List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® System; Certificate of Compliance No. 1031, Amendment No. 5, 20149-20153 [2015-08679]
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Rules and Regulations
Federal Register
Vol. 80, No. 72
Wednesday, April 15, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
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are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
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rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
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You may submit comments
by any one of the following methods
(unless this document describes a
different method for submitting
comments on a specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0261. Address
questions about NRC dockets to Carol
Gallagher, telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, please contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
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• Fax comments to: Secretary, U.S.
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telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–3781; email: Solomon.Sahle@
nrc.gov.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0261]
RIN 3150–AJ50
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.,
MAGNASTOR® System; Certificate of
Compliance No. 1031, Amendment
No. 5
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International, Inc.,
MAGNASTOR® System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 5 to
Certificate of Compliance (CoC) No.
1031. Amendment No. 5 makes
numerous changes to the Technical
Specifications (TSs) including adding a
new damaged fuel assembly, revising
the maximum or minimum enrichments
for three fuel assembly designs, adding
four-zone preferential loading for
pressurized-water reactor fuel
assemblies and increasing the maximum
dose rates in limiting condition for
operation (LCO) 3.3.1, and other
editorial changes to Appendices A and
B of the TSs.
DATES: The direct final rule is effective
June 29, 2015, unless significant adverse
comments are received by May 15, 2015.
If the direct final rule is withdrawn as
a result of such comments, timely notice
of the withdrawal will be published in
the Federal Register. Comments
received after this date will be
considered if it is practical to do so, but
the NRC staff is able to ensure
consideration only for comments
received on or before this date.
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SUMMARY:
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ADDRESSES:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
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VIII. Environmental Assessment and Finding
of No Significant Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0261 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable 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–2014–0261.
• 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 O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2014–
0261 in the subject line of your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
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inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
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II. Procedural Background
This direct final rule is limited to the
changes contained in Amendment No. 5
to CoC No. 1031 and does not include
other aspects of the MAGNASTOR®
System design. 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. This amendment to the rule
will become effective on June 29, 2015.
However, if the NRC receives significant
adverse comments on this direct final
rule by May 15, 2015, then the NRC will
publish a document that withdraws this
action and will subsequently address
the comments received in a final rule as
a response to the companion proposed
rule published in the Proposed Rule
section of 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
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.
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(3) The comment causes the NRC staff
to make a change (other than editorial)
to the rule, CoC, or TSs.
For detailed instructions on
submitting comments, please see the
ADDRESSES section of this document.
III. 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 which added a
new subpart K in part 72 of Title 10 of
the Code of Federal Regulations (10
CFR) 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 in
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
November 21, 2008 (73 FR 70587), that
approved the NAC International, Inc.,
MAGNASTOR® System design and
added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as CoC
No. 1031.
IV. Discussion of Changes
By letter dated December 19, 2013,
and as supplemented on March 19, May
15, and, June 13, 2014, NAC
International submitted an application
for Amendment No. 5 of CoC No. 1031.
The amendment adds a new damaged
fuel assembly; revises the maximum or
minimum enrichments for three fuel
assembly designs; adds four-zone
preferential loading for pressurizedwater reactor fuel assemblies; and
increases the maximum dose rates in
LCO 3.3.1.
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Amendment No. 5 makes the
following specific changes to
Appendices A and B of the TSs:
• Page A3–11—Increase the
maximum surface gamma dose rate for
LCO 3.3.1 from 95 to 120 mrem/hr.
• Page A4–1—Change required
minimum actual areal density for 10B
from 0.334 g/cm2 to the correct value of
0.0334 g/cm2.
• Page A4–4—Authorize use of the
MAGNASTOR® System at an
independent spent fuel storage
installation (ISFSI) where the maximum
design basis earthquake (DBE)
acceleration is greater than previously
evaluated provided that the ISFSI pad is
designed with bollards that prevents a
cask from overturning and bollards are
designed, fabricated, and installed such
that they are capable of handling the
combined loading of the DBE and any
contact between the bollard and cask
during the DBE.
• Page A4–5—Move the lead
paragraph and items a through e to page
A4–5.
• Page B2–1—Extend the number of
tables specifying fuel characteristics to
Table B2–41.
• Pages B2–2 and B2–4—Add specific
fuel characteristic tables for WE14×14
fuel assemblies in Tables B2–25 through
B2–33 and for CE16×16 fuel assemblies
in Tables B2–34 through B2–41; clarify
that the assembly average burnup levels
are for spent nuclear fuel; and add
footnote a.
• Pages B2–2 and B2–5—Delete
information on order and location of
empty cells for a basket that is not fully
loaded and add footnote a.
• Page B2–3—Add footnote a.
• Page B2–7—Increase the maximum
decay heat for WE14×14 and CE16×16
fuel assemblies to 1,800 watts and add
footnote 2.
• Page B2–9—Add CE16×16 fuel
assembly to damaged fuel assembly
portion of the table.
• Page B2–10—Revise rod cluster
control (RCC) cooling times; add cooling
times for fuel hardware for three-zone
and four-zone loading patterns; add
Tables B2–25 through B2–41 to the note;
and add footnotes a, b, and c.
• Pages B2–12 and B2–14—Revise the
table (figure) title to indicate more than
one decay heat loading pattern
definition, add three-zone title, and add
four-zone heat load pattern table
(figure).
• Pages B2–13 and B2–15—Remove
notation showing the canister alignment
mark.
• Page B2–16—Remove detail on
description of how to block unused cells
and indicate that unused cells must be
physically blocked.
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• Page B2–17—Change item G to state
that unirradiated (instead of
unenriched) fuel assemblies are not
authorized for loading, add item H for
the 86 fuel assembly basket
configuration, renumber original item H
to I, revise item I to indicate alternate
loadings for 82 fuel assembly basket,
and reference Figure B2–5 in item I.
• Page B2–18—Reduce minimum
average enrichment from 1.3 to 0.7
weight percent.
• Page B2–19—Revise footnote 1 to
refer to Figure B2–6 instead of B2–5.
• Page B2–20—Add footnotes c and
d.
• Page B2–21—Add figure showing
the 87 fuel assembly basket.
• Page B2–22—Add alternate
configuration for the 82 fuel assembly
basket and Increment figure number by
1.
• Page B2–23—Renumber Figure B2–
5 to be B2–6.
• Page B2–24—Add row for
maximum assembly average burnup of
5,000 MWd/MTU in Table B2–14.
• Pages B2–90 to B2–140—Add tables
B2–25 to B2–41, respectively, to include
a new pressurized-water reactor
preferential loading profile.
The revised TSs are identified in the
safety evaluation report (SER). As
documented in the SER, the NRC staff
performed a detailed safety evaluation
of the proposed CoC amendment
request. There are no significant
changes to cask design requirements in
the proposed CoC amendment.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of confinement, shielding,
and criticality control. If there is no loss
of confinement, shielding, or criticality
control, the environmental impacts
would be insignificant. This amendment
does not reflect a significant change in
design or fabrication of the cask. In
addition, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 5
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
CoC changes will not result in any
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 amounts of any
effluent released, no significant increase
in individual or cumulative radiation
exposure, and no significant increase in
the potential for or consequences of
radiological accidents.
This direct final rule revises the
MAGNASTOR® System listing in 10
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CFR 72.214 by adding Amendment No.
5 to CoC No.1031. The amendment
consists of the changes previously
described, as set forth in the revised
CoC and TSs. The revised TSs are
identified in the SER.
The amended MAGNASTOR® System
design, when used under the conditions
specified in the CoC, the 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 direct final rule
becomes effective, persons who hold a
general license under 10 CFR 72.210
may load spent nuclear fuel into
MAGNASTOR® Systems that meet the
criteria of Amendment No. 5 to CoC No.
1031 under 10 CFR 72.212.
V. 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 MAGNASTOR®
System design listed in 10 CFR 72.214.
This action does not constitute the
establishment of a standard that
contains generally applicable
requirements.
VI. 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, 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 using a mechanism
consistent with that particular State’s
administrative procedure laws, but does
not confer regulatory authority on the
State.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise,
well-organized manner. The NRC has
written this document to be consistent
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20151
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214
to revise the NAC International, Inc.,
MAGNASTOR® System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 5 to
CoC No. 1031. 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 direct final rule amends the CoC
for the NAC International, Inc.,
MAGNASTOR® 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,
Amendment No. 5 makes numerous
changes to the TSs including adding a
new damaged fuel assembly, revising
the maximum or minimum enrichments
for three fuel assembly designs, adding
four-zone preferential loading for
pressurized-water reactor fuel
assemblies and increasing the maximum
dose rates in LCO 3.3.1, and other
editorial changes to Appendices A and
B of the TSs. The revised TSs are
identified in the SER.
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
Amendment No. 5 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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The MAGNASTOR® System is
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,
fires, explosions, and other incidents.
Considering the specific design
requirements for each accident
condition, the design of the cask 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. This amendment
does not reflect a significant change in
design or fabrication of the cask. There
are no significant changes to cask design
requirements in the proposed CoC
amendment. In addition, because there
are no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 5
would remain well within 10 CFR part
20 radiation safety limits. Therefore, the
proposed CoC changes will not result in
any 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 any effluent
released, no significant increase in the
individual or cumulative radiation
exposures, and no significant increase
in the potential for or consequences
from radiological accidents. The staff
documented these safety findings in the
SER for this amendment.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 5 and
terminate the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into MAGNASTOR®
System casks in accordance with the
changes described in proposed
Amendment No. 5 would have to
request an exemption from the
requirements of 10 CFR 72.212 and
72.214. Under this alternative,
interested licensees would have to
prepare, and the NRC would have to
review, a separate exemption request,
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thereby increasing the administrative
burden on the NRC and the costs to each
licensee. Therefore, the environmental
impacts would be the same or less than
the action.
E. Alternative Use of Resources
Approval of Amendment No. 5 to CoC
No. 1031 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
direct final rule entitled, ‘‘List of
Approved Spent Fuel Storage Casks:
NAC International, Inc., MAGNASTOR®
System; Certificate of Compliance No.
1031, Amendment No. 5,’’ 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 direct final rule.
IX. Paperwork Reduction Act
Statement
This rule does not contain any
information collection requirements,
and is therefore not subject to 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 currently valid Office of
Management and Budget control
number.
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 direct final rule affects only
nuclear power plant licensees and NAC
International, Inc. 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. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
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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 casks with NRCapproved cask designs to store spent
nuclear fuel if it notifies the NRC in
advance, the spent fuel is stored under
the conditions specified in the cask’s
CoC, and the conditions of the general
license are met. A list of NRC-approved
cask designs is contained in 10 CFR
72.214. On November 21, 2008 (73 FR
70687), the NRC issued an amendment
to 10 CFR part 72 that approved the
MAGNASTOR® System design and
added it to the list of NRC-approved
cask designs in 10 CFR 72.214.
On December 19, 2013, and as
supplemented on March 19, May 15,
and June 13, 2014, NAC International,
Inc., submitted an application to amend
the MAGNASTOR® System as described
in Section IV, ‘‘Discussion of Changes,’’
of this document.
The alternative to this action is to
withhold approval of Amendment No. 5
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the MAGNASTOR®
System cask under the changes
described in Amendment No. 5 to
request an exemption from the
requirements of 10 CFR 72.212 and
72.214. Under this alternative, each
interested 10 CFR part 72 licensee
would have to prepare, and the NRC
would have to review, a separate
exemption request, thereby increasing
the administrative burden on the NRC
and the costs to each licensee.
Approval of this 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 or the
environment. This direct final rule has
no significant identifiable impact 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 therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (10 CFR 72.62) does not
apply to this direct final rule. Therefore,
a backfit analysis is not required. This
direct final rule revises CoC No. 1031
for the NAC International, Inc.,
MAGNASTOR® System, as currently
listed in 10 CFR 72.214, ‘‘List of
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approved spent fuel storage casks.’’ The
revision consists of Amendment No. 5,
which adds a new damaged fuel
assembly; revises the maximum or
minimum enrichments for three fuel
assembly designs; adds four-zone new
preferential loading for pressurizedwater reactor fuel assemblies; increases
the maximum dose rates in LCO 3.3.1;
and makes other editorial changes to
Appendices A and B to the TSs. The
revised TSs are identified in the SER.
Amendment No. 5 to CoC No. 1031
for the NAC International, Inc.,
MAGNASTOR® System was not
submitted in response to new NRC
requirements, or an NRC request for
amendment. Amendment No. 5 applies
only to new casks fabricated and used
under Amendment No. 5. These changes
do not affect existing users of the
MAGNASTOR® System, and the current
amendments continue to be effective for
existing users. While any current CoC
users may comply with the new
requirements in Amendment No. 5, this
would be a voluntary decision on the
part of current users. For these reasons,
Amendment No. 5 to CoC No. 1031 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
issue finality criteria in 10 CFR part 52
has been prepared by the staff.
XIII. Congressional Review Act
This action is not a major rule as
defined in the Congressional Review
Act (5 U.S.C. 801–808).
XIV. 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.
mstockstill on DSK4VPTVN1PROD with RULES
Document
Proposed CoC No. 1031,
Amendment No. 5 .............
Proposed TS, Appendix A ....
Proposed TS, Appendix B ....
Preliminary SER ...................
Request to Amend Reference 1 Dated December
19, 2013 ............................
Request to Amend Reference 3 Dated March 19,
2014 ..................................
Request for Additional Information (RAI) Dated May
15, 2014 ............................
VerDate Sep<11>2014
16:28 Apr 14, 2015
ADAMS
accession No./
web link/
Federal
Register
citation
ML14216A197
ML14216A257
ML14216A270
ML14216A310
ML13361A144
ML14079A525
ML14140A239
Jkt 235001
ADAMS
accession No./
web link/
Federal
Register
citation
Document
Supplemental Information for
Proposed Action Dated
June 13, 2014 ...................
ML14170A032
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–2014–0261. 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–2014–0261); (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; 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.
20153
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. In § 72.214, Certificate of
Compliance No. 1031 is revised to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009.
Amendment Number 1 Effective Date:
August 30, 2010.
Amendment Number 2 Effective Date:
January 30, 2012.
Amendment Number 3 Effective Date:
July 25, 2013.
Amendment Number 4 Effective Date:
April 14, 2015.
Amendment Number 5 Effective Date:
June 29, 2015.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
*
*
*
*
*
Dated at Rockville, Maryland, this 29th day
of January, 2015.
For the Nuclear Regulatory Commission.
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
Mark A. Satorius,
Executive Director for Operations.
1. The authority citation for part 72
continues to read as follows:
12 CFR Parts 217, 225, and 238
■
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. 549 (2005).
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
[FR Doc. 2015–08679 Filed 4–14–15; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL RESERVE SYSTEM
[Docket No. R–1509]
RIN 1700–AE 30
Regulations Q, Y, and LL: Small Bank
Holding Company Policy Statement;
Capital Adequacy of Board-Regulated
Institutions; Bank Holding Companies;
Savings and Loan Holding Companies
Board of Governors of the
Federal Reserve System (Board).
ACTION: Final rule.
AGENCY:
The Board is adopting final
amendments (Final Rule) to the Small
SUMMARY:
E:\FR\FM\15APR1.SGM
15APR1
]]>Agencies
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20149-20153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08679]
========================================================================
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. 72 / Wednesday, April 15, 2015 /
Rules and Regulations
[[Page 20149]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0261]
RIN 3150-AJ50
List of Approved Spent Fuel Storage Casks: NAC International,
Inc., MAGNASTOR[supreg] System; Certificate of Compliance No. 1031,
Amendment No. 5
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 NAC International, Inc.,
MAGNASTOR[supreg] System listing within the ``List of approved spent
fuel storage casks'' to include Amendment No. 5 to Certificate of
Compliance (CoC) No. 1031. Amendment No. 5 makes numerous changes to
the Technical Specifications (TSs) including adding a new damaged fuel
assembly, revising the maximum or minimum enrichments for three fuel
assembly designs, adding four-zone preferential loading for
pressurized-water reactor fuel assemblies and increasing the maximum
dose rates in limiting condition for operation (LCO) 3.3.1, and other
editorial changes to Appendices A and B of the TSs.
DATES: The direct final rule is effective June 29, 2015, unless
significant adverse comments are received by May 15, 2015. If the
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC staff is able to ensure consideration only for
comments received on or before this date. Comments received on this
direct final rule will also be considered to be comments on a companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register.
ADDRESSES: You may submit comments by any one of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0261. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
Email comments to: Rulemaking.Comments@nrc.gov. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-3781; email:
Solomon.Sahle@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0261 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-2014-0261.
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 O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2014-0261 in the subject line of your
comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should
[[Page 20150]]
inform those persons not to include identifying or contact information
that they do not want to be publicly disclosed in their comment
submission. Your request should state that the NRC does not routinely
edit comment submissions to remove such information before making the
comment submissions available to the public or entering the comment
into ADAMS.
II. Procedural Background
This direct final rule is limited to the changes contained in
Amendment No. 5 to CoC No. 1031 and does not include other aspects of
the MAGNASTOR[supreg] System design. 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. This amendment to the rule will become
effective on June 29, 2015. However, if the NRC receives significant
adverse comments on this direct final rule by May 15, 2015, then the
NRC will publish a document that withdraws this action and will
subsequently address the comments received in a final rule as a
response to the companion proposed rule published in the Proposed Rule
section of 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
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 TSs.
For detailed instructions on submitting comments, please see the
ADDRESSES section of this document.
III. 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 which added a new subpart K in part 72 of Title
10 of the Code of Federal Regulations (10 CFR) 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 in 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
November 21, 2008 (73 FR 70587), that approved the NAC International,
Inc., MAGNASTOR[supreg] System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as CoC No. 1031.
IV. Discussion of Changes
By letter dated December 19, 2013, and as supplemented on March 19,
May 15, and, June 13, 2014, NAC International submitted an application
for Amendment No. 5 of CoC No. 1031. The amendment adds a new damaged
fuel assembly; revises the maximum or minimum enrichments for three
fuel assembly designs; adds four-zone preferential loading for
pressurized-water reactor fuel assemblies; and increases the maximum
dose rates in LCO 3.3.1.
Amendment No. 5 makes the following specific changes to Appendices
A and B of the TSs:
Page A3-11--Increase the maximum surface gamma dose rate
for LCO 3.3.1 from 95 to 120 mrem/hr.
Page A4-1--Change required minimum actual areal density
for 10B from 0.334 g/cm2 to the correct value of 0.0334 g/cm2.
Page A4-4--Authorize use of the MAGNASTOR[supreg] System
at an independent spent fuel storage installation (ISFSI) where the
maximum design basis earthquake (DBE) acceleration is greater than
previously evaluated provided that the ISFSI pad is designed with
bollards that prevents a cask from overturning and bollards are
designed, fabricated, and installed such that they are capable of
handling the combined loading of the DBE and any contact between the
bollard and cask during the DBE.
Page A4-5--Move the lead paragraph and items a through e
to page A4-5.
Page B2-1--Extend the number of tables specifying fuel
characteristics to Table B2-41.
Pages B2-2 and B2-4--Add specific fuel characteristic
tables for WE14x14 fuel assemblies in Tables B2-25 through B2-33 and
for CE16x16 fuel assemblies in Tables B2-34 through B2-41; clarify that
the assembly average burnup levels are for spent nuclear fuel; and add
footnote a.
Pages B2-2 and B2-5--Delete information on order and
location of empty cells for a basket that is not fully loaded and add
footnote a.
Page B2-3--Add footnote a.
Page B2-7--Increase the maximum decay heat for WE14x14 and
CE16x16 fuel assemblies to 1,800 watts and add footnote 2.
Page B2-9--Add CE16x16 fuel assembly to damaged fuel
assembly portion of the table.
Page B2-10--Revise rod cluster control (RCC) cooling
times; add cooling times for fuel hardware for three-zone and four-zone
loading patterns; add Tables B2-25 through B2-41 to the note; and add
footnotes a, b, and c.
Pages B2-12 and B2-14--Revise the table (figure) title to
indicate more than one decay heat loading pattern definition, add
three-zone title, and add four-zone heat load pattern table (figure).
Pages B2-13 and B2-15--Remove notation showing the
canister alignment mark.
Page B2-16--Remove detail on description of how to block
unused cells and indicate that unused cells must be physically blocked.
[[Page 20151]]
Page B2-17--Change item G to state that unirradiated
(instead of unenriched) fuel assemblies are not authorized for loading,
add item H for the 86 fuel assembly basket configuration, renumber
original item H to I, revise item I to indicate alternate loadings for
82 fuel assembly basket, and reference Figure B2-5 in item I.
Page B2-18--Reduce minimum average enrichment from 1.3 to
0.7 weight percent.
Page B2-19--Revise footnote 1 to refer to Figure B2-6
instead of B2-5.
Page B2-20--Add footnotes c and d.
Page B2-21--Add figure showing the 87 fuel assembly
basket.
Page B2-22--Add alternate configuration for the 82 fuel
assembly basket and Increment figure number by 1.
Page B2-23--Renumber Figure B2-5 to be B2-6.
Page B2-24--Add row for maximum assembly average burnup of
5,000 MWd/MTU in Table B2-14.
Pages B2-90 to B2-140--Add tables B2-25 to B2-41,
respectively, to include a new pressurized-water reactor preferential
loading profile.
The revised TSs are identified in the safety evaluation report
(SER). As documented in the SER, the NRC staff performed a detailed
safety evaluation of the proposed CoC amendment request. There are no
significant changes to cask design requirements in the proposed CoC
amendment. Considering the specific design requirements for each
accident condition, the design of the cask would prevent loss of
confinement, shielding, and criticality control. If there is no loss of
confinement, shielding, or criticality control, the environmental
impacts would be insignificant. This amendment does not reflect a
significant change in design or fabrication of the cask. In addition,
any resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 5 would remain well within the 10 CFR
part 20 limits. Therefore, the proposed CoC changes will not result in
any 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 amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposure, and no significant increase in the potential for or
consequences of radiological accidents.
This direct final rule revises the MAGNASTOR[supreg] System listing
in 10 CFR 72.214 by adding Amendment No. 5 to CoC No.1031. The
amendment consists of the changes previously described, as set forth in
the revised CoC and TSs. The revised TSs are identified in the SER.
The amended MAGNASTOR[supreg] System design, when used under the
conditions specified in the CoC, the 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 direct final rule becomes effective, persons who hold a
general license under 10 CFR 72.210 may load spent nuclear fuel into
MAGNASTOR[supreg] Systems that meet the criteria of Amendment No. 5 to
CoC No. 1031 under 10 CFR 72.212.
V. 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 MAGNASTOR[supreg] System design listed in 10 CFR 72.214. This
action does not constitute the establishment of a standard that
contains generally applicable requirements.
VI. 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, 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 using a mechanism
consistent with that particular State's administrative procedure laws,
but does not confer regulatory authority on the State.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, 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).
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to revise the NAC
International, Inc., MAGNASTOR[supreg] System listing within the ``List
of approved spent fuel storage casks'' to include Amendment No. 5 to
CoC No. 1031. 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 direct final rule amends the CoC for the NAC International,
Inc., MAGNASTOR[supreg] 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, Amendment
No. 5 makes numerous changes to the TSs including adding a new damaged
fuel assembly, revising the maximum or minimum enrichments for three
fuel assembly designs, adding four-zone preferential loading for
pressurized-water reactor fuel assemblies and increasing the maximum
dose rates in LCO 3.3.1, and other editorial changes to Appendices A
and B of the TSs. The revised TSs are identified in the SER.
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 Amendment No. 5 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.
[[Page 20152]]
The MAGNASTOR[supreg] System is 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, fires, explosions, and other
incidents.
Considering the specific design requirements for each accident
condition, the design of the cask 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. This amendment does not reflect a significant change in
design or fabrication of the cask. There are no significant changes to
cask design requirements in the proposed CoC amendment. In addition,
because there are no significant design or process changes, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 5 would remain well within 10 CFR part
20 radiation safety limits. Therefore, the proposed CoC changes will
not result in any 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 any effluent released, no
significant increase in the individual or cumulative radiation
exposures, and no significant increase in the potential for or
consequences from radiological accidents. The staff documented these
safety findings in the SER for this amendment.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
5 and terminate the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into
MAGNASTOR[supreg] System casks in accordance with the changes described
in proposed Amendment No. 5 would have to request an exemption from the
requirements of 10 CFR 72.212 and 72.214. Under this alternative,
interested licensees would have to prepare, and the NRC would have to
review, a separate exemption request, thereby increasing the
administrative burden on the NRC and the costs to each licensee.
Therefore, the environmental impacts would be the same or less than the
action.
E. Alternative Use of Resources
Approval of Amendment No. 5 to CoC No. 1031 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 direct final rule
entitled, ``List of Approved Spent Fuel Storage Casks: NAC
International, Inc., MAGNASTOR[supreg] System; Certificate of
Compliance No. 1031, Amendment No. 5,'' 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 direct
final rule.
IX. Paperwork Reduction Act Statement
This rule does not contain any information collection requirements,
and is therefore not subject to 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 currently valid
Office of Management and Budget control number.
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 direct
final rule affects only nuclear power plant licensees and NAC
International, Inc. 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. 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 casks with NRC-approved cask designs to store
spent nuclear fuel if it notifies the NRC in advance, the spent fuel is
stored under the conditions specified in the cask's CoC, and the
conditions of the general license are met. A list of NRC-approved cask
designs is contained in 10 CFR 72.214. On November 21, 2008 (73 FR
70687), the NRC issued an amendment to 10 CFR part 72 that approved the
MAGNASTOR[supreg] System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214.
On December 19, 2013, and as supplemented on March 19, May 15, and
June 13, 2014, NAC International, Inc., submitted an application to
amend the MAGNASTOR[supreg] System as described in Section IV,
``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 5 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the MAGNASTOR[supreg] System cask under
the changes described in Amendment No. 5 to request an exemption from
the requirements of 10 CFR 72.212 and 72.214. Under this alternative,
each interested 10 CFR part 72 licensee would have to prepare, and the
NRC would have to review, a separate exemption request, thereby
increasing the administrative burden on the NRC and the costs to each
licensee.
Approval of this 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 or the environment. This direct final rule has no
significant identifiable impact 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
therefore, this action is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (10 CFR 72.62) does
not apply to this direct final rule. Therefore, a backfit analysis is
not required. This direct final rule revises CoC No. 1031 for the NAC
International, Inc., MAGNASTOR[supreg] System, as currently listed in
10 CFR 72.214, ``List of
[[Page 20153]]
approved spent fuel storage casks.'' The revision consists of Amendment
No. 5, which adds a new damaged fuel assembly; revises the maximum or
minimum enrichments for three fuel assembly designs; adds four-zone new
preferential loading for pressurized-water reactor fuel assemblies;
increases the maximum dose rates in LCO 3.3.1; and makes other
editorial changes to Appendices A and B to the TSs. The revised TSs are
identified in the SER.
Amendment No. 5 to CoC No. 1031 for the NAC International, Inc.,
MAGNASTOR[supreg] System was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 5 applies
only to new casks fabricated and used under Amendment No. 5. These
changes do not affect existing users of the MAGNASTOR[supreg] System,
and the current amendments continue to be effective for existing users.
While any current CoC users may comply with the new requirements in
Amendment No. 5, this would be a voluntary decision on the part of
current users. For these reasons, Amendment No. 5 to CoC No. 1031 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 issue finality
criteria in 10 CFR part 52 has been prepared by the staff.
XIII. Congressional Review Act
This action is not a major rule as defined in the Congressional
Review Act (5 U.S.C. 801-808).
XIV. 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./
web link/
Document Federal
Register
citation
------------------------------------------------------------------------
Proposed CoC No. 1031, Amendment No. 5................. ML14216A197
Proposed TS, Appendix A................................ ML14216A257
Proposed TS, Appendix B................................ ML14216A270
Preliminary SER........................................ ML14216A310
Request to Amend Reference 1 Dated December 19, 2013... ML13361A144
Request to Amend Reference 3 Dated March 19, 2014...... ML14079A525
Request for Additional Information (RAI) Dated May 15, ML14140A239
2014..................................................
Supplemental Information for Proposed Action Dated June ML14170A032
13, 2014..............................................
------------------------------------------------------------------------
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-2014-0261. 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-2014-0261); (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; 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: 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. 549 (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. In Sec. 72.214, Certificate of Compliance No. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009.
Amendment Number 1 Effective Date: August 30, 2010.
Amendment Number 2 Effective Date: January 30, 2012.
Amendment Number 3 Effective Date: July 25, 2013.
Amendment Number 4 Effective Date: April 14, 2015.
Amendment Number 5 Effective Date: June 29, 2015.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.
Model Number: MAGNASTOR[supreg].
* * * * *
Dated at Rockville, Maryland, this 29th day of January, 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-08679 Filed 4-14-15; 8:45 am]
BILLING CODE 7590-01-P
