[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 204-210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31095]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0180]
RIN 3150-AL21
List of Approved Spent Fuel Storage Casks: NAC International,
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment No. 14 and Revisions to Amendment Nos. 0 Through 13
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.
MAGNASTOR[supreg] Storage System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 14 and revisions to
Amendment Nos. 0 through 13 to Certificate of Compliance No. 1031.
Amendment No. 14 and revisions to Amendment Nos. 0 through 13 revise
the certificate of compliance to add a revised method of evaluation for
the non-mechanistic tipover accident, clarify in the technical
specifications that damaged missing grid spacers only apply to
pressurized-water reactor fuel assembles, clarify inlet and outlet vent
blockage and surveillance requirements in limiting condition for
operation 3.1.2 in Appendix A to the certificate of compliance and
associated technical specification bases, and remove the reference to
Type II Portland cement in the description of the certificate of
compliance. The NRC is also correcting typographical errors in Revision
1 to Amendment Nos. 11 to 13 and Amendment No. 14 to Certificate of
Compliance No. 1031.
DATES: This direct final rule is effective March 19, 2025, unless
significant adverse comments are received by February 3, 2025. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2024-0180,
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-2024-0180. 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: Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1951, email:
[email protected], and Nishka Devaser, telephone: 301-415-5196, 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-2024-0180 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-2024-0180. 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-2024-0180 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
[[Page 205]]
submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This rule is limited to the changes contained in Amendment No. 14
and revisions to Amendment Nos. 0 through 13 to Certificate of
Compliance No. 1031 and does not include other aspects of the NAC
International, Inc. MAGNASTOR[supreg] Storage System design. The NRC is
using the ``direct final rule procedure'' for this rule because it
represents a limited and routine change to an existing certificate of
compliance that is expected to be non-controversial. Adequate
protection of public health and safety continues to be reasonably
assured. The amendment to the rule will become effective on March 19,
2025. However, if the NRC receives any significant adverse comment on
this direct final rule by February 3, 2025, then the NRC will publish a
document that withdraws this action and will subsequently address the
comments received in a final rule as a response to the companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register or as otherwise appropriate. In general, absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule, certificate of compliance, or technical
specifications.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
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
November 21, 2008 (73 FR 70587), that approved the NAC International,
Inc. MAGNASTOR[supreg] Storage System design and added it to the list
of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance No. 1031.
IV. Discussion of Changes
On July 24, 2023, NAC International, Inc. submitted a request to
the NRC to amend Certificate of Compliance No. 1031. NAC International,
Inc. supplemented its request on June 26, 2024, October 18, 2023, and
August 6, 2024. Amendment No. 14 and revisions to Amendment Nos. 0
through 13 revise the certificate of compliance to add a revised method
of evaluation for the non-mechanistic tipover accident, clarify in the
technical specifications that damaged missing grid spacers only apply
to pressurized-water reactor fuel assembles, clarify inlet and outlet
vent blockage and surveillance requirements in limiting condition for
operation 3.1.2 in Appendix A to the certificate of compliance and
associated technical specification bases, and remove the reference to
Type II Portland cement in the description of the certificate of
compliance. The NRC is also correcting several typographical errors in:
(1) tables B2-10c and B2-10d in Revision 1 to Amendment Nos. 11 through
13 and (2) the section numbering in Appendix B to Amendment No. 14 and
Revision 1 to Amendment No. 13. The changes to the aforementioned
documents are identified with revisions bars in the margin of each
document.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the cask would
continue to maintain confinement, shielding, and criticality control in
the event of each evaluated accident condition. In addition, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 14 and revisions to Amendment Nos. 0
through 13 would remain well within the limits specified by 10 CFR part
20, ``Standards for Protection Against Radiation.'' Thus, the NRC found
there will be no significant change in the types or amounts of any
effluent released, no significant increase in the individual or
cumulative radiation exposure, and no significant increase in the
potential for or consequences from radiological accidents.
The NRC staff determined that the amended NAC International, Inc.
MAGNASTOR[supreg] Storage System cask design, when used under the
conditions specified in the certificate of compliance, the technical
specifications, and the NRC's regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate protection of public health and
safety will continue to be reasonably assured. When this direct final
rule becomes effective, persons who hold a general license under Sec.
72.210 may, consistent with the license conditions under Sec. 72.212,
load spent nuclear fuel into NAC International, Inc. MAGNASTOR[supreg]
Storage System casks that meet the criteria of the revised Amendment
Nos. 0 through 13 and new Amendment No.
[[Page 206]]
14 to Certificate of Compliance No. 1031.
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. MAGNASTOR[supreg] Storage Cask System design
listed in Sec. 72.214, ``List of approved spent fuel storage casks.''
This action does not constitute the establishment of a standard that
contains generally applicable requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC-Areas of Exclusive NRC Regulatory Authority.
The NRC program elements in this category are those that relate
directly to areas of regulation reserved to the NRC by the Atomic
Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I.
Therefore, compatibility is not required for program elements in this
category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC
International, Inc. MAGNASTOR[supreg] Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
14 and to include revisions to Amendment Nos. 0 through 13 to
Certificate of Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC International, Inc. MAGNASTOR[supreg] 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, Amendment
No. 14 and revisions to Amendment Nos. 0 through 13 revise the
certificate of compliance to add a revised method of evaluation for the
non-mechanistic tipover accident, clarify in the technical
specifications that damaged missing grid spacers only apply to
pressurized-water reactor fuel assembles, clarify inlet and outlet vent
blockage and surveillance requirements in limiting condition for
operation 3.1.2 in Appendix A to the certificate of compliance and
associated technical specification bases, and remove the reference to
Type II Portland cement in the description of the certificate of
compliance.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 14 and revisions to
Amendment Nos. 0 through 13 tiers off of the environmental assessment
for the July 18, 1990, final rule. Tiering on past environmental
assessments is a standard process under the National Environmental
Policy Act of 1969, as amended.
The NAC International, Inc. MAGNASTOR[supreg] 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.
This amendment 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 implementation of Amendment No. 14 and revisions to
Amendment Nos. 0 through 13 would remain well within the 10 CFR part 20
limits. The NRC has also determined that the design of the cask as
modified by this rule would maintain confinement, shielding, and
criticality control in the event of an accident. Therefore, the
proposed changes will not result in any radiological or non-
radiological environmental impacts that significantly differ from the
environmental impacts evaluated in the environmental assessment
supporting the July 18, 1990, 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
documented its safety findings in the preliminary safety evaluation
report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
14 and revisions to Amendment Nos. 0 through 13 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 International, Inc.
MAGNASTOR[supreg] Storage System in accordance with the changes
described in proposed Amendment No. 14 and revisions to Amendment Nos.
0 through 13 would have to request an exemption from the requirements
of Sec. Sec. 72.212 and 72.214. Under this alternative, interested
licensees 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. The environmental
impacts would be the same as the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 14 and revisions to Amendment Nos. 0
through 13 to Certificate of Compliance No. 1031 would result in no
irreversible and
[[Page 207]]
irretrievable commitments of Federal 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
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.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule, ``List of
Approved Spent Fuel Storage Casks: NAC International, Inc.
MAGNASTOR[supreg] Storage System Certificate of Compliance No. 1031,
Amendment No. 14 and Revisions to Amendment Nos. 0 through 13,'' will
not have a significant effect on 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 certificate of
compliance; and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On
November 21, 2008 (73 FR 70587), the NRC issued an amendment to 10 CFR
part 72 that approved the NAC International, Inc. MAGNASTOR[supreg]
Storage System design by adding it to the list of NRC-approved cask
designs in Sec. 72.214.
On July 24, 2023, and as supplemented on June 26, 2024, October 18,
2023, and August 6, 2024, NAC International, Inc. submitted a request
to amend Certificate of Compliance No. 1031 as described in Section IV,
``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 14 and revisions to Amendment Nos. 0 through 13 and to require any
10 CFR part 72 general licensee seeking to load spent nuclear fuel into
the NAC International, Inc. MAGNASTOR[supreg] Storage System under the
changes described in Amendment No. 14 and revisions to Amendment Nos. 0
through 13 to request an exemption from the requirements of Sec.
72.212 and Sec. 72.214. Under this alternative, each interested 10 CFR
part 72 licensee would have to prepare, and the NRC would have to
review, a separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, this direct final rule will have
no adverse effect on public health and safety or the environment. This
direct final rule has no significant identifiable impact or benefit on
other government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the regulations in 10 CFR 72.62,
``Backfitting,'' do not apply to this direct final rule. This direct
final rule revises Certificate of Compliance No. 1031 for the NAC
International, Inc. MAGNASTOR[supreg] Storage System, as currently
listed in Sec. 72.214. The revision consists of the changes in
Amendment No. 14 and revisions to Amendment Nos. 0 through 13
previously described, as set forth in the revised certificate of
compliance and technical specifications.
Amendment No. 14 to Certificate of Compliance No. 1031 for the NAC
International, Inc. MAGNASTOR[supreg] Storage System was initiated by
NAC International, Inc. and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 14 applies
only to new casks fabricated and used under Amendment No. 14. These
changes do not affect existing users of the NAC International, Inc.
MAGNASTOR[supreg] Storage System, and the current Amendment No. 13
continues to be effective for existing users. While current users of
this storage system may comply with the new requirements in Amendment
No. 14, this would be a voluntary decision on the part of current
users. For these reasons, Amendment No. 14 to Certificate of Compliance
No. 1031 does not constitute backfitting under Sec. 72.62 or Sec.
50.109(a)(1), or otherwise represent an inconsistency with the issue
finality provisions applicable to combined licenses in 10 CFR part 52.
The general licensees using Amendment Nos. 0 through 13 that are
being revised are required to meet the conditions of the revised
certificates of compliance. The NRC added a condition to the revised
certificates of compliance that require the general licensee to
implement the revised certificates of compliance within 6 months and
perform written evaluations in accordance with Sec. 72.212(b)(5),
which establish that the cask will conform to the terms, conditions,
and specifications of the revised certificates of compliance. The 6-
month timeframe in the condition is considered a standard timeframe for
implementation, consistent with the information in Regulatory Issue
Summary 2017-05, ``Administration of 10 CFR part 72 Certificate of
Compliance Corrections and Revisions.''
NAC International, Inc. has manufactured casks under the existing
Certificate of Compliance No. 1031, Amendment Nos. 0 through 13, that
are being revised by this final rule. As the
[[Page 208]]
vendor, NAC International, Inc. is not within the scope of the
backfitting provisions in Sec. 72.62. Under Sec. 72.62, general
licensees are entities that are within the scope of the backfitting
regulations. However, according to NAC International, Inc., no general
licensees have purchased the MAGNASTOR[supreg] Storage System under
Certificate of Compliance No. 1031, Amendment Nos. 0 through 5,
Amendment No. 8, and Amendment Nos. 10 through 12. In addition, by
letter dated October 18, 2023, NAC International, Inc. provided letters
from all its users for the MAGNASTOR[supreg] Storage System. None of
the users in the letters are using Amendment Nos. 0 through 5,
Amendment No. 8, and Amendment Nos. 10 through 12. Therefore, because
Certificate of Compliance No. 1031, Amendment Nos. 0 through 5,
Amendment No. 8, and Amendment Nos. 10 through 12 are not in use by a
licensee and no licensee has contracted with NAC International, Inc. to
utilize storage casks for these amendments, the changes in the revision
to Certificate of Compliance No. 1031, Amendment Nos. 0 through 5,
Amendment No. 8, and Amendment Nos. 10 through 12, which are approved
in this direct final rule, do not fall within the definition of
backfitting under Sec. 72.62.
Dominion Energy Kewaunee at the Kewaunee independent spent fuel
storage installation and ZionSolutions at its independent spent fuel
storage installation are the two general licensees using revision 1 to
Amendment No. 6 that could be affected by the issuance of revision 2 to
Amendment No. 6. In a letter to NAC International, Inc., Dominion
Energy Kewaunee stated that it would voluntarily adopt revision 2 to
Amendment No. 6. Zion Solutions also stated in a letter that it intends
to implement the revised certificate after its issuance. Because both
licensees voluntarily intend to implement the revision, the issuance of
revision 2 to Amendment No. 6 does not fall within the definition of
backfitting under Sec. 72.62.
Arizona Public Service Company at the Palo Verde independent spent
fuel storage installation and Duke Energy at the Catawba and McGuire
independent spent fuel storage installations are the general licensees
using revision 1 to Amendment No. 7 that could be affected by the
issuance of revision 2 to Amendment No. 7. In their letters to NAC
International, Inc., Arizona Public Service Company and Duke Energy
stated that they intend to implement revision 2 to Amendment No. 7.
Therefore, because the licensees voluntarily intend to implement the
revision, issuance of revision 2 to Amendment No. 7 does not fall
within the definition of backfitting under Sec. 72.62.
Constellation Energy Generation at its Three Mile Island Unit 1
independent spent fuel storage installation is the only general
licensee using revision 1 to Amendment No. 9 that could be affected by
the issuance of revision 2 to Amendment No. 9. In its letter to NAC
International, Inc., Constellation Energy Generation stated that it
intends to implement revision 2 to Amendment No. 9 in a timely manner
after NRC approval of the revision has been received. Therefore,
because the licensee voluntarily intends to implement the revision,
issuance of revision 2 to Amendment No. 9 does not fall within the
definition of backfitting under Sec. 72.62.
Three Mile Island Nuclear Station, Unit 2 Solutions contracted with
NAC International, Inc. to utilize storage casks using Amendment No. 13
and could be affected by the issuance of revision 1 to Amendment No.
13. In its letter to NAC International, Inc., Three Mile Island Nuclear
Station, Unit 2 Solutions stated that it intends to implement the
revised certificate for Amendment No. 13 for MAGNASTOR[supreg] Storage
System at the Three Mile Island Nuclear Station, Unit 2, independent
spent fuel storage installation after NRC approval of the revision.
Therefore, because Three Mile Island Nuclear Station, Unit 2 Solutions
voluntarily intends to implement the revision, issuance of revision 1
to Amendment No. 13 does not fall within the definition of backfitting
under Sec. 72.62.
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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ADAMS Accession
No./ weblink/
Document Federal Register
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Proposed Certificate of Compliance and Proposed Technical Specifications
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Proposed Certificate of Compliance No. 1031, ML24211A240
Amendment No. 14....................................
Proposed Certificate of Compliance No. 1031, ML24211A241
Amendment No. 14, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A242
Amendment No. 14, Appendix B: Approved Contents.....
Proposed Certificate of Compliance No. 1031, ML24211A244
Amendment No. 0, Revision 3.........................
Proposed Certificate of Compliance No. 1031, ML24211A245
Amendment No. 0, Revision 3, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A246
Amendment No. 0, Revision 3, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A247
Amendment No. 1, Revision 3.........................
Proposed Certificate of Compliance No. 1031, ML24211A248
Amendment No. 1, Revision 3, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A249
Amendment No. 1, Revision 3, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A250
Amendment No. 2, Revision 3.........................
Proposed Certificate of Compliance No. 1031, ML24211A251
Amendment No. 2, Revision 3, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A252
Amendment No. 2, Revision 3, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A253
Amendment No. 3, Revision 3.........................
Proposed Certificate of Compliance No. 1031, ML24211A254
Amendment No. 3, Revision 3, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A255
Amendment No. 3, Revision 3, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A256
Amendment No. 4, Revision 2.........................
[[Page 209]]
Proposed Certificate of Compliance No. 1031, ML24211A257
Amendment No. 4, Revision 2, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A258
Amendment No. 4, Revision 2, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A259
Amendment No. 5, Revision 2.........................
Proposed Certificate of Compliance No. 1031, ML24211A260
Amendment No. 5, Revision 2, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A261
Amendment No. 5, Revision 2, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A262
Amendment No. 6, Revision 2.........................
Proposed Certificate of Compliance No. 1031, ML24211A263
Amendment No. 6, Revision 2, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A264
Amendment No. 6, Revision 2, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A265
Amendment No. 7, Revision 2.........................
Proposed Certificate of Compliance No. 1031, ML24211A266
Amendment No. 7, Revision 2, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A267
Amendment No. 7, Revision 2, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A268
Amendment No. 8, Revision 2.........................
Proposed Certificate of Compliance No. 1031, ML24211A269
Amendment No. 8, Revision 2, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A270
Amendment No. 8, Revision 2, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A271
Amendment No. 9, Revision 2.........................
Proposed Certificate of Compliance No. 1031, ML24211A272
Amendment No. 9, Revision 2, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A273
Amendment No. 9, Revision 2, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A274
Amendment No. 10, Revision 1........................
Proposed Certificate of Compliance No. 1031, ML24211A275
Amendment No. 10, Revision 1, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A276
Amendment No. 10, Revision 1, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A277
Amendment No. 11, Revision 1........................
Proposed Certificate of Compliance No. 1031, ML24211A278
Amendment No. 11, Revision 1, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A279
Amendment No. 11, Revision 1, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A280
Amendment No. 12, Revision 1........................
Proposed Certificate of Compliance No. 1031, ML24211A281
Amendment No. 12, Revision 1, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A282
Amendment No. 12, Revision 1, Appendix B: Approved
Contents............................................
Proposed Certificate of Compliance No. 1031, ML24211A283
Amendment No. 13, Revision 1........................
Proposed Certificate of Compliance No. 1031, ML24211A284
Amendment No. 13, Revision 1, Appendix A: Technical
Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031, ML24211A285
Amendment No. 13, Revision 1, Appendix B: Approved
Contents............................................
Preliminary Safety Evaluation Report, Certificate of ML24211A243
Compliance No. 1031, Amendment No. 14 and Revision
to Amendment Nos. 0 through 13......................
------------------------------------------------------------------------
NAC International, Inc. MAGNASTOR[supreg] Storage System Amendment No.
14 and Revisions to Amendment Nos. 0 through 13 Request Documents
------------------------------------------------------------------------
NAC International, Inc., Submission of an Amendment ML23205A238
Request for the MAGNASTOR[supreg] Cask System,
Amendment No. 14, dated July 24, 2023...............
NAC International, Inc., Submission of Data Files to ML23208A062
Support the NRC Review of MAGNASTOR[supreg]
Amendment No. 14, dated July 24, 2023...............
NAC International, Inc., Submission of Responses to ML24179A071
the NRC Request for Additional Information for (package)
MAGNASTOR[supreg] Cask System, Amendment No. 14,
dated June 26, 2024.................................
NAC International, Inc., Supplement to the Amendment ML23291A167
Request No. 14 for the MAGNASTOR[supreg] Cask
System, dated October 18, 2023......................
NAC International, Inc., Supplement to the Amendment ML24219A227
Request No. 14 for the MAGNASTOR[supreg] Cask
System, dated August 6, 2024........................
NAC International, Inc., MAGNASTOR[supreg] Cask ML22216A110
System Users Certificate of Compliance No. 1031
Amendment Nos. 0 through 9 Intent to Adopt Letters,
dated August 4, 2022................................
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
Rulemaking Memorandum for Amendment No. 14 and ML24211A239
Revision to Amendment Nos. 0 through 13 for the
MAGNASTOR[supreg] Storage System, dated September
20, 2024............................................
Final Rule, ``Storage of Spent Fuel in NRC-Approved 55 FR 29181
Storage Casks at Power Reactor Sites,'' published
July 18, 1990.......................................
Final Rule, ``List of Approved Spent Fuel Storage 73 FR 70587
Casks: MAGNASTOR Addition,'' published November 21,
2008................................................
Revision to Policy Statement, ``Agreement State 82 FR 48535
Program Policy Statement; Correction,'' published
October 18, 2017....................................
Presidential Memorandum, ``Plain Language in 63 FR 31885
Government Writing,'' published June 10, 1998.......
Regulatory Issue Summary 2017-05, ``Administration of ML17165A183
10 CFR Part 72 Certificate of Compliance Corrections
and Revisions''.....................................
------------------------------------------------------------------------
[[Page 210]]
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-2024-0180. 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-2024-0180); (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. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009, superseded by
Initial Certificate, Revision 1, on February 1, 2016, superseded by
Initial Certificate, Revision 2, on October 16, 2023, superseded by
Initial Certificate, Revision 3, on March 19, 2025.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016, superseded by
Amendment Number 1, Revision 2, on October 16, 2023, superseded by
Amendment Number 1, Revision 3, on March 19, 2025.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016, superseded by
Amendment Number 2, Revision 2, on October 16, 2023, superseded by
Amendment Number 2, Revision 3, on March 19, 2025.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on February 1, 2016, superseded by
Amendment Number 3, Revision 2, on October 16, 2023, superseded by
Amendment Number 3, Revision 3, on March 19, 2025.
Amendment Number 4 Effective Date: April 14, 2015, superseded by
Amendment Number 4, Revision 1, on October 16, 2023, superseded by
Amendment Number 4, Revision 2, on March 19, 2025.
Amendment Number 5 Effective Date: June 29, 2015, superseded by
Amendment Number 5, Revision 1, on October 16, 2023, superseded by
Amendment Number 5, Revision 2, on March 19, 2025.
Amendment Number 6 Effective Date: December 21, 2016, superseded by
Amendment Number 6, Revision 1, on October 16, 2023, superseded by
Amendment Number 6, Revision 2, on March 19, 2025.
Amendment Number 7 Effective Date: August 21, 2017, as corrected
(ADAMS Accession No. ML19045A346), superseded by Amendment Number 7,
Revision 1, on October 16, 2023, superseded by Amendment Number 7,
Revision 2, on March 19, 2025.
Amendment Number 8 Effective Date: March 24, 2020, superseded by
Amendment Number 8, Revision 1, on October 16, 2023, superseded by
Amendment Number 8, Revision 2, on March 19, 2025.
Amendment Number 9 Effective Date: December 7, 2020, superseded by
Amendment Number 9, Revision 1, on October 16, 2023, superseded by
Amendment Number 9, Revision 2, on March 19, 2025.
Amendment Number 10 Effective Date: January 18, 2023, superseded by
Amendment Number 10, Revision 1, on March 19, 2025.
Amendment Number 11 Effective Date: October 16, 2023, superseded by
Amendment Number 11, Revision 1, on March 19, 2025.
Amendment Number 12 Effective Date: October 16, 2023, superseded by
Amendment Number 12, Revision 1, on March 19, 2025.
Amendment Number 13 Effective Date: November 19, 2024, superseded
by Amendment Number 13, Revision 1, on March 19, 2025.
Amendment Number 14 Effective Date: March 19, 2025.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.
Model Number: MAGNASTOR[supreg].
* * * * *
Dated: December 20, 2024.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2024-31095 Filed 1-2-25; 8:45 am]
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