List of Approved Spent Fuel Storage Casks: TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 1, 18857-18861 [2020-06662]

Download as PDF 18857 Rules and Regulations Federal Register Vol. 85, No. 65 Friday, April 3, 2020 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–2019–0224] RIN 3150–AK40 List of Approved Spent Fuel Storage Casks: TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 1 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 TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 1 to Certificate of Compliance No. 1042. Amendment No. 1 makes the following changes: Adds a new basket type (Type 4) to allow for the loading of intact, damaged, or failed fuel; adds another new basket type (Type 5) with low conductivity poison basket plates and low emissivity coated steel basket plates; accepts fuel assemblies with a minimum two-year cooling time, in selected locations within the basket; adds the NUHOMS® MATRIX design as an alternative to the EOS horizontal storage module design for the storage of spent fuel; and makes additional revisions to the certificate of compliance and the technical specifications for consistency and clarity. These changes are discussed in more detail in the ‘‘Discussion of Changes’’ section of this rule. DATES: This direct final rule is effective June 17, 2020, unless any significant adverse comment is received by May 4, 2020. If this direct final rule is withdrawn as a result of such a comment, timely notice of the withdrawal will be published in the jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:01 Apr 02, 2020 Jkt 250001 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–2019–0224. When preparing and submitting your comments, see ‘‘Tips for Submitting Effective Comments’’ at https:// www.regulations.gov/docs/Tips_For_ Submitting_Effective_Comments.pdf. 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 Section I, ‘‘Obtaining Information and Submitting Comments,’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–6825; email: Christian.Jacobs@nrc.gov or Nicole Fields, Office of Nuclear Material Safety and Safeguards; telephone: 630–829– 9570; email: Nicole.Fields@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 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– 0224 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–2019–0224. • 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 Section XIV, ‘‘Availability of Documents,’’ in this document. • 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– 0224 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 E:\FR\FM\03APR1.SGM 03APR1 18858 Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 1 to Certificate of Compliance No. 1042 and does not include other aspects of the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage 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 non-controversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on June 17, 2020. However, if the NRC receives any significant adverse comment on this direct final rule by May 4, 2020, 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 VerDate Sep<11>2014 16:01 Apr 02, 2020 Jkt 250001 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. 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 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.’’ 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 direct final rule on March 24, 2017, that approved the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1042. IV. Discussion of Changes On February 15, 2018, as supplemented on June 14, 2018, August 30, 2018, February 19, 2019, March 21, 2019, June 19, 2019, July 16, 2019, July 17, 2019, August 29, 2019, and October 1, 2019, TN Americas LLC submitted a PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 request to amend Certificate of Compliance No. 1042 for the NUHOMS® EOS Dry Spent Fuel Storage System. Amendment No. 1 makes the following five changes: (1) Adds a new basket type (Type 4) to allow for the loading of intact, damaged, or failed fuel. The new Type 4 basket with staggered alignment of the steel, aluminum, and poison basket plates is for the EOS–37PTH dry shielded canister. An option (Type 4L) is also added for the Type 4 basket, which has steel basket plates with a low emissivity coating and poison basket plates with low conductivity. The Type 4 basket has the ability to be stored in either the EOS horizontal storage module (EOS–HSM) or the new NUHOMS® MATRIX (HSM–MX) design. This change allows for the loading of damaged or failed fuel. The initial Certificate of Compliance No. 1042 does not allow for the loading of damaged or failed fuel. Six new heat load zone configurations for the EOS– 37PTH dry shielded canister are added for the new Type 4 basket. (2) Adds another new basket type (Type 5) with low conductivity poison basket plates and low emissivity coated steel basket plates. The new Type 5 basket for the EOS–37PTH dry shielded canister is comparable in geometry to existing Types 1, 2 and 3 baskets. The Type 5 basket has the ability to be stored in either the EOS–HSM or the new HSM–MX design. Four of the six new heat load zone configurations added for the Type 4 basket are also added for the Type 5 basket. (3) Accepts fuel assemblies with a minimum two-year cooling time, in selected locations within the basket. This change is applicable to the EOS– 37PTH dry shielded canister. (4) Adds the HSM–MX design as an alternative to the EOS–HSM design for the storage of spent fuel. The new HSM– MX design is an alternative for either an EOS–37PTH dry shielded canister or an EOS–89BTH dry shielded canister. The HSM–MX is a reinforced concrete monolithic modular structure, which is similar to the EOS–HSM reinforced concrete modular structure except that the HSM–MX is a staggered, two-tiered modular structure. (5) Makes additional revisions to the certificate of compliance and the technical specifications for consistency and clarity. These revisions are described in the application package. As documented in the 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 E:\FR\FM\03APR1.SGM 03APR1 Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Rules and Regulations requirements in the proposed amendment. The design of the cask would prevent loss of containment, shielding, and criticality control in the event of each evaluated accident condition. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 1 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 TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System design, when used under the conditions specified in the certificate of compliance, the 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 reasonably assured. 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 TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System casks that meet the criteria of Amendment No. 1 to Certificate of Compliance No. 1042. jbell on DSKJLSW7X2PROD with RULES 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 adds an amendment to the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System design listed in 10 CFR 72.214, ‘‘List of approved spent fuel storage casks.’’ This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ‘‘Agreement State Program Policy Statement’’ approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017, this rule is classified as Compatibility Category ‘‘NRC.’’ Compatibility is not required for Category ‘‘NRC’’ regulations. The NRC VerDate Sep<11>2014 16:01 Apr 02, 2020 Jkt 250001 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 Agreement 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. 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 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 TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 1 to Certificate of Compliance No. 1042. B. The Need for the Action This direct final rule amends the certificate of compliance for the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage 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. 1 makes the following changes: (1) adds a new basket type (Type 4) to allow for the loading of intact, damaged, or failed fuel; (2) adds another new basket type (Type 5) with low conductivity poison basket plates and low emissivity coated PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 18859 steel basket plates; (3) accepts fuel assemblies with a minimum two-year cooling time, in selected locations within the basket; (4) adds the HSM– MX design as an alternative to the EOS– HSM design for the storage of spent fuel; and (5) makes additional revisions to the certificate of compliance and the technical specifications for consistency and clarity. C. Environmental Impacts of the Action On July 18, 1990, 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 NRCapproved storage casks was analyzed in an environmental assessment for the 1990 final rule. The environmental assessment for Amendment No. 1 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. The TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage 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, can include tornado winds and tornadogenerated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fires, explosions, and other incidents. The design of the cask would still 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. 1 would remain well within the 10 CFR part 20 limits. Therefore, the proposed changes will not result in any radiological or nonradiological environmental impacts that significantly differ from the environmental impacts evaluated in environmental assessment supporting E:\FR\FM\03APR1.SGM 03APR1 18860 Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Rules and Regulations the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 1 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System in accordance with the changes described in proposed Amendment No. 1 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. 1 to Certificate of Compliance No. 1042 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. jbell on DSKJLSW7X2PROD with RULES 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: TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 1,’’ will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. VerDate Sep<11>2014 16:01 Apr 02, 2020 Jkt 250001 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 TN Americas LLC. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). XI. Regulatory Analysis On July 18, 1990, 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: (1) Notifies the NRC in advance; (2) the spent fuel is stored under the conditions specified in the cask’s certificate of compliance; and (3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On March 24, 2017, the NRC issued an amendment to 10 CFR part 72 that approved the NUHOMS® EOS Dry Spent Fuel Storage System design by adding it to the list of NRC-approved cask designs in § 72.214. On February 15, 2018, as supplemented on June 14, 2018, August 30, 2018, February 19, 2019, March 21, 2019, June 19, 2019, July 16, 2019, July 17, 2019, August 29, 2019, and October 1, 2019, TN Americas LLC submitted a request to amend the NUHOMS® EOS Dry Spent Fuel Storage System as described in Section IV, ‘‘Discussion of Changes,’’ of this document. The alternative to this action is to withhold approval of Amendment No. 1 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System under the changes described in Amendment No. 1 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 on the NRC and the costs to each licensee. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the 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; 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. 1042 for the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 1 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 1 to Certificate of Compliance No. 1042 for the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System was initiated by TN Americas LLC and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 1 applies only to new casks fabricated and used under Amendment No. 1. These changes do not affect existing users of the TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System, and the initial Certificate of Compliance No. 1042 continues to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 1, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 1 to Certificate of Compliance No. 1042 E:\FR\FM\03APR1.SGM 03APR1 18861 Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Rules and Regulations 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 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 (5 U.S.C. 801 et seq.). The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. Document ADAMS accession No./ Federal Register citation Proposed Certificate of Compliance No. 1042, Amendment No. 1 ................................................................................. Proposed Technical Specifications, Certificate of Compliance No. 1042, Amendment No. 1, Appendix A ................... Preliminary Safety Evaluation Report, Certificate of Compliance No. 1042, Amendment No. 1 .................................... Application for Amendment 1 to the NUHOMS EOS System, Revision 0, dated February 15, 2018 ............................ Acceptance Review of TN Americas, LLC Application for Certificate of Compliance No. 1042, Amendment 1 to NUHOMS EOS System, Rev. 1—Response to Request for Supplemental Information, dated June 14, 2018. Acceptance Review (Continued) of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 1, to the NUHOMS EOS System, Revision 2—Response to Second Request for Supplemental Information, dated August 30, 2018. Application for Amendment 1 to NUHOMS EOS Certificate of Compliance No. 1042, Rev. 3—Response to Request for Additional Information, dated February 19, 2019. Application for Amendment 1 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 4—Computer Files Associated with Certain CoC 1042 Amendment 1 Request for Additional Information Items (Docket No. 72–1042, CAC No. 001028, EPID: L–2018–LLA–0043), dated March 21, 2019. Submittal of Amendment 1 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 5—Revised Responses to Request for Additional Information, dated June 19, 2019. Application for Amendment 1 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 6—Revised Responses to Request for Additional Information, dated July 16, 2019. E-Mail from G. Mathues/Orano TN to C. Jacobs/NRC re: EOS Amendment 1 CoC Clarifications, dated July 17, 2019. Transmittal Letter Regarding Application for Amendment 1 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 7—Technical Specifications Table 3 Editorial Correction, dated August 29, 2019. Orano USA—Application for Amendment 1 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 8—Appendix 3.9.7 Editorial Correction, dated October 1, 2019. Agreement State Program Policy Statement, dated October 18, 2017 ........................................................................... Plain Language in Government Writing, dated June 10, 1998 ........................................................................................ Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites: Final Rule, dated July 18, 1990 .... List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042: Direct Final Rule, dated March 24, 2017. Certificate of Compliance No. 1042, Initial Certificate, Corrected ................................................................................... ML19290H608. ML19290H605. ML19290H606. ML18053A220 (package). ML18178A029 (package). 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–2019–0224. 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–2019–0224); (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 jbell on DSKJLSW7X2PROD with RULES XIV. Availability of Documents 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 VerDate Sep<11>2014 16:01 Apr 02, 2020 Jkt 250001 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 9990 ML18255A124 (package). ML19058A410 (package). ML19084A054. ML19176A315 (package). ML19204A228 (package). ML19220A177 (package). ML19248C254 (package). ML19274B914. 82 63 55 82 FR FR FR FR 48535. 31885. 29181. 14987. ML17215A161. 2. In § 72.214, revise Certificate of Compliance No. 1042 to read as follows: § 72.214 List of approved spent fuel storage casks. * * * * Certificate Number: 1042. Initial Certificate Effective Date: June 7, 2017. Amendment Number 1 Effective Date: June 17, 2020. SAR Submitted by: TN Americas LLC. SAR Title: Final Safety Analysis Report for the NUHOMS® EOS Dry Spent Fuel Storage System. Docket Number: 72–1042. Certificate Expiration Date: June 7, 2037. Model Number: EOS–37PTH, EOS– 89BTH. Dated at Rockville, Maryland, this 18th day of March, 2020. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020–06662 Filed 4–2–20; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\03APR1.SGM 03APR1

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[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18857-18861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06662]



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Rules and Regulations
                                                Federal Register
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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. 85, No. 65 / Friday, April 3, 2020 / Rules 
and Regulations

[[Page 18857]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2019-0224]
RIN 3150-AK40


List of Approved Spent Fuel Storage Casks: TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of 
Compliance No. 1042, Amendment No. 1

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 TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
1 to Certificate of Compliance No. 1042. Amendment No. 1 makes the 
following changes: Adds a new basket type (Type 4) to allow for the 
loading of intact, damaged, or failed fuel; adds another new basket 
type (Type 5) with low conductivity poison basket plates and low 
emissivity coated steel basket plates; accepts fuel assemblies with a 
minimum two-year cooling time, in selected locations within the basket; 
adds the NUHOMS[supreg] MATRIX design as an alternative to the EOS 
horizontal storage module design for the storage of spent fuel; and 
makes additional revisions to the certificate of compliance and the 
technical specifications for consistency and clarity. These changes are 
discussed in more detail in the ``Discussion of Changes'' section of 
this rule.

DATES: This direct final rule is effective June 17, 2020, unless any 
significant adverse comment is received by May 4, 2020. If this direct 
final rule is withdrawn as a result of such a comment, 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-2019-0224. When 
preparing and submitting your comments, see ``Tips for Submitting 
Effective Comments'' at https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf. 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 Section I, ``Obtaining Information and Submitting 
Comments,'' in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6825; email: 
[email protected] or Nicole Fields, Office of Nuclear Material 
Safety and Safeguards; telephone: 630-829-9570; 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 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-2019-0224 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-2019-0224.
     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 Section XIV, ``Availability of Documents,'' in this 
document.
     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-2019-0224 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

[[Page 18858]]

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 No. 1 to 
Certificate of Compliance No. 1042 and does not include other aspects 
of the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 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 non-
controversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on June 17, 2020. However, if the NRC receives any 
significant adverse comment on this direct final rule by May 4, 2020, 
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.

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 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.'' 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 direct final rule on March 24, 2017, that 
approved the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System design and added it to the list of NRC-approved cask designs in 
Sec.  72.214 as Certificate of Compliance No. 1042.

IV. Discussion of Changes

    On February 15, 2018, as supplemented on June 14, 2018, August 30, 
2018, February 19, 2019, March 21, 2019, June 19, 2019, July 16, 2019, 
July 17, 2019, August 29, 2019, and October 1, 2019, TN Americas LLC 
submitted a request to amend Certificate of Compliance No. 1042 for the 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System. Amendment No. 1 makes 
the following five changes:
    (1) Adds a new basket type (Type 4) to allow for the loading of 
intact, damaged, or failed fuel. The new Type 4 basket with staggered 
alignment of the steel, aluminum, and poison basket plates is for the 
EOS-37PTH dry shielded canister. An option (Type 4L) is also added for 
the Type 4 basket, which has steel basket plates with a low emissivity 
coating and poison basket plates with low conductivity. The Type 4 
basket has the ability to be stored in either the EOS horizontal 
storage module (EOS-HSM) or the new NUHOMS[supreg] MATRIX (HSM-MX) 
design. This change allows for the loading of damaged or failed fuel. 
The initial Certificate of Compliance No. 1042 does not allow for the 
loading of damaged or failed fuel. Six new heat load zone 
configurations for the EOS-37PTH dry shielded canister are added for 
the new Type 4 basket.
    (2) Adds another new basket type (Type 5) with low conductivity 
poison basket plates and low emissivity coated steel basket plates. The 
new Type 5 basket for the EOS-37PTH dry shielded canister is comparable 
in geometry to existing Types 1, 2 and 3 baskets. The Type 5 basket has 
the ability to be stored in either the EOS-HSM or the new HSM-MX 
design. Four of the six new heat load zone configurations added for the 
Type 4 basket are also added for the Type 5 basket.
    (3) Accepts fuel assemblies with a minimum two-year cooling time, 
in selected locations within the basket. This change is applicable to 
the EOS-37PTH dry shielded canister.
    (4) Adds the HSM-MX design as an alternative to the EOS-HSM design 
for the storage of spent fuel. The new HSM-MX design is an alternative 
for either an EOS-37PTH dry shielded canister or an EOS-89BTH dry 
shielded canister. The HSM-MX is a reinforced concrete monolithic 
modular structure, which is similar to the EOS-HSM reinforced concrete 
modular structure except that the HSM-MX is a staggered, two-tiered 
modular structure.
    (5) Makes additional revisions to the certificate of compliance and 
the technical specifications for consistency and clarity. These 
revisions are described in the application package.
    As documented in the 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

[[Page 18859]]

requirements in the proposed amendment. The design of the cask would 
prevent loss of containment, shielding, and criticality control in the 
event of each evaluated accident condition. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 1 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 TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel 
Storage System design, when used under the conditions specified in the 
certificate of compliance, the 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 
reasonably assured. 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 TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System 
casks that meet the criteria of Amendment No. 1 to Certificate of 
Compliance No. 1042.

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 adds an 
amendment to the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel 
Storage System design listed in 10 CFR 72.214, ``List of approved spent 
fuel storage casks.'' This action does not constitute the establishment 
of a standard that contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017, 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 Agreement 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.

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 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 TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
1 to Certificate of Compliance No. 1042.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 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. 1 makes the following changes: (1) 
adds a new basket type (Type 4) to allow for the loading of intact, 
damaged, or failed fuel; (2) adds another new basket type (Type 5) with 
low conductivity poison basket plates and low emissivity coated steel 
basket plates; (3) accepts fuel assemblies with a minimum two-year 
cooling time, in selected locations within the basket; (4) adds the 
HSM-MX design as an alternative to the EOS-HSM design for the storage 
of spent fuel; and (5) makes additional revisions to the certificate of 
compliance and the technical specifications for consistency and 
clarity.

C. Environmental Impacts of the Action

    On July 18, 1990, 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 analyzed in an environmental 
assessment for the 1990 final rule. The environmental assessment for 
Amendment No. 1 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.
    The TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 
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, can include tornado 
winds and tornado-generated missiles, a design basis earthquake, a 
design basis flood, an accidental cask drop, lightning effects, fires, 
explosions, and other incidents.
    The design of the cask would still 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. 1 would remain well within the 10 CFR 
part 20 limits. Therefore, the proposed changes will not result in any 
radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in 
environmental assessment supporting

[[Page 18860]]

the July 18, 1990, final rule. There will be no significant change in 
the types or significant revisions in the amounts of any effluent 
released, no significant increase in the individual or cumulative 
radiation exposures, and no significant increase in the potential for, 
or consequences from, radiological accidents. The NRC documented its 
safety findings in the preliminary safety evaluation report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
1 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System in 
accordance with the changes described in proposed Amendment No. 1 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. 1 to Certificate of Compliance No. 1042 
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: TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System, Certificate of Compliance No. 1042, Amendment No. 1,'' will not 
have a significant effect on the human environment. Therefore, the NRC 
has determined that an environmental impact statement is not necessary 
for this 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 
TN Americas LLC. These entities do not fall within the scope of the 
definition of small entities set forth in the Regulatory Flexibility 
Act or the size standards established by the NRC (10 CFR 2.810).

XI. Regulatory Analysis

    On July 18, 1990, 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: 
(1) Notifies the NRC in advance; (2) the spent fuel is stored under the 
conditions specified in the cask's certificate of compliance; and (3) 
the conditions of the general license are met. A list of NRC-approved 
cask designs is contained in Sec.  72.214. On March 24, 2017, the NRC 
issued an amendment to 10 CFR part 72 that approved the NUHOMS[supreg] 
EOS Dry Spent Fuel Storage System design by adding it to the list of 
NRC-approved cask designs in Sec.  72.214.
    On February 15, 2018, as supplemented on June 14, 2018, August 30, 
2018, February 19, 2019, March 21, 2019, June 19, 2019, July 16, 2019, 
July 17, 2019, August 29, 2019, and October 1, 2019, TN Americas LLC 
submitted a request to amend the NUHOMS[supreg] EOS Dry Spent Fuel 
Storage System as described in Section IV, ``Discussion of Changes,'' 
of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 1 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into TN Americas LLC NUHOMS[supreg] EOS Dry 
Spent Fuel Storage System under the changes described in Amendment No. 
1 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 on the NRC and the costs to each licensee.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the 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; 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. 
1042 for the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System, as currently listed in Sec.  72.214. The revision consists of 
the changes in Amendment No. 1 previously described, as set forth in 
the revised certificate of compliance and technical specifications.
    Amendment No. 1 to Certificate of Compliance No. 1042 for the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System was 
initiated by TN Americas LLC and was not submitted in response to new 
NRC requirements, or an NRC request for amendment. Amendment No. 1 
applies only to new casks fabricated and used under Amendment No. 1. 
These changes do not affect existing users of the TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and the initial 
Certificate of Compliance No. 1042 continues to be effective for 
existing users. While current users of this storage system may comply 
with the new requirements in Amendment No. 1, this would be a voluntary 
decision on the part of current users.
    For these reasons, Amendment No. 1 to Certificate of Compliance No. 
1042

[[Page 18861]]

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 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 (5 U.S.C. 801 et seq.).

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./ Federal Register
             Document                             citation
------------------------------------------------------------------------
Proposed Certificate of            ML19290H608.
 Compliance No. 1042, Amendment
 No. 1.
Proposed Technical                 ML19290H605.
 Specifications, Certificate of
 Compliance No. 1042, Amendment
 No. 1, Appendix A.
Preliminary Safety Evaluation      ML19290H606.
 Report, Certificate of
 Compliance No. 1042, Amendment
 No. 1.
Application for Amendment 1 to     ML18053A220 (package).
 the NUHOMS EOS System, Revision
 0, dated February 15, 2018.
Acceptance Review of TN Americas,  ML18178A029 (package).
 LLC Application for Certificate
 of Compliance No. 1042,
 Amendment 1 to NUHOMS EOS
 System, Rev. 1--Response to
 Request for Supplemental
 Information, dated June 14, 2018.
Acceptance Review (Continued) of   ML18255A124 (package).
 TN Americas LLC Application for
 Certificate of Compliance No.
 1042, Amendment No. 1, to the
 NUHOMS EOS System, Revision 2--
 Response to Second Request for
 Supplemental Information, dated
 August 30, 2018.
Application for Amendment 1 to     ML19058A410 (package).
 NUHOMS EOS Certificate of
 Compliance No. 1042, Rev. 3--
 Response to Request for
 Additional Information, dated
 February 19, 2019.
Application for Amendment 1 to     ML19084A054.
 NUHOMS EOS Certificate of
 Compliance No. 1042, Revision 4--
 Computer Files Associated with
 Certain CoC 1042 Amendment 1
 Request for Additional
 Information Items (Docket No. 72-
 1042, CAC No. 001028, EPID: L-
 2018-LLA-0043), dated March 21,
 2019.
Submittal of Amendment 1 to        ML19176A315 (package).
 NUHOMS EOS Certificate of
 Compliance No. 1042, Revision 5--
 Revised Responses to Request for
 Additional Information, dated
 June 19, 2019.
Application for Amendment 1 to     ML19204A228 (package).
 NUHOMS EOS Certificate of
 Compliance No. 1042, Revision 6--
 Revised Responses to Request for
 Additional Information, dated
 July 16, 2019.
E-Mail from G. Mathues/Orano TN    ML19220A177 (package).
 to C. Jacobs/NRC re: EOS
 Amendment 1 CoC Clarifications,
 dated July 17, 2019.
Transmittal Letter Regarding       ML19248C254 (package).
 Application for Amendment 1 to
 NUHOMS EOS Certificate of
 Compliance No. 1042, Revision 7--
 Technical Specifications Table 3
 Editorial Correction, dated
 August 29, 2019.
Orano USA--Application for         ML19274B914.
 Amendment 1 to NUHOMS EOS
 Certificate of Compliance No.
 1042, Revision 8--Appendix 3.9.7
 Editorial Correction, dated
 October 1, 2019.
Agreement State Program Policy     82 FR 48535.
 Statement, dated October 18,
 2017.
Plain Language in Government       63 FR 31885.
 Writing, dated June 10, 1998.
Storage of Spent Fuel In NRC-      55 FR 29181.
 Approved Storage Casks at Power
 Reactor Sites: Final Rule, dated
 July 18, 1990.
List of Approved Spent Fuel        82 FR 14987.
 Storage Casks: TN Americas LLC,
 NUHOMS[supreg] EOS Dry Spent
 Fuel Storage System, Certificate
 of Compliance No. 1042: Direct
 Final Rule, dated March 24, 2017.
Certificate of Compliance No.      ML17215A161.
 1042, Initial Certificate,
 Corrected.
------------------------------------------------------------------------

    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-2019-0224. 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-2019-0224); (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, revise Certificate of Compliance No. 1042 to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1042.
    Initial Certificate Effective Date: June 7, 2017.
    Amendment Number 1 Effective Date: June 17, 2020.
    SAR Submitted by: TN Americas LLC.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS 
Dry Spent Fuel Storage System.
    Docket Number: 72-1042.
    Certificate Expiration Date: June 7, 2037.
    Model Number: EOS-37PTH, EOS-89BTH.

    Dated at Rockville, Maryland, this 18th day of March, 2020.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-06662 Filed 4-2-20; 8:45 am]
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