[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Proposed Rules]
[Pages 268-271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31096]
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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: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel 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
[[Page 269]]
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: Submit comments by February 3, 2025. 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.
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 proposed 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. Plain Writing
V. 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 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
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on March 19,
2025. However, if the NRC receives any significant adverse comment by
February 3, 2025, then the NRC will publish a document that withdraws
the direct final rule. If the direct final rule is withdrawn, the NRC
will address the comments in a subsequent final rule. In general,
absent significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action in the event the direct final rule is withdrawn.
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.
For a more detailed discussion of the proposed rule changes and
associated analyses, see the direct final rule published in the Rules
and Regulations section of this issue of the Federal Register.
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
[[Page 270]]
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. 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). The NRC requests comment on the proposed rule with respect to
clarity and effectiveness of the language used.
V. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
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ADAMS accession
No./web link/
Document Federal Register
Citation
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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.........................
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........................
[[Page 271]]
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......................
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NAC International, Inc. MAGNASTOR[supreg] Storage System Amendment No.
14 and Revisions to Amendment Nos. 0 through 13 Request Documents
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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................................
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Other Documents
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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''.....................................
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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-2024-0180. 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.
Dated: December 20, 2024.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2024-31096 Filed 1-2-25; 8:45 am]
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