[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77267-77268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26516]
[[Page 77267]]
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NUCLEAR REGULATORY COMMISSION
[NRC-2018-0066]
Dry Storage and Transportation of High Burnup Spent Nuclear Fuel
AGENCY: Nuclear Regulatory Commission.
ACTION: NUREG; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-
2224, ``Dry Storage and Transportation of High Burnup Spent Nuclear
Fuel.'' The NUREG provides technical background information applicable
to high burnup spent nuclear fuel (HBU SNF), provides an engineering
assessment of recent NRC-sponsored mechanical testing of HBU SNF, and
presents example approaches for licensing and certification of HBU SNF
in transportation and dry storage.
ADDRESSES: Please refer to Docket ID NRC-2018-0066 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Address questions about Docket
IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127;
email: [email protected]. Go to https://www.regulations.gov and
search for Docket ID NRC-2018-0066. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
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]. The ADAMS accession number for each
document referenced in this document (if that document is available in
ADAMS) is provided the first time that a document is referenced.
FOR FURTHER INFORMATION CONTACT: Ricardo Torres, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555 0001; telephone: 301-415-7508, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
NUREG-2224, ``Dry Storage and Transportation of High Burnup Spent
Nuclear Fuel'' (ADAMS Accession No. ML20191A321), is a technical basis
document which expands on the aspects that pertain to hydride
reorientation in HBU SNF cladding, as discussed in SFST-ISG-11,
Revision 3, ``Cladding Considerations for the Transportation and
Storage of Spent Fuel'' (ADAMS Accession No. ML033230335), NUREG-2215,
``Standard Review Plan for Spent Fuel Dry Storage Systems and
Facilities--Final Report'' (ADAMS Accession No. ML20121A190), and
NUREG-2216, ``Standard Review Plan for Transportation Packages for
Spent Fuel and Radioactive Material: Final Report'' (ADAMS Accession
No. ML20234A651). Hydride reorientation is a process in which the
orientation of hydrides precipitated in HBU SNF cladding during reactor
operation changes from the circumferential-axial to the radial-axial
direction. NUREG-2224 provides an engineering assessment of the results
of NRC-sponsored research (NUREG/CR-7198, Rev. 1, ``Mechanical Fatigue
Testing of High-Burnup Fuel for Transportation Application'' ADAMS
Accession No. ML17292B057) on the mechanical performance of HBU SNF
following hydride reorientation. Per the conclusions of that
assessment, NUREG-2224 presents example approaches for licensing and
certification of HBU SNF for transportation (under part 71 of title 10
of the Code of Federal Regulations (10 CFR), ``Packaging and
Transportation of Radioactive Material'') and dry storage (under 10 CFR
part 72, ``Licensing Requirements for the Independent Storage of Spent
Nuclear Fuel and High-Level Radioactive Waste, and Reactor-Related
Greater Than Class C Waste'').
II. Additional Information
On August 9, 2018 (83 FR 39475), the NRC solicited comments on
draft NUREG-2224, ``Dry Storage and Transportation of High Burnup Spent
Nuclear Fuel.'' The initial public comment period closed on September
24, 2018. Responding to several requests from the public, the NRC
reopened the public comment period on October 10, 2018 (83 FR 50965),
to allow more time for members of the public to develop and submit
their comments. The staff considered public comments received on the
draft document in preparing the final NUREG-2224. A summary of the
public comments and staff responses are available in ADAMS under
Accession No. ML20120A444.
III. Regulatory Analysis
The NRC prepared a regulatory analysis on this action. The analysis
examines the costs and benefits of the alternatives considered by the
NRC. The regulatory analysis is available at ADAMS Accession No.
ML20188A027.
IV. Backfitting, Forward Fitting, and Issue Finality Provisions
This NUREG (NUREG-2224) sets forth the NRC's position regarding
acceptable approaches for demonstrating regulatory compliance in
applications for dry storage cask Certificates of Compliance (CoCs),
CoCs for transportation packages, and specific licenses for Independent
Spent Fuel Storage Installations (ISFSIs) involving HBU SNF. The
issuance of this NUREG would not constitute backfitting as defined in
the backfitting provisions in 10 CFR 72.62 and would not implicate
forward fitting as described in Management Directive (MD) 8.4,
``Management of Backfitting, Forward Fitting, Issue Finality, and
Information Requests,'' for specific ISFSI licensees. Dry storage cask
CoCs do not fall within the backfitting provision in 10 CFR 72.62, and
there are no backfitting provisions in 10 CFR part 71 regarding CoCs
for transportation packages. Issuance of the NUREG would also not
constitute backfitting or forward fitting under 10 CFR 50.109 or MD
8.4, or otherwise be inconsistent with issue finality provisions in 10
CFR part 52, that are applicable to general ISFSI licensees. The NRC's
position is based upon the following considerations.
1. The NUREG does not constitute backfitting or forward fitting or
affect issue finality. The NUREG provides licensing and certification
approaches acceptable to the NRC staff for demonstrating regulatory
compliance in applications for dry storage cask CoCs, CoCs for
transportation packages, and specific ISFSI licenses involving HBU SNF.
Changes in staff guidance, without further NRC action, are not matters
that meet the definition of backfitting or forward fitting or affect
the issue finality of a 10 CFR part 52 approval.
2. Current or future applicants who may use this guidance in
developing acceptable approaches for demonstrating regulatory
compliance in applications for dry storage cask CoCs, CoCs for
transportation packages, and specific ISFSI licenses involving HBU SNF
in the future are not--with limited exceptions not applicable here--
within
[[Page 77268]]
the scope of the backfitting and issue finality regulations. Applicants
are not, with certain exceptions, covered by either the Backfit Rule or
any issue finality provisions under 10 CFR part 52. This is because
neither the Backfit Rule nor the issue finality provisions under 10 CFR
part 52--with certain exclusions not applicable here--were intended to
apply to every NRC action which substantially changes the expectations
of current and future applicants. If, in the future, the staff seeks to
impose a position in the NUREG in a manner that constitutes backfitting
or does not provide issue finality as described in the applicable issue
finality provision, then the staff would need to address the Backfit
Rule or the criteria for avoiding issue finality as described in the
applicable issue finality provision.
3. The staff does not, at this time, intend to impose the positions
represented in the NUREG in a manner that would constitute forward
fitting. If, in the future, the staff seeks to impose a position in the
NUREG in a manner that constitutes forward fitting, then the staff
would need to address the forward fitting criteria in MD 8.4.
V. Congressional Review Act
This NUREG is a rule as defined in the Congressional Review Act (5
U.S.C. 801-808). However, the Office of Management and Budget has not
found it to be a major rule as defined in the Congressional Review Act.
Dated: November 25, 2020.
For the Nuclear Regulatory Commission.
Christopher M. Regan,
Deputy Director, Division of Fuel Management, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2020-26516 Filed 11-30-20; 8:45 am]
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