[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54341-54347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21427]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2021-0135]
RIN 3150-AK68
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of
Initial Certificate and Amendment Nos. 1, 2, and 3
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 Holtec International HI-
STAR 100 Cask 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, 2, and 3 of Certificate of Compliance
No. 1008. The renewal of the initial certificate and Amendment Nos. 1,
2, and 3 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 December 15, 2021, unless
significant adverse comments are received by November 1, 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direct final rule is withdrawn as a result of such comments, timely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-2021-0135,
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: Kristina Banovac, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-7116, email:
[email protected] and Vanessa Cox, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-8342, 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-2021-0135 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-2021-0135. 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-2021-0135 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, 2, and 3 to Certificate of Compliance No. 1008 and
does not include other aspects of the Holtec International HI-STAR 100
Cask System design. 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 December 15, 2021. However, if the NRC
receives any significant adverse comment on this direct final rule by
November 1, 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
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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 ``[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
September 3, 1999 (64 FR 48259) that approved the HI-STAR 100 Cask
System design and added it to the list of NRC-approved cask designs in
Sec. 72.214 as Certificate of Compliance No. 1008.
IV. Discussion of Changes
On December 7, 2018, Holtec International submitted a request to
the NRC to renew, for an additional 40 years, the initial certificate
and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008
for the HI-STAR 100 Cask System. Holtec International supplemented its
request on June 28, 2019, October 10, 2019, December 12, 2019, June 1,
2020, June 11, 2020, November 13, 2020, and November 24, 2020.
The renewal of the initial certificate and Amendment Nos. 1, 2, and
3 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 three additional
conditions to the renewal of the initial certificate of compliance and
Amendment Nos. 1, 2, and 3:
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 HI-STAR 100 Cask 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 NRC made one corresponding change to the technical
specifications for the initial certificate of compliance and Amendment
Nos. 1, 2, and 3 on the aging management program. The change added a
new section, which ensures that general licensees using the storage
system develop procedures to address aging management activities
required in the period of extended operation.
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 renewal does not change the cask design or
fabrication requirements in the proposed certificate of compliance
renewal request. 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 renewal
of the initial certificate of compliance and Amendment Nos. 1, 2, and 3
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 HI-STAR 100 Cask 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 HI-STAR 100 Cask System listing
in Sec. 72.214 by renewing, for 40 more years, the initial certificate
and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008.
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.
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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
Holtec International HI-STAR 100 Cask System Cask 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 on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the Holtec
International HI-STAR 100 Cask 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, 2, and 3 of
Certificate of Compliance No. 1008.
B. The Need for the Action
This direct final rule renews the initial certificate and Amendment
Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 for the Holtec
International HI-STAR 100 Cask 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 Holtec International HI-STAR 100 Cask
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, 2, and 3 of Certificate of Compliance No. 1008 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, 2, and 3,
the NRC staff has approved conditions in the renewed initial
certificate and Amendment Nos. 1, 2, and 3 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 Holtec International HI-STAR 100 Cask 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 HI-STAR 100 Cask
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 HI-STAR 100 Cask 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,
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the NRC staff determined that, because 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, and
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, 2, and 3. 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, 2, and 3
would remain well within the 10 CFR part 20 limits.
Decommissioning of dry cask spent fuel storage systems under a
general license would be carried out as part of a power reactor's site
decommissioning plan. In general, decommissioning would consist of
removing the spent fuel from the site, decontaminating cask surfaces,
and decontaminating and dismantling the independent spent fuel storage
installation where the casks were deployed. Under normal and off-normal
operating conditions, no residual contamination is expected to be left
behind on supporting structures. The incremental impacts associated
with decommissioning dry cask storage installations are expected to
represent a small fraction of the impacts of decommissioning an entire
nuclear power station.
In summary, 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.
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
HI-STAR 100 Cask 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 HI-STAR 100 Cask 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 renewal
and not issue the direct final rule. Under this alternative, the NRC
would either (1) require general licensees using the HI-STAR 100 Cask
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 Sec. 72.214; or (2) require that users of the
existing HI-STAR 100 Cask 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 HI-STAR 100 Cask 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, 2, and 3
to Certificate of Compliance No. 1008 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: Holtec International HI-STAR 100
Cask System, Certificate of Compliance No. 1008, Renewal of Initial
Certificate and Amendment Nos. 1, 2, and 3,'' 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
Holtec International.
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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
September 3, 1999 (64 FR 48259), the NRC issued an amendment to 10 CFR
part 72 that approved the HI-STAR 100 Cask System design by adding it
to the list of NRC-approved cask designs in Sec. 72.214 as Certificate
of Compliance No. 1008.
On December 7, 2018, Holtec International requested a renewal of
the initial certificate and Amendment Nos. 1, 2, and 3 of the HI-STAR
100 Cask System for an additional 40 years beyond the initial
certificate term. Holtec International supplemented its request on June
28, 2019, October 10, 2019, December 12, 2019, June 1, 2020, June 11,
2020, November 13, 2020, and November 24, 2020. Because Holtec
International filed its renewal application at least 30 days before the
certificate expiration date of October 4, 2019, pursuant to the timely
renewal provisions in Sec. 72.240(b), the initial issuance of the
certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance
No. 1008 did not expire.
The alternative to this action is to deny approval of the renewal
of the initial certificate and Amendment Nos. 1, 2, and 3 of
Certificate of Compliance No. 1008 and end this direct final rule.
Under this alternative, the NRC would either (1) require general
licensees using the HI-STAR 100 Cask 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 HI-STAR 100 Cask 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 HI-STAR 100 Cask
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 revises Certificate of Compliance No.
1008 for the Holtec International HI-STAR 100 Cask System, as currently
listed in Sec. 72.214, to extend the expiration date of the initial
certificate and Amendment Nos. 1, 2, and 3 by 40 years. The renewed
initial certificate and Amendment Nos. 1, 2, and 3 consist of the
changes previously described, as set forth in the renewed certificate
of compliance and technical specifications.
Extending the effective date of the initial certificate and
Amendment Nos. 1, 2, and 3 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 SSCs, 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 consistent with 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, 2, and 3, and renewal is a separate licensing action
voluntarily implemented by vendors, the renewal of the initial
certificate and Amendment Nos. 1, 2, and 3 is not an imposition of new
or changed requirements from which these licensees would otherwise be
protected by the backfitting provisions in Sec. 72.62.
Even if renewal of the initial certificate and Amendment Nos. 1, 2,
and 3 of Certificate of Compliance No. 1008 could be considered a
backfit, Holtec International, as the holder of the certificate of
compliance and vendor of the casks, is not protected by the backfitting
provisions in Sec. 72.62.
Unlike a vendor, general licensees using the existing systems
subject to this renewal would be protected by the backfitting
provisions in Sec. 72.62 if the renewal 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, 2, and 3 of Certificate of Compliance No. 1008 does
not impose such requirements. The general licensee using the initial
certificate or Amendment Nos. 1, 2, or 3 of Certificate of Compliance
No. 1008 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 HI-STAR 100 Cask 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, 2, and 3 of Certificate of Compliance No. 1008, 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.
[[Page 54346]]
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.
----------------------------------------------------------------------------------------------------------------
Document ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Holtec International HI-STAR 100 Storage System, ML18345A178 (package).
Certificate of Compliance No. 1008 Renewal Application,
dated December 7, 2018.
Holtec International Response to the Request for ML19184A232 (package).
Supplemental Information on the Renewal of the HI-STAR 100
Storage System, Certificate of Compliance No. 1008, dated
June 28, 2019.
Holtec International Submittal of Supplemental Information ML19288A089 (package).
Related to Request for Supplemental Information on the
Renewal of the HI-STAR 100 Storage System, Certificate of
Compliance No. 1008, dated October 10, 2019.
Holtec International HI-STAR 100 Storage System, ML19350A576.
Certificate of Compliance No. 1008 Renewal, Updated Non-
Proprietary Documents, dated December 12, 2019.
Holtec International Response to the Request for Additional ML20153A768 (package).
Information on the Renewal of the HI-STAR 100 Storage
System, Certificate of Compliance No. 1008, dated June 1,
2020.
Holtec International Response to the Request for Additional ML20163A713 (package).
Information on the Renewal of the HI-STAR 100 Storage
System, Certificate of Compliance No. 1008, dated June 11,
2020.
Holtec International Response to the Request for ML20318A321 (package).
Clarification of Additional Information on the Renewal of
the HI-STAR 100 Storage System, Certificate of Compliance
No. 1008, dated November 13, 2020.
Holtec International Response to the Request for ML20329A321 (package).
Clarification of Additional Information on the Renewal of
the HI-STAR 100 Storage System, Certificate of Compliance
No. 1008, Updated Attachment, dated November 24, 2020.
User Need Memorandum for Rulemaking for Certificate of ML21168A352.
Compliance No. 1008 Renewal, Initial Issue, Amendment
Numbers 1, 2, and 3 to HI-STAR 100 Cask System, dated June
28, 2021.
Proposed Certificate of Compliance No. 1008, Renewed ML21168A353.
Amendment No. 0.
Proposed Technical Specifications (Appendix A) for ML21168A354.
Certificate of Compliance No. 1008, Renewed Amendment No.
0.
Proposed Technical Specifications (Appendix B) for ML21168A355.
Certificate of Compliance No. 1008, Renewed Amendment No.
0.
Proposed Certificate of Compliance No. 1008, Renewed ML21168A356.
Amendment No. 1.
Proposed Technical Specifications (Appendix A) for ML21168A357.
Certificate of Compliance No. 1008, Renewed Amendment No.
1.
Proposed Technical Specifications (Appendix B) for ML21168A358.
Certificate of Compliance No. 1008, Renewed Amendment No.
1.
Proposed Certificate of Compliance No. 1008, Renewed ML21168A359.
Amendment No. 2.
Proposed Technical Specifications (Appendix A) for ML21168A360.
Certificate of Compliance No. 1008, Renewed Amendment No.
2.
Proposed Technical Specifications (Appendix B) for ML21168A361.
Certificate of Compliance No. 1008, Renewed Amendment No.
2.
Proposed Certificate of Compliance No. 1008, Renewed ML21168A362.
Amendment No. 3.
Proposed Technical Specifications (Appendix A) for ML21168A363.
Certificate of Compliance No. 1008, Renewed Amendment No.
3.
Proposed Technical Specifications (Appendix B) for ML21168A364.
Certificate of Compliance No. 1008, Renewed Amendment No.
3.
Preliminary Safety Evaluation Report for Renewed ML21168A365.
Certificate of Compliance No. 1008, Amendment Nos. 0, 1,
2, and 3.
----------------------------------------------------------------------------------------------------------------
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-2021-0135.
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. 1008 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1008.
Initial Certificate Effective Date: October 4, 1999, superseded by
Renewed Initial Certificate, on December 15, 2021.
Amendment Number 1 Effective Date: December 26, 2000, superseded by
Renewed Amendment Number 1, on December 15, 2021.
Amendment Number 2 Effective Date: May 29, 2001, superseded by
Renewed
[[Page 54347]]
Amendment Number 2, on December 15, 2021.
Amendment Number 3 Effective Date: November 5, 2019, superseded by
Renewed Amendment Number 3, on December 15, 2021.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STAR 100 Cask
System.
Docket Number: 72-1008.
Certificate Expiration Date: October 4, 2019.
Renewed Certificate Expiration Date: October 4, 2059.
Model Number: HI-STAR 100 (MPC-24, MPC-32, MPC-68, MPC-68F).
* * * * *
Dated: September 15, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-21427 Filed 9-30-21; 8:45 am]
BILLING CODE 7590-01-P