List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment No. 14, 52747-52751 [2019-21209]
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Rules and Regulations
Federal Register
Vol. 84, No. 192
Thursday, October 3, 2019
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2019–0160]
RIN 3150–AK36
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Multipurpose Canister Cask
System, Certificate of Compliance No.
1014, Amendment No. 14
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 listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 14 to
Certificate of Compliance No. 1014.
Amendment No. 14 revises the technical
specifications to add new heat loading
patterns, reduce the minimum cooling
time, allow use of a damaged fuel
isolator for storing damaged fuel, and
modify the description of vents in
overpack. Amendment No. 14 also
makes other administrative changes to
the technical specifications. These
revisions are discussed in more detail in
the ‘‘Discussion of Changes’’ section of
this document.
DATES: This direct final rule is effective
December 17, 2019, unless significant
adverse comments are received by
November 4, 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rule is withdrawn as a result of such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. 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
SUMMARY:
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comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0160. Address
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 Torre Taylor, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–7900; email:
Torre.Taylor@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
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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–2019–
0160 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:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0160.
• 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–2019–
0160 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.
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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 direct final rule is limited to the
changes contained in Amendment No.
14 to Certificate of Compliance No. 1014
and does not include other aspects of
the Holtec International HI–STORM 100
Multipurpose Canister Cask System (HI–
STORM 100 Cask 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 amendment to the rule
will become effective on December 17,
2019. However, if the NRC receives
significant adverse comments on this
direct final rule by November 4, 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 Federal Register. Absent
significant modifications to the
proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective 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 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.
(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 to
make a change (other than editorial) to
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the rule, certificate of compliance, or
technical specifications.
For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rules section of this issue of
the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he 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
Nuclear Waste Policy Act states, in part,
that ‘‘[the Commission] shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule which added a
new subpart K in part 72 of title 10 of
the Code of Federal Regulations (10
CFR) entitled ‘‘General License for
Storage of Spent Fuel at Power Reactor
Sites’’ (55 FR 29181; July 18, 1990). This
rule also established a new subpart L in
10 CFR part 72 entitled ‘‘Approval of
Spent Fuel Storage Casks,’’ which
contains procedures and criteria for
obtaining NRC approval of spent fuel
storage cask designs. The NRC
subsequently issued a final rule on May
1, 2000, that approved the HI–STORM
100 Cask System design and added it to
the list of NRC-approved cask designs in
10 CFR 72.214 as Certificate of
Compliance No. 1014 (65 FR 25241).
IV. Discussion of Changes
On October 31, 2018, as
supplemented on November 6, 2018,
February 28, 2019, April 5, 2019, April
23, 2019, May 13, 2019, and August 8,
2019, Holtec International submitted a
request to amend Certificate of
Compliance No. 1014 for the HI–
STORM 100 Cask System. Amendment
No. 14 revises the technical
specifications to: (1) Add three new
regionalized Quarter Symmetric Heat
Load loading patterns for the
multipurpose canister (MPC)–68M; (2)
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reduce the minimum cooling time to 1
year for all fuel types for storage in the
MPC–68M; (3) use a damaged fuel
isolator for damaged fuel stored in the
MPC–68M; and (4) modify the
description of the vents in the overpack
in the certificate of compliance and
remove the word ‘‘four’’ from Section
1.b describing the air inlet and outlet
vents. Amendment No. 14 also makes
other administrative changes to the
technical specifications. The revised
certificate of compliance and technical
specifications are identified and
evaluated in the preliminary safety
evaluation report.
As documented in that preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
proposed certificate of compliance
amendment request. There are no
significant changes to cask design
requirements in the proposed
amendment.
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. The amendment does not
reflect a significant change in design or
fabrication of the cask. In addition, any
resulting occupational exposure or
offsite dose rates from the
implementation of Amendment No. 14
would remain well within the limits
specified by 10 CFR part 20, ‘‘Standards
for Protection Against Radiation.’’ 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.
The amended Holtec International
HI–STORM 100 Cask System design,
when used under the conditions
specified in the certificate of
compliance, technical specifications,
and the NRC’s regulations, will meet the
requirements of 10 CFR part 72;
therefore, adequate protection of public
health and safety will continue to be
ensured. When this direct final rule
becomes effective, persons who hold a
general license under § 72.210 may,
consistent with the license conditions
under § 72.212, load spent nuclear fuel
into those HI–STORM 100 Cask System
casks that meet the criteria of
Amendment No. 14 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
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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 Cask System design
listed in § 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 chapter I. 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 31885).
VIII. Environmental Assessment and
Finding of No Significant Impact
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.
A. The Action
The action is to amend § 72.214 to
revise the Holtec International HI–
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STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 14 to
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the
certificate of compliance 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. 14 updates the
certificate of compliance to: (1) Add
three new regionalized Quarter
Symmetric Heat Load loading patterns
for the MPC–68M; (2) reduce the
minimum cooling time to 1 year for all
fuel types for storage in the MPC–68M;
(3) use a damaged fuel isolator for
damaged fuel stored in the MPC–68M;
and (4) modify the description of the
vents in the overpack in the certificate
of compliance and remove the word
‘‘four’’ from Section 1.b describing the
air inlet and outlet vents. Amendment
No. 14 also makes other administrative
changes to the technical specifications.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 14 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 of 1969, as
amended.
Holtec International HI–STORM 100
Cask Systems are 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
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52749
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. This amendment does not
reflect a significant change in design or
fabrication of the cask. Because there are
no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 14
would remain well within 10 CFR part
20 limits. Therefore, the proposed
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 exposures, and no significant
increase in the potential for, or
consequences of, radiological accidents.
The NRC documented its safety
findings in a preliminary safety
evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 14
and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the Holtec
International HI–STORM 100 Cask
System in accordance with the changes
described in proposed Amendment No.
14 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. The environmental
impacts would be the same as the
proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 14 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.
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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, Certificate of Compliance
No. 1014, Amendment No. 14,’’ 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 (§ 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 HI–
STORM 100 Cask System design by
adding it to the list of NRC-approved
cask designs in § 72.214.
On October 31, 2018, and as
supplemented on November 6, 2018,
February 28, 2019, April 5, 2019, April
23, 2019, May 13, 2019, and August 8,
2019, Holtec International submitted an
application to amend the Holtec
International HI–STORM 100
Multipurpose Canister Cask System as
described in Section IV, ‘‘Discussion of
Changes,’’ of this document.
The alternative to this action is to
withhold approval of Amendment No.
14 and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the Holtec
International HI–STORM 100 Cask
System under the changes described in
Amendment No. 14 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 report 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 Cask System, as
currently listed in § 72.214. The
amendment consists of the changes in
Amendment No. 14 previously
described, as set forth in the revised
certificate of compliance and technical
specifications.
Amendment No. 14 to Certificate of
Compliance No. 1014 for the Holtec
International HI–STORM 100 Cask
System was initiated by Holtec
International and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment No. 14 applies only to new
casks fabricated and used under
Amendment No. 14. These changes do
not affect existing users of the Holtec
International HI–STORM 100 Cask
System, and previous amendments
continue to be effective for existing
users. While current certificate of
compliance users may comply with the
new requirements in Amendment No.
14, this would be a voluntary decision
on the part of current users.
For these reasons, Amendment No. 14
to Certificate of Compliance No. 1014
does 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 staff 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 the following
methods.
ADAMS
accession No.
Document
Letter from Holtec International Transmitting Request for Amendment No. 14 to Certificate of Compliance No. 1014, October
31, 2018.
Attachment 1: Summary of Request for Amendment No. 14 to Certificate of Compliance No. 1014, October 31, 2018 ..............
Attachment 2: Proposed Amendment No. 14 to Certificate of Compliance No. 1014, October 31, 2018 ......................................
Attachment 3: Proposed Amendment No. 14 to Certificate of Compliance No. 1014, Appendix A, October 31, 2018 .................
Attachment 4: Proposed Amendment No. 14 to Certificate of Compliance No. 1014, Appendix B, October 31, 2018 .................
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ADAMS
accession No.
Document
Attachment 5: Final Safety Analysis Report Proposed Changes, October 31, 2018 ......................................................................
Letter from Holtec International Transmitting Supplement to Amendment Request, November 6, 2018 .......................................
Letter from Holtec International Transmitting Responses to NRC’s 1st Round of Requests for Additional Information for
Amendment No. 14, February 28, 2019.
Attachment 2: Requests for Additional Information, Combined Responses, Non-Proprietary, February 28, 2019 ........................
Attachment 3: Final Safety Analysis Report Proposed Changes, Non-Proprietary, February 28, 2019 .........................................
Attachment 4: Summary of Proposed Changes, Non-Proprietary, February 28, 2019 ...................................................................
Letter from Holtec International Transmitting Responses to Clarification Questions, April 5, 2019 ...............................................
Attachment 1: Responses to Clarification Questions, April 5, 2019 ................................................................................................
Attachment 2: Final Safety Analysis Report (Proposed Revision 16B), April 5, 2019 ....................................................................
Letter from Holtec International, Submittal of Responses to Clarification Questions, April 23, 2019 .............................................
Final Safety Analysis Report (Proposed Revision 16B), Chapter 2, Changed Pages, April 5, 2019 .............................................
Letter from Holtec International, Submittal of Responses to Clarification Questions, dated May 13, 2019 ...................................
Final Safety Analysis Report (Proposed Revision 16B), Chapter 2, Changed Pages, May 13, 2019 ............................................
Proposed Certificate of Compliance No. 1014 Amendment No. 14, Certificate of Compliance for Spent Fuel Storage Casks ....
Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix A ..................................
Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix B ..................................
Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix A–100U ........................
Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix B–100U ........................
Certificate of Compliance No. 1014 Amendment No. 14, Preliminary Safety Evaluation Report ...................................................
Email from J. Tomlinson, Holtec, regarding administrative change to HI-Storm 100 Amendment 14 CoC, Appendix B, August
8, 2019.
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–2019–0160. 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–2019–0160); (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).
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553, the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
VerDate Sep<11>2014
16:33 Oct 02, 2019
Jkt 250001
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 No. 1014 is revised to read
as follows:
■
List of Subjects in 10 CFR Part 72
§ 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 8, Revision 1
Effective Date: February 16, 2016.
PO 00000
Frm 00005
Fmt 4700
52751
Sfmt 4700
ML18331A049
ML18324A577
ML19065A053
ML19065A027
ML19065A029
ML19065A030
ML19101A339
ML19101A337
ML19114A289
ML19121A280
ML19121A279
ML19140A278
ML19140A277
ML19120A058
ML19120A059
ML19120A061
ML19120A062
ML19120A063
ML19120A064
ML19224A393
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, as corrected
(ADAMS Accession No. ML19109A111).
Amendment Number 13 Effective
Date: May 13, 2019, as corrected
(ADAMS Accession No. ML19109A122).
Amendment Number 14 Effective
Date: December 17, 2019
Safety Analysis Report (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 17th day
of September, 2019.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Executive Director for Operations.
[FR Doc. 2019–21209 Filed 10–2–19; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Rules and Regulations]
[Pages 52747-52751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21209]
========================================================================
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.
========================================================================
Federal Register / Vol. 84, No. 192 / Thursday, October 3, 2019 /
Rules and Regulations
[[Page 52747]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0160]
RIN 3150-AK36
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Multipurpose Canister Cask System, Certificate of
Compliance No. 1014, Amendment No. 14
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 listing within the ``List
of approved spent fuel storage casks'' to include Amendment No. 14 to
Certificate of Compliance No. 1014. Amendment No. 14 revises the
technical specifications to add new heat loading patterns, reduce the
minimum cooling time, allow use of a damaged fuel isolator for storing
damaged fuel, and modify the description of vents in overpack.
Amendment No. 14 also makes other administrative changes to the
technical specifications. These revisions are discussed in more detail
in the ``Discussion of Changes'' section of this document.
DATES: This direct final rule is effective December 17, 2019, unless
significant adverse comments are received by November 4, 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.
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
Federal Register.
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-2019-0160. 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 Torre Taylor, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-7900; 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-2019-0160 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-2019-0160.
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-2019-0160 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.
[[Page 52748]]
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 direct final rule is limited to the changes contained in
Amendment No. 14 to Certificate of Compliance No. 1014 and does not
include other aspects of the Holtec International HI-STORM 100
Multipurpose Canister Cask System (HI-STORM 100 Cask 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 amendment to the rule will become
effective on December 17, 2019. However, if the NRC receives
significant adverse comments on this direct final rule by November 4,
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 Federal Register. Absent significant
modifications to the proposed revisions requiring republication, the
NRC will not initiate a second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective 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 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.
(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 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 Rules section of this
issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he 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 Nuclear
Waste Policy Act states, in part, that ``[the Commission] shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule which added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000, that approved the HI-STORM 100 Cask System design and
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as
Certificate of Compliance No. 1014 (65 FR 25241).
IV. Discussion of Changes
On October 31, 2018, as supplemented on November 6, 2018, February
28, 2019, April 5, 2019, April 23, 2019, May 13, 2019, and August 8,
2019, Holtec International submitted a request to amend Certificate of
Compliance No. 1014 for the HI-STORM 100 Cask System. Amendment No. 14
revises the technical specifications to: (1) Add three new regionalized
Quarter Symmetric Heat Load loading patterns for the multipurpose
canister (MPC)-68M; (2) reduce the minimum cooling time to 1 year for
all fuel types for storage in the MPC-68M; (3) use a damaged fuel
isolator for damaged fuel stored in the MPC-68M; and (4) modify the
description of the vents in the overpack in the certificate of
compliance and remove the word ``four'' from Section 1.b describing the
air inlet and outlet vents. Amendment No. 14 also makes other
administrative changes to the technical specifications. The revised
certificate of compliance and technical specifications are identified
and evaluated in the preliminary safety evaluation report.
As documented in that preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. There are no significant changes to cask design
requirements in the proposed amendment.
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. The
amendment does not reflect a significant change in design or
fabrication of the cask. In addition, any resulting occupational
exposure or offsite dose rates from the implementation of Amendment No.
14 would remain well within the limits specified by 10 CFR part 20,
``Standards for Protection Against Radiation.'' 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.
The amended Holtec International HI-STORM 100 Cask System design,
when used under the conditions specified in the certificate of
compliance, technical specifications, and the NRC's regulations, will
meet the requirements of 10 CFR part 72; therefore, adequate protection
of public health and safety will continue to be ensured. When this
direct final rule becomes effective, persons who hold a general license
under Sec. 72.210 may, consistent with the license conditions under
Sec. 72.212, load spent nuclear fuel into those HI-STORM 100 Cask
System casks that meet the criteria of Amendment No. 14 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
[[Page 52749]]
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 Cask 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 chapter I. 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
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
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.
A. The Action
The action is to amend Sec. 72.214 to revise the Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 14 to
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the certificate of compliance 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. 14 updates the certificate of compliance
to: (1) Add three new regionalized Quarter Symmetric Heat Load loading
patterns for the MPC-68M; (2) reduce the minimum cooling time to 1 year
for all fuel types for storage in the MPC-68M; (3) use a damaged fuel
isolator for damaged fuel stored in the MPC-68M; and (4) modify the
description of the vents in the overpack in the certificate of
compliance and remove the word ``four'' from Section 1.b describing the
air inlet and outlet vents. Amendment No. 14 also makes other
administrative changes to the technical specifications.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 14 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 of 1969, as amended.
Holtec International HI-STORM 100 Cask Systems are 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. This amendment does not reflect a significant change in
design or fabrication of the cask. Because there are no significant
design or process changes, any resulting occupational exposure or
offsite dose rates from the implementation of Amendment No. 14 would
remain well within 10 CFR part 20 limits. Therefore, the proposed
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 exposures, and no significant increase in the
potential for, or consequences of, radiological accidents.
The NRC documented its safety findings in a preliminary safety
evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
14 and not issue the direct final rule. Consequently, any 10 CFR part
72 general licensee that seeks to load spent nuclear fuel into the
Holtec International HI-STORM 100 Cask System in accordance with the
changes described in proposed Amendment No. 14 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. The environmental impacts would be the same as the proposed
action.
E. Alternative Use of Resources
Approval of Amendment No. 14 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.
[[Page 52750]]
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, Certificate of Compliance No. 1014, Amendment No. 14,'' 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 HI-STORM 100 Cask System design by adding it to the list
of NRC-approved cask designs in Sec. 72.214.
On October 31, 2018, and as supplemented on November 6, 2018,
February 28, 2019, April 5, 2019, April 23, 2019, May 13, 2019, and
August 8, 2019, Holtec International submitted an application to amend
the Holtec International HI-STORM 100 Multipurpose Canister Cask System
as described in Section IV, ``Discussion of Changes,'' of this
document.
The alternative to this action is to withhold approval of Amendment
No. 14 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the Holtec International HI-STORM 100 Cask
System under the changes described in Amendment No. 14 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
report 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 Cask System, as
currently listed in Sec. 72.214. The amendment consists of the changes
in Amendment No. 14 previously described, as set forth in the revised
certificate of compliance and technical specifications.
Amendment No. 14 to Certificate of Compliance No. 1014 for the
Holtec International HI-STORM 100 Cask System was initiated by Holtec
International and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 14 applies
only to new casks fabricated and used under Amendment No. 14. These
changes do not affect existing users of the Holtec International HI-
STORM 100 Cask System, and previous amendments continue to be effective
for existing users. While current certificate of compliance users may
comply with the new requirements in Amendment No. 14, this would be a
voluntary decision on the part of current users.
For these reasons, Amendment No. 14 to Certificate of Compliance
No. 1014 does 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 staff 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 the following methods.
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
Letter from Holtec International ML18331A052
Transmitting Request for Amendment No.
14 to Certificate of Compliance No.
1014, October 31, 2018.
Attachment 1: Summary of Request for ML18331A043
Amendment No. 14 to Certificate of
Compliance No. 1014, October 31, 2018.
Attachment 2: Proposed Amendment No. 14 ML18331A046
to Certificate of Compliance No. 1014,
October 31, 2018.
Attachment 3: Proposed Amendment No. 14 ML18331A047
to Certificate of Compliance No. 1014,
Appendix A, October 31, 2018.
Attachment 4: Proposed Amendment No. 14 ML18331A048
to Certificate of Compliance No. 1014,
Appendix B, October 31, 2018.
[[Page 52751]]
Attachment 5: Final Safety Analysis ML18331A049
Report Proposed Changes, October 31,
2018.
Letter from Holtec International ML18324A577
Transmitting Supplement to Amendment
Request, November 6, 2018.
Letter from Holtec International ML19065A053
Transmitting Responses to NRC's 1st
Round of Requests for Additional
Information for Amendment No. 14,
February 28, 2019.
Attachment 2: Requests for Additional ML19065A027
Information, Combined Responses, Non-
Proprietary, February 28, 2019.
Attachment 3: Final Safety Analysis ML19065A029
Report Proposed Changes, Non-
Proprietary, February 28, 2019.
Attachment 4: Summary of Proposed ML19065A030
Changes, Non-Proprietary, February 28,
2019.
Letter from Holtec International ML19101A339
Transmitting Responses to Clarification
Questions, April 5, 2019.
Attachment 1: Responses to Clarification ML19101A337
Questions, April 5, 2019.
Attachment 2: Final Safety Analysis ML19114A289
Report (Proposed Revision 16B), April
5, 2019.
Letter from Holtec International, ML19121A280
Submittal of Responses to Clarification
Questions, April 23, 2019.
Final Safety Analysis Report (Proposed ML19121A279
Revision 16B), Chapter 2, Changed
Pages, April 5, 2019.
Letter from Holtec International, ML19140A278
Submittal of Responses to Clarification
Questions, dated May 13, 2019.
Final Safety Analysis Report (Proposed ML19140A277
Revision 16B), Chapter 2, Changed
Pages, May 13, 2019.
Proposed Certificate of Compliance No. ML19120A058
1014 Amendment No. 14, Certificate of
Compliance for Spent Fuel Storage Casks.
Proposed Certificate of Compliance No. ML19120A059
1014 Amendment No. 14, Technical
Specifications, Appendix A.
Proposed Certificate of Compliance No. ML19120A061
1014 Amendment No. 14, Technical
Specifications, Appendix B.
Proposed Certificate of Compliance No. ML19120A062
1014 Amendment No. 14, Technical
Specifications, Appendix A-100U.
Proposed Certificate of Compliance No. ML19120A063
1014 Amendment No. 14, Technical
Specifications, Appendix B-100U.
Certificate of Compliance No. 1014 ML19120A064
Amendment No. 14, Preliminary Safety
Evaluation Report.
Email from J. Tomlinson, Holtec, ML19224A393
regarding administrative change to HI-
Storm 100 Amendment 14 CoC, Appendix B,
August 8, 2019.
------------------------------------------------------------------------
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-2019-0160. 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-2019-0160); (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, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act 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
Amendment 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, as corrected
(ADAMS Accession No. ML19109A111).
Amendment Number 13 Effective Date: May 13, 2019, as corrected
(ADAMS Accession No. ML19109A122).
Amendment Number 14 Effective Date: December 17, 2019
Safety Analysis Report (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 17th day of September, 2019.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Executive Director for Operations.
[FR Doc. 2019-21209 Filed 10-2-19; 8:45 am]
BILLING CODE 7590-01-P
