[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Rules and Regulations]
[Pages 44879-44886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20710]


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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: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending 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 this document.

DATES: This direct final rule is effective December 11, 2017, unless 
significant adverse comments are received by October 27, 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direct final rule is withdrawn as a result of such comments, timely 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-2017-0138. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the

[[Page 44880]]

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. 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 and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-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 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 rule is limited to the changes associated with renewal of the 
initial certificate and Amendment Nos. 1 through 11, 13, Revision 1, 
and Amendment No. 14 to CoC No. 1004 and does not include other aspects 
of the NUHOMS[supreg] System design. 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 December 11, 2017. However, if the NRC receives significant adverse 
comments on this direct final rule by October 27, 2017, then the NRC 
will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule as a 
response to the companion proposed rule published in the Proposed Rules 
section of this issue of the Federal Register. 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 Rules 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

[[Page 44881]]

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 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. Most 
recently, on January 25, 2017 (82 FR 8353), the NRC approved Revision 1 
to the initial certificate and Amendment Nos. 1 through 11 and 13, and 
issued Amendment No. 14.

IV. Discussion of Changes

    On November 4, 2014, AREVA submitted a renewal application for the 
Standardized NUHOMS[supreg] Horizontal Modular Storage System, CoC No. 
1004, for a period of 40 years beyond the initial certificate term. 
AREVA supplemented its request on October 16, 2015; June 6, 2016; and 
September 29, 2016.
    On November 18, 2016, TN Americas LLC provided notification that it 
had changed from AREVA TN Americas, a former operating division of 
AREVA Inc., to a stand-alone entity named TN Americas LLC, which is a 
wholly owned subsidiary company of AREVA Nuclear Materials LLC. Because 
the renewed CoCs will be issued to TN Americas LLC, this notice will 
specify ``TN Americas'' when referring to the CoC holder, and ``AREVA'' 
when referring to the applicant.
    The renewal of the initial certificate and Amendment Nos. 1 through 
11, 13, and 14 (Amendment No. 12 was never issued) 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 certificates' renewal period. The NRC staff 
has included additional conditions in the renewed certificates. These 
conditions do not revise the authorized contents of any existing or 
planned NUHOMS[supreg] System. The 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 AMPs) to ensure that they remain adequate 
for any changes to spent fuel storage cask 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 UFSAR. The 
program must include provisions for changing AMP elements, as 
necessary, and within the limitations of the approved licensing bases, 
to address new information on aging effects based on inspection 
findings and/or industry operating experience during the renewal 
period. Another CoC change would extend these requirements to 
NUHOMS[supreg] System users at new reactors licensed under the NRC's 
regulations.
    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 significant changes to cask design requirements 
in the proposed CoC renewal. Considering the specific design 
requirements for each accident or sabotage condition, the design of the 
cask would prevent loss of containment, shielding, and criticality 
control in the event of an accident or sabotage. This renewal 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 the renewal of the initial certificate and 
these amendments would remain well within the NRC's 10 CFR part 20 
limits on doses to workers and members of the public. There will be no 
significant change in the types or amounts of any effluent released, no 
significant increase in the individual or cumulative radiation 
exposure, and no significant increase in the potential for or 
consequences from radiological accidents.
    This direct final rule revises the NUHOMS[supreg] System listing in 
10 CFR 72.214 by renewing for an additional 40-year period the initial 
certificate and Amendment Nos. 1 through 11, 13, and 14 of CoC No. 
1004. The renewal consists of the changes previously described, as set 
forth in the renewed CoC and TSs. The revised TSs are identified in the 
SER.
    The NRC has determined that the NUHOMS[supreg] System cask design, 
when used under the conditions specified in the renewed CoC, renewed 
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 direct final rule becomes 
effective, persons who hold a general license under 10 CFR 72.210 may 
load spent nuclear fuel into NUHOMS[supreg] System casks that meet the 
criteria of the renewed initial certificate and Amendment Nos. 1 
through 11, 13, and 14 of CoC No. 1004 under 10 CFR 72.212.

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 NUHOMS[supreg] 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 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, and the 
Category ``NRC'' does not confer regulatory authority on the State, the 
State may wish to inform its licensees of certain requirements by means 
consistent with the particular State's administrative procedure laws.

[[Page 44882]]

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend 10 CFR 72.214 to revise the NUHOMS[supreg] 
System listing within the ``List of approved spent fuel storage casks'' 
to renew, for an additional 40-year period, the initial certificate and 
Amendment Nos. 1 through 11, 13, and 14 of CoC No. 1004. This action 
does not revise the authorized contents of existing or planned 
NUHOMS[supreg] Systems. Specifically, these changes require, among 
other things, that all future amendments and revisions to this CoC 
include evaluations of the impacts on aging management activities 
(i.e., time-limited aging analyses and AMPs) to ensure that they remain 
adequate for any changes to spent fuel storage cask 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 
UFSAR. The program must include provisions for changing AMP elements, 
as necessary, and, within the limitations of the approved licensing 
bases, to address new information on aging effects based on inspection 
findings and/or industry operating experience during the renewal 
period. Another CoC change would extend these requirements to 
NUHOMS[supreg] System users at new reactors licensed under 10 CFR part 
52.

B. The Need for the Action

    This direct final rule is necessary to authorize the continued use 
of the NUHOMS[supreg] System design by power reactor licensees for dry 
spent fuel storage at reactor sites. Specifically, this rule extends 
the expiration date for the NUHOMS[supreg] 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 
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

    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 (EA) for the 1990 final rule. 
The EA for these renewals tiers off of the EA for the July 18, 1990, 
final rule. Tiering on past EAs is a standard process under the 
National Environmental Policy Act of 1969, as amended (NEPA).
    The NRC staff has determined that the environmental impacts of 
renewing the NUHOMS[supreg] System certificates for an additional 40 
years remain bounded by the EA for the 1990 final rule. As required by 
10 CFR 72.240, applications for renewal of a spent fuel storage CoC 
design are required to demonstrate, in time-limited aging analyses 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 NUHOMS[supreg] 
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 UFSAR. These conditions ensure that NUHOMS[supreg] 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 NUHOMS[supreg] 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 the renewals, 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 NUHOMS[supreg] 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 through 
11, 13, and 14 that would result in an increase in occupational 
exposure or offsite dose rates from the implementation of the renewal 
of the initial certificate and amendments. 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

[[Page 44883]]

were deployed. 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 are 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 NUHOMS[supreg] 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 NUHOMS[supreg] 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 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 these 
renewals and end the direct final rule. Under this alternative, the NRC 
would either: (1) Require general licensees using NUHOMS[supreg] 
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 NRC-approved dry 
storage cask system listed in 10 CFR 72.214; or (2) require that users 
of existing NUHOMS[supreg] 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 dry storage 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 cask 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 
NUHOMS[supreg] 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

    Approval of the renewals of the initial certificate and Amendment 
Nos. 1 through 11, 13, and 14 of CoC No. 1004 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 EA.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements of NEPA, and the NRC's regulations in subpart A of 10 
CFR part 51, ``Environmental Protection Regulations for Domestic 
Licensing and Related Regulatory Functions.'' Based on the foregoing 
EA, the NRC concludes that this direct final rule entitled, ``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,'' will not have a significant 
effect on the human environment.
    Therefore, the NRC has determined that an environmental impact 
statement is not necessary for this direct final rule.

IX. Paperwork Reduction Act Statement

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget (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 request for information or an information collection 
requirement unless the requesting document 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 
TN Americas LLC. 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. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel 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 January 22, 1994 (59 FR 
65898), the NRC issued a final rule 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.
    On November 4, 2014, AREVA submitted a renewal application for the 
initial certificate and Amendment Nos. 1 through 11, 13, and 14 for the 
Standardized NUHOMS[supreg] Horizontal Modular Storage System, CoC No. 
1004, for a period of 40 years beyond the initial certificate term. 
AREVA supplemented its request on October 16, 2015, June 6, 2016, and 
September 29, 2016. These requests are described in Section IV of this 
document, ``Discussion of Changes.'' Because AREVA filed its renewal 
application at least 30 days before the certificate expiration date of 
January 23, 2015, pursuant to the timely renewal

[[Page 44884]]

provisions in 10 CFR 72.240(b), the initial certificate and Amendment 
Nos. 1 through 11, 13, and 14 of CoC No. 1004 did not expire.
    The alternative to this action is to deny approval of the renewal 
of the initial certificate and Amendment Nos. 1 through 11, 13, and 14 
of CoC No. 1004 and end this direct final rule. Under this alternative, 
the NRC would either: (1) Require general licensees using 
NUHOMS[supreg] Systems to unload spent fuel from these systems and 
return it to a spent fuel pool or re-load it into a different NRC-
approved dry storage cask system listed in 10 CFR 72.214; or (2) 
require that users of existing NUHOMS[supreg] Systems request site-
specific licensing proceedings to continue storage in these systems. 
Therefore, the no-action alternative would result in a significant 
burden on licensees and an additional inspection or licensing caseload 
on the NRC. In addition, the no action alternative would entail either 
more environmental impacts from transferring the spent fuel now in 
NUHOMS[supreg] 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 adverse effect on public health and safety or 
the environment. This direct final rule has no significant identifiable 
impact or benefit on other Government agencies. Based on this 
regulatory analysis, the NRC concludes that the requirements of this 
direct final rule are commensurate with the NRC's responsibilities for 
public health and safety and the common defense and security. No other 
available alternative is believed to be as satisfactory, 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 10 CFR part 52.
    This direct final rule renews CoC No. 1004 for the NUHOMS[supreg] 
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 through 11, 13, and 14 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.
    Renewing these certificates does not 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, Question I; February 16, 2011), 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, 
TN Americas LLC, 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 NUHOMS[supreg] 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.
    For these reasons, renewing the initial certificate and Amendment 
Nos. 1 through 11, 13, and 14 of CoC No. 1004 does 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 10 CFR part 52. Accordingly, the NRC 
staff has not prepared a backfit analysis for this rulemaking.

XIII. Congressional Review Act

    This direct final rule is not a rule as defined in the 
Congressional Review Act (5 U.S.C. 801-808).

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.

 
------------------------------------------------------------------------
                                          ADAMS  Accession No.  Federal
                Document                        Register  citation
------------------------------------------------------------------------
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     ML14309A341
 the 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.

[[Page 44885]]

 
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 *
 and Preliminary Technical
 Specifications for CoC No. 1004,
 Renewed Amendment Nos. 1-11, Revision
 1, and Amendment Nos. 13-14, Revision
 1.
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.
------------------------------------------------------------------------
* (package).

    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 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 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.

[[Page 44886]]

    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 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. 2017-20710 Filed 9-26-17; 8:45 am]
 BILLING CODE 7590-01-P