80 FR 20149 - List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® System; Certificate of Compliance No. 1031, Amendment No. 5
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 72 (April 15, 2015)
Federal Register Volume 80, Issue 72 (April 15, 2015)
| Page Range | 20149-20153 | |
| FR Document | 2015-08679 |
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)] [Rules and Regulations] [Pages 20149-20153] From the Federal Register Online [www.thefederalregister.org] [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 http://www.regulations.gov and search for Docket ID NRC-2014-0261. Address questions about NRC dockets to Carol Gallagher, telephone: 301-415- 3463; email: [email protected]. For technical questions, please contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Email comments to: [email protected]. 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: [email protected]. 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 http://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 http://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: [email protected]. 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 http://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 http://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
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Rules and Regulations Federal Register
Vol. 80, No. 72
Wednesday, April 15, 2015
This section of the FEDERAL REGISTER Comments received on this direct final VIII. Environmental Assessment and Finding
contains regulatory documents having general rule will also be considered to be of No Significant Environmental Impact
applicability and legal effect, most of which comments on a companion proposed IX. Paperwork Reduction Act Statement
are keyed to and codified in the Code of rule published in the Proposed Rules X. Regulatory Flexibility Certification
Federal Regulations, which is published under XI. Regulatory Analysis
section of this issue of the Federal XII. Backfitting and Issue Finality
50 titles pursuant to 44 U.S.C. 1510.
Register. XIII. Congressional Review Act
The Code of Federal Regulations is sold by ADDRESSES: You may submit comments XIV. Availability of Documents
the Superintendent of Documents. Prices of by any one of the following methods
new books are listed in the first FEDERAL I. Obtaining Information and
(unless this document describes a Submitting Comments
REGISTER issue of each week.
different method for submitting
comments on a specific subject): A. Obtaining Information
• Federal Rulemaking Web site: Go to Please refer to Docket ID NRC–2014–
NUCLEAR REGULATORY
http://www.regulations.gov and search 0261 when contacting the NRC about
COMMISSION
for Docket ID NRC–2014–0261. Address the availability of information for this
10 CFR Part 72 questions about NRC dockets to Carol action. You may obtain publicly-
Gallagher, telephone: 301–415–3463; available information related to this
[NRC–2014–0261] email: Carol.Gallagher@nrc.gov. For action by any of the following methods:
RIN 3150–AJ50 technical questions, please contact the • Federal Rulemaking Web site: Go to
individual listed in the FOR FURTHER http://www.regulations.gov and search
List of Approved Spent Fuel Storage INFORMATION CONTACT section of this for Docket ID NRC–2014–0261.
Casks: NAC International, Inc., document. • NRC’s Agencywide Documents
MAGNASTOR® System; Certificate of • Email comments to: Access and Management System
Compliance No. 1031, Amendment Rulemaking.Comments@nrc.gov. If you (ADAMS): You may obtain publicly-
No. 5 do not receive an automatic email reply available documents online in the
confirming receipt, then contact us at ADAMS Public Documents collection at
AGENCY: Nuclear Regulatory 301–415–1677. http://www.nrc.gov/reading-rm/
Commission. • Fax comments to: Secretary, U.S. adams.html. To begin the search, select
ACTION: Direct final rule. Nuclear Regulatory Commission at 301– ‘‘ADAMS Public Documents’’ and then
415–1101. select ‘‘Begin Web-based ADAMS
SUMMARY: The U.S. Nuclear Regulatory
• Mail comments to: Secretary, U.S. Search.’’ For problems with ADAMS,
Commission (NRC) is amending its
Nuclear Regulatory Commission, please contact the NRC’s Public
spent fuel storage regulations by
Washington, DC 20555–0001, ATTN: Document Room (PDR) reference staff at
revising the NAC International, Inc.,
Rulemakings and Adjudications Staff. 1–800–397–4209, 301–415–4737, or by
MAGNASTOR® System listing within
• Hand deliver comments to: 11555 email to: pdr.resource@nrc.gov. For the
the ‘‘List of approved spent fuel storage
Rockville Pike, Rockville, Maryland convenience of the reader, instructions
casks’’ to include Amendment No. 5 to
20852, between 7:30 a.m. and 4:15 p.m. about obtaining materials referenced in
Certificate of Compliance (CoC) No.
(Eastern Time) Federal workdays; this document are provided in the
1031. Amendment No. 5 makes
telephone: 301–415–1677. ‘‘Availability of Documents’’ section.
numerous changes to the Technical For additional direction on obtaining • NRC’s PDR: You may examine and
Specifications (TSs) including adding a information and submitting comments, purchase copies of public documents at
new damaged fuel assembly, revising see ‘‘Obtaining Information and the NRC’s PDR, Room O1–F21, One
the maximum or minimum enrichments Submitting Comments’’ in the White Flint North, 11555 Rockville
for three fuel assembly designs, adding SUPPLEMENTARY INFORMATION section of Pike, Rockville, Maryland 20852.
four-zone preferential loading for this document.
pressurized-water reactor fuel B. Submitting Comments
FOR FURTHER INFORMATION CONTACT:
assemblies and increasing the maximum Please include Docket ID NRC–2014–
dose rates in limiting condition for Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, U.S. 0261 in the subject line of your
operation (LCO) 3.3.1, and other comment submission.
editorial changes to Appendices A and Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone: The NRC cautions you not to include
B of the TSs. identifying or contact information that
301–415–3781; email: Solomon.Sahle@
DATES: The direct final rule is effective you do not want to be publicly
nrc.gov.
June 29, 2015, unless significant adverse disclosed in your comment submission.
comments are received by May 15, 2015. SUPPLEMENTARY INFORMATION: The NRC will post all comment
If the direct final rule is withdrawn as Table of Contents submissions at http://
a result of such comments, timely notice www.regulations.gov as well as enter the
mstockstill on DSK4VPTVN1PROD with RULES
of the withdrawal will be published in I. Obtaining Information and Submitting comment submissions into ADAMS.
the Federal Register. Comments Comments
II. Procedural Background
The NRC does not routinely edit
received after this date will be III. Background comment submissions to remove
considered if it is practical to do so, but IV. Discussion of Changes identifying or contact information.
the NRC staff is able to ensure V. Voluntary Consensus Standards If you are requesting or aggregating
consideration only for comments VI. Agreement State Compatibility comments from other persons for
received on or before this date. VII. Plain Writing submission to the NRC, then you should
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![20150 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations
inform those persons not to include (3) The comment causes the NRC staff Amendment No. 5 makes the
identifying or contact information that to make a change (other than editorial) following specific changes to
they do not want to be publicly to the rule, CoC, or TSs. Appendices A and B of the TSs:
disclosed in their comment submission. For detailed instructions on • Page A3–11—Increase the
Your request should state that the NRC submitting comments, please see the maximum surface gamma dose rate for
does not routinely edit comment ADDRESSES section of this document. LCO 3.3.1 from 95 to 120 mrem/hr.
submissions to remove such information • Page A4–1—Change required
III. Background
before making the comment minimum actual areal density for 10B
submissions available to the public or Section 218(a) of the Nuclear Waste from 0.334 g/cm2 to the correct value of
entering the comment into ADAMS. Policy Act (NWPA) of 1982, as 0.0334 g/cm2.
amended, requires that ‘‘the Secretary • Page A4–4—Authorize use of the
II. Procedural Background [of the Department of Energy] shall MAGNASTOR® System at an
This direct final rule is limited to the establish a demonstration program, in independent spent fuel storage
cooperation with the private sector, for installation (ISFSI) where the maximum
changes contained in Amendment No. 5
the dry storage of spent nuclear fuel at design basis earthquake (DBE)
to CoC No. 1031 and does not include
civilian nuclear power reactor sites, acceleration is greater than previously
other aspects of the MAGNASTOR®
with the objective of establishing one or evaluated provided that the ISFSI pad is
System design. The NRC is using the
more technologies that the [Nuclear designed with bollards that prevents a
‘‘direct final rule procedure’’ to issue
Regulatory] Commission may, by rule, cask from overturning and bollards are
this amendment because it represents a
approve for use at the sites of civilian designed, fabricated, and installed such
limited and routine change to an
nuclear power reactors without, to the that they are capable of handling the
existing CoC that is expected to be
maximum extent practicable, the need combined loading of the DBE and any
noncontroversial. Adequate protection
for additional site-specific approvals by contact between the bollard and cask
of public health and safety continues to the Commission.’’ Section 133 of the
be ensured. This amendment to the rule during the DBE.
NWPA states, in part, that ‘‘[the • Page A4–5—Move the lead
will become effective on June 29, 2015. Commission] shall, by rule, establish
However, if the NRC receives significant paragraph and items a through e to page
procedures for the licensing of any A4–5.
adverse comments on this direct final
rule by May 15, 2015, then the NRC will
technology approved by the • Page B2–1—Extend the number of
Commission under Section 219(a) [sic: tables specifying fuel characteristics to
publish a document that withdraws this 218(a)] for use at the site of any civilian
action and will subsequently address Table B2–41.
nuclear power reactor.’’ • Pages B2–2 and B2–4—Add specific
the comments received in a final rule as To implement this mandate, the fuel characteristic tables for WE14×14
a response to the companion proposed Commission approved dry storage of fuel assemblies in Tables B2–25 through
rule published in the Proposed Rule spent nuclear fuel in NRC-approved B2–33 and for CE16×16 fuel assemblies
section of this issue of the Federal casks under a general license by in Tables B2–34 through B2–41; clarify
Register. Absent significant publishing a final rule which added a that the assembly average burnup levels
modifications to the proposed revisions new subpart K in part 72 of Title 10 of are for spent nuclear fuel; and add
requiring republication, the NRC will the Code of Federal Regulations (10 footnote a.
not initiate a second comment period on CFR) entitled, ‘‘General License for • Pages B2–2 and B2–5—Delete
this action. Storage of Spent Fuel at Power Reactor information on order and location of
A significant adverse comment is a Sites’’ (55 FR 29181; July 18, 1990). This empty cells for a basket that is not fully
comment where the commenter rule also established a new subpart L in loaded and add footnote a.
explains why the rule would be 10 CFR part 72 entitled, ‘‘Approval of • Page B2–3—Add footnote a.
inappropriate, including challenges to Spent Fuel Storage Casks,’’ which • Page B2–7—Increase the maximum
the rule’s underlying premise or contains procedures and criteria for decay heat for WE14×14 and CE16×16
approach, or would be ineffective obtaining NRC approval of spent fuel fuel assemblies to 1,800 watts and add
without a change. A comment is adverse storage cask designs. The NRC footnote 2.
and significant if: subsequently issued a final rule on • Page B2–9—Add CE16×16 fuel
(1) The comment opposes the rule and November 21, 2008 (73 FR 70587), that assembly to damaged fuel assembly
provides a reason sufficient to require a approved the NAC International, Inc., portion of the table.
substantive response in a notice-and- MAGNASTOR® System design and • Page B2–10—Revise rod cluster
comment process. For example, a added it to the list of NRC-approved control (RCC) cooling times; add cooling
substantive response is required when: cask designs in 10 CFR 72.214 as CoC times for fuel hardware for three-zone
(a) The comment causes the NRC staff No. 1031. and four-zone loading patterns; add
to reevaluate (or reconsider) its position Tables B2–25 through B2–41 to the note;
IV. Discussion of Changes
or conduct additional analysis; and add footnotes a, b, and c.
By letter dated December 19, 2013, • Pages B2–12 and B2–14—Revise the
(b) The comment raises an issue and as supplemented on March 19, May table (figure) title to indicate more than
serious enough to warrant a substantive 15, and, June 13, 2014, NAC one decay heat loading pattern
response to clarify or complete the International submitted an application definition, add three-zone title, and add
record; or for Amendment No. 5 of CoC No. 1031. four-zone heat load pattern table
(c) The comment raises a relevant The amendment adds a new damaged (figure).
mstockstill on DSK4VPTVN1PROD with RULES
issue that was not previously addressed fuel assembly; revises the maximum or • Pages B2–13 and B2–15—Remove
or considered by the NRC staff. minimum enrichments for three fuel notation showing the canister alignment
(2) The comment proposes a change assembly designs; adds four-zone mark.
or an addition to the rule, and it is preferential loading for pressurized- • Page B2–16—Remove detail on
apparent that the rule would be water reactor fuel assemblies; and description of how to block unused cells
ineffective or unacceptable without increases the maximum dose rates in and indicate that unused cells must be
incorporation of the change or addition. LCO 3.3.1. physically blocked.
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![Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 20153
approved spent fuel storage casks.’’ The ADAMS Section 72.44(g) also issued under Nuclear
revision consists of Amendment No. 5, accession No./ Waste Policy Act secs. 142(b) and 148(c), (d)
which adds a new damaged fuel web link/ (42 U.S.C. 10162(b), 10168(c), (d)). Section
Document
assembly; revises the maximum or Federal 72.46 also issued under Atomic Energy Act
Register sec. 189 (42 U.S.C. 2239); Nuclear Waste
minimum enrichments for three fuel citation Policy Act sec. 134 (42 U.S.C. 10154). Section
assembly designs; adds four-zone new 72.96(d) also issued under Nuclear Waste
preferential loading for pressurized- Supplemental Information for Policy Act sec. 145(g) (42 U.S.C. 10165(g)).
water reactor fuel assemblies; increases Proposed Action Dated Subpart J also issued under Nuclear Waste
the maximum dose rates in LCO 3.3.1; June 13, 2014 ................... ML14170A032 Policy Act secs. 117(a), 141(h) (42 U.S.C.
and makes other editorial changes to 10137(a), 10161(h)). Subpart K also issued
Appendices A and B to the TSs. The The NRC may post materials related under Nuclear Waste Policy Act sec. 218(a)
revised TSs are identified in the SER. to this document, including public (42 U.S.C. 10198).
Amendment No. 5 to CoC No. 1031 comments, on the Federal rulemaking ■ 2. In § 72.214, Certificate of
for the NAC International, Inc., Web site at http://www.regulations.gov Compliance No. 1031 is revised to read
MAGNASTOR® System was not under Docket ID NRC–2014–0261. The as follows:
submitted in response to new NRC Federal rulemaking Web site allows you
requirements, or an NRC request for to receive alerts when changes or § 72.214 List of approved spent fuel
amendment. Amendment No. 5 applies additions occur in a docket folder. To storage casks.
only to new casks fabricated and used subscribe: (1) Navigate to the docket * * * * *
under Amendment No. 5. These changes folder (NRC–2014–0261); (2) click the Certificate Number: 1031.
do not affect existing users of the ‘‘Sign up for Email Alerts’’ link; and (3) Initial Certificate Effective Date:
MAGNASTOR® System, and the current enter your email address and select how February 4, 2009.
amendments continue to be effective for frequently you would like to receive Amendment Number 1 Effective Date:
existing users. While any current CoC emails (daily, weekly, or monthly). August 30, 2010.
users may comply with the new Amendment Number 2 Effective Date:
List of Subjects in 10 CFR Part 72 January 30, 2012.
requirements in Amendment No. 5, this
would be a voluntary decision on the Administrative practice and Amendment Number 3 Effective Date:
part of current users. For these reasons, procedure, Criminal penalties, July 25, 2013.
Amendment Number 4 Effective Date:
Amendment No. 5 to CoC No. 1031 does Manpower training programs, Nuclear
April 14, 2015.
not constitute backfitting under 10 CFR materials, Occupational safety and
Amendment Number 5 Effective Date:
72.62, 10 CFR 50.109(a)(1), or otherwise health, Penalties, Radiation protection,
June 29, 2015.
represent an inconsistency with the Reporting and recordkeeping SAR Submitted by: NAC
issue finality provisions applicable to requirements, Security measures, Spent International, Inc.
combined licenses in 10 CFR part 52. fuel, Whistleblowing. SAR Title: Final Safety Analysis
Accordingly, no backfit analysis or For the reasons set out in the Report for the MAGNASTOR® System.
additional documentation addressing preamble and under the authority of the Docket Number: 72–1031.
issue finality criteria in 10 CFR part 52 Atomic Energy Act of 1954, as amended; Certificate Expiration Date: February
has been prepared by the staff. the Energy Reorganization Act of 1974, 4, 2029.
XIII. Congressional Review Act as amended; the Nuclear Waste Policy Model Number: MAGNASTOR®.
Act of 1982, as amended; and 5 U.S.C. * * * * *
This action is not a major rule as
552 and 553; the NRC is adopting the Dated at Rockville, Maryland, this 29th day
defined in the Congressional Review
following amendments to 10 CFR part of January, 2015.
Act (5 U.S.C. 801–808).
72. For the Nuclear Regulatory Commission.
XIV. Availability of Documents
PART 72—LICENSING Mark A. Satorius,
The documents identified in the REQUIREMENTS FOR THE Executive Director for Operations.
following table are available to INDEPENDENT STORAGE OF SPENT [FR Doc. 2015–08679 Filed 4–14–15; 8:45 am]
interested persons through one or more NUCLEAR FUEL, HIGH-LEVEL BILLING CODE 7590–01–P
of the following methods, as indicated. RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
ADAMS
accession No./ CLASS C WASTE FEDERAL RESERVE SYSTEM
web link/
Document Federal ■ 1. The authority citation for part 72 12 CFR Parts 217, 225, and 238
Register continues to read as follows:
citation [Docket No. R–1509]
Authority: Atomic Energy Act secs. 51, 53,
RIN 1700–AE 30
Proposed CoC No. 1031, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,
Amendment No. 5 ............. ML14216A197 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
Proposed TS, Appendix A .... ML14216A257 2077, 2092, 2093, 2095, 2099, 2111, 2201,
Regulations Q, Y, and LL: Small Bank
Proposed TS, Appendix B .... ML14216A270 2232, 2233, 2234, 2236, 2237, 2239, 2273, Holding Company Policy Statement;
Preliminary SER ................... ML14216A310 2282, 2021); Energy Reorganization Act secs. Capital Adequacy of Board-Regulated
Request to Amend Ref- 201, 202, 206, 211 (42 U.S.C. 5841, 5842, Institutions; Bank Holding Companies;
mstockstill on DSK4VPTVN1PROD with RULES
erence 1 Dated December 5846, 5851); National Environmental Policy Savings and Loan Holding Companies
19, 2013 ............................ ML13361A144 Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Request to Amend Ref- Policy Act secs. 131, 132, 133, 135, 137, 141, AGENCY: Board of Governors of the
erence 3 Dated March 19, 148 (42 U.S.C. 10151, 10152, 10153, 10155, Federal Reserve System (Board).
2014 .................................. ML14079A525 10157, 10161, 10168); Government ACTION: Final rule.
Request for Additional Infor- Paperwork Elimination Act sec. 1704 (44
mation (RAI) Dated May U.S.C. 3504 note); Energy Policy Act of 2005, The Board is adopting final
SUMMARY:
15, 2014 ............................ ML14140A239 Pub. L. 109–58, 119 Stat. 549 (2005). amendments (Final Rule) to the Small
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Document Created: 2015-12-18 11:13:30
Document Modified: 2015-12-18 11:13:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| 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. | |
| Contact | Solomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-3781; email: [email protected] | |
| FR Citation | 80 FR 20149 | |
| RIN Number | 3150-AJ50 | |
| CFR Associated | 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 and Whistleblowing |
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