ML23156A427
| ML23156A427 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1999 |
| From: | Travers W NRC/EDO |
| To: | |
| References | |
| PR-072, 64FR51187 | |
| Download: ML23156A427 (1) | |
Text
ADAMS Template: SECY-067 DOCUMENT DATE: 09/22/1999 TITLE: PR-072 - 64FR51187 - LIST OF APPROVED SPENT FUEL STORAGE CASKS; (VSC-24) REVISION CASE
REFERENCE:
PR-072 64FR51187 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
DOCKET NO. PR-072 (64FR51187)
In the Matter of LIST OF APPROVED SPENT FUEL STORAGE CASKS:
(VSC-24) REVISION DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 09/20/99 09/03/99 FEDERAL REGISTER NOTICE - DIRECT FINAL RULE
- 11/30/99 11/29/99 FEDERAL REGISTER NOTICE - DIRECT FINAL RULE:
DELAY OF EFFECTIVE DATE (EXTENDED TO JANUARY 5, 2000) 12/27/99 12/17/99 FEDERAL REGISTER NOTICE - DIRECT FINAL RULE; WITHDRAWAL
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 VI RIN 3150-AG36 AD List of Approved Spent Fuel Storage Casks: (VSC-24) Revision; Withdrawal of Direct Final Rule AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; withdrawal.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is withdrawing a direct final rule that would have revised the Pacific Sierra Nuclear Associates (PSNA) VSC-24 cask system listing within the "List of Approved Spent Fuel Storage Casks" to include Amendment No. 1 to the Certificate of Compliance. The NRC is taking this action because it has received significant adverse comments in response to an identical proposed rule which was concurrently published with the direct final rule.
FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone (301) 415-6234 (E-mail: spt@nrc.gov).
SUPPLEMENTARY INFORMATION: On September 22, 1999 (64 FR 51187), the NRC published in the Federal Register a direct final rule a'!1ending its regulations in 10 CFR 72.214 to revise the PSNA VSC-24 cask system listing within the "List of Approved Spent Fuel Storage Casks" to include Amendment No. 1 to the Certificate of Compliance. Amendment No. 1 modifies the present cask system design to permit a licensee to store burnable poison rod
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2 assemblies in VSC-24 casks along with the spent fuel under the provisions of the general license issued under 10 CFR 72.210. The direct final rule was to become effective on December 6, 1999. The NRC also concurrently published an identical proposed rule on September 22, 1999 (64 FR 51270).
In the September 22, 1999, direct final rule, NRC stated that if any significant adverse comments were received, a notice of timely withdrawal of the direct final rule would be published in the Federal Register. As a result, the direct final rule would not take effect.
On December 3, 1999, the NRC published a document extending the effective date of
- the direct final rule from December 6, 1999 to January 5, 2000 (64 FR 67700). The NRC received significant adverse comments on the direct final rule; therefore, the NRC is withdrawing the direct final rule. As stated in the September 22, 1999, direct final rule, NRC will address the comments received on the September 22, 1999, companion proposed rule in a subsequent final rule. The NRC will not initiate a second comment period on this action.
Dated at Rockville, Maryland, this 1 7th day of December , 1999.
- For the Nuclear Regulatory Commission.
Carl J. Pa Acting Executive Director for Operations.
DOCKET N BERp PROPOSED RULE l/2.
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 *99 NOV 30 A8 :Jo RIN 3150-AG36 Or-_,
List of Approved Spent Fuel Storage Casks: (VSb 4) Re°vision, Delay of,-:
Effective Date AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule: Delay of effective date .
SUMMARY
- On September 22, 1999, (64 FR 51187), the NRC published a direct final rule amending its regulations to revise the Pacific Sierra Nuclear Associates (PSNA) VSC-24 cask listing within the "List of Approved Spent Fuel Storage Casks" to include Amendment No. 1 to the Certificate of Compliance. The direct final rule was to have become effective December 6, 1999, absent significant adverse comments. The NRC is delaying the effective date of this action for 30 days to allow it sufficient time to consider the issues raised by public comment.
- EFFECTIVE DATE: The effective date of this final rule has been extended to January 5, 2000.
FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234, e-mail spt@nrc.gov.
Dated at Rockville, Maryland, this2.l.\1a°'ay of November, 1999.
For the Nuclear Regulatory Commission.
~-~
Annette Vietti-Cook, Secretary of the Commission.
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG36 List of Approved Spent Fuel Storage Casks: (VSC-24) Revision AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations revising the Pacific Sierra Nuclear Associates (PSNA) VSC-24 cask system listing within the "List of Approved Spent Fuel Storage Casks" to include Amendment No. 1 to the Certificate of Compliance. Amendment No. 1 will modify the present cask system design to permit a licensee to store burnable poison rod assemblies in the VSC-24 cask system design along with the
- spent fuel under a general license.
LP~,, 1199 DATES: The final rule is effective (79 days af.ter J:)Uelieetio1, i11 ti ,e Fede1 al Register), unless I ) ~ ~:JI /t/e!j'j .
significant adverse comments are received by (~O days aner J:>UBlieatien ir, the FedeFal fitesister). If the effective date is delayed, timely notice will be published in the Federal Register.
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 7:30 am and 4:15 p.m. on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking website through the NRC's home page (http://ruleforum.llnl.gov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-5905; e-mail CAG@nrc.gov.
Certain documents related to this rule, 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 rule.
FOR FURTHER INFORMATION CONTACT: Stan Turel, telephone (301) 415-6234, e-mail spt@nrc.gov, of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 21 B(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that "[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at cMlian nuclear power reactor sites, with the objective of establishing one or more technologies 2
.that the [Nuclear Regulatory] Commission may, by rule. approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission." Section 133 of the NWPA states, in part, that "[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor."
To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRG-approved casks under a general license by publishing a final rule in 10 CFR Part 72 entitled "General License for Storage of Spent Fuel at Power Reactor Sites" {55 FR 29181, July 18, 1990). This rule also established a new Subpart L within 10 CFR Part 72, entitled "Approval of Spent Fuel Storage Casks," containing procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on April I ~
7, 1993 (58 FR 17948) that approved the VSC-24 cask design and added it to the list of NRC-approved cask designs in§ 72.214 as Certificate of Compliance Number (Coe No.) 1007.
Discussion
- On Decemb.er 30, 1998, the certificate holder (Pacific Sierra Nuclear Associates (PSNA)) submitted an* application to the NRC to amend CoC No. 1007 to permit a Part 72 licensee to store burnable poison rod assemblies (BPRAs) with Babcock & Wilcox (B&W) 15 x15 spent fuel assemblies in the VSC-24 cask design. A BPRA is a reactor core component that is inserted inside a fuel assembly during core refueling. BPRAs provide a means of controlling reactor power distribution and do not contain fissile material. No other changes to the VSC-24 cask system design were requested in this application. The staff performed a detailed safety evaluation of the proposed Coe amendment request and found that the addition 3
of the BPRAs to the B&W 15 x15 fuel does not reduce the VSC-24 safety margin. In addition, the staff has determined that the storage of BPRAs in the VSC-24 does not pose any increased risk to public health and safety.
This direct final rule revises the VSC-24 cask design listing in § 72.214 by adding Amendment No. 1 to CoC No. 1007. The amendment consists of changes to the Technical Specifications for the VSC-24 cask design which will permit a Part 72 licensee to store burnable poison rod assemblies (BPRAs) with B&W 15 x15 spent fuel assemblies in a VSC-24 cask system design. The particular Technical Specifications which are changed are identified in the NRC Staff's Safety Evaluation Report for Amendment No. 1.
- The title of the safety analysis report (SAR) will be changed from *Safety Analysis Report for the Ventilated Storage Cask System" to *Final Safety Analysis Report for the Ventilated Storage Cask System." This action is being taken to ensure the SAR title is consistent with the approach taken in new § 72.248, recently approved by the Commission.
Additionally, other minor, nontechnical, changes have ,been made to CoC No. 1007 to ensure consistency with the NRC's new standard format and content for CoCs.
The amended VSC-24 cask system, when used in accordance with the conditions
- specified in the Coe, the Technical Specifications, and NRC regulations, will meet the requirements of Part 72; thus, adequate protection of public health and safety will continue to be ensured.
CoC No. 1007, the revised Technical Specifications, and the underlying Safety Evaluation Report tor Amendment No. 1, dated September 3, 1999, and the Environmental Assessment, are available for inspection at the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC. Single copies of the CoC may be obtained from 4
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.
Discussion of Amendments by Section
§ 72.214 List of approved spent folel storage casks.
Certificate No. 1007 is revised by adding the effective date of the initial certificate, the effective date of Amendment Number 1, and revising the title of the SAR submitted by Pacific Sierra Nuclear Associates to "Rnal Safety Analysis Report for the Ventilated Storage Cask System."
Procedural Background This rule is limited to the changes contained in Amendment 1 to CoC No. 1007 and does not include other aspects of the VSC-24 cask system design. Because NRG considers this amendment to its rules to be noncontroversial and routine, the NRG is using the direct final rule procedure for this rule. The amendment to the rule will become effective on (insert 75 days after publication in the Federal Register). However, if the NRG receives significant adverse comments on the associated proposed rule notice published concurrently in the Federal Register by (insert 30 days after publication in the Federal Register), then the NRC will publish a document that withdraws this action and will address the comments received in response to the amendment. These comments will be addressed in a subsequent final rule.
The NRC will not initiate a second comment period on this action.
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Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The rule would amend the CoC for the VSC-24 cask system within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a generaJ license. The amendment will modify the present cask system design to permit a Part 72 licensee to store burnable poison rod assemblies in the VSC-24 cask system design along with the spent fuel.
The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 2120 L Street NW.
{Lower Level), Washington, DC.' Single copies of the environmental assessment and finding of no significant impact are available fromStan Turel, Office of Nuclear Material Safety and Safeguards, U.S. Nucleari Regulatory Commission, Washington, DC 20555, telephone (301) 415-6234, email spt@nrc.gov.
- Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150-0132.
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Public Protection Notification If a means used to Impose an information collection does not display a currently valid 0MB control number, the NRC may not conduct or sponsor, and a person is not required to
- respond to, the information collection.
Voluntary Consensus Standards The National Technology Transfer Act ot 1995 (Pub. L 104-113} requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus
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standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC would revise the PSNA VSC-24 cask system design listed in § 72.214 (List of NRG-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that establishes generally-applicable requirements.
Plain Language The Presidential Memorandum dated June 1, 1998, entitled "Plain Language in Government Writing," directed that the Government's writing be in plain language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address. listed under the heading "ADDRESSES" above.
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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 NRG-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, 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 NRG-approved cask designs is contained in§ 72.214. On April 7, 1993 (58 FR 17948), the NRC issued an amendment to Part 72 that approved the VSC-24 cask design, added it to the list of NRG-approved cask designs in§ 72.214, and issued CoC No. 1007. On December 30, 1998, the certificate holder (Pacific Sierra Nuclear Associates (PSNA)), submitted an application to the NRC to amend CoC No. 1007 to permit a Part 72 licensee to store burnable poison rod assemblies (BPRAs) with Babcock & Wilcox (B&W) 15 x15 spent fuel assemblies in the VSC-24 cask design.
This rule will permit storage of reactor core components, which are BPRAs that do not contain fissile material, in the VSC-24 cask system. The alternative to this action is to withhold approval of this amended cask system design and issue an exemption to each general license that proposes to use the casks to store BPRAs. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue an exemption.
Approval of the direct final rule will eliminate the above described problem and is consistent with previous Commission actions. Further, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on the above discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the direct final rule are 8
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.
Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has detennined that this action is not a major rule and has verified this determination with the Office of lnfonnation and Regulatory Affairs, Office of Management and Budget.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if promulgated, have a significant economic impact on a r
substantial number of small entities. This direct final rule affects only the licensing and operation of nuclear power plants, independent spent fuel storage facilities, and Pacific Sierra Nuclear Associates. 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.
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Backfit Analysis The NRC has determined thatthe backfit rule (10 CFR 50.109 or 10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined. Therefore, a ~ackfit analysis is not required.
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 adopting the following amendments to 10 CFR Part 72.
PART 72-LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
- 1. The authority citation for Part 72 continues to read as follows:
AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444,
,, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C.
10
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. 1Od - 48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 {42 U.S.C.
--*4332); secs. 131, 132, 133,135,137,141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec.148, Pub. L. 100-203, 101 Stat.1330-235 {42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
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 Linder 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(9)). 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 Kand Lare also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198).
- 2. Section 72.~14, Certificate of Compliance (CoC) 1007 is revised to read as
- follows:
§ 72.214 List of approved spent fuel storage casks.
Certificate Number: 1007 Initial Certificate Effective Date: May 7, 1993 Amendment Number 1 Effective Date: (75 days after publication in the Federal Register)
\
SAR Submitted by: Pacific Sierra Nuclear Associates 11
Title:
Final Safety Analysis Report for the Ventilated Storage Cask System 1
Docket Number: 72-1007 Certificate Expiration Date: May 7, 2013 Model Number: VSC-24 Dated at Rockville, Maryland, this_______ rd"'----- day of Sept. ,1999.
3__
For the Nuclear Regulatory Commission.
w*
Executive Director for Operations.
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