List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment Nos. 11 and 12, 63794-63799 [2018-26877]
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
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Dated: December 6, 2018.
Brandon Lipps,
Acting Deputy Under Secretary, Food,
Nutrition, and Consumer Services.
[FR Doc. 2018–26762 Filed 12–11–18; 8:45 am]
BILLING CODE 3410–30–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0221]
RIN 3150–AK18
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Multipurpose Canister Cask
System, Certificate of Compliance No.
1014, Amendment Nos. 11 and 12
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International HI–
STORM 100 Multipurpose Canister Cask
System (HI–STORM 100 System) listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
Nos. 11 and 12 to Certificate of
Compliance No. 1014. Amendment Nos.
11 and 12 revise multiple items in the
Technical Specifications for multipurpose canister models listed under
Certificate of Compliance No. 1014;
most of these revisions involve changes
to the authorized contents. In addition,
Amendment No. 11 makes several other
editorial changes.
DATES: This direct final rule is effective
February 25, 2019, unless significant
adverse comments are received by
January 11, 2019. If this direct final rule
is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register (FR). Comments
received after this date will be
considered if it is practical to do so, but
the NRC 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 FR.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0221. Address
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SUMMARY:
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questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: YenJu Chen, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–1018; email: Yen-Ju.Chen@nrc.gov
or Vanessa Cox, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–8342; email:
Vanessa.Cox@nrc.gov. Both are staff of
the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
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–2018–
0221 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
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• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0221.
• 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
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2018–
0221 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
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. Rulemaking Procedure
This rule is limited to the changes
contained in Amendment Nos. 11 and
No. 12 to Certificate of Compliance No.
1014 and does not include other aspects
of the Holtec International HI-STORM
100 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 Certificate of Compliance
that is expected to be noncontroversial.
Adequate protection of public health
and safety continues to be ensured. The
amendments to the rule will become
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effective on February 25, 2019.
However, if the NRC receives significant
adverse comments on this direct final
rule by January 11, 2019, 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 Rules section of this issue
of the FR. 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 or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC staff.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC staff
to make a change (other than editorial)
to the rule, Certificate of Compliance, or
Technical Specifications.
For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rule section of this issue of
the FR.
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
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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 that 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 May 1, 2000 (65 FR 25241),
that approved the Holtec International
HI–STORM 100 System design and
added it to the list of NRC-approved
cask designs in § 72.214 as Certificate of
Compliance No. 1014.
IV. Discussion of Changes
Holtec International submitted a
request to the NRC to amend Certificate
of Compliance No. 1014 in a letter dated
January 29, 2016, and supplemented its
request on February 16, 2016; June 6,
2016; December 22, 2016; April 22,
2016; September 8, 2017; November 10,
2017; and December 21, 2017. This
revised Certificate of Compliance was
denoted as Amendment No. 11 to
Certificate of Compliance No. 1014. The
revisions to Amendment No. 11 involve
the following changes to the authorized
contents:
1. Increase the per-storage location
weight limit for cells authorized for
damaged fuel containers in
multipurpose canisters (MPCs) MPC–68,
MPC–68FF, and MPC–68M in the
HI–STORM 100 storage system.
2. Change surveillance requirements
for casks with certain heat loads as
specified in the Technical
Specifications.
3. Allow the storage of higher average
initial enrichment weight percent
uranium (U)-235 fuel with low enriched
Chalk River unidentified depositsinduced localized corrosion fuel.
4. Increase the enrichment limit for
10x10G boiling water reactor fuel
assemblies from 4.6 weight percent
U-235 to 4.75 weight percent U-235.
5. Change the minimum soluble boron
concentration limits for the 17x17A
pressurized water reactor fuel
assemblies in MPC–32.
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6. Increase the burnup limit to
accommodate non-fuel hardware
consisting of neutron source assemblies
in combination with other control
components.
7. Add thoria rods/canister as
contents for the MPC–68M.
8. Add a second permissible
composition for thoria rods for all
MPC–68 models. The new thoria rod
composition is made of 98.5 weight
percent thorium dioxide and 1.5 weight
percent uranium oxide. The maximum
enrichment of U-235 in uranium oxide
is 93.5 weight percent.
Amendment No. 11 also makes the
following editorial changes:
1. Clarify heat load limits and drying
methods in Appendix A, Table 3–1.
2. Include NUREG–0612, ‘‘Control of
Heavy Loads at Nuclear Power Plants:
Resolution of Generic Technical
Activity A–36.’’ as a basis for stress
limits.
3. Remove manufacturer’s tolerance in
Appendix B, Tables 2.1–2 and 2.1–3.
4. Clarify dose evaluation for stainless
steel replacement and dummy rods in
Appendix B, Tables 2.1–2 and 2.1–3.
Holtec International submitted
another request to the NRC to amend
Certificate of Compliance No. 1014 in a
letter dated June 14, 2016, and
supplemented its request on July 22,
2016; November 4, 2016; August 25,
2017; November 10, 2017; and
December 22, 2017. This revised
Certificate of Compliance was denoted
as Amendment No. 12 to Certificate of
Compliance No. 1014. The revisions to
Amendment No. 12 involve the
following changes to the authorized
contents:
1. Add a new regionalized quartersymmetric heat load pattern for
MPC–68M and allow fuel that has been
cooled for at least 2 years to be stored
in the MPC–68M.
2. Allow the storage of damaged fuel
and fuel debris in damaged fuel
containers under the new regionalized
quarter-symmetric heat load pattern.
3. Add a new duplex stainless steel as
an allowed material for the MPC
confinement boundary in the
HI–STORM 100 system.
4. Add cyclic vacuum drying for all
MPCs.
5. Update coefficients for burnup
calculation equations for fuel assemblies
with cooling time of 2 through 40 years.
As documented in the Preliminary
Safety Evaluation Reports for
Amendment Nos. 11 and 12, the NRC
performed detailed safety evaluations of
the Certificate of Compliance
amendment requests. There are no
significant changes to cask design
requirements in the Certificate of
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Compliance amendments. Considering
the specific design requirements for
each accident condition, the design of
the cask would prevent loss of
containment, shielding, and criticality
control in the event of an accident.
These amendments do 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 Nos. 11
and 12 would remain well within the 10
CFR part 20 limits. There will be no
significant change in the types or
amounts of any effluent released, no
significant increase in the individual or
cumulative radiation exposure, and no
significant increase in the potential for
or consequences from radiological
accidents.
This direct final rule revises the
Holtec International HI–STORM 100
System listing in § 72.214 by adding
Amendment Nos. 11 and 12 to
Certificate of Compliance No. 1014. The
amendments consist of the changes
previously described, as set forth in the
revised Certificate of Compliance and
Technical Specifications. The revised
technical specifications are identified in
the preliminary safety evaluation report.
The amended Holtec International
HI–STORM 100 cask design, when used
under the conditions specified in the
Certificate of Compliance, the Technical
Specifications, and 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 § 72.210
may, consistent with the license
conditions under § 72.212, load spent
nuclear fuel into Holtec International
HI–STORM 100 System casks that meet
the criteria of Amendment Nos. 11 and
12 to Certificate of Compliance No.
1014.
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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 Holtec International
HI–STORM 100 System design listed in
§ 72.214. This action does not constitute
the establishment of a standard that
contains generally applicable
requirements.
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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, and the Category
‘‘NRC’’ does not confer regulatory
authority on the State, the State may
wish to inform its licensees of certain
requirements by means consistent with
the particular State’s administrative
procedure laws.
VII. 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).
VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend § 72.214 to
revise the Holtec International
HI–STORM 100 System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment Nos. 11
and 12 to Certificate of Compliance No.
1014. 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 direct final 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
Certificate of Compliance for the Holtec
International HI–STORM 100 System
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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 Nos. 11 and
12 update the Certificate of Compliance
as described in Section IV, ‘‘Discussion
of Changes,’’ of this document, for the
use of the Holtec International
HI–STORM 100 System.
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 assessments for
Amendment Nos. 11 and 12 tier 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 of 1969, as
amended.
The Holtec International HI–STORM
100 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, the type of facility
at which a holder of a power reactor
operating license would store spent fuel
in casks in accordance with 10 CFR part
72, include tornado winds and tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of confinement, shielding,
and criticality control in the event of an
accident. If there is no loss of
confinement, shielding, or criticality
control, the environmental impacts
resulting from an accident would be
insignificant. These amendments do not
reflect a significant change in design or
fabrication of the cask.
There are no significant changes to
cask design requirements in the
Certificate of Compliance amendments.
In addition, because there are no
significant design or process changes,
any resulting occupational exposure or
offsite dose rates from the
implementation of Amendment Nos. 11
and 12 would remain well within the 10
CFR part 20 limits. Therefore, the
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Certificate of Compliance changes will
not result in any radiological or nonradiological 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 exposure, and no significant
increase in the potential for or
consequences from radiological
accidents. The NRC documented its
safety findings in the preliminary safety
evaluation reports for Amendment Nos.
11 and 12.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment Nos. 11
and 12 and end the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into a Holtec International
HI–STORM 100 System cask in
accordance with the changes described
in Amendment Nos. 11 and 12 would
have to request an exemption from the
requirements of §§ 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
upon the NRC and the costs to each
licensee. Therefore, the environmental
impacts would be the same or less than
the proposed action.
E. Alternative Use of Resources
Approval of Amendment Nos. 11 and
12 to Certificate of Compliance No. 1014
would result in no irreversible
commitment 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 the National
Environmental Policy Act of 1969, as
amended, and the NRC’s regulations in
subpart A of 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: HOLTEC
International HI–STORM 100
Multipurpose Canister Cask System,’’
will not have a significant effect on the
human environment. Therefore, the
NRC has determined that an
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environmental impact statement is not
necessary for this direct final rule.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
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 direct final 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 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 (§ 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 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 Certificate of
Compliance, and the conditions of the
general license are met. A list of NRCapproved cask designs is contained in
§ 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 System
design by adding it to the list of NRCapproved cask designs in § 72.214.
On January 29, 2016, (supplemented
on February 16, 2016; June 6, 2016;
December 22, 2016; April 22, 2016;
September 8, 2017; November 10, 2017;
and December 21, 2017) and June 14,
2016, (supplemented on July 22, 2016;
November 4, 2016; August 25, 2017;
November 10, 2017; and December 22,
2017, Holtec International submitted
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applications to amend the HI–STORM
100 System as described in Section IV,
‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment Nos.
11 and 12 and to require any 10 CFR
part 72 general licensee seeking to load
spent nuclear fuel into a Holtec
International HI–STORM 100 System
cask under the changes described in
Amendment Nos. 11 and 12 to request
an exemption from the requirements of
§§ 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
upon 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
preliminary safety evaluation reports
and environmental assessment, this
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 or
benefit on other Government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
this 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 (§ 72.62) does not apply to
this direct final rule. Therefore, a backfit
analysis is not required. This direct final
rule revises Certificate of Compliance
No. 1014 for the Holtec International
HI–STORM 100 System, as currently
listed in § 72.214, ‘‘List of approved
spent fuel storage casks.’’ The revision
consists of adding Amendment Nos. 11
and 12, which revise the Certificate of
Compliance’s Technical Specifications
as described in Section IV, ‘‘Discussion
of Changes,’’ of this document.
Amendment Nos. 11 and 12 to
Certificate of Compliance No. 1014 for
the Holtec International HI–STORM 100
System were initiated by Holtec
International and were not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment Nos. 11 and 12 apply only
to new casks fabricated and used under
Amendment Nos. 11 and 12. These
changes do not affect existing users of
the Holtec International HI–STORM 100
System, and the current Amendment
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No. 10 continues to be effective for
existing users. While current Certificate
of Compliance users may comply with
the new requirements in Amendment
Nos. 11 and 12, this would be a
voluntary decision on the part of current
users.
For these reasons, Amendment Nos.
11 and 12 to Certificate of Compliance
No. 1014 do not constitute backfitting
under § 72.62 or § 50.109(a)(1), or
otherwise represent an inconsistency
with the issue finality provisions
applicable to combined licenses in 10
CFR part 52. Accordingly, the NRC has
not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
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./weblink/
Federal Register
citation
amozie on DSK3GDR082PROD with RULES
Document
Subpart K of 10 CFR part 72, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ ........................................
10 CFR part 72, ‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition’’ .............................................
Letter from Holtec International to NRC, ‘‘Holtec International HI–STORM 100 Multipurpose Canister Storage System
Amendment Request 1014–11’’ dated January 29, 2016 .........................................................................................................
Letter from Holtec International to NRC, ‘‘Supporting Information for License Amendment Request 11 (1014–11) to the HI–
STORM 100 CoC’’ dated February 16, 2016. (This letter contains five enclosures, and Enclosures 1 through 4 are proprietary information and not publicly available.) ............................................................................................................................
Letter from Holtec International to NRC, ‘‘Transmittal of Requests for Supplemental Information Responses Supporting HI–
STORM 100 License Amendment Request 1014–11’’ dated June 6, 2016 .............................................................................
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s Requests for Additional Information for HI–
STORM 100 License Amendment Request 1014–11’’ dated December 22, 2016 ..................................................................
Letter from Holtec International to NRC, ‘‘Modification to Requested Changes on HI–STORM 100 Amendment 11 Request’’
dated April 22, 2016 ...................................................................................................................................................................
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s 2nd Round Requests for Additional Information
for HI–STORM 100 License Amendment Request 1014–11’’ dated September 8, 2017 ........................................................
Letter from Holtec International to NRC, ‘‘Submittal of Supplemental Information on NRC’s Requests for Additional Information for HI–STORM 100 License Amendment Request 1014–11’’ dated November 10, 2017. (This package contains nine
attachments, and Attachments 1, 6, 7, and 8 are proprietary information and not publicly available.) ...................................
Letter from Holtec International to NRC, ‘‘Submittal of Revised Supplemental Information on NRC’s Requests for Additional
Information for HI–STORM 100 License Amendment Request 1014–11’’ dated December 21, 2017 ....................................
User Need Memorandum for Rulemaking for the Holtec International HI–STORM 100 Cask System, Amendment 11 ............
Proposed Certificate of Compliance 1014, Amendment 11, Certificate of Compliance for Spent Fuel Storage Casks ..............
Proposed Certificate of Compliance 1014, Amendment 11, Technical Specifications, Appendix A ............................................
Proposed Certificate of Compliance 1014, Amendment 11, Approved Contents and Design Features, Appendix B .................
Proposed Certificate of Compliance 1014, Amendment 11, Technical Specifications, Appendix A–100U .................................
Proposed Certificate of Compliance 1014, Amendment 11, Approved Contents and Design Features, Appendix B–100U ......
Certificate of Compliance 1014, Amendment 11, Preliminary Safety Evaluation Report .............................................................
Letter from Holtec International to NRC, ‘‘Holtec International HI–STORM 100 Multipurpose Canister Storage System
Amendment Request 1014–12’’ dated June 14, 2016 ..............................................................................................................
Letter from Holtec International to NRC, ‘‘Holtec International HI–STORM 100 Multipurpose Canister Storage System
Amendment Request 1014–12 Supporting Calculation Packages’’ dated July 22, 2016. (This package contains four attachments, and Attachments 1 through 3 are proprietary information and not publicly available.) ..........................................
Letter from Holtec International to NRC, ‘‘HI–STORM 100 Amendment 12 Responses to Requests for Supplemental Information’’ dated November 4, 2016. (This package contains five attachments, and Attachment 4 is proprietary information
and not publicly available.) ........................................................................................................................................................
Holtec International Final Safety Analysis Report for the HI–STORM 100 Cask System, Revision 13 dated March 31, 2016 ..
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s Requests for Additonal Information for HI–
STORM 100 License Amendment Request 1014–12’’ dated August 25, 2017. (This package contains 13 attachments,
and Attachments 1, 5, 7, 8, 9, 10, 11, and 12 are proprietary information and not publicly available.) ..................................
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s 2nd Round Requests for Additional Information
for HI–STORM 100 License Amendment Request 1014–11’’ dated September 8, 2017. (This package contains seven attachments, and Attachments 1, 5, and 6 are proprietary information and not publicly available.) ...........................................
Letter from Holtec International to NRC, ‘‘Submittal of Supplemental Information on NRC’s Requests for Additional Information for HI–STORM 100 License Amendment Request 1014–12’’ dated November 10, 2017. (This package contains six
attachments, and Attachment 1 is proprietary information and not publicly available.) ............................................................
Letter from Holtec International to NRC, ‘‘Submittal of Revised Supplemental Information on NRC’s Requests for Additional
Information for HI–STORM 100 License Amendment Request 1014–12’’ dated December 22, 2017 ....................................
User Need Memorandum for Rulemaking for the Holtec International HI–STORM 100 Cask System, Amendment 12 ............
Proposed Certificate of Compliance 1014, Amendment 12, Certificate of Compliance for Spent Fuel Storage Casks ..............
Proposed Certificate of Compliance 1014, Amendment 12, Technical Specifications, Appendix A ............................................
Proposed Certificate of Compliance 1014, Amendment 12, Approved Contents and Design Features, Appendix B .................
Proposed Certificate of Compliance 1014, Amendment 12, Technical Specifications, Appendix A–100U .................................
Proposed Certificate of Compliance 1014, Amendment 12, Approved Contents and Design Features, Appendix B–100U ......
Certificate of Compliance 1014, Amendment 12, Preliminary Safety Evaluation Report .............................................................
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2018–0221. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2018–0221); (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; 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
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.
2. In § 72.214, Certificate of
Compliance 1014 is revised to read as
follows:
amozie on DSK3GDR082PROD with RULES
■
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
Amendment Number 8, Revision 1,
Effective Date: February 16, 2016.
Amendment Number 8, Revision 1,
Effective Date: February 16, 2016.
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1, on
March 21, 2016.
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected (ADAMS Accession No.
ML17236A451).
Amendment Number 10 Effective
Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective
Date: February 25, 2019.
Amendment Number 12 Effective
Date: February 25, 2019.
Safety Analysis Report Submitted by:
Holtec International.
Safety Anaylsis Report 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 29th day
of November 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018–26877 Filed 12–11–18; 8:45 am]
BILLING CODE 7590–01–P
§ 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.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0584; Product
Identifier 2017–NM–173–AD; Amendment
39–19494; AD 2018–23–08]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A330–200, A330–
200 Freighter, and A330–300 series
airplanes. This AD was prompted by
reports of dual flight management
system (FMS) resets with the loss of
flight plan (F–PLN) data. This AD
requires revising the airplane flight
manual (AFM) to prohibit required
navigation performance-authorization
required (RNP–AR) operations using
flight management guidance envelope
computer (FMGEC) standard P5H3. This
AD would also require modifying the
FMS software of airplanes equipped
with FMGEC standard P5H3. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 16,
2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 16, 2019.
ADDRESSES: For service information
identified in this final rule, contact
Airbus SAS, Airworthiness Office—
EAL, Rond-Point Emile Dewoitine No:
2, 31700 Blagnac Cedex, France, France;
telephone +33 5 61 93 36 96; fax +33 5
61 93 45 80; email airworthiness.A330–
A340@airbus.com; internet https://
www.airbus.com. You may view this
service information at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–
0584.
SUMMARY:
Examining the AD Docket
*
VerDate Sep<11>2014
63799
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the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0584; or in person at Docket Operations
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Agencies
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63794-63799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26877]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0221]
RIN 3150-AK18
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Multipurpose Canister Cask System, Certificate of
Compliance No. 1014, Amendment Nos. 11 and 12
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 Holtec International HI-
STORM 100 Multipurpose Canister Cask System (HI-STORM 100 System)
listing within the ``List of approved spent fuel storage casks'' to
include Amendment Nos. 11 and 12 to Certificate of Compliance No. 1014.
Amendment Nos. 11 and 12 revise multiple items in the Technical
Specifications for multi-purpose canister models listed under
Certificate of Compliance No. 1014; most of these revisions involve
changes to the authorized contents. In addition, Amendment No. 11 makes
several other editorial changes.
DATES: This direct final rule is effective February 25, 2019, unless
significant adverse comments are received by January 11, 2019. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register
(FR). Comments received after this date will be considered if it is
practical to do so, but the NRC 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 FR.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0221. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals 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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Vanessa Cox, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-8342; email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
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-2018-0221 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0221.
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 ``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-2018-0221 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should 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. Rulemaking Procedure
This rule is limited to the changes contained in Amendment Nos. 11
and No. 12 to Certificate of Compliance No. 1014 and does not include
other aspects of the Holtec International HI-STORM 100 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 Certificate of Compliance that is expected to be
noncontroversial. Adequate protection of public health and safety
continues to be ensured. The amendments to the rule will become
[[Page 63795]]
effective on February 25, 2019. However, if the NRC receives
significant adverse comments on this direct final rule by January 11,
2019, 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
Rules section of this issue of the FR. 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 or
unacceptable 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, Certificate of Compliance, or Technical
Specifications.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rule section of this
issue of the FR.
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 that 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
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 System design and added it to the list of NRC-approved cask
designs in Sec. 72.214 as Certificate of Compliance No. 1014.
IV. Discussion of Changes
Holtec International submitted a request to the NRC to amend
Certificate of Compliance No. 1014 in a letter dated January 29, 2016,
and supplemented its request on February 16, 2016; June 6, 2016;
December 22, 2016; April 22, 2016; September 8, 2017; November 10,
2017; and December 21, 2017. This revised Certificate of Compliance was
denoted as Amendment No. 11 to Certificate of Compliance No. 1014. The
revisions to Amendment No. 11 involve the following changes to the
authorized contents:
1. Increase the per-storage location weight limit for cells
authorized for damaged fuel containers in multipurpose canisters (MPCs)
MPC-68, MPC-68FF, and MPC-68M in the HI-STORM 100 storage system.
2. Change surveillance requirements for casks with certain heat
loads as specified in the Technical Specifications.
3. Allow the storage of higher average initial enrichment weight
percent uranium (U)-235 fuel with low enriched Chalk River unidentified
deposits-induced localized corrosion fuel.
4. Increase the enrichment limit for 10x10G boiling water reactor
fuel assemblies from 4.6 weight percent U-235 to 4.75 weight percent U-
235.
5. Change the minimum soluble boron concentration limits for the
17x17A pressurized water reactor fuel assemblies in MPC-32.
6. Increase the burnup limit to accommodate non-fuel hardware
consisting of neutron source assemblies in combination with other
control components.
7. Add thoria rods/canister as contents for the MPC-68M.
8. Add a second permissible composition for thoria rods for all
MPC-68 models. The new thoria rod composition is made of 98.5 weight
percent thorium dioxide and 1.5 weight percent uranium oxide. The
maximum enrichment of U-235 in uranium oxide is 93.5 weight percent.
Amendment No. 11 also makes the following editorial changes:
1. Clarify heat load limits and drying methods in Appendix A, Table
3-1.
2. Include NUREG-0612, ``Control of Heavy Loads at Nuclear Power
Plants: Resolution of Generic Technical Activity A-36.'' as a basis for
stress limits.
3. Remove manufacturer's tolerance in Appendix B, Tables 2.1-2 and
2.1-3.
4. Clarify dose evaluation for stainless steel replacement and
dummy rods in Appendix B, Tables 2.1-2 and 2.1-3.
Holtec International submitted another request to the NRC to amend
Certificate of Compliance No. 1014 in a letter dated June 14, 2016, and
supplemented its request on July 22, 2016; November 4, 2016; August 25,
2017; November 10, 2017; and December 22, 2017. This revised
Certificate of Compliance was denoted as Amendment No. 12 to
Certificate of Compliance No. 1014. The revisions to Amendment No. 12
involve the following changes to the authorized contents:
1. Add a new regionalized quarter-symmetric heat load pattern for
MPC-68M and allow fuel that has been cooled for at least 2 years to be
stored in the MPC-68M.
2. Allow the storage of damaged fuel and fuel debris in damaged
fuel containers under the new regionalized quarter-symmetric heat load
pattern.
3. Add a new duplex stainless steel as an allowed material for the
MPC confinement boundary in the HI-STORM 100 system.
4. Add cyclic vacuum drying for all MPCs.
5. Update coefficients for burnup calculation equations for fuel
assemblies with cooling time of 2 through 40 years.
As documented in the Preliminary Safety Evaluation Reports for
Amendment Nos. 11 and 12, the NRC performed detailed safety evaluations
of the Certificate of Compliance amendment requests. There are no
significant changes to cask design requirements in the Certificate of
[[Page 63796]]
Compliance amendments. Considering the specific design requirements for
each accident condition, the design of the cask would prevent loss of
containment, shielding, and criticality control in the event of an
accident. These amendments do 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 Nos. 11 and 12 would remain well within the 10 CFR part 20
limits. There will be no significant change in the types or amounts of
any effluent released, no significant increase in the individual or
cumulative radiation exposure, and no significant increase in the
potential for or consequences from radiological accidents.
This direct final rule revises the Holtec International HI-STORM
100 System listing in Sec. 72.214 by adding Amendment Nos. 11 and 12
to Certificate of Compliance No. 1014. The amendments consist of the
changes previously described, as set forth in the revised Certificate
of Compliance and Technical Specifications. The revised technical
specifications are identified in the preliminary safety evaluation
report.
The amended Holtec International HI-STORM 100 cask design, when
used under the conditions specified in the Certificate of Compliance,
the Technical Specifications, and 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
Sec. 72.210 may, consistent with the license conditions under Sec.
72.212, load spent nuclear fuel into Holtec International HI-STORM 100
System casks that meet the criteria of Amendment Nos. 11 and 12 to
Certificate of Compliance No. 1014.
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 Holtec International HI-STORM 100 System design listed in Sec.
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, and the
Category ``NRC'' does not confer regulatory authority on the State, the
State may wish to inform its licensees of certain requirements by means
consistent with the particular State's administrative procedure laws.
VII. 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).
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend Sec. 72.214 to revise the Holtec
International HI-STORM 100 System listing within the ``List of approved
spent fuel storage casks'' to include Amendment Nos. 11 and 12 to
Certificate of Compliance No. 1014. 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 direct final 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 Certificate of Compliance for the
Holtec International HI-STORM 100 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 Nos. 11 and 12 update the Certificate of
Compliance as described in Section IV, ``Discussion of Changes,'' of
this document, for the use of the Holtec International HI-STORM 100
System.
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 assessments for Amendment Nos. 11 and 12 tier 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 of 1969, as amended.
The Holtec International HI-STORM 100 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, 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 confinement,
shielding, and criticality control in the event of an accident. If
there is no loss of confinement, shielding, or criticality control, the
environmental impacts resulting from an accident would be
insignificant. These amendments do not reflect a significant change in
design or fabrication of the cask.
There are no significant changes to cask design requirements in the
Certificate of Compliance amendments. In addition, because there are no
significant design or process changes, any resulting occupational
exposure or offsite dose rates from the implementation of Amendment
Nos. 11 and 12 would remain well within the 10 CFR part 20 limits.
Therefore, the
[[Page 63797]]
Certificate of Compliance 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 exposure, and no significant increase in the
potential for or consequences from radiological accidents. The NRC
documented its safety findings in the preliminary safety evaluation
reports for Amendment Nos. 11 and 12.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment
Nos. 11 and 12 and end the direct final rule. Consequently, any 10 CFR
part 72 general licensee that seeks to load spent nuclear fuel into a
Holtec International HI-STORM 100 System cask in accordance with the
changes described in Amendment Nos. 11 and 12 would have to request an
exemption from the requirements of Sec. Sec. 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 upon the NRC and the costs to each
licensee. Therefore, the environmental impacts would be the same or
less than the proposed action.
E. Alternative Use of Resources
Approval of Amendment Nos. 11 and 12 to Certificate of Compliance
No. 1014 would result in no irreversible commitment 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 the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 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: HOLTEC International HI-STORM 100 Multipurpose Canister Cask
System,'' 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 direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0132.
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 direct final 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
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 (Sec.
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 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 Certificate of
Compliance, and the conditions of the general license are met. A list
of NRC-approved cask designs is contained in Sec. 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 System design by adding
it to the list of NRC-approved cask designs in Sec. 72.214.
On January 29, 2016, (supplemented on February 16, 2016; June 6,
2016; December 22, 2016; April 22, 2016; September 8, 2017; November
10, 2017; and December 21, 2017) and June 14, 2016, (supplemented on
July 22, 2016; November 4, 2016; August 25, 2017; November 10, 2017;
and December 22, 2017, Holtec International submitted applications to
amend the HI-STORM 100 System as described in Section IV, ``Discussion
of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
Nos. 11 and 12 and to require any 10 CFR part 72 general licensee
seeking to load spent nuclear fuel into a Holtec International HI-STORM
100 System cask under the changes described in Amendment Nos. 11 and 12
to request an exemption from the requirements of Sec. Sec. 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 upon
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 preliminary safety evaluation
reports and environmental assessment, this 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 or benefit on
other Government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this 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 (Sec. 72.62) does not
apply to this direct final rule. Therefore, a backfit analysis is not
required. This direct final rule revises Certificate of Compliance No.
1014 for the Holtec International HI-STORM 100 System, as currently
listed in Sec. 72.214, ``List of approved spent fuel storage casks.''
The revision consists of adding Amendment Nos. 11 and 12, which revise
the Certificate of Compliance's Technical Specifications as described
in Section IV, ``Discussion of Changes,'' of this document.
Amendment Nos. 11 and 12 to Certificate of Compliance No. 1014 for
the Holtec International HI-STORM 100 System were initiated by Holtec
International and were not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment Nos. 11 and 12
apply only to new casks fabricated and used under Amendment Nos. 11 and
12. These changes do not affect existing users of the Holtec
International HI-STORM 100 System, and the current Amendment
[[Page 63798]]
No. 10 continues to be effective for existing users. While current
Certificate of Compliance users may comply with the new requirements in
Amendment Nos. 11 and 12, this would be a voluntary decision on the
part of current users.
For these reasons, Amendment Nos. 11 and 12 to Certificate of
Compliance No. 1014 do not constitute backfitting under Sec. 72.62 or
Sec. 50.109(a)(1), or otherwise represent an inconsistency with the
issue finality provisions applicable to combined licenses in 10 CFR
part 52. Accordingly, the NRC has not prepared a backfit analysis for
this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
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./weblink/
Document Federal Register
citation
------------------------------------------------------------------------
Subpart K of 10 CFR part 72, ``General License for 55 FR 29181
Storage of Spent Fuel at Power Reactor Sites''......
10 CFR part 72, ``List of Approved Spent Fuel Storage 65 FR 25241
Casks: Holtec HI-STORM 100 Addition''...............
Letter from Holtec International to NRC, ``Holtec ML16029A528
International HI-STORM 100 Multipurpose Canister
Storage System Amendment Request 1014-11'' dated
January 29, 2016....................................
Letter from Holtec International to NRC, ``Supporting ML16069A246
Information for License Amendment Request 11 (1014-
11) to the HI-STORM 100 CoC'' dated February 16,
2016. (This letter contains five enclosures, and
Enclosures 1 through 4 are proprietary information
and not publicly available.)........................
Letter from Holtec International to NRC, ML16159A344
``Transmittal of Requests for Supplemental
Information Responses Supporting HI-STORM 100
License Amendment Request 1014-11'' dated June 6,
2016................................................
Letter from Holtec International to NRC, ``Submittal ML17005A236
of Responses to NRC's Requests for Additional
Information for HI-STORM 100 License Amendment
Request 1014-11'' dated December 22, 2016...........
Letter from Holtec International to NRC, ML16113A394
``Modification to Requested Changes on HI-STORM 100
Amendment 11 Request'' dated April 22, 2016.........
Letter from Holtec International to NRC, ``Submittal ML17261A159
of Responses to NRC's 2nd Round Requests for
Additional Information for HI-STORM 100 License
Amendment Request 1014-11'' dated September 8, 2017.
Letter from Holtec International to NRC, ``Submittal ML17325A555
of Supplemental Information on NRC's Requests for
Additional Information for HI-STORM 100 License
Amendment Request 1014-11'' dated November 10, 2017.
(This package contains nine attachments, and
Attachments 1, 6, 7, and 8 are proprietary
information and not publicly available.)............
Letter from Holtec International to NRC, ``Submittal ML17362A113
of Revised Supplemental Information on NRC's
Requests for Additional Information for HI-STORM 100
License Amendment Request 1014-11'' dated December
21, 2017............................................
User Need Memorandum for Rulemaking for the Holtec ML18141A568
International HI-STORM 100 Cask System, Amendment 11
Proposed Certificate of Compliance 1014, Amendment ML18141A561
11, Certificate of Compliance for Spent Fuel Storage
Casks...............................................
Proposed Certificate of Compliance 1014, Amendment ML18141A562
11, Technical Specifications, Appendix A............
Proposed Certificate of Compliance 1014, Amendment ML18141A563
11, Approved Contents and Design Features, Appendix
B...................................................
Proposed Certificate of Compliance 1014, Amendment ML18141A564
11, Technical Specifications, Appendix A-100U.......
Proposed Certificate of Compliance 1014, Amendment ML18141A565
11, Approved Contents and Design Features, Appendix
B-100U..............................................
Certificate of Compliance 1014, Amendment 11, ML18141A567
Preliminary Safety Evaluation Report................
Letter from Holtec International to NRC, ``Holtec ML16169A363
International HI-STORM 100 Multipurpose Canister
Storage System Amendment Request 1014-12'' dated
June 14, 2016.......................................
Letter from Holtec International to NRC, ``Holtec ML16210A133
International HI-STORM 100 Multipurpose Canister
Storage System Amendment Request 1014-12 Supporting
Calculation Packages'' dated July 22, 2016. (This
package contains four attachments, and Attachments 1
through 3 are proprietary information and not
publicly available.)................................
Letter from Holtec International to NRC, ``HI-STORM ML16313A216
100 Amendment 12 Responses to Requests for
Supplemental Information'' dated November 4, 2016.
(This package contains five attachments, and
Attachment 4 is proprietary information and not
publicly available.)................................
Holtec International Final Safety Analysis Report for ML16138A100
the HI-STORM 100 Cask System, Revision 13 dated
March 31, 2016......................................
Letter from Holtec International to NRC, ``Submittal ML17251A739
of Responses to NRC's Requests for Additonal
Information for HI-STORM 100 License Amendment
Request 1014-12'' dated August 25, 2017. (This
package contains 13 attachments, and Attachments 1,
5, 7, 8, 9, 10, 11, and 12 are proprietary
information and not publicly available.)............
Letter from Holtec International to NRC, ``Submittal ML17261A159
of Responses to NRC's 2nd Round Requests for
Additional Information for HI-STORM 100 License
Amendment Request 1014-11'' dated September 8, 2017.
(This package contains seven attachments, and
Attachments 1, 5, and 6 are proprietary information
and not publicly available.)........................
Letter from Holtec International to NRC, ``Submittal ML17326A174
of Supplemental Information on NRC's Requests for
Additional Information for HI-STORM 100 License
Amendment Request 1014-12'' dated November 10, 2017.
(This package contains six attachments, and
Attachment 1 is proprietary information and not
publicly available.)................................
Letter from Holtec International to NRC, ``Submittal ML17362A130
of Revised Supplemental Information on NRC's
Requests for Additional Information for HI-STORM 100
License Amendment Request 1014-12'' dated December
22, 2017............................................
User Need Memorandum for Rulemaking for the Holtec ML18087A056
International HI-STORM 100 Cask System, Amendment 12
Proposed Certificate of Compliance 1014, Amendment ML18087A057
12, Certificate of Compliance for Spent Fuel Storage
Casks...............................................
Proposed Certificate of Compliance 1014, Amendment ML18087A058
12, Technical Specifications, Appendix A............
Proposed Certificate of Compliance 1014, Amendment ML18087A059
12, Approved Contents and Design Features, Appendix
B...................................................
Proposed Certificate of Compliance 1014, Amendment ML18087A060
12, Technical Specifications, Appendix A-100U.......
Proposed Certificate of Compliance 1014, Amendment ML18087A061
12, Approved Contents and Design Features, Appendix
B-100U..............................................
Certificate of Compliance 1014, Amendment 12, ML18087A062
Preliminary Safety Evaluation Report................
------------------------------------------------------------------------
[[Page 63799]]
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2018-0221. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2018-0221); (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; 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 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 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
Amendment Number 8, Revision 1, Effective Date: February 16, 2016.
Amendment Number 8, Revision 1, Effective Date: February 16, 2016.
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1, on March 21, 2016.
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as
corrected (ADAMS Accession No. ML17236A451).
Amendment Number 10 Effective Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective Date: February 25, 2019.
Amendment Number 12 Effective Date: February 25, 2019.
Safety Analysis Report Submitted by: Holtec International.
Safety Anaylsis Report 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 29th day of November 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-26877 Filed 12-11-18; 8:45 am]
BILLING CODE 7590-01-P