[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33184-33194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08508]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0034]
RIN 3150-AL07
List of Approved Spent Fuel Storage Casks: NAC International,
Inc., NAC-UMS Universal Storage System, Certificate of Compliance No.
1015, Renewal of Initial Certificate and Amendment Nos. 1 Through 9
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 NAC International, Inc.,
NAC-UMS Universal Storage System listing within the ``List of approved
spent fuel storage casks'' to renew the initial certificate and
Amendment Nos. 1 through 9 of Certificate of Compliance No. 1015. The
renewal of the initial certificate of compliance and Amendment Nos. 1
through 9 for 40 years changes 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 15, 2024 unless
significant adverse comments are received by May 29, 2024. If the
direct final rule is withdrawn as a result of such comments, timely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-2024-0034
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-2024-0034. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Christopher Markley, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6293, email:
[email protected] and Greg Trussell, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6244, 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-2024-0034 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-2024-0034. Address
questions about NRC dockets to Helen Chang, telephone: 301-415- 3228,
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
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2024-0034 in your comment submission.
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 9 to Certificate of
Compliance (CoC) No. 1015 and does not include other aspects of NAC
International, Inc., NAC-UMS Universal Storage System design. The NRC
is using the ``direct final rule procedure'' to issue this renewal
because this action represents a
[[Page 33185]]
limited and routine change to an existing CoC that is expected to be
non-controversial and, accordingly, is unlikely to result in
significant adverse comments. Adequate protection of public health and
safety continues to be reasonably assured. The amendment to the rule
will become effective on July 15, 2024. However, if the NRC receives
any significant adverse comment on this direct final rule by May 29,
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 the rule, CoC, or technical specifications.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under Section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule that added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
October 19, 2000 (65 FR 62581), that approved the NAC-UMS Universal
Storage System design and added it to the list of NRC-approved cask
designs in Sec. 72.214 as CoC No. 1015.
On August 28, 2007 (72 FR 49352), the NRC amended the scope of the
general licenses issued under Sec. 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 to revise
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 CoC was approved rather than
current standards.
IV. Discussion of Changes
The term certified by the initial CoC No. 1015 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
October 13, 2020, NAC International, Inc. submitted a request to the
NRC to renew CoC No. 1015 for a period of 40 years beyond the initial
certificate period and Amendment Nos. 1 through 7 to Certificate of
Compliance No. 1015 for the NAC-UMS[supreg] Universal Storage System.
NAC International, Inc. supplemented its request on March 3, 2022;
March 18, 2022 (adding Amendment Nos. 8 and 9 to the request); July 28,
2022; and December 21, 2022.
The NAC-UMS Universal Storage System (the system) is certified as
described in the Safety Analysis Report (SAR) and in NRC's Safety
Evaluation Report (SER) accompanying the CoC. The system consists of
the following components: (1) transportable storage canister (TSC),
which contains the spent fuel; (2) vertical concrete cask (VCC), which
contains the TSC during storage; and (3) a transfer cask, which
contains the TSC during loading, unloading, and transfer operations.
The original CoC for the NAC-UMS Universal Storage System included
designs for the storage of five classes of TSCs, including three
lengths for pressurized-water reactor (PWR) fuel types and two lengths
for boiling-water reactor (BWR) fuel types. The system included a TSC
provided with integral fuel baskets for the storage of up to 24 PWR and
56 BWR spent nuclear fuel assemblies. Subsequently, the NRC issued nine
amendments to the NAC-UMS Universal Storage System CoC.
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
[[Page 33186]]
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.
NAC International Inc., 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
9 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. The NRC
spent fuel storage regulations in 10 CFR 72.240 authorize the NRC to
revise the CoC to include any additional terms, conditions, and
specifications it deems necessary to ensure the safe operation of the
cask during the CoC's renewal term. Here, the NRC is adding three new
conditions to the renewal of the CoC 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. This would ensure the safe operation of the cask during the
CoC's renewal term and would allow the use of the NAC-UMS Universal
Storage System during the approved period of extended operation.
Additionally, the NRC is amending the condition that describes the
authorization for use of the NAC-UMS Universal Storage System design
under the general license.
The three new conditions added to the renewal of the initial CoC
and Amendment Nos. 1 through 9 are the following:
A condition requiring the CoC 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
CoC, including the NAC-UMS Universal Storage 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 CoC 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 NAC-
UMS Universal Storage System design to include, in the evaluations
required by Sec. 72.212(b)(5), evaluations related to the terms,
conditions, and specifications of this CoC amendment as modified (i.e.,
changed or added) as a result of the renewal of the CoC 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
CoC and the NRC Safety Evaluation Report (SER) for the renewal of the
CoC. 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 NAC-UMS
Universal Storage System will need to update their Sec. 72.212
reports, even if they do not put additional NAC-UMS Universal Storage
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 NAC-UMS Universal Storage
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 CoC 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 CoC 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 CoC (i.e., the initial certificate 1015 and Amendment Nos. 1
through 9) 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
CoC address the renewed design bases for the CoC, 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 9 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 NAC-UMS Universal Storage
System under the general license issued under Sec. 72.210.
The NRC made one corresponding change from the technical
specifications for the initial CoC and Amendment Nos. 1 through 9 by
adding a section addressing the aging management program. General
licensees using the NAC-UMS Universal Storage 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 NAC-UMS
Universal Storage 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 provided to the general licensee during the renewal period.
The program document must contain a reference to the specific aspect of
the aging management program element implemented by that procedure, and
that reference must be maintained even if the procedure is modified.
General licensees will need to establish and implement these
written
[[Page 33187]]
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 direct final rule,
whichever is later. The general licensee is required to maintain these
written procedures for as long as the general licensee continues to
operate NAC-UMS Universal Storage 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 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 CoC and the conditions
in the CoC and determined that the conditions in subpart G, Sec.
72.236(a) through (i), have been met and that 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 NAC-UMS Universal Storage System, with the added terms, conditions,
and specifications in the CoC 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 NAC-UMS Universal Storage System
initial certificate 1015 and Amendment Nos. 1 through 9.
Extending the expiration date of the approval for the initial
certificate and Amendment Nos. 1 through 9 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 CoC. General licensees who have loaded these casks, or who load
these casks in the future under the specifications of the applicable
renewed CoC, 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 CoC. 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 CoC will be for at least the term
certified by the cask's CoC. 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
CoC (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 NAC International, Inc., NAC-UMS
Universal Storage System design listing in Sec. 72.214 by renewing,
for 40 more years, the initial certificate and Amendment Nos. 1 through
9 of CoC No. 1015. The renewed CoC includes the changes to the CoC and
technical specifications previously described. The renewed CoC includes
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 CoC, 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
NAC International, Inc., NAC-UMS Universal Storage System design listed
in Sec. 72.214, ``List of approved spent fuel storage casks.'' This
action does not constitute the establishment of a standard that
contains generally applicable requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR
chapter I. Therefore, compatibility is not required for program
elements in this category.
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 change the NAC
International, Inc., NAC-UMS Universal Storage System listing within
the ``List of approved spent fuel storage casks'' to renew, for an
additional 40 years, the initial certificate and Amendment Nos. 1
through 9 of CoC No. 1015.
[[Page 33188]]
B. The Need for the Action
This direct final rule renews the initial certificate and Amendment
Nos. 1 through 9 of CoC No. 1015 for the NAC International, Inc., NAC-
UMS Universal Storage System design within the list of approved spent
fuel storage casks to allow power reactor licensees to store spent fuel
at reactor sites in casks with the approved modifications under a
general license. Specifically, this direct final rule extends the
expiration date for the NAC-UMS Universal Storage System certificate
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 CoC.
The new conditions added to the renewal of the initial CoC and
Amendment Nos. 1 through 9 are:
A condition for submitting an updated final safety
analysis report 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 9 to address the language change in Sec. 72.210
``General license issue'' and other updates to the regulations.
A condition requiring all future amendments and revisions
to the CoC (i.e., the initial certificate 1015 and Amendment Nos. 1
through 9) 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.
The NRC will also 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 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
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
renewal of the initial certificate and Amendment Nos. 1 through 9 of
CoC No. 1015 tiers off of 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 NAC-UMS Universal Storage System is designed to mitigate the
effects of design basis accidents that could occur during storage.
Design basis accidents account for human-induced events and the most
severe natural phenomena reported for the site and surrounding area.
Postulated accidents analyzed for an independent spent fuel storage
installation, 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 CoC 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 9 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 would 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 NAC-UMS Universal
Storage System, when used under the conditions specified in the renewed
CoC, 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 SER.
Based on the previously stated assessments and its preliminary SER
for the requested renewal of the NAC-UMS Universal Storage System CoC,
the NRC has determined that the expiration date of this system in 10
CFR 72.214 can be safely extended for an additional 40 years, and that
commercial nuclear power reactor licensees can continue using the
system during this period under a general license without significant
impacts on the human environment.
D. Alternative to the Action
The alternative to this action is to deny the renewal of the
initial certificate and Amendment Nos. 1 through 9 and not issue the
direct final rule. Consequently, any 10 CFR part 72 general licensee
that seeks to load spent nuclear fuel into the NAC-UMS Universal
Storage System after the expiration date of the CoC or that seeks to
continue storing spent nuclear fuel in the NAC-UMS Universal Storage
System for longer than the term certified by the cask's CoC for the
initial certificate (i.e., more than 20 years) would have to request an
exemption
[[Page 33189]]
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 NAC-UMS Universal Storage 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 NAC-UMS Universal Storage 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 9
to CoC No. 1015 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 NAC
International, Inc., NAC-UMS Universal Storage System listing within
the ``List of approved spent fuel storage casks'' to renew, for an
additional 40 years, the initial certificate and Amendment Nos. 1
through 9 of CoC No. 1015. 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 9. The
NRC determined that the renewed NAC-UMS Universal Storage System
design, when used under the conditions specified in the renewed CoC,
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: NAC International, Inc., NAC-UMS Universal Storage System,
Certificate of Compliance No. 1015, Renewal of Initial Certificate and
Amendment Nos. 1 through 9,'' 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
NAC International, Inc. 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 CoC; and (3) the
conditions of the general license are met. A list of NRC-approved cask
designs is contained in Sec. 72.214. On October 19, 2000 (65 FR
62581), the NRC issued an amendment to 10 CFR part 72 that approved the
NAC-UMS Universal Storage System design by adding it to the list of
NRC-approved cask designs in Sec. 72.214.
On October 13, 2020, NAC International, Inc. submitted a request to
the NRC to renew, for an additional 40 years, the initial certificate
and Amendment Nos. 1 through 7 of CoC No. 1015 for the NAC-UMS
Universal Storage System. NAC International, Inc. supplemented its
request on March 3, 2022; March 18, 2022 (adding Amendment Nos. 8 and 9
to the request); July 28, 2022; and December 21, 2022. Because NAC
International, Inc. filed its renewal application at least 30 days
before the certificate expiration date of November 20, 2020, pursuant
to the timely renewal provisions in Sec. 72.240(b), the initial
issuance of the certificate and Amendment Nos. 1 through 9 of CoC No.
1015 did not expire.
The alternative to this action is to withhold approval of the
renewal of the initial certificate and Amendment Nos. 1 through 9 and
to require any 10 CFR part 72 general licensee seeking to continue the
storage of spent nuclear fuel in NAC-UMS Universal Storage System using
the initial certificate or Amendment Nos. 1 through 9 beyond the
initial 20-year storage term certified by the cask's initial CoC 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 SER and
environmental assessment, this direct final rule will have no adverse
effect on public health and safety or the environment. This direct
final rule has no significant identifiable impact or benefit on other
government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the actions in this direct final rule
do not constitute backfitting because they do not meet the definition
of backfitting
[[Page 33190]]
under Sec. 72.62. That definition states that backfitting means the
addition, elimination, or modification, after the license has been
issued, of the structures, systems, or components of an ISFSI or the
procedures or organization required to operate an ISFSI. Certificate of
compliance holders like NAC International, Inc. are not within the
scope of the backfit rule in Sec. 72.62.
Certificate of Compliance No. 1015 for the NAC International, Inc.,
NAC-UMS Universal Storage 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 9, extending their
approval period by 40 years. With this renewal, the term certified by
the cask's CoC would change from 20 years to 40 years, with the period
of extended operation beginning 20 years after the cask is placed into
service. Because the term for the renewal would be longer than the
initial term certified by the cask's CoC, the general licensee's
authority to use the cask also would be extended to 40 years. Further,
the revision to the CoC through the renewal would require
implementation of aging management programs during the period of
extended operation.
Renewing these certificates does not fall within the definition of
backfitting under Sec. 72.62 during the COC's initial 20-year term.
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 CoC. 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.
General licensees using the existing systems subject to these
renewals are not required to continue using these systems following the
end of the initial 20-year storage period. If general licensees choose
to continue to store spent fuel in the NAC-UMS Universal Storage System
after the initial 20-year period, these general licensees will be
required to implement aging management activities for any cask systems
subject to a renewed CoC. Such continued use is voluntary, so renewing
the CoC with aging management program conditions does not constitute
backfitting under Sec. 72.62 for these general licensees.
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.
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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-2024-0034. 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-2024-0034); (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); 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. 1015 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000, superseded
by Renewed Initial Certificate on July 15, 2024.
[[Page 33194]]
Amendment Number 1 Effective Date: February 20, 2001, superseded by
Renewed Amendment Number 1 on July 15, 2024.
Amendment Number 2 Effective Date: December 31, 2001, superseded by
Renewed Amendment Number 2 on July 15, 2024.
Amendment Number 3 Effective Date: March 31, 2004, superseded by
Renewed Amendment Number 3 on July 15, 2024.
Amendment Number 4 Effective Date: October 11, 2005, superseded by
Renewed Amendment Number 4 on July 15, 2024.
Amendment Number 5 Effective Date: January 12, 2009, superseded by
Renewed Amendment Number 5 on July 15, 2024.
Amendment Number 6 Effective Date: January 7, 2019, superseded by
Renewed Amendment Number 6 on July 15, 2024.
Amendment Number 7 Effective Date: July 29, 2019, superseded by
Renewed Amendment Number 7 on July 15, 2024.
Amendment Number 8 Effective Date: October 19, 2021, as corrected
(ADAMS Accession No. ML21312A499); superseded by Renewed Amendment
Number 8 on July 15, 2024.
Amendment Number 9 Effective Date: August 29, 2022, superseded by
Renewed Amendment Number 9 on July 15, 2024.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS Universal
Storage System.
Docket Number: 72-1015.
Renewed Certificate Expiration Date: November 20, 2060.
Model Number: NAC-UMS.
* * * * *
Dated: April 9, 2024.
For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-08508 Filed 4-26-24; 8:45 am]
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