[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direct final rule is withdrawn as a result of such comments, timely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