List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 16, 52999-53004 [2024-13984]
Download as PDF
<![CDATA[
52999
Rules and Regulations
Federal Register
Vol. 89, No. 122
Tuesday, June 25, 2024
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–2024–0041]
RIN 3150–AL08
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Renewed
Amendment No. 16
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Renewed Amendment
No. 16 to Certificate of Compliance No.
1014. Renewed Amendment No. 16
revises the certificate of compliance to
add a new overpack, include the ability
to use computational fluid dynamics
analysis to evaluate site-specific
accident scenarios, modify the cask
design, modify operational and testing
requirements, and make changes to the
final safety analysis report.
DATES: This direct final rule is effective
September 9, 2024, unless significant
adverse comments are received by July
25, 2024. 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withdrawn as a result of such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.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:54 Jun 24, 2024
Jkt 262001
ADDRESSES:
Submit your comments,
identified by Docket ID NRC–2024–
0041, 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.
You can read a plain language
description of this direct final rule at
https://www.regulations.gov/docket/
NRC-2024-0041. 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:
Alexandra Terres, Office of Nuclear
Materials Safety and Safeguards,
telephone: 301–415–7000, email:
Alexandra.Terres@nrc.gov and Yen-Ju
Chen, Office of Nuclear Materials Safety
and Safeguards, telephone: 301–415–
1018, email: Yen-Ju.Chen@nrc.gov. Both
are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
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: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal Holidays.
Table of Contents
B. Submitting Comments
Please include Docket ID NRC–2024–
0041 in your comment submission. The
NRC requests that you submit comments
through the Federal rulemaking website
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
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–2024–
0041 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–2024–0041. Address
questions about NRC dockets to Helen
Chang, telephone: 301–415–3228, email:
Helen.Chang@nrc.gov. For technical
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
E:\FR\FM\25JNR1.SGM
25JNR1
53000
Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Rules and Regulations
before making the comment
submissions available to the public or
entering the comment into ADAMS.
khammond on DSKJM1Z7X2PROD with RULES
II. Rulemaking Procedure
This rule is limited to changes
contained in Renewed Amendment No.
16 to Certificate of Compliance No. 1014
and does not include other aspects of
the HI–STORM 100 Cask System design.
The NRC is using the ‘‘direct final rule
procedure’’ to issue this amendment
because it represents a limited and
routine change to an existing certificate
of compliance that is expected to be
non-controversial. Adequate protection
of public health and safety continues to
be reasonably assured. The amendment
to the rule will become effective on
September 9, 2024. However, if the NRC
receives any significant adverse
comment on this direct final rule by July
25, 2024, then the NRC will publish a
document that withdraws this action
and will subsequently address the
comments received in a final rule as a
response to the companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register or as otherwise appropriate. In
general, absent significant modifications
to the proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC to
make a change (other than editorial) to
the rule, certificate of compliance, or
technical specifications.
VerDate Sep<11>2014
15:54 Jun 24, 2024
Jkt 262001
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 ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181; July 18, 1990). This rule also
established a new subpart L in 10 CFR
part 72 entitled ‘‘Approval of Spent Fuel
Storage Casks,’’ which contains
procedures and criteria for obtaining
NRC approval of spent fuel storage cask
designs. The NRC subsequently issued a
final rule on May 1, 2000 (65 FR 25241),
that approved the HI–STORM 100 Cask
System design and added it to the list
of NRC-approved cask designs in
§ 72.214 as Certificate of Compliance
No. 1014.
IV. Discussion of Changes
On March 9, 2021, Holtec
International submitted a request to the
NRC to amend Certificate of Compliance
No. 1014 for the HI–STORM 100 Cask
System. Holtec International
supplemented its request on the
following dates: August 11, 2021,
August 31, 2022, September 9, 2022,
October 3, 2022, January 4, 2023,
January 5, 2023, January 13, 2023,
March 17, 2023, and September 20,
2023. On February 17, 2022, Holtec
International requested to remove the
certificate of compliance (CoC)
reorganization, also known as graded
approach, from this amendment.1 The
1 On May 6, 2021, Holtec submitted a request for
Amendment No. 16 to CoC No. 1014 (Package
ML21126A266, incoming letter ML 21126A267),
which included the CoC reorganization, known as
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Renewed Amendment No. 16 revises the
certificate of compliance to:
• Add a new unventilated high
density (UVH) overpack, HI–STORM
100 UVH, which includes high density
concrete for shielding. The UVH is to be
used with the MPC–32M and MPC–
68M.
• Include the ability to use the
computational fluid dynamics (CFD)
analysis to evaluate site-specific fire
accident scenario.
• Modify the vent and drain
penetrations to include the option of a
second port cover plate.
• Include the ability to use CFD
analysis to evaluate site-specific burial
under debris accident scenario.
• Include the ability to use water
without glycol in the HI–TRAC water
jacket during transfer operations below
32 °F based on the site-specific MPC
total heat loads.
• Change the hydrostatic pressure test
of the MPC acceptance criteria to be
examination for leakage only.
• Remove post hydrostatic test liquid
penetrant and magnetic particle
examination.
• Reduce the minimum cooling time
for pressurized water reactor fuel from
2 years to 1 year.
Renewed Amendment No. 16 also
revises the final safety analysis report
(FSAR), appendix 1.D, Specification for
Plain Concrete in the HI–STORM
Family of Overpacks, to enhance certain
requirements, to add certain revised
shielding assumptions following a
significant thermal event, and to add
critical characteristics for concrete
employed in the HI–STORM 100 UVH
System. Renewed Amendment No. 16
replaces the fuel qualification tables in
the FSAR, chapter 2, and in the CoC,
including the equation for calculation of
the maximum allowable burnup as a
function of the cooling time and cooling
time dependent coefficients, with
simpler sets of burnup and cooling time
limits.
The changes to the aforementioned
documents are identified with revisions
bars in the margin of each document.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
proposed certificate of compliance
amendment request. The NRC
determined that this amendment does
not reflect a significant change in design
or fabrication of the cask. Specifically,
the NRC determined that the design of
graded approach. On February 17, 2022, Holtec
requested to remove the graded approach from
Amendment No. 16 (ML22048C221). Therefore, this
direct final rule, and its companion proposed rule
only address Amendment No. 16 to CoC No. 1014,
as updated.
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Rules and Regulations
the cask would continue to maintain
confinement, shielding, and criticality
control in the event of each evaluated
accident condition. In addition, any
resulting occupational exposure or
offsite dose rates from the
implementation of Renewed
Amendment No. 16 would remain well
within the limits specified by 10 CFR
part 20, ‘‘Standards for Protection
Against Radiation.’’ Therefore, the NRC
found there will be no significant
change in the types or amounts of any
effluent released, no significant increase
in the individual or cumulative
radiation exposure, and no significant
increase in the potential for or
consequences from radiological
accidents.
The NRC staff determined that the
amended Holtec International HI–
STORM 100 Cask System cask design,
when used under the conditions
specified in the certificate of
compliance, the technical
specifications, and the NRC’s
regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate
protection of public health and safety
will continue to be reasonably assured.
When this direct final rule becomes
effective, persons who hold a general
license under § 72.210 may, consistent
with the license conditions under
§ 72.212, load spent nuclear fuel into
HI–STORM 100 casks that meet the
criteria of Renewed Amendment No. 16
of Certificate of Compliance No. 1014.
khammond on DSKJM1Z7X2PROD with RULES
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC revises the Holtec International
HI–STORM 100 Cask System design
listed in § 72.214, ‘‘List of approved
spent fuel storage casks.’’ This action
does not constitute the establishment of
a standard that contains generally
applicable requirements.
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
VerDate Sep<11>2014
15:54 Jun 24, 2024
Jkt 262001
Energy Act of 1954, as amended, or the
provisions of 10 CFR chapter I.
Therefore, compatibility is not required
for program elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
VIII. Environmental Assessment and
Finding of No Significant Impact
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ the NRC has
determined that this direct final rule, if
adopted, would not be a major Federal
action significantly affecting the quality
of the human environment and,
therefore, an environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment.
A. The Action
The action is to amend § 72.214 to
revise the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Renewed Amendment
No. 16 to Certificate of Compliance No.
1014.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the Holtec
International HI–STORM 100 Cask
System design within the list of
approved spent fuel storage casks to
allow power reactor licensees to store
spent fuel at reactor sites in casks with
the approved modifications under a
general license. Specifically, Renewed
Amendment No. 16 revises the
certificate of compliance as follows:
• Add a new UVH overpack, HI–
STORM 100 UVH, which includes high
density concrete for shielding. The UVH
is to be used with the MPC–32M and
MPC–68M.
• Include the ability to use the CFD
analysis to evaluate site-specific fire
accident scenario.
• Modify the vent and drain
penetrations to include the option of a
second port cover plate.
• Include the ability to use CFD
analysis to evaluate site-specific burial
under debris accident scenario.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
53001
• Include the ability to use water
without glycol in the HI–TRAC water
jacket during transfer operations below
32 °F based on the site-specific MPC
total heat loads.
• Change the hydrostatic pressure test
of the MPC acceptance criteria to be
examination for leakage only. Remove
post hydrostatic test liquid penetrant
and magnetic particle examination.
• Reduce the minimum cooling time
for pressurized water reactor fuel from
2 years to 1 year.
Renewed Amendment No. 16 also
revises the final safety analysis report
(FSAR) appendix 1.D, Specification for
Plain Concrete in the HI–STORM
Family of Overpacks, to enhance certain
requirements, to add certain revised
shielding assumptions following a
significant thermal event, and to add
critical characteristics for concrete
employed in the HI–STORM 100 UVH
System. Renewed Amendment No. 16
replaces the fuel qualification tables in
the FSAR, chapter 2, and in the CoC,
including the equation for calculation of
the maximum allowable burnup as a
function of the cooling time and cooling
time dependent coefficients, with
simpler sets of burnup and cooling time
limits.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Renewed Amendment No. 16 tiers off of
the environmental assessment for the
July 18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
Holtec International HI–STORM 100
Cask System is designed to mitigate the
effects of design basis accidents that
could occur during storage. Design basis
accidents account for human-induced
events and the most severe natural
phenomena reported for the site and
surrounding area. Postulated accidents
analyzed for an independent spent fuel
storage installation, the type of facility
at which a holder of a power reactor
operating license would store spent fuel
in casks in accordance with 10 CFR part
72, can include tornado winds and
tornado-generated missiles, a design
basis earthquake, a design basis flood,
an accidental cask drop, lightning
E:\FR\FM\25JNR1.SGM
25JNR1
53002
Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Rules and Regulations
effects, fire, explosions, and other
incidents.
This amendment does not reflect a
significant change in design or
fabrication of the cask. Because there are
no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Renewed
Amendment No. 16 would remain well
within the 10 CFR part 20 limits. The
NRC has also determined that the design
of the cask as modified by this rule
would maintain confinement, shielding,
and criticality control in the event of an
accident. Therefore, the proposed
changes will not result in any
radiological or non-radiological
environmental impacts that significantly
differ from the environmental impacts
evaluated in the environmental
assessment supporting the July 18, 1990,
final rule. There will be no significant
change in the types or significant
revisions in the amounts of any effluent
released, no significant increase in the
individual or cumulative radiation
exposures, and no significant increase
in the potential for, or consequences
from, radiological accidents. The NRC
documented its safety findings in the
preliminary safety evaluation report.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in the National
Environmental Policy Act of 1969, as
amended, and the NRC’s regulations in
subpart A of 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions.’’ Based on the
foregoing environmental assessment, the
NRC concludes that this direct final
rule, ‘‘List of Approved Spent Fuel
Storage Casks: Holtec International HI–
STORM 100 Cask System, Certificate of
Compliance No. 1014, Renewed
Amendment No. 16,’’ will not have a
significant effect on the human
environment. Therefore, the NRC has
determined that an environmental
impact statement is not necessary for
this direct final rule.
D. Alternative to the Action
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.
The alternative to this action is to
deny approval of Renewed Amendment
No. 16 and not issue the direct final
rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into Holtec International
HI–STORM 100 Cask System in
accordance with the changes described
in proposed Renewed Amendment No.
16 would have to request an exemption
from the requirements of §§ 72.212 and
72.214. Under this alternative,
interested licensees would have to
prepare, and the NRC would have to
review, a separate exemption request,
thereby increasing the administrative
burden upon the NRC and the costs to
each licensee. The environmental
impacts would be the same as the
proposed action.
khammond on DSKJM1Z7X2PROD with RULES
E. Alternative Use of Resources
Approval of Renewed Amendment
No. 16 to Certificate of Compliance No.
1014 would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
VerDate Sep<11>2014
15:54 Jun 24, 2024
Jkt 262001
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.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and Holtec International.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (§ 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if (1)
it notifies the NRC in advance; (2) the
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
spent fuel is stored under the conditions
specified in the cask’s certificate of
compliance; and (3) the conditions of
the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On May 31, 2000 (65 FR
25241), the NRC issued an amendment
to 10 CFR part 72 that approved the HI–
STORM 100 Cask System by adding it
to the list of NRC-approved cask designs
in § 72.214.
March 9, 2021, as supplemented on
August 11, 2021, August 31, 2022,
September 9, 2022, October 3, 2022,
January 4, 2023, January 5, 2023,
January 13, 2023, March 17, 2023, and
September 20, 2023, Holtec
International submitted a request to
amend the HI–STORM 100 Cask System
as described in Section IV, ‘‘Discussion
of Changes,’’ of this document.
The alternative to this action is to
withhold approval of Renewed
Amendment No. 16 and to require any
10 CFR part 72 general licensee seeking
to load spent nuclear fuel into Holtec
International HI–STORM 100 Cask
System under the changes described in
Renewed Amendment No. 16 to request
an exemption from the requirements of
§§ 72.212 and 72.214. Under this
alternative, each interested 10 CFR part
72 licensee would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary safety evaluation report and
environmental assessment, this direct
final rule will have no adverse effect on
public health and safety or the
environment. This direct final rule has
no significant identifiable impact or
benefit on other government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
this direct final rule are commensurate
with the NRC’s responsibilities for
public health and safety and the
common defense and security. No other
available alternative is believed to be as
satisfactory; therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (§ 72.62) does not apply to
this direct final rule. Therefore, a backfit
analysis is not required. This direct final
rule revises Certificate of Compliance
No. 1014 for the Holtec International
HI–STORM 100 Cask System, as
currently listed in § 72.214. The revision
consists of the changes in Renewed
Amendment No. 16 previously
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Rules and Regulations
described, as set forth in the revised
certificate of compliance and technical
specifications.
Renewed Amendment No. 16 to
Certificate of Compliance No. 1014 for
the Holtec International HI–STORM 100
Cask System was initiated by Holtec
International and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Renewed Amendment No. 16 applies
only to new casks fabricated and used
under Renewed Amendment No. 16.
These changes do not affect existing
users of the Holtec International HI–
STORM 100 Cask System, and the
current Amendment No. 15 continues to
be effective for existing users. While
current users of this storage system may
comply with the new requirements in
Renewed Amendment No. 16, this
would be a voluntary decision on the
part of current users.
For these reasons, Renewed
Amendment No. 16 to Certificate of
Compliance No. 1014 does not
constitute backfitting under § 72.62 or
§ 50.109(a)(1), or otherwise represent an
inconsistency with the issue finality
provisions applicable to combined
53003
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./web
link/Federal Register
citation
Document
Amendment Request Documents
Holtec International, Submittal of HI–STORM 100 Multipurpose Canister Storage System Amendment 16 Request,
dated March 9, 2021.
HI–STORM 100 Amendment 16 Responses to Requests for Supplemental Information, dated August 11, 2021 ......
HI–STORM 100 Amendment 16 Responses to Requests for Additional Information (Batches 1 and 2), dated August 31, 2022.
Holtec International, HI–STORM 100 Amendment 16 Responses to Requests for Additional Information (Batch 2),
dated September 9, 2022.
HI–STORM 100 Amendment 16 Responses to Requests for Additional Information (Batch 3), dated October 3,
2022.
Holtec International, HI–STORM 100 Amendment 16 Responses to Requests for Additional Information (Batch 4),
dated January 4, 2023.
Holtec International, HI–STORM 100 Amendment 16 Responses to Requests for Additional Information (Batch
4)—Additional Supporting Document, dated January 5, 2023.
Holtec International, HI–STORM 100 Amendment 16 Responses to Requests for Additional Information (Batch 5),
dated January 13, 2023.
HI–STORM 100 Amendment 16 RAI 3–3 Clarification, dated March 17, 2023 ............................................................
HI–STORM 100 Amendment 16 Responses to Second Round Requests for Additional Information, dated September 20, 2023.
Holtec International—HI–STORM 100 Multipurpose Canister Storage System Amendment 19, dated February 17,
2022.
ML21068A360 (package).
ML21223A045 (package).
ML22243A269 (package).
ML22249A347 (package).
ML22276A286 (package).
ML23005A000 (package).
ML23005A273 (package).
ML23013A337 (package).
ML23076A271 (package).
ML23263B122 (package).
ML22048C222.
Technical Specifications
Proposed
Proposed
Proposed
Proposed
Proposed
Proposed
Proposed
Certificate of Compliance No. 1014, Amendment 16 ....................................................................................
Technical Specifications, Appendix A, Certificate of Compliance No. 1014, Amendment 16 ......................
Technical Specifications, Appendix B, Certificate of Compliance No. 1014, Amendment 16 ......................
Technical Specifications, Appendix C, Certificate of Compliance No. 1014, Amendment 16 ......................
Technical Specifications, Appendix D, Certificate of Compliance No. 1014, Amendment 16 ......................
Technical Specifications, Appendix A–100U, Certificate of Compliance No. 1014, Amendment 16 ............
Technical Specifications, Appendix B–100U, Certificate of Compliance No. 1014, Amendment 16 ............
ML23123A104.
ML23123A105.
ML23123A106.
ML23123A107.
ML23123A108.
ML23123A109.
ML23123A110.
Preliminary Safety Evaluation Report
Preliminary Certificate of Compliance 1014 Amendment 16 Safety Evaluation Report ................................................
ML23123A112.
Additional Documents
khammond on DSKJM1Z7X2PROD with RULES
Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18,
1990.
Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition,’’ published May 1, 2000
Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18,
2017.
Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ................................
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–2024–0041. In
addition, the Federal rulemaking
VerDate Sep<11>2014
16:35 Jun 24, 2024
Jkt 262001
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2024–0041); (2) click the ‘‘Subscribe’’
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
55 FR 29181.
65 FR 25241.
82 FR 48535.
63 FR 31885.
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
E:\FR\FM\25JNR1.SGM
25JNR1
53004
Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Rules and Regulations
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. 1014 is revised to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000, superseded by Renewed Initial
Certificate Effective Date: August 2,
2023.
Amendment Number 1 Effective Date:
July 15, 2002, superseded by Renewed
Amendment Number 1 Effective Date:
August 2, 2023.
Amendment Number 2 Effective Date:
June 7, 2005, superseded by Renewed
Amendment Number 2 Effective Date:
August 2, 2023.
Amendment Number 3 Effective Date:
May 29, 2007, superseded by Renewed
Amendment Number 3 Effective Date:
August 2, 2023.
Amendment Number 4 Effective Date:
January 8, 2008, superseded by
Renewed Amendment Number 4
Effective Date: August 2, 2023.
Amendment Number 5 Effective Date:
July 14, 2008, superseded by Renewed
VerDate Sep<11>2014
15:54 Jun 24, 2024
Jkt 262001
Amendment Number 5 Effective Date:
August 2, 2023.
Amendment Number 6 Effective Date:
August 17, 2009, superseded by
Renewed Amendment Number 6
Effective Date: August 2, 2023.
Amendment Number 7 Effective Date:
December 28, 2009, superseded by
Renewed Amendment Number 7
Effective Date: August 2, 2023.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170); superseded by
Amendment Number 8, Revision 1,
Effective Date: February 16, 2016;
superseded by Renewed Amendment
Number 8, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected on August 25, 2017 (ADAMS
Accession No. ML17236A451);
superseded by Renewed Amendment
Number 9, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 10 Effective
Date: May 31, 2016, as corrected on
August 25, 2017 (ADAMS Accession
No. ML17236A452); superseded by
Renewed Amendment Number 10
Effective Date: August 2, 2023.
Amendment Number 11 Effective
Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024);
superseded by Renewed Amendment
Number 11 Effective Date: August 2,
2023.
Amendment Number 12 Effective
Date: February 25, 2019, as corrected on
May 30, 2019 (ADAMS Accession No.
ML19109A111); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343A908); superseded by
Renewed Amendment Number 12
Effective Date: August 2, 2023.
Amendment Number 13 Effective
Date: May 13, 2019, as corrected on May
30, 2019 (ADAMS Accession No.
ML19109A122); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343B156); superseded by
Renewed Amendment Number 13
Effective Date: August 2, 2023.
Amendment Number 14 Effective
Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287);
superseded by Renewed Amendment
Number 14 Effective Date: August 2,
2023.
Amendment Number 15 Effective
Date: June 14, 2021, superseded by
Renewed Amendment Number 15
Effective Date: August 2, 2023.
Renewed Amendment Number 16
Effective Date: September 9, 2024.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Renewed Amendment Number 17
Effective Date: January 16, 2024.
Safety Analysis Report (SAR)
Submitted by: Holtec International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Renewed Certificate Expiration Date:
May 31, 2060.
Model Number: HI–STORM 100.
*
*
*
*
*
Dated: June 7, 2024.
For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024–13984 Filed 6–24–24; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
12 CFR Part 1807
RIN 1559–AA03
Capital Magnet Fund
Community Development
Financial Institutions Fund, Department
of the Treasury.
ACTION: Interim rule with request for
public comment.
AGENCY:
The Department of the
Treasury is issuing a revised interim
rule implementing the Capital Magnet
Fund (CMF), administered by the
Community Development Financial
Institutions Fund (CDFI Fund). This
revised interim rule incorporates,
among other things: revisions to certain
definitions and CMF program
requirements to improve the public’s
understanding and streamline the
administration of CMF program
requirements; revisions to project level
requirements to better align CMF with
other Federal housing programs;
programmatic updates to address
current business practices in the
affordable housing industry; and
consolidation of Economic Development
Activities under a new section for a
more comprehensive articulation of the
criteria. This revised interim rule also
reflects requirements set forth in a final
rule, Uniform Administrative
Requirements, Cost Principles and
Audit Requirements for Federal Awards,
adopted by the Department of the
Treasury on December 19, 2014
(hereafter referred to as the Uniform
Administrative Requirements).
SUMMARY:
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Rules and Regulations]
[Pages 52999-53004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13984]
========================================================================
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. 89, No. 122 / Tuesday, June 25, 2024 / Rules
and Regulations
[[Page 52999]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0041]
RIN 3150-AL08
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed
Amendment No. 16
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International HI-
STORM 100 Cask System listing within the ``List of approved spent fuel
storage casks'' to include Renewed Amendment No. 16 to Certificate of
Compliance No. 1014. Renewed Amendment No. 16 revises the certificate
of compliance to add a new overpack, include the ability to use
computational fluid dynamics analysis to evaluate site-specific
accident scenarios, modify the cask design, modify operational and
testing requirements, and make changes to the final safety analysis
report.
DATES: This direct final rule is effective September 9, 2024, unless
significant adverse comments are received by July 25, 2024. 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-2024-0041,
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. You can read a plain language description of
this direct final rule at https://www.regulations.gov/docket/NRC-2024-0041. 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: Alexandra Terres, Office of Nuclear
Materials Safety and Safeguards, telephone: 301-415-7000, email:
[email protected] and Yen-Ju Chen, Office of Nuclear Materials
Safety and Safeguards, telephone: 301-415-1018, 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-2024-0041 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-2024-0041. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3228,
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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
Holidays.
B. Submitting Comments
Please include Docket ID NRC-2024-0041 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information
[[Page 53000]]
before making the comment submissions available to the public or
entering the comment into ADAMS.
II. Rulemaking Procedure
This rule is limited to changes contained in Renewed Amendment No.
16 to Certificate of Compliance No. 1014 and does not include other
aspects of the HI-STORM 100 Cask System design. The NRC is using the
``direct final rule procedure'' to issue this amendment because it
represents a limited and routine change to an existing certificate of
compliance that is expected to be non-controversial. Adequate
protection of public health and safety continues to be reasonably
assured. The amendment to the rule will become effective on September
9, 2024. However, if the NRC receives any significant adverse comment
on this direct final rule by July 25, 2024, 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 ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241), that approved the HI-STORM 100 Cask System
design and added it to the list of NRC-approved cask designs in Sec.
72.214 as Certificate of Compliance No. 1014.
IV. Discussion of Changes
On March 9, 2021, Holtec International submitted a request to the
NRC to amend Certificate of Compliance No. 1014 for the HI-STORM 100
Cask System. Holtec International supplemented its request on the
following dates: August 11, 2021, August 31, 2022, September 9, 2022,
October 3, 2022, January 4, 2023, January 5, 2023, January 13, 2023,
March 17, 2023, and September 20, 2023. On February 17, 2022, Holtec
International requested to remove the certificate of compliance (CoC)
reorganization, also known as graded approach, from this amendment.\1\
The Renewed Amendment No. 16 revises the certificate of compliance to:
---------------------------------------------------------------------------
\1\ On May 6, 2021, Holtec submitted a request for Amendment No.
16 to CoC No. 1014 (Package ML21126A266, incoming letter ML
21126A267), which included the CoC reorganization, known as graded
approach. On February 17, 2022, Holtec requested to remove the
graded approach from Amendment No. 16 (ML22048C221). Therefore, this
direct final rule, and its companion proposed rule only address
Amendment No. 16 to CoC No. 1014, as updated.
---------------------------------------------------------------------------
Add a new unventilated high density (UVH) overpack, HI-
STORM 100 UVH, which includes high density concrete for shielding. The
UVH is to be used with the MPC-32M and MPC-68M.
Include the ability to use the computational fluid
dynamics (CFD) analysis to evaluate site-specific fire accident
scenario.
Modify the vent and drain penetrations to include the
option of a second port cover plate.
Include the ability to use CFD analysis to evaluate site-
specific burial under debris accident scenario.
Include the ability to use water without glycol in the HI-
TRAC water jacket during transfer operations below 32 [deg]F based on
the site-specific MPC total heat loads.
Change the hydrostatic pressure test of the MPC acceptance
criteria to be examination for leakage only.
Remove post hydrostatic test liquid penetrant and magnetic
particle examination.
Reduce the minimum cooling time for pressurized water
reactor fuel from 2 years to 1 year.
Renewed Amendment No. 16 also revises the final safety analysis
report (FSAR), appendix 1.D, Specification for Plain Concrete in the
HI-STORM Family of Overpacks, to enhance certain requirements, to add
certain revised shielding assumptions following a significant thermal
event, and to add critical characteristics for concrete employed in the
HI-STORM 100 UVH System. Renewed Amendment No. 16 replaces the fuel
qualification tables in the FSAR, chapter 2, and in the CoC, including
the equation for calculation of the maximum allowable burnup as a
function of the cooling time and cooling time dependent coefficients,
with simpler sets of burnup and cooling time limits.
The changes to the aforementioned documents are identified with
revisions bars in the margin of each document.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of
[[Page 53001]]
the cask would continue to maintain confinement, shielding, and
criticality control in the event of each evaluated accident condition.
In addition, any resulting occupational exposure or offsite dose rates
from the implementation of Renewed Amendment No. 16 would remain well
within the limits specified by 10 CFR part 20, ``Standards for
Protection Against Radiation.'' Therefore, the NRC found there will be
no significant change in the types or amounts of any effluent released,
no significant increase in the individual or cumulative radiation
exposure, and no significant increase in the potential for or
consequences from radiological accidents.
The NRC staff determined that the amended Holtec International HI-
STORM 100 Cask System cask design, when used under the conditions
specified in the certificate of compliance, the technical
specifications, and the NRC's regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate protection of public health and
safety will continue to be reasonably assured. When this direct final
rule becomes effective, persons who hold a general license under Sec.
72.210 may, consistent with the license conditions under Sec. 72.212,
load spent nuclear fuel into HI-STORM 100 casks that meet the criteria
of Renewed Amendment No. 16 of Certificate of Compliance No. 1014.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC revises the
Holtec International HI-STORM 100 Cask System design listed in Sec.
72.214, ``List of approved spent fuel storage casks.'' This action does
not constitute the establishment of a standard that contains generally
applicable requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR
chapter I. Therefore, compatibility is not required for program
elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Renewed Amendment No. 16
to Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
Holtec International HI-STORM 100 Cask System design within the list of
approved spent fuel storage casks to allow power reactor licensees to
store spent fuel at reactor sites in casks with the approved
modifications under a general license. Specifically, Renewed Amendment
No. 16 revises the certificate of compliance as follows:
Add a new UVH overpack, HI-STORM 100 UVH, which includes
high density concrete for shielding. The UVH is to be used with the
MPC-32M and MPC-68M.
Include the ability to use the CFD analysis to evaluate
site-specific fire accident scenario.
Modify the vent and drain penetrations to include the
option of a second port cover plate.
Include the ability to use CFD analysis to evaluate site-
specific burial under debris accident scenario.
Include the ability to use water without glycol in the HI-
TRAC water jacket during transfer operations below 32 [deg]F based on
the site-specific MPC total heat loads.
Change the hydrostatic pressure test of the MPC acceptance
criteria to be examination for leakage only. Remove post hydrostatic
test liquid penetrant and magnetic particle examination.
Reduce the minimum cooling time for pressurized water
reactor fuel from 2 years to 1 year.
Renewed Amendment No. 16 also revises the final safety analysis
report (FSAR) appendix 1.D, Specification for Plain Concrete in the HI-
STORM Family of Overpacks, to enhance certain requirements, to add
certain revised shielding assumptions following a significant thermal
event, and to add critical characteristics for concrete employed in the
HI-STORM 100 UVH System. Renewed Amendment No. 16 replaces the fuel
qualification tables in the FSAR, chapter 2, and in the CoC, including
the equation for calculation of the maximum allowable burnup as a
function of the cooling time and cooling time dependent coefficients,
with simpler sets of burnup and cooling time limits.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Renewed Amendment No. 16 tiers off of
the environmental assessment for the July 18, 1990, final rule. Tiering
on past environmental assessments is a standard process under the
National Environmental Policy Act of 1969, as amended.
Holtec International HI-STORM 100 Cask System is designed to
mitigate the effects of design basis accidents that could occur during
storage. Design basis accidents account for human-induced events and
the most severe natural phenomena reported for the site and surrounding
area. Postulated accidents analyzed for an independent spent fuel
storage installation, the type of facility at which a holder of a power
reactor operating license would store spent fuel in casks in accordance
with 10 CFR part 72, can include tornado winds and tornado-generated
missiles, a design basis earthquake, a design basis flood, an
accidental cask drop, lightning
[[Page 53002]]
effects, fire, explosions, and other incidents.
This amendment does not reflect a significant change in design or
fabrication of the cask. Because there are no significant design or
process changes, any resulting occupational exposure or offsite dose
rates from the implementation of Renewed Amendment No. 16 would remain
well within the 10 CFR part 20 limits. The NRC has also determined that
the design of the cask as modified by this rule would maintain
confinement, shielding, and criticality control in the event of an
accident. Therefore, the proposed changes will not result in any
radiological or non-radiological environmental impacts that
significantly differ from the environmental impacts evaluated in the
environmental assessment supporting the July 18, 1990, final rule.
There will be no significant change in the types or significant
revisions in the amounts of any effluent released, no significant
increase in the individual or cumulative radiation exposures, and no
significant increase in the potential for, or consequences from,
radiological accidents. The NRC documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Renewed
Amendment No. 16 and not issue the direct final rule. Consequently, any
10 CFR part 72 general licensee that seeks to load spent nuclear fuel
into Holtec International HI-STORM 100 Cask System in accordance with
the changes described in proposed Renewed Amendment No. 16 would have
to request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee. The environmental impacts would be the same
as the proposed action.
E. Alternative Use of Resources
Approval of Renewed Amendment No. 16 to Certificate of Compliance
No. 1014 would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule, ``List of
Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100
Cask System, Certificate of Compliance No. 1014, Renewed Amendment No.
16,'' will not have a significant effect on the human environment.
Therefore, the NRC has determined that an environmental impact
statement is not necessary for this direct final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
Holtec International. These entities do not fall within the scope of
the definition of small entities set forth in the Regulatory
Flexibility Act or the size standards established by the NRC (Sec.
2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if (1) it notifies the NRC in advance; (2) the spent fuel
is stored under the conditions specified in the cask's certificate of
compliance; and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On May
31, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72
that approved the HI-STORM 100 Cask System by adding it to the list of
NRC-approved cask designs in Sec. 72.214.
March 9, 2021, as supplemented on August 11, 2021, August 31, 2022,
September 9, 2022, October 3, 2022, January 4, 2023, January 5, 2023,
January 13, 2023, March 17, 2023, and September 20, 2023, Holtec
International submitted a request to amend the HI-STORM 100 Cask System
as described in Section IV, ``Discussion of Changes,'' of this
document.
The alternative to this action is to withhold approval of Renewed
Amendment No. 16 and to require any 10 CFR part 72 general licensee
seeking to load spent nuclear fuel into Holtec International HI-STORM
100 Cask System under the changes described in Renewed Amendment No. 16
to request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, each interested 10 CFR part 72 licensee
would have to prepare, and the NRC would have to review, a separate
exemption request, thereby increasing the administrative burden upon
the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, this direct final rule will have
no adverse effect on public health and safety or the environment. This
direct final rule has no significant identifiable impact or benefit on
other government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (Sec. 72.62) does not
apply to this direct final rule. Therefore, a backfit analysis is not
required. This direct final rule revises Certificate of Compliance No.
1014 for the Holtec International HI-STORM 100 Cask System, as
currently listed in Sec. 72.214. The revision consists of the changes
in Renewed Amendment No. 16 previously
[[Page 53003]]
described, as set forth in the revised certificate of compliance and
technical specifications.
Renewed Amendment No. 16 to Certificate of Compliance No. 1014 for
the Holtec International HI-STORM 100 Cask System was initiated by
Holtec International and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Renewed Amendment No. 16
applies only to new casks fabricated and used under Renewed Amendment
No. 16. These changes do not affect existing users of the Holtec
International HI-STORM 100 Cask System, and the current Amendment No.
15 continues to be effective for existing users. While current users of
this storage system may comply with the new requirements in Renewed
Amendment No. 16, this would be a voluntary decision on the part of
current users.
For these reasons, Renewed Amendment No. 16 to Certificate of
Compliance No. 1014 does not constitute backfitting under Sec. 72.62
or Sec. 50.109(a)(1), or otherwise represent an inconsistency with the
issue finality provisions applicable to combined licenses in 10 CFR
part 52. Accordingly, the NRC 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./web link/Federal Register
Document citation
----------------------------------------------------------------------------------------------------------------
Amendment Request Documents
----------------------------------------------------------------------------------------------------------------
Holtec International, Submittal of HI-STORM 100 ML21068A360 (package).
Multipurpose Canister Storage System Amendment 16 Request,
dated March 9, 2021.
HI-STORM 100 Amendment 16 Responses to Requests for ML21223A045 (package).
Supplemental Information, dated August 11, 2021.
HI-STORM 100 Amendment 16 Responses to Requests for ML22243A269 (package).
Additional Information (Batches 1 and 2), dated August 31,
2022.
Holtec International, HI-STORM 100 Amendment 16 Responses ML22249A347 (package).
to Requests for Additional Information (Batch 2), dated
September 9, 2022.
HI-STORM 100 Amendment 16 Responses to Requests for ML22276A286 (package).
Additional Information (Batch 3), dated October 3, 2022.
Holtec International, HI-STORM 100 Amendment 16 Responses ML23005A000 (package).
to Requests for Additional Information (Batch 4), dated
January 4, 2023.
Holtec International, HI-STORM 100 Amendment 16 Responses ML23005A273 (package).
to Requests for Additional Information (Batch 4)--
Additional Supporting Document, dated January 5, 2023.
Holtec International, HI-STORM 100 Amendment 16 Responses ML23013A337 (package).
to Requests for Additional Information (Batch 5), dated
January 13, 2023.
HI-STORM 100 Amendment 16 RAI 3-3 Clarification, dated ML23076A271 (package).
March 17, 2023.
HI-STORM 100 Amendment 16 Responses to Second Round ML23263B122 (package).
Requests for Additional Information, dated September 20,
2023.
Holtec International--HI-STORM 100 Multipurpose Canister ML22048C222.
Storage System Amendment 19, dated February 17, 2022.
----------------------------------------------------------------------------------------------------------------
Technical Specifications
----------------------------------------------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1014, Amendment 16.. ML23123A104.
Proposed Technical Specifications, Appendix A, Certificate ML23123A105.
of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix B, Certificate ML23123A106.
of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix C, Certificate ML23123A107.
of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix D, Certificate ML23123A108.
of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix A-100U, ML23123A109.
Certificate of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix B-100U, ML23123A110.
Certificate of Compliance No. 1014, Amendment 16.
----------------------------------------------------------------------------------------------------------------
Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Certificate of Compliance 1014 Amendment 16 ML23123A112.
Safety Evaluation Report.
----------------------------------------------------------------------------------------------------------------
Additional Documents
----------------------------------------------------------------------------------------------------------------
Final Rule, ``Storage of Spent Fuel in NRC-Approved Storage 55 FR 29181.
Casks at Power Reactor Sites,'' published July 18, 1990.
Final Rule, ``List of Approved Spent Fuel Storage Casks: 65 FR 25241.
Holtec HI-STORM 100 Addition,'' published May 1, 2000.
Revision to Policy Statement, ``Agreement State Program 82 FR 48535.
Policy Statement; Correction,'' published October 18, 2017.
Presidential Memorandum, ``Plain Language in Government 63 FR 31885.
Writing,'' published June 10, 1998.
----------------------------------------------------------------------------------------------------------------
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-2024-0041. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2024-0041); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
[[Page 53004]]
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance No. 1014 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000, superseded by
Renewed Initial Certificate Effective Date: August 2, 2023.
Amendment Number 1 Effective Date: July 15, 2002, superseded by
Renewed Amendment Number 1 Effective Date: August 2, 2023.
Amendment Number 2 Effective Date: June 7, 2005, superseded by
Renewed Amendment Number 2 Effective Date: August 2, 2023.
Amendment Number 3 Effective Date: May 29, 2007, superseded by
Renewed Amendment Number 3 Effective Date: August 2, 2023.
Amendment Number 4 Effective Date: January 8, 2008, superseded by
Renewed Amendment Number 4 Effective Date: August 2, 2023.
Amendment Number 5 Effective Date: July 14, 2008, superseded by
Renewed Amendment Number 5 Effective Date: August 2, 2023.
Amendment Number 6 Effective Date: August 17, 2009, superseded by
Renewed Amendment Number 6 Effective Date: August 2, 2023.
Amendment Number 7 Effective Date: December 28, 2009, superseded by
Renewed Amendment Number 7 Effective Date: August 2, 2023.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Amendment Number 8, Revision 1, Effective Date: February 16, 2016;
superseded by Renewed Amendment Number 8, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as
corrected on August 25, 2017 (ADAMS Accession No. ML17236A451);
superseded by Renewed Amendment Number 9, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 10 Effective Date: May 31, 2016, as corrected on
August 25, 2017 (ADAMS Accession No. ML17236A452); superseded by
Renewed Amendment Number 10 Effective Date: August 2, 2023.
Amendment Number 11 Effective Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024); superseded by Renewed Amendment
Number 11 Effective Date: August 2, 2023.
Amendment Number 12 Effective Date: February 25, 2019, as corrected
on May 30, 2019 (ADAMS Accession No. ML19109A111); further corrected
December 23, 2019 (ADAMS Accession No. ML19343A908); superseded by
Renewed Amendment Number 12 Effective Date: August 2, 2023.
Amendment Number 13 Effective Date: May 13, 2019, as corrected on
May 30, 2019 (ADAMS Accession No. ML19109A122); further corrected
December 23, 2019 (ADAMS Accession No. ML19343B156); superseded by
Renewed Amendment Number 13 Effective Date: August 2, 2023.
Amendment Number 14 Effective Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287); superseded by Renewed Amendment
Number 14 Effective Date: August 2, 2023.
Amendment Number 15 Effective Date: June 14, 2021, superseded by
Renewed Amendment Number 15 Effective Date: August 2, 2023.
Renewed Amendment Number 16 Effective Date: September 9, 2024.
Renewed Amendment Number 17 Effective Date: January 16, 2024.
Safety Analysis Report (SAR) Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Renewed Certificate Expiration Date: May 31, 2060.
Model Number: HI-STORM 100.
* * * * *
Dated: June 7, 2024.
For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-13984 Filed 6-24-24; 8:45 am]
BILLING CODE 7590-01-P
