[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Proposed Rules]
[Pages 11906-11908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04010]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 /
Proposed Rules
[[Page 11906]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0215]
RIN 3150-AL24
List of Approved Spent Fuel Storage Casks: HI-STORM 100,
Certificate of Compliance No. 1014, Renewed Amendment No. 19
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 storage regulations by revising the Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Renewed Amendment No. 19
to Certificate of Compliance No. 1014. Renewed Amendment No. 19 revises
the certificate of compliance to update the acceptance criteria and
method of evaluation (MOE) for the HI-STORM 100 system tipover accident
for equipment combinations involving multi-purpose canisters (MPCs)
with Metamic-HT baskets. This involves applying a new stress-based
criteria and completing new evaluations consistent with the new tipover
acceptance criteria and MOE and involves some adjustments of the
existing deflection criteria.
DATES: Submit comments by April 14, 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-2024-0215,
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-2024-0215. 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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1018; email: [email protected] or Caylee Kenny, Office of Nuclear Material Safety and
Safeguards, telephone: 301-415-7150; 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-2024-0215 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-2024-0215. 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-2024-0215 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This proposed rule is limited to the changes contained in Renewed
Amendment No. 19 to Certificate of Compliance No. 1014 and does not
include other aspects of the HI-STORM 100 Cask System design. 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 May 27, 2025.
However, if the NRC receives any significant adverse comment by April
14, 2025, then the NRC will publish a document that withdraws the
direct
[[Page 11907]]
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, certificate of compliance, or technical
specifications.
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 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
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System design and added it to the list of NRC-approved
cask designs in Sec. 72.214 as Certificate of Compliance No. 1014.
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, Proposed Technical Specifications,
and Preliminary Safety Evaluation Report for Certificate of Compliance
No. 1014, Renewed Amendment No. 19
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User Need for Rulemaking for the ML24312A177 (Package).
Holtec HI-STORM 100 Cask System,
Certificate of Compliance No.
1014, Renewed Amendment No. 19
(December 23, 2024).
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Environmental Documents
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Environmental Assessment for ML051230231.
Proposed Rule Entitled, ``Storage
of Spent Nuclear Fuel in NRC-
Approved Storage Casks at Nuclear
Power Reactor Sites.'' (1989).
``Environmental Assessment and ML100710441.
Finding of No Significant Impact
for the Final Rule Amending 10
CFR part 72 License and
Certificate of Compliance Terms''
(2010).
Generic Environmental Impact ML14198A440 (Package).
Statement for Continued Storage
of Spent Nuclear Fuel: Final
Report (NUREG-2157, Volumes 1 and
2) (2014).
``Storage of Spent Fuel In NRC- 55 FR 29181.
Approved Storage Casks at Power
Reactor Sites'' Final Rule (July
18, 1990).
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Holtec International HI-STORM 100 Cask Design System Amendment No. 19
Request Documents
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Holtec International--HI-STORM 100 ML24222A858 (Package).
Multipurpose Canister Storage
System Amendment 19 Request
(August 9, 2024).
Holtec International--HI-STORM 100 ML24309A286 (Package).
Amendment 19 Responses to
Requests for Additional
Information (November 4, 2024).
Holtec International--HI-STORM 100 ML24318C533 (Package).
Amendment 19 Additional Responses
to Requests for Additional
Information (November 13, 2024).
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Other Documents
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Holtec International--HI-STORM ML24199A241.
Flood/Wind Amendment 7 Final
Safety Evaluation Report,
Enclosure 4 (August 13, 2024).
[[Page 11908]]
``Agreement State Program Policy 82 FR 48535.
Statement; Correction'' (October
18, 2017).
Plain Language in Government 63 FR 31885.
Writing (June 10, 1998).
Storage of Spent Fuel In NRC- 55 FR 29181.
Approved Storage Casks at Power
Reactor Sites: Final Rule (July
18, 1990).
List of Approved Spent Fuel 65 FR 25241.
Storage Casks: Holtec HI-STORM
100 Addition (May 1, 2000).
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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-2024-0215. 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-2024-0215); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
Dated: February 28, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-04010 Filed 3-12-25; 8:45 am]
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