[Federal Register Volume 90, Number 233 (Monday, December 8, 2025)]
[Rules and Regulations]
[Pages 56657-56662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22229]
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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. 233 / Monday, December 8, 2025 /
Rules and Regulations
[[Page 56657]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2025-0025]
RIN 3150-AL30
List of Approved Spent Fuel Storage Casks: NAC International,
Inc., NAC-UMS[supreg] Universal Storage System, Certificate of
Compliance No. 1015, Renewed Amendment No. 10, and Revision 1 to
Renewed Amendment Nos. 5 Through 9
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel regulations by revising the NAC International, Inc., NAC-
UMS[supreg] Universal Storage System (NAC-UMS[supreg]) design listing
within the ``List of approved spent fuel storage casks'' to include
Renewed Amendment No. 10, and to revise Renewed Amendment Nos. 5
through 9 to Certificate of Compliance No. 1015. The addition of
Renewed Amendment No. 10 and Revision 1 to Renewed Amendment Nos. 5
through 9 for the certificate of compliance (CoC) corrects licensing
basis deficiencies and updates the address in the CoC to reflect the
new address of the applicant's headquarters offices.
DATES: This direct final rule is effective February 23, 2026, unless
significant adverse comments are received by January 7, 2026. 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direct final rule is withdrawn as a result of such comments, timely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-2025-0025,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual 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-2025-0025. 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: Gregory Trussell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-415-6244, email:
[email protected].
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 Language 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. Regulatory Planning and Review (E.O. 12866)
XIV. Congressional Review Act
XV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID: NRC-2025-0025 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-2025-0025. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3228,
email: [email protected]. For technical questions contact the
individual 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-2025-0025 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
[[Page 56658]]
submissions available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This rule is limited to the changes contained in Renewed Amendment
No. 10, and the Revision 1 to Renewed Amendment Nos. 5 through 9 to
Certificate of Compliance No. 1015 and does not include other aspects
of the NAC-UMS[supreg] Universal Storage Cask System (NAC-UMS[supreg])
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 February 23, 2026. However, if the NRC receives any
significant adverse comment on this direct final rule by January 7,
2026, 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
October 19, 2000 (65 FR 62581), that approved the NAC-UMS[supreg]
design and added it to the list of NRC-approved cask designs in Sec.
72.214 as Certificate of Compliance No. 1015.
IV. Discussion of Changes
On October 10, 2023 (ML23283A249 and ML23291A095), NAC
International, Inc submitted a request to the NRC to amend Certificate
of Compliance No. 1015. NAC International, Inc supplemented its request
on the following dates: February 13, 2024 (ML24044A221), June 26, 2024
(ML24179A058), December 19, 2024 (ML25021A284), January 14, 2025
(ML25014A450), July 17, 2025 (ML25198A286), and August 27, 2025
(ML25240A911). The request includes proposed changes to correct
licensing basis deficiencies identified in a NAC International, Inc.
letter to the NRC. Renewed Amendment No. 10 and Revision 1 to Renewed
Amendment Nos. 5 through 9 revise a parameter used in the computation
of bending stress in the finite element model used to structurally
evaluate a fuel rod under the non-mechanistic tip-over accident
condition, and updates the pressurized water reactor (PWR) end drop
evaluation using the methodology already approved for the boiling water
reactor (BWR) end drop evaluation. In addition, they update the address
in the CoC to reflect the new address of the applicant's headquarters
offices.
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 Renewed Amendment No. 10, and Revision 1 to Renewed
Amendment Nos. 5 through 9 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-UMS[supreg] 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-UMS[supreg] design that meet the criteria of Renewed Amendment No.
10, and Revision 1 to Renewed Amendment Nos. 5 through 9 to Certificate
of Compliance No. 1015.
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
[[Page 56659]]
NRC revises the NAC-UMS[supreg] 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. This environmental
assessment and finding of no significant impact can be tracked with
identification number NEPA ID EAXX-429-00-000-1744008458.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC
International, Inc., NAC-UMS[supreg] design listing within the ``List
of approved spent fuel storage casks'' to add Renewed Amendment No. 10,
and Revision 1 to Renewed Amendment Nos. 5 through 9 to Certificate of
Compliance No. 1015.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC International, Inc., NAC-UMS[supreg] 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, Renewed Amendment
No. 10 and Revision 1 to Renewed Amendment Nos. 5 through 9 revise a
parameter used in the computation of bending stress in the finite
element model used to structurally evaluate a fuel rod under the non-
mechanistic tip-over accident condition, and updates the pressurized
water reactor (PWR) end drop evaluation using the methodology already
approved for the boiling water reactor (BWR) end drop evaluation. In
addition, they update the address in the CoC to reflect the new address
of the applicant's headquarters offices.
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 Renewed Amendment No. 10,
and Revision 1 of Renewed Amendment Nos. 5 through 9 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. NAC-UMS[supreg] 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 and revision do 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 Renewed Amendment No. 10,
and Revision 1 to Renewed Amendment Nos. 5 through 9 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 Renewed
Amendment No. 10 and Revision 1 to Renewed Amendment Nos. 5 through 9
and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into NAC
International, Inc. NAC-UMS[supreg] design in accordance with the
changes described in proposed Renewed Amendment No. 10 and Revision 1
to Renewed Amendment Nos. 5 through 9 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 Renewed Amendment No. 10 and Revision 1
to Renewed Amendment Nos. 5 through 9 to Certificate of Compliance No.
1015 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.
[[Page 56660]]
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., NAC-
UMS[supreg] Universal Storage System, Certificate of Compliance No.
1015, Renewed Amendment No. 10, and Revision 1 to Renewed Amendment
Nos. 5 through 9,'' 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
October 19, 2000 (65 FR 62581), the NRC issued an amendment to 10 CFR
part 72 that approved the NAC-UMS[supreg] design by adding it to the
list of NRC-approved cask designs in Sec. 72.214.
On October 10, 2023, and as supplemented on, February 13, 2024,
June 26, 2024, December 19, 2024, January 14, 2025, July 17, 2025, and
August 27, 2025, NAC International, Inc submitted a request to the NRC
to amend Certificate of Compliance No. 1015. NAC International, Inc
submitted a request to amend the NAC-UMS[supreg] design as described in
Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Renewed
Amendment No.10, and of Revision 1 to Renewed Amendment Nos. 5 through
9, and to require any 10 CFR part 72 general licensee seeking to load
spent nuclear fuel into NAC International, Inc. NAC-UMS[supreg] design
under the changes described in Renewed Amendment No. 10, and in
Revision 1 to Renewed Amendment Nos. 5 through 9 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
This direct final rule adds Amendment No. 10 and revises Amendment
Nos. 5 through 9 of the renewed Certificate of Compliance No. 1015 for
the NAC-UMS[supreg] system, as currently listed in 10 CFR 72.214,
``List of approved spent fuel storage casks.'' Renewed Amendment No. 10
and Revision 1 to Amendment Nos. 5 through 9 to renewed CoC No. 1015
revise a parameter used in the computation of bending stress in the
finite element model used to structurally evaluate a fuel rod under the
non-mechanistic tip-over accident condition, and updates the PWR end
drop evaluation using the methodology already approved for the BWR end
drop evaluation to correct licensing basis deficiencies. In addition,
they update the address in the CoC to reflect the new address of the
applicant's headquarters offices.
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.
Renewed Amendment No.10 to Certificate of Compliance No. 1015 for
the NAC International, Inc. NAC-UMS[supreg] design was initiated by NAC
International, Inc. and was not submitted in response to new NRC
requirements or to an NRC request for amendment. Renewed Amendment No.
10 applies only to new casks fabricated and used under Amendment No.
10. These changes do not affect existing users of the NAC International
Inc. NAC-UMS[supreg] design. While current users of this storage system
may comply with the new requirements in Renewed Amendment No. 10, this
would be a voluntary decision on the part of current users. For these
reasons, Amendment No. 10 to Certificate of Compliance No. 1015 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.
NAC has manufactured casks under existing Certificate of Compliance
No. 1015, Renewed Amendment Nos. 5 through 9, that are being revised by
this final rule. As the vendor, NAC is not within the scope of the
backfitting provisions in 10 CFR 72.62. Under 10 CFR 72.62, general
licensees are entities that are within the scope of the backfitting
regulations. However, according to NAC no general licensees are
currently using NAC-UMS[supreg] systems under Certificate of Compliance
No. 1015, Renewed Amendment Nos. 5 and 8, which are, in part, the
subject of these revisions. Therefore, because CoC No. 1015, Amendment
Nos. 5 and 8 are not in use by any licensee, the changes in the
revisions for Certificate of Compliance No. 1015, Renewed
[[Page 56661]]
Amendment Nos. 5 and 8, which are approved in this direct final rule,
do not fall within the definition of backfitting under 10 CFR 72.62.
Maine Yankee Atomic Power Company at its Maine Yankee independent
spent fuel storage installation (ISFSI) is the only general licensee
using Renewed Amendment No. 6 that could be affected by the issuance of
Revision 1 to Renewed Amendment No. 6. In a letter to NAC, Maine Yankee
Atomic Power Company stated that it intends to adopt the revision to
Amendment No. 6, following the NRC approval and issuance. Therefore,
because the licensee voluntarily intends to implement the revision, the
issuance of Revision 1 to Renewed Amendment No. 6 does not fall within
the definition of backfitting under 10 CFR 72.62. In a subsequent
letter to the NRC, Maine Yankee Atomic Power Company stated that it
plans to adopt Renewed Amendment No. 9 to CoC No. 1015 as part of its
work to adopt the renewed Certificate of Compliance No. 1015. In an
email to the NRC Maine Yankee Atomic Power Company stated that it also
intends to adopt the revision to Renewed Amendment No. 9, following NRC
approval and issuance. Therefore, because the licensee voluntarily
intends to implement the revision, the issuance of Revision 1 to
Renewed Amendment No. 9 does not fall within the definition of
backfitting under 10 CFR 72.62.
Duke Energy at the Catawba and McGuire ISFSIs is the only general
licensee using renewed Amendment No. 7 that could be affected by the
issuance of Revision 1 to Renewed Amendment No. 7. In a letter to NAC,
Duke Energy stated that instead of adopting the revision to the
amendment, Catawba and McGuire will be adopting the latest amendment
for the NAC-UMS[supreg] system, Certificate of Compliance No. 1015,
Renewed Amendment No.10 after approval from the NRC has been received.
Therefore, because the licensee voluntarily intends to adopt the latest
Renewed Amendment No. 10, the issuance of Revision 1 to Renewed
Amendment No. 7 does not fall within the definition of backfitting
under 10 CFR 72.62.
Arizona Public Service Company at the Palo Verde ISFSI is the only
general licensee currently using Renewed Amendment No. 9 that could be
affected by the issuance of Revision 1 to Renewed Amendment No. 9. In
its communications to NAC, Arizona Public Service Company stated that
it intends to adopt Renewed Amendment No. 9, Revision 1, once approved.
Therefore, because the licensee voluntarily intends to adopt the
revision, the issuance of Revision 1 to Renewed Amendment No. 9 does
not fall within the definition of backfitting under 10 CFR 72.62.
For the reasons outlined, Renewed Amendment No. 10 and Revision 1
to Renewed Amendment Nos. 5 through 9 do not constitute backfitting
under Sec. 72.62. Accordingly, the NRC has not prepared a backfit
analysis for this rulemaking.
XIII. Regulatory Planning and Review (E.O. 12866)
Executive Order (E.O.) 12866, as amended by E.O. 14215, provides
that the Office of Information and Regulatory Affairs (OIRA) will
determine whether a regulatory action is significant as defined by E.O.
12866 and will review significant regulatory actions. OIRA determined
that this direct final rule is not a significant regulatory action
under E.O. 12866.
XIV. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
ADAMS accession No./weblink/Federal
Document Register citation
------------------------------------------------------------------------
Renewed Certificate of ML25003A177
Compliance No. 1015,
Amendments 5 to 9, Revision
1, and Amendment 10 for the
Model No. NAC-UMS[supreg]
Storage System.
User Need Memo for Amendment ML25003A178
Nos. 5 through 9, Revision 1,
and Amendment No. 10 of the
Renewed Certificate of
Compliance No. 1015 for the
NAC-UMS[supreg] Universal
Storage System.
Proposed Renewed CoC No. 1015, ML25003A180
Amendment No. 5, Revision 1.
Proposed Renewed CoC No. 1015, ML25003A181
Amendment No. 5, Revision 1,
Appendix A.
Proposed Renewed CoC No. 1015, ML25003A182
Amendment No. 5, Revision 1,
Appendix B.
Proposed Renewed CoC No. 1015, ML25003A183
Amendment No. 6, Revision 1.
Proposed Renewed CoC No. 1015, ML25003A184
Amendment No. 6, Revision 1,
Appendix A.
Proposed Renewed CoC No. 1015, ML25003A185
Amendment No. 6, Revision 1,
Appendix B.
Proposed Renewed CoC No. 1015, ML25003A186
Amendment No. 7, Revision 1.
Proposed Renewed CoC No. 1015, ML25003A187
Amendment No. 7, Revision 1,
Appendix A.
Proposed Renewed CoC No. 1015, ML25003A188
Amendment No. 7, Revision 1,
Appendix B.
Proposed Renewed CoC No. 1015, ML25003A189
Amendment No. 8, Revision 1.
Proposed Renewed CoC No. 1015, ML25003A190
Amendment No. 8, Revision 1,
Appendix A.
Proposed Renewed CoC No. 1015, ML25003A191
Amendment No. 8, Revision 1,
Appendix B.
Proposed Renewed CoC No. 1015, ML25003A192
Amendment No. 9, Revision 1.
Proposed Renewed CoC No. 1015, ML25003A193
Amendment No. 9, Revision 1,
Appendix A.
Proposed Renewed CoC No. 1015, ML25003A194
Amendment No. 9, Revision 1,
Appendix B.
Proposed Renewed CoC No. 1015, ML25003A195
Amendment No. 10.
Proposed Renewed CoC No. 1015, ML25003A196
Amendment No. 10, Appendix A.
Proposed Renewed CoC No. 1015, ML25003A197
Amendment No. 10, Appendix B.
Submission of an Amendment ML23283A249, ML23291A095
Request for NAC-UMS Amendment
No. 10 and Revisions to
Amendments 5 to 9, dated 10-
10-2023.
Email dated 12-19-2024 related ML25021A284
to Applicability of
Amendments.
Supplement to Amendment ML24044A221
Request, dated 2-13-2024.
Supplement to Amendment ML24179A058
Request, dated 6-26-2024.
Request for Exemption from ML24094A060
Certain Requirements.
Email dated 1-30-2025 ML25031A348
Regarding planned Adoption of
Renewed Amendment No.9,
Revision 1.
Email dated 1-14-2025 Adopting ML25014A450
Amendment No. 9, Revision 1.
Supplement to Amendment ML25198A286
Request, dated 7-17-2025.
Supplement to Amendment ML25240A911
Request, dated 8-27-2025.
[[Page 56662]]
Preliminary Safety Evaluation ML25029A237
Report, Model No. NAC-
UMS[supreg] Universal Storage
System, Renewed CoC No. 1015,
Amendment Nos. 5 through 9,
Revision 1, and Amendment No.
10.
------------------------------------------------------------------------
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-2025-0025. 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-2025-0025); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance No. 1015 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000, superseded
by Renewed Initial Certificate Effective Date: July 15, 2024.
Amendment Number 1 Effective Date: February 20, 2001, superseded by
Renewed Amendment Number 1 Effective Date: July 15, 2024.
Amendment Number 2 Effective Date: December 31, 2001, superseded by
Renewed Amendment Number 2 Effective Date: July 15, 2024.
Amendment Number 3 Effective Date: March 31, 2004, superseded by
Renewed Amendment Number 3 Effective Date: July 15, 2024.
Amendment Number 4 Effective Date: October 11, 2005, superseded by
Renewed Amendment Number 4 Effective Date: July 15, 2024.
Amendment Number 5 Effective Date: January 12, 2009, superseded by
Renewed Amendment Number 5 Effective Date: July 15, 2024, superseded by
Renewed Amendment Number 5, Revision 1 Effective Date: February 23,
2026.
Amendment Number 6 Effective Date: January 7, 2019, superseded by
Renewed Amendment Number 6 Effective Date: July 15, 2024, superseded by
Renewed Amendment Number 6, Revision 1 Effective Date: February 23,
2026.
Amendment Number 7 Effective Date: July 29, 2019, superseded by
Renewed Amendment Number 7 Effective Date: July 15, 2024, superseded by
Renewed Amendment Number 7, Revision 1 Effective Date: February 23,
2026.
Amendment Number 8 Effective Date: October 19, 2021, as corrected
(ADAMS Accession No. ML21312A499); superseded by Renewed Amendment
Number 8 Effective Date: July 15, 2024; superseded by Renewed Amendment
Number 8, Revision 1 Effective Date: February 23, 2026.
Amendment Number 9 Effective Date: August 29, 2022, superseded by
Renewed Amendment Number 9 Effective Date: July 15, 2024, superseded by
Renewed Amendment Number 9, Revision 1 Effective Date: February 23,
2026.
Renewed Amendment Number 10 Effective Date: February 23, 2026.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS[supreg]
Universal Storage System.
Docket Number: 72-1015.
Certificate Expiration Date: November 20, 2060.
Model Number: NAC-UMS.
* * * * *
Dated: November 19, 2025.
For the Nuclear Regulatory Commission.
Michael King,
Acting Executive Director for Operations.
[FR Doc. 2025-22229 Filed 12-5-25; 8:45 am]
BILLING CODE 7590-01-P