[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Proposed Rules]
[Pages 44971-44974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20709]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2017-0138]
RIN 3150-AK05
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
Standardized NUHOMS[supreg] Horizontal Modular Storage System,
Certificate of Compliance No. 1004, Renewal of Initial Certificate and
Amendment Nos. 1 Through 11, 13, Revision 1, and 14
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 Standardized
NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg]
System) listing within the ``List of approved spent fuel storage
casks'' to renew, for an additional 40-year period, Revision 1 of the
initial certificate and Amendment Nos. 1 through 11, and 13, and
Amendment No. 14 of Certificate of Compliance (CoC) No. 1004. These
changes require, among other things, that all future amendments and
revisions to this CoC include evaluations of the impacts to aging
management activities (i.e., time-limited aging analyses and aging
management programs (AMPs)) to ensure that they remain adequate for any
changes to spent fuel storage cask systems, structures, and components
(SSCs) within the scope of the renewal. Each general licensee using a
NUHOMS[supreg] System at a reactor site must have a program to
establish, implement, and maintain written procedures for each AMP
described in the AREVA Inc. (AREVA) Updated Final Safety Analysis
Report (UFSAR). In addition, the renewals reflect the change in the
name of the CoC holder from AREVA to TN Americas LLC, and make several
other changes as described in Section IV, ``Discussion of Changes,'' in
the SUPPLEMENTARY INFORMATION section of a companion direct final rule
published in the Rules and Regulations section of this issue of the
Federal Register.
DATES: Submit comments by October 27, 2017. 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:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0138. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals 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: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards, 301-415-6825; email:
[email protected], or Robert D. MacDougall, Office of Nuclear
Material Safety and Safeguards, 301-415-5175; email:
[email protected]. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0138 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-2017-0138.
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-2017-0138 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://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
[[Page 44972]]
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 proposed rule is limited to the renewal of the initial
certificate and Amendment Nos. 1 through 11, 13, Revision 1, and
Amendment No. 14 of CoC No. 1004. Because the NRC considers this action
to be non-controversial and routine, the NRC is publishing this
proposed rule 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 December 11, 2017.
However, if the NRC receives significant adverse comments on this
proposed rule by October 27, 2017, then the NRC will publish a document
that withdraws 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 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 part 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 December 22, 1994 (59 FR 65898)
that approved the NUHOMS[supreg] System design and added it to the list
of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1004.
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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ADAMS Accession No./ Federal
Document Register citation
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Final Rule: ``General License for 55 FR 29181
Storage of Spent Fuel at Power Reactor
Sites''.
Final Rule: List of Approved Spent Fuel 59 FR 65898
Storage Casks: Addition.
AREVA, Inc.--Renewal Application for the ML14309A341
Standardized NUHOMS[supreg] System--CoC
1004.
AREVA, Inc.--Revision 1 to Renewal ML15295A354
Application for the Standardized
NUHOMS[supreg] System--CoC 1004,
Response to First Request for
Additional Information.
AREVA, Inc., Second Response to NRC RAI ML16169A025
Re: Renewal Application for the
Standardized NUHOMS[supreg] System--CoC
1004.
AREVA, Inc., Regarding Response to Re- ML16279A368
Issue of Second Request for Additional
Information--AREVA, Inc. Renewal
Application for the Standardized
NUHOMS[supreg] System--CoC 1004.
AREVA, Inc., AREVA Internal ML16327A011
Reorganization--Effect on Certificate
of Compliance Ownership.
Submittal of NUH-003, ``Updated Final ML14255A191
Safety Analysis Report (UFSAR) for the
Standardized NUHOMS[supreg] Horizontal
Modular Storage System For Irradiated
Nuclear Fuel,'' Revision 14.
Preliminary Certificate of Compliance ML17131A006 (package)
and Preliminary Technical
Specifications for CoC No. 1004,
Renewed Amendment Nos. 1-11, Revision
1, and Amendment Nos. 13-14, Revision 1.
[[Page 44973]]
TN Americas LLC, Standardized ML17131A121
NUHOMS[supreg] Horizontal Modular
Storage System--Draft SER [Safety
Evaluation Report] for Renewed CoC
1004, Amendment Nos. 1-11, 13 and 14.
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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-2017-0138. 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-2017-0138); (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 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 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 1004 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1004.
Initial Certificate Effective Date: January 23, 1995, superseded by
Initial Certificate, Revision 1, on April 25, 2017, superseded by
Renewed Initial Certificate, Revision 1, on December 11, 2017.
Initial Certificate, Revision 1, Effective Date: April 25, 2017.
Renewed Initial Certificate, Revision 1, Effective Date: December
11, 2017.
Amendment Number 1 Effective Date: April 27, 2000, superseded by
Amendment Number 1, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 1, Revision 1, on December 11, 2017.
Amendment Number 1, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 1, Revision 1, Effective Date: December
11, 2017.
Amendment Number 2 Effective Date: September 5, 2000, superseded by
Amendment Number 2, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 2, Revision 1, on December 11, 2017.
Amendment Number 2, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 2, Revision 1, Effective Date: December
11, 2017.
Amendment Number 3 Effective Date: September 12, 2001, superseded
by Amendment Number 3, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 3, Revision 1, on December 11, 2017.
Amendment Number 3, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 3, Revision 1, Effective Date: December
11, 2017.
Amendment Number 4 Effective Date: February 12, 2002, superseded by
Amendment Number 4, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 4, Revision 1, on December 11, 2017.
Amendment Number 4, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 4, Revision 1, Effective Date: December
11, 2017.
Amendment Number 5 Effective Date: January 7, 2004, superseded by
Amendment Number 5, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 5, Revision 1, on December 11, 2017.
Amendment Number 5, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 5, Revision 1, Effective Date: December
11, 2017.
Amendment Number 6 Effective Date: December 22, 2003, superseded by
Amendment Number 6, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 6, Revision 1, on December 11, 2017.
Amendment Number 6, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 6, Revision 1, Effective Date: December
11, 2017.
Amendment Number 7 Effective Date: March 2, 2004, superseded by
Amendment Number 7, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 7, Revision 1, on December 11, 2017.
Amendment Number 7, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 7, Revision 1, Effective Date: December
11, 2017.
Amendment Number 8 Effective Date: December 5, 2005, superseded by
Amendment Number 8, Revision 1 on April 25, 2017, superseded by Renewed
Amendment Number 8, Revision 1, on December 11, 2017.
Amendment Number 8, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 8, Revision 1, Effective Date: December
11, 2017. Amendment Number 9 Effective Date: April 17, 2007, superseded
by Amendment Number 9, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 9, Revision 1, on December 11, 2017.
Amendment Number 9, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 9, Revision 1, Effective Date: December
11, 2017.
Amendment Number 10 Effective Date: August 24, 2009, superseded by
Amendment Number 10, Revision 1, on
[[Page 44974]]
April 25, 2017, superseded by Renewed Amendment Number 10, Revision 1,
on December 11, 2017.
Amendment Number 10, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 10, Revision 1, Effective Date: December
11, 2017.
Amendment Number 11 Effective Date: January 7, 2014, superseded by
Amendment Number 11, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 11, Revision 1, on December 11, 2017.
Amendment Number 11, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 11, Revision 1, Effective Date: December
11, 2017.
Amendment Number 12 Effective Date: Amendment not issued by the
NRC.
Amendment Number 13 Effective Date: May 24, 2014, superseded by
Amendment Number 13, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 13, Revision 1, on December 11, 2017.
Amendment Number 13, Revision 1, Effective Date: April 25, 2017.
Renewed Amendment Number 13, Revision 1, Effective Date: December
11, 2017.
Amendment Number 14 Effective Date: April 25, 2017, superseded by
Renewed Amendment Number 14, on December 11, 2017.
Renewed Amendment Number 14 Effective Date: December 11, 2017.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear
Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Renewed Certificate Expiration Date: January 23, 2055.
Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *
Dated at Rockville, Maryland, this 18th day of September, 2017.
For the Nuclear Regulatory Commission.
Frederick D. Brown,
Acting Executive Director of Operations.
[FR Doc. 2017-20709 Filed 9-26-17; 8:45 am]
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