List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 Through 15, 9106-9116 [2023-03002]
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
document is being published in the
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NUCLEAR REGULATORY
COMMISSION
III. Congressional Review Act
[NRC–2022–0109]
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
RIN 3150–AK86
IV. Backfitting, Forward Fitting, and
Issue Finality
V. Submitting Suggestions for
Improvement of Regulatory Guides
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
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contactus.html. Suggestions will be
considered in future updates and
enhancements to the ‘‘Regulatory
Guide’’ series.
Dated: February 7, 2023.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
BILLING CODE 7590–01–P
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Renewal of
Initial Certificate and Amendment Nos.
1 Through 15
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The issuance of this regulatory guide
does not constitute backfitting as
defined in section 50.109 of title 10 of
the Code of Federal Regulations (10
CFR), ‘‘Backfitting,’’ and as described in
NRC Management Directive 8.4,
‘‘Management of Backfitting, Forward
Fitting, Issue Finality, and Information
Requests,’’ or affect issue finality of any
approval issued under 10 CFR part 52,
‘‘Licenses, Certificates, and Approvals
for Nuclear Power Plants,’’ because, as
explained in this regulatory guide,
licensees are not required to comply
with the positions set forth in this
regulatory guide.
[FR Doc. 2023–02958 Filed 2–10–23; 8:45 am]
10 CFR Part 72
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SUPPLEMENTARY INFORMATION:
Table of Contents
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to renew, for 40 years, the initial
certificate and Amendment Nos. 1
through 15 of Certificate of Compliance
No. 1014. The renewal of the initial
certificate and Amendment Nos. 1
through 15 revises the certificate of
compliance’s conditions and technical
specifications to address aging
management activities related to the
structures, systems, and components
important to safety of the dry storage
system to ensure that these will
maintain their intended functions
during the period of extended storage
operations.
SUMMARY:
This direct final rule is effective
May 1, 2023, unless significant adverse
comments are received by March 15,
2023. 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.
DATES:
Submit your comments,
identified by Docket ID NRC–2022–
0109, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
For additional direction on obtaining
information and submitting comments,
ADDRESSES:
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see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Kristina Banovac, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–7116, email:
Kristina.Banovac@nrc.gov and James
Firth, Office of Nuclear Material Safety
and Safeguards, telephone: 301–415–
6628, email: James.Firth@nrc.gov. Both
are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
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 Final
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–2022–
0109 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–2022–0109. Address
questions about NRC dockets to Dawn
Forder, telephone: 301–415–3407,
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘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
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are provided in the ‘‘Availability of
Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
eastern time (ET), Monday through
Friday, except Federal holidays.
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B. Submitting Comments
Please include Docket ID NRC–2022–
0109 in your comment submission. The
NRC requests that you submit comments
through the Federal rulemaking website
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Rulemaking Procedure
This rule involves the renewal of
Certificate of Compliance No. 1014,
which includes the initial certificate
and Amendment Nos. 1 through 15. As
described in the Statement of
Considerations to the final rule ‘‘License
and Certificate of Compliance Terms’’
(76 FR 8872; February 16, 2011), a
renewal reaffirms the original design
basis, perhaps with some modifications,
but does not involve reevaluating the
original design basis in accordance with
current review standards, which may be
different from the standards in place
when the cask design was initially
certified. The NRC is using the ‘‘direct
final rule procedure’’ to issue this
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renewal 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 reasonably
assured. The amendment to the rule will
become effective on May 1, 2023.
However, if the NRC receives any
significant adverse comment on this
direct final rule by March 15, 2023, 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 or as
otherwise appropriate. In general,
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
the rule, certificate of compliance, or
technical specifications.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended, states
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
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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 ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule that added a new
subpart K in part 72 of title 10 of the
Code of Federal Regulations (10 CFR)
entitled ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181, July 18, 1990). This rule also
established a new subpart L in 10 CFR
part 72 entitled ‘‘Approval of Spent Fuel
Storage Casks,’’ which contains
procedures and criteria for obtaining
NRC approval of spent fuel storage cask
designs and for the renewal of the cask
design approval. The NRC subsequently
issued a final rule on May 1, 2000 (65
FR 25241) that approved the HI–STORM
100 Cask System design and added it to
the list of NRC-approved cask designs in
§ 72.214 as Certificate of Compliance
No. 1014. On August 28, 2007 (72 FR
49561), the NRC amended the scope of
the general licenses issued under 10
CFR 72.210 to include the storage of
spent fuel in an independent spent fuel
storage installation (ISFSI) at power
reactor sites to persons authorized to
possess or operate nuclear power
reactors under 10 CFR part 52. On
February 16, 2011 (76 FR 8872), the
NRC amended subparts K and L in 10
CFR part 72, to extend and clarify the
term limits for certificates of compliance
and revised the conditions for spent fuel
storage casks renewals, including
adding requirements for the safety
analysis report to include time-limited
aging analyses and a description of
aging management programs. The NRC
also clarified the terminology used in
the regulations to use ‘‘renewal’’ rather
than ‘‘reapproval’’ to better reflect that
extending the term of a currently
approved cask design is based on the
cask design standards in effect at the
time the certificate of compliance was
approved rather than current standards.
IV. Discussion of Changes
The term certified by the initial
Certificate of Compliance No. 1014 was
20 years. The period of extended
operation for each cask begins 20 years
after the cask is first used by the general
licensee to store spent fuel. On January
31, 2020, as supplemented on October
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16, 2020, October 29, 2020, April 19,
2021, and April 23, 2021, Holtec
International submitted a request to
renew Certificate of Compliance No.
1014 for the HI–STORM 100 Cask
System design for an additional 40 years
beyond the initial certificate term
(ADAMS Accession Nos.
ML20049A081, ML20290A819,
ML20303A254, ML21109A367, and
ML21113A201).
The HI–STORM 100 Cask System
design consists of (1) interchangeable
multi-purpose canisters (MPCs), which
contain the fuel, (2) a storage overpack
(HI–STORM), which contains the MPC
during storage, and (3) a transfer cask
(HI–TRAC), which contains the MPC
during loading, unloading, and transfer
operations. The MPC is a welded,
cylindrical canister with a fuel basket, a
baseplate, a lid, a closure ring, and the
canister shell. This cask system design
has twelve types of MPCs.
The HI–STORM 100 dry storage
system includes an aboveground system
and an underground system. For the
aboveground systems, the HI–STORM
100 or HI–STORM 100S storage
overpack provides shielding and
structural protection of the MPC during
storage. The HI–STORM 100S is a
variation of the HI–STORM 100
overpack design that includes a
modified lid that incorporates the air
outlet ducts, allowing the overpack
body to be shortened. The HI–STORM
100A and HI–STORM 100SA are
variants of the HI–STORM 100 overpack
and are outfitted with an extended
baseplate and gussets to enable the
overpack to be anchored to the concrete
storage pad in high seismic
applications. The HI–STORM 100U
system is an underground storage
system within the HI–STORM 100 Cask
System. The HI–STORM 100U storage
vertical ventilated module uses an aircooled vault or caisson storage design.
The Nuclear Energy Institute’s (NEI)
document NEI 14–03, Revision 2,
‘‘Format, Content and Implementation
Guidance for Dry Cask Storage
Operations-Based Aging Management,’’
(2016) (ADAMS Accession No.
ML16356A210) provides an operationsbased, learning approach to aging
management for the storage of spent
fuel, which builds on the lessons
learned from industry’s experience with
aging management for reactors. The
NRC endorsed NEI 14–03, Revision 2,
with clarifications, in Regulatory Guide
3.76, Revision 0, ‘‘Implementation of
Aging Management Requirements for
Spent Fuel Storage Renewals,’’ issued
July 2021 (ADAMS Accession No.
ML21098A022). Specifically, NEI 14–03
provides a framework for sharing
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operating experience through an
industry-developed database called the
ISFSI Aging Management Institute of
Nuclear Power Operations Database.
NEI 14–03 also includes a framework for
learning aging management programs
using aging management ‘‘tollgates,’’
which offer a structured approach for
periodically assessing operating
experience and data from applicable
research and industry initiatives at
specific times during the period of
extended operation and performing a
safety assessment that confirms the safe
storage of the spent nuclear fuel by
ensuring the aging management
programs continue to effectively manage
the identified aging effects. The ISFSI
Aging Management Institute of Nuclear
Power Operations Database provides
operating experience information and a
basis to support licensees’ future
changes to the aging management
programs. The ISFSI Aging Management
Institute of Nuclear Power Operations
Database and the aging management
tollgates are considered key elements in
ensuring the effectiveness of aging
management activities and the
continued safe storage of spent fuel
during the period of extended operation.
Holtec International incorporated
periodic tollgate assessments as
requirements in the renewed certificate
of compliance, as recommended in NEI
14–03, Revision 2. The implementation
of tollgate assessments provides
reasonable assurance that the aging
management programs for the MPC,
overpack, transfer cask, high burnup
fuel assembly components (if
applicable), and the 100U concrete (if
applicable) will continue to effectively
manage aging effects during the period
of extended operation.
The renewal of the initial certificate
and Amendment Nos. 1 through 15 was
conducted in accordance with the
renewal provisions in § 72.240. The
NRC’s regulations require the safety
analysis report for the renewal to
include time-limited aging analyses that
demonstrate that structures, systems,
and components important to safety will
continue to perform their intended
function for the requested period of
extended operation and a description of
the aging management programs for the
management of issues associated with
aging that could adversely affect
structures, systems, and components
important to safety. This section of the
NRC spent fuel storage regulations
authorizes the NRC to revise the
certificate of compliance to include any
additional terms, conditions, and
specifications it deems necessary to
ensure the safe operation of the cask
during the certificate of compliance’s
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renewal term. Here, the NRC is adding
three new conditions to the renewal of
the certificate of compliance, which will
ensure the safe operation of the cask
during the certificate of compliance’s
renewal term and will allow the use of
the HI–STORM 100 during the approved
period of extended operation. The NRC
is amending the condition that describes
the authorization for use of the Holtec
International HI–STORM 100 Cask
System design under the general
license.
The three new conditions added to
the renewal of the initial certificate of
compliance and Amendment Nos. 1
through 15 are:
• A condition requiring the certificate
of compliance holder to submit an
updated final safety analysis report
within 90 days after the effective date of
the renewal. The updated final safety
analysis report must reflect the changes
resulting from the review and approval
of the renewal of the certificate of
compliance, including the HI–STORM
100 final safety analysis report
supplement, as documented in
Appendix D of the HI–STORM 100
certificate of compliance renewal
application, Revision 1, dated April 23,
2021 (ADAMS Accession No.
ML21113A203). This condition ensures
that final safety analysis report changes
are made in a timely fashion to enable
general licensees using the storage
system during the period of extended
operation to develop and implement
necessary procedures related to renewal
and aging management activities. The
certificate of compliance holder is
required to continue to update the final
safety analysis report pursuant to the
requirements of § 72.248.
• A condition requiring each general
licensee using the HI–STORM 100 Cask
System design to include, in the
evaluations required by § 72.212(b)(5),
evaluations related to the terms,
conditions, and specifications of this
certificate of compliance amendment as
modified (i.e., changed or added) as a
result of the renewal of the certificate of
compliance and include, in the
document review required by
§ 72.212(b)(6), a review of the final
safety analysis report changes resulting
from the renewal of the certificate of
compliance and the NRC Safety
Evaluation Report for the renewal of the
certificate of compliance. The general
licensee would also be required to
ensure that the evaluations required by
§ 72.212(b)(7) in response to these
changes are conducted and the
determination required by § 72.212(b)(8)
is made. This condition also makes it
clear that to meet the requirements in
§ 72.212(b)(11), general licensees that
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currently use a HI–STORM 100 Cask
System will need to update their
§ 72.212 reports, even if they do not put
additional Holtec International HI–
STORM 100 Cask Systems into service
after the renewal’s effective date. These
evaluations, reviews, and
determinations are to be completed
before the dry storage system enters the
period of extended operation (which
begins 20 years after the first use of the
Holtec International HI–STORM 100
Cask System) or no later than 365 days
after the effective date of this rule,
whichever is later. This will provide
general licensees a minimum of 365
days to comply with the new terms,
conditions, specifications, and other
changes to the certificate of compliance
and to make the necessary
determinations required by
§ 72.212(b)(8) as to whether activities
related to the storage of spent nuclear
fuel using the renewed certificate of
compliance involve a change in the
facility Technical Specifications or
requires a license amendment for the
facility.
• A condition requiring all future
amendments and revisions to the
certificate of compliance (i.e., the initial
certificate 1014 and Amendment Nos. 1
through 15) include evaluations of the
impacts to aging management activities
(i.e., time-limited aging analyses and
aging management programs) to ensure
they remain adequate for any changes to
structures, systems, and components
important to safety within the scope of
renewal. This condition ensures that
future amendments to the certificate of
compliance address the renewed design
bases for the certificate of compliance,
including aging management impacts
that may arise from the changes to the
system in proposed future amendments.
Additionally, the condition for the
initial certificate and Amendment Nos.
1 through 15 would be amended to
reflect changes to the scope of the
general license granted by § 72.210 that
were made after the approval of the
initial certificate. The authorization is
amended to allow persons authorized to
possess or operate a nuclear power
reactor under 10 CFR part 52 to use the
HI–STORM 100 Cask Design under the
general license issued under § 72.210.
The NRC made one corresponding
change from the technical specifications
for the initial certificate of compliance
and Amendment Nos. 1 through 15 by
adding a section addressing the aging
management program. General licensees
using the HI–STORM Cask System
design during the period of extended
operation will need to establish,
implement, and maintain written
procedures for each applicable aging
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management program in the final safety
analysis report to use the HI–STORM
100 Cask System design during the
approved period of extended operation.
The procedures will need to include
provisions for changing aging
management program elements, as
necessary, and within the limitations of
the approved design bases to address
new information on aging effects based
on inspection findings and/or industry
operating experience. General licensees
will also be required to perform tollgate
assessments as described in Chapter 9 of
the final safety analysis report.
General licensees will need to
establish and implement these written
procedures prior to entering the period
of extended operation (which begins 20
years after the first use of the cask
system) or no later than 365 days after
the effective date of this rule, whichever
is later. The general licensee is required
to maintain these written procedures for
as long as the general licensee continues
to operate HI–STORM 100 Cask Systems
in service for longer than 20 years.
Under § 72.240(d), the design of a
spent fuel storage cask will be renewed
if (1) the quality assurance requirements
in 10 CFR part 72, subpart G, ‘‘Quality
Assurance,’’ are met, (2) the
requirements of 10 CFR 72.236(a)
through (i) are met, and (3) the
application includes a demonstration
that the storage of spent fuel has not, in
a significant manner, adversely affected
the structures, systems, and components
important to safety. Additionally,
§ 72.240(c) requires that the safety
analysis report accompanying the
application contain time-limited aging
analyses that demonstrate that the
structures, systems, and components
important to safety will continue to
perform their intended function for the
requested period of extended operation
and a description of the aging
management program for management
of aging issues that could adversely
affect structures, systems, and
components important to safety.
As documented in the preliminary
safety evaluation report, the NRC
reviewed the application for the renewal
of the certificate of compliance and the
conditions in the certificate of
compliance and determined that the
conditions in subpart G, § 72.236(a)
through (i), and § 72.238 have been met
and the application includes a
demonstration that the storage of spent
nuclear fuel has not, in a significant
manner, adversely affected structures,
systems, and components important to
safety. The NRC’s safety review
determined that the HI–STORM 100,
with the added terms, conditions, and
specifications in the certificate of
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compliance and the technical
specifications, will continue to meet the
requirements of 10 CFR part 72 for an
additional 40 years beyond the initial
certificate term. Consistent with
§ 72.240, the NRC is renewing the
Holtec International HI–STORM 100
initial certificate 1014 and Amendment
Nos. 1 through 15.
Extending the expiration date of the
approval for the initial certificate and
Amendment Nos. 1 through 15 for 40
years and requiring the implementation
of aging management activities during
the period of extended operation does
not impose any modification or addition
to the design of a cask system’s
structures, systems, and components
important to safety, or to the procedures
or organization required to operate the
system during the initial 20-year storage
term certified by the cask’s initial
certificate of compliance. General
licensees who have loaded these casks,
or who load these casks in the future
under the specifications of the
applicable renewed certificate of
compliance, may store spent fuel in
these cask system designs for 20 years
without implementing the aging
management program. For any casks
that have been in use for more than 20
years, the general licensee will have 365
days to complete the analyses required
to use the cask system design pursuant
to the terms and conditions in the
renewed certificate of compliance. As
explained in the 2011 final rule that
amended 10 CFR part 72 (76 FR 8872),
the general licensee’s authority to use a
particular storage cask design under an
approved certificate of compliance will
be for at least the term certified by the
cask’s certificate of compliance. For
casks placed into service before the
expiration date of the initial certificate,
the general licensee’s authority to use
the cask would be extended for an
additional 40 years from the date the
initial certificate expired. For casks
placed into service after the expiration
date of the initial certificate and before
the effective date of this rule, the
general licensee’s authority to use the
cask would last the length of the term
certified by the cask’s certificate of
compliance (i.e., 40 years after the cask
is placed into service). For casks placed
into service after this rule becomes
effective, the general licensee’s
authority to use the cask would expire
40 years after the cask is first placed
into service.
This direct final rule revises the HI–
STORM 100 Cask System design listing
in § 72.214 by renewing, for 40 more
years, the initial certificate and
Amendment Nos. 1 through 15 of
Certificate of Compliance No. 1014. The
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renewed certificate of compliance
includes the changes to the certificate of
compliance and technical specifications
previously described. The renewed
certificate of compliance includes the
terms, conditions, and specifications
that will ensure the safe operation of the
cask during the renewal term and the
added conditions that will require the
implementation of an aging
management program. The preliminary
safety evaluation report describes the
new and revised conditions in the
certificate of compliance, the changes to
the technical specifications, and the
NRC staff evaluation.
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 revises the Holtec International
HI–STORM 100 Cask System design
listed in § 72.214, ‘‘List of approved
spent fuel storage casks.’’ This action
does not constitute the establishment of
a standard that contains generally
applicable requirements.
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VI. Agreement State Compatibility
Under the ‘‘Agreement State Program
Policy Statement’’ approved by the
Commission on October 2, 2017, and
published in the Federal Register on
October 18, 2017 (82 FR 48535), this
rule is classified as Compatibility
Category NRC—Areas of Exclusive NRC
Regulatory Authority. 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.
Therefore, compatibility is not required
for program elements in this category.
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
Final 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
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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
based on this environmental
assessment.
A. The Action
The proposed action is to amend
§ 72.214 to revise the Holtec
International HI–STORM 100 Cask
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
renew, for an additional 40 years, the
initial certificate and Amendment Nos.
1 through 15 of Certificate of
Compliance No. 1014.
B. The Need for the Action
This direct final rule renews the
certificate of compliance for the Holtec
International HI–STORM 100 Cask
System design within the list of
approved spent fuel storage casks to
allow power reactor licensees to store
spent fuel at reactor sites in casks with
the approved modifications under the
general license provisions in 10 CFR
part 72. Specifically, this rule extends
the expiration date for the Holtec
International HI–STORM 100 Cask
System certificate of compliance for an
additional 40 years, allowing a power
reactor licensee to continue using the
cask design during a period of extended
operation for a term certified by the
cask’s renewed certificate of
compliance.
This direct final rule would add
conditions to the certificate of
compliance and technical specifications
necessary to have confidence that the
structures, systems, and components
important to safety will continue to
perform their intended functions during
the requested period of extended
operation and that the design of the cask
would continue to maintain
confinement, shielding, and criticality
control in the event of an accident
during the period of extended operation.
These conditions are needed to provide
reasonable assurance that adequate
protection of public health and safety
will continue during the period of
extended operation.
The three new conditions added to
the renewal of the initial certificate of
compliance and Amendment Nos. 1
through 15 are:
• A condition requiring the certificate
of compliance holder to submit an
updated final safety analysis report
within 90 days after the effective date of
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the renewal and to make continued
updates to the final safety analysis
report pursuant to the requirements of
§ 72.248.
• A condition requiring each general
licensee using the HI–STORM 100 Cask
System design to include, in the
evaluations required by § 72.212(b)(5),
evaluations related to the terms,
conditions, and specifications of this
certificate of compliance amendment as
modified (i.e., changed or added) as a
result of the renewal of the certificate of
compliance and include, in the
document review required by
§ 72.212(b)(6), a review of the final
safety analysis report changes resulting
from the renewal of the certificate of
compliance and the NRC Safety
Evaluation Report for the renewal of the
certificate of compliance. The general
licensee would also be required to
ensure that the evaluations required by
§ 72.212(b)(7) in response to these
changes are conducted and the
determination required by § 72.212(b)(8)
is made.
• A condition requiring all future
amendments and revisions to the
certificate of compliance to include
evaluations of the impacts to aging
management activities (i.e., time-limited
aging analyses and aging management
programs) to ensure they remain
adequate for any changes to structures,
systems, and components important to
safety within the scope of renewal.
The authority statement for the initial
certificate and Amendments Nos. 1
through 15 would be revised to be
consistent with the scope of the general
license issued by § 72.210.
This renewal requires general
licensees to conduct evaluations to
implement aging management programs
to manage issues associated with aging
that could adversely affect structures,
systems, and components important to
safety to continue using the Holtec
International HI–STORM 100 Cask
System design during the period of
extended operation for a term certified
by the cask’s renewed certificate of
compliance.
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 impacts of
using NRC-approved storage casks were
analyzed in the environmental
assessment for the 1990 final rule and
are described in ‘‘Environmental
Assessment for Proposed Rule Entitled,
‘Storage of Spent Nuclear Fuel in NRCApproved Storage Casks at Nuclear
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Power Reactor Sites.’ ’’ The potential
environmental impacts related to the
underground configuration for the
Holtec HI–STORM 100U system were
analyzed in the 2009 environmental
assessment, ‘‘Environmental
Assessment for the Holtec International
HI–STORM 100U Underground Cask
System.’’ The potential environmental
impacts for the longer-term use of dry
cask designs and the renewal of
certificates of compliance were analyzed
in the environmental assessment for the
2011 final rule establishing the
regulatory requirements for renewing
certificates of compliance and are
described in ‘‘Environmental
Assessment and Finding of No
Significant Impact for the Final Rule
Amending 10 CFR part 72 License and
Certificate of Compliance Terms’’
(ML100710441). The environmental
impacts from continued storage were
also considered in NUREG–2157,
‘‘Generic Environmental Impact
Statement for Continued Storage of
Spent Nuclear Fuel.’’ The
environmental assessment for this
renewal of the initial certificate and
Amendment Nos. 1 through 15 tiers off
of the environmental assessment for the
February 16, 2011, final rule and
NUREG–2157. Tiering from past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The Holtec International HI–STORM
100 Cask System design 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,
fire, explosions, and other incidents.
A renewal reaffirms the original
design basis, perhaps with some
modifications. The renewal allows the
cask to be used during a period of
extended operation that corresponds to
the term certified by the cask’s
certificate of compliance in the renewal.
As a condition of the renewal, the NRC
requires an aging management program
that will ensure that structures, systems,
and components important to safety will
perform as designers intended during
the renewal period. The renewal does
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not reflect a change in design or
fabrication of the cask system. Because
the aging management program will
ensure the structures, systems, and
components important to safety for the
cask will perform as designed for the
renewal period, any resulting
occupational exposure or offsite dose
rates from the renewal of the initial
certificate and Amendment Nos. 1
through 15 would remain well within
the 10 CFR part 20 limits. The NRC has
also determined that the design of the
cask system would continue to maintain
confinement, shielding, and criticality
control in the event of an accident. The
NRC determined that the structures,
systems, and components important to
safety will continue to perform their
intended functions during the requested
period of extended operation. The NRC
determined that the renewed Holtec
International HI–STORM 100 Cask
System design, when used under the
conditions specified in the renewed
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.
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 renewing the Holtec International
HI–STORM 100 Cask System design and
to 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 design after the expiration date
of the certificate of compliance or that
seeks to continue storing spent nuclear
fuel in the Holtec International HI–
STORM 100 Cask System design for
longer than the term certified by the
cask’s certificate of compliance for the
initial certificate (i.e., more than 20
years) would have to request an
exemption from the requirements of
§§ 72.212 and 72.214 or would have to
load the spent nuclear fuel into a
different approved cask design. Under
this alternative, those licensees
interested in continuing to use the HI–
STORM 100 Cask System design 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. If the
general licensee is granted an
exemption, the environmental impacts
would be the same as the proposed
action. If the general licensee is not
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9111
granted an exemption, the general
licensee would need to unload the
Holtec International HI–STORM 100
cask system and load the fuel into
another cask system design, which
would result in environmental impacts
that are greater than for the proposed
action because activities associated with
cask loading and decontamination may
result in some small liquid and gaseous
effluent.
E. Alternative Use of Resources
Renewal of the initial certificate and
Amendment Nos. 1 through 15 to
Certificate of Compliance No. 1014
would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Final Finding of No Significant
Impact
The proposed action is to amend
§ 72.214 to revise the Holtec
International HI–STORM 100 Cask
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
renew, for an additional 40 years, the
initial certificate and Amendment Nos.
1 through 15 of Certificate of
Compliance No. 1014. 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,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ and are
described in the preceding
environmental assessment in Section
VIII of this notice.
The renewal does not reflect a change
in design or fabrication of the cask
system as approved for the initial
certificate or Amendment Nos. 1
through 15. The NRC determined that
the renewed Holtec International HI–
STORM 100 Cask System design, when
used under the conditions specified in
the renewed 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.
Based on the foregoing environmental
assessment, the NRC concludes that this
direct final rule, ‘‘List of Approved
Spent Fuel Storage Casks: Holtec
International HI–STORM 100 Cask
System, Certificate of Compliance No.
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1014, Renewal of the initial certificate
and Amendment Nos. 1 through 15,’’
will not have a significant effect on the
quality of the human environment.
Therefore, the NRC has determined that
an environmental impact statement is
not necessary for this direct final rule
and the Commission has determined not
to prepare an environmental impact
statement for the proposed action.
The final finding of no significant
impact and the other related
environmental documents, including
NUREG–2157, the ‘‘Environmental
Assessment and Finding of No
Significant Impact for the Final Rule
Amending 10 CFR part 72 License and
Certificate of Compliance Terms’’
(2010), and the ‘‘Environmental
Assessment for the Holtec International
HI–STORM 100U Underground Cask
System’’ (2009) are available for public
inspection through the NRC public
website using ADAMS as described in
Section I, ‘‘Obtaining Information and
Submitting Comments.’’
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.
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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.
Holtec International is a diversified
energy technology company that
engages in manufacturing, has more
than 500 employees, and does not
qualify as a small entity based on the
Regulatory Flexibility Act or the NRC
size standards at 10 CFR 2.810.
Similarly, none of the existing nuclear
power plants storing spent nuclear fuel
qualify as small entities under the
Regulatory Flexibility Act or NRC size
standards. Therefore, neither the current
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licensees affected by this rule, nor
Holtec International, 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. Thus, pursuant to its delegated
authority, the Executive Director for
Operations certifies under section 605 of
the Regulatory Flexibility Act ‘‘that the
rule will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
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 under a general license to store
spent nuclear fuel if (1) it 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
May 1, 2000 (65 FR 25241), the NRC
issued an amendment to 10 CFR part 72
that approved the Holtec International
HI–STORM 100 Cask System design by
adding it to the list of NRC-approved
cask designs in § 72.214.
On January 31, 2020, as supplemented
on October 16, 2020, October 29, 2020,
April 19, 2021, and April 23, 2021,
Holtec International submitted a request
to renew Certificate of Compliance No.
1014 for the HI–STORM 100 Cask
System design for an additional 40 years
beyond the initial certificate term
(ADAMS Accession Nos.
ML20049A081, ML20290A819,
ML20303A254, ML21109A367, and
ML21113A201) as described in Section
IV, ‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of the renewal of the
initial certificate and Amendments Nos.
1 through 15 and to require any 10 CFR
part 72 general licensee seeking to
continue the storage of spent nuclear
fuel in the Holtec International HI–
STORM 100 Cask System design using
the initial certificate (Amendment No.
0) or Amendments No. 1 through 15
beyond the initial 20-year storage term
certified by the cask’s initial certificate
of compliance to request an exemption
from the requirements of §§ 72.212 and
72.214. The term for general licenses
would not be extended from 20 years to
40 years. Under this alternative, each
interested 10 CFR part 72 licensee
would have to prepare, and the NRC
would have to review, a separate
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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; therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
actions in this direct final rule do not
require a backfit analysis because they
do not fall within the definition of
backfitting under § 72.62 or
§ 50.109(a)(1), they do not impact the
issue finality provisions applicable to
combined licenses under 10 CFR part
52, and they do not impact general
licensees that are using these systems
for the duration of their current general
licenses.
Certificate of Compliance No. 1014 for
the Holtec International HI–STORM 100
Cask System design, as currently listed
in § 72.214, ‘‘List of Approved Spent
Fuel Storage Casks,’’ was initially
approved for a 20-year term. This direct
final rule would renew the initial
certificate and Amendment Nos. 1
through 15, extending their approval
period by 40 years. The term certified by
the cask’s certificate of compliance for
a renewed certificate of compliance is
the period of time commencing with the
most recent certificate of compliance
renewal date and ending with the
certificate of compliance expiration
date. With this renewal, the term
certified by the cask’s certificate of
compliance would change from 20 years
to 40 years, with the period of extended
operation beginning 20 years after the
cask is placed into service. The revision
to the certificate of compliance through
the renewal consists of the changes in
the renewed initial certificate
(Amendment No. 0) and renewed
Amendment Nos. 1 through 15 as
previously described, and as set forth in
the renewed certificates of compliance
and technical specifications. These
changes would not affect the use of the
Holtec International HI–STORM 100
Cask System design for the initial 20-
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year term for previously loaded casks.
The renewed certificates would require
implementation of aging management
programs during the period of extended
operation, which begins after the storage
cask system’s initial 20-year service
period.
Because the term for the renewal
would be longer than the initial term
certified by the cask’s certificate of
compliance, the general licensee’s
authority to use the cask would be
extended and would be no less than 40
years. This change would not add,
eliminate, or modify (1) structures,
systems, or components of an
independent spent fuel storage
installation or a monitored retrievable
storage installation or (2) the procedures
or organization required to operate an
independent spent fuel storage
installation or a monitored retrievable
storage installation.
Renewing these certificates does not
fall within the definition of backfit
under § 72.62 or § 50.109, or otherwise
represent an inconsistency with the
issue finality provisions applicable to
combined licenses in 10 CFR part 52.
General licensees who have loaded
these casks, or who load these casks in
the future under the specifications of
the applicable certificate, may continue
to store spent fuel in these systems for
the initial 20-year storage period
authorized by the original certificate.
Extending the certificates’ expiration
dates for 40 more years and requiring
the implementation of aging
management programs does not impose
any modification or addition to the
design of the structures, systems, and
components important to safety of a
cask system, or to the procedures or
organization required to operate the
system during this initial 20-year term
certified by the cask’s certificate of
compliance. The aging management
programs required to be implemented
by this renewal are only required to be
implemented after the storage cask
system’s initial 20-year service period
ends.
Because this rulemaking renews the
certificates, and because renewal is a
separate NRC licensing action
voluntarily implemented by vendors or
licensees, the renewal of these
certificates is not an imposition of new
or changed requirements from which
these certificate of compliance holders
or licensees would otherwise be
protected by the backfitting provisions
in § 72.62 or § 50.109. Even if renewal
of this certificate of compliance cask
system design could be considered a
backfit, Holtec International, as the
certificate of compliance holder and
vendor of the casks, is not protected by
the backfitting provisions in § 72.62 in
this capacity.
Holtec International is also a general
licensee using the HI–STORM 100 Cask
System design under a general license.
General licensees, including Holtec
International, using the existing systems
subject to these renewals would be
protected by the backfitting provisions
in § 72.62 and § 50.109 if the renewals
constituted new or changed
requirements. But as previously
explained, renewal of the certificates for
these systems does not impose such
requirements. The general licensees
using these certificates of compliance
may continue storing material in the
Holtec International HI–STORM 100
Cask System design for the initial 20-
year storage period identified in the
applicable certificate or amendment
with no changes. If general licensees
choose to continue to store spent fuel in
the Holtec International HI–STORM 100
Cask System design after the initial 20year period, these general licensees will
be required to implement the applicable
aging management programs for any
cask systems subject to a renewed
certificate of compliance, but such
continued use is voluntary.
Additionally, the actions in this direct
final rule do not impact issue finality
provisions applicable to combined
licenses under 10 CFR part 52.
Currently, there are no Holtec
International HI–STORM 100 casks used
at an independent fuel storage
installation associated with a nuclear
power reactor licensed pursuant to 10
CFR part 52 under the general license
granted by § 72.210.
For these reasons, renewing the initial
certificate and Amendment Nos. 1
through 15 of 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 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 as indicated.
ADAMS accession No./
Federal Register citation
Document
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Proposed Certificates of Compliance and Proposed Technical Specifications
Proposed Renewed Certificate of Compliance
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 0.
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 0.
Proposed Renewed Certificate of Compliance
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 1.
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 1.
Proposed Renewed Certificate of Compliance
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 2.
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 2.
Proposed Renewed Certificate of Compliance
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 3.
Proposed Renewed Certificate of Compliance
100 Cask System Amendment No. 3.
Proposed Renewed Certificate of Compliance
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No. 1014 (Amendment No. 0) .............................................................
No. 1014 Appendix A: Technical Specifications for the HI–STORM
ML22098A235.
ML22098A236.
No. 1014 Appendix B: Technical Specifications for the HI–STORM
ML22098A237.
No. 1014, Amendment No. 1 ...............................................................
No. 1014 Appendix A: Technical Specifications for the HI–STORM
ML22098A238.
ML22098A239.
No. 1014 Appendix B: Technical Specifications for the HI–STORM
ML22098A240.
No. 1014, Amendment No. 2 ...............................................................
No. 1014 Appendix A: Technical Specifications for the HI–STORM
ML22098A241.
ML22098A242.
No. 1014 Appendix B: Technical Specifications for the HI–STORM
ML22098A243.
No. 1014, Amendment No. 3 ...............................................................
No. 1014 Appendix A: Technical Specifications for the HI–STORM
ML22098A244.
ML22098A245.
No. 1014 Appendix B: Technical Specifications for the HI–STORM
ML22098A246.
No. 1014, Amendment No. 4 ...............................................................
ML22098A247.
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ADAMS accession No./
Federal Register citation
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Document
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 4.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 4.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 5 ...............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 6 ...............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 7 ...............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 8, Revision 1 ............................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 9, Revision 1 ............................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 10 .............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 11 .............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 12 .............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–
STORM 100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014, Amendment No. 13 .............................................................
Proposed Renewed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM
100 Cask System Amendment No. 13.
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ML22098A271.
ML22098A272.
ML22098A273.
ML22098A274.
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ML22098A278.
ML22098A279.
ML22098A280.
ML22098A281.
ML22098A282.
ML22098A283.
ML22098A284.
ML22098A285.
ML22098A286.
ML22098A287.
ML22098A288.
Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
ADAMS accession No./
Federal Register citation
Document
Proposed Renewed Certificate of Compliance No.
STORM 100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No.
STORM 100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No.
Proposed Renewed Certificate of Compliance No.
100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No.
100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No.
STORM 100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No.
STORM 100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No.
Proposed Renewed Certificate of Compliance No.
100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No.
100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No.
STORM 100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No.
STORM 100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No.
100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No.
100 Cask System Amendment No. 15.
9115
1014 Appendix A–100U: Technical Specifications for the HI–
ML22098A289.
1014 Appendix B–100U: Technical Specifications for the HI–
ML22098A290.
1014, Amendment No. 14 .............................................................
1014 Appendix A: Technical Specifications for the HI–STORM
ML22098A291.
ML22098A292.
1014 Appendix B: Technical Specifications for the HI–STORM
ML22098A293.
1014 Appendix A–100U: Technical Specifications for the HI–
ML22098A294.
1014 Appendix B–100U: Technical Specifications for the HI–
ML22098A295.
1014, Amendment No. 15 .............................................................
1014 Appendix A: Technical Specifications for the HI–STORM
ML22098A296.
ML22098A297.
1014 Appendix B: Technical Specifications for the HI–STORM
ML22098A298.
1014 Appendix A–100U: Technical Specifications for the HI–
ML22098A299.
1014 Appendix B–100U: Technical Specifications for the HI–
ML22098A300.
1014 Appendix C: Technical Specifications for the HI–STORM
ML22098A301.
1014 Appendix D: Technical Specifications for the HI–STORM
ML22098A302.
Preliminary Safety Evaluation Report
Preliminary Safety Evaluation Report for the HI–STORM 100 Cask System: Certificate of Compliance No. 1014
Renewal Docket No. 72–1014.
ML22098A303.
Environmental Documents
Environmental Assessment for Proposed Rule Entitled, ‘‘Storage of Spent Nuclear Fuel in NRC-Approved Storage
Casks at Nuclear Power Reactor Sites.’’ (1989).
ML051230231.
‘‘Environmental Assessment for the Holtec International HI–STORM 100U Underground Cask System’’ (2009) .......
‘‘Environmental Assessment and Finding of No Significant Impact for the Final Rule Amending 10 CFR Part 72 License and Certificate of Compliance Terms’’ (2010).
Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG–
2157, Volumes 1 and 2) (2014).
‘‘Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites’’ Final Rule (July 18, 1990) .........
‘‘List of Approved Spent Fuel Storage Casks: HI–STORM 100 Revision 7’’ (October 13, 2009) .................................
‘‘License and Certificate of Compliance Terms’’ (February 16, 2011) ...........................................................................
ML091060766.
ML100710441.
ML14198A440 (package).
55 FR 29181.
74 FR 52387.
76 FR 8876.
Holtec International, HI–STORM 100 Renewal Application Documents
‘‘Holtec International HI–STORM 100 Storage Certificate of Compliance Renewal Application.’’ Holtec Letter
5014890.
‘‘Holtec International, Submittal of RAI Responses on HI–STORM 100 License Renewal.’’ Holtec Letter 5014911 ...
‘‘Holtec International, Submittal of RAI Responses on HI–STORM 100 License Renewal [submittal of report HI–
2002396, Revision 5].’’ Holtec Letter 5014912.
‘‘Holtec International, Submittal of RAI Clarification Responses on HI–STORM 100 License Renewal.’’ Holtec Letter 5014922.
‘‘Holtec International, Submittal of RAI Clarification Responses on HI–STORM 100 License Renewal—Updated Attachment.’’ Holtec Letter 5014923.
Certificate of Compliance Renewal Application for the HI–STORM 100 Dry Storage System: Certificate of Compliance No. 1014, Docket Number 72–1014.
ML20049A081 (package).
ML20290A819 (package).
ML20303A254 (package).
ML21109A367 (package).
ML21113A201 (package).
ML21113A203.
khammond on DSKJM1Z7X2PROD with RULES
Holtec International, HI–STORM 100 Final Safety Analysis Reports
‘‘Final Safety Analysis Report for the HI–STORM 100 Cask System.’’ HI–2002444, Revision 18. (non-proprietary)
(May 2019).
‘‘Final Safety Analysis Report for the HI–STORM 100 Cask System.’’ HI–2002444, Revision 19. (non-proprietary)
(April 2020).
‘‘Final Safety Analysis Report for the HI–STORM 100 Cask System.’’ HI–2002444, Revision 20. (non-proprietary)
(June 2020).
ML19150A405.
ML20121A317.
ML20167A018.
Other Documents
‘‘Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent
Nuclear Fuel.’’ NUREG–1927, Revision 1. Washington, DC. June 2016.
‘‘Managing Aging Processes in Storage (MAPS) Report.’’ Final Report. NUREG–2214. Washington, DC. July 2019
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ML19214A111.
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
ADAMS accession No./
Federal Register citation
Document
‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (July 18, 1990) ................................................
‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition’’ (May 1, 2000) .................................
‘‘License and Certificate of Compliance Terms’’ (February 16, 2011) ...........................................................................
‘‘Agreement State Program Policy Statement; Correction’’ (October 18, 2017) ............................................................
Nuclear Energy Institute NEI 14–03, Revision 2, ‘‘Format, Content and Implementation Guidance for Dry Cask
Storage Operations-Based Aging Management,’’ (2016).
Regulatory Guide 3.76, Revision 0, ‘‘Implementation of Aging Management Requirements for Spent Fuel Storage
Renewals.’’ July 2021.
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–2022–0109.
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
1. The authority citation for part 72
continues to read as follows:
■
khammond on DSKJM1Z7X2PROD with RULES
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, revise Certificate of
Compliance No. 1014 to read as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
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*
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Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000, superseded by Renewed Initial
Certificate Effective Date: May 1, 2023.
Amendment Number 1 Effective Date:
July 15, 2002, superseded by Renewed
Amendment Number 1 Effective Date:
May 1, 2023.
Amendment Number 2 Effective Date:
June 7, 2005, superseded by Renewed
Amendment Number 2 Effective Date:
May 1, 2023.
Amendment Number 3 Effective Date:
May 29, 2007, superseded by Renewed
Amendment Number 3 Effective Date:
May 1, 2023.
Amendment Number 4 Effective Date:
January 8, 2008, superseded by
Renewed Amendment Number 4
Effective Date: May 1, 2023.
Amendment Number 5 Effective Date:
July 14, 2008, superseded by Renewed
Amendment Number 5 Effective Date:
May 1, 2023.
Amendment Number 6 Effective Date:
August 17, 2009, superseded by
Renewed Amendment Number 6
Effective Date: May 1, 2023.
Amendment Number 7 Effective Date:
December 28, 2009, superseded by
Renewed Amendment Number 7
Effective Date: May 1, 2023.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170); superseded by
Amendment Number 8, Revision 1,
Effective Date: February 16, 2016;
superseded by Renewed Amendment
Number 8, Revision 1 Effective Date:
May 1, 2023.
Amendment Number 9 Effective Date:
March 11, 2014; superseded by
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected on August 25, 2017 (ADAMS
Accession No. ML17236A451);
superseded by Renewed Amendment
Number 9, Revision 1 Effective Date:
May 1, 2023.
Amendment Number 10 Effective
Date: May 31, 2016, as corrected on
August 25, 2017 (ADAMS Accession
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55 FR 29181.
65 FR 25241.
76 FR 8872.
82 FR 48535.
ML16356A210.
ML21098A022.
No. ML17236A452); superseded by
Renewed Amendment Number 10
Effective Date: May 1, 2023.
Amendment Number 11 Effective
Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024);
superseded by Renewed Amendment
Number 11 Effective Date: May 1, 2023.
Amendment Number 12 Effective
Date: February 25, 2019, as corrected on
May 30, 2019 (ADAMS Accession No.
ML19109A111); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343A908); superseded by
Renewed Amendment Number 12
Effective Date: May 1, 2023.
Amendment Number 13 Effective
Date: May 13, 2019, as corrected on May
30, 2019 (ADAMS Accession No.
ML19109A122); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343B156); superseded by
Renewed Amendment Number 13
Effective Date: May 1, 2023.
Amendment Number 14 Effective
Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287);
superseded by Renewed Amendment
Number 14 Effective Date: May 1, 2023.
Amendment Number 15 Effective
Date: June 14, 2021, superseded by
Renewed Amendment Number 15
Effective Date: May 1, 2023.
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.
Renewed Certificate Expiration Date:
May 31, 2060.
Model Number: HI–STORM 100.
*
*
*
*
*
Dated: January 31, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023–03002 Filed 2–10–23; 8:45 am]
BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Rules and Regulations]
[Pages 9106-9116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03002]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2022-0109]
RIN 3150-AK86
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal
of Initial Certificate and Amendment Nos. 1 Through 15
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 Cask System listing within the ``List of approved spent fuel
storage casks'' to renew, for 40 years, the initial certificate and
Amendment Nos. 1 through 15 of Certificate of Compliance No. 1014. The
renewal of the initial certificate and Amendment Nos. 1 through 15
revises the certificate of compliance's conditions and technical
specifications to address aging management activities related to the
structures, systems, and components important to safety of the dry
storage system to ensure that these will maintain their intended
functions during the period of extended storage operations.
DATES: This direct final rule is effective May 1, 2023, unless
significant adverse comments are received by March 15, 2023. 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: Submit your comments, identified by Docket ID NRC-2022-0109,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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: Kristina Banovac, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-7116, email:
[email protected] and James Firth, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-6628, 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 Final 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-2022-0109 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-2022-0109. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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
[[Page 9107]]
are provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0109 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This rule involves the renewal of Certificate of Compliance No.
1014, which includes the initial certificate and Amendment Nos. 1
through 15. As described in the Statement of Considerations to the
final rule ``License and Certificate of Compliance Terms'' (76 FR 8872;
February 16, 2011), a renewal reaffirms the original design basis,
perhaps with some modifications, but does not involve reevaluating the
original design basis in accordance with current review standards,
which may be different from the standards in place when the cask design
was initially certified. The NRC is using the ``direct final rule
procedure'' to issue this renewal 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 reasonably assured. The amendment to the
rule will become effective on May 1, 2023. However, if the NRC receives
any significant adverse comment on this direct final rule by March 15,
2023, 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 or as otherwise
appropriate. In general, 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,
states 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 ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under Section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule that added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181, July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs and for the renewal of the cask design
approval. The NRC subsequently issued a final rule on May 1, 2000 (65
FR 25241) that approved the HI-STORM 100 Cask System design and added
it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance No. 1014. On August 28, 2007 (72 FR 49561),
the NRC amended the scope of the general licenses issued under 10 CFR
72.210 to include the storage of spent fuel in an independent spent
fuel storage installation (ISFSI) at power reactor sites to persons
authorized to possess or operate nuclear power reactors under 10 CFR
part 52. On February 16, 2011 (76 FR 8872), the NRC amended subparts K
and L in 10 CFR part 72, to extend and clarify the term limits for
certificates of compliance and revised the conditions for spent fuel
storage casks renewals, including adding requirements for the safety
analysis report to include time-limited aging analyses and a
description of aging management programs. The NRC also clarified the
terminology used in the regulations to use ``renewal'' rather than
``reapproval'' to better reflect that extending the term of a currently
approved cask design is based on the cask design standards in effect at
the time the certificate of compliance was approved rather than current
standards.
IV. Discussion of Changes
The term certified by the initial Certificate of Compliance No.
1014 was 20 years. The period of extended operation for each cask
begins 20 years after the cask is first used by the general licensee to
store spent fuel. On January 31, 2020, as supplemented on October
[[Page 9108]]
16, 2020, October 29, 2020, April 19, 2021, and April 23, 2021, Holtec
International submitted a request to renew Certificate of Compliance
No. 1014 for the HI-STORM 100 Cask System design for an additional 40
years beyond the initial certificate term (ADAMS Accession Nos.
ML20049A081, ML20290A819, ML20303A254, ML21109A367, and ML21113A201).
The HI-STORM 100 Cask System design consists of (1) interchangeable
multi-purpose canisters (MPCs), which contain the fuel, (2) a storage
overpack (HI-STORM), which contains the MPC during storage, and (3) a
transfer cask (HI-TRAC), which contains the MPC during loading,
unloading, and transfer operations. The MPC is a welded, cylindrical
canister with a fuel basket, a baseplate, a lid, a closure ring, and
the canister shell. This cask system design has twelve types of MPCs.
The HI-STORM 100 dry storage system includes an aboveground system
and an underground system. For the aboveground systems, the HI-STORM
100 or HI-STORM 100S storage overpack provides shielding and structural
protection of the MPC during storage. The HI-STORM 100S is a variation
of the HI-STORM 100 overpack design that includes a modified lid that
incorporates the air outlet ducts, allowing the overpack body to be
shortened. The HI-STORM 100A and HI-STORM 100SA are variants of the HI-
STORM 100 overpack and are outfitted with an extended baseplate and
gussets to enable the overpack to be anchored to the concrete storage
pad in high seismic applications. The HI-STORM 100U system is an
underground storage system within the HI-STORM 100 Cask System. The HI-
STORM 100U storage vertical ventilated module uses an air-cooled vault
or caisson storage design.
The Nuclear Energy Institute's (NEI) document NEI 14-03, Revision
2, ``Format, Content and Implementation Guidance for Dry Cask Storage
Operations-Based Aging Management,'' (2016) (ADAMS Accession No.
ML16356A210) provides an operations-based, learning approach to aging
management for the storage of spent fuel, which builds on the lessons
learned from industry's experience with aging management for reactors.
The NRC endorsed NEI 14-03, Revision 2, with clarifications, in
Regulatory Guide 3.76, Revision 0, ``Implementation of Aging Management
Requirements for Spent Fuel Storage Renewals,'' issued July 2021 (ADAMS
Accession No. ML21098A022). Specifically, NEI 14-03 provides a
framework for sharing operating experience through an industry-
developed database called the ISFSI Aging Management Institute of
Nuclear Power Operations Database. NEI 14-03 also includes a framework
for learning aging management programs using aging management
``tollgates,'' which offer a structured approach for periodically
assessing operating experience and data from applicable research and
industry initiatives at specific times during the period of extended
operation and performing a safety assessment that confirms the safe
storage of the spent nuclear fuel by ensuring the aging management
programs continue to effectively manage the identified aging effects.
The ISFSI Aging Management Institute of Nuclear Power Operations
Database provides operating experience information and a basis to
support licensees' future changes to the aging management programs. The
ISFSI Aging Management Institute of Nuclear Power Operations Database
and the aging management tollgates are considered key elements in
ensuring the effectiveness of aging management activities and the
continued safe storage of spent fuel during the period of extended
operation.
Holtec International incorporated periodic tollgate assessments as
requirements in the renewed certificate of compliance, as recommended
in NEI 14-03, Revision 2. The implementation of tollgate assessments
provides reasonable assurance that the aging management programs for
the MPC, overpack, transfer cask, high burnup fuel assembly components
(if applicable), and the 100U concrete (if applicable) will continue to
effectively manage aging effects during the period of extended
operation.
The renewal of the initial certificate and Amendment Nos. 1 through
15 was conducted in accordance with the renewal provisions in Sec.
72.240. The NRC's regulations require the safety analysis report for
the renewal to include time-limited aging analyses that demonstrate
that structures, systems, and components important to safety will
continue to perform their intended function for the requested period of
extended operation and a description of the aging management programs
for the management of issues associated with aging that could adversely
affect structures, systems, and components important to safety. This
section of the NRC spent fuel storage regulations authorizes the NRC to
revise the certificate of compliance to include any additional terms,
conditions, and specifications it deems necessary to ensure the safe
operation of the cask during the certificate of compliance's renewal
term. Here, the NRC is adding three new conditions to the renewal of
the certificate of compliance, which will ensure the safe operation of
the cask during the certificate of compliance's renewal term and will
allow the use of the HI-STORM 100 during the approved period of
extended operation. The NRC is amending the condition that describes
the authorization for use of the Holtec International HI-STORM 100 Cask
System design under the general license.
The three new conditions added to the renewal of the initial
certificate of compliance and Amendment Nos. 1 through 15 are:
A condition requiring the certificate of compliance holder
to submit an updated final safety analysis report within 90 days after
the effective date of the renewal. The updated final safety analysis
report must reflect the changes resulting from the review and approval
of the renewal of the certificate of compliance, including the HI-STORM
100 final safety analysis report supplement, as documented in Appendix
D of the HI-STORM 100 certificate of compliance renewal application,
Revision 1, dated April 23, 2021 (ADAMS Accession No. ML21113A203).
This condition ensures that final safety analysis report changes are
made in a timely fashion to enable general licensees using the storage
system during the period of extended operation to develop and implement
necessary procedures related to renewal and aging management
activities. The certificate of compliance holder is required to
continue to update the final safety analysis report pursuant to the
requirements of Sec. 72.248.
A condition requiring each general licensee using the HI-
STORM 100 Cask System design to include, in the evaluations required by
Sec. 72.212(b)(5), evaluations related to the terms, conditions, and
specifications of this certificate of compliance amendment as modified
(i.e., changed or added) as a result of the renewal of the certificate
of compliance and include, in the document review required by Sec.
72.212(b)(6), a review of the final safety analysis report changes
resulting from the renewal of the certificate of compliance and the NRC
Safety Evaluation Report for the renewal of the certificate of
compliance. The general licensee would also be required to ensure that
the evaluations required by Sec. 72.212(b)(7) in response to these
changes are conducted and the determination required by Sec.
72.212(b)(8) is made. This condition also makes it clear that to meet
the requirements in Sec. 72.212(b)(11), general licensees that
[[Page 9109]]
currently use a HI-STORM 100 Cask System will need to update their
Sec. 72.212 reports, even if they do not put additional Holtec
International HI-STORM 100 Cask Systems into service after the
renewal's effective date. These evaluations, reviews, and
determinations are to be completed before the dry storage system enters
the period of extended operation (which begins 20 years after the first
use of the Holtec International HI-STORM 100 Cask System) or no later
than 365 days after the effective date of this rule, whichever is
later. This will provide general licensees a minimum of 365 days to
comply with the new terms, conditions, specifications, and other
changes to the certificate of compliance and to make the necessary
determinations required by Sec. 72.212(b)(8) as to whether activities
related to the storage of spent nuclear fuel using the renewed
certificate of compliance involve a change in the facility Technical
Specifications or requires a license amendment for the facility.
A condition requiring all future amendments and revisions
to the certificate of compliance (i.e., the initial certificate 1014
and Amendment Nos. 1 through 15) include evaluations of the impacts to
aging management activities (i.e., time-limited aging analyses and
aging management programs) to ensure they remain adequate for any
changes to structures, systems, and components important to safety
within the scope of renewal. This condition ensures that future
amendments to the certificate of compliance address the renewed design
bases for the certificate of compliance, including aging management
impacts that may arise from the changes to the system in proposed
future amendments.
Additionally, the condition for the initial certificate and
Amendment Nos. 1 through 15 would be amended to reflect changes to the
scope of the general license granted by Sec. 72.210 that were made
after the approval of the initial certificate. The authorization is
amended to allow persons authorized to possess or operate a nuclear
power reactor under 10 CFR part 52 to use the HI-STORM 100 Cask Design
under the general license issued under Sec. 72.210.
The NRC made one corresponding change from the technical
specifications for the initial certificate of compliance and Amendment
Nos. 1 through 15 by adding a section addressing the aging management
program. General licensees using the HI-STORM Cask System design during
the period of extended operation will need to establish, implement, and
maintain written procedures for each applicable aging management
program in the final safety analysis report to use the HI-STORM 100
Cask System design during the approved period of extended operation.
The procedures will need to include provisions for changing aging
management program elements, as necessary, and within the limitations
of the approved design bases to address new information on aging
effects based on inspection findings and/or industry operating
experience. General licensees will also be required to perform tollgate
assessments as described in Chapter 9 of the final safety analysis
report.
General licensees will need to establish and implement these
written procedures prior to entering the period of extended operation
(which begins 20 years after the first use of the cask system) or no
later than 365 days after the effective date of this rule, whichever is
later. The general licensee is required to maintain these written
procedures for as long as the general licensee continues to operate HI-
STORM 100 Cask Systems in service for longer than 20 years.
Under Sec. 72.240(d), the design of a spent fuel storage cask will
be renewed if (1) the quality assurance requirements in 10 CFR part 72,
subpart G, ``Quality Assurance,'' are met, (2) the requirements of 10
CFR 72.236(a) through (i) are met, and (3) the application includes a
demonstration that the storage of spent fuel has not, in a significant
manner, adversely affected the structures, systems, and components
important to safety. Additionally, Sec. 72.240(c) requires that the
safety analysis report accompanying the application contain time-
limited aging analyses that demonstrate that the structures, systems,
and components important to safety will continue to perform their
intended function for the requested period of extended operation and a
description of the aging management program for management of aging
issues that could adversely affect structures, systems, and components
important to safety.
As documented in the preliminary safety evaluation report, the NRC
reviewed the application for the renewal of the certificate of
compliance and the conditions in the certificate of compliance and
determined that the conditions in subpart G, Sec. 72.236(a) through
(i), and Sec. 72.238 have been met and the application includes a
demonstration that the storage of spent nuclear fuel has not, in a
significant manner, adversely affected structures, systems, and
components important to safety. The NRC's safety review determined that
the HI-STORM 100, with the added terms, conditions, and specifications
in the certificate of compliance and the technical specifications, will
continue to meet the requirements of 10 CFR part 72 for an additional
40 years beyond the initial certificate term. Consistent with Sec.
72.240, the NRC is renewing the Holtec International HI-STORM 100
initial certificate 1014 and Amendment Nos. 1 through 15.
Extending the expiration date of the approval for the initial
certificate and Amendment Nos. 1 through 15 for 40 years and requiring
the implementation of aging management activities during the period of
extended operation does not impose any modification or addition to the
design of a cask system's structures, systems, and components important
to safety, or to the procedures or organization required to operate the
system during the initial 20-year storage term certified by the cask's
initial certificate of compliance. General licensees who have loaded
these casks, or who load these casks in the future under the
specifications of the applicable renewed certificate of compliance, may
store spent fuel in these cask system designs for 20 years without
implementing the aging management program. For any casks that have been
in use for more than 20 years, the general licensee will have 365 days
to complete the analyses required to use the cask system design
pursuant to the terms and conditions in the renewed certificate of
compliance. As explained in the 2011 final rule that amended 10 CFR
part 72 (76 FR 8872), the general licensee's authority to use a
particular storage cask design under an approved certificate of
compliance will be for at least the term certified by the cask's
certificate of compliance. For casks placed into service before the
expiration date of the initial certificate, the general licensee's
authority to use the cask would be extended for an additional 40 years
from the date the initial certificate expired. For casks placed into
service after the expiration date of the initial certificate and before
the effective date of this rule, the general licensee's authority to
use the cask would last the length of the term certified by the cask's
certificate of compliance (i.e., 40 years after the cask is placed into
service). For casks placed into service after this rule becomes
effective, the general licensee's authority to use the cask would
expire 40 years after the cask is first placed into service.
This direct final rule revises the HI-STORM 100 Cask System design
listing in Sec. 72.214 by renewing, for 40 more years, the initial
certificate and Amendment Nos. 1 through 15 of Certificate of
Compliance No. 1014. The
[[Page 9110]]
renewed certificate of compliance includes the changes to the
certificate of compliance and technical specifications previously
described. The renewed certificate of compliance includes the terms,
conditions, and specifications that will ensure the safe operation of
the cask during the renewal term and the added conditions that will
require the implementation of an aging management program. The
preliminary safety evaluation report describes the new and revised
conditions in the certificate of compliance, the changes to the
technical specifications, and the NRC staff evaluation.
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 revises the
Holtec International HI-STORM 100 Cask System design listed in Sec.
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 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. 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. Therefore, compatibility is not required for program
elements in this category.
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 Final 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
based on this environmental assessment.
A. The Action
The proposed 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 renew, for an additional 40
years, the initial certificate and Amendment Nos. 1 through 15 of
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule renews the certificate of compliance for the
Holtec International HI-STORM 100 Cask System design within the list of
approved spent fuel storage casks to allow power reactor licensees to
store spent fuel at reactor sites in casks with the approved
modifications under the general license provisions in 10 CFR part 72.
Specifically, this rule extends the expiration date for the Holtec
International HI-STORM 100 Cask System certificate of compliance for an
additional 40 years, allowing a power reactor licensee to continue
using the cask design during a period of extended operation for a term
certified by the cask's renewed certificate of compliance.
This direct final rule would add conditions to the certificate of
compliance and technical specifications necessary to have confidence
that the structures, systems, and components important to safety will
continue to perform their intended functions during the requested
period of extended operation and that the design of the cask would
continue to maintain confinement, shielding, and criticality control in
the event of an accident during the period of extended operation. These
conditions are needed to provide reasonable assurance that adequate
protection of public health and safety will continue during the period
of extended operation.
The three new conditions added to the renewal of the initial
certificate of compliance and Amendment Nos. 1 through 15 are:
A condition requiring the certificate of compliance holder
to submit an updated final safety analysis report within 90 days after
the effective date of the renewal and to make continued updates to the
final safety analysis report pursuant to the requirements of Sec.
72.248.
A condition requiring each general licensee using the HI-
STORM 100 Cask System design to include, in the evaluations required by
Sec. 72.212(b)(5), evaluations related to the terms, conditions, and
specifications of this certificate of compliance amendment as modified
(i.e., changed or added) as a result of the renewal of the certificate
of compliance and include, in the document review required by Sec.
72.212(b)(6), a review of the final safety analysis report changes
resulting from the renewal of the certificate of compliance and the NRC
Safety Evaluation Report for the renewal of the certificate of
compliance. The general licensee would also be required to ensure that
the evaluations required by Sec. 72.212(b)(7) in response to these
changes are conducted and the determination required by Sec.
72.212(b)(8) is made.
A condition requiring all future amendments and revisions
to the certificate of compliance to include evaluations of the impacts
to aging management activities (i.e., time-limited aging analyses and
aging management programs) to ensure they remain adequate for any
changes to structures, systems, and components important to safety
within the scope of renewal.
The authority statement for the initial certificate and Amendments
Nos. 1 through 15 would be revised to be consistent with the scope of
the general license issued by Sec. 72.210.
This renewal requires general licensees to conduct evaluations to
implement aging management programs to manage issues associated with
aging that could adversely affect structures, systems, and components
important to safety to continue using the Holtec International HI-STORM
100 Cask System design during the period of extended operation for a
term certified by the cask's renewed certificate of compliance.
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 impacts of using NRC-approved storage casks were analyzed
in the environmental assessment for the 1990 final rule and are
described in ``Environmental Assessment for Proposed Rule Entitled,
`Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear
[[Page 9111]]
Power Reactor Sites.' '' The potential environmental impacts related to
the underground configuration for the Holtec HI-STORM 100U system were
analyzed in the 2009 environmental assessment, ``Environmental
Assessment for the Holtec International HI-STORM 100U Underground Cask
System.'' The potential environmental impacts for the longer-term use
of dry cask designs and the renewal of certificates of compliance were
analyzed in the environmental assessment for the 2011 final rule
establishing the regulatory requirements for renewing certificates of
compliance and are described in ``Environmental Assessment and Finding
of No Significant Impact for the Final Rule Amending 10 CFR part 72
License and Certificate of Compliance Terms'' (ML100710441). The
environmental impacts from continued storage were also considered in
NUREG-2157, ``Generic Environmental Impact Statement for Continued
Storage of Spent Nuclear Fuel.'' The environmental assessment for this
renewal of the initial certificate and Amendment Nos. 1 through 15
tiers off of the environmental assessment for the February 16, 2011,
final rule and NUREG-2157. Tiering from past environmental assessments
is a standard process under the National Environmental Policy Act of
1969, as amended.
The Holtec International HI-STORM 100 Cask System design 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, fire, explosions, and other
incidents.
A renewal reaffirms the original design basis, perhaps with some
modifications. The renewal allows the cask to be used during a period
of extended operation that corresponds to the term certified by the
cask's certificate of compliance in the renewal. As a condition of the
renewal, the NRC requires an aging management program that will ensure
that structures, systems, and components important to safety will
perform as designers intended during the renewal period. The renewal
does not reflect a change in design or fabrication of the cask system.
Because the aging management program will ensure the structures,
systems, and components important to safety for the cask will perform
as designed for the renewal period, any resulting occupational exposure
or offsite dose rates from the renewal of the initial certificate and
Amendment Nos. 1 through 15 would remain well within the 10 CFR part 20
limits. The NRC has also determined that the design of the cask system
would continue to maintain confinement, shielding, and criticality
control in the event of an accident. The NRC determined that the
structures, systems, and components important to safety will continue
to perform their intended functions during the requested period of
extended operation. The NRC determined that the renewed Holtec
International HI-STORM 100 Cask System design, when used under the
conditions specified in the renewed 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. 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 renewing the Holtec
International HI-STORM 100 Cask System design and to 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 design after the expiration date of the
certificate of compliance or that seeks to continue storing spent
nuclear fuel in the Holtec International HI-STORM 100 Cask System
design for longer than the term certified by the cask's certificate of
compliance for the initial certificate (i.e., more than 20 years) would
have to request an exemption from the requirements of Sec. Sec. 72.212
and 72.214 or would have to load the spent nuclear fuel into a
different approved cask design. Under this alternative, those licensees
interested in continuing to use the HI-STORM 100 Cask System design
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. If the general licensee is
granted an exemption, the environmental impacts would be the same as
the proposed action. If the general licensee is not granted an
exemption, the general licensee would need to unload the Holtec
International HI-STORM 100 cask system and load the fuel into another
cask system design, which would result in environmental impacts that
are greater than for the proposed action because activities associated
with cask loading and decontamination may result in some small liquid
and gaseous effluent.
E. Alternative Use of Resources
Renewal of the initial certificate and Amendment Nos. 1 through 15
to Certificate of Compliance No. 1014 would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Final Finding of No Significant Impact
The proposed 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 renew, for an additional 40
years, the initial certificate and Amendment Nos. 1 through 15 of
Certificate of Compliance No. 1014. 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, ``Environmental Protection Regulations
for Domestic Licensing and Related Regulatory Functions,'' and are
described in the preceding environmental assessment in Section VIII of
this notice.
The renewal does not reflect a change in design or fabrication of
the cask system as approved for the initial certificate or Amendment
Nos. 1 through 15. The NRC determined that the renewed Holtec
International HI-STORM 100 Cask System design, when used under the
conditions specified in the renewed 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.
Based on the foregoing environmental assessment, the NRC concludes
that this direct final rule, ``List of Approved Spent Fuel Storage
Casks: Holtec International HI-STORM 100 Cask System, Certificate of
Compliance No.
[[Page 9112]]
1014, Renewal of the initial certificate and Amendment Nos. 1 through
15,'' will not have a significant effect on the quality of the human
environment. Therefore, the NRC has determined that an environmental
impact statement is not necessary for this direct final rule and the
Commission has determined not to prepare an environmental impact
statement for the proposed action.
The final finding of no significant impact and the other related
environmental documents, including NUREG-2157, the ``Environmental
Assessment and Finding of No Significant Impact for the Final Rule
Amending 10 CFR part 72 License and Certificate of Compliance Terms''
(2010), and the ``Environmental Assessment for the Holtec International
HI-STORM 100U Underground Cask System'' (2009) are available for public
inspection through the NRC public website using ADAMS as described in
Section I, ``Obtaining Information and Submitting Comments.''
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. Holtec International is a diversified energy
technology company that engages in manufacturing, has more than 500
employees, and does not qualify as a small entity based on the
Regulatory Flexibility Act or the NRC size standards at 10 CFR 2.810.
Similarly, none of the existing nuclear power plants storing spent
nuclear fuel qualify as small entities under the Regulatory Flexibility
Act or NRC size standards. Therefore, neither the current licensees
affected by this rule, nor Holtec International, 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. Thus,
pursuant to its delegated authority, the Executive Director for
Operations certifies under section 605 of the Regulatory Flexibility
Act ``that the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.''
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 under a general
license to store spent nuclear fuel if (1) it 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 May 1, 2000 (65 FR 25241), the NRC issued
an amendment to 10 CFR part 72 that approved the Holtec International
HI-STORM 100 Cask System design by adding it to the list of NRC-
approved cask designs in Sec. 72.214.
On January 31, 2020, as supplemented on October 16, 2020, October
29, 2020, April 19, 2021, and April 23, 2021, Holtec International
submitted a request to renew Certificate of Compliance No. 1014 for the
HI-STORM 100 Cask System design for an additional 40 years beyond the
initial certificate term (ADAMS Accession Nos. ML20049A081,
ML20290A819, ML20303A254, ML21109A367, and ML21113A201) as described in
Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of the
renewal of the initial certificate and Amendments Nos. 1 through 15 and
to require any 10 CFR part 72 general licensee seeking to continue the
storage of spent nuclear fuel in the Holtec International HI-STORM 100
Cask System design using the initial certificate (Amendment No. 0) or
Amendments No. 1 through 15 beyond the initial 20-year storage term
certified by the cask's initial certificate of compliance to request an
exemption from the requirements of Sec. Sec. 72.212 and 72.214. The
term for general licenses would not be extended from 20 years to 40
years. 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; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the actions in this direct final rule
do not require a backfit analysis because they do not fall within the
definition of backfitting under Sec. 72.62 or Sec. 50.109(a)(1), they
do not impact the issue finality provisions applicable to combined
licenses under 10 CFR part 52, and they do not impact general licensees
that are using these systems for the duration of their current general
licenses.
Certificate of Compliance No. 1014 for the Holtec International HI-
STORM 100 Cask System design, as currently listed in Sec. 72.214,
``List of Approved Spent Fuel Storage Casks,'' was initially approved
for a 20-year term. This direct final rule would renew the initial
certificate and Amendment Nos. 1 through 15, extending their approval
period by 40 years. The term certified by the cask's certificate of
compliance for a renewed certificate of compliance is the period of
time commencing with the most recent certificate of compliance renewal
date and ending with the certificate of compliance expiration date.
With this renewal, the term certified by the cask's certificate of
compliance would change from 20 years to 40 years, with the period of
extended operation beginning 20 years after the cask is placed into
service. The revision to the certificate of compliance through the
renewal consists of the changes in the renewed initial certificate
(Amendment No. 0) and renewed Amendment Nos. 1 through 15 as previously
described, and as set forth in the renewed certificates of compliance
and technical specifications. These changes would not affect the use of
the Holtec International HI-STORM 100 Cask System design for the
initial 20-
[[Page 9113]]
year term for previously loaded casks. The renewed certificates would
require implementation of aging management programs during the period
of extended operation, which begins after the storage cask system's
initial 20-year service period.
Because the term for the renewal would be longer than the initial
term certified by the cask's certificate of compliance, the general
licensee's authority to use the cask would be extended and would be no
less than 40 years. This change would not add, eliminate, or modify (1)
structures, systems, or components of an independent spent fuel storage
installation or a monitored retrievable storage installation or (2) the
procedures or organization required to operate an independent spent
fuel storage installation or a monitored retrievable storage
installation.
Renewing these certificates does not fall within the definition of
backfit under Sec. 72.62 or Sec. 50.109, or otherwise represent an
inconsistency with the issue finality provisions applicable to combined
licenses in 10 CFR part 52. General licensees who have loaded these
casks, or who load these casks in the future under the specifications
of the applicable certificate, may continue to store spent fuel in
these systems for the initial 20-year storage period authorized by the
original certificate. Extending the certificates' expiration dates for
40 more years and requiring the implementation of aging management
programs does not impose any modification or addition to the design of
the structures, systems, and components important to safety of a cask
system, or to the procedures or organization required to operate the
system during this initial 20-year term certified by the cask's
certificate of compliance. The aging management programs required to be
implemented by this renewal are only required to be implemented after
the storage cask system's initial 20-year service period ends.
Because this rulemaking renews the certificates, and because
renewal is a separate NRC licensing action voluntarily implemented by
vendors or licensees, the renewal of these certificates is not an
imposition of new or changed requirements from which these certificate
of compliance holders or licensees would otherwise be protected by the
backfitting provisions in Sec. 72.62 or Sec. 50.109. Even if renewal
of this certificate of compliance cask system design could be
considered a backfit, Holtec International, as the certificate of
compliance holder and vendor of the casks, is not protected by the
backfitting provisions in Sec. 72.62 in this capacity.
Holtec International is also a general licensee using the HI-STORM
100 Cask System design under a general license. General licensees,
including Holtec International, using the existing systems subject to
these renewals would be protected by the backfitting provisions in
Sec. 72.62 and Sec. 50.109 if the renewals constituted new or changed
requirements. But as previously explained, renewal of the certificates
for these systems does not impose such requirements. The general
licensees using these certificates of compliance may continue storing
material in the Holtec International HI-STORM 100 Cask System design
for the initial 20-year storage period identified in the applicable
certificate or amendment with no changes. If general licensees choose
to continue to store spent fuel in the Holtec International HI-STORM
100 Cask System design after the initial 20-year period, these general
licensees will be required to implement the applicable aging management
programs for any cask systems subject to a renewed certificate of
compliance, but such continued use is voluntary.
Additionally, the actions in this direct final rule do not impact
issue finality provisions applicable to combined licenses under 10 CFR
part 52. Currently, there are no Holtec International HI-STORM 100
casks used at an independent fuel storage installation associated with
a nuclear power reactor licensed pursuant to 10 CFR part 52 under the
general license granted by Sec. 72.210.
For these reasons, renewing the initial certificate and Amendment
Nos. 1 through 15 of 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
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 as indicated.
----------------------------------------------------------------------------------------------------------------
Document ADAMS accession No./ Federal Register citation
----------------------------------------------------------------------------------------------------------------
Proposed Certificates of Compliance and Proposed Technical Specifications
----------------------------------------------------------------------------------------------------------------
Proposed Renewed Certificate of Compliance No. 1014 ML22098A235.
(Amendment No. 0).
Proposed Renewed Certificate of Compliance No. 1014 ML22098A236.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 0.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A237.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 0.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A238.
Amendment No. 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A239.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A240.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 1.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A241.
Amendment No. 2.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A242.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 2.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A243.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 2.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A244.
Amendment No. 3.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A245.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 3.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A246.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 3.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A247.
Amendment No. 4.
[[Page 9114]]
Proposed Renewed Certificate of Compliance No. 1014 ML22098A248.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 4.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A249.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 4.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A250.
Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A251.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A252.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A253.
Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A254.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A255.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A256.
Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A257.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A258.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A259.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A260.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A261.
Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A262.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A263.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A264.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A265.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A266.
Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A267.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A268.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A269.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A270.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A271.
Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A272.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A273.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A274.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A275.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A276.
Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A277.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A278.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A279.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A280.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A281.
Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A282.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A283.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A284.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A285.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A286.
Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A287.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A288.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 13.
[[Page 9115]]
Proposed Renewed Certificate of Compliance No. 1014 ML22098A289.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A290.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A291.
Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A292.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A293.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A294.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A295.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014, ML22098A296.
Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A297.
Appendix A: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A298.
Appendix B: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A299.
Appendix A-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A300.
Appendix B-100U: Technical Specifications for the HI-STORM
100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A301.
Appendix C: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014 ML22098A302.
Appendix D: Technical Specifications for the HI-STORM 100
Cask System Amendment No. 15.
----------------------------------------------------------------------------------------------------------------
Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Safety Evaluation Report for the HI-STORM 100 ML22098A303.
Cask System: Certificate of Compliance No. 1014 Renewal
Docket No. 72-1014.
----------------------------------------------------------------------------------------------------------------
Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled, ML051230231.
``Storage of Spent Nuclear Fuel in NRC-Approved Storage
Casks at Nuclear Power Reactor Sites.'' (1989).
----------------------------------------------------------------------------------------------------------------
``Environmental Assessment for the Holtec International HI- ML091060766.
STORM 100U Underground Cask System'' (2009).
``Environmental Assessment and Finding of No Significant ML100710441.
Impact for the Final Rule Amending 10 CFR Part 72 License
and Certificate of Compliance Terms'' (2010).
Generic Environmental Impact Statement for Continued ML14198A440 (package).
Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
Volumes 1 and 2) (2014).
``Storage of Spent Fuel In NRC-Approved Storage Casks at 55 FR 29181.
Power Reactor Sites'' Final Rule (July 18, 1990).
``List of Approved Spent Fuel Storage Casks: HI-STORM 100 74 FR 52387.
Revision 7'' (October 13, 2009).
``License and Certificate of Compliance Terms'' (February 76 FR 8876.
16, 2011).
----------------------------------------------------------------------------------------------------------------
Holtec International, HI-STORM 100 Renewal Application Documents
----------------------------------------------------------------------------------------------------------------
``Holtec International HI-STORM 100 Storage Certificate of ML20049A081 (package).
Compliance Renewal Application.'' Holtec Letter 5014890.
``Holtec International, Submittal of RAI Responses on HI- ML20290A819 (package).
STORM 100 License Renewal.'' Holtec Letter 5014911.
``Holtec International, Submittal of RAI Responses on HI- ML20303A254 (package).
STORM 100 License Renewal [submittal of report HI-2002396,
Revision 5].'' Holtec Letter 5014912.
``Holtec International, Submittal of RAI Clarification ML21109A367 (package).
Responses on HI-STORM 100 License Renewal.'' Holtec Letter
5014922.
``Holtec International, Submittal of RAI Clarification ML21113A201 (package).
Responses on HI-STORM 100 License Renewal--Updated
Attachment.'' Holtec Letter 5014923.
Certificate of Compliance Renewal Application for the HI- ML21113A203.
STORM 100 Dry Storage System: Certificate of Compliance
No. 1014, Docket Number 72-1014.
----------------------------------------------------------------------------------------------------------------
Holtec International, HI-STORM 100 Final Safety Analysis Reports
----------------------------------------------------------------------------------------------------------------
``Final Safety Analysis Report for the HI-STORM 100 Cask ML19150A405.
System.'' HI-2002444, Revision 18. (non-proprietary) (May
2019).
``Final Safety Analysis Report for the HI-STORM 100 Cask ML20121A317.
System.'' HI-2002444, Revision 19. (non-proprietary)
(April 2020).
``Final Safety Analysis Report for the HI-STORM 100 Cask ML20167A018.
System.'' HI-2002444, Revision 20. (non-proprietary) (June
2020).
----------------------------------------------------------------------------------------------------------------
Other Documents
----------------------------------------------------------------------------------------------------------------
``Standard Review Plan for Renewal of Specific Licenses and ML16179A148.
Certificates of Compliance for Dry Storage of Spent
Nuclear Fuel.'' NUREG-1927, Revision 1. Washington, DC.
June 2016.
``Managing Aging Processes in Storage (MAPS) Report.'' ML19214A111.
Final Report. NUREG-2214. Washington, DC. July 2019.
[[Page 9116]]
``General License for Storage of Spent Fuel at Power 55 FR 29181.
Reactor Sites'' (July 18, 1990).
``List of Approved Spent Fuel Storage Casks: Holtec HI- 65 FR 25241.
STORM 100 Addition'' (May 1, 2000).
``License and Certificate of Compliance Terms'' (February 76 FR 8872.
16, 2011).
``Agreement State Program Policy Statement; Correction'' 82 FR 48535.
(October 18, 2017).
Nuclear Energy Institute NEI 14-03, Revision 2, ``Format, ML16356A210.
Content and Implementation Guidance for Dry Cask Storage
Operations-Based Aging Management,'' (2016).
Regulatory Guide 3.76, Revision 0, ``Implementation of ML21098A022.
Aging Management Requirements for Spent Fuel Storage
Renewals.'' July 2021.
----------------------------------------------------------------------------------------------------------------
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-2022-0109.
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. 1014 to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000, superseded by
Renewed Initial Certificate Effective Date: May 1, 2023.
Amendment Number 1 Effective Date: July 15, 2002, superseded by
Renewed Amendment Number 1 Effective Date: May 1, 2023.
Amendment Number 2 Effective Date: June 7, 2005, superseded by
Renewed Amendment Number 2 Effective Date: May 1, 2023.
Amendment Number 3 Effective Date: May 29, 2007, superseded by
Renewed Amendment Number 3 Effective Date: May 1, 2023.
Amendment Number 4 Effective Date: January 8, 2008, superseded by
Renewed Amendment Number 4 Effective Date: May 1, 2023.
Amendment Number 5 Effective Date: July 14, 2008, superseded by
Renewed Amendment Number 5 Effective Date: May 1, 2023.
Amendment Number 6 Effective Date: August 17, 2009, superseded by
Renewed Amendment Number 6 Effective Date: May 1, 2023.
Amendment Number 7 Effective Date: December 28, 2009, superseded by
Renewed Amendment Number 7 Effective Date: May 1, 2023.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Amendment Number 8, Revision 1, Effective Date: February 16, 2016;
superseded by Renewed Amendment Number 8, Revision 1 Effective Date:
May 1, 2023.
Amendment Number 9 Effective Date: March 11, 2014; superseded by
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as
corrected on August 25, 2017 (ADAMS Accession No. ML17236A451);
superseded by Renewed Amendment Number 9, Revision 1 Effective Date:
May 1, 2023.
Amendment Number 10 Effective Date: May 31, 2016, as corrected on
August 25, 2017 (ADAMS Accession No. ML17236A452); superseded by
Renewed Amendment Number 10 Effective Date: May 1, 2023.
Amendment Number 11 Effective Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024); superseded by Renewed Amendment
Number 11 Effective Date: May 1, 2023.
Amendment Number 12 Effective Date: February 25, 2019, as corrected
on May 30, 2019 (ADAMS Accession No. ML19109A111); further corrected
December 23, 2019 (ADAMS Accession No. ML19343A908); superseded by
Renewed Amendment Number 12 Effective Date: May 1, 2023.
Amendment Number 13 Effective Date: May 13, 2019, as corrected on
May 30, 2019 (ADAMS Accession No. ML19109A122); further corrected
December 23, 2019 (ADAMS Accession No. ML19343B156); superseded by
Renewed Amendment Number 13 Effective Date: May 1, 2023.
Amendment Number 14 Effective Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287); superseded by Renewed Amendment
Number 14 Effective Date: May 1, 2023.
Amendment Number 15 Effective Date: June 14, 2021, superseded by
Renewed Amendment Number 15 Effective Date: May 1, 2023.
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.
Renewed Certificate Expiration Date: May 31, 2060.
Model Number: HI-STORM 100.
* * * * *
Dated: January 31, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-03002 Filed 2-10-23; 8:45 am]
BILLING CODE 7590-01-P
