List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 8, Revision 1, 49887-49892 [2015-20141]
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49887
Rules and Regulations
Federal Register
Vol. 80, No. 159
Tuesday, August 18, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0233]
RIN 3150–AJ47
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
8, Revision 1
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to add Revision 1 to Amendment
No. 8 (effective May 2, 2012, as
corrected on November 16, 2012), to the
Certificate of Compliance (CoC) No.
1014. Amendment No. 8, Revision 1,
changes burnup/cooling time limits for
thimble plug devices, changes MetamicHT material testing requirements,
changes Metamic-HT material minimum
guaranteed values, and updates fuel
definitions to allow boiling water
reactor fuel affected by certain corrosion
mechanisms with specific guidelines to
be classified as undamaged fuel.
DATES: This final rule is effective on
February 16, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2014–0233 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly-available information
related to this action by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0233. Address
questions about NRC dockets to Carol
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SUMMARY:
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Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O–1F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Vanessa Cox, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
8342; email: Vanessa.Cox@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion of Changes
III. Public Comment Analysis
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Environmental Assessment and Finding
of No Significant Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
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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 (SNF) in NRCapproved casks under a general license
by publishing a final rule in part 72 of
Title 10 of the Code of Federal
Regulations (10 CFR), which added a
new subpart K within 10 CFR part 72
entitled, ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181; July 18, 1990). This rule also
established a new subpart L 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 May 1, 2000 (65 FR 25241),
that approved the Holtec International
HI–STORM 100 Cask System design and
added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as CoC
No. 1014.
The NRC published a direct final rule
on this revision to this amendment in
the Federal Register on February 5,
2015 (80 FR 6430). The NRC also
concurrently published a companion
proposed rule on February 5, 2015 (80
FR 6466). The NRC received at least one
significant adverse comment on the
proposed rule; therefore, the NRC
withdrew the direct final rule on April
20, 2015 (80 FR 21639), and is
proceeding, in this document, to
address the comments on the proposed
rule (see Section III, ‘‘Public Comment
Analysis,’’ of this document).
II. Discussion of Changes
By letter dated August 21, 2013, and
as supplemented on December 20, 2013,
and February 28, 2014, Holtec
International submitted a revision
request for the Holtec International HI–
STORM 100 Cask System, CoC No.
1014, Amendment No. 8. As a revision,
the CoC will supersede the previous
version of the CoC and Technical
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Specifications (TSs) that were effective
May 2, 2012, as corrected on November
16, 2012, in their entirety. Amendment
No. 8, Revision 1, changes burnup/
cooling time limits for thimble plug
devices, changes Metamic-HT material
testing requirements, changes MetamicHT material minimum guaranteed
values, and updates fuel definitions to
allow boiling water reactor fuel affected
by certain corrosion mechanisms within
specific guidelines to be classified as
undamaged fuel.
As documented in the safety
evaluation report (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 containment, shielding,
and criticality control. If there is no loss
of containment, shielding, or criticality
control, the environmental impacts
would not be significant. This revision
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. 8,
Revision 1, 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 final rule revises the Holtec
International HI–STORM 100 Cask
System listing in 10 CFR 72.214 by
adding Amendment No. 8, Revision 1,
to CoC No. 1014. The revision consists
of the changes previously described, as
set forth in the revised CoC and TSs.
The revised TSs are identified in the
SER. The revised Holtec International
HI–STORM 100 Cask 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 final rule becomes
effective, persons who hold a general
license under 10 CFR 72.210 may load
SNF into the Holtec International HI–
STORM 100 Cask Systems that meets
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the criteria of Amendment No. 8,
Revision 1, to CoC No. 1014 under 10
CFR 72.212.
III. Public Comment Analysis
The NRC received 16 comments from
private citizens on the companion
proposed rule to the direct final rule
published on February 5, 2015. The
NRC has not made any changes to the
TSs or SER as a result of the public
comments that the NRC has received.
The NRC has, however, extended the
effective date of the CoC in response to
a comment.
Summary of Comments
The NRC received 16 comments on
the companion proposed rule, many
raising multiple and overlapping issues.
Because the NRC received at least one
significant adverse comment on the
proposed rule (raising issues that the
NRC deemed serious enough to warrant
a substantive response to clarify the
record), the NRC withdrew the direct
final rule and is responding to the
comments here. Other comments were
not considered to be significant adverse
comments because, in most instances,
they were beyond the scope of this
rulemaking. Nonetheless, in addition to
responding to the issues raised in the
significant adverse comments, the NRC
is also taking this opportunity to
respond to some of the issues raised in
the comments that are beyond the scope
of this rulemaking in order to clarify
information about the CoC rulemaking
process related to the comments
received. The comments are
summarized by issue and the NRC’s
responses follow.
Issue 1—Storage of Spent Nuclear Fuel
Several comments objected to the
storage of SNF at the Indian Point
nuclear plant and its proximity to New
York City, and other comments objected
to the storage of SNF, at any location,
without a final repository approved.
NRC Response
The concern of SNF storage at the
Indian Point nuclear plant, as well as
the concern regarding the need for a
final repository, are generic in nature
and are not applicable to the HI–
STORM Cask System, Amendment No.
8, Revision 1. This rulemaking is
limited to allowing persons who hold a
general license under 10 CFR 72.210 to
load SNF into the Holtec International
HI–STORM 100 Cask Systems if doing
so meets the criteria of Amendment No.
8, Revision 1, to CoC No. 1014 under 10
CFR 72.212.
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Issue 2—Change in Definition
Some comments also questioned the
NRC’s approval that SNF with certain
types of corrosion fit within the
definition of undamaged fuel. Some
comments indicated that there was no
explanation for this change in the
definition. Another comment identified
the concern with the change in the
definition of undamaged fuel, as well as
concerns with a variety of issues
surrounding the manufacturing and use
of this Holtec CoC cask system.
NRC Response
The inclusion of certain types of SNF
corrosion in the undamaged fuel
definition was addressed in detail in the
NRC staff’s SER which was referenced
in the direct final rule published on
February 5, 2015 (80 FR 6430), as was
the staff’s basis for determining that this
CoC, as revised, complies with the
NRC’s regulations in 10 CFR part 72 and
therefore, the revision ensures adequate
protection of public health and safety.
While these comments oppose the rule,
they do not raise relevant or specific
issues that were not previously
addressed or considered by the NRC
staff.
Issue 3—Other Agencies
One comment questioned why the
NRC did not include other agencies in
its Environmental Assessment (EA).
NRC Response
As explained in the direct final rule
published on February 5, 2015 (80 FR
6430), the NRC determined that ‘‘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.’’ Therefore, no
consultation was deemed necessary.
Issue 4—Time Allowed for Comments
Several comments objected to the
time allowed by the NRC to provide
comments on the companion proposed
rule.
NRC Response
These comments do not provide any
specific adverse comments on the
companion proposed rule. Instead the
comments cite concerns with the
process used to issue the certificates.
The NRC has determined that the
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amount of time provided for the
submission of comments on a rule of
this nature is reasonable, and the
comments provide no specific details
that would result in a change to that
determination.
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Issue 5—Implementation Period
Although not commenting on the
technical details of the rule, one
commenter requested that the NRC
consider a 180-day implementation
period for the revision to HI–STORM
100 Cask System, Amendment No. 8, to
allow general licensees time to
incorporate any applicable
administrative changes.
NRC Response
The NRC determined that this
comment is significant and adverse as
defined in Section II, ‘‘Procedural
Background,’’ of the direct final rule,
because the comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record.
A revision to a CoC amendment
supersedes that specific amendment.
Therefore, as the commenter indicates,
any general licensee using the system
authorized by this specific CoC
amendment would have to update their
records pursuant to 10 CFR 72.212(b)(5)
to that of the revised system by the
effective date of this revision.
At the time the application was
submitted, according to the applicant,
no casks subject to the amendment had
been manufactured, and therefore, this
was not an issue. However, as of
February 5, 2015, upon publication of
the direct final rule, several canisters
manufactured under CoC No. 1014,
Amendment No. 8 have been purchased
and delivered to Exelon Generation
Company, LLC (Exelon Generation), at
its Dresden Nuclear Power Plant.
Given this change in circumstance,
the NRC is revising the effective date of
the revision to Amendment No. 8 of CoC
1014 to February 16, 2016,180 days
from August 18, 2015, thereby providing
more time for the general licensee to
prepare the necessary paperwork
pursuant to 10 CFR 72.212 before this
revision becomes effective. Because this
revision will supersede Amendment No.
8 in its entirety, the general licensee
will have to be in compliance with 10
CFR 72.212 once this revision becomes
effective.
IV. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
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consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this final rule, the NRC
will revise the Holtec International HI–
STORM 100 Cask System design listing
in 10 CFR 72.214. This action does not
constitute the establishment of a
standard that contains generally
applicable requirements.
V. Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register on
September 3, 1997 (62 FR 46517), this
final rule is classified as Compatibility
Category ‘‘NRC.’’ Compatibility is not
required for Category ‘‘NRC’’
regulations. The NRC program elements
in this category are those that relate
directly to areas of regulation reserved
to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of
10 CFR. Although an Agreement State
may not adopt program elements
reserved to the NRC, it may wish to
inform its licensees of certain
requirements via a mechanism that is
consistent with the particular State’s
administrative procedure laws, but does
not confer regulatory authority on the
State.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274), requires Federal agencies
to write documents in a clear, concise,
and well-organized manner. The NRC
has written this document to be
consistent with the Plain Writing Act as
well as the Presidential Memorandum
‘‘Plain Language in Government
Writing,’’ published June 10, 1998 (63
FR 31883).
VII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214
to revise the Holtec International HI–
STORM 100 Cask System design listing
within the ‘‘List of approved spent fuel
storage casks’’ to revise Amendment No.
8 (effective May 2, 2012, as corrected on
November 16, 2012), of CoC No. 1014 by
adding Amendment No. 8, Revision 1.
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
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49889
action significantly affecting the quality
of the human environment and,
therefore, an environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment.
B. The Need for the Action
This final rule revises an amendment
of the CoC for the Holtec International
HI–STORM 100 Cask 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. 8,
Revision 1, changes burnup/cooling
time limits for thimble plug devices,
changes Metamic-HT material testing
requirements, changes Metamic-HT
material minimum guaranteed values,
and updates fuel definitions to allow
boiling water reactor fuel affected by
certain corrosion mechanisms within
specific guidelines to be classified as
undamaged fuel.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this CoC
addition tiers off of the environmental
assessment for the July 18, 1990, final
rule. Tiering on past environmental
assessments is a standard process under
the National Environmental Policy Act.
The Holtec International HI–STORM
100 Cask 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 independent spent fuel
storage installation (ISFSI), the type of
facility at which a holder of a power
reactor operating license would store
spent fuel in casks in accordance with
10 CFR part 72, include tornado winds
and tornado-generated missiles, a design
basis earthquake, a design basis flood,
an accidental cask drop, lightning
effects, fire, explosions, and other
incidents.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of containment, shielding,
and criticality control. If there is no loss
of containment, shielding, or criticality
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control, the environmental impacts
would not be significant. This revision
does not reflect a significant change in
design or fabrication of the cask. In
addition, because there are no
significant design or production process
changes, any resulting occupational
exposures or offsite dose rates from the
implementation of Amendment No. 8,
Revision 1, would remain well within
the 10 CFR part 20 limits. Therefore, the
proposed CoC changes will not result in
either 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
exposures, and no significant increase
in the potential for or consequences
from radiological accidents. The NRC
staff documented its safety findings in
the SER for this revision.
D. Alternative to the Action
The alternative to this action is to
deny approval of the changes in
Amendment No. 8, Revision 1, and
terminate the final rule. Consequently,
any 10 CFR part 72 general licensee that
seeks to load SNF into the Holtec
International HI–STORM 100 Cask
System in accordance with the changes
described in proposed Amendment No.
8, Revision 1, 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 cost 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. 8,
Revision 1, of CoC No. 1014 would
result in no irreversible commitments of
resources.
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F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in 10 CFR part 51. Based
on the foregoing environmental
assessment, the NRC concludes that this
final rule entitled, ‘‘List of Approved
Spent Fuel Storage Casks: Holtec
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International HI–STORM 100 Cask
System, Certificate of Compliance No.
1014, Amendment No. 8, Revision 1,’’
will not have a significant effect on the
human environment. Therefore, the
NRC has determined that an
environmental impact statement is not
necessary for this final rule.
VIII. Paperwork Reduction Act
Statement
This rule does not contain any
information collection requirements
and, therefore, is not subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a current valid Office of
Management and Budget control
number.
IX. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of SNF
under a general license in cask designs
approved by the NRC. Any nuclear
power reactor licensee can use NRCapproved cask designs to store SNF 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 May 1, 2000 (65 FR 25241), the NRC
issued an amendment to 10 CFR part 72
that approved the Holtec International
HI–STORM 100 Cask System design by
adding it to the list of NRC-approved
cask designs in 10 CFR 72.214.
On August 21, 2013, and as
supplemented on December 20, 2013,
and February 28, 2014, Holtec
International submitted a revision
request for the HI–STORM 100 Cask
System, CoC No. 1014, Amendment No.
8, as described in Section II,
‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of the changes
requested in Amendment No. 8,
Revision 1, and require any 10 CFR part
72 general licensee seeking to load SNF
into the Holtec International HI–STORM
100 Cask System under the changes
described in Amendment No. 8,
Revision 1, 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
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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 affected licensee.
Approval of this final rule is
consistent with previous NRC actions.
Further, as documented in the SER and
the EA, the final rule will have no
adverse effect on public health and
safety or the environment. This final
rule has no significant identifiable
impact or benefit on other Government
agencies. Based on this regulatory
analysis, the NRC concludes that the
requirements of the final rule are
commensurate with the NRC’s
responsibilities for public health and
safety and the common defense and
security. No other available alternative
is believed to be as satisfactory, and
therefore, this action is recommended.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this rule will not, if issued,
have a significant economic impact on
a substantial number of small entities.
This final rule affects only nuclear
power plant licensees and Holtec
International. These entities do not fall
within the scope of the definition of
small entities set forth in the Regulatory
Flexibility Act or the size standards
established by the NRC (10 CFR 2.810).
XI. Backfitting and Issue Finality
For the reasons set forth below, the
NRC has determined that the backfit
rule (10 CFR 72.62) does not apply to
this final rule. Therefore, a backfit
analysis is not required. This final rule
revises CoC No. 1014 for the Holtec
International HI–STORM 100 Cask
System, as currently listed in 10 CFR
72.214, ‘‘List of approved spent fuel
storage casks.’’ Amendment No. 8,
Revision 1, changes burnup/cooling
time limits for thimble plug devices,
changes Metamic-HT material testing
requirements, changes Metamic-HT
material minimum guaranteed values,
and updates fuel definitions to allow
boiling water reactor fuel affected by
certain corrosion mechanisms within
specific guidelines to be classified as
undamaged fuel.
At the time the application was
submitted, Holtec International
indicated that no casks had been
manufactured under this revision, but as
of publication of the direct final rule,
casks had been manufactured and
delivered to a general licensee.
Although Holtec International has
manufactured some casks under the
existing CoC No. 1014, Amendment No.
8 that is being revised by this final rule,
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Holtec International, as the vendor, is
not subject to backfitting protection
under 10 CFR 72.62. Moreover, Holtec
International requested the change and
has requested to apply it to the existing
casks manufactured under Amendment
No. 8. Therefore, even if the vendor
were deemed to be an entity protected
from backfitting, this request represents
a voluntary change and is not
backfitting for Holtec International.
Under 10 CFR 72.62, general licensees
are entities that are protected from
backfitting, and in this instance, Holtec
International has provided casks under
CoC No. 1014, Amendment No. 8, to one
general licensee. General licensees are
required, pursuant to 10 CFR 72.212, to
ensure that each cask conforms to the
terms, conditions, and specifications of
a CoC, and that each cask can be safely
used at the specific site in question.
Because the casks purchased and
delivered under CoC No. 1014
Amendment No. 8, now must be
evaluated under 10 CFR 72.212
consistent with the revisions in CoC No.
1014 Amendment 8, Revision 1, this
change in the evaluation method and
criteria constitutes a change in a
procedure required to operate an ISFSI
and, therefore, would constitute
backfitting under 10 CFR 72.62(a)(2).
However, in this instance, the general
licensee voluntarily indicated its
willingness to comply with the revised
CoC, as long as the general licensee is
provided adequate time to implement
the revised CoC (see ADAMS No.
ML15170A439). This final rule
accommodates that request by extending
the effective date for the final rule to
February 16, 2016, 180 days from
August 18, 2015. Therefore, although
the general licensee is an entity
protected from backfitting, this request
represents a voluntary change and is not
backfitting for this general licensee.
In addition, the changes in CoC No.
1014, Amendment No. 8, Revision 1 do
not apply to casks which were
manufactured to other amendments of
CoC No. 1014, and, therefore, have no
effect on current ISFSI licensees using
casks which were manufactured to other
amendments of CoC No. 1014. For these
reasons, NRC approval of CoC No. 1014,
Amendment No. 8, Revision 1, does not
constitute backfitting for users of the
HI–STORM 100 Cask System which
were manufactured to other
amendments of CoC No. 1014, under 10
CFR 72.62, 10 CFR 50.109(a)(1), or the
issue finality provisions applicable to
combined licenses in 10 CFR part 52.
For the reasons set forth above, no
backfit analysis or additional
documentation addressing the issue
finality criteria in 10 CFR part 52 has
been prepared by the NRC.
XII. Congressional Review Act
In accordance with the Congressional
Review Act of 1996 (5 U.S.C. 801–808),
the NRC has determined that this action
is not a rule as defined in the
Congressional Review Act.
XIII. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS Accession
No.
Document
CoC No. 1014, Amendment No. 8, Revision 1 .......................................................................................................................
Safety Evaluation Report .........................................................................................................................................................
Technical Specifications, Appendix A .....................................................................................................................................
Technical Specifications, Appendix B .....................................................................................................................................
Application (portions are non-public/proprietary) .....................................................................................................................
December 20, 2013, Application Supplement .........................................................................................................................
February 28, 2014, Application Supplement ...........................................................................................................................
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
Web site at https://www.regulations.gov
under Docket ID NRC–2014–0233. 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–2014–0233); (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).
rmajette on DSK7SPTVN1PROD with RULES
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures,
Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
VerDate Sep<11>2014
15:22 Aug 17, 2015
Jkt 235001
the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
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, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
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ML14262A478
ML14262A476
ML14262A480
ML14262A479
ML13235A082
ML14009A271
ML14064A344
2. In § 72.214, Certificate of
Compliance No. 1014 is revised to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
June 7, 2005.
Amendment Number 3 Effective Date:
May 29, 2007.
Amendment Number 4 Effective Date:
January 8, 2008.
Amendment Number 5 Effective Date:
July 14, 2008.
Amendment Number 6 Effective Date:
August 17, 2009.
Amendment Number 7 Effective Date:
December 28, 2009.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170); superseded by Revision
1 Effective Date: February 16, 2016.
E:\FR\FM\18AUR1.SGM
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49892
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations
Amendment Number 8, Revision 1
Effective Date: February 16, 2016.
Amendment Number 9 Effective Date:
March 11, 2014.
SAR Submitted by: Holtec
International.
SAR Title: Final Safety Analysis.
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI–STORM 100.
*
*
*
*
*
Dated at Rockville, Maryland, this 4th day
of August, 2015.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operation.
[FR Doc. 2015–20141 Filed 8–17–15; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2015–2002; Special
Conditions No. 25–593–SC]
Special Conditions: Bombardier Inc.
Model BD–700–2A12 and BD–700–
2A13 Airplanes; Flight Envelope
Protection, High-Speed Limiting
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Bombardier Inc. Model
BD–700–2A12 and BD–700–2A13
airplanes. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on
Bombardier Inc. on August 18, 2015. We
must receive your comments by October
2, 2015.
ADDRESSES: Send comments identified
by docket number FAA–2015–2002
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:22 Aug 17, 2015
Jkt 235001
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 8
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot
.gov/.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joe
Jacobsen, FAA, Airplane and Flight
Crew Interface, ANM–111, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone 425–227–2011; facsimile
425–227–1149.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice of, and
opportunity for prior public comment
on, these special conditions is
impracticable because these procedures
would significantly delay issuance of
the design approval and thus delivery of
the affected airplanes.
In addition, the substance of these
special conditions has been subject to
the public-comment process in several
prior instances with no substantive
comments received. The FAA therefore
finds that good cause exists for making
these special conditions effective upon
publication in the Federal Register.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On May 30, 2012, Bombardier
Aerospace Inc. applied for a type
certificate for their new Model BD–700–
2A12 and BD–700–2A13 airplanes.
These airplanes are derivatives of the
Model BD–700 series airplanes. These
two models are marketed as the
Bombardier Global 7000 and Global
8000, respectively. These are ultra-longrange, executive-interior business jets,
with a maximum certified passenger
capacity of 19.
The Global 7000 and Global 8000
airplanes will be assembled without a
completed interior in Toronto, Ontario,
and flight tested at the Bombardier
Flight Test Center in Wichita, Kansas.
Like the existing BD–700 airplanes,
Global 7000 and Global 8000 custom
passenger interiors and airplane
delivery will be provided from
Montreal, Quebec, via supplemental
type certificate.
The Global 7000 and Global 8000
share an identical supplier base and
significant design-element
commonality, the highlights of which
are:
• Two GE PassportTM 20 aft-mounted
engines
• New high-speed transonic wing
• Fly-by-wire control system with sidestick controls
• Pro Line Fusion® avionics suite
Both the Model BD–700–2A12 and
–2A13 airplanes have a wingspan of
104.1 feet, a height of 26.7 feet, a
maximum operating altitude of 51,000
feet, a maximum operating speed of 340
knots, and a maximum fuselage
diameter of 8.84 feet. The BD–700–2A12
is 111.9 feet long, with a maximum takeoff weight of 106,250 pounds; and the
–2A13 is 102.9 feet in length at 104,800
pounds.
The longitudinal control-law design
of both airplane designs incorporate a
high-speed protection system in the
normal mode; this would prevent the
pilot from inadvertently or intentionally
exceeding a speed approximately
equivalent to VFC or attaining VDF.
Current Title 14, Code of Federal
Regulations (14 CFR) part 25 sections do
not relate to a high-speed limiter that
might preclude or modify flyingqualities assessments in the high-speed
region.
E:\FR\FM\18AUR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49887-49892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20141]
========================================================================
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. 159 / Tuesday, August 18, 2015 /
Rules and Regulations
[[Page 49887]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0233]
RIN 3150-AJ47
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 8, Revision 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International HI-
STORM 100 Cask System listing within the ``List of approved spent fuel
storage casks'' to add Revision 1 to Amendment No. 8 (effective May 2,
2012, as corrected on November 16, 2012), to the Certificate of
Compliance (CoC) No. 1014. Amendment No. 8, Revision 1, changes burnup/
cooling time limits for thimble plug devices, changes Metamic-HT
material testing requirements, changes Metamic-HT material minimum
guaranteed values, and updates fuel definitions to allow boiling water
reactor fuel affected by certain corrosion mechanisms with specific
guidelines to be classified as undamaged fuel.
DATES: This final rule is effective on February 16, 2016.
ADDRESSES: Please refer to Docket ID NRC-2014-0233 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0233. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in the ``Availability of
Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-8342; email:
Vanessa.Cox@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion of Changes
III. Public Comment Analysis
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the Department of Energy]
shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, that ``[the Commission] shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 219(a) [sic: 218(a)] for use at the site of
any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel (SNF) in NRC-approved casks under a general license
by publishing a final rule in part 72 of Title 10 of the Code of
Federal Regulations (10 CFR), which added a new subpart K within 10 CFR
part 72 entitled, ``General License for Storage of Spent Fuel at Power
Reactor Sites'' (55 FR 29181; July 18, 1990). This rule also
established a new subpart L 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 May 1, 2000 (65 FR 25241), that
approved the Holtec International HI-STORM 100 Cask System design and
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as
CoC No. 1014.
The NRC published a direct final rule on this revision to this
amendment in the Federal Register on February 5, 2015 (80 FR 6430). The
NRC also concurrently published a companion proposed rule on February
5, 2015 (80 FR 6466). The NRC received at least one significant adverse
comment on the proposed rule; therefore, the NRC withdrew the direct
final rule on April 20, 2015 (80 FR 21639), and is proceeding, in this
document, to address the comments on the proposed rule (see Section
III, ``Public Comment Analysis,'' of this document).
II. Discussion of Changes
By letter dated August 21, 2013, and as supplemented on December
20, 2013, and February 28, 2014, Holtec International submitted a
revision request for the Holtec International HI-STORM 100 Cask System,
CoC No. 1014, Amendment No. 8. As a revision, the CoC will supersede
the previous version of the CoC and Technical
[[Page 49888]]
Specifications (TSs) that were effective May 2, 2012, as corrected on
November 16, 2012, in their entirety. Amendment No. 8, Revision 1,
changes burnup/cooling time limits for thimble plug devices, changes
Metamic-HT material testing requirements, changes Metamic-HT material
minimum guaranteed values, and updates fuel definitions to allow
boiling water reactor fuel affected by certain corrosion mechanisms
within specific guidelines to be classified as undamaged fuel.
As documented in the safety evaluation report (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 containment, shielding, and criticality control. If
there is no loss of containment, shielding, or criticality control, the
environmental impacts would not be significant. This revision 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. 8, Revision 1, 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 final rule revises the Holtec International HI-STORM 100 Cask
System listing in 10 CFR 72.214 by adding Amendment No. 8, Revision 1,
to CoC No. 1014. The revision consists of the changes previously
described, as set forth in the revised CoC and TSs. The revised TSs are
identified in the SER. The revised Holtec International HI-STORM 100
Cask 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 final rule becomes
effective, persons who hold a general license under 10 CFR 72.210 may
load SNF into the Holtec International HI-STORM 100 Cask Systems that
meets the criteria of Amendment No. 8, Revision 1, to CoC No. 1014
under 10 CFR 72.212.
III. Public Comment Analysis
The NRC received 16 comments from private citizens on the companion
proposed rule to the direct final rule published on February 5, 2015.
The NRC has not made any changes to the TSs or SER as a result of the
public comments that the NRC has received. The NRC has, however,
extended the effective date of the CoC in response to a comment.
Summary of Comments
The NRC received 16 comments on the companion proposed rule, many
raising multiple and overlapping issues. Because the NRC received at
least one significant adverse comment on the proposed rule (raising
issues that the NRC deemed serious enough to warrant a substantive
response to clarify the record), the NRC withdrew the direct final rule
and is responding to the comments here. Other comments were not
considered to be significant adverse comments because, in most
instances, they were beyond the scope of this rulemaking. Nonetheless,
in addition to responding to the issues raised in the significant
adverse comments, the NRC is also taking this opportunity to respond to
some of the issues raised in the comments that are beyond the scope of
this rulemaking in order to clarify information about the CoC
rulemaking process related to the comments received. The comments are
summarized by issue and the NRC's responses follow.
Issue 1--Storage of Spent Nuclear Fuel
Several comments objected to the storage of SNF at the Indian Point
nuclear plant and its proximity to New York City, and other comments
objected to the storage of SNF, at any location, without a final
repository approved.
NRC Response
The concern of SNF storage at the Indian Point nuclear plant, as
well as the concern regarding the need for a final repository, are
generic in nature and are not applicable to the HI-STORM Cask System,
Amendment No. 8, Revision 1. This rulemaking is limited to allowing
persons who hold a general license under 10 CFR 72.210 to load SNF into
the Holtec International HI-STORM 100 Cask Systems if doing so meets
the criteria of Amendment No. 8, Revision 1, to CoC No. 1014 under 10
CFR 72.212.
Issue 2--Change in Definition
Some comments also questioned the NRC's approval that SNF with
certain types of corrosion fit within the definition of undamaged fuel.
Some comments indicated that there was no explanation for this change
in the definition. Another comment identified the concern with the
change in the definition of undamaged fuel, as well as concerns with a
variety of issues surrounding the manufacturing and use of this Holtec
CoC cask system.
NRC Response
The inclusion of certain types of SNF corrosion in the undamaged
fuel definition was addressed in detail in the NRC staff's SER which
was referenced in the direct final rule published on February 5, 2015
(80 FR 6430), as was the staff's basis for determining that this CoC,
as revised, complies with the NRC's regulations in 10 CFR part 72 and
therefore, the revision ensures adequate protection of public health
and safety. While these comments oppose the rule, they do not raise
relevant or specific issues that were not previously addressed or
considered by the NRC staff.
Issue 3--Other Agencies
One comment questioned why the NRC did not include other agencies
in its Environmental Assessment (EA).
NRC Response
As explained in the direct final rule published on February 5, 2015
(80 FR 6430), the NRC determined that ``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.'' Therefore,
no consultation was deemed necessary.
Issue 4--Time Allowed for Comments
Several comments objected to the time allowed by the NRC to provide
comments on the companion proposed rule.
NRC Response
These comments do not provide any specific adverse comments on the
companion proposed rule. Instead the comments cite concerns with the
process used to issue the certificates. The NRC has determined that the
[[Page 49889]]
amount of time provided for the submission of comments on a rule of
this nature is reasonable, and the comments provide no specific details
that would result in a change to that determination.
Issue 5--Implementation Period
Although not commenting on the technical details of the rule, one
commenter requested that the NRC consider a 180-day implementation
period for the revision to HI-STORM 100 Cask System, Amendment No. 8,
to allow general licensees time to incorporate any applicable
administrative changes.
NRC Response
The NRC determined that this comment is significant and adverse as
defined in Section II, ``Procedural Background,'' of the direct final
rule, because the comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record.
A revision to a CoC amendment supersedes that specific amendment.
Therefore, as the commenter indicates, any general licensee using the
system authorized by this specific CoC amendment would have to update
their records pursuant to 10 CFR 72.212(b)(5) to that of the revised
system by the effective date of this revision.
At the time the application was submitted, according to the
applicant, no casks subject to the amendment had been manufactured, and
therefore, this was not an issue. However, as of February 5, 2015, upon
publication of the direct final rule, several canisters manufactured
under CoC No. 1014, Amendment No. 8 have been purchased and delivered
to Exelon Generation Company, LLC (Exelon Generation), at its Dresden
Nuclear Power Plant.
Given this change in circumstance, the NRC is revising the
effective date of the revision to Amendment No. 8 of CoC 1014 to
February 16, 2016,180 days from August 18, 2015, thereby providing more
time for the general licensee to prepare the necessary paperwork
pursuant to 10 CFR 72.212 before this revision becomes effective.
Because this revision will supersede Amendment No. 8 in its entirety,
the general licensee will have to be in compliance with 10 CFR 72.212
once this revision becomes effective.
IV. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this final rule, the NRC will revise the
Holtec International HI-STORM 100 Cask System design listing in 10 CFR
72.214. This action does not constitute the establishment of a standard
that contains generally applicable requirements.
V. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this final rule is classified as Compatibility Category
``NRC.'' Compatibility is not required for Category ``NRC''
regulations. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR.
Although an Agreement State may not adopt program elements reserved to
the NRC, it may wish to inform its licensees of certain requirements
via a mechanism that is consistent with the particular State's
administrative procedure laws, but does not confer regulatory authority
on the State.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274), requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to revise the Holtec
International HI-STORM 100 Cask System design listing within the ``List
of approved spent fuel storage casks'' to revise Amendment No. 8
(effective May 2, 2012, as corrected on November 16, 2012), of CoC No.
1014 by adding Amendment No. 8, Revision 1. Under the National
Environmental Policy Act of 1969, as amended, and the NRC's regulations
in subpart A of 10 CFR part 51, ``Environmental Protection Regulations
for Domestic Licensing and Related Regulatory Functions,'' the NRC has
determined that this rule, if adopted, would not be a major Federal
action significantly affecting the quality of the human environment
and, therefore, an environmental impact statement is not required. The
NRC has made a finding of no significant impact on the basis of this
environmental assessment.
B. The Need for the Action
This final rule revises an amendment of the CoC for the Holtec
International HI-STORM 100 Cask 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. 8, Revision 1, changes burnup/cooling time
limits for thimble plug devices, changes Metamic-HT material testing
requirements, changes Metamic-HT material minimum guaranteed values,
and updates fuel definitions to allow boiling water reactor fuel
affected by certain corrosion mechanisms within specific guidelines to
be classified as undamaged fuel.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this CoC addition tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act.
The Holtec International HI-STORM 100 Cask 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 independent spent fuel
storage installation (ISFSI), the type of facility at which a holder of
a power reactor operating license would store spent fuel in casks in
accordance with 10 CFR part 72, include tornado winds and tornado-
generated missiles, a design basis earthquake, a design basis flood, an
accidental cask drop, lightning effects, fire, explosions, and other
incidents.
Considering the specific design requirements for each accident
condition, the design of the cask would prevent loss of containment,
shielding, and criticality control. If there is no loss of containment,
shielding, or criticality
[[Page 49890]]
control, the environmental impacts would not be significant. This
revision does not reflect a significant change in design or fabrication
of the cask. In addition, because there are no significant design or
production process changes, any resulting occupational exposures or
offsite dose rates from the implementation of Amendment No. 8, Revision
1, would remain well within the 10 CFR part 20 limits. Therefore, the
proposed CoC changes will not result in either 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 exposures, and no
significant increase in the potential for or consequences from
radiological accidents. The NRC staff documented its safety findings in
the SER for this revision.
D. Alternative to the Action
The alternative to this action is to deny approval of the changes
in Amendment No. 8, Revision 1, and terminate the final rule.
Consequently, any 10 CFR part 72 general licensee that seeks to load
SNF into the Holtec International HI-STORM 100 Cask System in
accordance with the changes described in proposed Amendment No. 8,
Revision 1, 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 cost 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. 8, Revision 1, of CoC No. 1014 would
result in no irreversible commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in 10 CFR part 51. Based on the foregoing
environmental assessment, the NRC concludes that this final rule
entitled, ``List of Approved Spent Fuel Storage Casks: Holtec
International HI-STORM 100 Cask System, Certificate of Compliance No.
1014, Amendment No. 8, Revision 1,'' will not have a significant effect
on the human environment. Therefore, the NRC has determined that an
environmental impact statement is not necessary for this final rule.
VIII. Paperwork Reduction Act Statement
This rule does not contain any information collection requirements
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a current valid
Office of Management and Budget control number.
IX. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of SNF under a general license
in cask designs approved by the NRC. Any nuclear power reactor licensee
can use NRC-approved cask designs to store SNF 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 May
1, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72
that approved the Holtec International HI-STORM 100 Cask System design
by adding it to the list of NRC-approved cask designs in 10 CFR 72.214.
On August 21, 2013, and as supplemented on December 20, 2013, and
February 28, 2014, Holtec International submitted a revision request
for the HI-STORM 100 Cask System, CoC No. 1014, Amendment No. 8, as
described in Section II, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of the
changes requested in Amendment No. 8, Revision 1, and require any 10
CFR part 72 general licensee seeking to load SNF into the Holtec
International HI-STORM 100 Cask System under the changes described in
Amendment No. 8, Revision 1, 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 affected
licensee.
Approval of this final rule is consistent with previous NRC
actions. Further, as documented in the SER and the EA, the final rule
will have no adverse effect on public health and safety or the
environment. This final rule has no significant identifiable impact or
benefit on other Government agencies. Based on this regulatory
analysis, the NRC concludes that the requirements of the final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory, and therefore, this
action is recommended.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this rule will not, if issued, have a significant
economic impact on a substantial number of small entities. This final
rule affects only nuclear power plant licensees and Holtec
International. These entities do not fall within the scope of the
definition of small entities set forth in the Regulatory Flexibility
Act or the size standards established by the NRC (10 CFR 2.810).
XI. Backfitting and Issue Finality
For the reasons set forth below, the NRC has determined that the
backfit rule (10 CFR 72.62) does not apply to this final rule.
Therefore, a backfit analysis is not required. This final rule revises
CoC No. 1014 for the Holtec International HI-STORM 100 Cask System, as
currently listed in 10 CFR 72.214, ``List of approved spent fuel
storage casks.'' Amendment No. 8, Revision 1, changes burnup/cooling
time limits for thimble plug devices, changes Metamic-HT material
testing requirements, changes Metamic-HT material minimum guaranteed
values, and updates fuel definitions to allow boiling water reactor
fuel affected by certain corrosion mechanisms within specific
guidelines to be classified as undamaged fuel.
At the time the application was submitted, Holtec International
indicated that no casks had been manufactured under this revision, but
as of publication of the direct final rule, casks had been manufactured
and delivered to a general licensee. Although Holtec International has
manufactured some casks under the existing CoC No. 1014, Amendment No.
8 that is being revised by this final rule,
[[Page 49891]]
Holtec International, as the vendor, is not subject to backfitting
protection under 10 CFR 72.62. Moreover, Holtec International requested
the change and has requested to apply it to the existing casks
manufactured under Amendment No. 8. Therefore, even if the vendor were
deemed to be an entity protected from backfitting, this request
represents a voluntary change and is not backfitting for Holtec
International.
Under 10 CFR 72.62, general licensees are entities that are
protected from backfitting, and in this instance, Holtec International
has provided casks under CoC No. 1014, Amendment No. 8, to one general
licensee. General licensees are required, pursuant to 10 CFR 72.212, to
ensure that each cask conforms to the terms, conditions, and
specifications of a CoC, and that each cask can be safely used at the
specific site in question. Because the casks purchased and delivered
under CoC No. 1014 Amendment No. 8, now must be evaluated under 10 CFR
72.212 consistent with the revisions in CoC No. 1014 Amendment 8,
Revision 1, this change in the evaluation method and criteria
constitutes a change in a procedure required to operate an ISFSI and,
therefore, would constitute backfitting under 10 CFR 72.62(a)(2).
However, in this instance, the general licensee voluntarily indicated
its willingness to comply with the revised CoC, as long as the general
licensee is provided adequate time to implement the revised CoC (see
ADAMS No. ML15170A439). This final rule accommodates that request by
extending the effective date for the final rule to February 16, 2016,
180 days from August 18, 2015. Therefore, although the general licensee
is an entity protected from backfitting, this request represents a
voluntary change and is not backfitting for this general licensee.
In addition, the changes in CoC No. 1014, Amendment No. 8, Revision
1 do not apply to casks which were manufactured to other amendments of
CoC No. 1014, and, therefore, have no effect on current ISFSI licensees
using casks which were manufactured to other amendments of CoC No.
1014. For these reasons, NRC approval of CoC No. 1014, Amendment No. 8,
Revision 1, does not constitute backfitting for users of the HI-STORM
100 Cask System which were manufactured to other amendments of CoC No.
1014, under 10 CFR 72.62, 10 CFR 50.109(a)(1), or the issue finality
provisions applicable to combined licenses in 10 CFR part 52.
For the reasons set forth above, no backfit analysis or additional
documentation addressing the issue finality criteria in 10 CFR part 52
has been prepared by the NRC.
XII. Congressional Review Act
In accordance with the Congressional Review Act of 1996 (5 U.S.C.
801-808), the NRC has determined that this action is not a rule as
defined in the Congressional Review Act.
XIII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
CoC No. 1014, Amendment No. 8, Revision 1......... ML14262A478
Safety Evaluation Report.......................... ML14262A476
Technical Specifications, Appendix A.............. ML14262A480
Technical Specifications, Appendix B.............. ML14262A479
Application (portions are non-public/proprietary). ML13235A082
December 20, 2013, Application Supplement......... ML14009A271
February 28, 2014, Application Supplement......... ML14064A344
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking Web site at https://www.regulations.gov under Docket ID NRC-2014-0233. 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-2014-0233); (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, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, 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, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance No. 1014 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Revision 1 Effective Date: February 16, 2016.
[[Page 49892]]
Amendment Number 8, Revision 1 Effective Date: February 16, 2016.
Amendment Number 9 Effective Date: March 11, 2014.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis.
Report for the HI-STORM 100 Cask System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 4th day of August, 2015.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operation.
[FR Doc. 2015-20141 Filed 8-17-15; 8:45 am]
BILLING CODE 7590-01-P
