[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Proposed Rules]
[Pages 412-414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33279]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2015-0156]
RIN 3150-AJ63
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System; Amendment No. 9, Revision 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations by revising the Holtec
International (Holtec or the applicant) HI-STORM 100 Cask System
listing within the ``List of Approved Spent Fuel Storage Casks'' to
include Amendment No. 9, Revision 1, to Certificate of Compliance (CoC)
No. 1014. Amendment No. 9, Revision 1, changes cooling time limits for
thimble plug devices, removes certain testing requirements for the
fabrication of Metamic HT neutron-absorbing structural material, and
reduces certain minimum guaranteed values used in bounding calculations
for this material. Amendment No. 9, Revision 1, also changes fuel
definitions to classify certain boiling water reactor fuel within
specified guidelines as undamaged fuel.
DATES: Submit comments by February 5, 2016. Comments received after
this date will be considered if it is practical to do so, but the NRC
staff is able to ensure consideration only for comments received on or
before this date.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0156. 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.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
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: Robert D. MacDougall, Office of
Nuclear Material Safety and Safeguards, telephone: 301-415-5175, email:
[email protected]; U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0156 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-2015-0156.
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 O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2015-0156 in the subject line of your
comment submission.
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 http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
This proposed rule is limited to the changes contained in Amendment
No. 9, Revision 1, to CoC No. 1014 and does not include other aspects
of the Holtec HI-STORM 100 Cask System design. Because the NRC
considers this action noncontroversial and routine, the NRC is
publishing this proposed rule
[[Page 413]]
concurrently with a direct final rule in the Rules and Regulations
section of this issue of the Federal Register. Adequate protection of
public health and safety continues to be ensured. The direct final rule
will become effective on March 21, 2016. If the NRC receives
significant adverse comments on this proposed rule by February 5, 2016,
then the NRC will publish a Federal Register notice withdrawing the
direct final rule. If the direct final rule is withdrawn, the NRC will
address the comments received in response to these proposed revisions
in a subsequent final rule. Absent significant modifications to the
proposed revisions requiring republication, the NRC will not initiate a
second comment period on this action in the event the direct final rule
is withdrawn.
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 staff 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 staff.
(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 staff to make a change (other than
editorial) to the rule, CoC, or Technical Specifications.
For additional procedural information and the regulatory analysis,
see the direct final rule published in the Rules and Regulations
section of this issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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 in NRC-approved casks under a general license by
publishing a final rule which 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
within 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 (65 FR 25241; May 1, 2000) that approved the HI-
STORM 100 Cask System design and added it to the list of NRC-approved
cask designs in 10 CFR 72.214, ``List of approved spent fuel storage
casks,'' as CoC No. 1014. Most recently, the NRC issued a final rule
effective on March 11, 2014 (78 FR 73379), that approved the HI-STORM
100 Cask System design amendment subject to this rulemaking and added
it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No.
1014, Amendment No. 9.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner
that also follows other best practices appropriate to the subject or
field and the intended audience. 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). The NRC requests comment on the proposed rule
with respect to clarity and effectiveness of the language used.
V. 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.
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Document ADAMS accession No.
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Proposed CoC 1014 Amendment No. 9, ML15156A941
Revision 1.
Proposed CoC 1014 Amendment No. 9, ML15156A956
Revision 1 Technical
Specifications, Appendix A.
Proposed CoC 1014 Amendment No. 9, ML15156A970
Revision 1 Technical
Specifications, Appendix B.
Proposed CoC 1014 Amendment No. 9, ML15156A982
Revision 1 Technical
Specifications, Appendix A-100U.
Proposed CoC 1014 Amendment No. 9, ML15156B000
Revision 1 Technical
Specifications, Appendix B-100U.
Preliminary CoC 1014 Amendment No. ML15156B011
9, Revision 1 Safety Evaluation
Report.
Request for Revision Application ML14182A486
dated July 1, 2014.
Notification by general licensees ML15240A233
of voluntary acceptance of
Revision 1 requirements dated
August 28, 2015.
Interim Staff Guidance 1, ML071420268
Classifying the Condition of
Spent Nuclear Fuel for Interim
Storage and Transportation Based
on Function.
Interim Staff Guidance 11, ML033230335
Revision 3, Cladding
Considerations for the
Transportation and Storage of
Spent Fuel.
Interim Staff Guidance 23, ML103130171
Application of ASTM Standard
Practice C1671-07 when performing
technical reviews of spent fuel
storage and transportation
packaging licensing actions.
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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-2015-0156. 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-2015-0156); (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).
[[Page 414]]
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties,
Hazardous waste, Indians, Intergovernmental relations, Manpower
training programs, Nuclear energy, Nuclear materials, Occupational
safety and health, 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 proposing to adopt 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 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.
Section 72.44(g) also issued under Nuclear Waste Policy Act secs.
142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)).
Subpart J also issued under Nuclear Waste Policy Act secs. 117(a),
141(h) (42 U.S.C. 10137(a), 10161(h)).
Subpart K also issued under sec. 218(a) (42 U.S.C. 10198).
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).
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1 on March 21, 2016.
Amendment Number 9, Revision 1, Effective Date: March 21, 2016.
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 22nd day of December, 2015.
For the Nuclear Regulatory Commission.
Glenn M. Tracy,
Acting, Executive Director for Operations.
[FR Doc. 2015-33279 Filed 1-5-16; 8:45 am]
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