[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44594-44600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17193]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2021-0108]
RIN 3150-AK64
List of Approved Spent Fuel Storage Casks: TN Americas, LLC,
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System,
Certificate of Compliance No. 1029, Renewal of Initial Certificate and
Amendment Nos. 1, 3, and 4
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 Advanced NUHOMS[supreg] Horizontal Modular Storage System
listing within the ``List of approved spent fuel storage casks'' to
renew, for an additional 40 years, the initial certificate and
Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029. The
renewal of the initial certificate and Amendment Nos. 1, 3, and 4
revises the certificate of compliance's conditions and technical
specifications to address aging management activities related to the
structures, systems, and components of the dry storage system to ensure
that these will maintain their intended functions during the period of
extended storage operations.
DATES: This direct final rule is effective October 27, 2021, unless
significant adverse comments are received by
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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 If this direct final rule is withdrawn as a result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.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0108
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: Christopher Markley, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6293, email:
[email protected] and Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1951, 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-2021-0108 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-2021-0108. 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-2021-0108 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 renewal of the initial certificate and
Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029 and
does not include other aspects of TN Americas, LLC, Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System. Amendment
No. 2 was withdrawn and not issued by the NRC. The NRC is using the
``direct final rule procedure'' to issue this renewal because it
represents a limited and routine change to an existing certificate of
compliance that is expected to be non-controversial. Adequate
protection of public health and safety continues to be reasonably
assured. The amendment to the rule will become effective on October 27,
2021. However, if the NRC receives any significant adverse comments 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.
[[Page 44596]]
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 ``[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
January 6, 2003 (68 FR 463), that approved the Standardized Advanced
NUHOMS[supreg] Horizontal Modular Storage System design and added it to
the list of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance No. 1029.
IV. Discussion of Changes
On May 22, 2019, TN Americas, LLC submitted a request to the NRC to
renew, for an additional 40 years, the initial certificate and
Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029 for
the Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage
System. TN Americas, LLC, supplemented its request on December 4, 2019,
and July 10, 2020.
The renewals of the initial certificate and Amendment Nos. 1, 3,
and 4 were conducted in accordance with the renewal provisions in Sec.
72.240. This section of the NRC spent fuel storage regulations
authorizes NRC staff to include any additional certificate conditions
it deems necessary to ensure the safe operation of the cask during the
certificate's renewal period. The NRC included five additional
conditions to the renewal of the initial certificate of compliance and
Amendment Nos. 1, 3, and 4:
The submittal of an updated final safety analysis report
(UFSAR) to address aging management activities resulting from the
renewal of the certificate of compliance. This condition ensures that
the UFSAR changes are made in a timely fashion to enable general
licensees using the storage system during the period of extended
operation to develop and implement necessary procedures.
The requirement that general licensees initiating or using
spent fuel dry storage operations with the Standardized Advanced
NUHOMS[supreg] Horizontal Modular Storage System ensure that their
evaluations are included in the reports required by Sec. 72.212,
``Conditions of general license issued under Sec. 72.210.'' These
reports will include appropriate considerations for the period of
extended operation, a review of the UFSAR changes resulting from the
certificate of compliance renewal, and a review of the NRC Safety
Evaluation Report (SER) related to the certificate of compliance
renewal.
The requirement that future amendments and revisions to
this certificate of compliance include evaluations of the impacts to
aging management activities to ensure that they remain adequate for any
changes to the structures, systems, and components (SSCs).
The requirement that general licensees not use the OS197,
OS197H, and OS200FC transfer casks approved under Certificate of
Compliance No. 1004 aged 20 years or more to perform the transfer cask
functions in the Standardized Advanced NUHOMS[supreg] Horizontal
Modular Storage System. This condition prohibits the use of those
transfer casks aged 20 years or older because the renewal application
for the Certificate of Compliance No. 1004 did not assess performance
of the transfer casks after the initial 20-year period.
The requirement that any Standardized Advanced
NUHOMS[supreg] Horizontal Modular System loaded up to and including
those loaded on February 5, 2023, are considered loaded during the term
of the initial certificate of compliance.
The NRC made two corresponding changes to the technical
specifications for the initial certificate of compliance and Amendment
Nos. 1, 3, and 4:
Added text to the Transfer Cask Section to ensure that the
requirements of the applicable transfer cask aging management program
under the Renewed Certificate of Compliance No. 1004 have been
satisfied.
Added a section to the initial certificate of compliance
and Amendment Nos. 1, 3, and 4 on the aging management program, which
includes establishing, implementing, and maintaining written procedures
for each aging management program described in the UFSAR.
As documented in the preliminary SER, the NRC performed a safety
evaluation of the proposed certificate of compliance renewal request.
The NRC determined that this amendment does not change the cask design
or fabrication requirements in the proposed certificate of compliance
renewal request. The NRC determined 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 of offsite dose rates from the renewal
of the initial certificate of compliance and Amendment Nos. 1, 3, and 4
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. In its SER
for the renewal of the Standardized Advanced NUHOMS[supreg] Horizontal
Modular Storage System, the NRC has determined that if the conditions
specified in the certificate of compliance to implement these
regulations are met, adequate protection of public health and safety
will continue to be reasonably assured.
This direct final rule revises the Standardized Advanced
NUHOMS[supreg] Horizontal Modular Storage System listing in Sec.
72.214 by renewing for 40 more years the initial certificate and
Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029. The
renewal consists of the changes previously described, as set forth in
the renewed initial certificate and amendments and their revised
technical specifications. The revised technical specifications are
identified in the SER.
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
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impractical. In this direct final rule, the NRC revises the TN
Americas, LLC Standardized Advanced NUHOMS[supreg] Horizontal Modular
Storage 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
31885).
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
based on this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System listing
within the ``List of approved spent fuel storage casks'' to renew, for
an additional 40 years, the initial certificate and Amendment Nos. 1,
3, and 4 of Certificate of Compliance No. 1029.
B. The Need for the Action
This direct final rule renews the initial certificate and Amendment
Nos. 1, 3, and 4 of Certificate of Compliance No. 1029 for the TN
Americas, LLC, Standardized Advanced NUHOMS[supreg] Horizontal Modular
Storage System design 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, this rule extends the expiration date for the TN
Americas, LLC, Standardized Advanced NUHOMS[supreg] Horizontal Modular
Storage System certificate for an additional 40 years, allowing a power
reactor licensee to continue using it under general license provisions
in an independent spent fuel storage installation to store spent fuel
in dry casks in accordance with 10 CFR part 72.
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 the renewal of the initial certificate and
Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029 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. As required
by Sec. 72.240, applications for renewal of a spent fuel storage
certificate of compliance design are required to demonstrate that SSCs
important to safety will continue to perform their intended function
for the requested renewal term. As discussed in the NRC staff's SER for
the renewal of the initial certificate and Amendment Nos. 1, 3, and 4,
the NRC staff has approved conditions in the renewed initial
certificate and Amendment Nos. 1, 3, and 4 requiring the general
licensee to implement the aging management activities described in the
renewal application and incorporated into the UFSAR. These conditions
ensure that the TN Americas, LLC, Standardized Advanced NUHOMS[supreg]
Horizontal Modular Storage System will continue to perform its intended
safety functions and provide reasonable assurance of adequate
protection of public health and safety throughout the renewal period.
Incremental impacts from continued use of the Standardized Advanced
NUHOMS[supreg] Horizontal Modular Storage System under a general
license for an additional 40 years are not considered significant. When
the general licensee follows all procedures and administrative
controls, including the conditions established because of this renewal,
no effluents are expected from the sealed dry cask systems. Activities
associated with cask loading and decontamination may result in some
small incremental liquid and gaseous effluents, but these activities
will be conducted under 10 CFR parts 50 and 52 reactor operating
licenses, and effluents will be controlled within existing reactor site
technical specifications. Because reactor sites are relatively large,
any incremental offsite doses due to direct radiation exposure from the
spent fuel storage casks are expected to be small, and when combined
with the contribution from reactor operations, well within the annual
dose equivalent of 0.25 mSv (25 mrem) limit to the whole body specified
in Sec. 72.104. Incremental impacts on collective occupational
exposures due to dry cask spent fuel storage are expected to be only a
small fraction of the exposures from operation of the nuclear power
station.
The Standardized Advanced NUHOMS[supreg] Horizontal Modular 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 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.
During the promulgation of the amendments that added subpart K to
10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the
public health consequences of dry cask storage accidents and sabotage
events. In the supporting analyses for these amendments, the NRC staff
determined that a release from a dry cask storage system would be
comparable in magnitude to a release from the same quantity of fuel in
a spent fuel storage pool. As a result of these evaluations, the NRC
staff determined that, because
[[Page 44598]]
of the physical characteristics of the storage casks and conditions of
storage that include specific security provisions, the potential risk
to public health and safety due to accidents or sabotage is very small.
Considering the specific design requirements for each accident or
sabotage condition, the design of the cask would maintain confinement,
shielding, and criticality control. If confinement, shielding, or
criticality control are maintained, the environmental impacts from an
accident would be insignificant.
There are no changes to cask design or fabrication requirements in
the renewed initial certificate or Amendment Nos. 1, 3, and 4. Because
there are no significant design or process changes, any resulting
occupational exposure or offsite dose rates from the implementation of
the renewal of the initial certificate and Amendment Nos. 1, 3, and 4
would remain well within the 10 CFR part 20 limits.
In summary, the 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. Compliance with the
requirements of 10 CFR parts 20 and 72 would provide reasonable
assurance that adequate protection of public health and safety will
continue. The NRC, in its SER for the renewal of the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System, has
determined if the conditions specified in the certificate of compliance
to implement these regulations are met, adequate protection of public
health and safety will continue to be reasonably assured.
Based on the previously stated assessments and its SER for the
requested renewal of the Standardized Advanced NUHOMS[supreg]
Horizontal Modular Storage System certificates, the NRC has determined
that the expiration date of this system in 10 CFR 72.214 can be safely
extended for an additional 40 years, and that commercial nuclear power
reactor licensees can continue using the system during this period
under a general license without significant impacts on the human
environment.
D. Alternative to the Action
The alternative to this action is to deny approval of the renewals
and not issue the direct final rule. Under this alternative, the NRC
would either (1) require general licensees using the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System to unload the
spent fuel from these systems and either return it to a spent fuel pool
or re-load it into a different dry storage cask system listed in 10 CFR
72.214; or (2) require that users of the existing Standardized Advanced
NUHOMS[supreg] Horizontal Modular Storage System request site-specific
licensing proceedings to continue storage in these systems.
The environmental impacts of requiring the licensee to unload the
spent fuel and either return it to the spent fuel pool or re-load it
into another NRC-approved cask system would result in increased
radiological doses to workers. These increased doses would be due
primarily to direct radiation from the casks while the workers
unloaded, transferred, and re-loaded the spent fuel. These activities
would consist of transferring the dry storage canisters to a cask-
handling building, opening the canister lid welds, returning the
canister to a spent fuel pool or dry transfer facility, removing the
fuel assemblies, and re-loading them, either into a spent fuel pool
storage rack or another NRC-approved dry storage system. In addition to
the increased occupational doses to workers, these activities may also
result in additional liquid or gaseous effluents.
Alternatively, users of the dry cask storage system would need to
apply for a site-specific license. Under this option for implementing
the no-action alternative, interested licensees would have to prepare,
and the NRC would have to review, each separate license application,
thereby increasing the administrative burden upon the NRC and the costs
to each licensee.
In summary, the no-action alternative would entail either (1) more
environmental impacts than the preferred action from transferring the
spent fuel now in the Standardized Advanced NUHOMS[supreg] Horizontal
Modular Storage System; or (2) cost and administrative impacts from
multiple licensing actions that, in aggregate, are likely to be the
same as, or more likely greater than, the preferred action.
E. Alternative Use of Resources
Renewal of the initial certificate and Amendment Nos. 1, 3, and 4
to Certificate of Compliance No. 1029 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, Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System, Certificate
of Compliance No. 1029, Renewal of Initial Certificate and Amendment
Nos. 1, 3, and 4,'' 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).
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
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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 January 6, 2003 (68 FR 463), the NRC
issued an amendment to 10 CFR part 72 that approved the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System design by
adding it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance No. 1029.
On May 22, 2019, TN Americas, LLC requested a renewal of the
initial certificate and Amendment Nos. 1, 3, and 4 of the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System for an
additional 40 years beyond the initial certificate term. TN Americas,
LLC supplemented its request on December 4, 2019, and July 10, 2020.
Because TN Americas, LLC filed its renewal application at least 30 days
before the certificate expiration date of February 5, 2023, pursuant to
the timely renewal provisions in Sec. 72.240(b), the initial issuance
of the certificate and Amendment Nos. 1, 3, and 4 of Certificate of
Compliance No. 1029 did not expire.
The alternative to this action is to deny approval of the renewal
of the initial certificate and Amendment Nos. 1, 3, and 4 of
Certificate of Compliance No. 1029 and end this direct final rule.
Under this alternative, the NRC would either (1) require general
licensees using the Standardized Advanced NUHOMS[supreg] Horizontal
Modular Storage System to unload spent fuel from these systems and
return it to a spent fuel pool or re-load it into a different dry
storage cask system listed in 10 CFR 72.214; or (2) require that users
of the existing Standardized Advanced NUHOMS[supreg] Horizontal Modular
Storage System request site-specific licensing proceedings to continue
storage in these systems. Therefore, the no-action alternative would
result in a significant burden on licensees and an additional
inspection or licensing caseload on the NRC. In addition, the no action
alternative would entail either (1) more environmental impacts than the
preferred action from transferring the spent fuel now in the
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System;
or (2) cost and administrative impacts from multiple licensing actions
that, in aggregate, are likely to be the same as, or more likely
greater than, the preferred action.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary SER 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 renews Certificate of Compliance No.
1029 for the Standardized Advanced NUHOMS[supreg] Horizontal Modular
Storage System, as currently listed in Sec. 72.214, to extend the
expiration date of the initial certificate and Amendment Nos. 1, 3, and
4 by 40 years. The renewed initial certificate and Amendment Nos. 1, 3,
and 4 consist of the changes previously described, as set forth in the
revised certificate of compliance and technical specifications.
Extending the effective date of the initial certificate and
Amendment Nos. 1, 3, and 4 for 40 more years and requiring the
implementation of aging management activities does not impose any
modification or addition to the design of a cask system's SSC, or to
the procedures or organization required to operate the system during
the initial 20-year storage period of the system, as authorized by the
current certificate. General licensees that have loaded these casks, or
that load these casks in the future under the specifications of the
applicable certificate, may continue to store spent fuel in these
systems for the initial 20-year storage period authorized by the
original certificate. The aging management activities required to be
implemented by this renewal are only required after the storage cask
system's initial 20-year service period ends. As explained in the 2011
final rule that amended 10 CFR part 72 (76 FR 8872, Question I), the
general licensee's authority to use a particular storage cask design
under an approved certificate of compliance terminates 20 years after
the date that the general licensee first loads the particular cask with
spent fuel, unless the cask's certificate of compliance is renewed.
Because this rulemaking renews the initial certificate and Amendment
Nos. 1, 3, and 4, and renewal is a separate licensing action
voluntarily implemented by vendors, the renewal of the initial
certificate and Amendment Nos. 1, 3, and 4 is not an imposition of new
or changed requirements from which these licensees would otherwise be
protected by the backfitting provisions in 10 CFR 72.62.
Even if renewal of the initial certificate and Amendment Nos. 1, 3,
and 4 of Certificate of Compliance No. 1029 could be considered a
backfit, TN Americas, LLC, as the holder of the certificate of
compliance and vendor of the casks, is not protected by the backfitting
provisions in 10 CFR 72.62.
Unlike a vendor, general licensees using the existing systems
subject to these renewals would be protected by the backfitting
provisions in 10 CFR 72.62 if the renewals constituted new or changed
requirements applicable during the initial 20-year storage period. But,
as previously explained, renewal of the initial certificate and
Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029 does
not impose such requirements. The general licensee using the initial
certificate or Amendment Nos. 1, 3, or 4 of Certificate of Compliance
No. 1029 may continue storing material in their respective cask systems
for the initial 20-year storage period identified in the applicable
certificate or amendment with no changes. If general licensees choose
to continue to store spent fuel in Standardized Advanced NUHOMS[supreg]
Horizontal Modular Storage Systems after the initial 20-year period,
these general licensees will be required to implement aging management
activities for any cask systems subject to a renewed certificate of
compliance, but such continued use is voluntary.
For these reasons, renewing the initial certificate and Amendment
Nos. 1, 3, and 4 of Certificate of Compliance No. 1029, and imposing
the additional conditions previously discussed, does not constitute
backfitting under Sec. 72.62, 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.
[[Page 44600]]
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Document ADAMS accession No.
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TN Americas, LLC Renewal Application for the Standardized ML19148A484 (package).
NUHOMS[supreg] Horizontal Modular Storage System
Certificate of Compliance No. 1029, dated May 22, 2019.
TN Americas, LLC Response to Request for Supplemental ML19338E132.
Information for the Technical Review of the Application
for Certificate of Compliance No. 1029, dated December 4,
2019.
TN Americas, LLC Response to Request for Additional ML20192A127.
Information of the Application for Renewal of the
Certificate of Compliance No. 1029, dated May 28, 2020.
User Need Memorandum for Rulemaking for Certificate of ML21067A166.
Compliance Renewal, Initial Issue (Amendment Number 0),
Amendment Numbers 1, 3, and 4 to Standardized Advanced
NUHOMS[supreg] Horizontal Modular Storage System.
Preliminary Safety Evaluation Report for the Standardized ML21067A167.
Advanced NUHOMS[supreg] Horizontal Modular Storage System
Certificate of Compliance Renewal.
Proposed Certificate of Compliance No. 1029, Renewed ML21067A168.
Initial Certificate.
Proposed Technical Specifications, Attachment A, ML21067A169.
Certificate of Compliance No. 1029, Renewed Initial
Certificate.
Proposed Certificate of Compliance No. 1029, Renewed ML21067A170.
Amendment No. 1.
Proposed Technical Specifications, Attachment A, ML21067A171.
Certificate of Compliance No. 1029, Renewed Amendment No.
1.
Proposed Certificate of Compliance No. 1029, Renewed ML21067A172.
Amendment No. 3.
Proposed Technical Specifications, Attachment A, ML21067A173.
Certificate of Compliance No. 1029, Renewed Amendment No.
3.
Proposed Certificate of Compliance No. 1029, Renewed ML21067A174.
Amendment No. 4.
Proposed Technical Specifications, Attachment A, ML21067A175.
Certificate of Compliance No. 1029, Renewed Amendment No.
4.
----------------------------------------------------------------------------------------------------------------
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-2021-0108.
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. 1029 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003, superseded by
Renewed Initial.
Certificate Effective Date: October 27, 2021.
Amendment Number 1 Effective Date: May 16, 2005, superseded by
Renewed.
Amendment Number 1 Effective Date: October 27, 2021.
Amendment Number 2 Effective Date: Amendment not issued by the NRC.
Amendment Number 3 Effective Date: February 23, 2015, superseded by
Renewed.
Amendment Number 3 Effective Date: October 27, 2021.
Amendment Number 4 Effective Date: March 12, 2019, superseded by
Renewed.
Amendment Number 4 Effective Date: October 27, 2021.
SAR Submitted by: Transnuclear, Inc., now TN Americas, LLC.
Renewal SAR Submitted by: TN Americas, LLC.
SAR Title: Final Safety Analysis Report for the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Renewed Certificate Expiration Date: February 5, 2063.
Model Number: Standardized Advanced NUHOMS[supreg]-24PT1, -24PT4,
and -32PTH2.
* * * * *
Dated: August 6, 2021.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Executive Director for Operations.
[FR Doc. 2021-17193 Filed 8-12-21; 8:45 am]
BILLING CODE 7590-01-P