[Federal Register Volume 90, Number 38 (Thursday, February 27, 2025)]
[Rules and Regulations]
[Pages 10781-10786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03091]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 38 / Thursday, February 27, 2025 /
Rules and Regulations
[[Page 10781]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0200]
RIN 3150-AL23
List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose
Canister (NAC-MPC) System, Certificate of Compliance No. 1025,
Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8
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 Multi-Purpose
Canister (NAC-MPC) System listing within the ``List of approved spent
fuel storage casks'' to include Amendment No. 9 and revise Amendment
Nos. 6, 7, and 8 to Certificate of Compliance (CoC) No. 1025. The
addition of Amendment No. 9 and the revisions to Amendment Nos. 6, 7,
and 8 amend the description of the vertical concrete cask (VCC) in the
CoC and technical specifications to make a distinction between the VCC
body and the VCC lid, in terms of applicability of the American
Concrete Institute (ACI) Specifications ACI 349 and ACI 318.
DATES: This direct final rule is effective May 13, 2025, unless
significant adverse comments are received by March 31, 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direct final rule is withdrawn as a result of such comments, timely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-2024-0200,
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-2024-0200. 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: Kristina Banovac, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-7116, email:
[email protected] or Amy McKenna, Office of Nuclear Material
Safety and Safeguards, 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-2024-0200 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-2024-0200. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3407,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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
8:00 a.m. and 4:00 p.m. (ET), 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-2024-0200 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
[[Page 10782]]
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. 9
and the revision to Amendment Nos. 6, 7, and 8 to CoC No. 1025 and does
not include other aspects of the NAC-MPC System design. The NRC is
using the ``direct final rule procedure'' to issue this amendment
because it represents a limited and routine change to an existing
certificate of compliance that is expected to be non-controversial.
Adequate protection of public health and safety continues to be
reasonably assured. The amendment to the rule will become effective on
May 13, 2025. However, if the NRC receives any significant adverse
comment on this direct final rule by March 31, 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
March 9, 2000 (65 FR 12444), that approved the NAC-MPC system design
and added it to the list of NRC-approved cask designs in Sec. 72.214
as CoC No. 1025.
IV. Discussion of Changes
On September 7, 2023 (ML23250A056), NAC International, Inc.
submitted a request to the NRC to amend CoC No. 1025. NAC
International, Inc. supplemented its request on the following dates:
February 14, 2024 (ML24040A027), May 14, 2024 (ML24135A322), July 10,
2024 (ML24193A110), and August 27, 2024 (ML24240A133). The addition of
Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 revises the
renewed CoC to:
Revise the NAC-MPC system description in the CoC to
distinguish between the VCC body and VCC lid and clearly indicate that
only the VCC body is a reinforced concrete structure.
Revise the CoC appendix A (Appendix A, ``Technical
Specifications'') definitions, by revising the definition of VCC, and
adding a new definition for VCC lid.
Revise the CoC appendix B (Appendix B, ``Approved Contents
and Design Features''), Section 3.3, ``Codes and Standards'' to
indicate that the ACI 349 and ACI 318 govern the design and
construction only of the VCC body. New text is added to provide the
fabrication requirements for the concrete in the VCC lid to include:
--the minimum concrete density,
--the allowable methods for measuring the density of the concrete in
the VCC lid, and
--requirements for the concrete mix, placement, and curing methods used
in the construction of the concrete in the VCC lid.
Correct conflicting information in the final safety
analysis report design bases regarding the minimum concrete density in
the VCC lid, to indicate a minimum concrete density of 140 pounds per
cubic foot (pcf) and revise the shielding analysis and calculation to
reflect the 140 pcf concrete density.
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 addition
of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 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-MPC system design,
when used under the conditions specified in the 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. When this direct final
rule becomes
[[Page 10783]]
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-MPC system that meet the criteria in the addition
of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 to CoC
No. 1025.
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-MPC system design listed in Sec. 72.214, ``List of approved spent
fuel storage casks.'' This action does not constitute the establishment
of a standard that contains generally applicable requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR
chapter I. Therefore, compatibility is not required for program
elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact
based on this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC-MPC system
listing within the ``List of approved spent fuel storage casks'' to add
Amendment No. 9 and revise Amendment Nos. 6, 7, and 8 to Certificate of
Compliance No. 1025.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC-MPC 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, addition of Amendment No. 9 and revision of Amendment
Nos. 6, 7, and 8 revises the CoC to:
Revise the NAC-MPC system description in the CoC to
distinguish between the VCC body and VCC lid and clearly indicate that
only the VCC body is a reinforced concrete structure.
Revise the CoC appendix A (Appendix A, ``Technical
Specifications'') definitions, by revising the definition of VCC, and
adding a new definition for VCC lid.
Revise the CoC appendix B (Appendix B, ``Approved Contents
and Design Features''), Section 3.3, ``Codes and Standards'' to
indicate that the ACI 349 and ACI 318 govern the design and
construction only of the VCC body. New text is added to provide the
fabrication requirements for the concrete in the VCC lid to include:
--the minimum concrete density,
--the allowable methods for measuring the density of the concrete in
the VCC lid, and
--requirements for the concrete mix, placement, and curing methods used
in the construction of the concrete in the VCC lid.
Correct conflicting information in the final safety
analysis report design bases regarding the minimum concrete density in
the VCC lid, to indicate a minimum concrete density of 140 pounds per
cubic foot (pcf) and revise the shielding analysis and calculation to
reflect the 140 pcf concrete density.
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 addition of Amendment No. 9 and
revision of Amendment Nos. 6, 7, and 8 tiers from 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-MPC 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 the addition of Amendment No. 9 and
revision of Amendment Nos. 6, 7, and 8 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 the addition
of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 and not
issue the direct final rule. Consequently, any 10 CFR part 72 general
licensee that seeks to load spent nuclear fuel into
[[Page 10784]]
NAC-MPC system design in accordance with the changes described in
proposed addition of Amendment No. 9 and revision of Amendment Nos. 6,
7, and 8 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 the addition of Amendment No. 9 and revision of
Amendment Nos. 6, 7, and 8 to CoC No. 1025 would result in no
irreversible and 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, ``NAC Multi-
Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025,
Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8,'' 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 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 March 9, 2000 (65 FR 12444),
the NRC issued an amendment to 10 CFR part 72 that approved the NAC-MPC
system by adding it to the list of NRC-approved cask designs in Sec.
72.214.
On September 7, 2023 (ML23250A056), and as supplemented on February
14, 2024 (ML24040A027), May 14, 2024 (ML24135A322), July 10, 2024
(ML24193A110), and August 27, 2024 (ML24240A133), NAC International,
Inc. submitted a request to amend the NAC-MPC system as described in
Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of the
addition of Amendment No. 9, and revision of Amendment Nos. 6, 7, and 8
and to require any 10 CFR part 72 general licensee seeking to load
spent nuclear fuel into the NAC-MPC system, CoC No. 1025, under the
changes described in the addition of Amendment No. 9, and revision of
Amendment Nos. 6, 7, and 8, to request an exemption from the
requirements of Sec. Sec. 72.212 and 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
General licensees using the specific CoC amendments that are being
revised are required to meet the conditions of the revised CoC. The NRC
added a condition to the revised CoC that requires the general
licensees to implement the revised CoC within six months and perform
written evaluations in accordance with 10 CFR 72.212(b)(5), which
establish that the cask will conform to the terms, conditions, and
specifications of the revised CoC. The six-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.'' Additionally, the implementation timeframe
was recognized by the applicant and the general licensees using these
amendments (ML23250A056 and ML24193A110).
For the following reasons, 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 Amendment Nos. 6, 7,
and 8 for renewed CoC No. 1025 for the NAC-MPC System, as currently
listed in 10 CFR 72.214, ``List of approved spent fuel storage casks.''
Revision 1 to Amendment Nos. 6, 7, and 8 to renewed CoC No. 1025
revises the NAC-MPC system description to distinguish between the VCC
body and VCC lid, revise the definition of VCC and add a new definition
for VCC lid, and add new fabrication requirements for the concrete in
the VCC lid.
NAC International, Inc. has manufactured casks under existing CoC
No. 1025, Amendment Nos. 6, 7, or 8, that are being revised by this
final rule. As the vendor, NAC International, Inc. is not within the
scope of the backfitting provisions in 10 CFR 72.62.
[[Page 10785]]
Under 10 CFR 72.62, general licensees are entities that are within
the scope of the backfitting regulations. However, according to NAC
International, Inc. (ML24193A110), no general licensees are currently
storing NAC-MPC systems under CoC No. 1025, Amendment No. 6, which is,
in part, the subject of these revisions. Therefore, because CoC No.
1025, Amendment No. 6 is not in use by a licensee, the changes in the
revision to CoC No. 1025, Amendment No. 6, which are approved in this
direct final rule do not fall within the definition of backfitting
under 10 CFR 72.62.
Dairyland Power Cooperative at its La Crosse Boiling Water Reactor
independent spent fuel storage installation (ISFSI) is the only general
licensee using Amendment No. 7 that could be affected by the issuance
of Revision 1 to Amendment No. 7. In its letters to NAC (ML23250A056
and ML24193A110), Dairyland Power Cooperative stated that it intends to
implement the revision to Amendment No. 7, as soon as practical after
it is issued, and noted that all previously fabricated systems on site
will be recertified to the adopted amendment revision. Because the
licensee voluntarily intends to implement the revision, the issuance of
Revision 1 to Amendment No. 7 does not fall within the definition of
backfitting under 10 CFR 72.62.
Connecticut Yankee Atomic Power Company at its Haddam Neck Plant
ISFSI and Yankee Atomic Electric Company at its Yankee Nuclear Power
Station ISFSI are the two general licensees using Amendment No. 8 that
could be affected by the issuance of Revision 1 to Amendment No. 8. In
its letter to NAC (ML23250A056), Connecticut Yankee Atomic Power
Company stated that it intends to adopt Revision 1 to Amendment No. 8
following NRC approval and issuance. Yankee Atomic Electric Company
also stated in its letter (ML23250A056) that it intends to adopt
Revision 1 to Amendment No. 8 following NRC approval and issuance. The
licensees noted that the proposed changes do not directly impact the
Haddam Neck Plant ISFSI and Yankee Nuclear Power Station ISFSI, because
the sites utilize solid carbon steel lids for the VCCs they store.
Because both licensees voluntarily intend to implement the revision,
issuance of Revision 1 to Amendment No. 8 does not fall within the
definition of backfitting under 10 CFR 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.
------------------------------------------------------------------------
ADAMS accession No./web link/
Document Federal Register citation
------------------------------------------------------------------------
NAC-MPC System, Certificate of Compliance No. 1025, Amendment No. 9 and
Revision to Amendment Nos. 6, 7, and 8
Request Documents
------------------------------------------------------------------------
Submission of an Amendment Request ML23250A056
for the NAC International MPC Cask
System Amendment No. 9.
NAC International, Supplement to the ML24040A027
Submission of an Amendment Request
for the NAC International MPC
Amendment No. 9 (Package).
Submission of Responses to the NRC's ML24135A322
Request for Additional Information
(RAI) to the Amendment Request for
the NAC International MPC (Package).
Supplement to Application for NAC-MPC ML24193A110
Certificate of Compliance No. 1025,
Amendment No. 9 and Revisions to
Amendment Nos. 6, 7, and 8 (Package).
8-27-2024 Email--Supplement to ML24240A133
Application for NAC-MPC, Certificate
of Compliance No. 1025, Amendment
No. 9 and Revisions to Amendment
Nos. 6, 7, and 8.
------------------------------------------------------------------------
Proposed Certificate of Compliance and Technical Specifications
Documents
------------------------------------------------------------------------
User Need Memo for Amendment No. 9, ML24242A047
and Revision to Amendment Nos. 6, 7,
and 8, of the Renewed Certificate of
Compliance No. 1025 for the NAC
Multi-Purpose Canister System.
Proposed Renewed CoC No. 1025, Amd. ML24242A048
6, Rev. 1.
Proposed Renewed CoC No. 1025, Amd. ML24242A049
6, Rev. 1, Appendix A and Appendix B.
Proposed Renewed CoC No. 1025, Amd. ML24242A050
7, Rev. 1.
Proposed Renewed CoC No. 1025, Amd. ML24242A051
7, Rev. 1, Appendix A and Appendix B.
Proposed Renewed CoC No. 1025, Amd. ML24242A052
8, Rev. 1.
Proposed Renewed CoC No. 1025, Amd. ML24242A053
8, Rev. 1, Appendix A and Appendix B.
Proposed Renewed CoC No. 1025, Amd. 9 ML24242A054
Proposed Renewed CoC No. 1025, Amd. ML24242A055
9, Appendix A and Appendix B.
------------------------------------------------------------------------
Preliminary Safety Evaluation Report
------------------------------------------------------------------------
Preliminary Safety Evaluation Report ML24242A056
for CoC No. 1025, Amd. 9 and
Revisions to Amds. 6, 7, and 8.
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
Final Rule, ``Storage of Spent Fuel 55 FR 29181
in NRC-Approved Storage Casks at
Power Reactor Sites,'' published
July 18, 1990.
Presidential Memorandum, ``Plain 63 FR 31885
Language in Government Writing,''
published June 10, 1998.
Revision to Policy Statement, 82 FR 48535
``Agreement State Program Policy
Statement; Correction,'' published
October 18, 2017.
Final Rule, ``List of Approved Spent 65 FR 12444
Fuel Storage Casks: NAC-MPC
Addition,'' published March 9, 2000.
------------------------------------------------------------------------
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-2024-0200. 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-2024-0200); (2) click
the ``Subscribe''
[[Page 10786]]
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. 1025 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1025.
Initial Certificate Effective Date: April 10, 2000, superseded by
Renewed Initial Certificate Effective Date: October 17, 2023.
Amendment Number 1 Effective Date: November 13, 2001, superseded by
Renewed Amendment Number 1 Effective Date: October 17, 2023.
Amendment Number 2 Effective Date: May 29, 2002, superseded by
Renewed Amendment Number 2 Effective Date: October 17, 2023.
Amendment Number 3 Effective Date: October 1, 2003, superseded by
Renewed Amendment Number 3 Effective Date: October 17, 2023.
Amendment Number 4 Effective Date: October 27, 2004, superseded by
Renewed Amendment Number 4 Effective Date: October 17, 2023.
Amendment Number 5 Effective Date: July 24, 2007, superseded by
Renewed Amendment Number 5 Effective Date: October 17, 2023.
Amendment Number 6 Effective Date: October 4, 2010, superseded by
Renewed Amendment Number 6 Effective Date: October 17, 2023, superseded
by Renewed Amendment Number 6, Revision 1 Effective Date May 13, 2025.
Amendment Number 7 Effective Date: March 4, 2019, superseded by
Renewed Amendment Number 7 Effective Date: October 17, 2023, superseded
by Renewed Amendment Number 7, Revision 1 Effective Date May 13, 2025.
Amendment Number 8 Effective Date: March 4, 2019, superseded by
Renewed Amendment Number 8 Effective Date: October 17, 2023, superseded
by Renewed Amendment Number 8, Revision 1 Effective Date May 13, 2025.
Renewed Amendment Number 9 Effective Date: May 13, 2025.
Safety Analysis Report (SAR) Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose
Canister System (NAC-MPC System).
Docket Number: 72-1025.
Certificate Expiration Date: May 31, 2020.
Renewed Certificate Expiration Date: April 10, 2060.
Model Number: NAC-MPC System.
* * * * *
For the Nuclear Regulatory Commission.
Dated: February 12, 2025.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-03091 Filed 2-26-25; 8:45 am]
BILLING CODE 7590-01-P