List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal of Initial Certificate and Amendment Numbers 1 Through 8, 51209-51218 [2023-16160]
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Rules and Regulations
Federal Register
Vol. 88, No. 148
Thursday, August 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–2023–0080]
RIN 3150–AK98
List of Approved Spent Fuel Storage
Casks: NAC Multi-Purpose Canister
(NAC–MPC) System, Certificate of
Compliance No. 1025, Renewal of
Initial Certificate and Amendment
Numbers 1 Through 8
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC Multi-Purpose
Canister (NAC–MPC) System listing
within the ‘‘List of approved spent fuel
storage casks’’ to renew, for 40 years, the
initial certificate and Amendment Nos.
1 through 8 of Certificate of Compliance
No. 1025. The renewal of the initial
certificate and Amendment Nos. 1
through 8 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
October 17, 2023, unless significant
adverse comments are received by
September 5, 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rule is withdrawn as a result of such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
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DATES:
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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–2023–
0080, 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:
Chris Markley, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6293, email:
Christopher.Markley@nrc.gov and
Andrew Carrera, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–1078, email:
Andrew.Carrera@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant 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–2023–
0080 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–2023–0080. Address
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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
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.
B. Submitting Comments
Please include Docket ID NRC–2023–
0080 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
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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. 1025,
which includes the initial certificate
and Amendment Nos. 1 through 8. The
renewal only applies to the storage of
spent fuel in an independent spent fuel
storage installation at power reactor
sites under a general license pursuant to
the requirements of 10 CFR part 72,
‘‘Approval of Spent Fuel Storage
Casks,’’ and does not address or apply
to transportation of the NAC–MPC
System. Transport of the NAC–MPC
System would be subject to the separate
requirements of 10 CFR part 71,
‘‘Packaging and Transportation of
Radioactive Material.’’ 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
October 17, 2023. However, if the NRC
receives any significant adverse
comment on this direct final rule by
September 5, 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
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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,
requires that ‘‘[t]he Secretary [of the
Department of Energy] shall establish a
demonstration program, in cooperation
with the private sector, for the dry
storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the
objective of establishing one or more
technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
that ‘‘[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 ‘‘Storage of Spent Fuel In NRCApproved Storage Casks at Power
Reactor Sites’’ (55 FR 29181; July 18,
1990). This rule also established a new
subpart L in 10 CFR part 72 which
contains procedures and criteria for
obtaining NRC approval of spent fuel
storage cask designs. The NRC
subsequently issued a final rule on
April 10, 2000, that approved the NAC
Multi-Purpose Canister (NAC–MPC)
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System design and added it to the list
of NRC-approved cask designs in
§ 72.214 as Certificate of Compliance
No. 1025. On August 28, 2007 (72 FR
49561), the NRC amended the scope of
the general licenses issued under
§ 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,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ 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. 1025 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
December 18, 2019, as supplemented on
August 10, 2021; March 18, 2022; and
July 22, 2022, NAC International, Inc.
submitted a request to renew Certificate
of Compliance No. 1025 for the NAC–
MPC System design for an additional 40
years beyond the initial certificate term
(ADAMS Accession Nos.
ML19357A178, ML21231A154,
ML22077A831, and ML22203A127
respectively).
The NAC–MPC System is provided in
three configurations for use at (1)
Yankee Atomic Electric Company’s
Yankee Rowe (YR) Nuclear Station
(hereafter ‘‘YR–MPC’’), (2) Connecticut
Yankee (CY) Haddam Neck Nuclear
Power Plant (hereafter ‘‘CY–MPC’’), and
(3) Dairyland Power Cooperative La
Crosse Boiling Water Reactor (LACBWR)
Nuclear Power Plant (hereafter
‘‘LACBWR–MPC’’). Each NAC–MPC
System includes a transportable storage
canister (TSC) provided with a fuel
basket designed to accommodate the
allowable spent fuel contents, a vertical
concrete cask (VCC), and a transfer cask
(TFR) sized to accommodate the
pertinent TSC. The YR–MPC, CY–MPC,
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and LACBWR–MPC have similar
components and operating features but
different physical dimensions, weights,
fuel contents, and storage capacities. All
configurations are designed such that
subsequent transport of the dry-stored
spent fuel contents inside each TSC
could, if approved, use the certified
NAC International’s storage transport
cask package. This rulemaking does not
authorize the transport, instead, the
rulemaking authorizes the design of the
system, which provides a design
compatible with future transport.
The TSC provides the confinement
pressure boundary, heat transfer,
criticality control, and structural
integrity for the safe dry storage of the
spent fuel contents. The TSC is stored
in the central cavity of the VCC. The
VCC provides radiation shielding and
structural protection for the TSC and
contains internal air flow paths that
allow the decay heat from the TSC
contents to be removed by natural air
circulation around the TSC shell. The
principal components of the NAC MPC
System include the following:
• TSC (YR–MPC, CY–MPC, and
LACBWR–MPC) with pressurizedwater reactor or boiling water reactor
fuel basket (and damaged fuel cans)
• VCC (YR–MPC, CY–MPC, and
LACBWR–MPC)
• TFR (YR–MPC as modified and
transferred or sold to LACBWR–MPC,
and CY–MPC) and transfer adapter
• spent fuel assemblies
• fuel transfer and auxiliary equipment
(e.g., lift yoke, vertical cask
transporter, air pads, heavy haul
transfer trailer, vacuum drying and
helium back-fill system with a helium
mass spectrometer leak detector,
welding equipment)
• VCC temperature monitoring system
• ISFSI storage pad
• ISFSI security equipment
The renewal of the initial certificate
and Amendment Nos. 1 through 8 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. The NRC spent fuel
storage regulations in § 72.240 authorize
the NRC to revise the certificate of
compliance to include any additional
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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 four 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 NAC–MPC System during the
approved period of extended operation.
The NRC is amending the condition that
describes the authorization for use of
the NAC–MPC System design under the
general license. Chapter 4 of the
Preliminary Safety Evaluation Report,
‘‘Changes to Certificate of Compliance
and Technical Specifications,’’
(ML22297A270) provides a consolidated
list of, and the basis for, the changes to
the CoC conditions and technical
specifications resulting from the staff’s
review of the renewal application.
The new conditions added to the
renewal of the initial certificate of
compliance and Amendment Nos. 1
through 8 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. 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 NAC–MPC 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)
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is made. This condition also makes it
clear that to meet the requirements in
§ 72.212(b)(11), general licensees that
currently use a NAC–MPC System will
need to update their § 72.212 reports,
even if they do not put additional NAC–
MPC 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
NAC–MPC 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 1025 and Amendment Nos. 1
through 8) 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. 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 8 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
NAC–MPC System 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 8 by
adding a section addressing the aging
management program. General licensees
using the NAC–MPC System design
during the period of extended operation
will need to establish, implement, and
maintain written procedures for each
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applicable aging management program
in the final safety analysis report to use
the NAC–MPC 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 on the state of knowledge
of aging-related operational experience,
research, monitoring, and inspections to
ascertain the ability of in-scope NAC–
MPC System to continue to perform
their intended safety functions
throughout the renewed period of
extended operation.
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 NAC–MPC System 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 § 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
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manner, adversely affected structures,
systems, and components important to
safety. The NRC’s safety review
determined that the NAC–MPC System,
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
§ 72.240, the NRC is renewing the NAC
International Inc. NAC–MPC System
initial certificate 1025 and Amendment
Nos. 1 through 8.
Extending the expiration date of the
approval for the initial certificate and
Amendment Nos. 1 through 8 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
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40 years after the cask is first placed
into service.
This direct final rule revises the
NAC–MPC System design listing in
§ 72.214 by renewing, for 40 more years,
the initial certificate and Amendment
Nos. 1 through 8 of Certificate of
Compliance No. 1025. The 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 NAC–MPC 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.
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
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Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
VIII. Environmental Assessment and
Finding of No Significant Impact
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ the NRC has
determined that this direct final rule, if
adopted, would not be a major Federal
action significantly affecting the quality
of the human environment and,
therefore, an environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment.
ddrumheller on DSK120RN23PROD with RULES1
A. The Action
The proposed action is to amend
§ 72.214 to revise the NAC–MPC 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 8 of Certificate of Compliance
No. 1025.
B. The Need for the Action
This direct final rule renews the
certificate of compliance for the NAC–
MPC 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 NAC–MPC
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. The renewal only applies
to the storage of spent fuel in an
independent spent fuel storage
installation at power reactor sites under
a general license pursuant to the
requirements of 10 CFR part 72; it does
not address or apply to transportation of
the NAC–MPC System. Transport of the
NAC–MPC System would be subject to
the separate requirements of 10 CFR
part 71.
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
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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. Chapter 4 of the
Preliminary Safety Evaluation Report,
‘‘Changes to Certificate of Compliance
and Technical Specifications,’’
(ML22297A270) provides a consolidated
list of, and the basis for, the changes to
the CoC conditions and technical
specifications resulting from the staff’s
review of the renewal application.
The new conditions added to the
renewal of the initial certificate of
compliance and Amendment Nos. 1
through 8 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. 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 NAC–MPC 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
currently use a NAC–MPC System will
need to update their § 72.212 reports,
even if they do not put additional NAC–
MPC Systems into service after the
renewal’s effective date. These
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51213
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
NAC–MPC 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 1025 and Amendment Nos. 1
through 8) 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. 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 8 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
NAC–MPC System 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 8 by
adding a section addressing the aging
management program. General licensees
using the NAC–MPC 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 NAC–MPC 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
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ddrumheller on DSK120RN23PROD with RULES1
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 on the state of knowledge
of aging-related operational experience,
research, monitoring, and inspections to
ascertain the ability of in-scope NAC–
MPC System to continue to perform
their intended safety functions
throughout the renewed period of
extended operation.
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
Power Reactor Sites.’ ’’ The potential
environmental impacts for the longerterm 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 8 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 NAC–MPC 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
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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
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 8 would remain well within the
limits provided in 10 CFR part 20,
‘‘Standards for Protection Against
Radiation.’’ 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 NAC–MPC
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 NAC–MPC 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 NAC–MPC System
design after the expiration date of the
certificate of compliance or that seeks to
continue storing spent nuclear fuel in
the NAC–MPC 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)
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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 NAC–MPC 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
NAC–MPC 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 8 to
Certificate of Compliance No. 1025
would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The proposed action is to amend
§ 72.214 to revise the NAC–MPC 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 8 of Certificate of Compliance
No. 1025. 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, 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 8. The NRC determined that the
renewed NAC–MPC 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
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
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: NAC–MPC
System, Certificate of Compliance No.
1025, Renewal of the initial certificate
and Amendment Nos. 1 through 8,’’ 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)
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.
ddrumheller on DSK120RN23PROD with RULES1
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 NAC International,
Inc. NAC International, Inc. 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 § 2.810. Similarly,
none of the existing nuclear power
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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 NAC
International, Inc., 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. Therefore, 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
April 10, 2000 (64 FR 12444), the NRC
issued an amendment to 10 CFR part 72
that approved the NAC–MPC System
design by adding it to the list of NRCapproved cask designs in § 72.214.
On December 18, 2019, as
supplemented on August 10, 2021;
March 18, 2022; and July 22, 2022, NAC
International, Inc. submitted a request to
renew Certificate of Compliance No.
1025 for the NAC–MPC System design
for an additional 40 years beyond the
initial certificate term (ML19357A178,
ML21231A154, ML22077A831, and
ML22203A127 respectively).
The alternative to this action is to
withhold approval of the renewal of the
initial certificate and Amendments Nos.
1 through 8 and to require any 10 CFR
part 72 general licensee seeking to
continue the storage of spent nuclear
fuel in the NAC–MPC System design
using the initial certificate or
Amendments No. 1 through 8 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
exemption request, thereby increasing
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51215
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. 1025 for
the NAC–MPC 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 8, 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 and renewed
Amendment Nos. 1 through 8 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
NAC–MPC System design for the initial
20-year term for previously loaded
casks. The renewed certificates would
require implementation of aging
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
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, NAC International, Inc., as the
certificate of compliance holder and
vendor of the casks, is not protected by
the backfitting provisions in § 72.62 in
this capacity.
NAC International, Inc. is also a
general licensee using the NAC–MPC
System design under a general license.
General licensees, including NAC
International, Inc., 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
NAC–MPC 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 NAC–MPC 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 NAC–MPC
system 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 8 of Certificate of Compliance
No. 1025 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
ddrumheller on DSK120RN23PROD with RULES1
Preliminary Certificates of Compliance and Preliminary Conditions for Cask Use and Technical Specifications
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Preliminary
Renewed Initial Certificate of Compliance No. 1025 ..................................................................................
Conditions for Cask Use and Technical Specifications, Renewed Initial Certificate ..................................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 1 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 1 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 2 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 2 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 3 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 3 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 4 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 4 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 5 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 5 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 6 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 6 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 7 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 7 ..............................
Renewed Certificate of Compliance No. 1025, Renewed Amendment No. 8 ............................................
Conditions for Cask Use and Technical Specifications, Renewed Amendment No. 8 ..............................
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03AUR1
ML22297A272.
ML22297A281.
ML22297A273.
ML22297A282.
ML22297A274.
ML22297A283.
ML22297A275.
ML22297A284.
ML22297A276.
ML22297A285.
ML22297A277.
ML22297A286.
ML22297A278.
ML22297A287.
ML22297A279.
ML22297A288.
ML22297A280.
ML22297A289.
Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
51217
ADAMS accession No./
Federal Register citation
Document
Preliminary Safety Evaluation Report
Preliminary Final Safety Evaluation Report for Renewal of Initial Certificate and Amendments Nos. 1 through 8, of
CoC No. 1025 for the NAC Multi-Purpose Canister.
ML22297A270.
Environmental Documents
Environmental Assessment for Proposed Rule Entitled, ‘‘Storage of Spent Nuclear Fuel in NRC-Approved Storage
Casks at Nuclear Power Reactor Sites.’’ (1989).
‘‘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) .........
ML051230231.
ML100710441.
ML14198A440 (package).
55 FR 29181.
NAC Multi-Purpose Canister (NAC–MPC) System, Certificate of Compliance No. 1025, Renewal Application Documents
Preliminary Renewal Package for the NAC–MPC System, CoC 1025 .........................................................................
NAC International—Submission of a Request to Renew the U.S. Nuclear Regulatory Commission Certificate of
Compliance No. 1025 for the NAC–MPC Cask System.
NAC International, Inc.—Responses to the Nuclear Regulatory Commission’s (NRC) Request for Additional Information for the Request to Renew the NRC Certificate of Compliance No. 1025 for the NAC–MPC Cask System.
NAC, Submittal of Responses to the Nuclear Regulatory Commission’s (NRC) Request for Additional Information
for the Request to Renew the NRC Certificate of Compliance No. 1025 for the NAC–MPC Cask System.
Supplement to the Submission of Responses to the Nuclear Regulatory Commission’s (NRC) Request for Additional Information for the Request to Renew the NRC Certificate of Compliance No. 1025 for the NAC–MPC
Cask System.
User Need For Rulemaking For Certificate Of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Numbers 1 Through 8 To The NAC Multipurpose Canister System.
ML22297A269 (package).
ML19357A178 (package).
ML21231A154 (package).
ML22077A831 (package).
ML22203A127.
ML22297A271.
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
‘‘Agreement State Program Policy Statement; Correction’’ (October 18, 2017) ............................................................
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–2023–0080.
List of Subjects in 10 CFR Part 72
ddrumheller on DSK120RN23PROD with RULES1
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:
■
Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance No. 1025 is revised to read
as follows:
■
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ML16179A148.
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§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1025.
Initial Certificate Effective Date: April
10, 2000, superseded by Renewed Initial
Certificate Effective Date: October 17,
2023.
Amendment Number 1 Effective Date:
November 13, 2001, superseded by
Renewed Amendment Number 1
Effective Date: October 17, 2023.
Amendment Number 2 Effective Date:
May 29, 2002, superseded by Renewed
Amendment Number 2 Effective Date:
October 17, 2023.
Amendment Number 3 Effective Date:
October 1, 2003, superseded by
Renewed Amendment Number 3
Effective Date: October 17, 2023.
Amendment Number 4 Effective Date:
October 27, 2004, superseded by
Renewed Amendment Number 4
Effective Date: October 17, 2023.
Amendment Number 5 Effective Date:
July 24, 2007, superseded by Renewed
Amendment Number 5 Effective Date:
October 17, 2023.
Amendment Number 6 Effective Date:
October 4, 2010, superseded by
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Rules and Regulations
Renewed Amendment Number 6
Effective Date: October 17, 2023.
Amendment Number 7 Effective Date:
March 4, 2019, superseded by Renewed
Amendment Number 7 Effective Date:
October 17, 2023.
Amendment Number 8 Effective Date:
March 4, 2019, superseded by Renewed
Amendment Number 8 Effective Date:
October 17, 2023.
Safety Analysis Report (SAR)
Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis
Report for the NAC Multi-Purpose
Canister System (NAC–MPC System).
Docket Number: 72–1025.
Certificate Expiration Date: May 31,
2020.
Renewed Certificate Expiration Date:
April 10, 2060.
Model Number: NAC–MPC System.
*
*
*
*
*
Dated: July 18, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023–16160 Filed 8–2–23; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1646; Project
Identifier MCAI–2023–00065–T; Amendment
39–22516; AD 2023–15–04]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
(Type Certificate Previously Held by
Yabora˜ Indu´stria Aerona´utica S.A.;
Embraer S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190–300 and
–400 airplanes. This AD was prompted
by identification that, during
simulations, analysis, and an in-service
event of the airplane, a stall warning
system activation (i.e., stick shaker) and
angle of attack (AOA) limiter
engagement may occur in certain
vertical gust conditions with specific
intensity and frequency. This AD
requires revising the Limitations section
of the existing airplane flight manual
(AFM) to incorporate minimum
operating speeds during flight at
moderate or severe turbulence
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:48 Aug 02, 2023
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conditions, as specified in an Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective August 18,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 18, 2023.
The FAA must receive comments on
this AD by September 18, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1646; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For ANAC material incorporated by
reference in this AD, contact National
Civil Aviation Agency (ANAC),
Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
website anac.gov.br/en/. You may find
this material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
regulations.gov under Docket No. FAA–
2023–1646.
FOR FURTHER INFORMATION CONTACT:
Joshua Bragg, Aviation Safety Engineer,
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 817–
222–5366; Joshua.K.Bragg@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–1646;
Project Identifier MCAI–2023–00065–T’’
at the beginning of your comments. The
most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Joshua Bragg, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 817–222–5366;
Joshua.K.Bragg@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2023–01–01, effective January 18,
2023 (ANAC AD 2023–01–01) (also
referred to as the MCAI), to correct an
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]]>Agencies
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51209-51218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16160]
========================================================================
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. 148 / Thursday, August 3, 2023 /
Rules and Regulations
[[Page 51209]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0080]
RIN 3150-AK98
List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose
Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal
of Initial Certificate and Amendment Numbers 1 Through 8
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 NAC Multi-Purpose
Canister (NAC-MPC) System listing within the ``List of approved spent
fuel storage casks'' to renew, for 40 years, the initial certificate
and Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025.
The renewal of the initial certificate and Amendment Nos. 1 through 8
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 October 17, 2023, unless
significant adverse comments are received by September 5, 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-2023-0080,
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: Chris Markley, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6293, email:
[email protected] and Andrew Carrera, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1078, email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0080 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-2023-0080. 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 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-2023-0080 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
[[Page 51210]]
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.
1025, which includes the initial certificate and Amendment Nos. 1
through 8. The renewal only applies to the storage of spent fuel in an
independent spent fuel storage installation at power reactor sites
under a general license pursuant to the requirements of 10 CFR part 72,
``Approval of Spent Fuel Storage Casks,'' and does not address or apply
to transportation of the NAC-MPC System. Transport of the NAC-MPC
System would be subject to the separate requirements of 10 CFR part 71,
``Packaging and Transportation of Radioactive Material.'' 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 October 17, 2023. However, if the NRC
receives any significant adverse comment on this direct final rule by
September 5, 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,
requires that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[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 ``Storage of
Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites'' (55
FR 29181; July 18, 1990). This rule also established a new subpart L in
10 CFR part 72 which contains procedures and criteria for obtaining NRC
approval of spent fuel storage cask designs. The NRC subsequently
issued a final rule on April 10, 2000, that approved the NAC Multi-
Purpose Canister (NAC-MPC) System design and added it to the list of
NRC-approved cask designs in Sec. 72.214 as Certificate of Compliance
No. 1025. On August 28, 2007 (72 FR 49561), the NRC amended the scope
of the general licenses issued under Sec. 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, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants.'' 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.
1025 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 December 18, 2019, as supplemented on August 10,
2021; March 18, 2022; and July 22, 2022, NAC International, Inc.
submitted a request to renew Certificate of Compliance No. 1025 for the
NAC-MPC System design for an additional 40 years beyond the initial
certificate term (ADAMS Accession Nos. ML19357A178, ML21231A154,
ML22077A831, and ML22203A127 respectively).
The NAC-MPC System is provided in three configurations for use at
(1) Yankee Atomic Electric Company's Yankee Rowe (YR) Nuclear Station
(hereafter ``YR-MPC''), (2) Connecticut Yankee (CY) Haddam Neck Nuclear
Power Plant (hereafter ``CY-MPC''), and (3) Dairyland Power Cooperative
La Crosse Boiling Water Reactor (LACBWR) Nuclear Power Plant (hereafter
``LACBWR-MPC''). Each NAC-MPC System includes a transportable storage
canister (TSC) provided with a fuel basket designed to accommodate the
allowable spent fuel contents, a vertical concrete cask (VCC), and a
transfer cask (TFR) sized to accommodate the pertinent TSC. The YR-MPC,
CY-MPC,
[[Page 51211]]
and LACBWR-MPC have similar components and operating features but
different physical dimensions, weights, fuel contents, and storage
capacities. All configurations are designed such that subsequent
transport of the dry-stored spent fuel contents inside each TSC could,
if approved, use the certified NAC International's storage transport
cask package. This rulemaking does not authorize the transport,
instead, the rulemaking authorizes the design of the system, which
provides a design compatible with future transport.
The TSC provides the confinement pressure boundary, heat transfer,
criticality control, and structural integrity for the safe dry storage
of the spent fuel contents. The TSC is stored in the central cavity of
the VCC. The VCC provides radiation shielding and structural protection
for the TSC and contains internal air flow paths that allow the decay
heat from the TSC contents to be removed by natural air circulation
around the TSC shell. The principal components of the NAC MPC System
include the following:
TSC (YR-MPC, CY-MPC, and LACBWR-MPC) with pressurized-water
reactor or boiling water reactor fuel basket (and damaged fuel cans)
VCC (YR-MPC, CY-MPC, and LACBWR-MPC)
TFR (YR-MPC as modified and transferred or sold to LACBWR-MPC,
and CY-MPC) and transfer adapter
spent fuel assemblies
fuel transfer and auxiliary equipment (e.g., lift yoke,
vertical cask transporter, air pads, heavy haul transfer trailer,
vacuum drying and helium back-fill system with a helium mass
spectrometer leak detector, welding equipment)
VCC temperature monitoring system
ISFSI storage pad
ISFSI security equipment
The renewal of the initial certificate and Amendment Nos. 1 through
8 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. The NRC
spent fuel storage regulations in Sec. 72.240 authorize 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 four 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 NAC-MPC System during the approved period of extended
operation. The NRC is amending the condition that describes the
authorization for use of the NAC-MPC System design under the general
license. Chapter 4 of the Preliminary Safety Evaluation Report,
``Changes to Certificate of Compliance and Technical Specifications,''
(ML22297A270) provides a consolidated list of, and the basis for, the
changes to the CoC conditions and technical specifications resulting
from the staff's review of the renewal application.
The new conditions added to the renewal of the initial certificate
of compliance and Amendment Nos. 1 through 8 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. 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 NAC-
MPC 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
currently use a NAC-MPC System will need to update their Sec. 72.212
reports, even if they do not put additional NAC-MPC 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 NAC-MPC 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 1025
and Amendment Nos. 1 through 8) 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. 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 8 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 NAC-MPC System 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 8 by adding a section addressing the aging management
program. General licensees using the NAC-MPC System design during the
period of extended operation will need to establish, implement, and
maintain written procedures for each
[[Page 51212]]
applicable aging management program in the final safety analysis report
to use the NAC-MPC 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 on the state of knowledge of aging-related operational
experience, research, monitoring, and inspections to ascertain the
ability of in-scope NAC-MPC System to continue to perform their
intended safety functions throughout the renewed period of extended
operation.
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
NAC-MPC System 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
Sec. 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 NAC-MPC System, 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 NAC International
Inc. NAC-MPC System initial certificate 1025 and Amendment Nos. 1
through 8.
Extending the expiration date of the approval for the initial
certificate and Amendment Nos. 1 through 8 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 NAC-MPC System design listing in
Sec. 72.214 by renewing, for 40 more years, the initial certificate
and Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025.
The 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
NAC-MPC 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
[[Page 51213]]
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The proposed action is to amend Sec. 72.214 to revise the NAC-MPC
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 8 of Certificate of Compliance No. 1025.
B. The Need for the Action
This direct final rule renews the certificate of compliance for the
NAC-MPC 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 NAC-MPC 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.
The renewal only applies to the storage of spent fuel in an independent
spent fuel storage installation at power reactor sites under a general
license pursuant to the requirements of 10 CFR part 72; it does not
address or apply to transportation of the NAC-MPC System. Transport of
the NAC-MPC System would be subject to the separate requirements of 10
CFR part 71.
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. Chapter 4 of the Preliminary Safety Evaluation
Report, ``Changes to Certificate of Compliance and Technical
Specifications,'' (ML22297A270) provides a consolidated list of, and
the basis for, the changes to the CoC conditions and technical
specifications resulting from the staff's review of the renewal
application.
The new conditions added to the renewal of the initial certificate
of compliance and Amendment Nos. 1 through 8 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. 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 NAC-
MPC 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
currently use a NAC-MPC System will need to update their Sec. 72.212
reports, even if they do not put additional NAC-MPC 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 NAC-MPC 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 1025
and Amendment Nos. 1 through 8) 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. 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 8 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 NAC-MPC System 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 8 by adding a section addressing the aging management
program. General licensees using the NAC-MPC 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 NAC-MPC 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
[[Page 51214]]
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
on the state of knowledge of aging-related operational experience,
research, monitoring, and inspections to ascertain the ability of in-
scope NAC-MPC System to continue to perform their intended safety
functions throughout the renewed period of extended operation.
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
Power Reactor Sites.' '' 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 8 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 NAC-MPC 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 8 would remain well within the limits provided
in 10 CFR part 20, ``Standards for Protection Against Radiation.'' 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 NAC-MPC 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 NAC-MPC
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 NAC-MPC System design after the expiration date of the
certificate of compliance or that seeks to continue storing spent
nuclear fuel in the NAC-MPC 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 NAC-MPC 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 NAC-MPC 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 8
to Certificate of Compliance No. 1025 would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The proposed action is to amend Sec. 72.214 to revise the NAC-MPC
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 8 of Certificate of Compliance No. 1025. 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, 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 8. The NRC determined that the renewed NAC-MPC 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
[[Page 51215]]
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: NAC-MPC System, Certificate of Compliance No. 1025, Renewal of
the initial certificate and Amendment Nos. 1 through 8,'' 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) 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
NAC International, Inc. NAC International, Inc. 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 Sec. 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 NAC International, Inc., 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.
Therefore, 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 April 10, 2000 (64 FR 12444), the NRC
issued an amendment to 10 CFR part 72 that approved the NAC-MPC System
design by adding it to the list of NRC-approved cask designs in Sec.
72.214.
On December 18, 2019, as supplemented on August 10, 2021; March 18,
2022; and July 22, 2022, NAC International, Inc. submitted a request to
renew Certificate of Compliance No. 1025 for the NAC-MPC System design
for an additional 40 years beyond the initial certificate term
(ML19357A178, ML21231A154, ML22077A831, and ML22203A127 respectively).
The alternative to this action is to withhold approval of the
renewal of the initial certificate and Amendments Nos. 1 through 8 and
to require any 10 CFR part 72 general licensee seeking to continue the
storage of spent nuclear fuel in the NAC-MPC System design using the
initial certificate or Amendments No. 1 through 8 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. 1025 for the NAC-MPC 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 8, 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 and renewed Amendment Nos. 1 through
8 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 NAC-MPC System design for the initial 20-year
term for previously loaded casks. The renewed certificates would
require implementation of aging
[[Page 51216]]
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, NAC International, Inc., 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.
NAC International, Inc. is also a general licensee using the NAC-
MPC System design under a general license. General licensees, including
NAC International, Inc., 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 NAC-MPC 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 NAC-MPC 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 NAC-MPC system 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 8 of Certificate of Compliance No. 1025 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
----------------------------------------------------------------------------------------------------------------
Preliminary Certificates of Compliance and Preliminary Conditions for Cask Use and Technical Specifications
----------------------------------------------------------------------------------------------------------------
Preliminary Renewed Initial Certificate of Compliance No. ML22297A272.
1025.
Preliminary Conditions for Cask Use and Technical ML22297A281.
Specifications, Renewed Initial Certificate.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A273.
Renewed Amendment No. 1.
Preliminary Conditions for Cask Use and Technical ML22297A282.
Specifications, Renewed Amendment No. 1.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A274.
Renewed Amendment No. 2.
Preliminary Conditions for Cask Use and Technical ML22297A283.
Specifications, Renewed Amendment No. 2.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A275.
Renewed Amendment No. 3.
Preliminary Conditions for Cask Use and Technical ML22297A284.
Specifications, Renewed Amendment No. 3.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A276.
Renewed Amendment No. 4.
Preliminary Conditions for Cask Use and Technical ML22297A285.
Specifications, Renewed Amendment No. 4.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A277.
Renewed Amendment No. 5.
Preliminary Conditions for Cask Use and Technical ML22297A286.
Specifications, Renewed Amendment No. 5.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A278.
Renewed Amendment No. 6.
Preliminary Conditions for Cask Use and Technical ML22297A287.
Specifications, Renewed Amendment No. 6.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A279.
Renewed Amendment No. 7.
Preliminary Conditions for Cask Use and Technical ML22297A288.
Specifications, Renewed Amendment No. 7.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A280.
Renewed Amendment No. 8.
Preliminary Conditions for Cask Use and Technical ML22297A289.
Specifications, Renewed Amendment No. 8.
----------------------------------------------------------------------------------------------------------------
[[Page 51217]]
Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Final Safety Evaluation Report for Renewal of ML22297A270.
Initial Certificate and Amendments Nos. 1 through 8, of
CoC No. 1025 for the NAC Multi-Purpose Canister.
----------------------------------------------------------------------------------------------------------------
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 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).
----------------------------------------------------------------------------------------------------------------
NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal Application Documents
----------------------------------------------------------------------------------------------------------------
Preliminary Renewal Package for the NAC-MPC System, CoC ML22297A269 (package).
1025.
NAC International--Submission of a Request to Renew the ML19357A178 (package).
U.S. Nuclear Regulatory Commission Certificate of
Compliance No. 1025 for the NAC-MPC Cask System.
NAC International, Inc.--Responses to the Nuclear ML21231A154 (package).
Regulatory Commission's (NRC) Request for Additional
Information for the Request to Renew the NRC Certificate
of Compliance No. 1025 for the NAC-MPC Cask System.
NAC, Submittal of Responses to the Nuclear Regulatory ML22077A831 (package).
Commission's (NRC) Request for Additional Information for
the Request to Renew the NRC Certificate of Compliance No.
1025 for the NAC-MPC Cask System.
Supplement to the Submission of Responses to the Nuclear ML22203A127.
Regulatory Commission's (NRC) Request for Additional
Information for the Request to Renew the NRC Certificate
of Compliance No. 1025 for the NAC-MPC Cask System.
User Need For Rulemaking For Certificate Of Compliance ML22297A271.
Renewal, Initial Issue (Amendment Number 0), Amendment
Numbers 1 Through 8 To The NAC Multipurpose Canister
System.
----------------------------------------------------------------------------------------------------------------
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.
``Agreement State Program Policy Statement; Correction'' 82 FR 48535.
(October 18, 2017).
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-2023-0080.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance No. 1025 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1025.
Initial Certificate Effective Date: April 10, 2000, superseded by
Renewed Initial Certificate Effective Date: October 17, 2023.
Amendment Number 1 Effective Date: November 13, 2001, superseded by
Renewed Amendment Number 1 Effective Date: October 17, 2023.
Amendment Number 2 Effective Date: May 29, 2002, superseded by
Renewed Amendment Number 2 Effective Date: October 17, 2023.
Amendment Number 3 Effective Date: October 1, 2003, superseded by
Renewed Amendment Number 3 Effective Date: October 17, 2023.
Amendment Number 4 Effective Date: October 27, 2004, superseded by
Renewed Amendment Number 4 Effective Date: October 17, 2023.
Amendment Number 5 Effective Date: July 24, 2007, superseded by
Renewed Amendment Number 5 Effective Date: October 17, 2023.
Amendment Number 6 Effective Date: October 4, 2010, superseded by
[[Page 51218]]
Renewed Amendment Number 6 Effective Date: October 17, 2023.
Amendment Number 7 Effective Date: March 4, 2019, superseded by
Renewed Amendment Number 7 Effective Date: October 17, 2023.
Amendment Number 8 Effective Date: March 4, 2019, superseded by
Renewed Amendment Number 8 Effective Date: October 17, 2023.
Safety Analysis Report (SAR) Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose
Canister System (NAC-MPC System).
Docket Number: 72-1025.
Certificate Expiration Date: May 31, 2020.
Renewed Certificate Expiration Date: April 10, 2060.
Model Number: NAC-MPC System.
* * * * *
Dated: July 18, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-16160 Filed 8-2-23; 8:45 am]
BILLING CODE 7590-01-P
