List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 7, 52387-52391 [E9-24561]
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Rules and Regulations
Federal Register
Vol. 74, No. 196
Tuesday, October 13, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AI71
[NRC–2009–0349]
List of Approved Spent Fuel Storage
Casks: HI–STORM 100 Revision 7
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AGENCY: Nuclear Regulatory
Commission.
ACTION: Direct final rule.
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International
(Holtec) HI–STORM 100 dry cask
storage system listing within the ‘‘List of
Approved Spent Fuel Storage Casks’’ to
include Amendment No. 7 to Certificate
of Compliance (CoC) Number 1014.
Amendment No. 7 will modify the CoC
to add the HI–STORM 100U system to
the HI–STORM 100 cask systems. The
HI–STORM 100U system allows for the
underground storage of dry spent
nuclear fuel (SNF) by utilizing an
underground vertical ventilated module
(VVM) that can accept certain Holtec
multipurpose canisters (MPCs)
previously certified for storage of SNF
in the aboveground HI–STORM system.
The amendment also incorporates a
mandatory radiation protection
perimeter around the loaded VVMs. In
addition, the amendment will reinstate
the decay heat limits for damaged fuel
and fuel debris in Appendix B,
Technical Specification (TS) 2.4, for the
aboveground system that had been
inadvertently deleted from Amendment
Nos. 5 and 6; incorporate separate TS
Appendices A and B for the
aboveground system (Apps. A and B)
and for the HI–STORM 100U system
(Apps. A–100U and B–100U); revise
Appendix B, TS 3.4.5, to be consistent
with the required system thermal
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boundary conditions, as submitted in
the applicant’s safety analysis report for
a fire accident condition, and with
Holtec’s original (i.e., initial certificate
application or Amendment 0) submittal
and the NRC’s original safety evaluation
report; and revise and add certain
definitions in Appendix A, TS 1.1, to
include the VVM. The amendment will
also incorporate minor editorial
corrections in the TS for the
aboveground system.
DATES: The final rule is effective
December 28, 2009, unless significant
adverse comments are received by
November 12, 2009. 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
https://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2009–0349]. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
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 https://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
pdr.resource@nrc.gov. An electronic
copy of the proposed CoC, TS, and
preliminary safety evaluation report
(SER) can be found under ADAMS
Package Number ML091680333.
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CoC No. 1014, 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
Neelam Bhalla, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6843, e-mail Neelam.Bhalla@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Neelam Bhalla, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6843, e-mail Neelam.Bhalla@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended
(NWPA), states 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 SNF in NRCapproved 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 May 1, 2000 (65 FR 25241),
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that approved the HI–STORM 100 cask
design and added it to the list of NRCapproved cask designs in 10 CFR 72.214
as CoC No. 1014.
Discussion
By letter dated April 27, 2007, and as
supplemented on June 5, June 12, July
14, December 19, 2008, January 16,
January 21, February 6, April 6, April
22, May 13, and June 23, 2009, Holtec
submitted an application to the NRC
that requested an amendment to CoC
No. 1014. The amendment proposes to
add the HI–STORM 100U system to the
list of approved HI–STORM 100 cask
systems. The HI–STORM 100U system
allows for the underground storage of
dry spent fuel by utilizing an
underground VVM that can accept
certain Holtec MPCs previously certified
for storage in the Holtec aboveground
overpacks. The fixed structure of the
vertical storage cavity, identified by
Holtec as the ‘‘Cavity Enclosure
Container’’ (CEC), is made of a
cylindrical container shell integrally
welded to both a bottom plate and an
upper container flange. A continuous
weld between the container shell and
the bottom plate is done to ensure that
the CEC is completely sealed at its base.
The constituent parts of the CEC are
fabricated out of approximately 1-inch
thick low-carbon steel plate and are
coated with epoxy paint following
fabrication. For installation in highly
corrosive soils, the subsurface outer
shell of the VVM would be encased in
concrete for additional protection
against corrosion.
As installed in the subsurface, an
individual VVM extends approximately
5.8 meters (19 feet) below the ground
surface and rests in a recess on a
concrete support foundation of requisite
thickness (0.61–0.91 meter) (2 to 3 feet).
Engineered backfill surrounds the VVM
for most of its subsurface interface. The
VVM is capped by a massive steel and
concrete ventilated closure lid that sits
above the ground surface to about 0.74
meters (approximately 29 inches), and
prevents its horizontal shifting during
design basis events. Internally, the CEC
is equipped with a removable insulated
divider shell and MPC bearing pads to
help meet cask thermal performance
requirements. Air inlets and outlets
allow air to circulate naturally through
the cavity to cool the MPC interior. All
ventilation openings in the VVM are
covered with stainless steel wire mesh
to preclude the entry of small birds and
mammals.
The subterranean steel structure is
seal welded to prevent ingress of any
groundwater from the surrounding
subgrade, and is mounted on a stiff
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foundation. The surrounding subgrade
and a top surface pad provide
significant radiation shielding. A loaded
MPC is stored within the HI–STORM
100U storage VVM in the vertical
orientation.
For the HI–STORM 100U
underground system, the amendment
also incorporates a mandatory radiation
protection perimeter around the loaded
VVMs. In Appendix B–100U, TS 3.4.8
requires that prior to an excavation
activity contiguous to a Radiation
Protection Space (RPS), a seismic
evaluation of the Independent Spent
Fuel Storage Installation (ISFSI) in the
structurally most vulnerable
configuration (i.e., maximum amount of
earth removed) shall be performed to
verify that the stability of the support
foundation, the ISFSI pad, and the
shielding material within the RPS is
maintained. It requires that excavation
can only occur at a distance from the
RPS greater than 10 times the depth of
the planned excavation. The RPS, as
defined in TS 5.7.9 of Appendix A–
100U, is intended to ensure that the
substrate material (such as natural
subgrade and engineered fill) remains
intact under all service conditions,
including during an excavation activity
adjacent to the RPS.
For the HI–STORM 100U
underground system, Appendix B–100U
TS 3.4.5.a. requires that the support
foundation rest directly on a bedrock
unless the shear wave velocity of the
substrate on which the support
foundation rests is greater than or equal
to 3500 feet/second. As explained in the
SER, item 3.1.7 entitled, ‘‘Evaluation of
the HI–STORM 100U System Structural
Design,’’ Holtec must submit an
amendment request to CoC No.1014 if
there is any deviation from the
requirement set forth in Appendix B–
100U TS 3.4.5.a. This requirement will
ensure that the ISFSI can withstand the
design basis seismologic events.
For the HI–STORM 100 aboveground
system, the amendment will reinstate
the decay heat limits for damaged fuel
and fuel debris in TS Appendix B,
Section 2.4. These requirements had
been inadvertently deleted from
Amendment Nos. 5 and 6. Amendment
No. 7 does not alter the decay heat
limits that were previously approved in
the TS Appendix B.
For the aboveground system, the
amendment will revise Appendix B, TS
3.4.5, to be consistent with the required
system thermal boundary conditions as
submitted in the applicant’s safety
analysis report (SAR) for a fire accident
condition. This revision to TS Appendix
B does not add any new requirements
but makes it consistent with the intent
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of Holtec’s original (i.e., initial
certificate application or Amendment 0)
submittal and NRC’s original SER.
For the aboveground system, the
amendment will also revise and add
certain definitions in Appendix A, TS
1.1. For example, ‘‘Vertical Ventilated
Module’’ has been added and defined in
the list of terms defined in Appendix A.
The revisions and additions to the
definitions in Appendix A make these
terms usable in Appendices A, B, A–
100U, and B–100U. Finally, the
amendment will also incorporate minor
editorial corrections in Appendices A
and B for the aboveground system.
This direct final rule revises the HI–
STORM 100 dry storage cask system
listing in 10 CFR 72.214 by adding
Amendment No. 7 to CoC No. 1014. The
amendment consists of the changes
described above, as set forth in the
revised CoC and TS. The amendment
provides separate TS Appendices A and
B for the aboveground system, and
Appendices A–100U and B–100U for
the underground system. As
documented in the SER for Amendment
No. 7, the NRC staff performed a
detailed safety evaluation of the
proposed CoC amendment request 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 and the environment
will be adequately protected.
The amended HI–STORM 100 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, entities holding a
general license under 10 CFR 72.210
may load SNF into HI–STORM 100
casks that meet the criteria of
Amendment No. 7 to CoC No. 1014
under 10 CFR 72.212.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent
Fuel Storage Casks
Certificate No. 1014 is revised by
adding the effective date of Amendment
No. 7. This amendment also corrects the
CoC expiration date of June 1, 2020, to
May 31, 2020. The CoC No. 1014,
Amendment 0 (65 FR 25241; May 1,
2000), incorrectly stated an expiration
date of June 1, 2020, instead of May 31,
2020.
Procedural Background
This rule is limited to the changes
contained in Amendment No. 7 to CoC
No. 1014 and does not include other
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aspects of the HI–STORM 100 dry
storage cask 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 December 28,
2009. However, if the NRC receives any
significant adverse comments on this
direct final rule by November 12, 2009,
then the NRC will publish a document
that withdraws this action and will
subsequently address any comment
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-andcomment 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 HI–STORM 100
cask design listed in § 72.214 (List of
NRC-approved spent fuel storage cask
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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. This rule will amend the CoC
for the HI–STORM 100 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 modify the CoC
1014 to add the HI–STORM 100U
system to the HI–STORM 100 cask
systems. The HI–STORM 100U system
allows for the underground storage of
dry SNF. The amendment also
incorporates a mandatory radiation
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52389
protection perimeter around the loaded
VVMs. The environmental impact of
interim storage of SNF at an ISFSI has
been evaluated in NUREG–1092,
‘‘Environmental Assessment for 10 CFR
72 Licensing Requirements for the
Independent Storage of Spent Fuel and
High-Level Radioactive Waste.’’ The
environmental assessment provided the
basis for allowing deployment of ISFSIs
under general licenses at nuclear power
reactor sites without the need for
additional site-specific approvals, but it
did not consider subsurface designs.
Because the HI–STORM 100U is an
underground storage system, Holtec,
under the requirements of 10 CFR 51.41,
submitted an environmental report to
NRC on June 2, 2008, as a reference
document for evaluating the potential
environmental impacts of this
subsurface design. Holtec also provided
supplemental information on December
19, 2008, in response to questions
requesting additional information from
the NRC staff.
The environmental impacts of the
proposed action have been reviewed in
accordance with the requirements of 10
CFR Part 51. NRC has determined that
the storage of SNF in an underground
Holtec HI–STORM 100U cask system
array within the controlled area of a
licensed reactor site would not
significantly affect the quality of the
human environment, either
incrementally or cumulatively.
Therefore, an environmental impact
statement is not warranted for the
proposed action, and accordingly, a
finding of no significant impact is
appropriate.
NRC has prepared an environmental
assessment to evaluate the potential
impacts of construction, operation, and
decommissioning of the subsurface
ISFSI arrays under a general license for
the HI–STORM 100U underground
system. 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 Neelam
Bhalla, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6843, e-mail Neelam.Bhalla@nrc.gov.
The environmental assessment
concludes that there would be no
significant radiological or
nonradiological environmental impacts
from routine operation of the ISFSI. The
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ISFSI is a passive facility and no liquid
or gaseous effluents would be released
from the storage casks. The dose rates
from the spent fuel would be limited by
the design of both the storage casks and
the subsurface VVM. The total
occupational dose to workers at any
given reactor site may increase slightly
due to work associated with loading,
transferring, and storing the casks, but
all occupational doses must be
maintained below the limits specified in
10 CFR Part 20 and must be kept as low
as reasonably achievable in accordance
with licensee’s radiation protection
programs. The annual dose to the
nearest residents from general license
ISFSI activities (which, to date, have
utilized aboveground cask systems) has
always been significantly below the
limits specified in 10 CFR 72.104 and 10
CFR 20.1301(a). The shielding provided
by soil is expected to result in a
radiation dose from the Holtec HI–
STORM 100U system to be the same or
lower than the current aboveground
systems.
For the aboveground system, the
amendment would reinstate the decay
heat limits for damaged fuel and fuel
debris in Appendix B, TS 2.4, that had
been inadvertently deleted from
Amendments 5 and 6, and revise
Appendix B, TS 3.4.5, to be consistent
with the required system thermal
boundary conditions as submitted in the
applicant’s SAR for a fire accident
condition. This revision to TS Appendix
B does not add any new requirements
but makes it consistent with the intent
of Holtec’s original (i.e., initial
certificate application or Amendment 0)
submittal and NRC’s original SER.
The amendment will also incorporate
separate TS Appendices A and B for the
aboveground system (Apps. A and B)
and for the HI–STORM 100U system
(Apps. A–100U and B–100U), and revise
and add certain definitions in Appendix
A, TS 1.1, to include the VVM.
As such, Amendment No. 7 does not
make any changes to the previously
approved conditions of the HI–STORM
100 aboveground cask system. The NRC
staff believes that the environmental
assessments and findings of no
significant impact prepared for earlier
HI–STORM 100 system amendments
continue to be valid and will bound the
revisions to the TS.
Paperwork Reduction Act Statement
This direct final 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
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Office of Management and Budget
(OMB), 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 SNF
under a general license in cask designs
approved by the NRC. Any nuclear
power reactor licensee can use NRCapproved cask designs to store SNF 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 (as set
forth in 10 CFR 72.212) are met. A list
of NRC-approved cask designs is
contained in 10 CFR 72.214. On May 1,
2000 (65 FR 25241), the NRC issued an
amendment to Part 72 that approved the
HI–STORM 100 cask design by adding
it to the list of NRC-approved cask
designs in 10 CFR 72.214. On April 27,
2007, and as supplemented on June 5,
June 12, July 14, December 19, 2008,
January 16, January 21, February 6,
April 6, April 22, May 13, and June 23,
2009, the certificate holder, Holtec,
submitted an application to the NRC to
amend CoC No. 1014 to add the HI–
STORM 100U system to the HI–STORM
100 cask systems. The HI–STORM 100U
system allows for the underground
storage of dry SNF by utilizing a VVM
that can accept certain MPCs previously
certified for storage of SNF in the Holtec
aboveground HI–STORM 100 system.
The amendment also incorporates a
mandatory radiation protection
perimeter around the loaded VVMs. In
addition, the application requested
amending CoC No. 1014 to reinstate the
decay heat limits for damaged fuel and
fuel debris in Appendix B, TS 2.4, for
the aboveground system that had been
inadvertently deleted from Amendment
Nos. 5 and 6, and revise Appendix B, TS
3.4.5, to be consistent with the required
system thermal boundary conditions as
submitted in the applicant’s SAR for a
fire accident condition. This revision to
TS Appendix B does not add any new
requirements but makes it consistent
with the intent of Holtec’s original (i.e.,
initial certificate application or
Amendment 0) submittal and NRC’s
original SER.
The amendment will also incorporate
separate TS Appendices A and B for the
aboveground system (Apps A and B)
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and for the HI–STORM 100U system
(Apps. A–100U and B–100U), and revise
and add certain definitions in Appendix
A, TS 1.1, to include the VVM. The
amendment will also incorporate minor
editorial corrections in the TS for the
aboveground system.
The alternative to this action is to
withhold approval of Amendment No. 7
and to require any Part 72 general
licensee, seeking to utilize the Holtec
HI–STORM 100U system, 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
Holtec. 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
E:\FR\FM\13OCR1.SGM
13OCR1
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations
52391
Affairs, Office of Management and
Budget.
§ 72.214 List of approved spent fuel
storage casks.
product. The MCAI describes the unsafe
condition as:
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.
■ 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.
*
Honeywell International, the manufacturer
of the SPZ200 autopilot system installed on
the EADS–CASA C–212 series aircraft, has
identified a series of servo-motors * * *
designed for use in the SPZ200 autopilot
system, whose failure can lead to a potential
unsafe flight condition. * * *
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for Part 72
continues to read as follows:
■
CPrice-Sewell on DSKGBLS3C1PROD with RULES
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).
2. In § 72.214, Certificate of
Compliance 1014 is revised to read as
follows:
■
VerDate Nov<24>2008
14:30 Oct 09, 2009
Jkt 220001
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
June 7, 2005.
Amendment Number 3 Effective Date:
May 29, 2007.
Amendment Number 4 Effective Date:
January 8, 2008.
Amendment Number 5 Effective Date:
July 14, 2008.
Amendment Number 6 Effective Date:
August 17, 2009.
Amendment Number 7 Effective Date:
December 28, 2009.
SAR Submitted by: Holtec
International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI–STORM 100
Systems.
*
*
*
*
*
Dated at Rockville, MD, this 24th day of
September 2009.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9–24561 Filed 10–9–09; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0611; Directorate
Identifier 2008–NM–165–AD; Amendment
39–16033; AD 2009–20–10]
RIN 2120–AA64
Airworthiness Directives;
Construcciones Aeronauticas, S.A.
(CASA), Model C–212–CB, C–212–CC,
C–212–CD, and C–212–CE Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
*
*
*
*
*
The unsafe condition is failure of the
servo-motors, which could result in roll
oscillations or possible hard-over
failures when the autopilot is engaged.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
November 17, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 17, 2009.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM–
116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1112; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on July 16, 2009 (74 FR 34520).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
Honeywell International, the manufacturer
of the SPZ200 autopilot system installed on
the EADS–CASA C–212 series aircraft, has
identified a series of servo-motors, P/N [part
number] 4006719–904 and P/N 4006719–913,
designed for use in the SPZ200 autopilot
system, whose failure can lead to a potential
unsafe flight condition. To address and
correct this situation, Honeywell
International has published Alert Service
Bulletin (ASB) 4006719–22–A0016 (Revised)
dated 1 November 2004, that identifies the
affected servo-motors by serial number,
recommending the removal of these units
from the aircraft and including modification
instructions to be accomplished prior to
reinstallation.
EADS–CASA has determined that the flight
safety of the C–212 aircraft is at risk.
Consequently, Boletin de Servicio (Service
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Rules and Regulations]
[Pages 52387-52391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24561]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 /
Rules and Regulations
[[Page 52387]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AI71
[NRC-2009-0349]
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
7
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International
(Holtec) HI-STORM 100 dry cask storage system listing within the ``List
of Approved Spent Fuel Storage Casks'' to include Amendment No. 7 to
Certificate of Compliance (CoC) Number 1014. Amendment No. 7 will
modify the CoC to add the HI-STORM 100U system to the HI-STORM 100 cask
systems. The HI-STORM 100U system allows for the underground storage of
dry spent nuclear fuel (SNF) by utilizing an underground vertical
ventilated module (VVM) that can accept certain Holtec multipurpose
canisters (MPCs) previously certified for storage of SNF in the
aboveground HI-STORM system. The amendment also incorporates a
mandatory radiation protection perimeter around the loaded VVMs. In
addition, the amendment will reinstate the decay heat limits for
damaged fuel and fuel debris in Appendix B, Technical Specification
(TS) 2.4, for the aboveground system that had been inadvertently
deleted from Amendment Nos. 5 and 6; incorporate separate TS Appendices
A and B for the aboveground system (Apps. A and B) and for the HI-STORM
100U system (Apps. A-100U and B-100U); revise Appendix B, TS 3.4.5, to
be consistent with the required system thermal boundary conditions, as
submitted in the applicant's safety analysis report for a fire accident
condition, and with Holtec's original (i.e., initial certificate
application or Amendment 0) submittal and the NRC's original safety
evaluation report; and revise and add certain definitions in Appendix
A, TS 1.1, to include the VVM. The amendment will also incorporate
minor editorial corrections in the TS for the aboveground system.
DATES: The final rule is effective December 28, 2009, unless
significant adverse comments are received by November 12, 2009. 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 https://www.regulations.gov and
search for documents filed under Docket ID [NRC-2009-0349]. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
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 https://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
pdr.resource@nrc.gov. An electronic copy of the proposed CoC, TS, and
preliminary safety evaluation report (SER) can be found under ADAMS
Package Number ML091680333.
CoC No. 1014, 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 Neelam
Bhalla, Office of Federal and State Materials and Environmental
Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-6843, e-mail Neelam.Bhalla@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Neelam Bhalla, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6843, e-mail Neelam.Bhalla@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended
(NWPA), states 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 SNF 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 May 1, 2000 (65 FR 25241),
[[Page 52388]]
that approved the HI-STORM 100 cask design and added it to the list of
NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1014.
Discussion
By letter dated April 27, 2007, and as supplemented on June 5, June
12, July 14, December 19, 2008, January 16, January 21, February 6,
April 6, April 22, May 13, and June 23, 2009, Holtec submitted an
application to the NRC that requested an amendment to CoC No. 1014. The
amendment proposes to add the HI-STORM 100U system to the list of
approved HI-STORM 100 cask systems. The HI-STORM 100U system allows for
the underground storage of dry spent fuel by utilizing an underground
VVM that can accept certain Holtec MPCs previously certified for
storage in the Holtec aboveground overpacks. The fixed structure of the
vertical storage cavity, identified by Holtec as the ``Cavity Enclosure
Container'' (CEC), is made of a cylindrical container shell integrally
welded to both a bottom plate and an upper container flange. A
continuous weld between the container shell and the bottom plate is
done to ensure that the CEC is completely sealed at its base. The
constituent parts of the CEC are fabricated out of approximately 1-inch
thick low-carbon steel plate and are coated with epoxy paint following
fabrication. For installation in highly corrosive soils, the subsurface
outer shell of the VVM would be encased in concrete for additional
protection against corrosion.
As installed in the subsurface, an individual VVM extends
approximately 5.8 meters (19 feet) below the ground surface and rests
in a recess on a concrete support foundation of requisite thickness
(0.61-0.91 meter) (2 to 3 feet). Engineered backfill surrounds the VVM
for most of its subsurface interface. The VVM is capped by a massive
steel and concrete ventilated closure lid that sits above the ground
surface to about 0.74 meters (approximately 29 inches), and prevents
its horizontal shifting during design basis events. Internally, the CEC
is equipped with a removable insulated divider shell and MPC bearing
pads to help meet cask thermal performance requirements. Air inlets and
outlets allow air to circulate naturally through the cavity to cool the
MPC interior. All ventilation openings in the VVM are covered with
stainless steel wire mesh to preclude the entry of small birds and
mammals.
The subterranean steel structure is seal welded to prevent ingress
of any groundwater from the surrounding subgrade, and is mounted on a
stiff foundation. The surrounding subgrade and a top surface pad
provide significant radiation shielding. A loaded MPC is stored within
the HI-STORM 100U storage VVM in the vertical orientation.
For the HI-STORM 100U underground system, the amendment also
incorporates a mandatory radiation protection perimeter around the
loaded VVMs. In Appendix B-100U, TS 3.4.8 requires that prior to an
excavation activity contiguous to a Radiation Protection Space (RPS), a
seismic evaluation of the Independent Spent Fuel Storage Installation
(ISFSI) in the structurally most vulnerable configuration (i.e.,
maximum amount of earth removed) shall be performed to verify that the
stability of the support foundation, the ISFSI pad, and the shielding
material within the RPS is maintained. It requires that excavation can
only occur at a distance from the RPS greater than 10 times the depth
of the planned excavation. The RPS, as defined in TS 5.7.9 of Appendix
A-100U, is intended to ensure that the substrate material (such as
natural subgrade and engineered fill) remains intact under all service
conditions, including during an excavation activity adjacent to the
RPS.
For the HI-STORM 100U underground system, Appendix B-100U TS
3.4.5.a. requires that the support foundation rest directly on a
bedrock unless the shear wave velocity of the substrate on which the
support foundation rests is greater than or equal to 3500 feet/second.
As explained in the SER, item 3.1.7 entitled, ``Evaluation of the HI-
STORM 100U System Structural Design,'' Holtec must submit an amendment
request to CoC No.1014 if there is any deviation from the requirement
set forth in Appendix B-100U TS 3.4.5.a. This requirement will ensure
that the ISFSI can withstand the design basis seismologic events.
For the HI-STORM 100 aboveground system, the amendment will
reinstate the decay heat limits for damaged fuel and fuel debris in TS
Appendix B, Section 2.4. These requirements had been inadvertently
deleted from Amendment Nos. 5 and 6. Amendment No. 7 does not alter the
decay heat limits that were previously approved in the TS Appendix B.
For the aboveground system, the amendment will revise Appendix B,
TS 3.4.5, to be consistent with the required system thermal boundary
conditions as submitted in the applicant's safety analysis report (SAR)
for a fire accident condition. This revision to TS Appendix B does not
add any new requirements but makes it consistent with the intent of
Holtec's original (i.e., initial certificate application or Amendment
0) submittal and NRC's original SER.
For the aboveground system, the amendment will also revise and add
certain definitions in Appendix A, TS 1.1. For example, ``Vertical
Ventilated Module'' has been added and defined in the list of terms
defined in Appendix A. The revisions and additions to the definitions
in Appendix A make these terms usable in Appendices A, B, A-100U, and
B-100U. Finally, the amendment will also incorporate minor editorial
corrections in Appendices A and B for the aboveground system.
This direct final rule revises the HI-STORM 100 dry storage cask
system listing in 10 CFR 72.214 by adding Amendment No. 7 to CoC No.
1014. The amendment consists of the changes described above, as set
forth in the revised CoC and TS. The amendment provides separate TS
Appendices A and B for the aboveground system, and Appendices A-100U
and B-100U for the underground system. As documented in the SER for
Amendment No. 7, the NRC staff performed a detailed safety evaluation
of the proposed CoC amendment request 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 and the environment will be adequately protected.
The amended HI-STORM 100 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, entities holding a general license under 10 CFR
72.210 may load SNF into HI-STORM 100 casks that meet the criteria of
Amendment No. 7 to CoC No. 1014 under 10 CFR 72.212.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1014 is revised by adding the effective date of
Amendment No. 7. This amendment also corrects the CoC expiration date
of June 1, 2020, to May 31, 2020. The CoC No. 1014, Amendment 0 (65 FR
25241; May 1, 2000), incorrectly stated an expiration date of June 1,
2020, instead of May 31, 2020.
Procedural Background
This rule is limited to the changes contained in Amendment No. 7 to
CoC No. 1014 and does not include other
[[Page 52389]]
aspects of the HI-STORM 100 dry storage cask 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 December 28, 2009. However, if the NRC receives any
significant adverse comments on this direct final rule by November 12,
2009, then the NRC will publish a document that withdraws this action
and will subsequently address any comment 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 HI-STORM 100 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. This
rule will amend the CoC for the HI-STORM 100 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 modify the CoC 1014 to add the HI-STORM 100U
system to the HI-STORM 100 cask systems. The HI-STORM 100U system
allows for the underground storage of dry SNF. The amendment also
incorporates a mandatory radiation protection perimeter around the
loaded VVMs. The environmental impact of interim storage of SNF at an
ISFSI has been evaluated in NUREG-1092, ``Environmental Assessment for
10 CFR 72 Licensing Requirements for the Independent Storage of Spent
Fuel and High-Level Radioactive Waste.'' The environmental assessment
provided the basis for allowing deployment of ISFSIs under general
licenses at nuclear power reactor sites without the need for additional
site-specific approvals, but it did not consider subsurface designs.
Because the HI-STORM 100U is an underground storage system, Holtec,
under the requirements of 10 CFR 51.41, submitted an environmental
report to NRC on June 2, 2008, as a reference document for evaluating
the potential environmental impacts of this subsurface design. Holtec
also provided supplemental information on December 19, 2008, in
response to questions requesting additional information from the NRC
staff.
The environmental impacts of the proposed action have been reviewed
in accordance with the requirements of 10 CFR Part 51. NRC has
determined that the storage of SNF in an underground Holtec HI-STORM
100U cask system array within the controlled area of a licensed reactor
site would not significantly affect the quality of the human
environment, either incrementally or cumulatively. Therefore, an
environmental impact statement is not warranted for the proposed
action, and accordingly, a finding of no significant impact is
appropriate.
NRC has prepared an environmental assessment to evaluate the
potential impacts of construction, operation, and decommissioning of
the subsurface ISFSI arrays under a general license for the HI-STORM
100U underground system. 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 Neelam Bhalla, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6843, e-mail Neelam.Bhalla@nrc.gov.
The environmental assessment concludes that there would be no
significant radiological or nonradiological environmental impacts from
routine operation of the ISFSI. The
[[Page 52390]]
ISFSI is a passive facility and no liquid or gaseous effluents would be
released from the storage casks. The dose rates from the spent fuel
would be limited by the design of both the storage casks and the
subsurface VVM. The total occupational dose to workers at any given
reactor site may increase slightly due to work associated with loading,
transferring, and storing the casks, but all occupational doses must be
maintained below the limits specified in 10 CFR Part 20 and must be
kept as low as reasonably achievable in accordance with licensee's
radiation protection programs. The annual dose to the nearest residents
from general license ISFSI activities (which, to date, have utilized
aboveground cask systems) has always been significantly below the
limits specified in 10 CFR 72.104 and 10 CFR 20.1301(a). The shielding
provided by soil is expected to result in a radiation dose from the
Holtec HI-STORM 100U system to be the same or lower than the current
aboveground systems.
For the aboveground system, the amendment would reinstate the decay
heat limits for damaged fuel and fuel debris in Appendix B, TS 2.4,
that had been inadvertently deleted from Amendments 5 and 6, and revise
Appendix B, TS 3.4.5, to be consistent with the required system thermal
boundary conditions as submitted in the applicant's SAR for a fire
accident condition. This revision to TS Appendix B does not add any new
requirements but makes it consistent with the intent of Holtec's
original (i.e., initial certificate application or Amendment 0)
submittal and NRC's original SER.
The amendment will also incorporate separate TS Appendices A and B
for the aboveground system (Apps. A and B) and for the HI-STORM 100U
system (Apps. A-100U and B-100U), and revise and add certain
definitions in Appendix A, TS 1.1, to include the VVM.
As such, Amendment No. 7 does not make any changes to the
previously approved conditions of the HI-STORM 100 aboveground cask
system. The NRC staff believes that the environmental assessments and
findings of no significant impact prepared for earlier HI-STORM 100
system amendments continue to be valid and will bound the revisions to
the TS.
Paperwork Reduction Act Statement
This direct final 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 (OMB), 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 SNF under a general license
in cask designs approved by the NRC. Any nuclear power reactor licensee
can use NRC-approved cask designs to store SNF 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 (as set forth
in 10 CFR 72.212) are met. A list of NRC-approved cask designs is
contained in 10 CFR 72.214. On May 1, 2000 (65 FR 25241), the NRC
issued an amendment to Part 72 that approved the HI-STORM 100 cask
design by adding it to the list of NRC-approved cask designs in 10 CFR
72.214. On April 27, 2007, and as supplemented on June 5, June 12, July
14, December 19, 2008, January 16, January 21, February 6, April 6,
April 22, May 13, and June 23, 2009, the certificate holder, Holtec,
submitted an application to the NRC to amend CoC No. 1014 to add the
HI-STORM 100U system to the HI-STORM 100 cask systems. The HI-STORM
100U system allows for the underground storage of dry SNF by utilizing
a VVM that can accept certain MPCs previously certified for storage of
SNF in the Holtec aboveground HI-STORM 100 system. The amendment also
incorporates a mandatory radiation protection perimeter around the
loaded VVMs. In addition, the application requested amending CoC No.
1014 to reinstate the decay heat limits for damaged fuel and fuel
debris in Appendix B, TS 2.4, for the aboveground system that had been
inadvertently deleted from Amendment Nos. 5 and 6, and revise Appendix
B, TS 3.4.5, to be consistent with the required system thermal boundary
conditions as submitted in the applicant's SAR for a fire accident
condition. This revision to TS Appendix B does not add any new
requirements but makes it consistent with the intent of Holtec's
original (i.e., initial certificate application or Amendment 0)
submittal and NRC's original SER.
The amendment will also incorporate separate TS Appendices A and B
for the aboveground system (Apps A and B) and for the HI-STORM 100U
system (Apps. A-100U and B-100U), and revise and add certain
definitions in Appendix A, TS 1.1, to include the VVM. The amendment
will also incorporate minor editorial corrections in the TS for the
aboveground system.
The alternative to this action is to withhold approval of Amendment
No. 7 and to require any Part 72 general licensee, seeking to utilize
the Holtec HI-STORM 100U system, 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 Holtec. 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
[[Page 52391]]
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 1014 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100 Systems.
* * * * *
Dated at Rockville, MD, this 24th day of September 2009.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-24561 Filed 10-9-09; 8:45 am]
BILLING CODE 7590-01-P
