[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31433-31440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14292]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules 
and Regulations  

[[Page 31433]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0138]
RIN 3150-AJ78


List of Approved Spent Fuel Storage Casks: EnergySolutionsTM 
Corporation, VSC-24 Ventilated Storage Cask System, Renewal of Initial 
Certificate and Amendment Nos. 1-6

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 
EnergySolutionsTM Corporation's (EnergySolutions or the 
applicant) VSC-24 Ventilated Storage Cask System listing within the 
``List of Approved Spent Fuel Storage Casks'' to renew, for an 
additional 40 years, the initial certificate and Amendment Nos. 1-6 of 
Certificate of Compliance (CoC) No. 1007. The renewal of the initial 
certificate and Amendment Nos. 1-6 requires cask users to establish, 
implement, and maintain written procedures for aging management program 
(AMP) elements, including a lead cask inspection program, for VSC-24 
Storage Cask structures, systems, and components (SSC) important to 
safety. Users must also conduct periodic ``tollgate'' assessments of 
new information on SSC aging effects and mechanisms to determine 
whether any element of an AMP addressing these effects and mechanisms 
requires revision to encompass the current state of knowledge. In 
addition, the renewal of the initial certificate and Amendment Nos. 1-6 
makes several other changes, described in Section IV, ``Discussion of 
Changes,'' in the SUPPLEMENTARY INFORMATION section of this document.

DATES: This direct final rule is effective September 20, 2017, unless 
significant adverse comments are received by August 7, 2017. 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direct final rule is withdrawn as a result of such comments, timely 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 Commission 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: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0138. 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, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
5175; email: [email protected].

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 
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0138 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-2016-0138.
     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-2016-0138 in 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:/
/

[[Page 31434]]

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. Rulemaking Procedure

    This direct final rule is limited to the renewal of the initial 
certificate and Amendment Nos. 1-6 of CoC No. 1007. The NRC is using 
the ``direct final rule procedure'' to issue these renewals because 
they represent a limited and routine change to an existing CoC that is 
expected to be noncontroversial. Adequate protection of public health 
and safety continues to be ensured.
    This direct final rule will become effective on September 20, 2017. 
However, if the NRC receives significant adverse comments on this 
direct final rule by August 7, 2017, 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 Rule section of this issue of the Federal 
Register. 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 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 (TSs).
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rule 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 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 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). A general license authorizes a reactor licensee 
to store spent fuel in NRC-approved casks at a site that is licensed to 
operate a power reactor under 10 CFR parts 50 or 52. 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 April 7, 1993 (58 FR 17967), that 
approved the VSC-24 Storage Cask System design, effective May 7, 1993, 
and added it to the list of NRC-approved cask designs in 10 CFR 72.214 
as CoC No. 1007.

IV. Discussion of Changes

    On October 12, 2012, EnergySolutions submitted an application to 
renew, for an additional 40 years, the initial certificate and 
Amendment Nos. 1-6 of CoC No. 1007 for the VSC-24 Storage Cask System 
(ADAMS Accession No. ML12290A139). EnergySolutions supplemented its 
request on: February 14, 2013 (ADAMS Accession No. ML130500219); April 
4, 2014 (ADAMS Accession No. ML14099A192); October 24, 2014 (ADAMS 
Accession No. ML14301A283); and June 26, 2015 (ADAMS Accession No. 
ML15182A163). Because EnergySolutions filed its renewal application at 
least 30 days before the certificate expiration date of May 7, 2013, 
pursuant to the timely renewal provisions in 10 CFR 72.240(b), the 
initial issuance of the certificate and Amendment Nos. 1-6 of CoC No. 
1007 did not expire.
    The renewals of the initial certificate and its amendments were 
conducted in accordance with the renewal provisions in 10 CFR 72.240. 
This section of NRC spent fuel storage regulations authorizes the NRC 
staff to include any additional certificate conditions it deems 
necessary to ensure that the cask system's SSCs continue to perform 
their intended safety functions during the certificate's renewal 
period. The NRC staff has included additional conditions in the renewed 
certificates requiring the implementation of an approved AMP to ensure 
that VSC-24 Storage Cask System SSCs important to safety will continue 
to perform their intended functions during the extended storage period 
authorized by the renewal. These conditions will require users of the 
VSC-24 Storage Cask Systems to establish, implement, and maintain 
written procedures for each AMP element, including the lead cask 
inspection program, for VSC-24 Storage Cask Systems that will continue 
to be in use for more than 20 years. These procedures must be 
consistent with the AMP descriptions in the applicant's Final Safety 
Analysis Report (FSAR).
    The procedures must also include provisions for changing AMP 
elements as necessary, within the limitations specified in CoC 
conditions and TSs, to address new information derived from the results 
of AMP inspections and/or industry operating experience of aging 
effects. Each VSC-24 Storage Cask System general licensee must make and 
maintain records of periodic ``tollgate'' assessments as part of the 
``Operating Experience'' element of each AMP. The purpose of these 
periodic tollgate assessments is to determine whether any AMP 
addressing an aging effect or

[[Page 31435]]

mechanism requires revision to encompass the current state of 
knowledge. In addition, each future request for an amendment to the 
renewed CoCs must evaluate the amendment's impacts on aging management 
activities for the VSC-24 Storage Cask System. This evaluation may 
require modifications to time-limited aging analyses (TLAAs) and AMPs, 
including the lead cask inspection program, as appropriate.
    The renewed certificates also contain additional conditions 
requested by EnergySolutions. The renewed initial certificate and 
Amendment Nos. 1-3 of CoC No. 1007 will prohibit the construction or 
placement into service of new VSC-24 SSCs under these CoC 
specifications. General licensee users with VSC-24 Storage Cask Systems 
under the initial certificate or Amendment Nos. 1-3 that are in service 
as of the renewal's effective date, however, may continue to perform 
SSC maintenance and repairs in accordance with the conditions of their 
applicable renewed CoC. General licensees that meet the conditions of 
the renewed Amendment Nos. 4-6 of CoC No. 1007 may load and store spent 
nuclear fuel in new VSC-24 Storage Cask Systems.
    This direct final rule also includes additional design and 
operating conditions on the initial and all amendment certificates and 
their corresponding TSs to preclude the use of specific cask 
components, and prohibit the storage of spent fuel above a certain 
burnup. These conditions were proposed by the certificate holder to 
ensure that the scope of the aging analyses provided in the renewal 
application extends only to VSC-24 Storage Cask System SSCs currently 
in service. The NRC staff confirmed that no VSC-24 Storage Cask Systems 
currently in service are affected by these design and operating 
conditions. These conditions would only apply to future VSC-24 Storage 
Cask System SSCs placed into service.
    As documented in its safety evaluation report (SER), the NRC staff 
performed a detailed safety evaluation of the proposed CoC renewal 
request. There are no changes to the cask design or fabrication 
requirements in the proposed CoC renewals. Accordingly, the design of 
the cask would continue to prevent loss of containment, shielding, and 
criticality control. In its SER for the renewal of the VSC-24 Storage 
Cask System, the NRC has determined that if the conditions specified in 
the CoC to implement these regulations are met, adequate protection of 
public health and safety will be maintained.
    This direct final rule revises the VSC-24 Storage Cask System 
listing in 10 CFR 72.214 by renewing for 40 more years the initial 
certificate and Amendment Nos. 1-6 of CoC No. 1007. The renewals 
consist of the changes previously described, as set forth in the 
renewed CoCs and their revised TSs. The revised TSs are identified in 
the SER.

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 will revise 
the VSC-24 Storage 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 ``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 direct 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 
using a mechanism consistent with the particular State's administrative 
procedure laws, but so informing these licensees does not confer 
regulatory authority on the State.

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 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).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend 10 CFR 72.214 by revising the VSC-24 Storage 
Cask System listing within the ``List of Approved Spent Fuel Storage 
Casks'' to renew, for an additional 40 years, the initial certificate 
and Amendment Nos. 1-6 of CoC No. 1007. The renewals of the initial 
certificate and Amendment Nos. 1-6 require each cask user to establish, 
implement, and maintain written procedures for AMP elements, including 
lead cask inspection programs, for VSC-24 Storage Cask System SSCs 
important to safety. Users must also conduct periodic ``tollgate'' 
assessments of new information on SSC aging effects and mechanisms to 
determine whether any element of an AMP addressing these effects and 
mechanisms requires revision to encompass the current state of 
knowledge. In addition, the renewal of the initial certificate and 
Amendment Nos. 1-6 makes several other changes, described in Section 
IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section 
of this document. Finally, as with any NRC-approved cask system, the 
reactor licensee using these systems under a 10 CFR part 72 general 
license must also ensure that the reactor site parameters and potential 
site-boundary doses are within the scope of the cask system safety 
analysis report and reactor license.
    Under the National Environmental Policy Act of 1969, as amended 
(NEPA), 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 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 (EIS) is not required. The 
NRC has made a finding of no significant impact on the basis of this 
environmental assessment (EA).

B. The Need for the Action

    This direct final rule is necessary to authorize the continued use 
of the VSC-24 Storage Cask System design by power reactor licensees for 
dry spent fuel storage at reactor sites. Specifically, this rule 
extends the expiration date for the VSC-24 Storage Cask System 
certificates for an additional 40 years, allowing a reactor licensee to 
continue using them under general license provisions in an independent 
spent fuel storage

[[Page 31436]]

installation (ISFSI), the facility at which a holder of a power reactor 
operating license stores spent fuel in dry casks in accordance with 10 
CFR part 72.

C. Environmental Impacts of the Action

    The environmental impacts associated with spent fuel storage have 
been considered in a variety of NRC environmental reviews. The NUREG-
1092, ``Environmental Assessment for 10 CFR Part 72--Licensing 
Requirements for the Independent Storage of Spent Fuel and High-Level 
Radioactive Waste,'' is dated August 1984 (ADAMS Accession No. 
ML091050510). In the May 27, 1986, proposed rule (51 FR 19106) amending 
10 CFR part 72 to address an NWPA requirement, the SUPPLEMENTARY 
INFORMATION section contains additional analyses showing that the 
potential environmental impacts from storing spent fuel in dry casks 
are small. The NRC also evaluated the environmental impacts of spent 
fuel storage at generally licensed ISFSIs in ``Environmental Assessment 
and Finding of No Significant Impact for Proposed Rule Entitled 
`Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear 
Power Reactor Sites,''' published in the Federal Register on May 5, 
1989 (54 FR 19379).
    On July 18, 1990 (55 FR 29181), the NRC issued a final rule 
amending 10 CFR part 72 to provide for the storage of spent fuel under 
a general license in cask designs approved by the NRC. In the EA for 
the 1990 final rule, the NRC analyzed the potential environmental 
impacts of using NRC-approved storage casks. This EA for the renewal of 
the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 tiers 
off of the EA for the July 18, 1990, final rule. Tiering off of past 
EAs is a standard process under NEPA.
    The NRC staff has determined that the environmental impacts of 
renewing the VSC-24 Storage Cask System certificates for an additional 
40 years remain bounded by the EISs and EAs previously referenced. As 
required by 10 CFR 72.240, applications for renewal of a spent fuel 
storage CoC design are required to demonstrate, in TLAAs and a 
description of an AMP, that SSCs important to safety will continue to 
perform their intended function for the requested renewal term. As 
discussed in the NRC staff's SER for the renewal of the VSC-24 Storage 
Cask System certificates, the NRC staff has approved conditions in the 
renewed CoCs requiring the general licensee to implement the AMPs 
described in the renewal application and incorporated into the storage 
system's FSAR. These conditions ensure that VSC-24 Storage Cask Systems 
will continue to perform their intended safety functions and provide 
adequate protection of public health and safety throughout the renewal 
period.
    Incremental impacts from continued use of VSC-24 Storage Cask 
Systems under a general license for an additional 40 years are not 
considered significant. When the general licensee follows all 
procedures and administrative controls, including the conditions 
established as a result of this renewal, no effluents are expected from 
the sealed dry storage cask systems. Activities associated with cask 
loading and decontamination may result in some small incremental liquid 
and gaseous effluents, but these activities will be conducted under 10 
CFR parts 50 or 52 reactor operating licenses, and effluents will be 
controlled within existing reactor site technical specifications. 
Because reactor sites are relatively large, any incremental offsite 
doses due to direct radiation exposure from the spent fuel storage 
casks are expected to be small, and when combined with the contribution 
from reactor operations, well within the annual dose equivalent of 0.25 
mSv (25 mrem) limit to the whole body specified in 10 CFR 72.104. 
Incremental impacts on collective occupational exposures due to dry 
cask spent fuel storage are expected to be only a small fraction of the 
exposures from operation of the nuclear power station.
    The VSC-24 Storage Cask Systems are also 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 ISFSI 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.
    During the promulgation of the amendments that added subpart K to 
10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the 
public health consequences of dry cask system storage accidents and 
sabotage events. In the supporting analyses for these amendments, the 
NRC staff determined that a release from a dry cask storage system 
would be comparable in magnitude to a release from the same quantity of 
fuel in a spent fuel storage pool. As a result of these evaluations, 
the NRC staff determined that, because of the physical characteristics 
of the storage casks and conditions of storage that include specific 
security provisions, the potential risk to public health and safety due 
to accidents or sabotage is very small.
    Considering the specific design requirements for each accident or 
sabotage condition, the design of the cask would prevent loss of 
confinement, shielding, and criticality control. If there is no loss of 
confinement, shielding, or criticality control, the environmental 
impacts would be insignificant.
    There are no changes to cask design or fabrication requirements in 
the renewed initial certificate or the renewed Amendment Nos. 1-6 that 
would result in an increase in occupational exposure or offsite dose 
rates from the implementation of the renewal of the initial certificate 
and Amendment Nos. 1-6. Therefore, the occupational exposure or offsite 
dose rates would remain well within applicable 10 CFR part 20 limits.
    Decommissioning of dry cask spent fuel storage systems under a 
general license would be carried out as part of a power reactor's site 
decommissioning plan. In general, decommissioning would consist of 
removing the spent fuel from the site, decontaminating cask surfaces, 
and decontaminating and dismantling the ISFSI where the casks were 
deployed. The casks would then be released for reuse or disposal. Under 
normal and off-normal operating conditions, no residual contamination 
is expected to be left behind on supporting structures. The incremental 
impacts associated with decommissioning dry cask storage installations 
is expected to represent a small fraction of the impacts of 
decommissioning an entire nuclear power station.
    In summary, the proposed CoC changes will not result in any 
radiological or non-radiological environmental impacts that differ 
significantly from the environmental impacts evaluated in the EA 
supporting the July 18, 1990, final rule. Compliance with the 
requirements of 10 CFR parts 20 and 72 would ensure that adequate 
protection of public health and safety will continue. The NRC, in its 
SER for the renewal of the VSC-24 Storage Cask System, has determined 
that if the conditions specified in the CoC to implement these 
regulations are met, adequate protection of public health and safety 
will be maintained.
    Based on the previously stated assessments and its SER for the 
requested renewal of the VSC-24 Storage Cask System certificates, the 
NRC has determined that the expiration date of this system in 10 CFR 
72.214 can be safely extended for an additional 40 years, and that 
commercial nuclear power reactor licensees can continue

[[Page 31437]]

using the system during this period under a general license without 
significant impacts on the human environment.

D. Alternative to the Action

    The alternative to this action is to deny approval of the renewals 
and end this direct final rule. Under this alternative, the NRC would 
either: (1) Require general licensees using VSC-24 Storage Cask Systems 
to unload the spent fuel from these systems and either return it to a 
spent fuel pool or re-load it into a different dry storage cask system 
listed in 10 CFR 72.214; or (2) require that users of existing VSC-24 
Storage Cask Systems request site-specific licensing proceedings to 
continue storage in these systems.
    The environmental impacts of requiring the licensee to unload the 
spent fuel and either return it to the spent fuel pool or re-load it 
into another NRC-approved cask system would result in increased 
radiological doses to workers. These increased doses would be due 
primarily to direct radiation from the casks while the workers 
unloaded, transferred, and re-loaded the spent fuel. These activities 
would consist of transferring the dry storage canisters to a cask 
handling building, opening the canister lid welds, returning the 
canister to a spent fuel pool or dry transfer facility, removing the 
fuel assemblies, and re-loading them, either into a spent fuel pool 
storage rack or another NRC-approved dry storage system. In addition to 
the increased occupational doses to workers, these activities may also 
result in additional liquid or gaseous effluents.
    Alternatively, users of the dry cask storage system would need to 
apply for a site-specific license. Under this option for implementing 
the no-action alternative, interested licensees would have to prepare, 
and the NRC would have to review, each separate license application, 
thereby increasing the administrative burden upon the NRC and the costs 
to each licensee.
    In summary, the no-action alternative would entail either more 
environmental impacts from transferring the spent fuel now in VSC-24 
Storage Cask Systems, or impacts from multiple licensing actions that, 
in the aggregate, are likely to be less than spent fuel transfer 
activities but the same as, or more likely, greater than the preferred 
action.

E. Alternative Use of Resources

    Renewal of the initial certificate and Amendment Nos. 1-6 of CoC 
No. 1007 for the VSC-24 Storage Cask System would not result in 
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 EA.

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 EA, the NRC 
concludes that this rule entitled, ``List of Approved Spent Fuel 
Storage Casks: EnergySolutions Corporation, VSC-24 Ventilated Storage 
Cask System, Renewal of Initial Certificate and Amendment Nos. 1-6,'' 
will not have a significant impact on the human environment. Therefore, 
the NRC has determined that an EIS is not necessary for this direct 
final rule.

IX. Paperwork Reduction Act Statement

    This direct final rule does not require 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 (OMB), approval number 
3150-0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB 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 
the EnergySolutions Corporation. 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. 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. Under this 
regulation, any nuclear power reactor licensee can use NRC-approved 
cask designs to store spent nuclear fuel if the licensee 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 
April 7, 1993 (58 FR 17967), the NRC issued an amendment to 10 CFR part 
72 that approved the VSC-24 Storage Cask System design by adding it to 
the list of NRC-approved cask designs in 10 CFR 72.214.
    On October 12, 2012, EnergySolutions requested a renewal of the 
initial certificate and Amendment Nos. 1-6 of VSC-24's CoC No. 1007 for 
an additional 40 years beyond the initial certificate term (ADAMS 
Accession No. ML12290A139). EnergySolutions supplemented its request 
on: February 14, 2013 (ADAMS Accession No. ML130500219), April 4, 2014 
(ADAMS Accession No. ML14099A192), October 24, 2014 (ADAMS Accession 
No. ML14301A283), and June 26, 2015 (ADAMS Accession No. ML15182A163). 
Because EnergySolutions filed its renewal application at least 30 days 
before the certificate expiration date of May 7, 2013, pursuant to the 
timely renewal provisions in 10 CFR 72.240(b), the initial issuance of 
the certificate and Amendment Nos. 1-6 of CoC No. 1007 did not expire.
    The alternative to this action is to deny approval of the renewal 
of the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 and 
end this direct final rule. Under this alternative, the NRC would 
either: (1) Require general licensees using VSC-24 Storage Cask Systems 
to unload spent fuel from these systems and return it to a spent fuel 
pool or re-load it into a different dry storage cask system listed in 
10 CFR 72.214; or (2) require that users of existing VSC-24 Storage 
Cask Systems request site-specific licensing proceedings to continue 
storage in these systems. Therefore, the no-action alternative would 
entail either more environmental impacts from transferring the spent 
fuel now in VSC-24 Storage Cask Systems, or impacts from multiple 
licensing actions that, in the aggregate, are likely to be less than 
spent fuel transfer activities but the same as, or more likely, greater 
than the preferred action.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the EA, this direct 
final rule will have no significant adverse impact on public health and 
safety or the environment. This direct final rule also has no 
significant identifiable impact on or benefit to 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

[[Page 31438]]

available alternative is believed to be as satisfactory, and therefore, 
this action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the actions in this direct final rule 
do not require a backfit analysis because they either do not fall 
within the definition of backfitting under 10 CFR 72.62 or 10 CFR 
50.109(a)(1), or they do not impact any general licensees currently 
using these systems. Additionally, the actions in this direct final 
rule do not impact issue finality provisions applicable to combined 
licenses under part 52.
    This direct final rule renews CoC No. 1007 for the VSC-24 Storage 
Cask System, as currently listed in 10 CFR 72.214, ``List of Approved 
Spent Fuel Storage Casks,'' to extend the expiration date of the 
initial certificate and Amendment Nos. 1-6 by 40 years. The renewed 
certificates would require implementation of an AMP for the 40 years 
after the storage cask system's initial 20-year service period. As part 
of the renewal application, EnergySolutions also requested some changes 
to the originally-certified systems that go beyond the aging management 
provisions and impose additional design and operating conditions on the 
certificates and their corresponding TSs to preclude the use of 
specified cask components, and prohibit the future storage of spent 
fuel above a certain burnup limit.
    Renewing these certificates does not, with the exceptions noted in 
this section, fall within the definition of backfit under 10 CFR 72.62 
or 10 CFR 50.109, or otherwise represent an inconsistency with the 
issue finality provisions applicable to combined licenses in 10 CFR 
part 52. Extending the certificates' effective dates for 40 more years 
and requiring the implementation of AMPs does not impose any 
modification or addition to the design of an SSC of a cask system, or 
to the procedures or organization required to operate the system during 
the initial 20-year storage period of the system, as authorized by the 
current certificate. General licensees that have loaded these casks, or 
that load these casks in the future under the specifications of the 
applicable certificate, may continue to store spent fuel in these 
systems for the initial 20-year storage period authorized by the 
original certificate. The AMPs required to be implemented by this 
renewal are only required to be implemented after the storage cask 
system's initial 20-year service period ends. As explained in the 2011 
final rule that amended 10 CFR part 72 (76 FR 8872, 8875, Question I), 
the general licensee's authority to use a particular storage cask 
design under an approved CoC terminates 20 years after the date that 
the general licensee first loads the particular cask with spent fuel, 
unless the cask's CoC is renewed. Because this rulemaking renews the 
certificates, and renewal is a separate NRC licensing action 
voluntarily implemented by vendors, the renewal of these CoCs is not an 
imposition of new or changed requirements from which these licensees 
would otherwise be protected by the backfitting provisions in 10 CFR 
72.62 or 10 CFR 50.109.
    Even if renewal of this CoC system could be considered a backfit, 
EnergySolutions, as the holder of the CoC and vendor of the casks, is 
not protected by the backfitting provisions in 10 CFR 72.62.
    Unlike a vendor, general licensees using the existing systems 
subject to these renewals would be protected by the backfitting 
provisions in 10 CFR 72.62 and 10 CFR 50.109 if the renewals 
constituted new or changed requirements. But as previously explained, 
renewal of the certificates for these systems does not impose such 
requirements. The general licensees using these CoCs may continue 
storing material in their respective cask systems for the initial 20-
year storage period identified in the applicable certificate or 
amendment with no changes. If general licensees choose to continue to 
store spent fuel in VSC-24 Cask Systems after the initial 20-year 
period, these general licensees will be required to implement AMPs for 
any cask systems subject to a renewed CoC, but such continued use is 
voluntary.
    As part of the renewal application, EnergySolutions requested some 
changes to the originally-certified systems that go beyond the aging 
management provisions required by NRC regulations. Some of these 
changes impose additional design and operating conditions on the 
certificates and their corresponding TSs to preclude the use of 
specified cask components, and prohibit the future storage of spent 
fuel above a certain burnup limit. While the imposition of such 
conditions would be considered a backfit if the general licensees using 
VSC-24 Storage Cask Systems were using the prohibited components or 
storing spent fuel with the prohibited burnup, none of these licensees 
are doing so. These prohibitions were proposed by the certificate 
holder to avoid having to analyze aging effects that do not and will 
not apply to any VSC-24 Storage Cask Systems currently in service. The 
NRC staff confirmed that these proposed design and operating conditions 
do not affect any VSC-24 Storage Cask Systems currently in service 
(which are located at the Arkansas Nuclear One, the Point Beach, and 
the Palisades Nuclear Plant sites). Therefore, these additional 
conditions and TS changes do not constitute backfitting within the 
provisions of 10 CFR 72.62 or 10 CFR 50.109.
    EnergySolutions also requested a condition that will prohibit the 
construction or placement into service of new VSC-24 SSCs under the 
renewed initial CoC No. 1007 certificate and Amendment Nos. 1-3, but 
this condition will not affect the users of existing casks. General 
licensees using VSC-24 Storage Cask Systems in service under the 
initial certificate or Amendment Nos. 1-3 as of the renewal's effective 
date may continue storing fuel and performing SSC maintenance and 
repairs in accordance with the conditions of their applicable CoC. 
Therefore, the requested condition affects only EnergySolutions, since 
it would be prohibited from manufacturing new systems under the initial 
certificate or Amendment Nos. 1-3 in the future. As previously 
mentioned, EnergySolutions, as the holder of the CoC, is not protected 
from backfitting by 10 CFR 72.62, and in any case, EnergySolutions 
itself requested the NRC to impose the condition. The vendor did not 
submit its request in response to new NRC requirements, nor any NRC 
request for an application to amend this CoC.
    For these reasons, renewing the initial certificate and Amendment 
Nos. 1-6 of CoC No. 1007, and imposing the additional conditions 
previously discussed, do not constitute backfitting under 10 CFR 72.62 
or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with 
the issue finality provisions applicable to combined licenses in part 
52. Accordingly, the NRC staff has not prepared a backfit analysis for 
this rulemaking.

XIII. Congressional Review Act

    The OMB has not found this to be a major rule as defined in the 
Congressional Review Act.

XIV. 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.

[[Page 31439]]



------------------------------------------------------------------------
                                          ADAMS Accession No./ Federal
               Document                        Register citation
------------------------------------------------------------------------
Proposed CoC No. 1007 Renewal,         ML16057A127
 Initial Issuance.
Proposed TS, Attachment A, CoC No.     ML16057A139
 1007 Renewal, Initial Issuance.
Proposed CoC No. 1007 Renewal,         ML16057A189
 Amendment 1.
Proposed TS, Attachment A, Amendment   ML16057A211
 1.
Proposed CoC No. 1007 Renewal,         ML16057A216
 Amendment 2.
Proposed TS, Attachment A, Amendment   ML16057A322
 2.
Proposed CoC No. 1007 Renewal,         ML16057A333
 Amendment 3.
Proposed TS, Attachment A, Amendment   ML16057A358
 3.
Proposed CoC No. 1007 Renewal,         ML16057A449
 Amendment 4.
Proposed TS, Attachment A, Amendment   ML16057A511
 4.
Proposed CoC No. 1007 Renewal,         ML16057A593
 Amendment 5.
Proposed TS, Attachment A, Amendment   ML16057A600
 5.
Proposed CoC No. 1007 Renewal,         ML16057A617
 Amendment 6.
Proposed TS, Attachment A, Amendment   ML16057A630
 6.
Preliminary SER......................  ML16057A667
Final Safety Analysis Report for the   ML060810682
 VSC-24 Ventilated Storage Cask
 System.
NUREG-1092, ``Environmental            ML091050510
 Assessment for 10 CFR Part 72--
 Licensing Requirements for the
 Independent Storage of Spent Fuel
 and High-Level Radioactive Waste``.
Proposed Rule, ``Licensing             51 FR 19106
 Requirements for the Independent
 Storage of Spent Nuclear Fuel and
 High-Level Radioactive Waste''.
Environmental Assessment and Finding   54 FR 19379
 of No Significant Impact for
 Proposed Rule Entitled ``Storage of
 Spent Nuclear Fuel in NRC-Approved
 Storage Casks at Nuclear Power
 Reactor Sites``.
Final Rule, ``Storage of Spent Fuel    55 FR 29181
 In NRC-Approved Storage Casks at
 Power Reactor Sites''.
Final Rule, ``License and Certificate  76 FR 8872
 of Compliance Terms''.
------------------------------------------------------------------------

    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-2016-0138. 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-2016-0138); (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, 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 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 1007 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1007.
    Initial Certificate Effective Date: May 7, 1993, superseded by 
Renewed Initial Certificate, on September 20, 2017.
    Renewed Initial Certificate Effective Date: September 20, 2017.
    Amendment Number 1 Effective Date: May 30, 2000, superseded by 
Renewed Amendment Number 1, on September 20, 2017.
    Renewed Amendment Number 1 Effective Date: September 20, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Renewed Amendment Number 2, on September 20, 2017.
    Renewed Amendment Number 2 Effective Date: September 20, 2017.
    Amendment Number 3 Effective Date: May 21, 2001, superseded by 
Renewed Amendment Number 3, on September 20, 2017.
    Renewed Amendment Number 3 Effective Date: September 20, 2017.
    Amendment Number 4 Effective Date: February 3, 2003, superseded by 
Renewed Amendment Number 4, on September 20, 2017.
    Renewed Amendment Number 4 Effective Date: September 20, 2017.
    Amendment Number 5 Effective Date: September 13, 2005, superseded 
by Renewed Amendment Number 5, on September 20, 2017.
    Renewed Amendment Number 5 Effective Date: September 20, 2017.
    Amendment Number 6 Effective Date: June 5, 2006, superseded by 
Renewed Amendment Number 6, on September 20, 2017.
    Renewed Amendment Number 6 Effective Date: September 20, 2017.
    SAR Submitted by: EnergySolutionsTM Corporation.
    SAR Title: Final Safety Analysis Report for the VSC-24 Ventilated 
Storage Cask System.
    Docket Number: 72-1007.
    Renewed Certificate Expiration Date: May 7, 2053.

[[Page 31440]]

    Model Number: VSC-24.
* * * * *

    Dated at Rockville, Maryland, this 31st day of May, 2017.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2017-14292 Filed 7-6-17; 8:45 am]
 BILLING CODE 7590-01-P