[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Pages 39096-39098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13729]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 /
Proposed Rules
[[Page 39096]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0202]
RIN 3150-AK39
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
Standardized NUHOMS[supreg] Horizontal Modular Storage System
Certificate of Compliance No. 1004, Renewed Amendment No. 16
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations by revising the TN Americas LLC, Standardized
NUHOMS[supreg] Horizontal Modular Storage System (Standardized
NUHOMS[supreg] System) listing within the ``List of approved spent fuel
storage casks'' to include Renewed Amendment No. 16 to Certificate of
Compliance No. 1004. This amendment used a qualitative risk-informed
approach (graded approach criteria) to streamline the format and
content of the certificate of compliance. Renewed Amendment No. 16 does
not include any design or fabrication changes to the Standardized
NUHOMS[supreg] System.
DATES: Submit comments by July 30, 2020. 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-2019-0202. 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.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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: Norma Garcia Santos, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6999; 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
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0202 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-2019-0202.
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.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2019-0202 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 September 14,
2020. However, if the NRC receives any significant adverse comments by
July 30, 2020, 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 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.
[[Page 39097]]
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.
For a more detailed discussion of the proposed rule changes and
associated analyses, 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 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'' (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
December 22, 1994 (59 FR 65898), that approved the Standardized
NUHOMS[supreg] System design and added it to the list of NRC-approved
cask designs provided in Sec. 72.214 as Certificate of Compliance No.
1004.
On June 29, 2017, TN Americas LLC submitted a request to the NRC to
amend Certificate of Compliance No. 1004. TN Americas LLC supplemented
its request on the following dates: August 31, 2017; October 13, 2017;
November 16, 2017; April 26, 2018; June 7, 2018; September 3, 2019;
September 6, 2019; September 10, 2019; and September 11, 2019. Because
this amendment is subsequent to TN Americas LLC's Standardized
NUHOMS[supreg] System, Certificate of Compliance No. 1004 renewal, it
is subject to the Aging Management Program requirements of the renewed
certificate of compliance; therefore, it is referred to as ``Renewed
Amendment No. 16.'' Renewed Amendment No. 16 contains no design or
fabrication changes to the Standardized NUHOMS[supreg] System; rather,
the applicant requested changes to the format and content of the
certificate.
This amendment application was used as a pilot project to apply a
qualitative risk-informed approach (using the ``graded approach
criteria'') that could be used to streamline the format and content of
certificates of compliance. In 2016 and 2017, the NRC coordinated with
external stakeholders through a series of public workshops to explore
options for achieving efficiencies through changes to the format and
content of certificates of compliance. The information obtained from
those workshops supported development of risk-informed graded approach
criteria to streamline the format and content of a certificate of
compliance for a spent fuel storage system. The graded approach
criteria help determine the level of detail and location of information
that should be included in a certificate of compliance for a spent fuel
dry storage cask design. Chapter 2 of the preliminary safety evaluation
report for this amendment discusses the development of the graded
approach criteria in more detail, including information on the public
meetings that were held and how the criteria were applied in review of
this amendment request. The graded approach is further described in
Regulatory Issue Resolution Protocol I-16-01. The NRC recently endorsed
the graded approach criteria by letter to the Nuclear Energy Institute,
dated January 8, 2020. For additional information about this amendment,
see the direct final rule published in the Rules and Regulations
section of this issue of the Federal Register.
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 31883). The NRC
requests comment on the proposed rule with respect to clarity and
effectiveness of the language used.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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ADAMS accession No., (ADAMS package
Document accession No.), or Federal Register
citation
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Areva Inc.'s (former name of (ML15239A718)
TN Americas LLC) Request to
Make Changes to Certificate
of Compliance 1004,
Amendments 0-11 and 13;
dated August 24, 2015.
Letter from P. Triska, Areva, (ML16054A214)
to the NRC; Response to
Request for Additional
Information; dated February
9, 2016.
Letter from P. Triska, Areva, (ML16054A226)
to the NRC; Response to
Request for Additional
Information; dated February
9, 2016.
[[Page 39098]]
Letter from R. McCullum/NEI ML17138A119
to M. Layton/NMSS/DSFM re:
Regulatory Issue Protocol
Screening Form and
Resolution Plan for
Improving the Part 72
Regulatory Framework (RIRP-I-
16-01), dated, May 12, 2017.
TN Americas LLC Request to (ML17191A227)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; letter dated June
29, 2017.
TN Americas LLC Request to (ML17249A001)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; supplemental
letter dated August 31, 2017.
TN Americas LLC; Certificate 82 FR 44879
of Compliance No. 1004,
Renewed Amendment No. 14;
letter dated September 27,
2017.
TN Americas LLC Request to (ML17304A278)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; supplemental
letter dated October 13,
2017.
TN Americas LLC Request to (ML17325A408)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; supplemental
letter dated November 16,
2017.
TN Americas LLC Request to (ML18124A195)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; supplemental
letter dated April 26, 2018.
TN Americas LLC Request to ML18162A093
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; supplemental
letter dated June 7, 2018.
TN Americas LLC Request to (ML19255E934)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004; supplemental
letter dated September 3,
2019.
Email from D. Shaw (TN ML19252A394
Americas LLC) to N. Garcia
Santos (NRC) RE: Certificate
of Compliance No. 1004,
Amendment 16
(NUHOMS[supreg])--NRC
Clarification of Terminology
in Certificate of
Compliance; Dated September
6, 2019.
TN Americas LLC Request to (ML19253C390)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004, Form 74--
Correction to Appendix A of
the Certificate of
Compliance, dated, September
10, 2019.
TN Americas LLC Request to (ML19254C951)
Add Amendment No. 16 to
Certificate of Compliance
No. 1004, Form 29--
Correction to Appendix A and
B of the Certificate of
Compliance; dated, September
11, 2019.
TN Americas LLC Amendment No. ML19262E160
16 to Certificate of
Compliance No. 1004.
Technical Specifications for ML19262E154, ML19262E156, and ML19262E158
TN Americas LLC Amendment
No. 16 to Certificate of
Compliance No. 1004.
Preliminary Safety Evaluation ML19262E161
Report for TN Americas LLC
Amendment No. 16 to
Certificate of Compliance
No. 1004.
Letter from A. Kock, NMSS/ (ML19353D337)
DFM, to R. McCullum, NEI,
Endorsement of Graded
Approach Criteria; dated
January 8, 2020.
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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-2019-0202. 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-2019-0202; (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).
Dated June 15, 2020.
For the Nuclear Regulatory Commission.
Margaret Doane,
Executive Director of Operations.
[FR Doc. 2020-13729 Filed 6-29-20; 8:45 am]
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