ML20205F335

Forwards Documents of Relevance to Reg History for Proposed Rule 10CFR72 Re NRC Proposing to Amend Regulations to Add HI-STAR Fuel Storage Cask Design to Approved List of Spent Fuel Storage Casks

ML20205F335
Person / Time
Issue date:	04/06/1999
From:	Turel S NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	NRC
Shared Package
ML20205F339	List: ML20205F335 ML20205F401
References
FRN-64FR1542, RULE-PR-72 AG17-1-001, AG17-1-1, NUDOCS 9904060183
Download: ML20205F335 (44)

Text

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AG17-1 PDR MEMORANDUM TO:

NUDOCS

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FROM:

Stan Turel

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NMSS

SUBJECT:

LIST OF APPROVED SPENT FUEL STORAGE CASKS:

ADDITION (10 CFR PART 72)

Attached are documents of central relevance to the :ubject rulemaking as pan of the established procedures for ensuring that a complete regulatory history is compiled. The rulem.tking that amends its reguhtions to cdd the Holtec International Hi-Star 100 cask system ( Hi-Star) to the List of Approved Spent Fuel Storage Casks, was published on January 11,1999 (64 FR 1542).

The following is a listing of the attached documents comprising the regulatory history of the subject proposed rulemaking.

1.

Draft press release "NRC Proposes to Amend Regulations to Add Hi-Star Fuel Storage Cask Design to Approved List."

2.

Congressional Letters - Inform Congress about rulemaking.

3.

Daily Staff Notes - Draft - Inform Commission about rulemaking.

4.

Environmental assessment and finding of no significant impact on proposed amendment to 10 CFR Part 72 " Licensing Requirements for the Independent Storage of Spent Nuclear Fuel And High-level Radioactive Waste" 5.

Federal Register Notice of Proposed Rule - Nuclear Regulatory Commission -

10 CFR Part 72 - RIN 3150-AG 17 " List of Approved Spent Fuel Storage Casks:

Addition."

6.

Memorandum from the Director of NMSS to the EDO - for signature - proposed rule

" Proposed Rule to Amend 10 CFR Part 72 List of Approved Spent Fuel Storaoa Casks."

7.

Draft press release "NRC Proposes to Amend Regulations to Add Hi-star Fuel Storage Cask Design to Approved List."

I 8.

Notice that the proposed rule was approved for publication by the EDO.

9.

Certificate of Compliance (CoC) and Safety Evaluation Report (SER) added to 10CFR

/.h Part 72.

10.

SRM allowing the staff to do a series of rulemakings to add to and revise 10 CFR Part 72

- Licens!ng Requirements for the Independent Storages of Spent Nuclear Fuel And High-level Radioactive Waste" without the use of a R alemaking Plan.

9904060183 990406 I

PDR.PR 72 64FR158.

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AG17-1 PDR DRAFT PRESS RELEASE NRC PROPOSES TO AMEND REGULATIONS TO ADD HI-STAR FUEL STORAGE CASK DESIGN TO APPROVED LIST The Nuclear Regulatory Comm ssion is proposing to amend its regulations to add an additional fuel storage cask design to those that utilities can use-under a general license and without site-specific approval-to store spent fuel at their nuclear power plants.

The new design is the Holtec International Hi-Star 100 cask system (Hi-Star),

manufactured by Holtec International Inc., of Marlton, NJ. It can contain up to 24 pressurized water reactor fuel assemblies or 68 boiling water ieactor fuel assemblies.

Under the terms of an NRC general license, sny nuclear powe, reactor licensee can use a pre-approved cask if the company notifies the NRC in advance, meets the conditions of the cask's NRC certificate of compliance (CoC) and complies with NRC's regulations, including a requirement to ensure that the reactor site characteristics and potential site-boundary radiation doses are within the scope of the cask s safety analysis report and the reactor license.

Eight cask designs have previously been approved for use under a general license. The Hi-Star certificate would contain conditions for use that are similar to those for other NRC-approved casks. However, the certificate for each cask design may differ in some specifics, such as operating procedures, training exercises and spent fuel specitications.

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AG17-1 PDR The NRC staff has issued c sliminary safety evaluation report which finds that, if the l

conditions specified in the CoC an. a.!, adequate protection of public health and safety will be l

maintained. The staff's draft environmental assessinent determined that use of the Hi-Star cask l

l design on reactor sites would have no F.ignificant incremental impacts on the environment.

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The certificate would expire in 20 years unless it is renewed.

Interested persons are invited 'to submit written comments on the proposed amendments to the regulations within 75 days after publication of a Federal Reaister notice on this subject, l

expected shortly. The comments should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Rulemakings and Adjudications Staff. ' Comments may also be submitted via the NRC's interactive rulemaking Web site through the NRC's home page at http://www.nrc. gov.

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4 UNITED STATES j

NUCLEAR REGULATORY COMMISSION AG17-1 "o,,

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%,***-**j The Honorable Joe L. Barton, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) intends to publish, a proposed rule in the Federal Reoister. that would amend the " List of Approved Spent Fuel Storage Casks" (10 CFR 72.214). NRC is proposing to approve the Holtec International Hi-Star 100 cask system for storage of sp3nt fuel under the conditions specified in the draft Certificate of Compliance (CoC).

This cask, wher used in accordance with the cor ;itions specified in the CoC and NRC regulations, will meet the requirements of 10 CFR Part 72; thus, adequate protection of the public health and safety would be ensured. Thic cask is being proposed for listing under 10 CFR 72.214, " List of Approved Spent Fuel Storage Casks" to allow holders of power reactor i

operating licenses to store spent fuel in this cask system, under a general license. The CoC would terminate 20 years after the effective dnte of the final rule listing the cask in 10 CFR l

72.214, unless the ca s CoC is renewed. The certificate contains conditions for use similar to those for other NRC-approved casks. However, the CoC for each cask system may differ in some specifics-such as certificate number, operating procedures, training exercises, and spent fuel specification.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs I

Enclosure:

Federal Reoister Notice l

cc: Representative Ralph M. Hall e

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AG17-1 PDR The Honorable Joe L. Barton, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515 1

Dear Mr. Chairman:

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The U.S. Nuclear Regulatory Commission (NRC) intends to publish, a proposed rule in the Federal Reaister, that would amend the " List of Approved Spent Fuel Storage Casks" (10 CFR 72.214). NRC is proposing to approve the Holtec International Hi-Star 100 cask system for storage of spent fuel under the conditior.s specified in the draft Certificate of Compliance (CoC).

j This cask, when used in accordance with the conditions specified in the CoC and NRC i

regulations, will meet the requirements of 10 CFR Part 72; thus, adequate protection of the public health and safety would be ensured. This cask is being proposed for listing under 10 CFR 72.214," List of Approved Spent Fuel Storage Casks" to allow holders of power reactor operating licenses to store spent fuelin this cask system, under a generallicense. The CoC would terminate 20 years after the effective date of the final rule listing the cask in 10 CFR 72.214, unless the cask's CoC is renewed. The certificate contains conditions for use similar to those for other NRC-approved casks. However, the CoC for each cask system may differ in some specifics-such as certificate number, operating procedures, training exercises, and spent fuel specification.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Reaister Notice cc: Representative Ralph M. Hall identical Letter sent to The Hc norable James M. Inhofe with cc: to Senator Bob Graham DISTRIBUTION:(0:\\TUREL\\SPNTFUEL\\HOLTEC\\CONGLTR.WPD) *see previous concurrences RGordon r/f IMNS Central File Ticket No. 980461 NMSS r/f OCA r/f NRC Central Files RGordon c'f PHolahan CGallagher CPoland DMendiola l

To receive a copy of this document, indicate in the box "C" = copy without attachment / enclosure,"B" = copy with attachment / enclosure, "N"

= No copy Proofed by EKraus 9/23/98 *See previous concurrence OFFICE:

RGB!IMNS RGB/IMNS Editor D/IMNS/NMSS*

NAME:

STural: rg*

JPlecone*

EKraus*

DCool DATE:

10 /2 /98 10/2198 9/ 23/98 12/7/98 OFFICE:

D/NMSS D/OCA NAME:

CPaperiello DKRathbun L

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-1 UNITED STATES g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 @ 01 AG17-1 PDR DATE:

1 198 OFFICIAL RECORD COPY NMSS FILE CODE NO.:

The Honorable James N. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) intends to publish, a proposed rule in the Federal Reaister, that would amend the " List of Approved Spent Fuel Storage Casks" (10 CFR 72.214). NRC is proposing to approve tt ~; Holtec International Hi-Star 100 cask system for storage of spent fuel under the conditions specified in the draft Certificate of Compliance (CoC).

This cask, when used in accordance with the conditions specified in the CoC and NRC regulations, will meet the requirements of 10 CFR Part 72; thus, adequate protection of the public health and safety would be ensured. This cask is being proposed for listing under 10 CFR 72.214, " List of Approved Spen.t Fuel Storage Casks" to allow holders of power reactor operating licenses to store spent fuel it. this cask system, under a generallicense. The CoC would terminate 20 years after the effer tive date of the final rule listing the cask in 10 CFR 72.214, unless the cask's CoC is renewed. The certificate contains conditions for use similar to those for other NRC-approved casks. However, the CoC for each cask system may differ in some specifics-such as cenificate number, operating procedures, training exercises, and spent fuel specification.

Sincerely, Dennis K. Fathbun, Director Office of Congressional Affairs

Enclosure:

Federal Reaister Notice cc: Senator Bob Graham

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1 AG17-1 4

PDR DAILY STAFF NOTES OFFICE OF NUCLEAR MATERIALS SAFETY AND SAFEGUARDS Proposed Rule Sianed by EDO On

[yyyy], the Executive Director for Operations approved a proposed rule which amends 10 CFR Part 72, List of Approved Spent Fuel Storage Casks by adding to the list of approved spent fuel storage casks. This amendment would allow the holders of power reactor operating licenses to store spent fuel in the approved casks under a general license.

This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this proposed rule cad proposes to forward it on

, to the Office of the Federal Register for publication, unless otherwise directed by the Commission.

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AG17-1 PDR I

1 Name of File: O:\\TUREL\\SPNTFUEL\\HOLTEC\\COCDAILY.WPD i

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M AG17-1 PDR ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT ON PROPOSED AMENDMENT TO 10 CFR PART 72

" LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR

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FUEL AND HIGH-LEVEL RADIOACTIVE WASTE" Office of Nuclear Materials Safety and Safeguards U.G. Nuclear Regulatory Commission December 1998

1. THE PROPOSED ACTION The proposed action is to amend 10 CFR Part 72 to add a cask to the list of NRC-approved casks. The proposed action would provide a greater selection of NRC-approved i

casks for the storage of spent nuclear fuel at commercial nuclear power reactor sites under a general license without the need for additional site-specific approvals. These casks can be relied on to provide safe confinement of spent fuel at any reactor site when used in accordance with their certificates of compliance. In order to use an NRC-approved cask, the reactor licensee must ensure that the reactor site parameters and potential site-boundary doses are within the scope of the cask safety analysis report and reactor license.

11. THE NEED FOR THE PROPOSED RULEMAKING This rule is needed to add a cask to the " List of Approved Spent Fuel Storage Casks"in j

10 CFR 72.214. Holtec International has requested a certificate of compliance for the Holtec international Hi-Star 100 cask system in accordance with the procedures in 10 CFR Part 72, i

AG17-1 PDR Subpart L for obtaining NRC approval of new spent fuel storage cask designs. The NRC has comoleted a draft safety evaluation report for the cask, and based upon that evaluation has determined that commercial nuclear power reactors will be able to use the cask under a general license after the cask is listed in 10 CFR 72.214.

111. ENVIRONMENTAL IMPACTS OF PROPOSED ACTION There are over 30 years of experience with dry storage of spent fuelin the United States and other countries. The environmental impacts associated with storage of light water reactor (LWR) spent fuel (including dry storage) have been previously considered in other NRC rulemakings and licensing actions on which this assessment is tiered. In a proceeding entitled

" Review and Final Revision of Waste Confidence Decision," published in the Federal Reaister on September 18,1990 (55 FR 38474), the NRC found " reasonable assurance that, if necessary, spent fuel generated in any reactor can be stored safely and without significant environmentalimpacts for at least 30 years beyond the li ensed life for operation (which may include the term of a revised or renewed license) of that reactor at its spent fuel storage basin, or at either onsite or offsite independent spent fuel storage installations." The " Environmental Assessment for 10 CFR Part 72 ' Licensing Requirements for the Independent Storage of Spent Fuel and High-Level Radioactive Waste,'" NUREG-1092' (August 1984), and the 2 Copies of NUREG-1092 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20013-7082. Copies are also available from the National Technical Information Service,5285 Port Royal Road, Springfield, VA 22161. A copy is also available for inspection and/or copying at the NRC Local Public Document Room,2120 L Street, NW. (Lower Level), Washington, DC.

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AG17-1 PDR Supplementary Information of a proposed rule published in the Federal Reoister on May 27, 1986 (51 FR 19106), contain specific analyses showing that the potential environmental impacts from dry storage of spent fuel in casks are small. The " Environmental Assessment for Proposed Rule Entitled ' Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites" for the proposed rule published in the Federal Reaister on May 5,1989 (54 FR 19379), discussed the environmentalimpact of dry cask storage and the finding of no significant impact.

The major non-radiation environmental impacts for dry cask storage of spent fuel would i

be those related to fabrication of the casks. The steel required for these casks is expected to have very little impact on the steel industry. The amounts of lead and iron needed would not j

i have significant incrementalimpacts on the mining and use of these metals. For concrete casks the amount of concrete required would be small compared to industrial and construction uses.

i The amount of plastic, most commonly polyethylene used as a neutron shield, would not be more than abat a ton per cask and would be insignificant compared to the millions of tons produced annually, incremental impacts caused by the operation of dry cask storage of spent fuel under a generallicense are not considered significant. No effluents are expected from the sealed dry storage casks. However, activities associated with cask loading and decontamination may result in some small incremental liquid and gaseous effluant. These operations will be conducted under 10 CFR Part 50 reactor operating licenses, and effluents will be controlled to be within existing reactor technical specifications. Because of the relatively large reactor sites, any incremental doses offsite due to direct radiation exposure from the spent fuel storage casks 3

AG17-1 PDR are expected to be small and when combined with the contribution from reactor operations will be well within the 25 mrem /yr limit to the whole body specified in 10 CFR 72.104. Incremental impacts in collective occupational exposure due to dry cask storage of spent fuel under a general license are expected to be only a small fraction of that occurring from operation of the nuclear power station.

During the promulgation of the amendments adding the new Subpart K to 10 CFR Part 72 (55 FR 29181; July 18,1990), the NRC staff assessed public health consequences of dry cask storage accidents ("A Regulatory Analyses on Emergency Preparedness for Fuel Cycle and Other Radioactive Material Licensees, "NUREG-1140 [' June 1985L. The NRC staff also assessed public health consequences from acts of radiological sabotage and concluded that, to be successful, it would have to be carried out with the aid of explosives. Public health consequences from an explosive sabotage event would stem almost exclusively from the release of respirable particles. In an NRC study, an experiment was carried out to evaluate the effects of a severe, perfectly executed sabotage scenario against a simulated storage cask containing spent fuel assemblies. The whole-body dose to an offsite individual was calculated based on the release data and found to about 1 rem. The experiment and calculations led to the conclusion oilow public health consequences. As a result of these evaluations, the NRC staff determined that because of the physical characteristics of the storage casks and the conditions of storage that include specific security provisions, the potential risk to public health and safety due to accidents or sabotage is extremelv small.

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Decommissioning dry cask spent fuel storage under a general license would be carried

. out as part of the power reactor site decommissioning plan. It would consist of removing the

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' spent fuel from the site and decontaminating cask surfaces. The casks would then be released i.

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for re-use or disposal. No residual contamination is expected to be left behind on supporting I

l' structures. The incremental cost associated with decommissioning is expected to represent a l:

small fraction of the cost of decommissioning an entire nuclear power station.

Because this amendment to 10 CFR Part 72 will not change the existing safety and environmental requirements for the storage of spent nuclear fuel, and because dry cask spent fuei storage under a general license will still have to meet these requirements, no change in environmentalimpact is anticipated. In previous rulemaking proceedings, the NRC determined that compliance with the requirements of 10 CFR Part 72 would ensure adequate protection of public health and safety. The NRC, through a safety evaluation report for the cask in this i

rulemaking, has determined that if the conditions specified in the certificate of compliance are.

met, adequate protection of public health and safety will be maintained. Based on the above assessment, the NRC finds that adding this dry spent fuel storage cask to the list of approved l

storage casks will not have a significant environmental impact.

IV. ALTERNATIVES TO THE PROPOSED ACTION (RULEMAKING)

Because the NRC has determined that there are no significant environmental impacts associated with this action, any alternative with equal or greater environmental impacts need not i

be evaluated.

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r-AG17-1 PDR The principal alternatives available to the NRC would be proceduralin nature, whereby dry cask spent fuel storage could be approved under other existing or new parts of Title 10, Code of Federal Regulations. Regardless of the method selected to approve such dry cask spent fuel storage, all would have similar environmental impacts.

The NWPA directed that the NRC approve one or more technologies that have been developed and demonstrated by DOE for the use of spent fuel storage at the sites of civilian

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i nuclear power reactors without the need for additional site-specific review to the extent i

practicable. The NWPA also directed that the NRC set forth procedures for licensing the technology by rulemaking. Regulations for accomplishing this are in place. Therefore, the no l

action alternative is unacceptable.

Alternative spent fuel storage technologies exist. However, at this time, the NRC considers them neither sufficiently demonstrated nor practicable for use under the general license provisions of Subpart K of 10 CFR Part 72 without additional site-specific reviews. If other storage technologies beceme more amenable to this type of action, they could be I

considered at a later time.

V. ALTERNATIVE USE OF RESOURCES The only irreversible commitments of resources determined in this assessment were those materials needed for the casks.

i VI. AGENCIES AND PERSONS CONTACTED 6

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l No agencies or persons outside the NRC were contacted in connection with the l

preparation of this environmental assess. ; ant.

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l Vll. FINDING OF NO SIGNIFICANT IMPACT Based on the foregoing environmental assessment, the NRC concludes that this rulemaking entitled " List of Approved Spent Fuel Storage Casks: Addition," will not have a l

significant incremental effect on the quality of the human environment. Therefore, the NRC has decided not to prepare an environmental impact statement for this rulemaking.

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7 AG17-1 PDR Name of File: O:\\TURELSPNTFUEL\\HOLTEC\\GENCOCEA.WPD 8

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[7590-01-P]

AG17-1 PDR NUCLEAR REGULATORY COMMISSION I

10 CFR Part 72 RIN 3150-AG 17 List of Approved Spent Fuel Storage Casks: Addition AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to add the Holtec International Hi-Star 100 cask system (Hi-Star) to the List of Approved Spent Fuel Storage Casks. This amendment will allow the holders of power reactor operating licenses to store spent fuel in the Hi-Star cask system under a general license.

DATES: The comment period expires (insert 75 days from date of publication). Comments received after this date will be cor.sidered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attn: Rulemakings and Adjudications Staff. Hand deliver comments to 11555 Rockville Pike, Rockville, MD, between 7:45 am and 4:15 p.m. on Federal workdays.

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AG17-1 PDR You may also provide comments via the NRC's interactive rulemaking Web site through the NRC's home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For inforrnation about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-5905; e-mail CAG@nrc. gov.

Certain documents related to this rulemaking, including comments received by the NRC, may be examined at the NRC Public Document Room,2120 L Street NW. (Lower Level),

Washington, DC. These documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for this rulemaking.

l FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234, e-mail, spt@nrc. gov or Philip Brochman, telephone (301) 415-8592, e-mail, pgb@nrc. gov of the Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

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Background

Section 218(a) of the Nuclear Waste Pol icy Act of 1982, as amended, (NWPA) directs that, "[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration 2

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I program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor tites, with the objective of establishing one or more technologies l

i that the (Nuclear Regulatory) Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission." Section 133 of the NWPA states, in part, that "[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by I

the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor."

To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license, publishing a final rule on July 18,1990 in 10 CFR 3

Part 72 entitled " General License for Storage of Spent Fuel at Power Reactor Sites" (55 FR 29181,1990). This rule also established a new Subpart L within 10 CFR Part 72 entitled

" Approval of Spent Fuel Storage Casks," containing procedures and criteria for obtaining NRC approval of dry storage casks designs. Dry storage cask systems are massive devices designed to provide shielding from direct exposure to radiation, to confine the spent fuel in a safe storage condition, and to prevent releases of radioactive material to the environment. They are designed to perform these tasks by relying on passive heat removal and confinement systems without moving parts and with minimal relin~, on human intervention to safely fulfill their function for the term of storage. The 1990 rulemaking listed four casks in 10 CFR 72.214 Subpart K as approved by the NRC for storage of spent fuel at power reactor sites under general license by persons authorized to possess or operate nuclear power reactors.

Discussion 3

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AG17-1 PDR This proposed rulemaking would add the Holtec International Hi-STAR 100 cask system I

to the list of NRC approved casks for spent fuel storage in 10 CFR 72.214. Following the procedures specified in 10 CFR 72.230 of Subpart L, Holtec International submitted an application for NRC approval, together with its Safety Analysis Report (SAR): "Hi-STAR 100 Cask System Topical Safety Analysis Report (TSAR), Revision 8" dated June 18,1998. The NRC evaluated the Holtec International submittal and issued a preliminary Safety Evaluation Report (SER) on the Holtec International SAR and a proposed certificate of compliance (CoC) for the Holtec International Hl-STAR 100 cask system.

The NRC is proposing to approve the Holtec International HI-STAR 100 cask system for storage of spent fuel under the conditions specified in the proposed CoC. While the HI-STAR 100 cask system is designed to be used as a dual purpose storage and transportation cask, the use or certification of the HI-STAR 100 under 10 CFR Part 71 for off-site transport of spent fuel is not a subject of this rulemaking. Certification for transportation could occur only after the completion of a separate staff review of the HI-STAR 100 Safety Analysis report for transportation. Thus, issues pertaining to the transportation configuration of the HI-STAR 100 cask system are not within the scope of this rulemaking.

The HI-STAR 100 cask system, when used in accordance with the conditions specified in the CoC and NRC regulations, will meet the requirements of 10 CFR Part 72; thus, adequate protection of public health and safety would be ensured. This cask is being proposed for listing under 10 CFR 72.214, " List of Approved Spent Fuel Storage Casks" to allow holders of power reactor operating licensees to store spent fuelin this cask under a general license. The CoC would terminate 20 years after the effective date of the final rule listing this cask in 10 CFR 4

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AG17-1 PDR 72.214, unless the cask's CoC is renewed. The certificate contains conditions for use similar to those for other NRC approved casks, however, the CoC for each cask system may differ in some specifics-such as, certificate number, operating procedures, training exercises, spent fuel specification. The proposed CoC for the Holtec International Hi-STAR 100 cask systern and the underlying preliminary SER, deted December 15,1998, are available for inspection and ccenmerit at the NRC Public Document Room,2120 L Street, NW. (Lower Level), Washington, DC. Single copies of the proposed CoC may be obtained from Stan Turel, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6234, email spt@nrc. gov.

Future Rulemaking Procedures The Holtec International Hi-STAR 100 cask system would become the eighth cask system added to 10 CFR 72.214 list through the process of notice-and-comment rulemaking.

Because the NRC believes the additions and revisions to the list of approved spent fuel storage casks are noncontroversial and routine, NRC is considering publishing future additions and revisions as direct final rules. Direct final rulemaking is a technique for expediting the issuance of noncontroversial rules. If the NRC implements this procedurr[in future rulemakings adding cask systems to the 10 CFR 72.214 list, the NRC would publish the proposed addition or revision to the list as both a proposed and a final rule in the Federal Register simultaneously. A direct final rule will normally become effective 75 days after publication in the Federal Register.

However, if the NRC receives significant adverse comments on the direct final rule within 30 5

AG17-1 PDR days after publication in the Federal Register, the NRC will publish a document that v/ithdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received as comment:, on the proposed rule and will subsequently issue a final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period in the event the direct final rule is withdrawn. The NRC is requesting comments on the use of direct final rules for future additions and revisions to the list of approved spent fuel storage casks.

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T AG17-1 PDR Errata to the Proposed Certificate of Compliance (CoC) Preliminary SER During NRC management review of the proposed CoC (docketed September 30,1998, and placed in the NRC PDR) a question was identified on the 6,000 psi limit in Technical Specification 4.4.6.d, " Soil effective modulus of elasticity." The question related to whether the 6,000 psi limit was too narrow and whether this limit would unnacessarily restrict which reactor sites could use the Hi-STAR 100 cask. NRC staff evaluated. this issue and requested the applicant provide additionalinformation. The applicant subsequently submitted additional information and supporting analysis and requested that the soil effective modulus of elasticity limit be raised to 28,000 psi. NRC staff verified that if a 28,000 psilimit was used, the maximum cask deceleration occurring in the cask tip-over, side drop, and bottom-end vertical-drop 1

accident analyses would remain bounded by the existing SER analyses.

Finding of No Significant EnvironmentalImpact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The rule is mainly administrative in nature. It would not change sr'7ty requirements and would not have significant environmentalimpacts. The proposed rule would add a cask known as the Holtec International Hi-STAR 100 cask system to the list of approved spent fuel storage casks that power reactor 7

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1 AG17-1 PDR licensees can use to store spent fuel at reactor sites without additional site-specific approvals by the NRC. The environmental assessment and finding of no significant impact on which this determination is based 2.re available for inspection at the NRC Public Document Room,2120 L Street NW. (Lower Level), Washington, DC. Single copies of the environmental assessment and finding of no significant impact are available from Stan Turel Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 415-6234, email spt@nrc. gov.

Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150-0132.

Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

Regulatory Analysis 8

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AG17-1 PDR On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR Part 72.

The amendment provided for the storage of spent nuclear fuel under a general license in casks certified by the NRC. Any nuclear power reactor licensee can use NRC-certified casks to store spent nuclear fuel if they notify the NRC in advance, spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the generallicense are met. In that rule, four l

l spent fuel storage casks were approved for use at reactor sites and were listed in 10 CFR 72.214. That rule envisioned that storage casks certified in the future could be added to the listing in 10 CFR 72.214 through rulemaking procedures. Procedures and criteria for obtaining NRC approval of new spent fuel storage cask designs were provided in 10 CFR Part 72, Subpart L Subsequently, two additional casks were added to the listing in 10 CFR 72.214 in 1993 and one in 1994.

The attemative to this proposed action is to withhold certification of this new design and issue a site-specific license to each utility that proposed to use the casks. However, this alternative would cost the NRC more time and money for each site-specific review. In addition, withholding certification would ignore the procedures and criteria currently in place for the addition of new cask designs. Further, it is in conflict with the Nuclear Waste Policy Act (NWPA) direction to the NRC to approve technologies for the use of spent fuel storage at the sites of j

i civilian nuclear power reactors without, to the extent practicable, the need for additional site l

reviews. Also, this alternative is anticompetitive in that it would exclude new vendors without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees.

Approval of the proposed rule would eliminate the above problems. Further, the rule, if adopted, would have no adverse effect on public health and safety.

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AG17-1 PDR The benefit of this proposed rule to nuclear power reactor licensees is to make available a greater choice of spent fuel storage cask designs that can be used under a general license.

However, the newer cask design may have a market advantage over the existing designs

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because power reactor licensees may prefer to use the newer casks with improved features.

The new cask vendors with casks to be listed in 10 CFR 72.214 benefit by having to obtain NRC certificates only once for a design that can then be used by more than one power reactor licensee. Vendors with cask designs already listed may be adversely impacted because power reactor licensees may choose a newly listed design over an existing one. However, the NRC is required by its regulations and the NWPA direction to certify and list approved ; asks.

The NRC also benefits because it will need to certify a cask design only once for use by multiple licensees. Casks approved through rulemaking are to be suitable for use under a range of environmental conditions sufficiently broad to encompass multiple nuclear power plant sites in the United States without the need for further site-specific approval by NRC. This proposed rulemaking has no significant identifiable impact or benefit on other Government agencies.

Based on the above discussion oi tne benefits and impacts of the alternatives, the NRC concludes that the requirements of the proposed rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended.

Regulatory Flexibility Certification in accordance with the Regulatory Flexibility Act of 1980, (5 U.S.C. 605(b)), the NRC l

10 1

AG17-1 PDR certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This proposed rule affects only the licensing and operation

)f nuclear power plants, independent spent fuel storage facilities, and cask vendors. The companies that own these plants do not fall within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.

Backfit Analysis The NRC has determined that the backfit rule (10 CFR 50.109 or 10 CFR 72.62) does not apply to this proposed <:.le, and thus, a backfit analysis is not required for this proposed rule because this amendment does not involve any provisions that would impose backfits as defined in the backfit rule.

List of Subjects in 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 10 CFR part 72.

11

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.l AG17-1 PDR PART 72-LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF l

SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE l

The authority citation for Part 72 continues to read as follows:

I AUTHORITY: Secs. 51, b3, 57, 62, 63, 65, 69, 81,161,182,183,184,186,187,189, 68 I

Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234,83 Stat. 444, as i

amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, l

2234,2236,2237,2238,2282); sec. 274, Pub. L,86-373,73 Stat. 688, as amended (42 U.S.C.

I 2021); sec. 201, as amended, 202,206,88 Stat.1242, as amended, 1244,1246 (42 U.S.C.

5841, 5842, 5846); Pub. L.95-601, sec 10, 92 Stat. 2951 as amended by Pub. L.10d - 48b, j

sec. 7902,10b Stat. 31b3 (42 U.S.C. 5851); sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C.

4332); s+ us.131,132,133,135,137,141, Pub. L.97-425,96 Stat. 2229,2230,2232,2241, sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155,10157, 10161,10168).

Section 72.44(g) also issued under secs.142(b) and 148(c), (d), Pub L. 100-203,101 Stat.1330-232,1330-236 (42 U.S.C.10162(b),10168(c),(d)). Section 72.46 also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425,96 Stat. 2230 (42 U.S.C.

10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),141(h), Pub.

L.97-425,96 Stat. 2202,2203,2204,2222,2244, (42 U.S.C.10101,10137(a),10161(h)).

Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec.

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,( In Fictioa 72.214, Certificate cf Compliance (CoC) 1008 is added to read as follows:

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6 72.214 List of aooroved spent fuel storaae casks.

Certificate Number: 1003 i

SAR Submitted by: Holtec International l

SAR

Title:

HI-STAR 100 Cask System Topical Safety Analysis Report (TSAR), Revision 8 Docket Number: 72-1008 Certification Expiration Date: (20 years after final ru!a effective date)

Model Numbers: Hl-STAR 100 l

i Dated at Rockville, Maryland, this day o_f

,1998.

For the Nuclear Regu'rMry Commission William D. Travers, Executive Director for Operations.

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l AG17-1 PDR MEMORANDUM TO:

William D. Travers Executive Director for Operations FROM:

Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards SUBJECT; PROPOSED RULE TO AMEND 10 CFR PART 72 LIST OF APPROVED SPENT FUEL STORAGE CASKS Attached for your signer is a proposed rule (Attachment 2) amending U.S. Nuclear Regulatory Commission (NRC) regulations, by adding another cask system to the " List of Approved Spent Fuel Storage Casks." This amend.nent would allow the holders of power reactor operating licenses to store spent fuel in the Holtec International Hi-Star 100 cask system under a generallicense. In its Staff Requirements Memorandum (September 3,1998)

(Attachment 1) for SECY-98-188, the Commission approved the simplification of the rulemaking process for the certificate of compliance (CoC) rulemakings by agreeing that future CoC rulemakings will not need a rulemaking plan. The Commission also directed the staff to seek public comments in the Federal Register notice regarding a proposal to begin using the direct final rule process for rulemakings of this type in its next rulemaking.

Backaround: NRC is proposing to approve the Holtec International Hi-Star 100 cask system, for storage of spent fuel under the conditions specified in the proposed CoC. This cask, when used in accordance with the conditions specified in the CoC and NRC regulations, will meet the i

requirements of 10 CFR Part 72; thus, adequate protection of public health and safety would be ensured.

Notices: The appropriate Congressional committees will be notified (Attachment 3). A notice to the Commission that the Executive Director for Operations has signed the attached Federal Register notice is attached for inclusion in the " Daily Staff Notes"(Attachment 4). The

" Approved for Publication"is also attached (Attachment 5).

Resources: No additional resources will be needed to implement this rule.

CONTACT: Stan Turel, NMSS/IMNS (301) 415-6234

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Coordination: The Offices of Administration, Enforcement, and State Programs concur with 1

these amendments. The Office of the General Counsel has no legal objection. The Office of the

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Chief Financial Officer has reviewed the proposed rule for resource implications and has no j

objections. The Office of the Chief Information Officer has reviewed the proposed rule for

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information technology and information management implications and concurs in it.

I Attachments:

1

1. SRM for SECY-98-188 l

2. FRN of Proposed Rulemaking

3. Congressional Letters j

4. " Daily Staff Notes" 1

5. " Approved for Publication"

6. Environmental Assessment

7. Press Release t

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William D. Travers 2

AG17-1 PDR Coordination: The Offices of Administration, Enforcement, and State Programs concur with these amendments. The Office of the General Counsel has no legal objection. The Office of the Chief Financial Officer has reviewed this paper for resource implications and has no objections.

The Office of the Chief Information Officer has reviewed the final rule for information technology l

and information management implications and concurs with it.

Attachments:

1. SRM for SECY-98-188

2. FRN of Proposed Rulemaking l

3. Congressional Letters

4. " Daily Staff Notes"

5. " Approved for Publication"

6. Environmental Assessment

7. Press Release Distribution: NMSS 199800461/EDO 199800151 RGordon/RF LRiani IMNS/ Central File DMendiola NMSS R/F CGallagher NRC Central File PHolahan NMSS Dir. Off. r/f MBridgers, EDO EDO R/F PBrochman CPoland EJacobs-Baynard Fmiraglia DOC NAME: (0:\\TUREL\\SPNTFUELHOLTEC\\NMSS2EDO.WPD) Proofed by EKraus 9/23/98

• See Previous Concurrence CP/PROOPED/DECEMBEM S 1995 "C" = copy without attachment / enclosure, "B" = copy with attachment / enclosure, "N" = No copy OFFICE:

RGB/lMNS RGB/IMNS Editor D/SFPO NAME:

STurel

• JPiccone

• EKraus*

WKane

• OATE:

9 /29 /98 10/2198 9/23 /98 iOI2198 OFFICE:

D/IMNS*

D/CFO D/NRR CIO NAME:

DCool JFunches

• SCollins

• BShelton

• DATE:

12/7/98 10/20/98 11/12/98 10/22/98 OFFICE:

OGC D/OE ADM DINMSS NAME:

JGray

• JLieberman

• DMeyer

• CPaperiello DATE:

11/4/98 10/20/98 11/3/98

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DEDR EDO NAME:

FJMiraglia, Jr.

WDTravers DATE:

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I hl AG17-1 PDR DRAFT PRESS RELEASE NRC PROPOSES TO AMEND REGULATIONS TO ADD Hi-STAR FUEL STORAGE CASK DESIGN TO APPROVED LIST The Nuclear Regulatory Commission is proposing to amend its regulations to add an additional fuel storage cask design to those that utilities can use-under a general license and without site-specific approval-to store spent fuel at their nuclear power plants.

I The new design is the Holtec International Hi-Star 100 cask system (Hi-Star),

manufactured by Holtec International Inc., of Mariton, NJ. It can contain up to 24 pressurized water reactor fuel assemblies or 68 boiling water reactor fuel assemblies.

1 Under the terms of an NRC general license, any nuclear power reactor licensee can use a pre-approved cask if the company notifies the NRC in advance, meets the conditions of the cask's NRC certificate of compliance (CoC) and complies with NRC's regulations, including a 1

requirement to ensure that the reactor site characteristics and potential site-boundary radiatic 1 doses are within the scope of the cask's safety analysis report and the reactor license.

1 Eight cask desig.1s have previously been approved for use under a generallicense. The 1

Hi-Star certificate would contain conditions for use that are similar to those for other NRC-i approved casks. However, the certificate for each cask design may differ in some specifics, such as operating procedures, training exercises and spent fuel specifications.

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i AG17-1 PDR The NRC' staff has issued a preliminary safety evaluation report which finds that, ifihe conditions specified in the CoC are met, adequate protection of public health and safety will be maintained. The staffs draft environmental assessment determined that use of the Hi-Star cask design on reactor sites would have no significant incremental impacts on the environment.

The certificate would expire in 20 years unless it is renewed.

Interested persons are invited to submit written comments on the proposed amendments to the regulations within 75 days after publication of a Federal Reaister notice on this subject,

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expected shortly. The comments should be addressed to the Secretary, U.S. Nuclear Regulatory ComrrJssion, Washington, DC 20555, Attention: Rulemakings and Adjudications Staff. Comments may also be submitted via the NRC's interactive rulemaking Web site through j

the NRC's home page at http://www.nrc. gov.

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AG17-1 PDR Acoroved For Publication The Commission delegated to the EDO (10 CFR 1,31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the limitations in NRC Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213,038,039, and 0310.

The enclosed proposed rule, entitled " List of Approved Spent Fuel Storage Casks: Addition,"

j proposes to amend 10 CFR Part 72 to add the Holtec International Hi-Star 100 cask system to the List of Approved Spent Fuel Storage Casks. This amendment will allow the holders of power reactor operating licenses to store spent fuel in these approved casks under a general license.

This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C concerning matters of policy.1, therefore, find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.

Date William D. Travers, Executive Director for Operations 1

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l Proposed Certificate of Compliance for the Holtec Hi-STAR 100 Cask System Dated: DECEMBER 15,1998 L

A6 nd PDR Proposed Certificate of Compliance FOR DRY SPENT FUEL STORAGE CASKS 10 CFR PART 72 1.

a. CERTIFICATE NUMBER: 1008

b. REVISION NUMBER: O

c. PACKAGE IDENTIFICATION NUMBER: USAr72-1008 l

d. PAGE NUMBER: 1

e. TOTAL NUMBER OF PAGES: 5 2.

PREAMBLE This certificate l' issued to certify that the cask and contents, designated s

in item 5 below, meet the applicable safety standards set forth in Title 10 Code of Federal Regulations, Part 72, " Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste."

3.

CERTIFICATE 1008 is issued on the basis of a review of the Topical Safety Analysis l

Report (TSAR) and the determination that the cask design meets the applicable

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requirements of 10 CFR Part 72, as discussed in the staff's Safety Evaluation Report (SER).

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a.

IDENTIFICATION OF SAFETY ANALYSIS REPORT:

PREPARED BY DOCUMENT TITLE Holtec international Holtec International Inc., Topical Safety Holtec Center Analysis Report for the Hi-STAR 100 555 Lincoln Drive West Cask System (Revision 8)

Marlton, NJ 08053 Holtec Report HI-941184 Docket No. 72-1008 b.

IDENTIFICATION OF SAFETY EVALUATION REPORT:

U.S. Nuclear Regulatory Commission Safety Evaluation Report of Holtec internationalInc., Topical Safety Analysis Report for the Hi-STAR 100 Cask System (Revision 8) 4.

CONDITIONS This certificate is conditiened upon fulfilling the requirements of 10 CFR Part 72, as applicable, the attached technical specifications, and the conditions specified below:

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5.

CASK a.

Model No.:.HI STAR 100 (MPC-24, MPC-68, MPC-68F)

The HI-STAR 100 Cask System is comprised.of the multi-purpose canister (MPC), which contains the fuel, and the overpack which contains the MPC. The two digits afte. the MPC designate the number of reactor fuel assemblies for which the respective MPCs are designed. The MPC-24 is designed to contain up to 24 Pressurized Water Reactor (PWR) fuel assemblies. The MPC-68 is

~ designed to contain up to 68 Boiling Water Reactor (BWR) fuel assemblies..Any MPC-68 containing fuel assemblies with known or suspected defects, such as ruptured fuel rods, severed rods, loose fuel pellets, or which cannot be handled by normal means due to fuel claddirg damage, is designated as MPC-68F. The MPC-24 and the MPC-68 (including the MPC-68F) are identical in extemal dimensions and will fit into the same overpack design.

b.

Description The Hi STAR 100 Cask System which is being certified is described in the TSAR and in NRC's SER accompanying the Certificate of Compliance. The Hi-STAR 100 CASK SYSTEM is a canister system composed of an MPC inside of an overpack. It is designed for both storage and transfer of irradiated nuclear fuel.

A separate transfer cask is not required. Figure 1 depicts the HI-STAR 100 CASK SYSTEM.

The complete HI STAR 100 Cask System for storage of spent nuclear fuelis comprised of two discrete components: the MPC, and the storage / transport

. overpack. The Hi STAR 100 CASK SYSTEM consists of interchangeable MPCs which constitute the confinement boundary for BWR or PWR spent nuclear fuel and an overpack which provides the helium retention boundary, gamma and neutron radiation shielding, and heat rejection capability. All MPCs have identical exterior dimensions which render them interchangeable. A single overpack design is provided which is capable of storing each type of MPC.

The Hl-STAR 100 MPCs are welded cylindrical structures with flat ends. Each MPC is an assembly consisting of a honeycombed fuel basket, a baseplate, canister shell, a lid, and a closure ring. The outer diameter and cylindrical height of each MPC is fixed. However, the number of spent nuclear fuel storage locations in each of the MPCs depends on the fuel assembly characteristics.

The MPC provides the confinement boundary for the stored fuel. The confinement boundary is a seal-welded enclosure constructed entirely of a stainless steel alloy. The inner surfaces of the HI-STAR overpack form an internal cylindrical cavity for housing the MPC. The outer surface of the i

overpack inner shellis buttressed with intermediate shells of gamma shielding.

The fuel transfer and auxiliary equipment necessary for ISFSI operation are not included as part of the Hi STAR 100 CASK SYSTEM reviewed for a Certificate of Compliance under 10 CFR Part 72, Subpart L. Such equipment may include, 2

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but is not limited to, special lifting devices, transfer trailers or equipment, and vacuum drying / helium leak test equipment.

6.

OPERATING PROCEDURES Written operating procedures shall be prepared for cask handling, loading, movement, surveillance, and maintenance. The operating procedures suggested generically in the TSAR were considered appropriate as discusse~d in Chapter 8.0 of the SER and should provide the technical basis for the user's site-specific written operating procedures.

7.

QUALITY ASSURANCE Activities in the areas of design, purchase, fabrication, assembly, inspection, testing, operation, maintenance, repair, modification of structures, systems and components, and decommissioning that are important to safety shall be conducted in accordance with a Commission-approved quality assurance program which satisfies the applicable requirements of 10 CFR Part 72, Subpart G, and which is establisted, maintained, and executed with regard to the cask system.

8.

HEAVY LOADS REQUIREMENTS Each lift of a Hi STAR 100 spent fuel storage cask must be made in accordance with the existing heavy loads requirements and procedures r'f the licensed facility in which the lift is made. The Hi STAR 100 has been reviewed under 10 CFR Part 72 and found to meet NUREG 0612 and ANSI N14.6. However, an additional safety review (under 10 CFR 50.59 or 10 CFR 72.48, if applicable)is required to show operational compliance with NUREG-0612 and/or existing plant specific heavy loads requirements.

9.

EFFICACY OF SOLID NEUTRON ABSOR31NG MATERIALS Pursuant to 10 CFR 72.7, the licensee is hereby exempted from the provisions of 10 CFR 72.124(b) with respect to providing positive means to verify the continued efficacy of the solid neutron absorbing materials, 10.

CHANGES TO THE CASK DESIGN AND PROCEDURES The holder of this Certificate of Compliance who desires to make changes to the cask design or the procedu.<es as described in the Topical Safety Analysis Report, or to change the Certificate of Compliance shall submit an application for amendment of the certificate.

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AUTHORIZATION HI-STAR 100 CASK SYSTEMS,.which are authorized by this certificate, are hereby approved for general use by holders of 10 CFR Part 50 licenses for nuclear reactors at reactor sites under the general license issued pursuant to 10 CFR 72.210, subject to the conditions specified by 10 CFR 72.212, and the attached. Technical Specifications and

conditions for system use.

Effective Date: (month day, year)

Expiration Date: (20 years from effective date)

FOR THE NUCLEAR REGULATORY' COMMISSION hilliam F. Kane, Director Spent Fuel Project Office Office of Nuclear Material Safety i

and Safeguards-

Attachment:

HOLTEC HI-STAR 100 CASK SYSTEM Preliminary Safety Evaluation Report 5

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11.

AUTHORIZATION l-Hi-STAR 100 CASK SYSTEMS, which are authorized by this certificate, are hereby approved for general use by holders of 10 CFR Part 50 licenses for nuclear reactors at l

reactor sites under the generallicense issued pursuant to 10 CFR 72.210, subject to the -

l conditions specified by 10 CFR 72.212, and the attached Technical Specifications and conditions for system use.-

l Effective Date: (month day, year)

Expiration Date: (20 years from effective date)-

FOR THE NUCLEAR REGULATORY COMMISSION William F. Kane, Director Spent Fuel Project Office Office of Nuclear Material Safety 1

and Safeguards

Attachment:

Hi STAR 100 SYSTEM TSAR Technical Specification and Bases for the HOLTEC Hi-STAR 100 Spent Fuel Storage Cask System I

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