[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49887-49892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20141]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 /
Rules and Regulations
[[Page 49887]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0233]
RIN 3150-AJ47
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 8, Revision 1
AGENCY: Nuclear Regulatory Commission.
ACTION: 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 add Revision 1 to Amendment No. 8 (effective May 2,
2012, as corrected on November 16, 2012), to the Certificate of
Compliance (CoC) No. 1014. Amendment No. 8, Revision 1, changes burnup/
cooling time limits for thimble plug devices, changes Metamic-HT
material testing requirements, changes Metamic-HT material minimum
guaranteed values, and updates fuel definitions to allow boiling water
reactor fuel affected by certain corrosion mechanisms with specific
guidelines to be classified as undamaged fuel.
DATES: This final rule is effective on February 16, 2016.
ADDRESSES: Please refer to Docket ID NRC-2014-0233 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0233. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then 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 at the NRC's PDR, Room O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-8342; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion of Changes
III. Public Comment Analysis
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the 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 NWPA
states, in part, that ``[the Commission] shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 219(a) [sic: 218(a)] for use at the site of
any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel (SNF) in NRC-approved casks under a general license
by publishing a final rule in part 72 of Title 10 of the Code of
Federal Regulations (10 CFR), which added a new subpart K within 10 CFR
part 72 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 Holtec International HI-STORM 100 Cask System design and
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as
CoC No. 1014.
The NRC published a direct final rule on this revision to this
amendment in the Federal Register on February 5, 2015 (80 FR 6430). The
NRC also concurrently published a companion proposed rule on February
5, 2015 (80 FR 6466). The NRC received at least one significant adverse
comment on the proposed rule; therefore, the NRC withdrew the direct
final rule on April 20, 2015 (80 FR 21639), and is proceeding, in this
document, to address the comments on the proposed rule (see Section
III, ``Public Comment Analysis,'' of this document).
II. Discussion of Changes
By letter dated August 21, 2013, and as supplemented on December
20, 2013, and February 28, 2014, Holtec International submitted a
revision request for the Holtec International HI-STORM 100 Cask System,
CoC No. 1014, Amendment No. 8. As a revision, the CoC will supersede
the previous version of the CoC and Technical
[[Page 49888]]
Specifications (TSs) that were effective May 2, 2012, as corrected on
November 16, 2012, in their entirety. Amendment No. 8, Revision 1,
changes burnup/cooling time limits for thimble plug devices, changes
Metamic-HT material testing requirements, changes Metamic-HT material
minimum guaranteed values, and updates fuel definitions to allow
boiling water reactor fuel affected by certain corrosion mechanisms
within specific guidelines to be classified as undamaged fuel.
As documented in the safety evaluation report (SER), the NRC staff
performed a detailed safety evaluation of the proposed CoC amendment
request. There are no significant changes to cask design requirements
in the proposed CoC amendment. Considering the specific design
requirements for each accident condition, the design of the cask would
prevent loss of containment, shielding, and criticality control. If
there is no loss of containment, shielding, or criticality control, the
environmental impacts would not be significant. This revision does not
reflect a significant change in design or fabrication of the cask. In
addition, any resulting occupational exposure or offsite dose rates
from the implementation of Amendment No. 8, Revision 1, would remain
well within the 10 CFR part 20 limits. Therefore, the proposed CoC
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 amounts of any effluent released, no significant increase in
individual or cumulative radiation exposure and no significant increase
in the potential for or consequences of radiological accidents.
This final rule revises the Holtec International HI-STORM 100 Cask
System listing in 10 CFR 72.214 by adding Amendment No. 8, Revision 1,
to CoC No. 1014. The revision consists of the changes previously
described, as set forth in the revised CoC and TSs. The revised TSs are
identified in the SER. The revised Holtec International HI-STORM 100
Cask System design, when used under the conditions specified in the
CoC, the TSs, 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 ensured. When this final rule becomes
effective, persons who hold a general license under 10 CFR 72.210 may
load SNF into the Holtec International HI-STORM 100 Cask Systems that
meets the criteria of Amendment No. 8, Revision 1, to CoC No. 1014
under 10 CFR 72.212.
III. Public Comment Analysis
The NRC received 16 comments from private citizens on the companion
proposed rule to the direct final rule published on February 5, 2015.
The NRC has not made any changes to the TSs or SER as a result of the
public comments that the NRC has received. The NRC has, however,
extended the effective date of the CoC in response to a comment.
Summary of Comments
The NRC received 16 comments on the companion proposed rule, many
raising multiple and overlapping issues. Because the NRC received at
least one significant adverse comment on the proposed rule (raising
issues that the NRC deemed serious enough to warrant a substantive
response to clarify the record), the NRC withdrew the direct final rule
and is responding to the comments here. Other comments were not
considered to be significant adverse comments because, in most
instances, they were beyond the scope of this rulemaking. Nonetheless,
in addition to responding to the issues raised in the significant
adverse comments, the NRC is also taking this opportunity to respond to
some of the issues raised in the comments that are beyond the scope of
this rulemaking in order to clarify information about the CoC
rulemaking process related to the comments received. The comments are
summarized by issue and the NRC's responses follow.
Issue 1--Storage of Spent Nuclear Fuel
Several comments objected to the storage of SNF at the Indian Point
nuclear plant and its proximity to New York City, and other comments
objected to the storage of SNF, at any location, without a final
repository approved.
NRC Response
The concern of SNF storage at the Indian Point nuclear plant, as
well as the concern regarding the need for a final repository, are
generic in nature and are not applicable to the HI-STORM Cask System,
Amendment No. 8, Revision 1. This rulemaking is limited to allowing
persons who hold a general license under 10 CFR 72.210 to load SNF into
the Holtec International HI-STORM 100 Cask Systems if doing so meets
the criteria of Amendment No. 8, Revision 1, to CoC No. 1014 under 10
CFR 72.212.
Issue 2--Change in Definition
Some comments also questioned the NRC's approval that SNF with
certain types of corrosion fit within the definition of undamaged fuel.
Some comments indicated that there was no explanation for this change
in the definition. Another comment identified the concern with the
change in the definition of undamaged fuel, as well as concerns with a
variety of issues surrounding the manufacturing and use of this Holtec
CoC cask system.
NRC Response
The inclusion of certain types of SNF corrosion in the undamaged
fuel definition was addressed in detail in the NRC staff's SER which
was referenced in the direct final rule published on February 5, 2015
(80 FR 6430), as was the staff's basis for determining that this CoC,
as revised, complies with the NRC's regulations in 10 CFR part 72 and
therefore, the revision ensures adequate protection of public health
and safety. While these comments oppose the rule, they do not raise
relevant or specific issues that were not previously addressed or
considered by the NRC staff.
Issue 3--Other Agencies
One comment questioned why the NRC did not include other agencies
in its Environmental Assessment (EA).
NRC Response
As explained in the direct final rule published on February 5, 2015
(80 FR 6430), the NRC determined that ``the proposed CoC 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 amounts
of any effluent released, no significant increase in individual or
cumulative radiation exposure and no significant increase in the
potential for or consequences of radiological accidents.'' Therefore,
no consultation was deemed necessary.
Issue 4--Time Allowed for Comments
Several comments objected to the time allowed by the NRC to provide
comments on the companion proposed rule.
NRC Response
These comments do not provide any specific adverse comments on the
companion proposed rule. Instead the comments cite concerns with the
process used to issue the certificates. The NRC has determined that the
[[Page 49889]]
amount of time provided for the submission of comments on a rule of
this nature is reasonable, and the comments provide no specific details
that would result in a change to that determination.
Issue 5--Implementation Period
Although not commenting on the technical details of the rule, one
commenter requested that the NRC consider a 180-day implementation
period for the revision to HI-STORM 100 Cask System, Amendment No. 8,
to allow general licensees time to incorporate any applicable
administrative changes.
NRC Response
The NRC determined that this comment is significant and adverse as
defined in Section II, ``Procedural Background,'' of the direct final
rule, because the comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record.
A revision to a CoC amendment supersedes that specific amendment.
Therefore, as the commenter indicates, any general licensee using the
system authorized by this specific CoC amendment would have to update
their records pursuant to 10 CFR 72.212(b)(5) to that of the revised
system by the effective date of this revision.
At the time the application was submitted, according to the
applicant, no casks subject to the amendment had been manufactured, and
therefore, this was not an issue. However, as of February 5, 2015, upon
publication of the direct final rule, several canisters manufactured
under CoC No. 1014, Amendment No. 8 have been purchased and delivered
to Exelon Generation Company, LLC (Exelon Generation), at its Dresden
Nuclear Power Plant.
Given this change in circumstance, the NRC is revising the
effective date of the revision to Amendment No. 8 of CoC 1014 to
February 16, 2016,180 days from August 18, 2015, thereby providing more
time for the general licensee to prepare the necessary paperwork
pursuant to 10 CFR 72.212 before this revision becomes effective.
Because this revision will supersede Amendment No. 8 in its entirety,
the general licensee will have to be in compliance with 10 CFR 72.212
once this revision becomes effective.
IV. 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 final rule, the NRC will revise the
Holtec International HI-STORM 100 Cask System design listing in 10 CFR
72.214. This action does not constitute the establishment of a standard
that contains generally applicable requirements.
V. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this final rule is classified as Compatibility Category
``NRC.'' Compatibility is not required for Category ``NRC''
regulations. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR.
Although an Agreement State may not adopt program elements reserved to
the NRC, it may wish to inform its licensees of certain requirements
via a mechanism that is consistent with the particular State's
administrative procedure laws, but does not confer regulatory authority
on the State.
VI. 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
31883).
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to revise the Holtec
International HI-STORM 100 Cask System design listing within the ``List
of approved spent fuel storage casks'' to revise Amendment No. 8
(effective May 2, 2012, as corrected on November 16, 2012), of CoC No.
1014 by adding Amendment No. 8, Revision 1. Under 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,'' the NRC has
determined that this 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.
B. The Need for the Action
This final rule revises an amendment of the CoC for the Holtec
International HI-STORM 100 Cask System design within the list of
approved spent fuel storage casks that power reactor licensees can use
to store spent fuel at reactor sites under a general license.
Specifically, Amendment No. 8, Revision 1, changes burnup/cooling time
limits for thimble plug devices, changes Metamic-HT material testing
requirements, changes Metamic-HT material minimum guaranteed values,
and updates fuel definitions to allow boiling water reactor fuel
affected by certain corrosion mechanisms within specific guidelines to
be classified as undamaged fuel.
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 initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this CoC addition 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.
The 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 (ISFSI), 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, 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.
Considering the specific design requirements for each accident
condition, the design of the cask would prevent loss of containment,
shielding, and criticality control. If there is no loss of containment,
shielding, or criticality
[[Page 49890]]
control, the environmental impacts would not be significant. This
revision does not reflect a significant change in design or fabrication
of the cask. In addition, because there are no significant design or
production process changes, any resulting occupational exposures or
offsite dose rates from the implementation of Amendment No. 8, Revision
1, would remain well within the 10 CFR part 20 limits. Therefore, the
proposed CoC changes will not result in either 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 amounts of any effluent released, no significant
increase in individual or cumulative radiation exposures, and no
significant increase in the potential for or consequences from
radiological accidents. The NRC staff documented its safety findings in
the SER for this revision.
D. Alternative to the Action
The alternative to this action is to deny approval of the changes
in Amendment No. 8, Revision 1, and terminate the final rule.
Consequently, any 10 CFR part 72 general licensee that seeks to load
SNF into the Holtec International HI-STORM 100 Cask System in
accordance with the changes described in proposed Amendment No. 8,
Revision 1, would have to request an exemption from the requirements of
10 CFR 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 on the
NRC and the cost to each licensee. Therefore, the environmental impacts
would be the same or less than the action.
E. Alternative Use of Resources
Approval of Amendment No. 8, Revision 1, of CoC No. 1014 would
result in no irreversible commitments 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 10 CFR part 51. Based on the foregoing
environmental assessment, the NRC concludes that this final rule
entitled, ``List of Approved Spent Fuel Storage Casks: Holtec
International HI-STORM 100 Cask System, Certificate of Compliance No.
1014, Amendment No. 8, Revision 1,'' will not have a significant effect
on the human environment. Therefore, the NRC has determined that an
environmental impact statement is not necessary for this final rule.
VIII. Paperwork Reduction Act Statement
This rule does not contain any information collection requirements
and, therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 current valid
Office of Management and Budget control number.
IX. 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 SNF under a general license
in cask designs approved by the NRC. Any nuclear power reactor licensee
can use NRC-approved cask designs to store SNF if it notifies the NRC
in advance, the spent fuel is stored under the conditions specified in
the cask's CoC, and the conditions of the general license are met. A
list of NRC-approved cask designs is contained in 10 CFR 72.214. On May
1, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72
that approved the Holtec International HI-STORM 100 Cask System design
by adding it to the list of NRC-approved cask designs in 10 CFR 72.214.
On August 21, 2013, and as supplemented on December 20, 2013, and
February 28, 2014, Holtec International submitted a revision request
for the HI-STORM 100 Cask System, CoC No. 1014, Amendment No. 8, as
described in Section II, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of the
changes requested in Amendment No. 8, Revision 1, and require any 10
CFR part 72 general licensee seeking to load SNF into the Holtec
International HI-STORM 100 Cask System under the changes described in
Amendment No. 8, Revision 1, to request an exemption from the
requirements of 10 CFR 72.212 and 72.214. Under this alternative, each
interested 10 CFR part 72 licensee would have to prepare, and the NRC
would have to review, a separate exemption request, thereby increasing
the administrative burden on the NRC and the costs to each affected
licensee.
Approval of this final rule is consistent with previous NRC
actions. Further, as documented in the SER and the EA, the final rule
will have no adverse effect on public health and safety or the
environment. This 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 the 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, and therefore, this
action is recommended.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this rule will not, if issued, have a significant
economic impact on a substantial number of small entities. This 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 (10 CFR 2.810).
XI. Backfitting and Issue Finality
For the reasons set forth below, the NRC has determined that the
backfit rule (10 CFR 72.62) does not apply to this final rule.
Therefore, a backfit analysis is not required. This final rule revises
CoC No. 1014 for the Holtec International HI-STORM 100 Cask System, as
currently listed in 10 CFR 72.214, ``List of approved spent fuel
storage casks.'' Amendment No. 8, Revision 1, changes burnup/cooling
time limits for thimble plug devices, changes Metamic-HT material
testing requirements, changes Metamic-HT material minimum guaranteed
values, and updates fuel definitions to allow boiling water reactor
fuel affected by certain corrosion mechanisms within specific
guidelines to be classified as undamaged fuel.
At the time the application was submitted, Holtec International
indicated that no casks had been manufactured under this revision, but
as of publication of the direct final rule, casks had been manufactured
and delivered to a general licensee. Although Holtec International has
manufactured some casks under the existing CoC No. 1014, Amendment No.
8 that is being revised by this final rule,
[[Page 49891]]
Holtec International, as the vendor, is not subject to backfitting
protection under 10 CFR 72.62. Moreover, Holtec International requested
the change and has requested to apply it to the existing casks
manufactured under Amendment No. 8. Therefore, even if the vendor were
deemed to be an entity protected from backfitting, this request
represents a voluntary change and is not backfitting for Holtec
International.
Under 10 CFR 72.62, general licensees are entities that are
protected from backfitting, and in this instance, Holtec International
has provided casks under CoC No. 1014, Amendment No. 8, to one general
licensee. General licensees are required, pursuant to 10 CFR 72.212, to
ensure that each cask conforms to the terms, conditions, and
specifications of a CoC, and that each cask can be safely used at the
specific site in question. Because the casks purchased and delivered
under CoC No. 1014 Amendment No. 8, now must be evaluated under 10 CFR
72.212 consistent with the revisions in CoC No. 1014 Amendment 8,
Revision 1, this change in the evaluation method and criteria
constitutes a change in a procedure required to operate an ISFSI and,
therefore, would constitute backfitting under 10 CFR 72.62(a)(2).
However, in this instance, the general licensee voluntarily indicated
its willingness to comply with the revised CoC, as long as the general
licensee is provided adequate time to implement the revised CoC (see
ADAMS No. ML15170A439). This final rule accommodates that request by
extending the effective date for the final rule to February 16, 2016,
180 days from August 18, 2015. Therefore, although the general licensee
is an entity protected from backfitting, this request represents a
voluntary change and is not backfitting for this general licensee.
In addition, the changes in CoC No. 1014, Amendment No. 8, Revision
1 do not apply to casks which were manufactured to other amendments of
CoC No. 1014, and, therefore, have no effect on current ISFSI licensees
using casks which were manufactured to other amendments of CoC No.
1014. For these reasons, NRC approval of CoC No. 1014, Amendment No. 8,
Revision 1, does not constitute backfitting for users of the HI-STORM
100 Cask System which were manufactured to other amendments of CoC No.
1014, under 10 CFR 72.62, 10 CFR 50.109(a)(1), or the issue finality
provisions applicable to combined licenses in 10 CFR part 52.
For the reasons set forth above, no backfit analysis or additional
documentation addressing the issue finality criteria in 10 CFR part 52
has been prepared by the NRC.
XII. Congressional Review Act
In accordance with the Congressional Review Act of 1996 (5 U.S.C.
801-808), the NRC has determined that this action is not a rule as
defined in the Congressional Review Act.
XIII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
CoC No. 1014, Amendment No. 8, Revision 1......... ML14262A478
Safety Evaluation Report.......................... ML14262A476
Technical Specifications, Appendix A.............. ML14262A480
Technical Specifications, Appendix B.............. ML14262A479
Application (portions are non-public/proprietary). ML13235A082
December 20, 2013, Application Supplement......... ML14009A271
February 28, 2014, Application Supplement......... ML14064A344
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2014-0233. The Federal
Rulemaking Web site allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2014-0233); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, 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; 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.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Revision 1 Effective Date: February 16, 2016.
[[Page 49892]]
Amendment Number 8, Revision 1 Effective Date: February 16, 2016.
Amendment Number 9 Effective Date: March 11, 2014.
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.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 4th day of August, 2015.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operation.
[FR Doc. 2015-20141 Filed 8-17-15; 8:45 am]
BILLING CODE 7590-01-P