[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Rules and Regulations]
[Pages 24786-24789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10677]



[[Page 24786]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI75
[NRC-2009-0538]


List of Approved Spent Fuel Storage Casks: NUHOMS[supreg] HD 
System Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Transnuclear, Inc. (TN) 
NUHOMS[supreg] HD System listing within the ``List of Approved Spent 
Fuel Storage Casks'' to include Amendment No. 1 to Certificate of 
Compliance (CoC) Number 1030. Amendment No. 1 will modify the CoC to 
add Combustion Engineering 16x16 class fuel assemblies as authorized 
contents, reduce the minimum off-normal ambient temperature from -
20[deg]F to -21[deg]F, expand the authorized contents of the 
NUHOMS[supreg] HD System to include pressurized water reactor fuel 
assemblies with control components, reduce the minimum initial 
enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 
0.2 weight percent uranium-235, clarify the requirements of 
reconstituted fuel assemblies, add requirements to qualify metal matrix 
composite neutron absorbers with integral aluminum cladding, delete use 
of nitrogen for draining the water from the dry shielded canister (DSC) 
and allow only helium as a cover gas during DSC cavity water removal 
operations, and make corresponding changes to the technical 
specifications.

DATES: The final rule is effective July 20, 2010, unless significant 
adverse comments are received by June 7, 2010. A significant adverse 
comment is a comment where the commenter explains why the rule would be 
inappropriate, including challenges to the rule's underlying premise or 
approach, or would be ineffective or unacceptable without a change. If 
the rule is withdrawn, timely notice will be published in the Federal 
Register.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2009-0538]. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#8bc8eaf9e4e7a5cceae7e7eaece3eef9cbe5f9e8a5ece4fd"><span class="__cf_email__" data-cfemail="743715061b185a3315181815131c1106341a06175a131b02">[email protected]</span></a>.
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#473723356935223428323524220729352469202831"><span class="__cf_email__" data-cfemail="1f6f7b6d316d7a6c706a6d7c7a5f716d7c31787069">[email protected]</span></a>. An electronic copy of the proposed CoC, technical 
specifications (TS), and preliminary safety evaluation report (SER) can 
be found under ADAMS Package Number ML092050827.
    CoC No. 1030, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC PDR, Public File 
Area O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, 
MD. Single copies of these documents may be obtained from Jayne M. 
McCausland, Office of Federal and State Materials and Environmental 
Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6219, e-mail <a href="/cdn-cgi/l/email-protection#81cbe0f8efe4afcce2c2e0f4f2ede0efe5c1eff3e2afe6eef7"><span class="__cf_email__" data-cfemail="7d371c04131853301e3e1c080e111c13193d130f1e531a120b">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail <a href="/cdn-cgi/l/email-protection#145e756d7a713a59775775616778757a70547a66773a737b62"><span class="__cf_email__" data-cfemail="2369425a4d460d6e40604256504f424d47634d51400d444c55">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the U. S. 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 by 
publishing a final rule in 10 CFR Part 72, which added a new Subpart K 
within 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 10 CFR Part 72, entitled 
``Approval of Spent Fuel Storage Casks,'' which contains procedures and 
criteria for obtaining NRC approval of spent fuel storage cask designs. 
The NRC subsequently issued a final rule on December 11, 2006 (71 FR 
71463), that approved the NUHOMS[supreg] HD System cask design and 
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as 
CoC No. 1030.

Discussion

    On November 1, 2007, and as supplemented on December 15, 2008, 
February 19, April 30, May 26, and June 10, 2009, TN, the holder of CoC 
No. 1030, submitted an application to the NRC that requested an 
amendment to CoC No. 1030. Specifically, TN requested modifications to 
the cask design to add Combustion Engineering (CE) 16x16 class fuel 
assemblies as authorized contents (the system is currently authorized 
to store CE 14x14, Westinghouse (WE) 15x15, and WE 17x17 classes only); 
reduce the minimum off-normal ambient temperature from -20[deg]F to -
21[deg]F; expand the authorized contents of the NUHOMS[supreg] HD 
System to include pressurized water reactor (PWR) fuel assemblies with 
control components; reduce the minimum initial enrichment of fuel 
assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent 
uranium-235; clarify the requirements of reconstituted fuel assemblies, 
add requirements to qualify metal matrix composite neutron absorbers 
with integral aluminum cladding; delete use of nitrogen for draining 
the water from the DSC, and allow only helium as a cover gas during DSC 
cavity water removal operations; and make corresponding changes to the 
TS as described in the SER. As documented in the SER, the NRC staff 
performed a detailed safety evaluation of the proposed CoC amendment 
request

[[Page 24787]]

and found that an acceptable safety margin is maintained. In addition, 
the NRC staff has determined that there continues to be reasonable 
assurance that public health and safety will be adequately protected.
    This direct final rule revises the NUHOMS[supreg] HD System listing 
in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1030. The 
amendment consists of the changes described above, as set forth in the 
revised CoC and TS. The particular TS which are changed are identified 
in the SER.
    The amended NUHOMS[supreg] HD System cask design, when used under 
the conditions specified in the CoC, the TS, and NRC regulations, will 
meet the requirements of Part 72; thus, adequate protection of public 
health and safety will continue to be ensured. When this direct final 
rule becomes effective, persons who hold a general license under 10 CFR 
72.210 may load spent nuclear fuel into NUHOMS[supreg] HD System casks 
that meet the criteria of Amendment No. 1 to CoC No. 1030 under 10 CFR 
72.212.

Discussion of Amendments by Section


Section 72.214  List of approved spent fuel storage casks.

    Certificate No. 1030 is revised by adding the effective date of 
Amendment Number 1.

Procedural Background

    This rule is limited to the changes contained in Amendment 1 to CoC 
No. 1030 and does not include other aspects of the NUHOMS[supreg] HD 
System. The NRC is using the ``direct final rule procedure'' to issue 
this amendment because it represents a limited and routine change to an 
existing CoC that is expected to be noncontroversial. Adequate 
protection of public health and safety continues to be ensured. The 
amendment to the rule will become effective on July 20, 2010. However, 
if the NRC receives significant adverse comments on this direct final 
rule by June 7, 2010, then the NRC will publish a document that 
withdraws this action and will subsequently address the comments 
received in a final rule as a response to the companion proposed rule 
published elsewhere in this issue of the Federal Register. Absent 
significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate a second comment period on 
this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or TS.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement 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 direct final rule, the NRC will revise 
the NUHOMS[supreg] HD System cask design listed in Sec.  72.214 (List 
of NRC-approved spent fuel storage cask designs). This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

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 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, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible language. The NRC 
requests comments on this direct final 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.

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 
NRC has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the NUHOMS[supreg] HD System cask 
design within the list of approved spent fuel storage casks that power 
reactor licensees can use to store spent fuel at reactor sites under a 
general license. The amendment will add CE 16x16 class fuel assemblies 
as authorized contents; reduce the minimum off-normal ambient 
temperature from -20[deg]F to -21[deg]F; expand the authorized contents 
of the NUHOMS[supreg] HD System to include PWR fuel assemblies with 
control components; reduce the minimum initial enrichment of fuel 
assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent 
uranium-235; clarify the requirements of reconstituted fuel assemblies; 
add requirements to qualify metal matrix composite neutron absorbers 
with integral aluminum cladding; delete use of nitrogen for draining 
the water from the DSC, and allow only helium as a cover gas during DSC 
cavity water removal operations; and make corresponding changes to the 
TS as described in the SER.
    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, Public File Area O-1F21, One White Flint 
North, 11555 Rockville Pike, Rockville, MD. Single copies of the 
environmental assessment and finding of no significant impact are 
available from Jayne M. McCausland, Office of Federal and State

[[Page 24788]]

Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail <a href="/cdn-cgi/l/email-protection#773d160e1912593a14341602041b1619133719051459101801"><span class="__cf_email__" data-cfemail="4b012a32252e650628082a3e38272a252f0b253928652c243d">[email protected]</span></a>.

Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements 
and, therefore, is not 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

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

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 in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's CoC, and the 
conditions of the general license are met. A list of NRC-approved cask 
designs is contained in 10 CFR 72.214. On December 11, 2006 (71 FR 
71463), the NRC issued an amendment to Part 72 that approved the 
NUHOMS[supreg] HD System cask design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214. On November 1, 2007, and as 
supplemented on December 15, 2008, February 19, April 30, May 26, and 
June 10, 2009, the certificate holder (TN) submitted an application to 
the NRC to amend CoC No. 1030 to add CE 16x16 class fuel assemblies as 
authorized contents; reduce the minimum off-normal ambient temperature 
from -20[deg]F to -21[deg]F; expand the authorized contents of the 
NUHOMS[supreg] HD System to include PWR fuel assemblies with control 
components; reduce the minimum initial enrichment of fuel assemblies 
from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; 
clarify the requirements of reconstituted fuel assemblies; add 
requirements to qualify metal matrix composite neutron absorbers with 
integral aluminum cladding; delete use of nitrogen for draining the 
water from the DSC, and allow only helium as a cover gas during DSC 
cavity water removal operations; and make corresponding changes to the 
TS as described in the SER.
    The alternative to this action is to withhold approval of Amendment 
No. 1 and to require any Part 72 general licensee, seeking to load fuel 
into NUHOMS[supreg] HD System casks under the changes described in 
Amendment No. 1, to request an exemption from the requirements of 10 
CFR 72.212 and 72.214. Under this alternative, each interested Part 72 
licensee would have to prepare, and the NRC would have to review, a 
separate exemption request, thereby increasing the administrative 
burden upon the NRC and the costs to each licensee.
    Approval of the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the direct final rule will have no adverse effect on public 
health and safety. This direct final rule has no significant 
identifiable impact or benefit on other Government agencies. Based on 
this regulatory analysis, the NRC concludes that the requirements of 
the direct final 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

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this rule will not, if issued, have a significant 
economic impact on a substantial number of small entities. This direct 
final rule affects only nuclear power plant licensees and TN. These 
entities do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule because this amendment does not 
involve any provisions that would impose backfits as defined in 10 CFR 
Chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs, 
Office of Management and Budget.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Nuclear 
materials, Occupational safety and health, Radiation protection, 
Reporting and recordkeeping requirements, Security measures, Spent 
fuel, Whistleblowing.

0
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; the Nuclear Waste Policy Act of 1982, as amended; and 
5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 
10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
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. 102-
486, sec. 7902, 106 Stat. 3123 (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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    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).


0
2. In Sec.  72.214, Certificate of Compliance 1030 is revised to read 
as follows:

[[Page 24789]]

Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1030.
    Initial Certificate Effective Date: January 10, 2007.
    Amendment No. 1 Effective Date: July 20, 2010.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] HD 
Horizontal Modular Storage System for Irradiated Nuclear Fuel.
    Docket Number: 72-1030.
    Certificate Expiration Date: January 10, 2027.
    Model Number: NUHOMS[supreg] HD-32PTH.
* * * * *

    Dated at Rockville, Maryland, this 19th day of April, 2010.
    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-10677 Filed 5-5-10; 8:45 am]
BILLING CODE 7590-01-P


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