[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Rules and Regulations]
[Pages 28572-28581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08388]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0220]
RIN 3150-AL05


List of Approved Spent Fuel Storage Casks: FuelSolutionsTM Spent 
Fuel Management System, Certificate of Compliance No. 1026, Renewal of 
Initial Certificate and Amendment Nos. 1 Through 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Westinghouse Electric 
Company LLC FuelSolutionsTM Spent Fuel Management System 
listing within the ``List of approved spent fuel storage casks'' to 
renew the initial certificate and Amendment Nos. 1 through 4 to 
Certificate of Compliance No. 1026. The renewal of the initial 
certificate of compliance and Amendment Nos. 1 through 4 for 40 years 
revises the certificate'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 July 3, 2024, unless 
significant adverse comments are received by May 20, 2024. If the 
direct final rule is withdrawn as

[[Page 28573]]

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-2023-0220, 
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.
    You can read a plain language description of this direct final rule 
at https://www.regulations.gov/docket/NRC-2023-0220. 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: George Tartal, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-0016, email: 
[email protected] and Yen-Ju Chen, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-1018, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant Impact
IX Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0220 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-2023-0220. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: [email protected]. For technical questions contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

B. Submitting Comments

    Please include Docket ID NRC-2023-0220 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 direct final rule is limited to the changes contained in the 
Initial Certificate and Amendment Nos. 1 through 4 to Certificate of 
Compliance No. 1026 and does not include other aspects of the 
FuelSolutionsTM Spent Fuel Management System Cask System 
design. The NRC is using the ``direct final rule procedure'' to issue 
this amendment because it represents a limited and routine change to an 
existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety 
continues to be reasonably assured. The amendment to the rule will 
become effective on July 3, 2024. However, if the NRC receives any 
significant adverse comment on this direct final rule by May 20, 2024, 
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

[[Page 28574]]

the rule, certificate of compliance, or technical specifications (TS).

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
January 16, 2001 (66 FR 3444), that approved the 
FuelSolutionsTM Spent Fuel Management System design and 
added it to the list of NRC-approved cask designs in Sec.  72.214 as 
Certificate of Compliance No. 1026.
    On August 28, 2007 (72 FR 49352), 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 installations (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 cask 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. 
1026 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 November 6, 2020, Westinghouse Electric Company 
LLC submitted a request to the NRC to renew Certificate of Compliance 
No. 1026 for a period of 40 years beyond the initial certificate 
period. Westinghouse Electric Company LLC supplemented its request on 
March 30, 2021; June 30, 2022; and September 13, 2022.
    The FuelSolutions\TM\ Storage System (the system) is certified as 
described in the Safety Analysis Report (SAR) and in NRC's Safety 
Evaluation Report (SER) accompanying the certificate of compliance 
(CoC). The system consists of the following components: (1) canister 
for dry storage of spent nuclear fuel (W21 and W74); (2) transfer cask 
for canister loading, closure and handling capability (W100); and (3) 
storage cask which provides passive vertical dry storage of a loaded 
canister (W150). The system stores up to 21 pressurized water reactor 
(PWR) assemblies or 64 boiling water reactor (BWR) assemblies.
    The canister is the component providing confinement to the system 
for the stored fuel. A typical canister consists of a shell assembly, 
top and bottom inner closure plates, vent and drain port covers, 
internal basket assembly, top and bottom shield plugs, and top and 
bottom outer closure plates. All structural components are constructed 
of high-strength carbon steel (electroless nickel coated) or stainless 
steel. The canister shell, top and bottom inner closure plates, and the 
vent and drain port covers form the confinement boundary. The storage 
overpack provides structural support, shielding, protection from 
environmental conditions, and natural convection cooling of the 
canister during long-term storage. The transfer cask provides shielding 
during canister movements between the spent fuel pool and the storage 
cask.
    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,'' (December 2016) 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. 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.
    Westinghouse Electric Company, LLC 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 canister, the transfer cask, and the overpack will 
continue to effectively manage aging effects during the period of 
extended operation.
    The renewal of the initial certificate and Amendment Nos. 1 through 
4 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

[[Page 28575]]

management of issues associated with aging that could adversely affect 
structures, systems, and components important to safety. In addition, 
the regulations in Sec.  72.240(e) authorize 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.
    The NRC is revising the initial certificate and Amendment Nos. 1 
through 4 to update the certificate holder name and address and to make 
corrections and editorial changes to the CoC and TSs. The changes to 
the aforementioned documents are identified with revision bars in the 
margin of each document. The NRC is adding three new conditions to 
address aging management activities related to the structures, systems, 
and components important to the safety of the dry storage system to 
ensure that these will maintain their intended functions during the 
period of extended storage operations. The three new conditions added 
to the renewal of the initial certificate of compliance and Amendment 
Nos. 1 through 4 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 
FuelSolutionsTM Spent Fuel Management System final safety 
analysis report. 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 
FuelSolutionsTM Spent Fuel Management 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 currently use a 
FuelSolutionsTM Spent Fuel Management System will need to 
update their Sec.  72.212 reports, even if they do not put additional 
Westinghouse Electric Company LLC FuelSolutionsTM Spent Fuel 
Management 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 Westinghouse Electric 
Company LLC FuelSolutionsTM Spent Fuel Management 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 1026 
and Amendment Nos. 1 through 4) include evaluations of the impacts to 
aging management activities (i.e., time-limited aging analyses and 
aging management programs) to ensure that 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 any changes to the system in proposed 
future amendments.
    Additionally, the condition for the initial certificate and 
Amendment Nos. 1 through 4 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 Westinghouse Electric 
Company LLC FuelSolutionsTM Spent Fuel Management System 
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 4 by adding a section addressing the aging management 
program. General licensees using the FuelSolutionsTM Spent 
Fuel Management 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 FuelSolutionsTM Spent Fuel Management 
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 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 the 
FuelSolutionsTM Spent Fuel Management System 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 
Sec.  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,

[[Page 28576]]

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), 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 
FuelSolutionsTM Spent Fuel Management System, 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 Westinghouse Electric Company LLC 
FuelSolutionsTM Spent Fuel Management System initial 
certificate 1026 and Amendment Nos. 1 through 4.
    Extending the expiration date of the approval for the initial 
certificate and Amendment Nos. 1 through 4 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 FuelSolutionsTM Spent 
Fuel Management System design listing in Sec.  72.214 by renewing, for 
40 more years, the initial certificate and Amendment Nos. 1 through 4 
of Certificate of Compliance No. 1026. The 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 
FuelSolutionsTM Spent Fuel Management System Cask System 
design listed in Sec.  72.214, ``List of approved spent fuel storage 
casks.'' This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility Category NRC--Areas of Exclusive NRC Regulatory 
Authority. The NRC program elements in this category are those that 
relate directly to areas of regulation reserved to the NRC by the 
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR 
chapter I. Therefore, compatibility is not required for program 
elements in this category.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

VIII. Environmental Assessment and Finding of No Significant Impact

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
the NRC has determined that this direct final rule, if adopted, would 
not be a major Federal action significantly affecting the quality of 
the human environment and, therefore, an environmental impact statement 
is not required. The NRC has made a finding of no significant impact 
based on this environmental assessment.

A. The Action

    The action is to amend Sec.  72.214 to revise the Westinghouse 
Electric Company LLC FuelSolutionsTM Spent Fuel Management 
System listing within the ``List of approved spent fuel storage casks'' 
to renew the initial certificate and Amendment Nos. 1 through 4 to 
Certificate of Compliance No. 1026.

B. The Need for the Action

    This direct final rule renews the certificate of compliance for the 
Westinghouse Electric Company LLC FuelSolutionsTM Spent Fuel 
Management System design within the list of approved spent fuel storage 
casks to allow power reactor licensees to store spent fuel at reactor 
sites in casks with the approved modifications under a general license. 
Specifically, this rule extends the expiration date for the 
FuelSolutionsTM Spent Fuel Management 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.
    In addition, this direct final rule revises the certificate of 
compliance for the initial certificate and Amendment Nos. 1 through 4 
to update the

[[Page 28577]]

certificate holder name and address and adds three new conditions:
     A condition for submitting an updated FSAR to the NRC, in 
accordance with Sec.  72.4, within 90 days after the effective date of 
the CoC renewal.
     A condition for renewed CoC use during the period of 
extended operation to ensure that a general licensee's report prepared 
under Sec.  72.212 evaluates the appropriate considerations for the 
period of extended operation. All future amendments and revisions to 
this CoC must include evaluations of the impacts to aging management 
activities. The NRC is revising the initial certificate and Amendment 
Nos. 1 through 4 to address the language change in Sec.  72.210 
``General license issue'' and other updates to the regulations. The NRC 
is making changes to TSs including updating the certificate holder's 
information in all TSs for the initial certificate and Amendment Nos. 1 
through 4 and updating references to ``FuelSolutions'' and 
``Westinghouse Electric Company LLC'' or ``WEC.''
     A condition requiring all future amendments and revisions 
to the certificate of compliance (i.e., the initial certificate 1026 
and Amendment Nos. 1 through 4) include evaluations of the impacts to 
aging management activities (i.e., time-limited aging analyses and 
aging management programs) to ensure that they remain adequate for any 
changes to structures, systems, and components important to safety 
within the scope of renewal.
    Finally, the NRC will make various corrections and editorial 
changes to the CoC and TSs.

C. Environmental Impacts of the Action

    On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was analyzed 
in the environmental assessment for the 1990 final rule and are 
described in ``Environmental Assessment for Proposed Rule Entitled, 
`Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear 
Power Reactor Sites.' '' 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.'' 
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 the 
initial certificate and Amendment Nos. 1 through 4 to Certificate of 
Compliance No. 1026 tiers off the environmental assessment for the 
February 16, 2011, final rule and NUREG-2157. Tiering on past 
environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended.
    The Westinghouse Electric Company LLC FuelSolutionsTM 
Spent Fuel Management System is designed to mitigate the effects of 
design basis accidents that could occur during storage. Design basis 
accidents account for human-induced events and the most severe natural 
phenomena reported for the site and surrounding area. Postulated 
accidents analyzed for an independent spent fuel storage installation, 
the type of facility at which a holder of a power reactor operating 
license would store spent fuel in casks in accordance with 10 CFR part 
72, can include tornado winds and tornado-generated missiles, a design 
basis earthquake, a design basis flood, an accidental cask drop, 
lightning effects, fire, explosions, and other incidents.
    A renewal reaffirms the original design basis and 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. This renewal does not reflect 
a significant change in design or fabrication of the cask. Because 
there are no significant design or process changes, any resulting 
occupational exposure or offsite dose rates from the renewal of the 
initial certificate and Amendment Nos. 1 through 4 would remain well 
within the 10 CFR part 20 limits. The NRC has also determined that the 
design of the cask would continue to maintain confinement, shielding, 
and criticality control in the event of an accident. Therefore, these 
changes will not result in any radiological or non-radiological 
environmental impacts that significantly differ from the environmental 
impacts evaluated in the environmental assessment supporting the 
February 16, 2011, final rule. There will be no significant change in 
the types or significant revisions in the amounts of any effluent 
released, no significant increase in the individual or cumulative 
radiation exposures, and no significant increase in the potential for, 
or consequences from, radiological accidents. The NRC 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 
Westinghouse Electric Company LLC FuelSolutionsTM Spent Fuel 
Management 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 the renewal of the 
initial certificate and Amendment Nos. 1 through 4 and not issue the 
direct final rule. Consequently, any 10 CFR part 72 general licensee 
that seeks to load spent nuclear fuel into Westinghouse Electric 
Company LLC FuelSolutionsTM Spent Fuel Management System 
after the expiration date of the certificate of compliance or that 
seeks to continue storing spent nuclear fuel in the Westinghouse 
Electric Company LLC FuelSolutionsTM Spent Fuel Management 
System 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 Westinghouse Electric Company LLC 
FuelSolutionsTM Spent Fuel Management System 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 Westinghouse Electric Company 
LLC FuelSolutionsTM

[[Page 28578]]

Spent Fuel Management 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 4 
to Certificate of Compliance No. 1026 would result in no irreversible 
commitment of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    This direct final rule is to amend Sec.  72.214 to revise the 
Westinghouse Electric Company LLC FuelSolutionsTM Spent Fuel 
Management 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 4 of Certificate of Compliance 
No. 1026. 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.'' 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 4. The NRC determined that the 
renewed Westinghouse Electric Company LLC FuelSolutionsTM 
Spent Fuel Management 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: FuelSolutionsTM Spent Fuel Management System, 
Certificate of Compliance No. 1026, Renewal of Initial Certificate and 
Amendment Nos. 1 through 4,'' 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.

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 
Westinghouse Electric Company LLC. These entities do not fall within 
the scope of the definition of small entities set forth in the 
Regulatory Flexibility Act or the size standards established by the NRC 
(Sec.  2.810).

XI. Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if (1) it notifies the NRC in advance; (2) the spent fuel 
is stored under the conditions specified in the cask's certificate of 
compliance; and (3) the conditions of the general license are met. A 
list of NRC-approved cask designs is contained in Sec.  72.214. On 
January 16, 2001 (66 FR 3444), the NRC issued an amendment to 10 CFR 
part 72 that approved the FuelSolutionsTM Spent Fuel 
Management System by adding it to the list of NRC-approved cask designs 
in Sec.  72.214.
    On November 6, 2020, and as supplemented on March 30, 2021, June 
30, 2022, and September 13, 2022, Westinghouse Electric Company LLC 
submitted a request to renew the FuelSolutionsTM Spent Fuel 
Management System 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 Amendment Nos. 1 through 4 and 
to require any 10 CFR part 72 general licensee seeking to continue the 
storage of spent nuclear fuel in Westinghouse Electric Company LLC 
FuelSolutionsTM Spent Fuel Management System using the 
initial certificate or Amendment Nos. 1 through 4 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. 1026 for the Westinghouse Electric 
Company LLC FuelSolutionsTM Spent Fuel Management 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 4, extending their

[[Page 28579]]

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 60 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 4 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 Westinghouse Electric Company LLC 
FuelSolutionsTM Spent Fuel Management System design for the 
initial 20- 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 60 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, Westinghouse Electric Company LLC, 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.
    Unlike a vendor, general licensees 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 Westinghouse Electric Company LLC 
FuelSolutionsTM Spent Fuel Management 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 Westinghouse Electric Company LLC 
FuelSolutionsTM Spent Fuel Management 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. For these reasons, renewing the initial certificate and 
Amendment Nos. 1 through 4 of Certificate of Compliance No. 1026 does 
not constitute backfitting under Sec.  72.62 or Sec.  50.109(a)(1), or 
otherwise represent an inconsistency with the issue finality provisions 
applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC 
has not prepared a backfit analysis for this rulemaking.

XIII. Congressional Review Act

    This direct final rule is not a rule as defined in the 
Congressional Review Act.

XIV. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

------------------------------------------------------------------------
                                           Adams Accession No./ Web Link/
                 Document                     Federal Register Citation
------------------------------------------------------------------------
                   Proposed Certificate of Compliance
------------------------------------------------------------------------
Proposed Certificate of Compliance No.     ML22354A265.
 1026, Renewed Amendment No. 0.
Proposed Certificate of Compliance No.     ML22354A269.
 1026, Renewed Amendment No. 1.
Proposed Certificate of Compliance No.     ML22354A273.
 1026, Renewed Amendment No. 2.
Proposed Certificate of Compliance No.     ML22354A277.
 1026, Renewed Amendment No. 3.
Proposed Certificate of Compliance No.     ML22354A281.
 1026, Renewed Amendment No. 4.
------------------------------------------------------------------------
                  Preliminary Safety Evaluation Report
------------------------------------------------------------------------
Preliminary Safety Evaluation Report for   ML22354A285.
 Renewed Certificate of Compliance No.
 1026, Amendments Nos. 0-4.
------------------------------------------------------------------------
                    Proposed Technical Specifications
------------------------------------------------------------------------
Proposed Technical Specifications          ML22354A266.
 Appendix A for Certificate of Compliance
 No. 1026, Renewed Amendment No. 0.

[[Page 28580]]

 
Proposed Technical Specifications          ML22354A267.
 Appendix B for Certificate of Compliance
 No. 1026, Renewed Amendment No. 0.
Proposed Technical Specifications          ML22354A268.
 Appendix C for Certificate of Compliance
 No. 1026, Renewed Amendment No. 0.
Proposed Technical Specifications          ML22354A270.
 Appendix A for Certificate of Compliance
 No. 1026, Renewed Amendment No. 1.
Proposed Technical Specifications          ML22354A271.
 Appendix B for Certificate of Compliance
 No. 1026, Renewed Amendment No. 1.
Proposed Technical Specifications          ML22354A272.
 Appendix C for Certificate of Compliance
 No. 1026, Renewed Amendment No. 1.
Proposed Technical Specifications          ML22354A274.
 Appendix A for Certificate of Compliance
 No. 1026, Renewed Amendment No. 2.
Proposed Technical Specifications          ML22354A275.
 Appendix B for Certificate of Compliance
 No. 1026, Renewed Amendment No. 2.
Proposed Technical Specifications          ML22354A276.
 Appendix C for Certificate of Compliance
 No. 1026, Renewed Amendment No. 2.
Proposed Technical Specifications          ML22354A278.
 Appendix A for Certificate of Compliance
 No. 1026, Renewed Amendment No. 3.
Proposed Technical Specifications          ML22354A279.
 Appendix B for Certificate of Compliance
 No. 1026, Renewed Amendment No. 3.
Proposed Technical Specifications          ML22354A280.
 Appendix C for Certificate of Compliance
 No. 1026, Renewed Amendment No. 3.
Proposed Technical Specifications          ML22354A282.
 Appendix A for Certificate of Compliance
 No. 1026, Renewed Amendment No. 4.
Proposed Technical Specifications          ML22354A283.
 Appendix B for Certificate of Compliance
 No. 1026, Renewed Amendment No. 4.
Proposed Technical Specifications          ML22354A284.
 Appendix C for Certificate of Compliance
 No. 1026, Renewed Amendment No. 4.
------------------------------------------------------------------------
                         Environmental Documents
------------------------------------------------------------------------
``Environmental Assessment and Findings    ML100710441.
 of No Significant Impact for the Final
 Rule Amending 10 CFR Part 72 License and
 Certificate of Compliance Terms.''
 (2010).
Generic Environmental Impact Statement     ML14198A440 (package).
 for Continued Storage of Spent Nuclear
 Fuel: Final Report (NUREG-2157, Volumes
 1 and 2). (2014).
------------------------------------------------------------------------
     Westinghouse Electric Company LLC FuelSolutions\TM\ Spent Fuel
             Management System Renewal Application Documents
------------------------------------------------------------------------
Westinghouse Electric Company LLC          ML20315A012 (package).
 ``Submittal of FuelSolutions\TM\ Spent
 Fuel Management System Certificate of
 Compliance (CoC) Renewal Application.''
 Westinghouse letter LTR-NRC-20-64.
 (November 6, 2020).
Westinghouse Electric Company LLC          ML21090A201 (package).
 ``Reponses to Requests for Supplemental
 Information for the Application for the
 FuelSolutions\TM\ Spent Fuel Management
 System Certificate of Compliance (CoC)
 Renewal Application.'' Westinghouse
 letter LTR-NRC-21-14 Revision 0. (March
 30, 2021).
Westinghouse Electric Company LLC          ML22186A053 (package).
 ``Submittal of FuelSolutions\TM\ Spent
 Fuel Management System Certificate of
 Compliance (CoC) Renewal Application.''
 Westinghouse letter LTR-NRC-22-27. (June
 30, 2022).
Westinghouse Electric Company LLC          ML22256A285 (package).
 ``Submittal of Supplemental Response to
 NRC RAI A-RCS1.'' Westinghouse letter
 LTR-NRC-22-38. (September 13, 2022).
------------------------------------------------------------------------
                             Other Documents
------------------------------------------------------------------------
``Standard Review Plan for Renewal of      ML16179A148.
 Specific Licenses and Certificates of
 Compliance for Dry Storage of Spent
 Nuclear Fuel.'' NUREG-1927, Revision 1.
 Washington, DC. (June 2016).
``Managing Aging Processes in Storage      ML19214A111.
 (MAPS) Report.'' Final Report. NUREG-
 2214. Washington, DC. (July 2019).
``General License for Storage of Spent     55 FR 29181.
 Fuel at Power Reactor Sites.'' (July 18,
 1990).
``List of Approved Spent Fuel Storage      66 FR 3444.
 Casks: FuelSolutions Addition.''
 (January 16, 2001).
``License and Certificate of Compliance    76 FR 8872.
 Terms.'' (February 16, 2011).
``Agreement State Program Policy           82 FR 48535.
 Statement; Correction.'' (October 18,
 2017).
Nuclear Energy Institute NEI 14-03,        ML16356A210.
 Revision 2, ``Format, Content and
 Implementation Guidance for Dry Cask
 Storage Operations-Based Aging
 Management.'' (December 2016).
Regulatory Guide 3.76, Revision 0,         ML21098A022.
 ``Implementation of Aging Management
 Requirements for Spent Fuel Storage
 Renewals.'' (July 2021).
``Licenses, Certifications, and Approvals  72 FR 49352.
 for Nuclear Power Plants.'' (August 28,
 2007).
Presidential Memorandum, ``Plain Language  63 FR 31885.
 in Government Writing.'' (June 10, 1998).
------------------------------------------------------------------------

    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-2023-0220. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2023-0220); (2) click 
the ``Subscribe'' link; and (3) enter an email address and click on the 
``Subscribe'' link.

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);

[[Page 28581]]

National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear 
Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 
10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 
note.


0
2. In Sec.  72.214, Certificate of Compliance No. 1026 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1026.
    Initial Certificate Effective Date: February 15, 2001, superseded 
by Renewed Initial Certificate on July 3, 2024.
    Amendment Number 1 Effective Date: May 14, 2001, superseded by 
Renewed Amendment Number 1 on July 3, 2024.
    Amendment Number 2 Effective Date: January 28, 2002, superseded by 
Renewed Amendment Number 2 on July 3, 2024.
    Amendment Number 3 Effective Date: May 7, 2003, superseded by 
Renewed Amendment Number 3 on July 3, 2024.
    Amendment Number 4 Effective Date: July 3, 2006, superseded by 
Renewed Amendment Number 4 on July 3, 2024.
    SAR Submitted by: Westinghouse Electric Company LLC.
    SAR Title: Final Safety Analysis Report for the 
FuelSolutionsTM Spent Fuel Management System.
    Docket Number: 72-1026.
    Renewed Certificate Expiration Date: February 15, 2061.
    Model Number: WSNF-220, WSNF-221, and WSNF-223 systems; W150 
storage cask; W100 transfer cask; and the W21 and W74 canisters.
* * * * *

    Dated: April 8, 2024.

    For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-08388 Filed 4-18-24; 8:45 am]
BILLING CODE 7590-01-P