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direct final rule is withdrawn as a result of such comments, timely 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