List of Approved Spent Fuel Storage Casks: Addition

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG 17

List of Approved Spent Fuel Storage Casks: Addition

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

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

its regulations to add the Holtec International Hi-Star 100 cask system

(Hi-Star) 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 Hi-Star cask system under a general license.

DATES: The comment period expires March 29, 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 7:45 am 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].

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: Stan Turel, telephone (301) 415-6234,

e-mail, [email protected] or Philip Brochman, telephone (301) 415-8592, e-

mail,

[email protected] of the Office of Nuclear Materials 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) directs that, ``(t)he Secretary (of the Department of Energy

(DOE)) shall establish a demonstration program, in cooperation with the

private sector, 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, publishing

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

License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR

29181, 1990). 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 casks

designs. Dry storage cask systems are massive devices designed to

provide shielding from direct exposure to radiation, to confine the

spent fuel in a safe storage condition, and to prevent releases of

radioactive material to the environment. They are designed to perform

these tasks by relying on passive heat removal and confinement systems

without moving parts and with minimal reliance on human intervention to

safely fulfill their function for the term of storage. The 1990

rulemaking listed four casks in 10 CFR 72.214 subpart K as approved by

the NRC for storage of spent fuel at power reactor sites under general

license by persons authorized to possess or operate nuclear power

reactors.

Discussion

This proposed rulemaking would add the Holtec International HI-STAR

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 International submitted an application for

NRC approval, together with its Safety Analysis Report (SAR): ``HI-STAR

100 Cask System Topical Safety Analysis Report (TSAR), Revision 8''

dated June 18, 1998. The NRC evaluated the Holtec International

submittal and issued a preliminary Safety Evaluation Report (SER) on

the Holtec International SAR and a proposed certificate of compliance

(CoC) for the Holtec International HI-STAR 100 cask system.

The NRC is proposing to approve the Holtec International HI-STAR

100 cask system for storage of spent fuel under the conditions

specified in the proposed CoC. While the HI-STAR 100 cask system is

designed to be used as a dual purpose storage and transportation cask,

the use or certification of the HI-STAR 100 under 10 CFR part 71 for

off-site transport of spent fuel is not a subject of this rulemaking.

Certification for transportation could occur only after the completion

of a separate staff review of the HI-STAR 100 Safety Analysis report

for transportation. Thus, issues pertaining to the transportation

configuration of the HI-STAR 100 cask system are not within the scope

of this rulemaking.

The HI-STAR 100 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 public

health and safety would be ensured. This cask is being proposed for

listing under 10 CFR 72.214, ``List of Approved Spent Fuel Storage

Casks'' to allow holders of power reactor operating licensees to store

spent fuel in this cask 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's CoC is renewed. The

certificate contains conditions for use similar to those for other NRC

approved casks, however, the CoC for each cask system may differ in

some specifics--such as, certificate number, operating procedures,

training exercises, spent fuel specification. The proposed CoC for the

Holtec International HI-STAR 100 cask system and the underlying

preliminary SER, dated December 15, 1998, 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 may be

obtained from Stan Turel, Office of Nuclear Materials Safety and

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

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

Future Rulemaking Procedures

The Holtec International HI-STAR 100 cask system would become the

eighth cask system added to 10 CFR 72.214 list through the process of

notice-and-comment rulemaking. Because the NRC believes the additions

and revisions to the list of approved spent fuel storage casks are

noncontroversial and routine, NRC is considering publishing future

additions and revisions as direct final rules. Direct final rulemaking

is a technique for expediting the issuance of noncontroversial rules.

If the NRC implements this procedure in future rulemakings adding cask

systems to the 10 CFR 72.214 list, the NRC would publish the proposed

addition or revision to the list as both a proposed and a final rule in

the Federal Register simultaneously. A direct final rule will normally

become effective 75 days after publication in the Federal Register.

However, if the NRC receives significant adverse comments on the direct

final rule within 30 days after publication in the Federal Register,

the NRC will publish a document that withdraws the direct final rule.

If the direct final rule is withdrawn, the NRC will address the

comments received as comments on the proposed rule and will

subsequently issue a final rule. Absent significant modifications to

the proposed revisions requiring republication, the NRC will not

initiate a second comment period in the event the direct final rule is

withdrawn. The NRC is requesting comments on the use of direct final

rules for future additions and revisions to the list of approved spent

fuel storage casks.

Errata to the Proposed Certificate of Compliance (CoC) Preliminary

SER

During NRC management review of the proposed CoC (docketed

September 30, 1998, and placed in the NRC PDR) a question was

identified on the 6,000 psi limit in Technical Specification 4.4.6.d,

``Soil effective modulus of elasticity.'' The question related to

whether the 6,000 psi limit was too narrow and whether this limit would

unnecessarily restrict which reactor sites could use the HI-STAR 100

cask. NRC staff evaluated this issue and requested the applicant

provide additional information. The applicant subsequently submitted

additional information and supporting analysis and requested that the

soil effective modulus of elasticity limit be raised to 28,000 psi. NRC

staff verified that if a 28,000 psi limit was used, the maximum cask

deceleration occurring in the cask

tip-over, side drop, and bottom-end vertical-drop accident analyses

would remain bounded by the existing SER analyses.

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 change safety

requirements and would not have significant environmental impacts. The

proposed rule would add a cask known as the Holtec International HI-

STAR 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 Stan Turel Office of Nuclear

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

Washington, DC 20555, 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 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. The amendment provided for the storage of spent nuclear

fuel under a general license in casks certified by the NRC. Any nuclear

power reactor licensee can use NRC-certified casks to store spent

nuclear fuel if they notify 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, two additional casks were added to the listing

in 10 CFR 72.214 in 1993 and one in 1994.

The alternative to this proposed action is to withhold

certification of this new design and issue a site-specific license to

each utility that proposed to use the casks. However, this alternative

would cost the NRC more time and money for each site-specific review.

In addition, withholding certification would ignore the procedures and

criteria currently in place for the addition of new cask designs.

Further, it is in conflict with the Nuclear Waste Policy Act (NWPA)

direction to the NRC 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 in that 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.

Further, the rule, if adopted, would 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.

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.

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. This proposed rulemaking 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 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, and thus, a backfit

analysis is not required for this proposed rule because this amendment

does not involve any provisions that would impose backfits as defined

in the backfit rule.

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

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).

In Sec. 72.214, Certificate of Compliance (CoC) 1008 is added to

read as follows:

Sec. 72.214 List of approved spent fuel storage casks.

* * * * *

Certificate Number: 1008

SAR Submitted by: Holtec International

SAR Title: HI-STAR 100 Cask System Topical Safety Analysis Report

(TSAR), Revision 8

Docket Number: 72-1008

Certification Expiration Date: (20 years after final rule effective

date)

Model Numbers: HI-STAR 100

Dated at Rockville, Maryland, this 15th day of December 1998.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 99-505 Filed 1-8-99; 8:45 am]

BILLING CODE 7590-01-P