[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Rules and Regulations]
[Pages 39049-39055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13730]
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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: 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,
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: This direct final rule is effective September 14, 2020, unless
significant adverse comments are received by July 30, 2020. 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direct final rule is withdrawn as a result of such comments, timely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 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-2019-0202. 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 Garc[iacute]a 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. 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
[[Page 39050]]
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-2019-0202 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
This rule is limited to the changes contained in Renewed Amendment
No. 16 to Certificate of Compliance No. 1004 and does not include other
aspects of the Standardized NUHOMS[supreg] 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. The NRC has
determined that, with the changes, reasonable assurance for adequate
protection of public health and safety will continue to be ensured. The
amendment to the rule will become effective on September 14, 2020.
However, if the NRC receives significant adverse comments on this
direct final rule by July 30, 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'' (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.
By application dated August 24, 2015, as supplemented on February
9, 2016, TN Americas LLC submitted a request to the NRC, in accordance
with Sec. 72.244, to renew and revise Certificate of Compliance No.
1004. On December 4, 2017, the NRC issued the renewals of the initial
certificate; Amendment Nos. 1 through 11 and 13, Revision 1; and
Amendment No. 14 of Certificate of Compliance No. 1004 for the
Standardized NUHOMS[supreg] System. Subsequently, Renewed Amendment No.
15 was issued on December 14, 2018. The certificates were renewed for
an additional 40-year period. This certificate, its amendments, and all
future amendments to the certificate are referred to as Renewed
Amendments.
[[Page 39051]]
IV. Discussion of Changes
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 that could be used 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.
The NRC prepared a preliminary safety evaluation report that
documents its review of TN Americas LLC's amendment request for Renewed
Amendment No. 16. 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.
The preliminary safety evaluation report additionally documents
that the proposed changes to Certificate of Compliance No. 1004
continue to provide reasonable assurance of adequate protection to
public health and safety. The preliminary safety evaluation report also
concludes that the proposed changes were included in the appropriate
section of the certificate of compliance, its appendices, and/or the
updated final safety analysis report; and that the proposed changes did
not include any design or fabrication changes.
In reaching this determination, the NRC reviewed the applicant's
use of the graded approach criteria that are described in detail in
Chapter 2 of the preliminary safety evaluation report. In general, the
criteria were used to evaluate whether the changes proposed to the
format and content of Certificate of Compliance No. 1004 were
appropriate. The staff reviewed the applicant's use of the graded
approach criteria to ensure that the certificate included information
that was important to safety and that no information was removed if the
information met one of the risk criteria. The changes to Certificate of
Compliance No. 1004 and its appendices are identified with revision
bars in the margin of each licensing document.
As documented in the preliminary safety evaluation report, there
are no changes to cask design 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 change in design or
fabrication of the cask. In addition, because there are no design or
fabrication changes, there are no resulting changes in occupational
exposure or offsite dose rates from the implementation of Renewed
Amendment No. 16; therefore, exposure and dose rate limits would remain
well within the limits specified by 10 CFR part 20, ``Standards for
Protection Against Radiation.'' With no design or fabrication changes,
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 NRC staff determined that the amended Standardized
NUHOMS[supreg] 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 Standardized NUHOMS[supreg] System
casks that meet the criteria of Renewed Amendment No. 16 to Certificate
of Compliance No. 1004.
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 revises the
TN Americas LLC Standardized 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 ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017 and published in the Federal Register
on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. 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. Therefore, compatibility is not required for program
elements in this category. 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.
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).
[[Page 39052]]
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 subpart A of 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 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 revises the certificate of
compliance using the graded approach criteria to change the format and
content of the certificate of compliance. No technical changes were
made to the certificate of compliance as part of this amendment.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
Standardized NUHOMS[supreg] System design within the list of approved
spent fuel storage casks to allow power reactor licensees to store
spent fuel at reactor sites under a general license. Specifically, this
amendment revises the certificate of compliance to enable the use of
the graded approach criteria to change the format and content of the
certificate of compliance to (1) include only the information that is
needed for safety, (2) move information to the appendices or the final
safety analysis report such as consolidating similar programmatic or
technical information in a centralized location which facilities the
use of the certificate, (3) remove requirements already in 10 CFR part
72, and (4) remove duplicative information in the certificate of
compliance, the appendices, or the updated final safety analysis
report.
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 for the 1990 final rule. The
environmental assessment for this Renewed Amendment No. 16 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 Standardized NUHOMS[supreg] Systems are 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, fire, explosions, and other types of
incidents.
Considering the specific design requirements for each accident
condition, the design of the cask would 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 changes in the design or
fabrication of the storage system. Because there are no design or
process changes, any resulting occupational exposure or offsite dose
rates from the implementation of Renewed Amendment No. 16 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 the environmental assessment supporting 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
exposure, 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 Renewed
Amendment No. 16 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 Standardized NUHOMS[supreg] System in
accordance with the changes described in proposed Renewed Amendment No.
16 would have to request an exemption from the requirements of
Sec. Sec. 72.212 and 72.214 for some of the risk-informed changes
proposed. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption request
for some of these changes, 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 Renewed Amendment No. 16 to Certificate of Compliance
No. 1004 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 National Environmental Policy Act of 1969, as
amended, 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 environmental
assessment, the NRC concludes that this direct final rule entitled
``List of Approved Spent Fuel Storage Casks: TN Americas LLC,
Standardized NUHOMS[supreg] Horizontal Modular System, Certificate of
Compliance No. 1004, Renewed Amendment No. 16'' 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
[[Page 39053]]
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 (Sec. 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: (1) It 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
December 22, 1994 (59 FR 65898), the NRC issued an amendment to 10 CFR
part 72 that approved the Standardized NUHOMS[supreg] System design by
adding it to the list of NRC-approved cask designs in Sec. 72.214.
On June 29, 2017, as supplemented on 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, TN
Americas LLC submitted a request to amend the Standardized
NUHOMS[supreg] System as described in Section IV, ``Discussion of
Changes,'' of this document.
The alternative to this action is to not approve the amendment, as
discussed in Section VIII.D. of this document. If Renewed Amendment No.
16 is not approved, users of this design would not be able to process
some changes under the provisions of Sec. 72.48, thereby decreasing
efficiency and increasing costs in the long term. To implement some of
the format and content changes, users of the design would have to
request an exemption from some of 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 NRC would have to review, a
separate exemption request, thereby increasing the administrative
burden upon 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, and 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.
1004 for the TN Americas LLC Standardized NUHOMS[supreg] System, as
currently listed in Sec. 72.214. The amendment consists of the changes
in Renewed Amendment No. 16 previously described, as set forth in the
revised certificate of compliance and technical specifications.
Renewed Amendment No. 16 to Certificate of Compliance No. 1004 for
the Standardized NUHOMS[supreg] System was initiated by TN Americas LLC
and was not submitted in response to new NRC requirements, or an NRC
request for amendment. Renewed Amendment No. 16 applies only to new
casks fabricated and used under Renewed Amendment No. 16. These changes
do not affect existing users of the Standardized NUHOMS[supreg] System,
and previous amendments continue to be effective for existing users.
While current certificate of compliance users may comply with Renewed
Amendment No. 16, this would be a voluntary decision on the part of
current users.
For these reasons, Renewed Amendment No. 16 to Certificate of
Compliance No. 1004 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.
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.
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ADAMS accession No., (ADAMS package accession No.),
Document or Federal Register citation
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Areva Inc.'s (former name of TN Americas LLC) Request to (ML15239A718).
Make Changes to Certificate of Compliance 1004,
Amendments 0-11 and 13; dated August 24, 2015.
Letter from P. Triska, Areva, to the NRC; Response to (ML16054A214).
Request for Additional Information; dated February 9,
2016.
Letter from P. Triska, Areva, to the NRC; Response to (ML16054A226).
Request for Additional Information; dated February 9,
2016.
Letter from R. McCullum/NEI to M. Layton/NMSS/DSFM re: ML17138A119.
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 Add Amendment No. 16 to (ML17191A227).
Certificate of Compliance No. 1004; letter dated June
29, 2017.
TN Americas LLC Request to Add Amendment No. 16 to (ML17249A001).
Certificate of Compliance No. 1004; supplemental letter
dated August 31, 2017.
TN Americas LLC; Certificate of Compliance No. 1004, 82 FR 44879.
Renewed Amendment No. 14; letter dated September 27,
2017.
TN Americas LLC Request to Add Amendment No. 16 to (ML17304A278).
Certificate of Compliance No. 1004; supplemental letter
dated October 13, 2017.
[[Page 39054]]
TN Americas LLC Request to Add Amendment No. 16 to (ML17325A408).
Certificate of Compliance No. 1004; supplemental letter
dated November 16, 2017.
TN Americas LLC Request to Add Amendment No. 16 to (ML18124A195).
Certificate of Compliance No. 1004; supplemental letter
dated April 26, 2018.
TN Americas LLC Request to Add Amendment No. 16 to ML18162A093.
Certificate of Compliance No. 1004; supplemental letter
dated June 7, 2018.
TN Americas LLC Request to Add Amendment No. 16 to (ML19255E934).
Certificate of Compliance No. 1004; supplemental letter
dated September 3, 2019.
Email from D. Shaw (TN Americas LLC) to N. Garcia Santos ML19252A394.
(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 Add Amendment No. 16 to (ML19253C390).
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 Add Amendment No. 16 to (ML19254C951).
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. 16 to Certificate of ML19262E160.
Compliance No. 1004.
Technical Specifications for TN Americas LLC Amendment ML19262E154, ML19262E156, and ML19262E158.
No. 16 to Certificate of Compliance No. 1004.
Preliminary Safety Evaluation Report for TN Americas LLC ML19262E161.
Amendment No. 16 to Certificate of Compliance No. 1004.
Letter from A. Kock, NMSS/DFM, to R. McCullum, NEI, (ML19353D337).
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
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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
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 No. 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.
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.
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.
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.
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.
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.
[[Page 39055]]
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.
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.
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.
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.
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.
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.
Renewed Amendment Number 11, Revision 1, Effective Date: December
11, 2017, as corrected (ADAMS Accession No. ML18018A043).
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.
Renewed Amendment Number 13, Revision 1, Effective Date: December
11, 2017, as corrected (ADAMS Accession No. ML18018A100).
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.
Renewed Amendment Number 15 Effective Date: January 22, 2019.
Renewed Amendment Number 16 Effective Date: September 14, 2020.
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 June 15, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-13730 Filed 6-29-20; 8:45 am]
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