[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Rules and Regulations]
[Pages 44262-44267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17227]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2021-0124]
RIN 3150-AK66
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. 2
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.
2 to Certificate of Compliance No. 1042. Amendment No. 2 revises the
certificate of compliance to add a dry shielded canister for storage,
add new heat load zone configurations, and make other changes to the
storage system. Amendment No. 2 also changes the certificate of
compliance, technical specifications, and updated final safety analysis
report for consistency and clarity.
DATES: This direct final rule is effective October 26, 2021 unless
significant adverse comments are received by September 13, 2021. 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this direct final rule is withdrawn as a result of such comments,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.
[[Page 44263]]
ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0124,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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: Christian J. Jacobs, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6825; email:
[email protected] or Andrew G. Carrera, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1078; 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-2021-0124 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-2021-0124. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407,
email: [email protected]. 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
Attention: The 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-2021-0124 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
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 Amendment No. 2 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
cask 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 requested changes,
adequate protection of public health and safety will continue to be
reasonably assured. The amendment to the rule will become effective on
October 26, 2021. However, if the NRC receives any significant adverse
comment on this direct final rule by September 13, 2021, 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
[[Page 44264]]
for additional site-specific approvals by the Commission.'' Section 133
of the Nuclear Waste Policy Act states, in part, that ``[t]he
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
March 24, 2017 (82 FR 14987), as corrected (82 FR 34387; July 25,
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, ``List of approved spent fuel storage
casks,'' as Certificate of Compliance No. 1042.
IV. Discussion of Changes
On April 18, 2019, as supplemented on August 5, 2019; October 2,
2019; October 29, 2019; June 30, 2020; October 29, 2020; and January
27, 2021, 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. 2 revises the certificate of compliance as
follows:
Adds the 61BTH Type 2 dry shielded canister transferred in
the OS197 Transfer Cask for storage in the NUHOMS[supreg] MATRIX (HSM-
MX) design approved in Amendment 1 to certificate of compliance No.
1042;
for the EOS-37PTH dry shielded canister, adds two new heat
load zone configurations for the EOS-37PTH for higher heat load
assemblies, up to 3.5 kW/assembly, that also allow for damaged and
failed fuel storage;
for the EOS-37PTH dry shielded canister, adds basket type
4H, previously introduced in certificate of compliance No. 1042,
Amendment 1, for new heat load zone configurations 1, 4, 5, 6, 8, and
9;
for the EOS-TC108 Transfer Cask System with the EOS-37PTH
dry shielded canister, adds new heat load zone configurations 4 through
9 for the 4H basket and reduce the minimum cooling times to 2 years
(new heat load zone configurations 2 through 9);
for the EOS-37PTH dry shielded canister, increases the
control component source terms to better address potential control
component sources from various shutdown plants; and
revises certain certificate of compliance and technical
specification items for consistency and clarity.
This amendment also revises the certificate of compliance as
follows:
Adds a description of methodology on Cobalt-60 equivalence
to Section 6.2.4 of the updated final safety analysis report (UFSAR),
Control Components, to clarify methodology for Control Components;
adds a description to UFSAR Section 1.2.1.1 for EOS-37PTH
and Section 1.2.1.2 for EOS-89BTH to clarify the option of using a
shield plug integrated with the inner top cover plate;
updates UFSAR Section 2.4.3 to clarify the methodology to
reduce the maximum allowable heat load based on the fuel assembly type;
and
replaces the phrase ``28 days'' with ``which may be tested
up to 56 days'' in paragraph 4.4.4 of the technical specification to
clarify whether concrete testing is required based on horizontal
storage module component temperatures.
As documented in the preliminary safety evaluation report, the NRC
performed a safety review of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the cask would
continue to maintain confinement, shielding, and criticality control in
the event of each evaluated accident condition. In addition, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 2 would remain well within the limits
specified by 10 CFR part 20, ``Standards for Protection Against
Radiation.'' Thus, the NRC found 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 TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System cask 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. 2 to Certificate of Compliance No. 1402.
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 NUHOMS[supreg] EOS Dry Spent Fuel Storage System cask
design listed in Sec. 72.214. 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 wrote this document to be consistent with the Plain
Writing Act as well as the Presidential Memorandum, ``Plain Language in
Government Writing,'' published June 10, 1998 (63 FR 31885).
[[Page 44265]]
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.
2 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 within
the list of approved spent fuel storage casks to allow power reactor
licensees to store spent fuel at reactor sites in casks with the
approved modifications under a general license. Specifically, Amendment
No. 2 revises the certificate of compliance as described in Section IV,
``Discussion of Changes,'' of this document, for the use of the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System.
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 analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 2 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, fire,
explosions, and other incidents.
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. 2 would remain well
within the 10 CFR part 20 limits. The NRC has also determined that the
design of the cask as modified by this rule would still maintain
confinement, shielding, and criticality control in the event of an
accident. 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 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.
2 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. 2 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. 2 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,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule, ``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. 2,'' 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 (Sec. 2.810).
[[Page 44266]]
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 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) and 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 (82 FR 14987), as corrected (82 FR 34387; July 25,
2017), the NRC issued an amendment to 10 CFR part 72 that approved the
TN Americas LLC 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 April 18, 2019, as supplemented on August 5, 2019; October 2,
2019; October 29, 2019; June 30, 2020; October 29, 2020; and January
27, 2021, TN Americas LLC submitted a request to amend the TN Americas
LLC 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. 2 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.
2 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 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; 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. 2 previously described, as set forth in
the revised certificate of compliance and technical specifications.
Amendment No. 2 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. 2
applies only to new casks fabricated and used under Amendment No. 2.
These changes do not affect existing users of the TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and the current
Amendment No. 1 continues to be effective for existing users. While
current users of this storage system may comply with the new
requirements in Amendment No. 2, this would be a voluntary decision on
the part of current users.
For these reasons, Amendment No. 2 to Certificate of Compliance No.
1042 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, as indicated.
------------------------------------------------------------------------
ADAMS Accession No./ Federal Register
Document Citation
------------------------------------------------------------------------
Direct Final Rule, 10 CFR part 82 FR 14987.
72, ``List of Approved Spent
Fuel Storage Casks: TN Americas
LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System,
Certificate of Compliance No.
1042; [NRC-2016-0254] RIN 3150-
AJ88, March 24, 2017.
Correcting Amendment, 10 CFR part 82 FR 34387.
72, ``List of Approved Spent
Fuel Storage Casks: TN Americas
LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System,
Certificate of Compliance No.
1042; [NRC-2016-0254] RIN 3150-
AJ88, July 25, 2017.
Initial Application from TN ML19114A227 (package).
Americas LLC for Certificate of
Compliance No. 1042, Amendment
No. 2, to NUHOMS EOS Dry Spent
Fuel Storage System Certificate
of Compliance No. 1042, April
18, 2019.
Submittal of Acceptance Review of ML19225C845.
TN Americas LLC Application for
Certificate of Compliance No.
1042, Amendment No. 2, to NUHOMS
EOS System, Revision 1, Response
to Request for Supplemental
Information, August 5, 2019.
Acceptance Review of TN Americas ML19282A518.
LLC Application for Certificate
of Compliance No. 1042,
Amendment No. 2, to NUHOMS EOS
System, Revision 2, Supplemental
Information, October 2, 2019.
Acceptance Review of TN Americas ML19311C551.
LLC Application for Certificate
of Compliance No. 1042,
Amendment No. 2, to NUHOMS EOS
System, Revision 3--Supplemental
Information, October 29, 2019.
TN Americas LLC, Application for ML20190A135.
Certificate of Compliance No.
1042, Amendment No. 2, to NUHOMS
EOS System, Revision 5, June 30,
2020.
Application for Certificate of ML20315A417.
Compliance No. 1042, Amendment
No. 2, to NUHOMS EOS System,
Revision 6, Revised Responses to
Request for Additional
Information, October 29, 2020.
TN America, LLC--Application for ML21027A324.
Certificate of Compliance No.
1042 Amendment No. 2 to NUHOMS
EOS System, Revision 7--Revised
Response to Request for
Additional Information, January
27, 2021.
User Need Memorandum Package to ML21125A103 (package).
T. Martinez Navedo from J.
McKirgan with Proposed
Certificate of Compliance No.
1042, Amendment No. 2;
Associated Proposed Technical
Specifications; and the
Preliminary Safety Evaluation
Report, June 7, 2021.
------------------------------------------------------------------------
[[Page 44267]]
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-2021-0124.
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, 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.
Amendment Number 2 Effective Date: October 26, 2021.
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, 61BTH Type 2.
Dated: August 4, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-17227 Filed 8-11-21; 8:45 am]
BILLING CODE 7590-01-P