[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18857-18861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06662]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Rules
and Regulations
[[Page 18857]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0224]
RIN 3150-AK40
List of Approved Spent Fuel Storage Casks: TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of
Compliance No. 1042, Amendment No. 1
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 TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
1 to Certificate of Compliance No. 1042. Amendment No. 1 makes the
following changes: Adds a new basket type (Type 4) to allow for the
loading of intact, damaged, or failed fuel; adds another new basket
type (Type 5) with low conductivity poison basket plates and low
emissivity coated steel basket plates; accepts fuel assemblies with a
minimum two-year cooling time, in selected locations within the basket;
adds the NUHOMS[supreg] MATRIX design as an alternative to the EOS
horizontal storage module design for the storage of spent fuel; and
makes additional revisions to the certificate of compliance and the
technical specifications for consistency and clarity. These changes are
discussed in more detail in the ``Discussion of Changes'' section of
this rule.
DATES: This direct final rule is effective June 17, 2020, unless any
significant adverse comment is received by May 4, 2020. If this direct
final rule is withdrawn as a result of such a comment, timely notice of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 NRC 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0224. When
preparing and submitting your comments, see ``Tips for Submitting
Effective Comments'' at https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf. 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 Section I, ``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; telephone: 301-415-6825; email:
[email protected] or Nicole Fields, Office of Nuclear Material
Safety and Safeguards; telephone: 630-829-9570; 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 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-2019-0224 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-2019-0224.
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 Section XIV, ``Availability of Documents,'' in this
document.
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-2019-0224 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
[[Page 18858]]
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
This rule is limited to the changes contained in Amendment No. 1 to
Certificate of Compliance No. 1042 and does not include other aspects
of the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System
design. The NRC is using the ``direct final rule procedure'' to issue
this amendment because it represents a limited and routine change to an
existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety
continues to be ensured. The amendment to the rule will become
effective on June 17, 2020. However, if the NRC receives any
significant adverse comment on this direct final rule by May 4, 2020,
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 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.
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 that 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.'' 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 direct final rule on March 24, 2017, that
approved the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage
System design and added it to the list of NRC-approved cask designs in
Sec. 72.214 as Certificate of Compliance No. 1042.
IV. Discussion of Changes
On February 15, 2018, as supplemented on June 14, 2018, August 30,
2018, February 19, 2019, March 21, 2019, June 19, 2019, July 16, 2019,
July 17, 2019, August 29, 2019, and October 1, 2019, TN Americas LLC
submitted a request to amend Certificate of Compliance No. 1042 for the
NUHOMS[supreg] EOS Dry Spent Fuel Storage System. Amendment No. 1 makes
the following five changes:
(1) Adds a new basket type (Type 4) to allow for the loading of
intact, damaged, or failed fuel. The new Type 4 basket with staggered
alignment of the steel, aluminum, and poison basket plates is for the
EOS-37PTH dry shielded canister. An option (Type 4L) is also added for
the Type 4 basket, which has steel basket plates with a low emissivity
coating and poison basket plates with low conductivity. The Type 4
basket has the ability to be stored in either the EOS horizontal
storage module (EOS-HSM) or the new NUHOMS[supreg] MATRIX (HSM-MX)
design. This change allows for the loading of damaged or failed fuel.
The initial Certificate of Compliance No. 1042 does not allow for the
loading of damaged or failed fuel. Six new heat load zone
configurations for the EOS-37PTH dry shielded canister are added for
the new Type 4 basket.
(2) Adds another new basket type (Type 5) with low conductivity
poison basket plates and low emissivity coated steel basket plates. The
new Type 5 basket for the EOS-37PTH dry shielded canister is comparable
in geometry to existing Types 1, 2 and 3 baskets. The Type 5 basket has
the ability to be stored in either the EOS-HSM or the new HSM-MX
design. Four of the six new heat load zone configurations added for the
Type 4 basket are also added for the Type 5 basket.
(3) Accepts fuel assemblies with a minimum two-year cooling time,
in selected locations within the basket. This change is applicable to
the EOS-37PTH dry shielded canister.
(4) Adds the HSM-MX design as an alternative to the EOS-HSM design
for the storage of spent fuel. The new HSM-MX design is an alternative
for either an EOS-37PTH dry shielded canister or an EOS-89BTH dry
shielded canister. The HSM-MX is a reinforced concrete monolithic
modular structure, which is similar to the EOS-HSM reinforced concrete
modular structure except that the HSM-MX is a staggered, two-tiered
modular structure.
(5) Makes additional revisions to the certificate of compliance and
the technical specifications for consistency and clarity. These
revisions are described in the application package.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. There are no significant changes to cask design
[[Page 18859]]
requirements in the proposed amendment. The design of the cask would
prevent loss of containment, shielding, and criticality control in the
event of each evaluated accident condition. This amendment 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 Amendment No. 1 would remain well within the
limits specified by 10 CFR part 20, ``Standards for Protection Against
Radiation.'' 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.
The amended TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel
Storage System design, when used under the conditions specified in the
certificate of compliance, the technical specifications, 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
reasonably assured. When this direct final rule becomes effective,
persons who hold a general license under Sec. 72.210 may, consistent
with the license conditions under Sec. 72.212, load spent nuclear fuel
into TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System
casks that meet the criteria of Amendment No. 1 to Certificate of
Compliance No. 1042.
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 adds an
amendment to the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel
Storage System design listed in 10 CFR 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 ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017, 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
chapter I. 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 Agreement State's administrative procedure laws.
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.
VIII. Environmental Assessment and Finding of no Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 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
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
1 to Certificate of Compliance No. 1042.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System design
within the list of approved spent fuel storage casks that power reactor
licensees can use to store spent fuel at reactor sites under a general
license. Specifically, Amendment No. 1 makes the following changes: (1)
adds a new basket type (Type 4) to allow for the loading of intact,
damaged, or failed fuel; (2) adds another new basket type (Type 5) with
low conductivity poison basket plates and low emissivity coated steel
basket plates; (3) accepts fuel assemblies with a minimum two-year
cooling time, in selected locations within the basket; (4) adds the
HSM-MX design as an alternative to the EOS-HSM design for the storage
of spent fuel; and (5) makes additional revisions to the certificate of
compliance and the technical specifications for consistency and
clarity.
C. Environmental Impacts of the Action
On July 18, 1990, 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 analyzed in an environmental
assessment for the 1990 final rule. The environmental assessment for
Amendment No. 1 tiers off of the environmental assessment for the July
18, 1990, final rule. Tiering on past environmental assessments is a
standard process under the National Environmental Policy Act of 1969,
as amended.
The TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage
System is 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
independent spent fuel storage installation, the type of facility at
which a holder of a power reactor operating license would store spent
fuel in casks in accordance with 10 CFR part 72, can include tornado
winds and tornado-generated missiles, a design basis earthquake, a
design basis flood, an accidental cask drop, lightning effects, fires,
explosions, and other incidents.
The design of the cask would still prevent loss of confinement,
shielding, and criticality control in the event of an accident. If
there is no loss of confinement, shielding, or criticality control, the
environmental impacts resulting from an accident would be
insignificant. This amendment does not reflect a significant change in
design or fabrication of the cask.
Because there are no significant design or process changes, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 1 would remain well within the 10 CFR
part 20 limits. Therefore, the proposed changes will not result in any
radiological or non-radiological environmental impacts that
significantly differ from the environmental impacts evaluated in
environmental assessment supporting
[[Page 18860]]
the July 18, 1990, final rule. There will be no significant change in
the types or significant revisions in the amounts of any effluent
released, no significant increase in the individual or cumulative
radiation exposures, and no significant increase in the potential for,
or consequences from, radiological accidents. The NRC documented its
safety findings in the preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
1 and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System in
accordance with the changes described in proposed Amendment No. 1 would
have to request an exemption from the requirements of Sec. Sec. 72.212
and 72.214. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee. The environmental impacts would be the same
as the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 1 to Certificate of Compliance No. 1042
would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51.
Based on the foregoing environmental assessment, the NRC concludes that
this direct final rule entitled, ``List of Approved Spent Fuel Storage
Casks: TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage
System, Certificate of Compliance No. 1042, Amendment No. 1,'' 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, 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
Office of Management and Budget 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, 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:
(1) Notifies the NRC in advance; (2) the spent fuel is stored under the
conditions specified in the cask's certificate of compliance; and (3)
the conditions of the general license are met. A list of NRC-approved
cask designs is contained in Sec. 72.214. On March 24, 2017, the NRC
issued an amendment to 10 CFR part 72 that approved the NUHOMS[supreg]
EOS Dry Spent Fuel Storage System design by adding it to the list of
NRC-approved cask designs in Sec. 72.214.
On February 15, 2018, as supplemented on June 14, 2018, August 30,
2018, February 19, 2019, March 21, 2019, June 19, 2019, July 16, 2019,
July 17, 2019, August 29, 2019, and October 1, 2019, TN Americas LLC
submitted a request to amend the NUHOMS[supreg] EOS Dry Spent Fuel
Storage System as described in Section IV, ``Discussion of Changes,''
of this document.
The alternative to this action is to withhold approval of Amendment
No. 1 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into TN Americas LLC NUHOMS[supreg] EOS Dry
Spent Fuel Storage System under the changes described in Amendment No.
1 to request an exemption from the requirements of Sec. Sec. 72.212
and 72.214. Under this alternative, each interested 10 CFR part 72
licensee would have to prepare, and the NRC would have to review, a
separate exemption request, thereby increasing the administrative
burden on the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, 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; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (Sec. 72.62) does not
apply to this direct final rule. Therefore, a backfit analysis is not
required. This direct final rule revises Certificate of Compliance No.
1042 for the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage
System, as currently listed in Sec. 72.214. The revision consists of
the changes in Amendment No. 1 previously described, as set forth in
the revised certificate of compliance and technical specifications.
Amendment No. 1 to Certificate of Compliance No. 1042 for the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System was
initiated by TN Americas LLC and was not submitted in response to new
NRC requirements, or an NRC request for amendment. Amendment No. 1
applies only to new casks fabricated and used under Amendment No. 1.
These changes do not affect existing users of the TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and the initial
Certificate of Compliance No. 1042 continues to be effective for
existing users. While current users of this storage system may comply
with the new requirements in Amendment No. 1, this would be a voluntary
decision on the part of current users.
For these reasons, Amendment No. 1 to Certificate of Compliance No.
1042
[[Page 18861]]
does not constitute backfitting under Sec. 72.62 or Sec.
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 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 et seq.).
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 Register
Document citation
------------------------------------------------------------------------
Proposed Certificate of ML19290H608.
Compliance No. 1042, Amendment
No. 1.
Proposed Technical ML19290H605.
Specifications, Certificate of
Compliance No. 1042, Amendment
No. 1, Appendix A.
Preliminary Safety Evaluation ML19290H606.
Report, Certificate of
Compliance No. 1042, Amendment
No. 1.
Application for Amendment 1 to ML18053A220 (package).
the NUHOMS EOS System, Revision
0, dated February 15, 2018.
Acceptance Review of TN Americas, ML18178A029 (package).
LLC Application for Certificate
of Compliance No. 1042,
Amendment 1 to NUHOMS EOS
System, Rev. 1--Response to
Request for Supplemental
Information, dated June 14, 2018.
Acceptance Review (Continued) of ML18255A124 (package).
TN Americas LLC Application for
Certificate of Compliance No.
1042, Amendment No. 1, to the
NUHOMS EOS System, Revision 2--
Response to Second Request for
Supplemental Information, dated
August 30, 2018.
Application for Amendment 1 to ML19058A410 (package).
NUHOMS EOS Certificate of
Compliance No. 1042, Rev. 3--
Response to Request for
Additional Information, dated
February 19, 2019.
Application for Amendment 1 to ML19084A054.
NUHOMS EOS Certificate of
Compliance No. 1042, Revision 4--
Computer Files Associated with
Certain CoC 1042 Amendment 1
Request for Additional
Information Items (Docket No. 72-
1042, CAC No. 001028, EPID: L-
2018-LLA-0043), dated March 21,
2019.
Submittal of Amendment 1 to ML19176A315 (package).
NUHOMS EOS Certificate of
Compliance No. 1042, Revision 5--
Revised Responses to Request for
Additional Information, dated
June 19, 2019.
Application for Amendment 1 to ML19204A228 (package).
NUHOMS EOS Certificate of
Compliance No. 1042, Revision 6--
Revised Responses to Request for
Additional Information, dated
July 16, 2019.
E-Mail from G. Mathues/Orano TN ML19220A177 (package).
to C. Jacobs/NRC re: EOS
Amendment 1 CoC Clarifications,
dated July 17, 2019.
Transmittal Letter Regarding ML19248C254 (package).
Application for Amendment 1 to
NUHOMS EOS Certificate of
Compliance No. 1042, Revision 7--
Technical Specifications Table 3
Editorial Correction, dated
August 29, 2019.
Orano USA--Application for ML19274B914.
Amendment 1 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 8--Appendix 3.9.7
Editorial Correction, dated
October 1, 2019.
Agreement State Program Policy 82 FR 48535.
Statement, dated October 18,
2017.
Plain Language in Government 63 FR 31885.
Writing, dated June 10, 1998.
Storage of Spent Fuel In NRC- 55 FR 29181.
Approved Storage Casks at Power
Reactor Sites: Final Rule, dated
July 18, 1990.
List of Approved Spent Fuel 82 FR 14987.
Storage Casks: TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent
Fuel Storage System, Certificate
of Compliance No. 1042: Direct
Final Rule, dated March 24, 2017.
Certificate of Compliance No. ML17215A161.
1042, Initial Certificate,
Corrected.
------------------------------------------------------------------------
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-2019-0224. 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-2019-0224); (2) click the ``Sign up for Email
Alerts'' link; and 3) enter your email address and select how
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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.
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
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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.
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2. In Sec. 72.214, revise Certificate of Compliance No. 1042 to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1042.
Initial Certificate Effective Date: June 7, 2017.
Amendment Number 1 Effective Date: June 17, 2020.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS
Dry Spent Fuel Storage System.
Docket Number: 72-1042.
Certificate Expiration Date: June 7, 2037.
Model Number: EOS-37PTH, EOS-89BTH.
Dated at Rockville, Maryland, this 18th day of March, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-06662 Filed 4-2-20; 8:45 am]
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