[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Proposed Rules]
[Pages 52815-52817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21210]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0160]
RIN 3150-AK36
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Multipurpose Canister Cask System, Certificate of
Compliance No. 1014, Amendment No. 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 Holtec
International HI-STORM 100 Multipurpose Canister Cask System listing
within the ``List of approved spent fuel storage casks'' to include
Amendment No. 14 to Certificate of Compliance No. 1014. Amendment No.
14 revises the technical specifications to add new heat loading
patterns, reduce the minimum cooling time, allow use of a damaged fuel
isolator for storing damaged fuel, and modify the description of vents
in overpack. Amendment No. 14 also makes other administrative changes
to the technical specifications.
DATES: Submit comments by November 4, 2019. Comments received after
this date will be considered if it is practical to do so, but the NRC
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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0160. 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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Torre Taylor, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-7900; 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
[[Page 52816]]
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0160 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0160.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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-2019-0160 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 https://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
Because the NRC considers this action to be non-controversial, 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. The direct final rule will become effective on December 17,
2019. However, if the NRC receives significant adverse comments on this
proposed rule by November 4, 2019, 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 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.
(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 to make a change (other than
editorial) to the rule, certificate of compliance, or technical
specifications.
For 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 of 1982, as amended,
requires that ``[t]he 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 Nuclear
Waste Policy Act states, in part, that ``[the Commission] shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule which added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000, that approved the HI-STORM 100 Cask System design and
added it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance No. 1014 (65 FR 25241).
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.
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 31885). The NRC
requests comment on the proposed rule with respect to the clarity and
effectiveness of the language used.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through the following method.
[[Page 52817]]
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Document ADAMS accession No.
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Letter from Holtec International Transmitting ML18331A052
Request for Amendment No. 14 to Certificate
of Compliance No. 1014, October 31, 2018.
Attachment 1: Summary of Request for ML18331A043
Amendment No. 14 to Certificate of
Compliance No. 1014, October 31, 2018.
Attachment 2: Proposed Amendment No. 14 to ML18331A046
Certificate of Compliance No. 1014, October
31, 2018.
Attachment 3: Proposed Amendment No. 14 to ML18331A047
Certificate of Compliance No. 1014, Appendix
A, October 31, 2018.
Attachment 4: Proposed Amendment No. 14 to ML18331A048
Certificate of Compliance No. 1014, Appendix
B, October 31, 2018.
Attachment 5: Final Safety Analysis Report ML18331A049
Proposed Changes, October 31, 2018.
Letter from Holtec International Transmitting ML18324A577
Supplement to Amendment Request, November 6,
2018.
Letter from Holtec International Transmitting ML19065A053
Responses to NRC's 1st Round of Requests for
Additional Information for Amendment No. 14,
February 28, 2019.
Attachment 2: Request for Additional ML19065A027
Information, Combined Responses, Non-
Proprietary, February 28, 2019.
Attachment 3: Final Safety Analysis Report ML19065A029
Proposed Changes, Non-Proprietary, February
28, 2019.
Attachment 4: Summary of Proposed Changes, ML19065A030
Non-Proprietary, February 28, 2019.
Letter from Holtec International Transmitting ML19101A339
Responses to Clarification Questions, April
5, 2019.
Attachment 1: Responses to Clarification ML19101A337
Questions, April 5, 2019.
Attachment 2: Final Safety Analysis Report ML19114A289
(Proposed Revision 16B), April 5, 2019.
Letter from Holtec International, Submittal ML19121A280
of Responses to Clarification Questions,
April 23, 2019.
Final Safety Analysis Report (Proposed ML19121A279
Revision 16B), Chapter 2, Changed Pages,
April 5, 2019.
Letter from Holtec International, Submittal ML19140A278
of Responses to Clarification Questions,
dated May 13, 2019.
Final Safety Analysis Report (Proposed ML19140A277
Revision 16B), Chapter 2, Changed Pages, May
13, 2019.
Proposed Certificate of Compliance No. 1014 ML19120A058
Amendment No. 14, Certificate of Compliance
for Spent Fuel Storage Casks.
Proposed Certificate of Compliance No. 1014 ML19120A059
Amendment No. 14, Technical Specifications,
Appendix A.
Proposed Certificate of Compliance No. 1014 ML19120A061
Amendment No. 14, Technical Specifications,
Appendix B.
Proposed Certificate of Compliance No. 1014 ML19120A062
Amendment No. 14, Technical Specifications,
Appendix A-100U.
Proposed Certificate of Compliance No. 1014 ML19120A063
Amendment No. 14, Technical Specifications,
Appendix B-100U.
Certificate of Compliance No. 1014 Amendment ML19120A064
No. 14, Preliminary Safety Evaluation Report.
E-mail from J. Tomlinson, Holtec, regarding ML19224A393
administrative change to HI-Storm 100
Amendment 14 CoC, Appendix B, August 8, 2019.
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The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2019-0160. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2019-0160); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
Dated at Rockville, Maryland, this 17th day of September, 2019.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Executive Director for Operations.
[FR Doc. 2019-21210 Filed 10-2-19; 8:45 am]
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