List of Approved Spent Fuel Storage Casks: Holtec HI-STORM 100 Addition

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG31

List of Approved Spent Fuel Storage Casks: Holtec HI-STORM 100

Addition

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

its regulations to add the Holtec International HI-STORM 100 cask

system to the list of approved spent fuel storage casks. This amendment

will allow the holders of power reactor operating licenses to store

spent fuel in the Holtec HI-STORM 100 cask system under a general

license.

DATES: The comment period expires December 6, 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, between 7:30 a.m. and 4:15 p.m. on Federal workdays.

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

website (http://ruleforum.llnl.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. These documents also

may be viewed and downloaded electronically via the interactive

rulemaking website established by NRC for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone (301) 415-8126,

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

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

0001.

NW. (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: Merri Horn, telephone (301) 415-8126,

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 that ``[t]he Secretary [of Energy] shall establish a

demonstration program 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

der 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 Holtec HI-STORM 100 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,

Holtec submitted an application for NRC approval with the Safety

Analysis Report (SAR): ``Topical Safety Analysis Report for the HI-

STORM 100 Cask System.'' The NRC evaluated the Holtec submittal and

issued a preliminary Safety Evaluation Report (SER) on the Holtec SAR

and proposed Certificate of Compliance (CoC) for the Holtec HI-STORM

100 cask system on September 10, 1999.

The NRC is proposing to approve the Holtec HI-STORM 100 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, and spent fuel specification

es 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, and spent fuel specification.

The proposed CoC for the Holtec HI-STORM 100 cask system and the

underlying preliminary SER, dated September 10, 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 Merri Horn, Office of Nuclear

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

Washington, DC 20555, telephone (301) 415-8126, email [email protected].

Discussion of Proposed Amendments by Section

Section 72.214 List of Approved Spent Fuel storage Casks

Certificate Number 1014 would be added indicating that:

(1) The title of the SAR is ``Final Safety Analysis Report for the

HI-STORM 100 Cask System'';

(2) The Docket Number is 72-1014;

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

rule effective date; and

(4) The model number affected is HI-STORM 100.

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

n 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.

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.

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 Holtec HI-

STORM 100 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.

Finding of No Significant Environmental Impact: Availability

ard is inconsistent with applicable law or otherwise

impractical. In this proposed rule, the NRC would add the Holtec HI-

STORM 100 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.

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. The proposed rule would add the Holtec HI-STORM

100 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 Merri Horn, Office of Nuclear

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

Washington, DC 20555, telephone (301) 415-8126, 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

on, DC 20555, telephone (301) 415-8126, 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 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.

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 both the NRC and the utilities more

time and money in that each utility would have to pursue a new site-

specific license

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 both the NRC and the utilities more

time and money in that each utility would have to pursue a new site-

specific license. Using site-specific licenses 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. 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

ore 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. 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

238, 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. In Section 72.214, Certificate of Compliance 1014 is added to

read as follows:

Sec. 72.214 List of approved spent fuel storage casks.

* * * * *

Certificate Number: 1014.

SAR Submitted by: Holtec International.

SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask

System.

Docket Number: 72-1014.

Certification Expiration Date: [insert 20 years after the effective

date of the final rule].

Model Number: HI-STORM 100.

* * * * *

Dated at Rockville, Maryland, this 10th day of September 1999.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 99-24667 Filed 9-21-99; 8:45 am]

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