List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Underground Maximum Capacity Canister Storage System, Certificate of Compliance No. 1040, 12073-12078 [2015-05238]
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Rules and Regulations
Federal Register
Vol. 80, No. 44
Friday, March 6, 2015
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
[NRC–2014–0120]
RIN 3150–AJ42
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
Underground Maximum Capacity
Canister Storage System, Certificate of
Compliance No. 1040
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by adding
the Holtec International HI–STORM
Underground Maximum Capacity
(UMAX) Canister Storage System,
Certificate of Compliance (CoC) No.
1040, to the ‘‘List of approved spent fuel
storage casks.’’ Holtec International’s
intent with this design is to provide an
underground storage option compatible
with the Holtec International HI–
STORM FLOOD/WIND (FW) System
(CoC No. 1032).
DATES: This final rule is effective on
April 6, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2014–0120 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly-available information
related to this action by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0120. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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SUMMARY:
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• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O–1F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–6445, email: Gregory.Trussell@
nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion of Changes
III. Public Comment Analysis
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Environmental Assessment and Finding
of No Significant Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the Department of Energy] 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
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the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[the
Commission] shall, by rule, establish
procedures for the licensing of any
technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule in part 72 of Title
10 of the Code of Federal Regulations
(10 CFR), 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 published a direct final rule
on this amendment in the Federal
Register on September 9, 2014 (79 FR
53281). The NRC also concurrently
published an identical proposed rule on
September 9, 2014 (79 FR 53352). The
NRC received at least one comment that
is treated as a significant adverse
comment on the proposed rule;
therefore, the NRC withdrew the direct
final rule on November 19, 2014 (79 FR
68763), and is proceeding, in this
document, to address the comments on
the proposed rule (see Section III, Public
Comment Analysis, of this document).
II. Discussion of Changes
By letter dated June 29, 2012, and as
supplemented on July 16 and November
20, 2012; January 30, April 2, April 19,
June 21, August 28, December 6, and
December 31, 2013; and January 13, and
January 28, 2014, Holtec International
submitted an application to add the HI–
STORM UMAX Canister Storage System
to the list of approved spent fuel storage
casks in 10 CFR part 72. The HI–
STORM UMAX Canister Storage System
is a spent fuel storage system designed
to be in full compliance with the
requirements of 10 CFR part 72. Holtec
International’s intent with this design is
to provide an underground storage
option compatible with the Holtec
International HI–STORM FW System as
described in the Final Safety Analysis
Report (FSAR) for the HI–STORM FW
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System. The underground structure
system is described in the FSAR for the
HI–STORM UMAX Canister Storage
System. The HI–STORM UMAX
Canister Storage System stores a
hermetically sealed canister containing
spent nuclear fuel (SNF) in an in-ground
vertical ventilated module (VVM). The
HI–STORM UMAX Canister Storage
System is designed to provide long-term
underground storage of loaded multipurpose canisters (MPC) previously
certified for storage in CoC No. 1032.
The HI–STORM UMAX VVM is the
underground equivalent of the HI–
STORM FW storage module. Although
the storage cavity dimensions and the
air ventilation system in the HI–STORM
UMAX VVM have been selected to
enable it to also store all MPCs certified
for storage in the HI–STORM 100
storage module, CoC No. 1040 does not
approve the storage of all MPCs certified
for storage in the HI–STORM 100
storage module in the HI–STORM
UMAX VVM at this time. The HI–
STORM UMAX Canister Storage System
can store either Pressurized Water
Reactor or Boiling Water Reactor fuel
assemblies in the MPC–37 or MPC–89
models, respectively. The number
associated with the MPC is the
maximum number of fuel assemblies the
MPC can contain in the fuel basket. The
external diameters of the MPC–37 and
MPC–89 are identical to allow the use
of a single storage module design,
however the height of the MPC, as well
as the storage module and transfer cask,
are variable based on the SNF to be
loaded.
As documented in the safety
evaluation report (SER), the NRC staff
performed a detailed safety evaluation
of the proposed CoC request submitted
by Holtec International.
The HI–STORM UMAX Canister
Storage System, when used under the
conditions specified in the CoC, the
Technical Specifications (TSs), and the
NRC’s regulations, will meet the
requirements of 10 CFR part 72;
therefore, adequate protection of public
health and safety will continue to be
ensured. When this final rule becomes
effective, persons who hold a general
license under 10 CFR 72.210 may load
spent nuclear fuel into HI–STORM
UMAX Canister Storage Systems that
meet the criteria of CoC No. 1040 under
10 CFR 72.212.
proposed rule as a result of the public
comments the NRC has received.
Summary of Comments
The NRC received almost a dozen
comments on the proposed rule, many
raising multiple and overlapping issues.
Because the NRC received at least one
comment that it is treating as a
significant adverse comment on the
proposed rule (raising issues the NRC
deemed serious enough to warrant a
substantive response to clarify the
record), the NRC withdrew the direct
final rule and is responding to the
comments here. Other comments were
not treated as significant adverse
comments because, in most instances,
they were beyond the scope of this
rulemaking. Nonetheless, in addition to
responding to the issues raised in the
comments treated as significant adverse
comments, the NRC is also taking this
opportunity to respond to some of the
issues raised in the comments that are
beyond this scope of this rulemaking in
order to clarify information about the
CoC rulemaking process related to the
comments received.
III. Public Comment Analysis
Aging Management Programs
Many of the comments the NRC
received questioned the fact that aging
management programs (AMPs) were not
being established for this CoC system.
Commenters noted that the NRC has not
yet issued the revision to NUREG–1927
(‘‘Standard Review Plan for Renewal of
Spent Fuel Dry Cask Storage System
Licenses and Certificates of
Compliance’’), which is currently being
updated to include information
regarding AMPs, among other things.
The comments stated that the approval
of this CoC system, ‘‘should be put on
hold until after the revised NUREG–
1927 is final and any appropriate aging
management issues are addressed in this
CoC.’’
The comments questioned some
specific example AMPs discussed at
public meetings, including questions
regarding an example AMP for ChlorideInduced Stress Corrosion Cracking Tests
(seismic concerns and sampling size), as
well as the absence of an AMP given
issues with damaged fuels and the
‘‘unknowns of extended storage with
high burnup fuel.’’ In sum, these
commenters felt that approval of CoCs,
such as this one, should await the
formulation and approval of aging
management programs.
The NRC received multiple comments
from private citizens on the companion
proposed rule to the direct final rule
published on September 9, 2014. The
NRC has not made any changes to the
Response
These comments are outside the scope
of this rulemaking which is limited to
amending the spent fuel storage
regulations by adding the UMAX
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Canister Storage System, CoC No. 1040,
to the ‘‘List of approved spent fuel
storage casks’’ in 10 CFR 72.214. This
rulemaking is not making any changes
to the regulations governing the
standards for approval of a CoC.
The CoC for the HI–STORM UMAX is
being issued for 20 years in accordance
with 10 CFR part 72. According to the
NRC staff’s SER published in the
Federal Register under Docket ID NRC–
2014–0120, the staff has determined that
the use of the HI–STORM UMAX
Canister Storage System will be
conducted in compliance with the
applicable regulations of 10 CFR part
72, and the CoC should be approved for
the initial 20-year term. There are
currently no technical or regulatory
requirements for the inclusion of AMPs
for the initial 20-year CoC term. AMPs
are required for spent fuel storage cask
renewal which allows storage beyond 20
years, as provided in 10 CFR 72.240.
The current regulatory requirements
provide the necessary defense in depth
for safe storage of spent nuclear fuel for
at least 20 years.
Based on the regulations in 10 CFR
part 72, an AMP will be required to be
included in any renewal application for
the HI–STORM UMAX Canister Storage
System, for a duration beyond the initial
20-year term. The renewal application,
if filed, will be required to comply with
the applicable regulations, and consider
applicable NRC aging management
guidance available at the time of
submittal. While NUREG–1927 may
prove useful to applicants seeking to
renew a CoC, because it does not
provide guidance regarding applications
seeking initial approval of certificates,
there is no reason to await the guidance
before proceeding with the addition of
this system to the 10 CFR part 72
regulations.
Inspection Access
Several comments also questioned the
ability of the underground storage
system to be adequately inspected and
potentially repaired if necessary during
the initial certification period of 20
years, especially if the system was being
used in a coastal environment where
stress corrosion cracking could be an
issue.
Response
The NRC is treating this comment as
a significant adverse comment
warranting clarification of the record.
The NRC has evaluated the design of the
HI–STORM UMAX Canister Storage
System and has determined that the
design is robust, and contains numbers
of layers of acceptable confinement
systems in compliance with 10 CFR part
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72 requirements. In addition, the staff is
not aware of empirical evidence that
supports a finding that surveillance
would be required in the initial
certification period of the proposed
CoC. This evaluation is documented in
the NRC staff’s SER under Docket ID
NRC–2014–0120.
Furthermore, the NRC has evaluated
the susceptibility to and effects of stress
corrosion cracking and other corrosion
mechanisms on safety significant
systems for SNF dry cask storage (DCS)
systems during an initial certification
period. The staff has determined that
the HI–STORM UMAX Canister Storage
System, when used within the
requirements of the proposed CoC, will
safely store SNF and prevent radiation
releases and exposure consistent with
regulatory requirements.
Seismic Protection
Several comments also raised
concerns regarding the ability of this
CoC system to withstand seismic events,
particularly if the system were to be
used at specific sites with known
seismic activity, such as San Onofre
Nuclear Generating Station (SONGS).
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Response
The NRC is treating this comment as
a significant adverse comment
warranting clarification of the record.
This rulemaking would add a CoC
system to the list of approved spent fuel
storage casks in 10 CFR 72.214. The
certification provided by this approval
does not, in and of itself, authorize use
of this system at any specific site.
Instead, general licensees (a power
reactor that stores spent fuel under a
general Part 72 license) that wish to use
this system must first ensure that other
applicable requirements are met. (See 10
CFR 72.212).
The seismic design levels of the HI–
STORM UMAX Canister Storage System
as provided in this CoC are acceptable
for most areas in the continental U.S.
For locations that have potential seismic
activity beyond those analyzed for this
system, additional evaluations and
certifications may be required before the
system may be used in those locations.
The NRC is currently evaluating an
amendment request to the HI–STORM
UMAX Canister Storage System that
provides additional analysis intended to
ensure the system’s integrity during an
earthquake with higher seismic
demands, including the seismic
demands at the location of SONGS. If
the NRC approves that amendment
request, the amended system could be
selected for use at SONGS, provided
regulatory requirements are met.
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Bankruptcy
High Burnup Fuel
A comment also raised questions
about the implications of the potential
bankruptcy of corporations that seek
CoC approvals.
Several comments also raised
questions regarding the long-term
acceptability of the extended storage of
high burnup fuel (HBF).
Response
Response
This comment is outside the scope of
this rulemaking. This rulemaking would
add a certified system to the list of spent
fuel systems in 10 CFR 72.214 and does
not seek to alter the standards for
approval of a CoC system. In any event,
NRC regulations in 10 CFR part 72
address the financial viability of
licensees to ensure spent fuel
management and decommissioning are
funded. Pursuant to NRC requirements,
once a general licensee accepts delivery
of a storage system authorized by a CoC,
the financial responsibility for
maintaining and decommissioning the
system become the responsibility of the
general licensee (see 10 CFR 72.30(b),
(c), (d), (e), and (f)).
Most of the comments raising HBF as
an issue did so in the context of the
need for AMPs for approval of the CoC
for the first 20 years, and that is beyond
the scope of this rulemaking, as
explained above.
To the extent commenters raised
issues about the storage of HBF in the
CoC for the first 20 years, the NRC is
treating this portion of the comment as
a significant adverse comment
warranting clarification of the record.
The NRC has evaluated the acceptability
of storage of HBF for the initial 20-year
certification term for the HI–STORM
UMAX Canister Storage System. As
documented in the NRC staff’s SER
under Docket ID NRC–2014–0120, the
staff has determined that the use of the
HI–STORM UMAX Canister Storage
System, including storage of HBF, will
be conducted in compliance with the
applicable regulations of 10 CFR part
72, and the CoC should be approved for
the initial 20-year term.
Storage beyond the initial term of 20
years will require the applicant to
submit a license renewal application
with the inclusion of AMPs addressing
HBF. In that regard, a demonstration
project is being planned by the U.S.
Department of Energy to provide
confirmatory data on the performance of
HBF in DCS. The NRC plans to evaluate
the data obtained from the project to
confirm the accuracy of current models
that are relied upon for authorizing the
storage of HBF for extended storage
periods beyond the initial 20-year
certification term.
Flood Protection
One comment stated that the design
basis of the Watts Bar 2 reactor (not yet
licensed for operation) intends that safe
shut down could occur if there were a
flood event that delivered 131⁄2 feet of
water at the reactor buildings. This
comment raised the concern that the
cask waste storage in an adjacent area
would have equal or greater flooding.
Response
This rulemaking is limited to the
approval of a CoC system to be added
to the list of spent fuel storage casks in
10 CFR 72.214. This rulemaking does
not propose any change to the standards
for approval of a CoC, or the
requirements that govern the use of this
CoC by a general licensee. Therefore,
this comment is outside the scope of
this rulemaking.
The NRC’s regulations at 10 CFR
72.212, ‘‘Conditions of a general license
issued under 10 CFR 72.210,’’ require
that a general licensee (a power reactor
that stores spent fuel under a general
part 72 license) perform written
evaluations to ensure that the DCS
systems used at the location meet the
technical requirements of the CoC. The
NRC inspects these evaluations prior to
the first use of the DCS system and
every three years after first use to ensure
compliance with the terms of the CoC.
If the CoC does not allow for water
intrusion, then the general licensee is
required to provide engineered
measures to ensure that this condition
does not occur.
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Duration of Certificate
Some comments also raised issues
with the limited duration of this initial
CoC for a term of only 20 years and
stated that the systems should have to
demonstrate safe storage of nuclear fuel
for a much longer storage period.
Response
The issues of long-term storage and
disposal of SNF are outside the scope of
this CoC rulemaking. This rule is
limited to the addition of this storage
system to the list of approved designs in
10 CFR 72.214. The regulations
governing the length of the CoC term are
not within the changes proposed by this
rule.
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Inspector General’s Report
One comment highlighted issues
addressed in the 2014 NRC Inspector
General’s report of the SONGS steam
generator replacement, entitled, ‘‘NRC
Oversight of Licensee’s Use of 10 CFR
50.59 Process to Replace SONG’S Steam
Generators (Case No. 13–006).’’
Response
The issues raised by the NRC’s IG
report of the SONGS steam generator
replacement are outside the scope of
this rulemaking. This report is
applicable only to that proposed steam
generator replacement effort, and does
not apply to nor is it related to this
specific CoC rulemaking. Approval of
this CoC is based upon a safety and
environmental review of this specific
CoC design as submitted by the vendor.
If power reactor licensees wish to use
this system at their specific sites, they
must first ensure other applicable
regulatory requirements are met (see 10
CFR 72.212).
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IV. 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 final rule, the NRC
will add the Holtec International HI–
STORM UMAX Canister Storage System
design to the listing in 10 CFR 72.214.
This action does not constitute the
establishment of a standard that
contains generally applicable
requirements.
V. 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
final 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, or the provisions of
10 CFR. Although an Agreement State
may not adopt program elements
reserved to the 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.
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VI. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274), requires Federal agencies
to write documents in a clear, concise,
and well-organized manner. The NRC
has written this document to be
consistent with the Plain Writing Act as
well as the Presidential Memorandum
‘‘Plain Language in Government
Writing,’’ published June 10, 1998 (63
FR 31883).
VII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214
to add the Holtec International HI–
STORM UMAX Canister Storage System
to the listing within the ‘‘List of
approved spent fuel storage casks’’ as
CoC No. 1040. Under the National
Environmental Policy Act of 1969, as
amended, and the NRC’s regulations in
subpart A of 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ 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 made a finding
of no significant impact on the basis of
this environmental assessment.
B. The Need for the Action
This final rule adds CoC No. 1040 for
the Holtec International HI–STORM
UMAX Canister Storage System 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.
Specifically, Holtec International’s
intent with this design is to provide an
underground storage option compatible
with the Holtec International HI–
STORM FW System.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this CoC
addition tiers off of the environmental
assessment for the July 18, 1990, final
rule. Tiering on past environmental
assessments is a standard process under
the National Environmental Policy Act.
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Holtec International HI–STORM
UMAX Canister Storage Systems are
designed to mitigate the effects of design
basis accidents that could occur during
storage. Design basis accidents account
for human-induced events and the most
severe natural phenomena reported for
the site and surrounding area.
Postulated accidents analyzed for an
ISFSI, the type of facility at which a
holder of a power reactor operating
license would store spent fuel in casks
in accordance with 10 CFR part 72,
include tornado winds and tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
Considering the specific design
requirements for each accident
condition, the design of the HI–STORM
UMAX Canister Storage System would
prevent loss of containment, shielding,
and criticality control. If there is no loss
of containment, shielding, or criticality
control, the environmental impacts
would be insignificant. In addition, any
resulting occupational exposure or
offsite dose rates from the use of the HI–
STORM UMAX Canister Storage System
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
addition of CoC No. 1040 will not result
in radiological or non-radiological
environmental impacts that significantly
differ from the environmental impacts
evaluated in the environmental
assessment supporting the July 18, 1990,
final rule. There will be no significant
change in the types or significant
revisions in the amounts of effluent
released, no significant increase in the
individual or cumulative radiation
exposure, and no significant increase in
the potential for or consequences from
radiological accidents. The staff
documented its safety findings for this
review in the SER.
D. Alternative to the Action
The alternative to this action is to
withhold approval of this new design
and issue a site-specific license to each
utility that proposes to use the casks.
This alternative would cost both the
NRC and utilities more time and money
for each site-specific license.
Conducting site-specific reviews would
ignore the procedures and criteria
currently in place for the addition of
new cask designs that can be used under
a general license, and would be in
conflict with NWPA direction to the
Commission to approve technologies for
the use of spent fuel storage at the sites
of civilian nuclear power reactors
without, to the maximum extent
practicable, the need for additional site
reviews. This alternative also would
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tend to exclude new vendors from the
business market without cause and
would arbitrarily limit the choice of
cask designs available to power reactor
licensees. This final rule will eliminate
the above problems and is consistent
with previous Commission actions.
Further, the rule will have no adverse
effect on public health and safety.
Therefore, the environmental impacts
would be the same or less than the
action.
E. Alternative Use of Resources
Approval of the addition of CoC No.
1040 would result in no irreversible
commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in 10 CFR part 51. Based
on the foregoing environmental
assessment, the NRC concludes that this
final rule entitled, ‘‘List of Approved
Spent Fuel Storage Casks: Holtec
International HI–STORM UMAX
Canister Storage System, Certificate of
Compliance No. 1040,’’ will not have a
significant effect on the human
environment. Therefore, the NRC has
determined that an environmental
impact statement is not necessary for
this final rule.
VIII. Paperwork Reduction Act
Statement
This rule does not contain any
information collection requirements
and, therefore, is not subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 current valid OMB control
number.
rmajette on DSK2TPTVN1PROD with RULES
IX. 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.
By letter dated June 29, 2012, and as
supplemented on July 16 and November
20, 2012; January 30, April 2, April 19,
June 21, August 28, December 6, and
December 31, 2013; and January 13, and
January 28, 2014, Holtec International
submitted an application to add the HISTORM UMAX Canister Storage
System.
The alternative to this action is to
withhold approval of this new design
and issue a site-specific license to each
utility that proposes to use the casks.
This alternative would cost both the
NRC and utilities more time and money
for each site-specific license.
Conducting site-specific reviews would
ignore the procedures and criteria
currently in place for the addition of
new cask designs that can be used under
a general license, and would be in
conflict with NWPA direction to the
Commission to approve technologies for
the use of spent fuel storage at the sites
of civilian nuclear power reactors
without, to the maximum extent
practicable, the need for additional site
reviews. This alternative also would
tend to exclude new vendors from the
business market without cause and
would arbitrarily limit the choice of
cask designs available to power reactor
licensees. This final rule will eliminate
the above problems and is consistent
with previous Commission actions.
Further, the rule will have no adverse
effect on public health and safety.
Approval of this final rule is
consistent with previous NRC actions.
Further, as documented in the SER and
the environmental assessment, the final
rule will have no adverse effect on
public health and safety or the
environment. This 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
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
therefore, this action is recommended.
X. 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 final rule affects only nuclear
power plant licensees and Holtec
International. 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).
XI. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (10 CFR 72.62) does not
apply to this final rule. Therefore, a
backfit analysis is not required. This
final rule adds CoC No. 1040 for the
Holtec International HI–STORM UMAX
Canister Storage System to the ‘‘List of
approved spent fuel storage casks.’’
The addition of CoC No. 1040 for the
Holtec International HI–STORM UMAX
Canister Storage System was initiated by
Holtec International and was not
submitted in response to new NRC
requirements, or in response to an NRC
request. The addition of CoC No. 1040
does not constitute backfitting under 10
CFR 72.62, 10 CFR 50.109(a)(1), or
otherwise represent an inconsistency
with the issue finality provisions
applicable to combined licenses in 10
CFR part 52. Accordingly, no backfit
analysis or additional documentation
addressing the issue finality criteria in
10 CFR part 52 has been prepared by the
staff.
XII. Congressional Review Act
In accordance with the Congressional
Review Act of 1996 (5 U.S.C. 801–808),
the NRC has determined that this action
is not a rule as defined in the
Congressional Review Act.
XIII. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS Accession
No.
Document
CoC No. 1040 ............................................................................................................................................................................
Safety Evaluation Report ...........................................................................................................................................................
Technical Specifications, Appendix A .......................................................................................................................................
Technical Specifications, Appendix B .......................................................................................................................................
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Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Rules and Regulations
ADAMS Accession
No.
Document
Application .................................................................................................................................................................................
Application supplemental July 16, 2012 ....................................................................................................................................
Application supplemental November 20, 2012 ..........................................................................................................................
Application supplemental January 30, 2013 .............................................................................................................................
Application supplemental April 2, 2013 .....................................................................................................................................
Application supplemental April 19, 2013 ...................................................................................................................................
Application supplemental June 21, 2013 ..................................................................................................................................
Application supplemental August 28, 2013 ...............................................................................................................................
Application supplemental December 6, 2013 ............................................................................................................................
Application supplemental December 31, 2013 ..........................................................................................................................
Application supplemental January 13, 2014 .............................................................................................................................
Application supplemental January 28, 2014 .............................................................................................................................
HI–STORM FW System FSAR ..................................................................................................................................................
HI–STORM UMAX Canister Storage System FSAR ................................................................................................................
The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
Web site at https://www.regulations.gov
under Docket ID NRC–2014–0120. The
Federal rulemaking Web site allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2014–0120); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
frequently you would like to receive
emails (daily, weekly, or monthly).
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Criminal penalties,
Manpower training programs, Nuclear
materials, Occupational safety and
health, Penalties, 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; 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
1. The authority citation for part 72
continues to read as follows:
rmajette on DSK2TPTVN1PROD with RULES
■
Authority: Atomic Energy Act secs. 51, 53,
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
2077, 2092, 2093, 2095, 2099, 2111, 2201,
2232, 2233, 2234, 2236, 2237, 2239, 2273,
2282, 2021); Energy Reorganization Act secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); National Environmental Policy
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141,
VerDate Sep<11>2014
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148 (42 U.S.C. 10151, 10152, 10153, 10155,
10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704, (44
U.S.C. 3504 note); Energy Policy Act of 2005,
Pub. L. 109–58, 119 Stat. 788 (2005).
Section 72.44(g) also issued under Nuclear
Waste Policy Act secs. 142(b) and 148(c), (d)
(42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic
Energy Act sec. 189 (42 U.S.C. 2239); Nuclear
Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear
Waste Policy Act sec. 145(g) (42 U.S.C.
10165(g)).
Subpart J also issued under Nuclear Waste
Policy Act secs. 117(a), 141(h) (42 U.S.C.
10137(a), 10161(h)).
Subpart K also issued under Nuclear Waste
Policy Act sec. 218(a) (42 U.S.C. 10198).
2. Section 72.214 is amended by
adding Certificate of Compliance 1040
to read as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1040.
Initial Certificate Effective Date: April
6, 2015.
SAR Submitted by: Holtec
International, Inc.
SAR Title: Final Safety Analysis
Report for the Holtec International HI–
STORM UMAX Canister Storage
System.
Docket Number: 72–1040.
Certificate Expiration Date: March 6,
2035.
Model Number: MPC–37, MPC–89.
Dated at Rockville, Maryland, this 24th day
of February 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015–05238 Filed 3–5–15; 8:45 am]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE–2008–BT–STD–
0015]
RIN 1904–AB86
Energy Conservation Program: Energy
Conservation Standards for Walk-In
Coolers and Freezers; Correction
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; correction.
AGENCY:
On June 3, 2014, the U.S.
Department of Energy (DOE) issued a
final rule adopting conservation
standards for some classes of walk-in
cooler and walk-in freezer components.
The final rule was published with
typographical errors to some of the
reported values. DOE is providing
corrections to address these errors.
Neither the errors nor the corrections in
this document affect the substance of
the rulemaking or any of the
conclusions reached in support of the
final rule.
DATES: This correction is effective
March 6, 2015.
FOR FURTHER INFORMATION CONTACT:
Mr. John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1692. Email:
walk-in_coolers_and_walk-in_freezers@
EE.Doe.Gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The
Department of Energy (‘‘DOE’’) is
SUMMARY:
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[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Rules and Regulations]
[Pages 12073-12078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05238]
========================================================================
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. 80, No. 44 / Friday, March 6, 2015 / Rules
and Regulations
[[Page 12073]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0120]
RIN 3150-AJ42
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM Underground Maximum Capacity Canister Storage System,
Certificate of Compliance No. 1040
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by adding the Holtec International HI-
STORM Underground Maximum Capacity (UMAX) Canister Storage System,
Certificate of Compliance (CoC) No. 1040, to the ``List of approved
spent fuel storage casks.'' Holtec International's intent with this
design is to provide an underground storage option compatible with the
Holtec International HI-STORM FLOOD/WIND (FW) System (CoC No. 1032).
DATES: This final rule is effective on April 6, 2015.
ADDRESSES: Please refer to Docket ID NRC-2014-0120 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0120. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in the ``Availability of
Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-6445, email:
Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion of Changes
III. Public Comment Analysis
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the Department of Energy]
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 ``[the Commission] shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 219(a) [sic: 218(a)] for use at the site of
any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule in part 72 of Title 10 of the Code of Federal
Regulations (10 CFR), 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 published a direct final rule on this amendment in the
Federal Register on September 9, 2014 (79 FR 53281). The NRC also
concurrently published an identical proposed rule on September 9, 2014
(79 FR 53352). The NRC received at least one comment that is treated as
a significant adverse comment on the proposed rule; therefore, the NRC
withdrew the direct final rule on November 19, 2014 (79 FR 68763), and
is proceeding, in this document, to address the comments on the
proposed rule (see Section III, Public Comment Analysis, of this
document).
II. Discussion of Changes
By letter dated June 29, 2012, and as supplemented on July 16 and
November 20, 2012; January 30, April 2, April 19, June 21, August 28,
December 6, and December 31, 2013; and January 13, and January 28,
2014, Holtec International submitted an application to add the HI-STORM
UMAX Canister Storage System to the list of approved spent fuel storage
casks in 10 CFR part 72. The HI-STORM UMAX Canister Storage System is a
spent fuel storage system designed to be in full compliance with the
requirements of 10 CFR part 72. Holtec International's intent with this
design is to provide an underground storage option compatible with the
Holtec International HI-STORM FW System as described in the Final
Safety Analysis Report (FSAR) for the HI-STORM FW
[[Page 12074]]
System. The underground structure system is described in the FSAR for
the HI-STORM UMAX Canister Storage System. The HI-STORM UMAX Canister
Storage System stores a hermetically sealed canister containing spent
nuclear fuel (SNF) in an in-ground vertical ventilated module (VVM).
The HI-STORM UMAX Canister Storage System is designed to provide long-
term underground storage of loaded multi-purpose canisters (MPC)
previously certified for storage in CoC No. 1032. The HI-STORM UMAX VVM
is the underground equivalent of the HI-STORM FW storage module.
Although the storage cavity dimensions and the air ventilation system
in the HI-STORM UMAX VVM have been selected to enable it to also store
all MPCs certified for storage in the HI-STORM 100 storage module, CoC
No. 1040 does not approve the storage of all MPCs certified for storage
in the HI-STORM 100 storage module in the HI-STORM UMAX VVM at this
time. The HI-STORM UMAX Canister Storage System can store either
Pressurized Water Reactor or Boiling Water Reactor fuel assemblies in
the MPC-37 or MPC-89 models, respectively. The number associated with
the MPC is the maximum number of fuel assemblies the MPC can contain in
the fuel basket. The external diameters of the MPC-37 and MPC-89 are
identical to allow the use of a single storage module design, however
the height of the MPC, as well as the storage module and transfer cask,
are variable based on the SNF to be loaded.
As documented in the safety evaluation report (SER), the NRC staff
performed a detailed safety evaluation of the proposed CoC request
submitted by Holtec International.
The HI-STORM UMAX Canister Storage System, when used under the
conditions specified in the CoC, the Technical Specifications (TSs),
and the NRC's regulations, will meet the requirements of 10 CFR part
72; therefore, adequate protection of public health and safety will
continue to be ensured. When this final rule becomes effective, persons
who hold a general license under 10 CFR 72.210 may load spent nuclear
fuel into HI-STORM UMAX Canister Storage Systems that meet the criteria
of CoC No. 1040 under 10 CFR 72.212.
III. Public Comment Analysis
The NRC received multiple comments from private citizens on the
companion proposed rule to the direct final rule published on September
9, 2014. The NRC has not made any changes to the proposed rule as a
result of the public comments the NRC has received.
Summary of Comments
The NRC received almost a dozen comments on the proposed rule, many
raising multiple and overlapping issues. Because the NRC received at
least one comment that it is treating as a significant adverse comment
on the proposed rule (raising issues the NRC deemed serious enough to
warrant a substantive response to clarify the record), the NRC withdrew
the direct final rule and is responding to the comments here. Other
comments were not treated as significant adverse comments because, in
most instances, they were beyond the scope of this rulemaking.
Nonetheless, in addition to responding to the issues raised in the
comments treated as significant adverse comments, the NRC is also
taking this opportunity to respond to some of the issues raised in the
comments that are beyond this scope of this rulemaking in order to
clarify information about the CoC rulemaking process related to the
comments received.
Aging Management Programs
Many of the comments the NRC received questioned the fact that
aging management programs (AMPs) were not being established for this
CoC system. Commenters noted that the NRC has not yet issued the
revision to NUREG-1927 (``Standard Review Plan for Renewal of Spent
Fuel Dry Cask Storage System Licenses and Certificates of
Compliance''), which is currently being updated to include information
regarding AMPs, among other things. The comments stated that the
approval of this CoC system, ``should be put on hold until after the
revised NUREG-1927 is final and any appropriate aging management issues
are addressed in this CoC.''
The comments questioned some specific example AMPs discussed at
public meetings, including questions regarding an example AMP for
Chloride-Induced Stress Corrosion Cracking Tests (seismic concerns and
sampling size), as well as the absence of an AMP given issues with
damaged fuels and the ``unknowns of extended storage with high burnup
fuel.'' In sum, these commenters felt that approval of CoCs, such as
this one, should await the formulation and approval of aging management
programs.
Response
These comments are outside the scope of this rulemaking which is
limited to amending the spent fuel storage regulations by adding the
UMAX Canister Storage System, CoC No. 1040, to the ``List of approved
spent fuel storage casks'' in 10 CFR 72.214. This rulemaking is not
making any changes to the regulations governing the standards for
approval of a CoC.
The CoC for the HI-STORM UMAX is being issued for 20 years in
accordance with 10 CFR part 72. According to the NRC staff's SER
published in the Federal Register under Docket ID NRC-2014-0120, the
staff has determined that the use of the HI-STORM UMAX Canister Storage
System will be conducted in compliance with the applicable regulations
of 10 CFR part 72, and the CoC should be approved for the initial 20-
year term. There are currently no technical or regulatory requirements
for the inclusion of AMPs for the initial 20-year CoC term. AMPs are
required for spent fuel storage cask renewal which allows storage
beyond 20 years, as provided in 10 CFR 72.240. The current regulatory
requirements provide the necessary defense in depth for safe storage of
spent nuclear fuel for at least 20 years.
Based on the regulations in 10 CFR part 72, an AMP will be required
to be included in any renewal application for the HI-STORM UMAX
Canister Storage System, for a duration beyond the initial 20-year
term. The renewal application, if filed, will be required to comply
with the applicable regulations, and consider applicable NRC aging
management guidance available at the time of submittal. While NUREG-
1927 may prove useful to applicants seeking to renew a CoC, because it
does not provide guidance regarding applications seeking initial
approval of certificates, there is no reason to await the guidance
before proceeding with the addition of this system to the 10 CFR part
72 regulations.
Inspection Access
Several comments also questioned the ability of the underground
storage system to be adequately inspected and potentially repaired if
necessary during the initial certification period of 20 years,
especially if the system was being used in a coastal environment where
stress corrosion cracking could be an issue.
Response
The NRC is treating this comment as a significant adverse comment
warranting clarification of the record. The NRC has evaluated the
design of the HI-STORM UMAX Canister Storage System and has determined
that the design is robust, and contains numbers of layers of acceptable
confinement systems in compliance with 10 CFR part
[[Page 12075]]
72 requirements. In addition, the staff is not aware of empirical
evidence that supports a finding that surveillance would be required in
the initial certification period of the proposed CoC. This evaluation
is documented in the NRC staff's SER under Docket ID NRC-2014-0120.
Furthermore, the NRC has evaluated the susceptibility to and
effects of stress corrosion cracking and other corrosion mechanisms on
safety significant systems for SNF dry cask storage (DCS) systems
during an initial certification period. The staff has determined that
the HI-STORM UMAX Canister Storage System, when used within the
requirements of the proposed CoC, will safely store SNF and prevent
radiation releases and exposure consistent with regulatory
requirements.
Seismic Protection
Several comments also raised concerns regarding the ability of this
CoC system to withstand seismic events, particularly if the system were
to be used at specific sites with known seismic activity, such as San
Onofre Nuclear Generating Station (SONGS).
Response
The NRC is treating this comment as a significant adverse comment
warranting clarification of the record. This rulemaking would add a CoC
system to the list of approved spent fuel storage casks in 10 CFR
72.214. The certification provided by this approval does not, in and of
itself, authorize use of this system at any specific site. Instead,
general licensees (a power reactor that stores spent fuel under a
general Part 72 license) that wish to use this system must first ensure
that other applicable requirements are met. (See 10 CFR 72.212).
The seismic design levels of the HI-STORM UMAX Canister Storage
System as provided in this CoC are acceptable for most areas in the
continental U.S. For locations that have potential seismic activity
beyond those analyzed for this system, additional evaluations and
certifications may be required before the system may be used in those
locations. The NRC is currently evaluating an amendment request to the
HI-STORM UMAX Canister Storage System that provides additional analysis
intended to ensure the system's integrity during an earthquake with
higher seismic demands, including the seismic demands at the location
of SONGS. If the NRC approves that amendment request, the amended
system could be selected for use at SONGS, provided regulatory
requirements are met.
Bankruptcy
A comment also raised questions about the implications of the
potential bankruptcy of corporations that seek CoC approvals.
Response
This comment is outside the scope of this rulemaking. This
rulemaking would add a certified system to the list of spent fuel
systems in 10 CFR 72.214 and does not seek to alter the standards for
approval of a CoC system. In any event, NRC regulations in 10 CFR part
72 address the financial viability of licensees to ensure spent fuel
management and decommissioning are funded. Pursuant to NRC
requirements, once a general licensee accepts delivery of a storage
system authorized by a CoC, the financial responsibility for
maintaining and decommissioning the system become the responsibility of
the general licensee (see 10 CFR 72.30(b), (c), (d), (e), and (f)).
Flood Protection
One comment stated that the design basis of the Watts Bar 2 reactor
(not yet licensed for operation) intends that safe shut down could
occur if there were a flood event that delivered 13\1/2\ feet of water
at the reactor buildings. This comment raised the concern that the cask
waste storage in an adjacent area would have equal or greater flooding.
Response
This rulemaking is limited to the approval of a CoC system to be
added to the list of spent fuel storage casks in 10 CFR 72.214. This
rulemaking does not propose any change to the standards for approval of
a CoC, or the requirements that govern the use of this CoC by a general
licensee. Therefore, this comment is outside the scope of this
rulemaking.
The NRC's regulations at 10 CFR 72.212, ``Conditions of a general
license issued under 10 CFR 72.210,'' require that a general licensee
(a power reactor that stores spent fuel under a general part 72
license) perform written evaluations to ensure that the DCS systems
used at the location meet the technical requirements of the CoC. The
NRC inspects these evaluations prior to the first use of the DCS system
and every three years after first use to ensure compliance with the
terms of the CoC. If the CoC does not allow for water intrusion, then
the general licensee is required to provide engineered measures to
ensure that this condition does not occur.
High Burnup Fuel
Several comments also raised questions regarding the long-term
acceptability of the extended storage of high burnup fuel (HBF).
Response
Most of the comments raising HBF as an issue did so in the context
of the need for AMPs for approval of the CoC for the first 20 years,
and that is beyond the scope of this rulemaking, as explained above.
To the extent commenters raised issues about the storage of HBF in
the CoC for the first 20 years, the NRC is treating this portion of the
comment as a significant adverse comment warranting clarification of
the record. The NRC has evaluated the acceptability of storage of HBF
for the initial 20-year certification term for the HI-STORM UMAX
Canister Storage System. As documented in the NRC staff's SER under
Docket ID NRC-2014-0120, the staff has determined that the use of the
HI-STORM UMAX Canister Storage System, including storage of HBF, will
be conducted in compliance with the applicable regulations of 10 CFR
part 72, and the CoC should be approved for the initial 20-year term.
Storage beyond the initial term of 20 years will require the
applicant to submit a license renewal application with the inclusion of
AMPs addressing HBF. In that regard, a demonstration project is being
planned by the U.S. Department of Energy to provide confirmatory data
on the performance of HBF in DCS. The NRC plans to evaluate the data
obtained from the project to confirm the accuracy of current models
that are relied upon for authorizing the storage of HBF for extended
storage periods beyond the initial 20-year certification term.
Duration of Certificate
Some comments also raised issues with the limited duration of this
initial CoC for a term of only 20 years and stated that the systems
should have to demonstrate safe storage of nuclear fuel for a much
longer storage period.
Response
The issues of long-term storage and disposal of SNF are outside the
scope of this CoC rulemaking. This rule is limited to the addition of
this storage system to the list of approved designs in 10 CFR 72.214.
The regulations governing the length of the CoC term are not within the
changes proposed by this rule.
[[Page 12076]]
Inspector General's Report
One comment highlighted issues addressed in the 2014 NRC Inspector
General's report of the SONGS steam generator replacement, entitled,
``NRC Oversight of Licensee's Use of 10 CFR 50.59 Process to Replace
SONG'S Steam Generators (Case No. 13-006).''
Response
The issues raised by the NRC's IG report of the SONGS steam
generator replacement are outside the scope of this rulemaking. This
report is applicable only to that proposed steam generator replacement
effort, and does not apply to nor is it related to this specific CoC
rulemaking. Approval of this CoC is based upon a safety and
environmental review of this specific CoC design as submitted by the
vendor. If power reactor licensees wish to use this system at their
specific sites, they must first ensure other applicable regulatory
requirements are met (see 10 CFR 72.212).
IV. 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 final rule, the NRC will add the Holtec
International HI-STORM UMAX Canister Storage System design to the
listing in 10 CFR 72.214. This action does not constitute the
establishment of a standard that contains generally applicable
requirements.
V. 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 final 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, or the provisions of 10 CFR.
Although an Agreement State may not adopt program elements reserved to
the 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.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274), requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to add the Holtec
International HI-STORM UMAX Canister Storage System to the listing
within the ``List of approved spent fuel storage casks'' as CoC No.
1040. Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' 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 made a finding of no
significant impact on the basis of this environmental assessment.
B. The Need for the Action
This final rule adds CoC No. 1040 for the Holtec International HI-
STORM UMAX Canister Storage System 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. Specifically,
Holtec International's intent with this design is to provide an
underground storage option compatible with the Holtec International HI-
STORM FW System.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this CoC addition tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act.
Holtec International HI-STORM UMAX Canister Storage Systems are
designed to mitigate the effects of design basis accidents that could
occur during storage. Design basis accidents account for human-induced
events and the most severe natural phenomena reported for the site and
surrounding area. Postulated accidents analyzed for an ISFSI, the type
of facility at which a holder of a power reactor operating license
would store spent fuel in casks in accordance with 10 CFR part 72,
include tornado winds and tornado-generated missiles, a design basis
earthquake, a design basis flood, an accidental cask drop, lightning
effects, fire, explosions, and other incidents.
Considering the specific design requirements for each accident
condition, the design of the HI-STORM UMAX Canister Storage System
would prevent loss of containment, shielding, and criticality control.
If there is no loss of containment, shielding, or criticality control,
the environmental impacts would be insignificant. In addition, any
resulting occupational exposure or offsite dose rates from the use of
the HI-STORM UMAX Canister Storage System would remain well within the
10 CFR part 20 limits. Therefore, the proposed addition of CoC No. 1040
will not result in radiological or non-radiological environmental
impacts that significantly differ from the environmental impacts
evaluated in the environmental assessment supporting the July 18, 1990,
final rule. There will be no significant change in the types or
significant revisions in the amounts of effluent released, no
significant increase in the individual or cumulative radiation
exposure, and no significant increase in the potential for or
consequences from radiological accidents. The staff documented its
safety findings for this review in the SER.
D. Alternative to the Action
The alternative to this action is to withhold approval of this new
design and issue a site-specific license to each utility that proposes
to use the casks. This alternative would cost both the NRC and
utilities more time and money for each site-specific license.
Conducting site-specific reviews would ignore the procedures and
criteria currently in place for the addition of new cask designs that
can be used under a general license, and would be in conflict with NWPA
direction to the Commission to approve technologies for the use of
spent fuel storage at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site reviews. This alternative also would
[[Page 12077]]
tend to exclude new vendors from the business market without cause and
would arbitrarily limit the choice of cask designs available to power
reactor licensees. This final rule will eliminate the above problems
and is consistent with previous Commission actions. Further, the rule
will have no adverse effect on public health and safety. Therefore, the
environmental impacts would be the same or less than the action.
E. Alternative Use of Resources
Approval of the addition of CoC No. 1040 would result in no
irreversible commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in 10 CFR part 51. Based on the foregoing
environmental assessment, the NRC concludes that this final rule
entitled, ``List of Approved Spent Fuel Storage Casks: Holtec
International HI-STORM UMAX Canister Storage System, Certificate of
Compliance No. 1040,'' will not have a significant effect on the human
environment. Therefore, the NRC has determined that an environmental
impact statement is not necessary for this final rule.
VIII. Paperwork Reduction Act Statement
This rule does not contain any information collection requirements
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 current valid OMB
control number.
IX. 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.
By letter dated June 29, 2012, and as supplemented on July 16 and
November 20, 2012; January 30, April 2, April 19, June 21, August 28,
December 6, and December 31, 2013; and January 13, and January 28,
2014, Holtec International submitted an application to add the HI-STORM
UMAX Canister Storage System.
The alternative to this action is to withhold approval of this new
design and issue a site-specific license to each utility that proposes
to use the casks. This alternative would cost both the NRC and
utilities more time and money for each site-specific license.
Conducting site-specific reviews would ignore the procedures and
criteria currently in place for the addition of new cask designs that
can be used under a general license, and would be in conflict with NWPA
direction to the Commission to approve technologies for the use of
spent fuel storage at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site reviews. This alternative also would tend to exclude new vendors
from the business market without cause and would arbitrarily limit the
choice of cask designs available to power reactor licensees. This final
rule will eliminate the above problems and is consistent with previous
Commission actions. Further, the rule will have no adverse effect on
public health and safety.
Approval of this final rule is consistent with previous NRC
actions. Further, as documented in the SER and the environmental
assessment, the final rule will have no adverse effect on public health
and safety or the environment. This 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 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 therefore,
this action is recommended.
X. 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 final
rule affects only nuclear power plant licensees and Holtec
International. 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).
XI. Backfitting and Issue Finality
The NRC has determined that the backfit rule (10 CFR 72.62) does
not apply to this final rule. Therefore, a backfit analysis is not
required. This final rule adds CoC No. 1040 for the Holtec
International HI-STORM UMAX Canister Storage System to the ``List of
approved spent fuel storage casks.''
The addition of CoC No. 1040 for the Holtec International HI-STORM
UMAX Canister Storage System was initiated by Holtec International and
was not submitted in response to new NRC requirements, or in response
to an NRC request. The addition of CoC No. 1040 does not constitute
backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise
represent an inconsistency with the issue finality provisions
applicable to combined licenses in 10 CFR part 52. Accordingly, no
backfit analysis or additional documentation addressing the issue
finality criteria in 10 CFR part 52 has been prepared by the staff.
XII. Congressional Review Act
In accordance with the Congressional Review Act of 1996 (5 U.S.C.
801-808), the NRC has determined that this action is not a rule as
defined in the Congressional Review Act.
XIII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
CoC No. 1040....................................... ML14122A443
Safety Evaluation Report........................... ML14122A441
Technical Specifications, Appendix A............... ML14122A444
Technical Specifications, Appendix B............... ML14122A442
[[Page 12078]]
Application........................................ ML121880102
Application supplemental July 16, 2012............. ML12205A134
Application supplemental November 20, 2012......... ML12348A483
Application supplemental January 30, 2013.......... ML13032A008
Application supplemental April 2, 2013............. ML13107B249
Application supplemental April 19, 2013............ ML13114A191
Application supplemental June 21, 2013............. ML13175A363
Application supplemental August 28, 2013........... ML13261A062
Application supplemental December 6, 2013.......... ML13343A169
Application supplemental December 31, 2013......... ML14002A402
Application supplemental January 13, 2014.......... ML14015A145
Application supplemental January 28, 2014.......... ML14030A055
HI-STORM FW System FSAR............................ ML12363A284
HI-STORM UMAX Canister Storage System FSAR......... ML12363A282
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking Web site at https://www.regulations.gov under Docket ID NRC-2014-0120. The Federal
rulemaking Web site allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2014-0120); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, 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; 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: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C.
10151, 10152, 10153, 10155, 10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704, (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109-58, 119 Stat. 788 (2005).
Section 72.44(g) also issued under Nuclear Waste Policy Act
secs. 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)).
Subpart J also issued under Nuclear Waste Policy Act secs.
117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)).
Subpart K also issued under Nuclear Waste Policy Act sec. 218(a)
(42 U.S.C. 10198).
0
2. Section 72.214 is amended by adding Certificate of Compliance 1040
to read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1040.
Initial Certificate Effective Date: April 6, 2015.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the Holtec
International HI-STORM UMAX Canister Storage System.
Docket Number: 72-1040.
Certificate Expiration Date: March 6, 2035.
Model Number: MPC-37, MPC-89.
Dated at Rockville, Maryland, this 24th day of February 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-05238 Filed 3-5-15; 8:45 am]
BILLING CODE 7590-01-P
