[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Rules and Regulations]
[Pages 9106-9116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03002]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2022-0109]
RIN 3150-AK86


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal 
of Initial Certificate and Amendment Nos. 1 Through 15

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-
STORM 100 Cask System listing within the ``List of approved spent fuel 
storage casks'' to renew, for 40 years, the initial certificate and 
Amendment Nos. 1 through 15 of Certificate of Compliance No. 1014. The 
renewal of the initial certificate and Amendment Nos. 1 through 15 
revises the certificate of compliance's conditions and technical 
specifications to address aging management activities related to the 
structures, systems, and components important to safety 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 May 1, 2023, unless 
significant adverse comments are received by March 15, 2023. 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direct final rule is withdrawn as a result of such comments, timely 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-2022-0109, 
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 James Firth, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-6628, 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 Final 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-2022-0109 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-2022-0109. 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

[[Page 9107]]

are provided in the ``Availability of Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday, 
except Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2022-0109 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 involves the renewal of Certificate of Compliance No. 
1014, which includes the initial certificate and Amendment Nos. 1 
through 15. As described in the Statement of Considerations to the 
final rule ``License and Certificate of Compliance Terms'' (76 FR 8872; 
February 16, 2011), a renewal reaffirms the original design basis, 
perhaps with some modifications, but does not involve reevaluating the 
original design basis in accordance with current review standards, 
which may be different from the standards in place when the cask design 
was initially certified. 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 May 1, 2023. However, if the NRC receives 
any significant adverse comment on this direct final rule by March 15, 
2023, 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 or as otherwise 
appropriate. In general, 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, 
states 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 and for the renewal of the cask design 
approval. The NRC subsequently issued a final rule on May 1, 2000 (65 
FR 25241) that approved the HI-STORM 100 Cask System design and added 
it to the list of NRC-approved cask designs in Sec.  72.214 as 
Certificate of Compliance No. 1014. On August 28, 2007 (72 FR 49561), 
the NRC amended the scope of the general licenses issued under 10 CFR 
72.210 to include the storage of spent fuel in an independent spent 
fuel storage installation (ISFSI) at power reactor sites to persons 
authorized to possess or operate nuclear power reactors under 10 CFR 
part 52. On February 16, 2011 (76 FR 8872), the NRC amended subparts K 
and L in 10 CFR part 72, to extend and clarify the term limits for 
certificates of compliance and revised the conditions for spent fuel 
storage casks renewals, including adding requirements for the safety 
analysis report to include time-limited aging analyses and a 
description of aging management programs. The NRC also clarified the 
terminology used in the regulations to use ``renewal'' rather than 
``reapproval'' to better reflect that extending the term of a currently 
approved cask design is based on the cask design standards in effect at 
the time the certificate of compliance was approved rather than current 
standards.

IV. Discussion of Changes

    The term certified by the initial Certificate of Compliance No. 
1014 was 20 years. The period of extended operation for each cask 
begins 20 years after the cask is first used by the general licensee to 
store spent fuel. On January 31, 2020, as supplemented on October

[[Page 9108]]

16, 2020, October 29, 2020, April 19, 2021, and April 23, 2021, Holtec 
International submitted a request to renew Certificate of Compliance 
No. 1014 for the HI-STORM 100 Cask System design for an additional 40 
years beyond the initial certificate term (ADAMS Accession Nos. 
ML20049A081, ML20290A819, ML20303A254, ML21109A367, and ML21113A201).
    The HI-STORM 100 Cask System design consists of (1) interchangeable 
multi-purpose canisters (MPCs), which contain the fuel, (2) a storage 
overpack (HI-STORM), which contains the MPC during storage, and (3) a 
transfer cask (HI-TRAC), which contains the MPC during loading, 
unloading, and transfer operations. The MPC is a welded, cylindrical 
canister with a fuel basket, a baseplate, a lid, a closure ring, and 
the canister shell. This cask system design has twelve types of MPCs.
    The HI-STORM 100 dry storage system includes an aboveground system 
and an underground system. For the aboveground systems, the HI-STORM 
100 or HI-STORM 100S storage overpack provides shielding and structural 
protection of the MPC during storage. The HI-STORM 100S is a variation 
of the HI-STORM 100 overpack design that includes a modified lid that 
incorporates the air outlet ducts, allowing the overpack body to be 
shortened. The HI-STORM 100A and HI-STORM 100SA are variants of the HI-
STORM 100 overpack and are outfitted with an extended baseplate and 
gussets to enable the overpack to be anchored to the concrete storage 
pad in high seismic applications. The HI-STORM 100U system is an 
underground storage system within the HI-STORM 100 Cask System. The HI-
STORM 100U storage vertical ventilated module uses an air-cooled vault 
or caisson storage design.
    The Nuclear Energy Institute's (NEI) document NEI 14-03, Revision 
2, ``Format, Content and Implementation Guidance for Dry Cask Storage 
Operations-Based Aging Management,'' (2016) (ADAMS Accession No. 
ML16356A210) provides an operations-based, learning approach to aging 
management for the storage of spent fuel, which builds on the lessons 
learned from industry's experience with aging management for reactors. 
The NRC endorsed NEI 14-03, Revision 2, with clarifications, in 
Regulatory Guide 3.76, Revision 0, ``Implementation of Aging Management 
Requirements for Spent Fuel Storage Renewals,'' issued July 2021 (ADAMS 
Accession No. ML21098A022). Specifically, NEI 14-03 provides a 
framework for sharing operating experience through an industry-
developed database called the ISFSI Aging Management Institute of 
Nuclear Power Operations Database. NEI 14-03 also includes a framework 
for learning aging management programs using aging management 
``tollgates,'' which offer a structured approach for periodically 
assessing operating experience and data from applicable research and 
industry initiatives at specific times during the period of extended 
operation and performing a safety assessment that confirms the safe 
storage of the spent nuclear fuel by ensuring the aging management 
programs continue to effectively manage the identified aging effects. 
The ISFSI Aging Management Institute of Nuclear Power Operations 
Database provides operating experience information and a basis to 
support licensees' future changes to the aging management programs. The 
ISFSI Aging Management Institute of Nuclear Power Operations Database 
and the aging management tollgates are considered key elements in 
ensuring the effectiveness of aging management activities and the 
continued safe storage of spent fuel during the period of extended 
operation.
    Holtec International incorporated periodic tollgate assessments as 
requirements in the renewed certificate of compliance, as recommended 
in NEI 14-03, Revision 2. The implementation of tollgate assessments 
provides reasonable assurance that the aging management programs for 
the MPC, overpack, transfer cask, high burnup fuel assembly components 
(if applicable), and the 100U concrete (if applicable) will continue to 
effectively manage aging effects during the period of extended 
operation.
    The renewal of the initial certificate and Amendment Nos. 1 through 
15 was conducted in accordance with the renewal provisions in Sec.  
72.240. The NRC's regulations require the safety analysis report for 
the renewal to include time-limited aging analyses that demonstrate 
that structures, systems, and components important to safety will 
continue to perform their intended function for the requested period of 
extended operation and a description of the aging management programs 
for the management of issues associated with aging that could adversely 
affect structures, systems, and components important to safety. This 
section of the NRC spent fuel storage regulations authorizes the NRC to 
revise the certificate of compliance to include any additional terms, 
conditions, and specifications it deems necessary to ensure the safe 
operation of the cask during the certificate of compliance's renewal 
term. Here, the NRC is adding three new conditions to the renewal of 
the certificate of compliance, which will ensure the safe operation of 
the cask during the certificate of compliance's renewal term and will 
allow the use of the HI-STORM 100 during the approved period of 
extended operation. The NRC is amending the condition that describes 
the authorization for use of the Holtec International HI-STORM 100 Cask 
System design under the general license.
    The three new conditions added to the renewal of the initial 
certificate of compliance and Amendment Nos. 1 through 15 are:
     A condition requiring the certificate of compliance holder 
to submit an updated final safety analysis report within 90 days after 
the effective date of the renewal. The updated final safety analysis 
report must reflect the changes resulting from the review and approval 
of the renewal of the certificate of compliance, including the HI-STORM 
100 final safety analysis report supplement, as documented in Appendix 
D of the HI-STORM 100 certificate of compliance renewal application, 
Revision 1, dated April 23, 2021 (ADAMS Accession No. ML21113A203). 
This condition ensures that final safety analysis report 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 related to renewal and aging management 
activities. The certificate of compliance holder is required to 
continue to update the final safety analysis report pursuant to the 
requirements of Sec.  72.248.
     A condition requiring each general licensee using the HI-
STORM 100 Cask System design to include, in the evaluations required by 
Sec.  72.212(b)(5), evaluations related to the terms, conditions, and 
specifications of this certificate of compliance amendment as modified 
(i.e., changed or added) as a result of the renewal of the certificate 
of compliance and include, in the document review required by Sec.  
72.212(b)(6), a review of the final safety analysis report changes 
resulting from the renewal of the certificate of compliance and the NRC 
Safety Evaluation Report for the renewal of the certificate of 
compliance. The general licensee would also be required to ensure that 
the evaluations required by Sec.  72.212(b)(7) in response to these 
changes are conducted and the determination required by Sec.  
72.212(b)(8) is made. This condition also makes it clear that to meet 
the requirements in Sec.  72.212(b)(11), general licensees that

[[Page 9109]]

currently use a HI-STORM 100 Cask System will need to update their 
Sec.  72.212 reports, even if they do not put additional Holtec 
International HI-STORM 100 Cask Systems into service after the 
renewal's effective date. These evaluations, reviews, and 
determinations are to be completed before the dry storage system enters 
the period of extended operation (which begins 20 years after the first 
use of the Holtec International HI-STORM 100 Cask System) or no later 
than 365 days after the effective date of this rule, whichever is 
later. This will provide general licensees a minimum of 365 days to 
comply with the new terms, conditions, specifications, and other 
changes to the certificate of compliance and to make the necessary 
determinations required by Sec.  72.212(b)(8) as to whether activities 
related to the storage of spent nuclear fuel using the renewed 
certificate of compliance involve a change in the facility Technical 
Specifications or requires a license amendment for the facility.
     A condition requiring all future amendments and revisions 
to the certificate of compliance (i.e., the initial certificate 1014 
and Amendment Nos. 1 through 15) include evaluations of the impacts to 
aging management activities (i.e., time-limited aging analyses and 
aging management programs) to ensure they remain adequate for any 
changes to structures, systems, and components important to safety 
within the scope of renewal. This condition ensures that future 
amendments to the certificate of compliance address the renewed design 
bases for the certificate of compliance, including aging management 
impacts that may arise from the changes to the system in proposed 
future amendments.
    Additionally, the condition for the initial certificate and 
Amendment Nos. 1 through 15 would be amended to reflect changes to the 
scope of the general license granted by Sec.  72.210 that were made 
after the approval of the initial certificate. The authorization is 
amended to allow persons authorized to possess or operate a nuclear 
power reactor under 10 CFR part 52 to use the HI-STORM 100 Cask Design 
under the general license issued under Sec.  72.210.
    The NRC made one corresponding change from the technical 
specifications for the initial certificate of compliance and Amendment 
Nos. 1 through 15 by adding a section addressing the aging management 
program. General licensees using the HI-STORM Cask System design during 
the period of extended operation will need to establish, implement, and 
maintain written procedures for each applicable aging management 
program in the final safety analysis report to use the HI-STORM 100 
Cask System design during the approved period of extended operation. 
The procedures will need to include provisions for changing aging 
management program elements, as necessary, and within the limitations 
of the approved design bases to address new information on aging 
effects based on inspection findings and/or industry operating 
experience. General licensees will also be required to perform tollgate 
assessments as described in Chapter 9 of the final safety analysis 
report.
    General licensees will need to establish and implement these 
written procedures prior to entering the period of extended operation 
(which begins 20 years after the first use of the cask system) or no 
later than 365 days after the effective date of this rule, whichever is 
later. The general licensee is required to maintain these written 
procedures for as long as the general licensee continues to operate HI-
STORM 100 Cask Systems in service for longer than 20 years.
    Under Sec.  72.240(d), the design of a spent fuel storage cask will 
be renewed if (1) the quality assurance requirements in 10 CFR part 72, 
subpart G, ``Quality Assurance,'' are met, (2) the requirements of 10 
CFR 72.236(a) through (i) are met, and (3) the application includes a 
demonstration that the storage of spent fuel has not, in a significant 
manner, adversely affected the structures, systems, and components 
important to safety. Additionally, Sec.  72.240(c) requires that the 
safety analysis report accompanying the application contain time-
limited aging analyses that demonstrate that the structures, systems, 
and components important to safety will continue to perform their 
intended function for the requested period of extended operation and a 
description of the aging management program for management of aging 
issues that could adversely affect structures, systems, and components 
important to safety.
    As documented in the preliminary safety evaluation report, the NRC 
reviewed the application for the renewal of the certificate of 
compliance and the conditions in the certificate of compliance and 
determined that the conditions in subpart G, Sec.  72.236(a) through 
(i), and Sec.  72.238 have been met and the application includes a 
demonstration that the storage of spent nuclear fuel has not, in a 
significant manner, adversely affected structures, systems, and 
components important to safety. The NRC's safety review determined that 
the HI-STORM 100, with the added terms, conditions, and specifications 
in the certificate of compliance and the technical specifications, will 
continue to meet the requirements of 10 CFR part 72 for an additional 
40 years beyond the initial certificate term. Consistent with Sec.  
72.240, the NRC is renewing the Holtec International HI-STORM 100 
initial certificate 1014 and Amendment Nos. 1 through 15.
    Extending the expiration date of the approval for the initial 
certificate and Amendment Nos. 1 through 15 for 40 years and requiring 
the implementation of aging management activities during the period of 
extended operation does not impose any modification or addition to the 
design of a cask system's structures, systems, and components important 
to safety, or to the procedures or organization required to operate the 
system during the initial 20-year storage term certified by the cask's 
initial certificate of compliance. General licensees who have loaded 
these casks, or who load these casks in the future under the 
specifications of the applicable renewed certificate of compliance, may 
store spent fuel in these cask system designs for 20 years without 
implementing the aging management program. For any casks that have been 
in use for more than 20 years, the general licensee will have 365 days 
to complete the analyses required to use the cask system design 
pursuant to the terms and conditions in the renewed certificate of 
compliance. As explained in the 2011 final rule that amended 10 CFR 
part 72 (76 FR 8872), the general licensee's authority to use a 
particular storage cask design under an approved certificate of 
compliance will be for at least the term certified by the cask's 
certificate of compliance. For casks placed into service before the 
expiration date of the initial certificate, the general licensee's 
authority to use the cask would be extended for an additional 40 years 
from the date the initial certificate expired. For casks placed into 
service after the expiration date of the initial certificate and before 
the effective date of this rule, the general licensee's authority to 
use the cask would last the length of the term certified by the cask's 
certificate of compliance (i.e., 40 years after the cask is placed into 
service). For casks placed into service after this rule becomes 
effective, the general licensee's authority to use the cask would 
expire 40 years after the cask is first placed into service.
    This direct final rule revises the HI-STORM 100 Cask System design 
listing in Sec.  72.214 by renewing, for 40 more years, the initial 
certificate and Amendment Nos. 1 through 15 of Certificate of 
Compliance No. 1014. The

[[Page 9110]]

renewed certificate of compliance includes the changes to the 
certificate of compliance and technical specifications previously 
described. The renewed certificate of compliance includes the terms, 
conditions, and specifications that will ensure the safe operation of 
the cask during the renewal term and the added conditions that will 
require the implementation of an aging management program. The 
preliminary safety evaluation report describes the new and revised 
conditions in the certificate of compliance, the changes to the 
technical specifications, and the NRC staff evaluation.

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-STORM 100 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.

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 Final 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 proposed action is to amend Sec.  72.214 to revise the Holtec 
International HI-STORM 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 through 15 of 
Certificate of Compliance No. 1014.

B. The Need for the Action

    This direct final rule renews the certificate of compliance for the 
Holtec International HI-STORM 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 the general license provisions in 10 CFR part 72. 
Specifically, this rule extends the expiration date for the Holtec 
International HI-STORM 100 Cask System certificate of compliance for an 
additional 40 years, allowing a power reactor licensee to continue 
using the cask design during a period of extended operation for a term 
certified by the cask's renewed certificate of compliance.
    This direct final rule would add conditions to the certificate of 
compliance and technical specifications necessary to have confidence 
that the structures, systems, and components important to safety will 
continue to perform their intended functions during the requested 
period of extended operation and that the design of the cask would 
continue to maintain confinement, shielding, and criticality control in 
the event of an accident during the period of extended operation. These 
conditions are needed to provide reasonable assurance that adequate 
protection of public health and safety will continue during the period 
of extended operation.
    The three new conditions added to the renewal of the initial 
certificate of compliance and Amendment Nos. 1 through 15 are:
     A condition requiring the certificate of compliance holder 
to submit an updated final safety analysis report within 90 days after 
the effective date of the renewal and to make continued updates to the 
final safety analysis report pursuant to the requirements of Sec.  
72.248.
     A condition requiring each general licensee using the HI-
STORM 100 Cask System design to include, in the evaluations required by 
Sec.  72.212(b)(5), evaluations related to the terms, conditions, and 
specifications of this certificate of compliance amendment as modified 
(i.e., changed or added) as a result of the renewal of the certificate 
of compliance and include, in the document review required by Sec.  
72.212(b)(6), a review of the final safety analysis report changes 
resulting from the renewal of the certificate of compliance and the NRC 
Safety Evaluation Report for the renewal of the certificate of 
compliance. The general licensee would also be required to ensure that 
the evaluations required by Sec.  72.212(b)(7) in response to these 
changes are conducted and the determination required by Sec.  
72.212(b)(8) is made.
     A condition requiring all future amendments and revisions 
to the certificate of compliance to include evaluations of the impacts 
to aging management activities (i.e., time-limited aging analyses and 
aging management programs) to ensure they remain adequate for any 
changes to structures, systems, and components important to safety 
within the scope of renewal.
    The authority statement for the initial certificate and Amendments 
Nos. 1 through 15 would be revised to be consistent with the scope of 
the general license issued by Sec.  72.210.
    This renewal requires general licensees to conduct evaluations to 
implement aging management programs to manage issues associated with 
aging that could adversely affect structures, systems, and components 
important to safety to continue using the Holtec International HI-STORM 
100 Cask System design during the period of extended operation for a 
term certified by the cask's renewed certificate of compliance.

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 impacts of using NRC-approved storage casks were analyzed 
in the environmental assessment for the 1990 final rule and are 
described in ``Environmental Assessment for Proposed Rule Entitled, 
`Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear

[[Page 9111]]

Power Reactor Sites.' '' The potential environmental impacts related to 
the underground configuration for the Holtec HI-STORM 100U system were 
analyzed in the 2009 environmental assessment, ``Environmental 
Assessment for the Holtec International HI-STORM 100U Underground Cask 
System.'' The potential environmental impacts for the longer-term use 
of dry cask designs and the renewal of certificates of compliance were 
analyzed in the environmental assessment for the 2011 final rule 
establishing the regulatory requirements for renewing certificates of 
compliance and are described in ``Environmental Assessment and Finding 
of No Significant Impact for the Final Rule Amending 10 CFR part 72 
License and Certificate of Compliance Terms'' (ML100710441). The 
environmental impacts from continued storage were also considered in 
NUREG-2157, ``Generic Environmental Impact Statement for Continued 
Storage of Spent Nuclear Fuel.'' The environmental assessment for this 
renewal of the initial certificate and Amendment Nos. 1 through 15 
tiers off of the environmental assessment for the February 16, 2011, 
final rule and NUREG-2157. Tiering from past environmental assessments 
is a standard process under the National Environmental Policy Act of 
1969, as amended.
    The Holtec International HI-STORM 100 Cask System design 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.
    A renewal reaffirms the original design basis, perhaps with some 
modifications. The renewal allows the cask to be used during a period 
of extended operation that corresponds to the term certified by the 
cask's certificate of compliance in the renewal. As a condition of the 
renewal, the NRC requires an aging management program that will ensure 
that structures, systems, and components important to safety will 
perform as designers intended during the renewal period. The renewal 
does not reflect a change in design or fabrication of the cask system. 
Because the aging management program will ensure the structures, 
systems, and components important to safety for the cask will perform 
as designed for the renewal period, any resulting occupational exposure 
or offsite dose rates from the renewal of the initial certificate and 
Amendment Nos. 1 through 15 would remain well within the 10 CFR part 20 
limits. The NRC has also determined that the design of the cask system 
would continue to maintain confinement, shielding, and criticality 
control in the event of an accident. The NRC determined that the 
structures, systems, and components important to safety will continue 
to perform their intended functions during the requested period of 
extended operation. The NRC determined that the renewed Holtec 
International HI-STORM 100 Cask System design, when used under the 
conditions specified in the renewed 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. 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 renewing the Holtec 
International HI-STORM 100 Cask System design and to not issue the 
direct final rule. Consequently, any 10 CFR part 72 general licensee 
that seeks to load spent nuclear fuel into the Holtec International HI-
STORM 100 Cask System design after the expiration date of the 
certificate of compliance or that seeks to continue storing spent 
nuclear fuel in the Holtec International HI-STORM 100 Cask System 
design for longer than the term certified by the cask's certificate of 
compliance for the initial certificate (i.e., more than 20 years) would 
have to request an exemption from the requirements of Sec. Sec.  72.212 
and 72.214 or would have to load the spent nuclear fuel into a 
different approved cask design. Under this alternative, those licensees 
interested in continuing to use the HI-STORM 100 Cask System design 
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. If the general licensee is 
granted an exemption, the environmental impacts would be the same as 
the proposed action. If the general licensee is not granted an 
exemption, the general licensee would need to unload the Holtec 
International HI-STORM 100 cask system and load the fuel into another 
cask system design, which would result in environmental impacts that 
are greater than for the proposed action because activities associated 
with cask loading and decontamination may result in some small liquid 
and gaseous effluent.

E. Alternative Use of Resources

    Renewal of the initial certificate and Amendment Nos. 1 through 15 
to Certificate of Compliance No. 1014 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. Final Finding of No Significant Impact

    The proposed action is to amend Sec.  72.214 to revise the Holtec 
International HI-STORM 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 through 15 of 
Certificate of Compliance No. 1014. 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,'' and are 
described in the preceding environmental assessment in Section VIII of 
this notice.
    The renewal does not reflect a change in design or fabrication of 
the cask system as approved for the initial certificate or Amendment 
Nos. 1 through 15. The NRC determined that the renewed Holtec 
International HI-STORM 100 Cask System design, when used under the 
conditions specified in the renewed 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.
    Based on the foregoing environmental assessment, the NRC concludes 
that this direct final rule, ``List of Approved Spent Fuel Storage 
Casks: Holtec International HI-STORM 100 Cask System, Certificate of 
Compliance No.

[[Page 9112]]

1014, Renewal of the initial certificate and Amendment Nos. 1 through 
15,'' will not have a significant effect on the quality of the human 
environment. Therefore, the NRC has determined that an environmental 
impact statement is not necessary for this direct final rule and the 
Commission has determined not to prepare an environmental impact 
statement for the proposed action.
    The final finding of no significant impact and the other related 
environmental documents, including NUREG-2157, the ``Environmental 
Assessment and Finding of No Significant Impact for the Final Rule 
Amending 10 CFR part 72 License and Certificate of Compliance Terms'' 
(2010), and the ``Environmental Assessment for the Holtec International 
HI-STORM 100U Underground Cask System'' (2009) are available for public 
inspection through the NRC public website using ADAMS as described in 
Section I, ``Obtaining Information and Submitting Comments.''

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. Holtec International is a diversified energy 
technology company that engages in manufacturing, has more than 500 
employees, and does not qualify as a small entity based on the 
Regulatory Flexibility Act or the NRC size standards at 10 CFR 2.810. 
Similarly, none of the existing nuclear power plants storing spent 
nuclear fuel qualify as small entities under the Regulatory Flexibility 
Act or NRC size standards. Therefore, neither the current licensees 
affected by this rule, nor Holtec International, 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. Thus, 
pursuant to its delegated authority, the Executive Director for 
Operations certifies under section 605 of the Regulatory Flexibility 
Act ``that the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.''

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 under a general 
license 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 May 1, 2000 (65 FR 25241), the NRC issued 
an amendment to 10 CFR part 72 that approved the Holtec International 
HI-STORM 100 Cask System design by adding it to the list of NRC-
approved cask designs in Sec.  72.214.
    On January 31, 2020, as supplemented on October 16, 2020, October 
29, 2020, April 19, 2021, and April 23, 2021, Holtec International 
submitted a request to renew Certificate of Compliance No. 1014 for the 
HI-STORM 100 Cask System design for an additional 40 years beyond the 
initial certificate term (ADAMS Accession Nos. ML20049A081, 
ML20290A819, ML20303A254, ML21109A367, and ML21113A201) as described in 
Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of the 
renewal of the initial certificate and Amendments Nos. 1 through 15 and 
to require any 10 CFR part 72 general licensee seeking to continue the 
storage of spent nuclear fuel in the Holtec International HI-STORM 100 
Cask System design using the initial certificate (Amendment No. 0) or 
Amendments No. 1 through 15 beyond the initial 20-year storage term 
certified by the cask's initial certificate of compliance to request an 
exemption from the requirements of Sec. Sec.  72.212 and 72.214. The 
term for general licenses would not be extended from 20 years to 40 
years. 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 actions in this direct final rule 
do not require a backfit analysis because they do not fall within the 
definition of backfitting under Sec.  72.62 or Sec.  50.109(a)(1), they 
do not impact the issue finality provisions applicable to combined 
licenses under 10 CFR part 52, and they do not impact general licensees 
that are using these systems for the duration of their current general 
licenses.
    Certificate of Compliance No. 1014 for the Holtec International HI-
STORM 100 Cask System design, as currently listed in Sec.  72.214, 
``List of Approved Spent Fuel Storage Casks,'' was initially approved 
for a 20-year term. This direct final rule would renew the initial 
certificate and Amendment Nos. 1 through 15, extending their approval 
period by 40 years. The term certified by the cask's certificate of 
compliance for a renewed certificate of compliance is the period of 
time commencing with the most recent certificate of compliance renewal 
date and ending with the certificate of compliance expiration date. 
With this renewal, the term certified by the cask's certificate of 
compliance would change from 20 years to 40 years, with the period of 
extended operation beginning 20 years after the cask is placed into 
service. The revision to the certificate of compliance through the 
renewal consists of the changes in the renewed initial certificate 
(Amendment No. 0) and renewed Amendment Nos. 1 through 15 as previously 
described, and as set forth in the renewed certificates of compliance 
and technical specifications. These changes would not affect the use of 
the Holtec International HI-STORM 100 Cask System design for the 
initial 20-

[[Page 9113]]

year term for previously loaded casks. The renewed certificates would 
require implementation of aging management programs during the period 
of extended operation, which begins after the storage cask system's 
initial 20-year service period.
    Because the term for the renewal would be longer than the initial 
term certified by the cask's certificate of compliance, the general 
licensee's authority to use the cask would be extended and would be no 
less than 40 years. This change would not add, eliminate, or modify (1) 
structures, systems, or components of an independent spent fuel storage 
installation or a monitored retrievable storage installation or (2) the 
procedures or organization required to operate an independent spent 
fuel storage installation or a monitored retrievable storage 
installation.
    Renewing these certificates does not fall within the definition of 
backfit under Sec.  72.62 or Sec.  50.109, or otherwise represent an 
inconsistency with the issue finality provisions applicable to combined 
licenses in 10 CFR part 52. General licensees who have loaded these 
casks, or who 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. Extending the certificates' expiration dates for 
40 more years and requiring the implementation of aging management 
programs does not impose any modification or addition to the design of 
the structures, systems, and components important to safety of a cask 
system, or to the procedures or organization required to operate the 
system during this initial 20-year term certified by the cask's 
certificate of compliance. The aging management programs required to be 
implemented by this renewal are only required to be implemented after 
the storage cask system's initial 20-year service period ends.
    Because this rulemaking renews the certificates, and because 
renewal is a separate NRC licensing action voluntarily implemented by 
vendors or licensees, the renewal of these certificates is not an 
imposition of new or changed requirements from which these certificate 
of compliance holders or licensees would otherwise be protected by the 
backfitting provisions in Sec.  72.62 or Sec.  50.109. Even if renewal 
of this certificate of compliance cask system design could be 
considered a backfit, Holtec International, as the certificate of 
compliance holder and vendor of the casks, is not protected by the 
backfitting provisions in Sec.  72.62 in this capacity.
    Holtec International is also a general licensee using the HI-STORM 
100 Cask System design under a general license. General licensees, 
including Holtec International, using the existing systems subject to 
these renewals would be protected by the backfitting provisions in 
Sec.  72.62 and Sec.  50.109 if the renewals constituted new or changed 
requirements. But as previously explained, renewal of the certificates 
for these systems does not impose such requirements. The general 
licensees using these certificates of compliance may continue storing 
material in the Holtec International HI-STORM 100 Cask System design 
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 the Holtec International HI-STORM 
100 Cask System design after the initial 20-year period, these general 
licensees will be required to implement the applicable aging management 
programs for any cask systems subject to a renewed certificate of 
compliance, but such continued use is voluntary.
    Additionally, the actions in this direct final rule do not impact 
issue finality provisions applicable to combined licenses under 10 CFR 
part 52. Currently, there are no Holtec International HI-STORM 100 
casks used at an independent fuel storage installation associated with 
a nuclear power reactor licensed pursuant to 10 CFR part 52 under the 
general license granted by Sec.  72.210.
    For these reasons, renewing the initial certificate and Amendment 
Nos. 1 through 15 of Certificate of Compliance No. 1014 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.

----------------------------------------------------------------------------------------------------------------
                          Document                              ADAMS accession No./ Federal Register citation
----------------------------------------------------------------------------------------------------------------
                    Proposed Certificates of Compliance and Proposed Technical Specifications
----------------------------------------------------------------------------------------------------------------
Proposed Renewed Certificate of Compliance No. 1014          ML22098A235.
 (Amendment No. 0).
Proposed Renewed Certificate of Compliance No. 1014          ML22098A236.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 0.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A237.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 0.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A238.
 Amendment No. 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A239.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A240.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 1.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A241.
 Amendment No. 2.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A242.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 2.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A243.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 2.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A244.
 Amendment No. 3.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A245.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 3.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A246.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 3.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A247.
 Amendment No. 4.

[[Page 9114]]

 
Proposed Renewed Certificate of Compliance No. 1014          ML22098A248.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 4.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A249.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 4.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A250.
 Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A251.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A252.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 5.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A253.
 Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A254.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A255.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 6.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A256.
 Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A257.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A258.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A259.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A260.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 7.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A261.
 Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A262.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A263.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A264.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A265.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 8, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A266.
 Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A267.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A268.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A269.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A270.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 9, Revision 1.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A271.
 Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A272.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A273.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A274.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A275.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 10.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A276.
 Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A277.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A278.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A279.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A280.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 11.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A281.
 Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A282.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A283.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A284.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A285.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 12.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A286.
 Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A287.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A288.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 13.

[[Page 9115]]

 
Proposed Renewed Certificate of Compliance No. 1014          ML22098A289.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A290.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 13.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A291.
 Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A292.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A293.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A294.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A295.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 14.
Proposed Renewed Certificate of Compliance No. 1014,         ML22098A296.
 Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A297.
 Appendix A: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A298.
 Appendix B: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A299.
 Appendix A-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A300.
 Appendix B-100U: Technical Specifications for the HI-STORM
 100 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A301.
 Appendix C: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 15.
Proposed Renewed Certificate of Compliance No. 1014          ML22098A302.
 Appendix D: Technical Specifications for the HI-STORM 100
 Cask System Amendment No. 15.
----------------------------------------------------------------------------------------------------------------
                                      Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Safety Evaluation Report for the HI-STORM 100    ML22098A303.
 Cask System: Certificate of Compliance No. 1014 Renewal
 Docket No. 72-1014.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,         ML051230231.
 ``Storage of Spent Nuclear Fuel in NRC-Approved Storage
 Casks at Nuclear Power Reactor Sites.'' (1989).
----------------------------------------------------------------------------------------------------------------
``Environmental Assessment for the Holtec International HI-  ML091060766.
 STORM 100U Underground Cask System'' (2009).
``Environmental Assessment and Finding of No Significant     ML100710441.
 Impact for the Final Rule Amending 10 CFR Part 72 License
 and Certificate of Compliance Terms'' (2010).
Generic Environmental Impact Statement for Continued         ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
 Volumes 1 and 2) (2014).
``Storage of Spent Fuel In NRC-Approved Storage Casks at     55 FR 29181.
 Power Reactor Sites'' Final Rule (July 18, 1990).
``List of Approved Spent Fuel Storage Casks: HI-STORM 100    74 FR 52387.
 Revision 7'' (October 13, 2009).
``License and Certificate of Compliance Terms'' (February    76 FR 8876.
 16, 2011).
----------------------------------------------------------------------------------------------------------------
                        Holtec International, HI-STORM 100 Renewal Application Documents
----------------------------------------------------------------------------------------------------------------
``Holtec International HI-STORM 100 Storage Certificate of   ML20049A081 (package).
 Compliance Renewal Application.'' Holtec Letter 5014890.
``Holtec International, Submittal of RAI Responses on HI-    ML20290A819 (package).
 STORM 100 License Renewal.'' Holtec Letter 5014911.
``Holtec International, Submittal of RAI Responses on HI-    ML20303A254 (package).
 STORM 100 License Renewal [submittal of report HI-2002396,
 Revision 5].'' Holtec Letter 5014912.
``Holtec International, Submittal of RAI Clarification       ML21109A367 (package).
 Responses on HI-STORM 100 License Renewal.'' Holtec Letter
 5014922.
``Holtec International, Submittal of RAI Clarification       ML21113A201 (package).
 Responses on HI-STORM 100 License Renewal--Updated
 Attachment.'' Holtec Letter 5014923.
Certificate of Compliance Renewal Application for the HI-    ML21113A203.
 STORM 100 Dry Storage System: Certificate of Compliance
 No. 1014, Docket Number 72-1014.
----------------------------------------------------------------------------------------------------------------
                        Holtec International, HI-STORM 100 Final Safety Analysis Reports
----------------------------------------------------------------------------------------------------------------
``Final Safety Analysis Report for the HI-STORM 100 Cask     ML19150A405.
 System.'' HI-2002444, Revision 18. (non-proprietary) (May
 2019).
``Final Safety Analysis Report for the HI-STORM 100 Cask     ML20121A317.
 System.'' HI-2002444, Revision 19. (non-proprietary)
 (April 2020).
``Final Safety Analysis Report for the HI-STORM 100 Cask     ML20167A018.
 System.'' HI-2002444, Revision 20. (non-proprietary) (June
 2020).
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
``Standard Review Plan for Renewal of Specific Licenses and  ML16179A148.
 Certificates of Compliance for Dry Storage of Spent
 Nuclear Fuel.'' NUREG-1927, Revision 1. Washington, DC.
 June 2016.
``Managing Aging Processes in Storage (MAPS) Report.''       ML19214A111.
 Final Report. NUREG-2214. Washington, DC. July 2019.

[[Page 9116]]

 
``General License for Storage of Spent Fuel at Power         55 FR 29181.
 Reactor Sites'' (July 18, 1990).
``List of Approved Spent Fuel Storage Casks: Holtec HI-      65 FR 25241.
 STORM 100 Addition'' (May 1, 2000).
``License and Certificate of Compliance Terms'' (February    76 FR 8872.
 16, 2011).
``Agreement State Program Policy Statement; Correction''     82 FR 48535.
 (October 18, 2017).
Nuclear Energy Institute NEI 14-03, Revision 2, ``Format,    ML16356A210.
 Content and Implementation Guidance for Dry Cask Storage
 Operations-Based Aging Management,'' (2016).
Regulatory Guide 3.76, Revision 0, ``Implementation of       ML21098A022.
 Aging Management Requirements for Spent Fuel Storage
 Renewals.'' July 2021.
----------------------------------------------------------------------------------------------------------------

    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-2022-0109.

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. 1014 to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000, superseded by 
Renewed Initial Certificate Effective Date: May 1, 2023.
    Amendment Number 1 Effective Date: July 15, 2002, superseded by 
Renewed Amendment Number 1 Effective Date: May 1, 2023.
    Amendment Number 2 Effective Date: June 7, 2005, superseded by 
Renewed Amendment Number 2 Effective Date: May 1, 2023.
    Amendment Number 3 Effective Date: May 29, 2007, superseded by 
Renewed Amendment Number 3 Effective Date: May 1, 2023.
    Amendment Number 4 Effective Date: January 8, 2008, superseded by 
Renewed Amendment Number 4 Effective Date: May 1, 2023.
    Amendment Number 5 Effective Date: July 14, 2008, superseded by 
Renewed Amendment Number 5 Effective Date: May 1, 2023.
    Amendment Number 6 Effective Date: August 17, 2009, superseded by 
Renewed Amendment Number 6 Effective Date: May 1, 2023.
    Amendment Number 7 Effective Date: December 28, 2009, superseded by 
Renewed Amendment Number 7 Effective Date: May 1, 2023.
    Amendment Number 8 Effective Date: May 2, 2012, as corrected on 
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by 
Amendment Number 8, Revision 1, Effective Date: February 16, 2016; 
superseded by Renewed Amendment Number 8, Revision 1 Effective Date: 
May 1, 2023.
    Amendment Number 9 Effective Date: March 11, 2014; superseded by 
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as 
corrected on August 25, 2017 (ADAMS Accession No. ML17236A451); 
superseded by Renewed Amendment Number 9, Revision 1 Effective Date: 
May 1, 2023.
    Amendment Number 10 Effective Date: May 31, 2016, as corrected on 
August 25, 2017 (ADAMS Accession No. ML17236A452); superseded by 
Renewed Amendment Number 10 Effective Date: May 1, 2023.
    Amendment Number 11 Effective Date: February 25, 2019, as corrected 
(ADAMS Accession No. ML19343B024); superseded by Renewed Amendment 
Number 11 Effective Date: May 1, 2023.
    Amendment Number 12 Effective Date: February 25, 2019, as corrected 
on May 30, 2019 (ADAMS Accession No. ML19109A111); further corrected 
December 23, 2019 (ADAMS Accession No. ML19343A908); superseded by 
Renewed Amendment Number 12 Effective Date: May 1, 2023.
    Amendment Number 13 Effective Date: May 13, 2019, as corrected on 
May 30, 2019 (ADAMS Accession No. ML19109A122); further corrected 
December 23, 2019 (ADAMS Accession No. ML19343B156); superseded by 
Renewed Amendment Number 13 Effective Date: May 1, 2023.
    Amendment Number 14 Effective Date: December 17, 2019, as corrected 
(ADAMS Accession No. ML19343B287); superseded by Renewed Amendment 
Number 14 Effective Date: May 1, 2023.
    Amendment Number 15 Effective Date: June 14, 2021, superseded by 
Renewed Amendment Number 15 Effective Date: May 1, 2023.
    Safety Analysis Report (SAR) Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Renewed Certificate Expiration Date: May 31, 2060.
    Model Number: HI-STORM 100.
* * * * *

    Dated: January 31, 2023.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-03002 Filed 2-10-23; 8:45 am]
BILLING CODE 7590-01-P