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; Correction, 42587-42592 [2023-13992]
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Rules and Regulations
Federal Register
Vol. 88, No. 126
Monday, July 3, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–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; Correction
Nuclear Regulatory
Commission.
ACTION: Direct final rule; correction and
announcement of effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is correcting and
announcing the effective date for the
direct final rule that was published in
the Federal Register on February 13,
2023. The direct final rule renews the
initial certificate (Amendment 0) and
Amendment Nos. 1 through 15 of the
Holtec International HI–STORM 100
Certificate of Compliance No. 1014 for
40 years and 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:
The effective date of the direct
final rule published February 13, 2023
(88 FR 9106), which was delayed
indefinitely on April 26, 2023 (88 FR
25271), is August 2, 2023, and the
correction set out at the end of this
document is effective August 2, 2023.
ADDRESSES: 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
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DATES:
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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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, 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
a.m. and 4 p.m. eastern time, Monday
through Friday, except Federal holidays.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room P1–B35, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Kristina Banovac, Office of Nuclear
Materials Safety and Safeguards,
telephone: 301–415–7116, email:
Kristina.Banovac@nrc.gov and James
Firth, Office of Nuclear Materials 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.
SUPPLEMENTARY INFORMATION:
I. Discussion
On February 13, 2023 (88 FR 9106),
the NRC published a direct final rule
amending its regulations in part 72 of
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title 10 of the Code of Federal
Regulations (10 CFR) to revise the
Holtec International HI–STORM 100
Cask System listing within the ‘‘List of
approved spent fuel storage casks’’ to
renew the initial certificate
(Amendment No. 0) and Amendment
Nos. 1 through 15 to Certificate of
Compliance No. 1014. The renewal of
the initial certificate and Amendment
Nos. 1 through 15 for 40 years revised
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.
In the direct final rule, published on
February 13, 2023, the NRC stated that
if no significant adverse comments were
received, the direct final rule would
become effective on May 1, 2023. The
comment period closed on March 15,
2023; however, on March 22, 2023, in
response to requests for an extension of
the public comment period, the NRC
reopened the public comment period to
allow the public more time to comment
on the action (88 FR 17164). The reopened comment period closed on April
14, 2023. On April 26, 2023 (88 FR
25271), the NRC published a document
that indefinitely delayed the effective
date of the direct final rule to provide
the NRC staff sufficient time to evaluate
and respond to public comments.
The NRC received eight comment
submissions on the companion
proposed rule published on February
13, 2023 (88 FR 9195). The comments
were submitted by four individuals, and
a joint comment was provided on behalf
of five nongovernmental organizations.
An electronic copy of the comment
submissions can be obtained from the
Federal rulemaking website https://
www.regulations.gov under Docket ID
NRC–2022–0109. The comments are
also available in ADAMS using the
Accession numbers shown in the table
in the ‘‘Availability of Documents’’
section of this document.
The NRC binned the comments by
topic and evaluated the comments using
the criteria stated in the direct final rule.
The NRC is providing a response to the
comments in section II. of this
document, ‘‘Public Comment
Responses.’’ Some comments were not
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unique to this action, in that they raised
issues the NRC has addressed in
previous spent fuel storage actions, (e.g.,
guidance for evaluating the aging
management programs). Other
comments were on topics that are
outside of the scope of this rulemaking,
such as transportation, cask design
bases, and storage at a consolidated
interim storage facility. In addition,
some comments pertain to the
regulations in 10 CFR part 72 rather
than the safety of the Holtec
International HI–STORM 100 Cask
System design and are also outside of
the scope of this rulemaking.
For ease of reference, the criteria for
a significant adverse comment are
repeated here:
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.
The NRC evaluated the comments
against these criteria and determined
that the public comments received on
this action did not warrant any
additions or changes (other than
editorial) to the final rule, the
certificates of compliance, or the
accompanying technical specifications.
The NRC is not making substantive
changes to the rule; it is apparent that
the rule is effective and acceptable as
proposed, without the need for a
substantive change or addition. The
comments did not raise a relevant issue
that was not previously addressed or
considered by the NRC, and the
comments did not cause the NRC to
either: (1) reevaluate or reconsider its
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position, or (2) conduct additional
analyses.
The NRC has determined that none of
the comments were significant adverse
comments. Therefore, the NRC is
correcting and confirming the direct
final rule amending the listing for
Certificate of Compliance No. 1014, the
Holtec International HI–STORM 100
Cask System design, to renew the NRC’s
approval of the certificate of compliance
and is announcing the effective date.
II. Public Comment Responses
Comment: The joint comment raised
concerns regarding the transport of
storage canisters under 10 CFR part 71.
Response: This rulemaking only
applies to the use of the Holtec
International HI–STORM 100 Cask
System design in an independent spent
fuel storage installation at power reactor
sites. The use of a component of the
Holtec International HI–STORM 100
Cask System design—the multi-purpose
canister—in transportation, would fall
under NRC’s regulations in 10 CFR part
71, which is outside of the scope of this
rulemaking. Allowing the Holtec
International HI–STORM 100 Cask
System design to be used for the storage
of spent fuel under the general license
issued by 10 CFR 72.210 neither affects
nor contributes to the evaluation of its
use during transportation.
Comment: The joint comment resubmitted a comment that had
previously been submitted to the NRC
on the Interim Storage Partners
Consolidated Interim Storage Facility
Project Draft Environmental Impact
Statement regarding the need to
consider the foreseeable environmental
impacts of the entire project, including
transporting spent nuclear fuel to and
from the proposed Consolidated Interim
Storage Facility in Texas.
Response: This rulemaking action
only approves the use of the Holtec
International HI–STORM 100 Cask
System design under the renewed
Certificate of Compliance No. 1014 for
the initial certificate (Amendment No.
0) and Amendment Nos. 1 through 15
under the general license issued by 10
CFR 72.210, which involves the storage
of spent nuclear fuel in an independent
spent fuel storage installation at power
reactor sites. This does not include the
use of the Holtec International HI–
STORM 100 Cask System design at a
consolidated interim storage facility.
This comment is outside the scope of
this rulemaking. Additionally, the use of
a Holtec International HI–STORM 100
Cask System design at a consolidated
interim storage facility would be
authorized under a specific license and,
before such approval would be granted,
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there would be an opportunity to
request a hearing and to petition to
intervene.
Comment: Three comments raised
concerns regarding the design bases for
the Holtec International HI–STORM 100
Cask System design.
Response: Pursuant to 10 CFR part 72,
the design bases for a cask system
design include reference bounds for the
design and analyses of postulated
accidents caused by severe natural
events and severe human-induced
events. The renewal of the Holtec
International HI–STORM 100 Cask
System design does not involve
reevaluation of the approved design
bases, changes to the approved design
bases, nor changes to the fabrication of
the cask system. Rather, the renewal
requires aging management programs to
ensure that structures, systems, and
components important to safety will
continue to perform their intended
functions, as designed, during the
period of extended operation, thus
maintaining the approved design bases
during the period of extended operation.
The issue of approved design bases is
outside of the scope of this rulemaking.
Comment: The joint comment
objected to the use of the direct final
rule process by the NRC and requested
the NRC withdraw the direct final rule.
The comment stated that the direct final
rule process was not appropriate
because the rule appears to be
controversial and because the process
appears to violate the National
Environmental Policy Act of 1969 and
the Administrative Procedure Act
(APA). The comment noted that the
direct final rule does not fall within the
good cause exception in 10 CFR
2.804(d).
Response: The NRC disagrees with
this comment. Direct final rulemaking 1
is a process for expediting the issuance
of noncontroversial rules and is a
variation on section 553 notice-andcomment rulemaking under the APA.
The NRC issued a direct final rule and
a companion proposed rule in the same
issue of the Federal Register and
requested public comment. In the NRC’s
description of the direct final
rulemaking process, the NRC explains
that a direct final rule, while not
explicitly delineated by the APA, does
comply with the APA and includes all
of the essential elements of rulemaking
required by the APA. In this
rulemaking, the NRC has provided
1 The Administrative Conference of the United
States (ACUS) has endorsed the use of the direct
final rule process as a means for expediting
rulemaking (see ACUS Recommendation 95–4,
‘‘Procedures for Non-Controversial and Expedited
Rulemaking’’ (60 FR 43110; August 18, 1995)).
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notice and opportunity for comment; a
statement of basis and purpose; and
publication of the rule not less than 30
days prior to its effective date (see,
https://www.nrc.gov/about-nrc/
regulatory/rulemaking/rulemakingprocess/direct-final-rule.html).
The NRC’s requirements at 10 CFR
part 72 currently list 15 approved
certificates of compliance for spent fuel
storage casks. NRC has conducted
rulemaking to renew six of these
certificates of compliance. All six
certificate of compliance renewals
included aging management programs
and involved 40-year terms. The Agency
considers these prior rulemaking actions
to be non-controversial because the NRC
either did not receive any comments
opposing the renewals or did not
receive any significant adverse
comments. The NRC’s decision to use
the direct final rulemaking process for
the renewal of Certificate of Compliance
No. 1014 (Holtec International HI–
STORM 100 Cask System design) was
based on this experience.
Additionally, this rulemaking did
adhere to the requirements of the
National Environmental Policy Act of
1969. In the direct final rule, the NRC
published an environmental assessment
and a final finding of no significant
impact. The NRC previously considered
the impacts from the continued storage
of spent fuel, including in the Generic
Environmental Impact Statement for
Continued Storage of Spent Nuclear
Fuel: Final Report (NUREG–2157,
Volumes 1 and 2) (2014).
Comment: One commenter requested
the NRC make all the renewed
amendments expire on the same day.
The commenter noted the expiration
dates for the early certificates (i.e., the
initial certificate (Amendment No. 0)
and Amendment Nos. 1 through 6) have
an expiration date of June 1, 2020;
however, the later Amendment
certificates have an expiration date of
May 31, 2020.
Response: The NRC agrees with this
comment regarding an editorial issue.
This change has no substantive effect on
the requirements; because this comment
is limited to editorial changes that do
not affect the renewal of the certificate
of compliance, it is not considered to be
a significant adverse comment. The NRC
has made editorial corrections to the
certificates of compliance in response to
this comment.
Comment: The NRC received two
comments on the topic of NRC’s generic
technical basis for canister cracking, the
canister aging management program,
and the need for periodic reviews and
updates to the aging management
programs based on new information
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from research and operating experience.
The NRC also received a comment
stating that NRC should track the U.S.
Department of Energy’s (DOE’s) research
efforts in this area and that the DOE’s
ongoing research does not support the
NRC conclusions in its Safety
Evaluation Report. This comment also
noted that comparing the applicant’s
aging management program elements to
program elements developed by
industry does not constitute sufficient
due diligence by NRC.
Response: The NRC previously
considered and addressed these
concerns during the development of its
general technical basis for canister aging
management. The NRC established a
generic technical basis for the safety
review of storage renewal applications
through guidance in NUREG–2214,
‘‘Managing Aging Processes in Storage
(MAPS) Report.’’ NUREG–2214
establishes a generic technical basis in
terms of the evaluation of (1) aging
mechanisms and effects that could affect
the ability of structures, systems, and
components important to safety to fulfill
their safety functions in the period of
extended operation (i.e., credible aging
mechanisms and effects) and (2) aging
management approaches to address
credible aging effects, including
examples of aging management
programs that are considered generically
acceptable to address the credible aging
effects to ensure that the design bases
will be maintained in the period of
extended operation.
The NRC sought public input during
development of NUREG–2214 and
related guidance. The NRC responded to
the public comments on the draft
guidance and finalized the guidance
after considering the comments
provided by the public. The NRC issued
its responses at the time it announced
the issuance of NUREG–2214 (84 FR
39022; August 8, 2019), NUREG–1927,
Revision 1, ‘‘Standard Review Plan for
Renewal of Specific Licenses and
Certificates of Compliance for Dry
Storage of Spent Nuclear Fuel’’ (81 FR
44054; July 6, 2016), and NUREG–2224,
‘‘Dry Storage and Transportation of High
Burnup Spent Nuclear Fuel’’ (85 FR
77267; December 1, 2020). The
comments submitted on this rulemaking
did not provide new information that
was not previously considered during
the development of this NRC guidance.
The NRC disagrees with the
commenter’s assertion about the
significance of ongoing research and the
extent to which it supports or
contradicts NRC staff conclusions. This
ongoing research is compatible with the
NRC’s conclusions in the NRC’s Safety
Evaluation Report. The NRC has
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conducted and continues to conduct
research associated with stress corrosion
cracking and coordinates its research
efforts with DOE in this area. In
addition, the NRC collaborates with
DOE and national counterparts,
consensus committees, industry, and
international partners to share research,
knowledge, and operating experience
related to degradation and aging of cask
systems. The NRC considers this pool of
information in its regulatory framework
for spent fuel storage.
The NRC recognizes that there will be
new information gained in the period of
extended operation, including operating
experience and findings from research
and development. Therefore, as
described in NUREG–1927, NUREG–
2214, and Regulatory Guide 3.76,
‘‘Implementation of Aging Management
Requirements for Spent Fuel Storage
Renewals’’ (86 FR 38506; July 21, 2021),
aging management programs include
learning aspects designed to
appropriately address and respond to
new information. These learning
programmatic features are called
‘‘tollgates,’’ which offer a structured
approach for: (1) periodically reviewing
site-specific and industrywide operating
experience and data from applicable
research and industry initiatives at
specific times during the period of
extended operation; and (2) performing
a safety assessment that confirms the
program’s effectiveness or otherwise
identifies a need to enhance or modify
the program in a timely manner to
address any emerging aging issues.
As aging management inspections of
canisters are performed at independent
spent fuel storage installations,
licensees and certificate of compliance
holders will upload the inspection
results to the Independent Spent Fuel
Storage Installation Aging Management
Institute of Nuclear Power Operations
Database (AMID), and this operating
experience will be shared across the
industry through licensee access to this
database by the independent spent fuel
storage installation sites and by
certificate of compliance holders. The
implementation of tollgate assessments
and use of AMID provides reasonable
assurance that the aging management
programs will continue to effectively
manage aging effects during the period
of extended operation.
The NRC disagrees with the
commenter’s statement regarding the
comparison of the applicant’s aging
management program elements to
program elements developed by
industry. During the NRC’s review of
Holtec International’s renewal
application for the HI–STORM 100 Cask
System design, the NRC evaluated
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Holtec International’s technical basis for
its aging management review and aging
management programs and compared it
to the generic technical basis in
NUREG–2214. The generic technical
basis in NUREG–2214 was developed by
the NRC, not by the industry. The
guidance in NUREG–2214 provides
examples of aging management
programs that are considered generically
acceptable to address the credible aging
mechanisms evaluated in the guidance
to ensure that the design bases of the
cask system will be maintained in the
period of extended operation. The NRC
found the Holtec International aging
management program acceptable. The
NRC Safety Evaluation Report
documents the consistency between the
applicant’s canister aging management
program and the NUREG–2214 canister
aging management program.
Comment: The NRC received two
comments regarding scratching and
cracking of canisters. The first comment,
from the joint comments, stated that
NRC has not reviewed the long-term
impact of the scraping, gouging, and
scratching of canisters when they are
loaded into the casks, including the
potential for increased and accelerated
corrosion. The second comment noted
that the Holtec International HI–STORM
100 Cask System design above ground
system may cause canisters to scratch
and scrape against the carbon steel
vertical channels in the overpack cask,
leading to potential initiation of
carbon-induced pit corrosion cracking
and a serious accelerated canister
degradation condition.
Response: The comments on the topic
of scratching and cracking of canisters
do not introduce new information that
was not already considered during the
NRC’s development of NUREG–2214
and during the review of Holtec
International’s renewal application for
the Holtec HI–STORM 100 Cask System
design. Welded stainless steel dry
storage canisters, like those used in the
HI–STORM 100 Cask System design,
may contact dissimilar metal surfaces,
and may get scraped, scratched, or
gouged during handling and loading
into the storage overpack. During the
development of NUREG–2214, the NRC
considered these potential effects and
the potential for handling practices to
result in the contact and transfer of
carbon steel onto the surface of the
stainless-steel canister.
NUREG–2214 identifies stress
corrosion cracking as a credible aging
effect for canisters and includes an
aging management program for canisters
to identify and manage localized
corrosion (a potential precursor to stress
corrosion cracking) and stress corrosion
cracking. NUREG–2214 notes the
potential for handling practices to result
in contact and transfer of iron (i.e.,
carbon steel) onto the stainless-steel
canister surface, which can create
localized corrosion. The NUREG–2214
canister aging management program
addresses aging effects and provides
reasonable assurance that aging
associated with any initial defects,
scrapes, or effects of dissimilar materials
being in contact will not compromise
the intended functions of the canister
during the period of extended operation.
NUREG–2214 provides examples of
aging management programs that the
NRC considers as being generically
acceptable to address those credible
aging mechanisms evaluated in the
guidance to ensure that the design bases
of dry storage systems will be
maintained. In its review of the renewal
application for the Holtec International
HI–STORM 100 Cask System design, the
NRC staff evaluated Holtec
International’s technical basis for its
aging management review and aging
management programs for the Holtec
International HI–STORM 100 Cask
System design and compared it to the
generic technical basis in NUREG–2214.
The NRC Safety Evaluation Report
documents the consistency between the
applicant’s canister aging management
program and the NUREG–2214 canister
aging management program. Consistent
with the NUREG–2214 canister aging
management program, the Holtec
International HI–STORM 100 Cask
System design canister aging
management program includes
inspections of canister surfaces to
identify the presence of red-orange
corrosion deposits that may indicate
iron transfer onto the stainless-steel
canister surface. Any areas of corrosion
that are found and identified are subject
to additional examination and
evaluation.
Additionally, the Holtec International
HI–STORM 100 Cask System design
canister aging management program
includes criteria to inspect those
canisters that are most susceptible to
degradation. The aging management
program for the Holtec International HI–
STORM 100 Cask System design
considers the susceptibility criteria in
Electric Power Research Institute (EPRI)
TR–3002005371, ‘‘Susceptibility
Assessment Criteria for ChlorideInduced Stress Corrosion Cracking
(CISCC) of Welded Stainless-Steel
Canisters for Dry Cask Storage Systems’’
(referenced also in NUREG–2214). The
EPRI report identifies areas of
‘‘mechanical damage (e.g., gouges)’’ and
‘‘scraping during handling’’ as being the
most susceptible to aging. The concerns
expressed in the comments (i.e., longterm effects of any scraping, gouging,
and scratching of canisters or contact
between dissimilar materials when
canisters are loaded into the storage
overpack including the potential for
increased and accelerated corrosion) are
addressed in the canister aging
management program.
Comment: The joint comment
expressed concern with radiation effects
and dose limits.
Response: This comment raises issues
that are outside of the scope of this
rulemaking. The NRC establishes safety
standards for protection against
radiation, including public dose limits,
in 10 CFR part 20, ‘‘Standards for
Protection against Radiation.’’ The
regulations in 10 CFR part 72 also
include dose limits for spent fuel
storage. The current requirements in 10
CFR parts 20 and 72 are protective of
public health and safety and the
environment.
III. Availability of Documents
The documents identified in this table
are available to interested persons
through one or more of the following
methods, as indicated.
Adams Accession No./Federal
Register citation
Document
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Renewed Certificate of Compliance No. 1014, HI–STORM 100 Cask System Design
Renewal of Certificate of Compliance No. 1014, HI–STORM 100 Cask System. (Includes Renewed Certificates of Compliance; Approved Contents and Design Features; Technical Specifications; and Final Safety Evaluation Report).
Final Safety Evaluation Report for the HI–STORM 100 Cask System: Certificate of Compliance No. 1014
Renewal, Docket No. 72–1014.
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42591
Adams Accession No./Federal
Register citation
Document
Rulemaking Documents
‘‘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.’’ Direct final
rule. (Includes environmental assessment and final finding of no significant impact) (February 13, 2023).
‘‘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.’’ Proposed
rule. (February 13, 2023).
‘‘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;’’ Proposed
rule; Reopening of comment period. (March 22, 2023).
‘‘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; Delay of Effective Date.’’ Direct final rule; Delay of effective date. (April 26, 2027).
Comment (001) from Brian Gutherman on PR–72—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.
Comment (002) from Renante Baniaga on PR–72—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.
Comment (003) from Michael Ford on PR–72—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.
Comment (004) from Kalene Walker on PR–72—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.
Comment Period Extension Request from Nuclear Information and Resource Service, et al. on PR–72—
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.
Comment (005) from Nuclear Information and Resource Service, et al. on PR–72—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.
Comment (006) from Michael Ford on PR–72—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.
Comment (007) from Kalene Walker on PR–72—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.
88 FR 9106.
88 FR 9195.
88 FR 17164.
88 FR 25271.
ML23046A406.
ML23046A407.
ML23073A116.
ML23075A156.
ML23073A095.
ML23107A144.
ML23108A278.
ML23108A279.
Environmental Documents
Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report
(NUREG–2157, Volumes 1 and 2) (2014).
ML14198A440 (package).
Other Documents
lotter on DSK11XQN23PROD with RULES1
ACUS Recommendation 95–4, ‘‘Procedures for Non-Controversial and Expedited Rulemaking’’ (August 18,
1995).
‘‘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..
NUREG–2224, ‘‘Dry Storage and Transportation of High Burnup Spent Nuclear Fuel’’ (November 2020) .....
‘‘Implementation of Aging Management Requirements for Spent Fuel Storage Renewals.’’ Regulatory
Guide; Issuance (July 21, 2021).
Regulatory Guide 3.76, Revision 0, ‘‘Implementation of Aging Management Requirements for Spent Fuel
Storage Renewals.’’ July 2021.
‘‘Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of
Spent Nuclear Fuel.’’ NUREG; Issuance. (July 6, 2016).
‘‘Managing Aging Processes in Storage (MAPS) Report.’’ NUREG; Issuance. (August 8, 2019) ...................
‘‘Dry Storage and Transportation of High Burnup Spent Nuclear Fuel.’’ NUREG; Issuance. (December 1,
2020).
EPRI TR–3002005371, ‘‘Susceptibility Assessment Criteria for Chloride-Induced Stress Corrosion Cracking
(CISCC) of Welded Stainless-Steel Canisters for Dry Cask Storage Systems’’ (September 18, 2015).
‘‘Direct Final Rule’’ .............................................................................................................................................
The direct final rule published on
February 13, 2023 (88 FR 9106), which
was delayed indefinitely on April 26,
VerDate Sep<11>2014
17:48 Jun 30, 2023
Jkt 259001
2023 (88 FR 25271), is confirmed. The
direct final rule is effective on August
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
60 FR 43110.
ML16179A148.
ML19214A111.
ML20191A321.
86 FR 38506.
ML21098A022.
81 FR 44054.
84 FR 39022.
85 FR 77267.
https://www.epri.com/research/
products/3002005371.
https://www.nrc.gov/about-nrc/
regulatory/rulemaking/
rulemaking-process/
direct-final-rule.html.
2, 2023, and the following correction is
effective August 2, 2023.
E:\FR\FM\03JYR1.SGM
03JYR1
42592
Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules and Regulations
Correction of Direct Final Rule
In FR 2023–03002, published at 88 FR
9106 on February 13, 2023, on page
9116, in the second and third columns,
remove the date ‘‘May 1, 2023’’
wherever it appears and add ‘‘August 2,
2023’’ in its place.
■
Dated: June 27, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023–13992 Filed 6–30–23; 8:45 am]
BILLING CODE 7590–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 128 and 134
RIN 3245–AH69
Veteran-Owned Small Business and
Service-Disabled, Veteran-Owned
Small Business—Certification;
Correction
U.S. Small Business
Administration.
ACTION: Correcting amendments.
AGENCY:
The U.S. Small Business
Administration (SBA) is correcting a
final rule that was published in the
Federal Register on November 29, 2022.
The rule implemented a statutory
requirement to certify Veteran-Owned
Small Business Concerns and ServiceDisabled Veteran-Owned Small
Business Concerns participating in the
Veteran-Owned Small Business Federal
Contracting Program. This document is
making a correction to the final
regulations.
DATES: This final rule is effective on July
3, 2023.
FOR FURTHER INFORMATION CONTACT: Ed
Bender, U.S. Small Business
Administration, Office of General
Counsel, 409 Third Street SW,
Washington, DC 20416; (202) 205–6455;
Edmund.bender@sba.gov.
SUPPLEMENTARY INFORMATION: On
November 29, 2022, SBA amended its
regulations to establish a certification
program for Veteran-Owned Small
Businesses (VOSB) and ServiceDisabled Veteran-Owned Small
Businesses (SDVOSB) to implement
section 862 of the National Defense
Authorization Act for Fiscal Year 2021,
Public Law 116–283, 128 Stat. 3292
(January 1, 2021). 87 FR 73400. This
document is making the following
corrections to the final regulations:
In the final rule at § 128.102, SBA
incorrectly defined ‘‘Applicant’’ and
‘‘Service-disabled veteran.’’ The
definition of ‘‘Applicant’’ is revised to
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:10 Jun 30, 2023
Jkt 259001
reference Veteran Small Business
Certification Program (VetCert) instead
of the SBA’s self-certification program
and removes ‘‘or a valid disability
determination from the Department of
Defense’’ as proof of service-disabled
veteran status from the definition of
‘‘Service-disabled veteran.’’ By law,
SBA is required to verify the status of
a veteran or service-disabled veteran
with the Department of Veteran Affairs
and cannot accept documentation from
the Department of Defense as evidence
of service-disabled veteran status.
The final rule at § 128.302(c)
establishes that SBA may request
additional documentation at any time
during the eligibility determination
process and that an applicant’s failure to
respond is grounds for denial. If SBA
requests additional documentation
which the applicant fails to submit in a
timely manner or the information is
incomplete, that applicant has not met
its burden of proof. SBA inadvertently
omitted the process by which SBA may
deny certification. In such cases, SBA
may make an adverse inference that
missing information would result in a
finding of ineligibility and may deny
certification. While adverse inference is
currently used by VetCert and SBA’s
other contracting certification programs,
the final rule failed to adequately
describe the process in § 128.302(c).
SBA amends § 128.401(a) to clarify
that a firm must be certified at the time
of offer on a VOSB or SDVOSB contract.
SBA also corrects internal citations in
the joint venture regulations at
§ 128.402 including paragraph (c)(7);
paragraph (e)(2)(i)(B); paragraph (i)(2);
and paragraph (j)(1), (2), and (3). SBA
also revises § 128.402(d)(2) to correct a
formatting issue with the word
‘‘prote´ge´.’’
The final rule also amended part 134,
subpart J, so that all VOSB and SDVOSB
status protests are heard by SBA’s Office
of Hearing and Appeals (OHA). This
correction makes several revisions to
subpart J. First, § 134.1005(a)(2) failed to
include a sentence which addresses
specificity requirements that is included
in other SBA contracting programs and
previously used by SBA’s SDVOSB selfcertification program in part 125. This
rule adds back that omitted sentence to
§ 134.1005(a)(2). Second, the final rule
inadvertently retained language from
previous versions of § 134.1007(j)(1) and
(2). SBA corrects § 134.1007(j)(1) to
remove references to the outdated
process for VOSB and SDVOSB status
protests. SBA also amends the effects of
a decision in § 134.1007(j)(2) because
the final rule included the previous
approach used for OHA appeals of VA
contracts. This approach is contrary to
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
SBA’s other contracting programs and
inconsistent with SBA’s intent for
VetCert status protest. Accordingly,
§ 134.1007(j)(2) is amended so that,
when an ineligible firm has been
awarded a contract, the agency shall
terminate the contract unless the
contracting officer has made a written
determination that termination is not in
the best interests of the Government.
List of Subjects
13 CFR Part 128
Government contracts, Government
procurement, Reporting and
recordkeeping requirements, Small
businesses, Technical assistance,
Veterans.
13 CFR Part 134
Administrative practice and
procedure.
Accordingly, 13 CFR parts 128 and
134 are corrected by making the
following correcting amendments:
PART 128—VETERAN SMALL
BUSINESS CERTIFICATION PROGRAM
1. The authority citation for part 128
continues to read as follows:
■
Authority: 15 U.S.C. 632(q), 634(b)(6), 644,
645, 657f, 657f–1.
2. Amend § 128.102 by revising the
definitions of ‘‘Applicant’’ and
‘‘Service-disabled veteran’’ to read as
follows:
■
§ 128.102 What definitions are important in
the Veteran Small Business Certification
Program?
Applicant means a firm applying for
certification in the Veteran Small
Business Certification Program.
*
*
*
*
*
Service-disabled veteran means a
veteran who is registered in the
Beneficiary Identification and Records
Locator Subsystem or successor system,
maintained by Department of Veterans
Affairs’ Veterans Benefits
Administration as a service-disabled
veteran.
*
*
*
*
*
■ 3. Amend § 128.302 by adding a
sentence to the end of paragraph (c) to
read as follows:
§ 128.302 How does SBA process
applications for certification?
*
*
*
*
*
(c) * * * If an Applicant does not
provide requested information within
the allotted time provided by SBA, or if
it submits incomplete information, SBA
may draw an adverse inference and
presume that the information that the
Applicant failed to provide would
E:\FR\FM\03JYR1.SGM
03JYR1
]]>Agencies
[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42587-42592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13992]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Rules
and Regulations
[[Page 42587]]
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; Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; correction and announcement of effective
date.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting and
announcing the effective date for the direct final rule that was
published in the Federal Register on February 13, 2023. The direct
final rule renews the initial certificate (Amendment 0) and Amendment
Nos. 1 through 15 of the Holtec International HI-STORM 100 Certificate
of Compliance No. 1014 for 40 years and 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: The effective date of the direct final rule published February
13, 2023 (88 FR 9106), which was delayed indefinitely on April 26, 2023
(88 FR 25271), is August 2, 2023, and the correction set out at the end
of this document is effective August 2, 2023.
ADDRESSES: 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, at 301-415-4737,
or by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, 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
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room P1-B35, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Kristina Banovac, Office of Nuclear
Materials Safety and Safeguards, telephone: 301-415-7116, email:
[email protected] and James Firth, Office of Nuclear Materials
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:
I. Discussion
On February 13, 2023 (88 FR 9106), the NRC published a direct final
rule amending its regulations in part 72 of title 10 of the Code of
Federal Regulations (10 CFR) to revise the Holtec International HI-
STORM 100 Cask System listing within the ``List of approved spent fuel
storage casks'' to renew the initial certificate (Amendment No. 0) and
Amendment Nos. 1 through 15 to Certificate of Compliance No. 1014. The
renewal of the initial certificate and Amendment Nos. 1 through 15 for
40 years revised 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.
In the direct final rule, published on February 13, 2023, the NRC
stated that if no significant adverse comments were received, the
direct final rule would become effective on May 1, 2023. The comment
period closed on March 15, 2023; however, on March 22, 2023, in
response to requests for an extension of the public comment period, the
NRC reopened the public comment period to allow the public more time to
comment on the action (88 FR 17164). The re-opened comment period
closed on April 14, 2023. On April 26, 2023 (88 FR 25271), the NRC
published a document that indefinitely delayed the effective date of
the direct final rule to provide the NRC staff sufficient time to
evaluate and respond to public comments.
The NRC received eight comment submissions on the companion
proposed rule published on February 13, 2023 (88 FR 9195). The comments
were submitted by four individuals, and a joint comment was provided on
behalf of five nongovernmental organizations. An electronic copy of the
comment submissions can be obtained from the Federal rulemaking website
https://www.regulations.gov under Docket ID NRC-2022-0109. The comments
are also available in ADAMS using the Accession numbers shown in the
table in the ``Availability of Documents'' section of this document.
The NRC binned the comments by topic and evaluated the comments
using the criteria stated in the direct final rule. The NRC is
providing a response to the comments in section II. of this document,
``Public Comment Responses.'' Some comments were not
[[Page 42588]]
unique to this action, in that they raised issues the NRC has addressed
in previous spent fuel storage actions, (e.g., guidance for evaluating
the aging management programs). Other comments were on topics that are
outside of the scope of this rulemaking, such as transportation, cask
design bases, and storage at a consolidated interim storage facility.
In addition, some comments pertain to the regulations in 10 CFR part 72
rather than the safety of the Holtec International HI-STORM 100 Cask
System design and are also outside of the scope of this rulemaking.
For ease of reference, the criteria for a significant adverse
comment are repeated here:
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.
The NRC evaluated the comments against these criteria and
determined that the public comments received on this action did not
warrant any additions or changes (other than editorial) to the final
rule, the certificates of compliance, or the accompanying technical
specifications. The NRC is not making substantive changes to the rule;
it is apparent that the rule is effective and acceptable as proposed,
without the need for a substantive change or addition. The comments did
not raise a relevant issue that was not previously addressed or
considered by the NRC, and the comments did not cause the NRC to
either: (1) reevaluate or reconsider its position, or (2) conduct
additional analyses.
The NRC has determined that none of the comments were significant
adverse comments. Therefore, the NRC is correcting and confirming the
direct final rule amending the listing for Certificate of Compliance
No. 1014, the Holtec International HI-STORM 100 Cask System design, to
renew the NRC's approval of the certificate of compliance and is
announcing the effective date.
II. Public Comment Responses
Comment: The joint comment raised concerns regarding the transport
of storage canisters under 10 CFR part 71.
Response: This rulemaking only applies to the use of the Holtec
International HI-STORM 100 Cask System design in an independent spent
fuel storage installation at power reactor sites. The use of a
component of the Holtec International HI-STORM 100 Cask System design--
the multi-purpose canister--in transportation, would fall under NRC's
regulations in 10 CFR part 71, which is outside of the scope of this
rulemaking. Allowing the Holtec International HI-STORM 100 Cask System
design to be used for the storage of spent fuel under the general
license issued by 10 CFR 72.210 neither affects nor contributes to the
evaluation of its use during transportation.
Comment: The joint comment re-submitted a comment that had
previously been submitted to the NRC on the Interim Storage Partners
Consolidated Interim Storage Facility Project Draft Environmental
Impact Statement regarding the need to consider the foreseeable
environmental impacts of the entire project, including transporting
spent nuclear fuel to and from the proposed Consolidated Interim
Storage Facility in Texas.
Response: This rulemaking action only approves the use of the
Holtec International HI-STORM 100 Cask System design under the renewed
Certificate of Compliance No. 1014 for the initial certificate
(Amendment No. 0) and Amendment Nos. 1 through 15 under the general
license issued by 10 CFR 72.210, which involves the storage of spent
nuclear fuel in an independent spent fuel storage installation at power
reactor sites. This does not include the use of the Holtec
International HI-STORM 100 Cask System design at a consolidated interim
storage facility. This comment is outside the scope of this rulemaking.
Additionally, the use of a Holtec International HI-STORM 100 Cask
System design at a consolidated interim storage facility would be
authorized under a specific license and, before such approval would be
granted, there would be an opportunity to request a hearing and to
petition to intervene.
Comment: Three comments raised concerns regarding the design bases
for the Holtec International HI-STORM 100 Cask System design.
Response: Pursuant to 10 CFR part 72, the design bases for a cask
system design include reference bounds for the design and analyses of
postulated accidents caused by severe natural events and severe human-
induced events. The renewal of the Holtec International HI-STORM 100
Cask System design does not involve reevaluation of the approved design
bases, changes to the approved design bases, nor changes to the
fabrication of the cask system. Rather, the renewal requires aging
management programs to ensure that structures, systems, and components
important to safety will continue to perform their intended functions,
as designed, during the period of extended operation, thus maintaining
the approved design bases during the period of extended operation. The
issue of approved design bases is outside of the scope of this
rulemaking.
Comment: The joint comment objected to the use of the direct final
rule process by the NRC and requested the NRC withdraw the direct final
rule. The comment stated that the direct final rule process was not
appropriate because the rule appears to be controversial and because
the process appears to violate the National Environmental Policy Act of
1969 and the Administrative Procedure Act (APA). The comment noted that
the direct final rule does not fall within the good cause exception in
10 CFR 2.804(d).
Response: The NRC disagrees with this comment. Direct final
rulemaking \1\ is a process for expediting the issuance of
noncontroversial rules and is a variation on section 553 notice-and-
comment rulemaking under the APA. The NRC issued a direct final rule
and a companion proposed rule in the same issue of the Federal Register
and requested public comment. In the NRC's description of the direct
final rulemaking process, the NRC explains that a direct final rule,
while not explicitly delineated by the APA, does comply with the APA
and includes all of the essential elements of rulemaking required by
the APA. In this rulemaking, the NRC has provided
[[Page 42589]]
notice and opportunity for comment; a statement of basis and purpose;
and publication of the rule not less than 30 days prior to its
effective date (see, https://www.nrc.gov/about-nrc/regulatory/rulemaking/rulemaking-process/direct-final-rule.html).
---------------------------------------------------------------------------
\1\ The Administrative Conference of the United States (ACUS)
has endorsed the use of the direct final rule process as a means for
expediting rulemaking (see ACUS Recommendation 95-4, ``Procedures
for Non-Controversial and Expedited Rulemaking'' (60 FR 43110;
August 18, 1995)).
---------------------------------------------------------------------------
The NRC's requirements at 10 CFR part 72 currently list 15 approved
certificates of compliance for spent fuel storage casks. NRC has
conducted rulemaking to renew six of these certificates of compliance.
All six certificate of compliance renewals included aging management
programs and involved 40-year terms. The Agency considers these prior
rulemaking actions to be non-controversial because the NRC either did
not receive any comments opposing the renewals or did not receive any
significant adverse comments. The NRC's decision to use the direct
final rulemaking process for the renewal of Certificate of Compliance
No. 1014 (Holtec International HI-STORM 100 Cask System design) was
based on this experience.
Additionally, this rulemaking did adhere to the requirements of the
National Environmental Policy Act of 1969. In the direct final rule,
the NRC published an environmental assessment and a final finding of no
significant impact. The NRC previously considered the impacts from the
continued storage of spent fuel, including in the Generic Environmental
Impact Statement for Continued Storage of Spent Nuclear Fuel: Final
Report (NUREG-2157, Volumes 1 and 2) (2014).
Comment: One commenter requested the NRC make all the renewed
amendments expire on the same day. The commenter noted the expiration
dates for the early certificates (i.e., the initial certificate
(Amendment No. 0) and Amendment Nos. 1 through 6) have an expiration
date of June 1, 2020; however, the later Amendment certificates have an
expiration date of May 31, 2020.
Response: The NRC agrees with this comment regarding an editorial
issue. This change has no substantive effect on the requirements;
because this comment is limited to editorial changes that do not affect
the renewal of the certificate of compliance, it is not considered to
be a significant adverse comment. The NRC has made editorial
corrections to the certificates of compliance in response to this
comment.
Comment: The NRC received two comments on the topic of NRC's
generic technical basis for canister cracking, the canister aging
management program, and the need for periodic reviews and updates to
the aging management programs based on new information from research
and operating experience. The NRC also received a comment stating that
NRC should track the U.S. Department of Energy's (DOE's) research
efforts in this area and that the DOE's ongoing research does not
support the NRC conclusions in its Safety Evaluation Report. This
comment also noted that comparing the applicant's aging management
program elements to program elements developed by industry does not
constitute sufficient due diligence by NRC.
Response: The NRC previously considered and addressed these
concerns during the development of its general technical basis for
canister aging management. The NRC established a generic technical
basis for the safety review of storage renewal applications through
guidance in NUREG-2214, ``Managing Aging Processes in Storage (MAPS)
Report.'' NUREG-2214 establishes a generic technical basis in terms of
the evaluation of (1) aging mechanisms and effects that could affect
the ability of structures, systems, and components important to safety
to fulfill their safety functions in the period of extended operation
(i.e., credible aging mechanisms and effects) and (2) aging management
approaches to address credible aging effects, including examples of
aging management programs that are considered generically acceptable to
address the credible aging effects to ensure that the design bases will
be maintained in the period of extended operation.
The NRC sought public input during development of NUREG-2214 and
related guidance. The NRC responded to the public comments on the draft
guidance and finalized the guidance after considering the comments
provided by the public. The NRC issued its responses at the time it
announced the issuance of NUREG-2214 (84 FR 39022; August 8, 2019),
NUREG-1927, Revision 1, ``Standard Review Plan for Renewal of Specific
Licenses and Certificates of Compliance for Dry Storage of Spent
Nuclear Fuel'' (81 FR 44054; July 6, 2016), and NUREG-2224, ``Dry
Storage and Transportation of High Burnup Spent Nuclear Fuel'' (85 FR
77267; December 1, 2020). The comments submitted on this rulemaking did
not provide new information that was not previously considered during
the development of this NRC guidance.
The NRC disagrees with the commenter's assertion about the
significance of ongoing research and the extent to which it supports or
contradicts NRC staff conclusions. This ongoing research is compatible
with the NRC's conclusions in the NRC's Safety Evaluation Report. The
NRC has conducted and continues to conduct research associated with
stress corrosion cracking and coordinates its research efforts with DOE
in this area. In addition, the NRC collaborates with DOE and national
counterparts, consensus committees, industry, and international
partners to share research, knowledge, and operating experience related
to degradation and aging of cask systems. The NRC considers this pool
of information in its regulatory framework for spent fuel storage.
The NRC recognizes that there will be new information gained in the
period of extended operation, including operating experience and
findings from research and development. Therefore, as described in
NUREG-1927, NUREG-2214, and Regulatory Guide 3.76, ``Implementation of
Aging Management Requirements for Spent Fuel Storage Renewals'' (86 FR
38506; July 21, 2021), aging management programs include learning
aspects designed to appropriately address and respond to new
information. These learning programmatic features are called
``tollgates,'' which offer a structured approach for: (1) periodically
reviewing site-specific and industrywide operating experience and data
from applicable research and industry initiatives at specific times
during the period of extended operation; and (2) performing a safety
assessment that confirms the program's effectiveness or otherwise
identifies a need to enhance or modify the program in a timely manner
to address any emerging aging issues.
As aging management inspections of canisters are performed at
independent spent fuel storage installations, licensees and certificate
of compliance holders will upload the inspection results to the
Independent Spent Fuel Storage Installation Aging Management Institute
of Nuclear Power Operations Database (AMID), and this operating
experience will be shared across the industry through licensee access
to this database by the independent spent fuel storage installation
sites and by certificate of compliance holders. The implementation of
tollgate assessments and use of AMID provides reasonable assurance that
the aging management programs will continue to effectively manage aging
effects during the period of extended operation.
The NRC disagrees with the commenter's statement regarding the
comparison of the applicant's aging management program elements to
program elements developed by industry. During the NRC's review of
Holtec International's renewal application for the HI-STORM 100 Cask
System design, the NRC evaluated
[[Page 42590]]
Holtec International's technical basis for its aging management review
and aging management programs and compared it to the generic technical
basis in NUREG-2214. The generic technical basis in NUREG-2214 was
developed by the NRC, not by the industry. The guidance in NUREG-2214
provides examples of aging management programs that are considered
generically acceptable to address the credible aging mechanisms
evaluated in the guidance to ensure that the design bases of the cask
system will be maintained in the period of extended operation. The NRC
found the Holtec International aging management program acceptable. The
NRC Safety Evaluation Report documents the consistency between the
applicant's canister aging management program and the NUREG-2214
canister aging management program.
Comment: The NRC received two comments regarding scratching and
cracking of canisters. The first comment, from the joint comments,
stated that NRC has not reviewed the long-term impact of the scraping,
gouging, and scratching of canisters when they are loaded into the
casks, including the potential for increased and accelerated corrosion.
The second comment noted that the Holtec International HI-STORM 100
Cask System design above ground system may cause canisters to scratch
and scrape against the carbon steel vertical channels in the overpack
cask, leading to potential initiation of carbon[hyphen]induced pit
corrosion cracking and a serious accelerated canister degradation
condition.
Response: The comments on the topic of scratching and cracking of
canisters do not introduce new information that was not already
considered during the NRC's development of NUREG-2214 and during the
review of Holtec International's renewal application for the Holtec HI-
STORM 100 Cask System design. Welded stainless steel dry storage
canisters, like those used in the HI-STORM 100 Cask System design, may
contact dissimilar metal surfaces, and may get scraped, scratched, or
gouged during handling and loading into the storage overpack. During
the development of NUREG-2214, the NRC considered these potential
effects and the potential for handling practices to result in the
contact and transfer of carbon steel onto the surface of the stainless-
steel canister.
NUREG-2214 identifies stress corrosion cracking as a credible aging
effect for canisters and includes an aging management program for
canisters to identify and manage localized corrosion (a potential
precursor to stress corrosion cracking) and stress corrosion cracking.
NUREG-2214 notes the potential for handling practices to result in
contact and transfer of iron (i.e., carbon steel) onto the stainless-
steel canister surface, which can create localized corrosion. The
NUREG-2214 canister aging management program addresses aging effects
and provides reasonable assurance that aging associated with any
initial defects, scrapes, or effects of dissimilar materials being in
contact will not compromise the intended functions of the canister
during the period of extended operation.
NUREG-2214 provides examples of aging management programs that the
NRC considers as being generically acceptable to address those credible
aging mechanisms evaluated in the guidance to ensure that the design
bases of dry storage systems will be maintained. In its review of the
renewal application for the Holtec International HI-STORM 100 Cask
System design, the NRC staff evaluated Holtec International's technical
basis for its aging management review and aging management programs for
the Holtec International HI-STORM 100 Cask System design and compared
it to the generic technical basis in NUREG-2214. The NRC Safety
Evaluation Report documents the consistency between the applicant's
canister aging management program and the NUREG-2214 canister aging
management program. Consistent with the NUREG-2214 canister aging
management program, the Holtec International HI-STORM 100 Cask System
design canister aging management program includes inspections of
canister surfaces to identify the presence of red-orange corrosion
deposits that may indicate iron transfer onto the stainless-steel
canister surface. Any areas of corrosion that are found and identified
are subject to additional examination and evaluation.
Additionally, the Holtec International HI-STORM 100 Cask System
design canister aging management program includes criteria to inspect
those canisters that are most susceptible to degradation. The aging
management program for the Holtec International HI-STORM 100 Cask
System design considers the susceptibility criteria in Electric Power
Research Institute (EPRI) TR-3002005371, ``Susceptibility Assessment
Criteria for Chloride-Induced Stress Corrosion Cracking (CISCC) of
Welded Stainless-Steel Canisters for Dry Cask Storage Systems''
(referenced also in NUREG-2214). The EPRI report identifies areas of
``mechanical damage (e.g., gouges)'' and ``scraping during handling''
as being the most susceptible to aging. The concerns expressed in the
comments (i.e., long-term effects of any scraping, gouging, and
scratching of canisters or contact between dissimilar materials when
canisters are loaded into the storage overpack including the potential
for increased and accelerated corrosion) are addressed in the canister
aging management program.
Comment: The joint comment expressed concern with radiation effects
and dose limits.
Response: This comment raises issues that are outside of the scope
of this rulemaking. The NRC establishes safety standards for protection
against radiation, including public dose limits, in 10 CFR part 20,
``Standards for Protection against Radiation.'' The regulations in 10
CFR part 72 also include dose limits for spent fuel storage. The
current requirements in 10 CFR parts 20 and 72 are protective of public
health and safety and the environment.
III. Availability of Documents
The documents identified in this table are available to interested
persons through one or more of the following methods, as indicated.
------------------------------------------------------------------------
Adams Accession No./Federal
Document Register citation
------------------------------------------------------------------------
Renewed Certificate of Compliance No. 1014, HI-STORM 100 Cask System
Design
------------------------------------------------------------------------
Renewal of Certificate of Compliance No. ML23068A384 (package).
1014, HI-STORM 100 Cask System. (Includes
Renewed Certificates of Compliance;
Approved Contents and Design Features;
Technical Specifications; and Final Safety
Evaluation Report).
Final Safety Evaluation Report for the HI- ML23068A455.
STORM 100 Cask System: Certificate of
Compliance No. 1014 Renewal, Docket No. 72-
1014.
------------------------------------------------------------------------
[[Page 42591]]
Rulemaking Documents
------------------------------------------------------------------------
``List of Approved Spent Fuel Storage 88 FR 9106.
Casks: Holtec International HI-STORM 100
Cask System, Certificate of Compliance No.
1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15.'' Direct
final rule. (Includes environmental
assessment and final finding of no
significant impact) (February 13, 2023).
``List of Approved Spent Fuel Storage 88 FR 9195.
Casks: Holtec International HI-STORM 100
Cask System, Certificate of Compliance No.
1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15.'' Proposed
rule. (February 13, 2023).
``List of Approved Spent Fuel Storage 88 FR 17164.
Casks: Holtec International HI-STORM 100
Cask System, Certificate of Compliance No.
1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15;'' Proposed
rule; Reopening of comment period. (March
22, 2023).
``List of Approved Spent Fuel Storage 88 FR 25271.
Casks: Holtec International HI-STORM 100
Cask System, Certificate of Compliance No.
1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15; Delay of
Effective Date.'' Direct final rule; Delay
of effective date. (April 26, 2027).
Comment (001) from Brian Gutherman on PR- ML23046A406.
72--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.
Comment (002) from Renante Baniaga on PR- ML23046A407.
72--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.
Comment (003) from Michael Ford on PR-72-- ML23073A116.
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.
Comment (004) from Kalene Walker on PR-72-- ML23075A156.
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.
Comment Period Extension Request from ML23073A095.
Nuclear Information and Resource Service,
et al. on PR-72--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.
Comment (005) from Nuclear Information and ML23107A144.
Resource Service, et al. on PR-72--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.
Comment (006) from Michael Ford on PR-72-- ML23108A278.
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.
Comment (007) from Kalene Walker on PR-72-- ML23108A279.
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.
------------------------------------------------------------------------
Environmental Documents
------------------------------------------------------------------------
Generic Environmental Impact Statement for ML14198A440 (package).
Continued Storage of Spent Nuclear Fuel:
Final Report (NUREG-2157, Volumes 1 and 2)
(2014).
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
ACUS Recommendation 95-4, ``Procedures for 60 FR 43110.
Non-Controversial and Expedited
Rulemaking'' (August 18, 1995).
``Standard Review Plan for Renewal of ML16179A148.
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 ML19214A111.
(MAPS) Report.'' Final Report. NUREG-2214.
Washington, DC. July 2019..
NUREG-2224, ``Dry Storage and ML20191A321.
Transportation of High Burnup Spent
Nuclear Fuel'' (November 2020).
``Implementation of Aging Management 86 FR 38506.
Requirements for Spent Fuel Storage
Renewals.'' Regulatory Guide; Issuance
(July 21, 2021).
Regulatory Guide 3.76, Revision 0, ML21098A022.
``Implementation of Aging Management
Requirements for Spent Fuel Storage
Renewals.'' July 2021.
``Standard Review Plan for Renewal of 81 FR 44054.
Specific Licenses and Certificates of
Compliance for Dry Storage of Spent
Nuclear Fuel.'' NUREG; Issuance. (July 6,
2016).
``Managing Aging Processes in Storage 84 FR 39022.
(MAPS) Report.'' NUREG; Issuance. (August
8, 2019).
``Dry Storage and Transportation of High 85 FR 77267.
Burnup Spent Nuclear Fuel.'' NUREG;
Issuance. (December 1, 2020).
EPRI TR-3002005371, ``Susceptibility https://www.epri.com/
Assessment Criteria for Chloride-Induced research/ products/
Stress Corrosion Cracking (CISCC) of 3002005371.
Welded Stainless-Steel Canisters for Dry
Cask Storage Systems'' (September 18,
2015).
``Direct Final Rule''...................... https://www.nrc.gov/about-nrc/ nrc/ regulatory/rulemaking/
rulemaking-process/
direct-final-rule.html.
------------------------------------------------------------------------
The direct final rule published on February 13, 2023 (88 FR 9106),
which was delayed indefinitely on April 26, 2023 (88 FR 25271), is
confirmed. The direct final rule is effective on August 2, 2023, and
the following correction is effective August 2, 2023.
[[Page 42592]]
Correction of Direct Final Rule
0
In FR 2023-03002, published at 88 FR 9106 on February 13, 2023, on page
9116, in the second and third columns, remove the date ``May 1, 2023''
wherever it appears and add ``August 2, 2023'' in its place.
Dated: June 27, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-13992 Filed 6-30-23; 8:45 am]
BILLING CODE 7590-01-P
