List of Approved Spent Fuel Storage Casks; Revision, NUHOMS 24-P and NUHOMS 52-B

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG19

List of Approved Spent Fuel Storage Casks; Revision, NUHOMS 24-P

and NUHOMS 52-B

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend

its regulations containing the list

of approved spent fuel storage cask designs to add an amended version

of Certificate of Compliance Number (CoC No.) 1004 to this list. The

amended version reflects a change of ownership of this certificate from

VECTRA Technologies, Inc. to Transnuclear West, Inc., (TN West) as well

as an amendment to the certificate. This rulemaking also implements a

Director's Decision, in response to a petition filed by the Toledo

Coalition for Safe Energy, et al., regarding the cask design, approved

by CoC No. 1004, in which the Director determined that a rulemaking

should be conducted to require a fabrication inspection of dry shielded

canister (DSC) shell welds.

DATES: The comment period expires October 12, 1999. Comments received

after this date will be considered if it is practical to do so, but the

NRC is able to assure consideration only for comments received on or

before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555-0001, Attn: Rulemakings and

Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,

Rockville, MD 20852-2738, between 7:30 a.m. and 4:15 p.m. on Federal

workdays.

You may also provide comments via the NRC's interactive rulemaking

web site through the NRC's home page (http://www.nrc.gov). This site

provides the availability to upload comments as files (any format) if

your web browser supports that function. For information about the

interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-

5905; e-mail [email protected]

on Federal

workdays.

You may also provide comments via the NRC's interactive rulemaking

web site through the NRC's home page (http://www.nrc.gov). This site

provides the availability to upload comments as files (any format) if

your web browser supports that function. For information about the

interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-

5905; e-mail [email protected].

Certain documents related to this rulemaking, including comments

received by the NRC, may be examined at the NRC Public Document Room,

2120 L Street NW. (Lower Level), Washington, DC 20003-1527. These same

documents also may be viewed and downloaded electronically via the

interactive rulemaking website established by NRC for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234,

e-mail, [email protected] of the Office of Nuclear Material Safety and

Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-

0001.

SUPPLEMENTARY INFORMATION:

Background

Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended

(NWPA), requires, ``. . . for the dry storage of spent nuclear fuel at

civilian nuclear power reactor sites, with the objective of

establishing one or more technologies that the [Nuclear Regulatory]

Commission may, by rule, approve for use at the sites of civilian

nuclear power reactors without, to the maximum extent practicable, the

need for additional site-specific approvals by the Commission.''

Section 133 of the NWPA states, in part, that ``[t]he Commission shall,

by rule, establish procedures for the licensing of any technology

approved by the Commission under Section 218(a) for use at the site of

any civilian nuclear power reactor.''

To implement this mandate, the NRC approved dry storage of spent

nuclear fuel in NRC-approved casks under a general license by

publishing a final rule in 10 CFR Part 72 entitled, ``General License

for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July

18, 1990)

hnology

approved by the Commission under Section 218(a) for use at the site of

any civilian nuclear power reactor.''

To implement this mandate, the NRC approved dry storage of spent

nuclear fuel in NRC-approved casks under a general license by

publishing a final rule in 10 CFR Part 72 entitled, ``General License

for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July

18, 1990). This rule also established a new Subpart L within Part 72,

entitled ``Approval of Spent Fuel Storage Casks,'' that contains

procedures and criteria for obtaining NRC approval of dry storage cask

designs.

The NRC subsequently issued a final rule to amend Part 72 by adding

to the list of approved spent fuel storage cask designs CoC No. 1004 to

VECTRA Technologies, Inc., of San Jose, California, for the

standardized NUHOMS-24P and NUHOMS-52B spent fuel storage cask designs

(59 FR 65898; December 22, 1994). The NUHOMS design consists of a

sealed, dry shielded canister (DSC), which contains the spent fuel

assemblies. A loaded DSC is stored inside a ventilated, horizontal,

concrete vault (i.e., storage module).

The Petition

The Toledo Coalition for Safe Energy, et al., filed a petition with

the NRC on December 5, 1995, pursuant to 10 CFR 2.206. The petitioners

raised concerns on the safety of the NUHOMS-24P spent fuel storage cask

design regarding a reduction in the thickness of the welds in the walls

of three DSCs fabricated for use at the Davis-Besse nuclear power

plant. In addition, the petitioners questioned the NRC's administrative

process by which VECTRA was permitted to deliver the DSCs containing

wall thinning to the Davis-Besse facility and by which the licensee for

Davis Besse was permitted to use these casks. The petitioners claimed

that an NRC rulemaking or some other public proceeding was necessary to

grant permission for the transfer and use of these spent fuel storage

casks

questioned the NRC's administrative

process by which VECTRA was permitted to deliver the DSCs containing

wall thinning to the Davis-Besse facility and by which the licensee for

Davis Besse was permitted to use these casks. The petitioners claimed

that an NRC rulemaking or some other public proceeding was necessary to

grant permission for the transfer and use of these spent fuel storage

casks.

The Petition was referred to the Director of the NRC's Office of

Nuclear Material Safety and Safeguards (NMSS) for action under the

NRC's regulations in 10 CFR 2.206. On February 5, 1997, the Director of

NMSS issued Director's Decision 97-03 (DD-97-03) that granted the

Petition, in part. The decision found that the minimum wall thickness

measured by VECTRA in the three DSCs was 0.581 inch, less than the

original design wall thickness of 0.625 inch specified in the Safety

Analysis Report (SAR). VECTRA performed calculations demonstrating that

a DSC with a 0.500 inch uniform minimum wall thickness still met the

American Society of Mechanical Engineers, Boiler and Pressure Vessel

Code (ASME Code), allowable stress values and satisfied the NRC's

design criteria. VECTRA submitted these calculations in a letter dated

September 5, 1995. In a Safety Evaluation (SE), dated October 5, 1995,

the NRC accepted VECTRA's wall thickness calculation as meeting the

ASME Code allowable stress values. However, the NRC indicated that

because of the limited experience in performing weld thickness

measurements, it was reasonable for VECTRA to establish a fabrication

margin of 0.063 inch above the 0.500 inch minimum design wall

thickness. The decision stated, in part, ``while VECTRA failed to

comply with its SAR commitment of 0.625 inch, its failure resulted in

no compromise of safety. Nonetheless, the failure raised an issue of

poor control during the fabrication process.'' The decision also found

that existing NUHOMS-24P casks remained acceptable for continued use

.063 inch above the 0.500 inch minimum design wall

thickness. The decision stated, in part, ``while VECTRA failed to

comply with its SAR commitment of 0.625 inch, its failure resulted in

no compromise of safety. Nonetheless, the failure raised an issue of

poor control during the fabrication process.'' The decision also found

that existing NUHOMS-24P casks remained acceptable for continued use.

The decision further found that VECTRA had no procedure to measure the

final wall thickness in the area of the welds, after grinding or in any

subsequent steps in the fabrication process, which would provide an

adequate level of control in maintaining minimum acceptable wall

thickness. VECTRA failed to comply with the NRC's requirement under

Sec. 72.150 to have procedures that include appropriate qualitative and

quantitative acceptance criteria for determining that important

activities have been satisfactorily accomplished. The decision

indicated that CoC No. 1004 should be modified to require a fabrication

inspection procedure to assure that DSC weld-grinding operations do not

result in wall thinning below acceptable levels. Accordingly, the

petitioners' request was granted, in part. The decision is available

for review in the NRC Public Document Room as ``Director's Decision

Under 10 CFR 2.206, DD # 97-03.''

Discussion

The NRC is proposing to revise information contained in Sec. 72.214

under

CoC No. 1004 to reflect Amendment No. 1 to CoC No. 1004 and to address

four administrative issues in the current language in Sec. 72.214.

These four administrative issues include (1) correcting the expiration

date of CoC No. 1004 from the present ``(20 years after the final rule

effective date)'' to ``January 23, 2015;'' (2) correcting the title and

revision number of the standardized NUHOMS SAR to be consistent with

the approach the NRC proposed for CoC SARs in a new Sec

istrative issues in the current language in Sec. 72.214.

These four administrative issues include (1) correcting the expiration

date of CoC No. 1004 from the present ``(20 years after the final rule

effective date)'' to ``January 23, 2015;'' (2) correcting the title and

revision number of the standardized NUHOMS SAR to be consistent with

the approach the NRC proposed for CoC SARs in a new Sec. 72.248 (see

proposed rule in 63 FR 56098; October 21, 1998); (3) revising the CoC

to reflect the transfer of the CoC from VECTRA Technologies, Inc. to

Transnuclear West, Inc., (TN West); and (4) specifying the

applicability of Amendment No. 0 and Amendment No. 1 to this CoC.

Change 1 keeps the certificate expiration date consistent with the

NRC's policy for Part 72 CoCs, which is to use 20 years from the date

the final rule is effective. The final rule adding CoC No. 1004 to

Sec. 72.214 was effective on January 23, 1995; consequently, the

expiration date for this CoC is January 23, 2015.

Change 2 keeps CoC No. 1004 consistent with other proposed changes

to Part 72. The SAR Title will be changed from ``Safety Analysis Report

for the Standardized NUHOMS Horizontal Modular Storage System for

Irradiated Nuclear Fuel, Revision 2'' to ``Final Safety Analysis Report

for the Standardized NUHOMS Horizontal Modular Storage System for

Irradiated Nuclear Fuel.'' In the new Sec. 72.248, a final SAR is to be

submitted to the Commission within 90 days after approval of the cask

design and then will be updated periodically. Replacement pages will be

provided to the Commission, but FSAR revision numbers will not be used.

Change 3 recognizes the transfer of the CoC from VECTRA to TN West,

NRC received letters dated December 18, 1997, from both VECTRA and TN

West describing the purchase of VECTRA's intellectual properties and

assets associated with NUHOMS technology by TN West

and then will be updated periodically. Replacement pages will be

provided to the Commission, but FSAR revision numbers will not be used.

Change 3 recognizes the transfer of the CoC from VECTRA to TN West,

NRC received letters dated December 18, 1997, from both VECTRA and TN

West describing the purchase of VECTRA's intellectual properties and

assets associated with NUHOMS technology by TN West. In its December

18, 1997, letter, TN West described that it planned to conduct

fabrication activities in accordance with the quality assurance program

described in Section 11 of the NUHOMS SAR. TN West further described

that it had acquired the composite records of casks manufactured under

CoC No. 1004 and that it had records associated with changes to the

NUHOMS design implemented after issuance of the CoC.

Change 4 describes how general licensees would continue to use

spent fuel storage casks manufactured under CoC No. 1004, Amendment No.

0 (i.e., the initial CoC), if the cask being used was fabricated before

[insert effective date of the final rule]. After [insert effective date

of the final rule], casks must be manufactured in accordance with CoC

No. 1004, Amendment No. 1.

This proposed rule would issue Amendment No. 1 to CoC No. 1004.

Amendment No. 1 would revise and reformat the CoC to be consistent with

the NRC's current format and layout for Part 72 certificates.

Conditions No. 1 through 8 would be renumbered and Condition No. 9

would remain the same. Additionally, Condition No. 4 (previously

Condition No. 6) would be revised to implement DD-97-03. Because the

Director granted the Petition, in part, and to ensure future compliance

with Sec. 72.150 with respect to DSC shell-weld thickness, the revised

Condition No. 4 to CoC No.1004 would require inspection of DSC shell

welds and specify a minimum shell-weld thickness. Condition No

the same. Additionally, Condition No. 4 (previously

Condition No. 6) would be revised to implement DD-97-03. Because the

Director granted the Petition, in part, and to ensure future compliance

with Sec. 72.150 with respect to DSC shell-weld thickness, the revised

Condition No. 4 to CoC No.1004 would require inspection of DSC shell

welds and specify a minimum shell-weld thickness. Condition No. 4 would

be revised to read as follows:

Fabrication activities shall be conducted in accordance with a

quality assurance program as described in Section 11.0 of the SAR.

All fabrication acceptance tests and procedures shall be performed

in accordance with detailed written procedures. TN West shall ensure

that 100 percent of the full penetration longitudinal and

circumferential butt welds used for the DSC shell are inspected

using radiographic examination. Inspections shall be performed on

each shell weld after the weld is ground flush with surrounding

surfaces, and the weld and the base metal wall thickness shall be

greater than or equal to 0.500 inch.

VECTRA's analysis indicated that a wall design of 0.500 inch would

satisfy NRC design criteria. In a letter dated August 7, 1995, VECTRA

described plans to perform measurements of shell-weld thickness during

the DSC fabrication process. By letter dated September 5, 1995 (NRC

document Accession Number 9509110095), VECTRA submitted an analysis,

NUH004.0213, ``Standardized NUHOMS-24P DSC Shell Minimum Acceptable

Uniform Thickness,'' Revision 1, which evaluated the structural

acceptability of a standardized NUHOMS-24P DSC with a minimum shell

thickness of 0.500 inch. 1 In a Safety Evaluation (SE) dated

October 5, 1995, (Accession Number 9512200130) the NRC staff concluded

that the structural capability of the DSC would not be compromised with

a shell-weld thickness of 0.500 inch

ll Minimum Acceptable

Uniform Thickness,'' Revision 1, which evaluated the structural

acceptability of a standardized NUHOMS-24P DSC with a minimum shell

thickness of 0.500 inch. 1 In a Safety Evaluation (SE) dated

October 5, 1995, (Accession Number 9512200130) the NRC staff concluded

that the structural capability of the DSC would not be compromised with

a shell-weld thickness of 0.500 inch. In a letter dated December 11,

1998 (Accession Number 9812300347), VECTRA [TN West] submitted an

analysis, NUH004.0218, ``Standardized NUHOMS-52B DSC Shell Minimum

Acceptable Uniform Thickness,'' Revision 1, that evaluated the

structural acceptability of a standardized NUHOMS-52B DSC with a

minimum shell thickness of 0.500 inch. In a safety evaluation dated

January 22, 1999 (Accession Number 9902110261), the NRC staff concluded

that with a wall thickness of 0.500 inch, the NUHOMS-52B DSC can

acceptably meet structural design codes.

---------------------------------------------------------------------------

\1\ The Standardized NUHOMS system includes two versions: the

NUHOMS-24P which stores up to 24 pressurized-water reactor

assemblies and the NUHOMS-52B which stores up to 52 boiling-water

reactor assemblies. The staff examined minimum weld thickness issues

for the NUHOMS-24P in a safety evaluation dated October 5, 1995. For

completeness, the staff examined minimum weld thickness issues for

the NUHOMS-52B in a safety evaluation dated January 22, 1999.

---------------------------------------------------------------------------

P and -52B cask design when used in accordance with the

conditions specified in the CoC as amended, and NRC regulations, will

meet the requirements of Part 72 and thus ensure adequate protection of

the public health and safety. Furthermore, as indicated in DD-97-03,

NUHOMS-24P casks previously manufactured before DD-97-03 was issued

will continue to adequately protect public health and safety.

The proposed Amendment No. 1 to CoC No. 1004, the VECTRA safety

analyses, and the NRC staff safety evaluations are available for

inspection and comment at the NRC Public Document Room, 2120 L Street,

NW. (Lower Level), Washington, DC 20003-1527. Single copies of the

proposed Amendment No. 1 to CoC No. 1004 may be obtained from Stan

Turel, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear

Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-

6234, email [email protected].

Discussion of Proposed Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

The text in Sec. 72.214 for Certificate No. 1004 would be revised

as follows:

(1) The name of person that submitted the SAR (i.e., name of the

certificate holder) would be changed to ``Transnuclear West, Inc.'';

(2) The title of the SAR would be changed to ``Final Safety

Analysis Report for the Standardized NUHOMS Horizontal Modular Storage

System for Irradiated Nuclear Fuel'';

(3) The expiration date for the certificate would be changed to

``January 23, 2015''; and

(1) The name of person that submitted the SAR (i.e., name of the

certificate holder) would be changed to ``Transnuclear West, Inc.'';

(2) The title of the SAR would be changed to ``Final Safety

Analysis Report for the Standardized NUHOMS Horizontal Modular Storage

System for Irradiated Nuclear Fuel'';

(3) The expiration date for the certificate would be changed to

``January 23, 2015''; and

(4) A new line on the applicability of Amendment No. 0 and

Amendment No. 1 would be added.

In addition to the changes to the rule language in Sec. 72.214, the

text for Condition No. 4 of CoC No. 1004 would be revised as described

above.

Applicability

Amendment No. 1 to CoC No. 1004 would apply to TN West's

manufacture of NUHOMS-24P or -52B DSCs, or to a general licensee using

the NUHOMS-24P or -52B cask system, where the manufacture of the DSC

was completed after [insert effective date of the final rule]. General

licensees who possess a NUHOMS-24P or -52B DSC, whose fabrication was

completed before [insert effective date of the final rule], would

continue to use the original version [Amendment No. 0] of CoC No. 1004

in implementing the requirements of Sec. 72.212 for the operation of an

independent spent fuel storage installation.

Finding of No Significant Environmental Impact: Availability

Under the National Environmental Policy Act of 1969, as amended,

and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has

determined that this rule, if adopted, would not be a major Federal

action significantly affecting the quality of the human environment

and, therefore, an environmental impact statement is not required. It

would not change safety requirements and would not have significant

environmental impacts. The proposed rule would revise the listing of

approved spent fuel storage casks contained in Sec. 72.214 by

correcting certain information listed under this certificate and by

issuing Amendment No. 1 which revises Condition No. 4 to CoC No

therefore, an environmental impact statement is not required. It

would not change safety requirements and would not have significant

environmental impacts. The proposed rule would revise the listing of

approved spent fuel storage casks contained in Sec. 72.214 by

correcting certain information listed under this certificate and by

issuing Amendment No. 1 which revises Condition No. 4 to CoC No. 1004

for the Standardized NUHOMS-24P and -52B cask system. The NRC has

concluded that Standardized NUHOMS-24P and -52B cask system designs, as

modified by Amendment No. 1 to the CoC, can continue to be used to

safely store spent fuel. The environmental assessment and finding of no

significant impact on which this determination is based are available

for inspection at the NRC Public Document Room, 2120 L Street NW.

(Lower Level), Washington, DC. Single copies of the environmental

assessment and finding of no significant impact are available from Stan

Turel, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear

Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-

6234, email [email protected].

Paperwork Reduction Act Statement

This proposed rule does not contain a new or amended information

collection requirement subject to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.). Existing requirements were approved by the

Office of Management and Budget, approval number 3150-0132.

Public Protection Notification

If a means used to impose an information collection does not

display a currently valid OMB control number, the NRC may not conduct

or sponsor, and a person is not required to respond to, the information

collection.

Voluntary Consensus Standards

501 et seq.). Existing requirements were approved by the

Office of Management and Budget, approval number 3150-0132.

Public Protection Notification

If a means used to impose an information collection does not

display a currently valid OMB control number, the NRC may not conduct

or sponsor, and a person is not required to respond to, the information

collection.

Voluntary Consensus Standards

The National Technology Transfer Act of 1995, (Pub. L. 104-113),

requires that Federal agencies use technical standards that are

developed or adopted by voluntary consensus standards bodies unless the

use of such a standard is inconsistent with applicable law or otherwise

impractical. In this proposed rule, the NRC would issue Amendment No. 1

to CoC No. 1004 for the NUHOMS-24P and -52B cask system, which is

currently listed in Sec. 72.214. This action does not constitute the

establishment of a standard that establishes generally-applicable

requirements.

Plain Language

The Presidential Memorandum dated June 1, 1998, entitled, ``Plain

Language in Government Writing,'' directed that the Government's

writing be in plain language. The NRC requests comments on this

proposed rule specifically with respect to the clarity and

effectiveness of the language used. Comments should be sent to the

address listed under the heading ADDRESSES above.

Regulatory Analysis

On July 18, 1990 (55 FR 29181), the Commission amended 10 CFR Part

72 to provide regulations for the storage of spent nuclear fuel under a

general license in cask designs approved by the NRC. Any civilian

nuclear power reactor licensed under 10 CFR Part 50 was issued a

general license under Part 72 to use NRC-approved cask designs to store

spent nuclear fuel if: (1) They notify the NRC in advance, (2) the

spent fuel is stored under the conditions specified in the CoC, and (3)

the conditions of the general license are met. In that rulemaking, four

spent fuel storage cask designs were approved for use at reactor sites,

and were listed in Sec

50 was issued a

general license under Part 72 to use NRC-approved cask designs to store

spent nuclear fuel if: (1) They notify the NRC in advance, (2) the

spent fuel is stored under the conditions specified in the CoC, and (3)

the conditions of the general license are met. In that rulemaking, four

spent fuel storage cask designs were approved for use at reactor sites,

and were listed in Sec. 72.214. That rulemaking envisioned that storage

cask designs approved in the future would be added to the listing in

Sec. 72.214 through the rulemaking process. Procedures and criteria for

obtaining NRC approval of new spent fuel storage cask designs were

provided in Part 72, Subpart L. The NRC subsequently amended Part 72

and authorized issuance of CoC No. 1004 to VECTRA Technologies, Inc.,

of San Jose, California, for the standardized NUHOMS-24P and -52B spent

fuel storage cask designs (59 FR 65898; December 22, 1994).

This proposed rule would issue Amendment No. 1 to CoC No. 1004.

Amendment No. 1 would revise and reformat the CoC to be consistent with

the NRC's current format and layout for Part 72 certificates.

Conditions No. 1 through 8 would be renumbered and Condition No. 9

would remain the same. Additionally, Condition No. 4 (previously

Condition No. 6) would be revised to implement the direction of DD-97-

03. The NRC has deemed necessary the changes to CoC No. 1004 to ensure

compliance with Part 72 quality assurance requirements. On August 29,

1995, the NRC issued an enforcement action in the form of a Notice of

Nonconformance to VECTRA regarding VECTRA's failure to comply with the

quality assurance regulations in Sec. 72.150. Specifically, VECTRA

failed to ensure that adequate wall thickness was maintained in DSCs

manufactured

changes to CoC No. 1004 to ensure

compliance with Part 72 quality assurance requirements. On August 29,

1995, the NRC issued an enforcement action in the form of a Notice of

Nonconformance to VECTRA regarding VECTRA's failure to comply with the

quality assurance regulations in Sec. 72.150. Specifically, VECTRA

failed to ensure that adequate wall thickness was maintained in DSCs

manufactured

under CoC No. 1004. Subsequently, the Director, NMSS, in response to a

petition from the Toledo Coalition for Safe Energy, et al. found, in

Director's Decision 97-03, that an inspection procedure requiring the

performance of minimum wall thickness measurements would be reasonable

and directed that CoC No. 1004 be amended to include such a

requirement. Consequently, the NRC considers this rule, in part, to be

an administrative action taken to implement DD-97-03.

General licensees would continue to use spent fuel storage casks

manufactured under CoC No. 1004, Amendment No. 0, if the cask was

fabricated before [insert effective date of the final rule]. After

[insert effective date of the final rule], casks must be manufactured

in accordance with CoC No. 1004, Amendment No. 1.

The alternative to this proposed action would be to allow outdated

information to remain in CoC No. 1004 and to withhold Amendment No. 1

to CoC No. 1004 and forgo inclusion of an explicit requirement for

measuring DSC shell-weld thickness. However, based on the concerns

identified with VECTRA's control of the fabrication process described

in the Notice of Nonconformance, the NRC deemed that addition of an

explicit requirement for measuring wall thickness in CoC No. 1004 is

necessary.

Approval of the proposed rule would provide both the NRC staff and

the public additional assurance that DSCs manufactured under CoC No.

1004 are fabricated in accordance with the approved design and Part 72

quality assurance requirements, and would have no adverse effect on

public health and safety

ddition of an

explicit requirement for measuring wall thickness in CoC No. 1004 is

necessary.

Approval of the proposed rule would provide both the NRC staff and

the public additional assurance that DSCs manufactured under CoC No.

1004 are fabricated in accordance with the approved design and Part 72

quality assurance requirements, and would have no adverse effect on

public health and safety.

This proposed rule has no significant identifiable impact or

benefit on other Government agencies. Based on the above discussion of

the benefits and impacts of the alternatives, the NRC concludes that

the requirements of the proposed rule are commensurate with the NRC's

responsibilities for public health and safety and the common defense

and security. No other available alternative is believed to be

satisfactory, and thus, this action is recommended.

Regulatory Flexibility Certification

In accordance with the Regulatory Flexibility Act of 1980, (5

U.S.C. 605(b)), the NRC certifies that this rule will not, if

promulgated, have a significant economic impact on a substantial number

of small entities. This proposed rule affects only the operation of

nuclear power plants, independent spent fuel storage facilities, and

Transnuclear West, Inc. The companies that own these plants do not fall

within the scope of the definition of ``small entities'' set forth in

the Regulatory Flexibility Act or the Small Business Size Standards set

out in regulations issued by the Small Business Administration at 13

CFR Part 121.

Backfit Analysis

eration of

nuclear power plants, independent spent fuel storage facilities, and

Transnuclear West, Inc. The companies that own these plants do not fall

within the scope of the definition of ``small entities'' set forth in

the Regulatory Flexibility Act or the Small Business Size Standards set

out in regulations issued by the Small Business Administration at 13

CFR Part 121.

Backfit Analysis

The backfit rule (Secs. 50.109 or 72.62) does not apply to

certificate holders. Moreover, this proposed rule does not involve any

provisions that would impose backfits as defined in those regulations

because the amended version of CoC No. 1004 is applicable only to casks

to be fabricated after the effective date of the final rule. General

licensees who currently possess these casks may operate under the

original CoC No. 1004 (Amendment No. 0) which remains on the list of

approved cask designs at Sec. 72.214. Therefore, a backfit analysis is

not required.

List of Subjects In 10 CFR Part 72

Criminal penalties, Manpower training programs, Nuclear materials,

Occupational safety and health, Reporting and recordkeeping

requirements, Security measures, Spent fuel.

For the reasons set out in the preamble and under the authority of

the Atomic Energy Act of 1954, as amended; the Energy Reorganization

Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to

adopt the following amendments to 10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF

SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

1. The authority citation for Part 72 continues to read as follows:

d under the authority of

the Atomic Energy Act of 1954, as amended; the Energy Reorganization

Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to

adopt the following amendments to 10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF

SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

1. The authority citation for Part 72 continues to read as follows:

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,

184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,

954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.

688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88

Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);

Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 10d-

48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. 5851); sec. 102, Pub. L.

91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,

137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,

Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,

10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),

Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),

10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat.

955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42

U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.

L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also

issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-

425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101,

10137(a), 10161(h)). Subparts K and L are also issued under sec.

133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252

(42 U.S.C. 10198).

2. Section 72.214, Certificate of Compliance Number 1004, is

revised to read as follows:

165(g)). Subpart J also

issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-

425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101,

10137(a), 10161(h)). Subparts K and L are also issued under sec.

133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252

(42 U.S.C. 10198).

2. Section 72.214, Certificate of Compliance Number 1004, is

revised to read as follows:

Sec. 72.214 List of approved spent fuel storage casks.

* * * * *

Certificate Number: 1004

Amendment Number: 0 and 1

Amendment Applicability:

Amendment No. 0 is applicable for casks manufactured before

[insert effective date of final rule].

Amendment No. 1 is applicable for casks manufactured after

[insert effective date of final rule].

SAR Submitted by: Transnuclear West, Inc.

SAR Title: Final Safety Analysis Report for the Standardized NUHOMS

Horizontal Modular Storage System for Irradiated Nuclear Fuel

Docket Number: 72-1004

Certificate Expiration Date: January 23, 2015

Model Numbers: Standardized NUHOMS-24P and NUHOMS-52B

* * * * *

Dated at Rockville, Maryland, this 7th day of July, 1999.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 99-19130 Filed 7-28-99; 8:45 am]

BILLING CODE 7590-01-P