List of Approved Spent Fuel Storage Casks: (NAC-MPC) Addition

W. (Lower Level), Washington, DC. These 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 power reactor sites, with the objective of establishing one or

more technologies 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, ``(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 Commission approved dry storage of

spent nuclear fuel in NRC-approved casks under a general license,

publishing on July 18, 1990, a final rule in 10 CFR part 72 entitled,

``General License for Storage of Spent Fuel at Power Reactor Sites''

(55 FR 29181). This rule also established a new subpart L within 10 CFR

part 72 entitled ``Approval of Spent Fuel Storage Casks,'' containing

procedures and criteria for obtaining NRC approval of dry storage cask

designs.

Discussion

er a general license,

publishing on July 18, 1990, a final rule in 10 CFR part 72 entitled,

``General License for Storage of Spent Fuel at Power Reactor Sites''

(55 FR 29181). This rule also established a new subpart L within 10 CFR

part 72 entitled ``Approval of Spent Fuel Storage Casks,'' containing

procedures and criteria for obtaining NRC approval of dry storage cask

designs.

Discussion

This proposed rule would add the NAC International Multi-Purpose

Canister (NAC-MPC) cask system to the list of NRC-approved casks for

spent fuel storage in 10 CFR 72.214. Following the procedures specified

in 10 CFR 72.230 of Subpart L, NAC International (NAC) submitted an

application for NRC approval with the Safety Analysis Report (SAR):

``Safety Analysis Report for the NAC Multi-Purpose Canister System

(NAC-MPC), Revision 2.'' The NRC evaluated the NAC submittal and issued

a preliminary Safety Evaluation Report (SER) on the NAC SAR and

proposed Certificate of Compliance (CoC) for the NAC-MPC cask system on

August 9, 1999.

The NRC is proposing to approve the NAC-MPC cask system for storage

of spent fuel under the conditions specified in the proposed CoC. This

cask system, when used in accordance with the conditions specified in

the CoC and NRC regulations, will meet the requirements of 10 CFR part

72; thus, adequate protection of the public health and safety would be

ensured. This cask system is being proposed for listing under 10 CFR

72.214, ``List of approved spent fuel storage casks,'' to allow holders

of power reactor operating licenses to store spent fuel in this cask

system under a general license. The CoC would terminate 20 years after

the effective date of the final rule listing this cask in 10 CFR

72.214, unless the cask system's CoC is renewed. The certificate

contains conditions for use which are specific for this cask system and

addresses issues such as operating procedures, training exercises, and

spent fuel specification

e spent fuel in this cask

system under a general license. The CoC would terminate 20 years after

the effective date of the final rule listing this cask in 10 CFR

72.214, unless the cask system's CoC is renewed. The certificate

contains conditions for use which are specific for this cask system and

addresses issues such as operating procedures, training exercises, and

spent fuel specification.

The proposed CoC for the NAC-MPC cask system and the underlying

preliminary SER, dated August 9, 1999, are available for inspection and

comment at the NRC Public Document Room, 2120 L Street, NW. (Lower

Level), Washington, DC. Single copies of the proposed CoC and

preliminary SER may be obtained from Stan Turel, Office of Nuclear

Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301) 415-6234, email [email protected].

Discussion of Proposed Amendments by Section

Section 72.214 List of approved spent fuel storage casks.

Certificate Number 1025 would be added indicating that:

(1) The title of the SAR submitted by NAC International is ``Final

Safety Analysis Report for the NAC Multi-Purpose Canister System (NAC-

MPC System)'';

(2) The certificate expiration date would be 20 years after final

rule effective date; and

(3) The model number affected is NAC-MPC.

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. The

rule is mainly administrative in nature. It would not have significant

environmental impacts

y 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. The

rule is mainly administrative in nature. It would not have significant

environmental impacts. The proposed rule would add the NAC-MPC cask

system to the list of approved spent fuel storage casks that power

reactor licensees can use to store spent fuel at reactor sites without

additional site-specific approvals by the NRC. 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, Telephone (301) 415-6234, email [email protected].

Agreement State Compatibility

Under the ``Policy Statement on Adequacy and Compatibility of

Agreement State Programs'' approved by the Commission on June 30, 1997,

and published in the Federal Register on September 3, 1997 (62 FR

46517), this rule is classified as compatibility Category ``NRC.''

Compatibility is not required for Category ``NRC'' regulations. The NRC

program elements in this category are those that relate directly to

areas of regulation reserved to the NRC by the Atomic Energy Act of

1954, as amended (AEA) or the provisions of the Title 10 of the Code of

Federal Regulations. Although an Agreement State may not adopt program

elements reserved to NRC, it may wish to inform its licensees of

certain requirements via a mechanism that is consistent with the

particular State's administrative procedure laws, but does not confer

regulatory authority on the State.

ic Energy Act of

1954, as amended (AEA) or the provisions of the Title 10 of the Code of

Federal Regulations. Although an Agreement State may not adopt program

elements reserved to NRC, it may wish to inform its licensees of

certain requirements via a mechanism that is consistent with the

particular State's administrative procedure laws, but does not confer

regulatory authority on the State.

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 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 add the NAC-MPC cask

system to the list of NRC approved casks for spent fuel storage in 10

CFR 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

ge

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 NRC issued an amendment to 10

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

general license. Any nuclear power reactor licensee can use NRC-

certified casks to store spent nuclear fuel if it notifies the NRC in

advance, spent fuel is stored under the conditions specified in the

cask's CoC, and the conditions of the general license are met. In that

rule, four spent fuel storage casks were approved for use at reactor

sites and were listed in 10 CFR 72.214. That rule envisioned that

storage casks certified in the future could be added to the listing in

10 CFR 72.214 through rulemaking procedures. Procedures and criteria

for obtaining NRC approval of new spent fuel storage cask designs were

provided in 10 CFR part 72, subpart L. Subsequently, additional casks

have been added to the listing in 10 CFR 72.214.

The alternative to this proposed action is not to certify these new

designs and give a site-specific license to each utility that proposes

to use the casks. This would cost the NRC more time and money for site-

specific reviews. Using site-specific reviews would ignore the

procedures and criteria currently in place for the addition of new cask

designs and would be in conflict with the NWPA direction to the

Commission to approve technologies for the use of spent fuel storage at

the sites of civilian nuclear power reactors without, to the extent

practicable, the need for additional site reviews

site-

specific reviews. Using site-specific reviews would ignore the

procedures and criteria currently in place for the addition of new cask

designs and would be in conflict with the NWPA direction to the

Commission to approve technologies for the use of spent fuel storage at

the sites of civilian nuclear power reactors without, to the extent

practicable, the need for additional site reviews. Also, this

alternative is anticompetitive because it would exclude new vendors

without cause and would arbitrarily limit the choice of cask designs

available to power reactor licensees.

Approval of the proposed rule would eliminate the above problems

and is consistent with previous Commission actions. Further, the

proposed rule will have no adverse effect on public health and safety.

The benefit of this proposed rule to nuclear power reactor

licensees is to make available a greater choice of spent fuel storage

cask designs that can be used under a general license. However, the

newer cask design may have a market advantage over the existing designs

because power reactor licensees may prefer to use the newer casks with

improved features. The new cask vendors with casks to be listed in 10

CFR 72.214 benefit by having to obtain NRC certificates only once for a

design that can then be used by more than one power reactor licensee.

The NRC also benefits because it will need to certify a cask design

only once for use by multiple licensees. Casks approved through

rulemaking are to be suitable for use under a range of environmental

conditions sufficiently broad to encompass multiple nuclear power plant

sites in the United States without the need for further site-specific

approval by NRC. Vendors with cask designs already listed may be

adversely impacted because power reactor licensees may choose a newly

listed design over an existing one. However, the NRC is required by its

regulations and the NWPA direction to certify and list approved casks

broad to encompass multiple nuclear power plant

sites in the United States without the need for further site-specific

approval by NRC. Vendors with cask designs already listed may be

adversely impacted because power reactor licensees may choose a newly

listed design over an existing one. However, the NRC is required by its

regulations and the NWPA direction to certify and list approved casks.

This proposed rule would have 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 as 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 licensing and operation

of nuclear power plants, independent spent fuel storage facilities, and

cask vendors. 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 NRC has determined that the backfit rule (10 CFR 50.109 or 10

CFR 72.62) does not apply to this proposed rule because this amendment

does not involve any provisions that would impose backfits as defined

in the backfit rule. Therefore, a backfit analysis is not required.

List of Subjects In 10 CFR Part 72

s issued by the Small Business Administration at 13 CFR

part 121.

Backfit Analysis

The NRC has determined that the backfit rule (10 CFR 50.109 or 10

CFR 72.62) does not apply to this proposed rule because this amendment

does not involve any provisions that would impose backfits as defined

in the backfit rule. 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:

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))

ec. 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. In Sec. 72.214, Certificate of Compliance 1025 is added to read

as follows:

Sec. 72.214 List of approved spent fuel storage casks.

* * * * *

Certificate Number: 1025

SAR Submitted by: NAC International

SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose

Canister System

(NAC-MPC System)

Docket Number: 72-1025

Certification Expiration Date: [insert 20 years after the effective

date of the final rule]

Model Number: NAC-MPC

* * * * *

Dated at Rockville, Maryland, this 9th day of August, 1999.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 99-21799 Filed 8-20-99; 8:45 am]

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