ML18279A001

Enclosure 2: Companion Proposed Rule - HI-STORM 100 CoC No. 1014, Amendments 11 and 12

ML18279A001
Person / Time
Site:	Holtec
Issue date:	11/29/2018
From:	Margaret Doane NRC/EDO
To:
Cox V
Shared Package
ML18268A005	List: ML18279A001 ML18279A002
References
NRC-2018-0221, RIN 3150-AK18
Download: ML18279A001 (12)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72

[NRC-2018-0221]

RIN 3150-AK18 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment Nos. 11 and 12 AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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 Multipurpose Canister Cask System (HI-STORM100 System) listing within the List of approved spent fuel storage casks to include Amendment Nos. 11 and 12 to Certificate of Compliance No. 1014. Amendment Nos. 11 and 12 propose to revise multiple items in the Technical Specifications for multi-purpose canister models listed under Certificate of Compliance No. 1014; most of these revisions involve changes to the authorized contents. In addition, Amendment No. 11 makes several other editorial changes.

DATES: Submit comments by January 11, 2019. 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: You may submit comments by any of the following methods:

• Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0221. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

• E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic e-mail reply confirming receipt, then contact us at 301-415-1677.

• Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

• Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

• Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone:

301-415-1677.

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; e-mail: Yen-Ju.Chen@nrc.gov or Vanessa Cox, Office of Nuclear Material Safety and Safeguards; telephone:

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301-415-8342; e-mail: Vanessa.Cox@nrc.gov. 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 IV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0221 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 Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0221.

• NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.

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• NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments Please include Docket ID NRC-2018-0221 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 http://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 Amendment Nos. 11 and 12 to Certificate of Compliance 1014 and does not include other aspects of the Holtec International HI-STORM 100 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 (FR). The direct final rule will become effective on February 25, 2019.

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However, if the NRC receives significant adverse comments on this proposed rule by January 11, 2019, 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 received in response to these proposed revisions in a subsequent final rule. 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 rules 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 staff 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 staff.

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 staff to make a change (other than editorial) to the rule.

For procedural information and the regulatory analysis, see the direct final rule published in the Rules and Regulations section of this issue of the FR.

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III. Background Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that the 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 NWPA states, in part, that [the 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 System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1014.

IV. Plain Writing 6

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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 31883). 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 through one or more of the following methods, as indicated.

Document ADAMS Accession No. / Web link /

Federal Register Citation Subpart K of 10 CFR Part 72, General License 55 FR 29181 for Storage of Spent Fuel at Power Reactor Sites 10 CFR Part 72, List of Approved Spent Fuel 65 FR 25241 Storage Casks: Holtec HI-STORM 100 Addition Letter from Holtec International to NRC, Holtec ML16029A528 International HI-STORM 100 Multipurpose Canister Storage System Amendment Request 1014-11 dated January 29, 2016 Letter from Holtec International to NRC, ML16069A246 Supporting Information for License Amendment Request 11 (1014-11) to the HI-STORM 100 CoC dated February 16, 2016. (This letter contains five enclosures, and Enclosures 1 through 4 are proprietary information and not publicly available.)

Letter from Holtec International to NRC, ML16159A344 Transmittal of Requests for Supplemental Information Responses Supporting HI-STORM 100 License Amendment Request 1014-11 dated June 6, 2016 7

Letter from Holtec International to NRC, ML17005A236 Submittal of Responses to NRC's Requests for Additional Information for HI-STORM 100 License Amendment Request 1014-11 dated December 22, 2016 Letter from Holtec International to NRC, ML16113A394 Modification to Requested Changes on HI-STORM 100 Amendment 11 Request dated April 22, 2016 Letter from Holtec International to NRC, ML17261A159 Submittal of Responses to NRC's 2nd Round Requests for Additional Information for HI-STORM 100 License Amendment Request 1014-11 dated September 8, 2017 Letter from Holtec International to NRC, ML17325A555 Submittal of Supplemental Information on NRCs Requests for Additional Information for HI-STORM 100 License Amendment Request 1014-11 dated November 10, 2017. (This package contains nine attachments, and Attachments 1, 6, 7, and 8 are proprietary information and not publicly available.)

Letter from Holtec International to NRC, No. ML17362A113 Submittal of Revised Supplemental Information on NRCs Requests for Additional Information for HI-STORM 100 License Amendment Request 1014-11 dated December 21, 2017.

User Need Memorandum for Rulemaking for the ML18141A568 Holtec International HI-STORM 100 Cask System, Amendment 11 Proposed Certificate of Compliance 1014, ML18141A561 Amendment 11, Certificate of Compliance for Spent Fuel Storage Casks Proposed Certificate of Compliance 1014, ML18141A562 Amendment 11, Technical Specifications, Appendix A Proposed Certificate of Compliance 1014, ML18141A563 Amendment 11, Approved Contents and Design Features, Appendix B Proposed Certificate of Compliance 1014, ML18141A564 Amendment 11, Technical Specifications, Appendix A-100U Proposed Certificate of Compliance 1014, ML18141A565 Amendment 11, Approved Contents and Design Features, Appendix B-100U Certificate of Compliance 1014, Amendment 11, ML18141A567 Preliminary Safety Evaluation Report Letter from Holtec International to NRC, Holtec ML16169A363 International HI-STORM 100 Multipurpose 8

Canister Storage System Amendment Request 1014-12 dated June 14, 2016 Letter from Holtec International to NRC, Holtec ML16210A133 International HI-STORM 100 Multipurpose Canister Storage System Amendment Request 1014-12 Supporting Calculation Packages dated July 22, 2016. (This package contains four attachments, and Attachments 1 through 3 are proprietary information and not publicly available.)

Letter from Holtec International to NRC, HI- ML16313A216 STORM 100 Amendment 12 Responses to Requests for Supplemental Information dated November 4, 2016. (This package contains five attachments, and Attachment 4 is proprietary information and not publicly available.)

Letter from Holtec International to NRC, ML17251A739 Submittal of Responses to NRC's Requests Additional Information for HI-STORM 100 License Amendment Request 1014-12 dated August 25, 2017. (This package contains 13 attachments, and Attachments 1, 5, 7, 8, 9, 10, 11, and 12 are proprietary information and not publicly available.)

Letter from Holtec International to NRC, ML17261A159 Submittal of Responses to NRC's 2nd Round Requests Additional Information for HI-STORM 100 License Amendment Request 1014-11 dated September 8, 2017. (This package contains seven attachments, and Attachments 1, 5, and 6 are proprietary information and not publicly available.)

Letter from Holtec International to NRC, ML17326A174 Submittal of Supplemental Information on NRC's Requests for Additional Information for HI-STORM 100 License Amendment Request 1014-12 dated November 10, 2017. (This package contains six attachments, and is proprietary information and not publicly available.)

Letter from Holtec International to NRC, ML17362A130 Submittal of Revised Supplemental Information on NRCs Requests for Additional Information for HI-STORM 100 License Amendment Request 1014-12 dated December 22, 2017 User Need Memorandum for Rulemaking for the ML18087A056 Holtec International HI-STORM 100 Cask System, Amendment 12 9

Proposed Certificate of Compliance 1014, ML18087A057 Amendment 12, Certificate of Compliance for Spent Fuel Storage Casks Proposed Certificate of Compliance 1014, ML18087A058 Amendment 12, Technical Specifications, Appendix A Proposed Certificate of Compliance 1014, ML18087A059 Amendment 12, Approved Contents and Design Features, Appendix B Proposed Certificate of Compliance 1014, ML18087A060 Amendment 12, Technical Specifications, Appendix A-100U Proposed Certificate of Compliance 1014, ML18087A061 Amendment 12, Approved Contents and Design Features, Appendix B-100U Certificate of Compliance 1014, Amendment 12, ML18087A062 Preliminary Safety Evaluation Report The NRC may post materials related to this document, including public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2018-0221. The Federal Rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: 1) navigate to the docket folder (NRC-2018-0221); 2) click the Sign up for E-mail Alerts link; and 3) enter your e-mail address and select how frequently you would like to receive e-mails (daily, weekly, or monthly).

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; 10

the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to adopt 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

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.

2. In § 72.214, Certificate of Compliance 1014 is revised to read as follows:

§ 72.214 List of approved spent fuel storage casks.

Certificate Number: 1014.

Initial Certificate Effective Date: May 31, 2000.

Amendment Number 1 Effective Date: July 15, 2002.

Amendment Number 2 Effective Date: June 7, 2005.

Amendment Number 3 Effective Date: May 29, 2007.

Amendment Number 4 Effective Date: January 8, 2008.

Amendment Number 5 Effective Date: July 14, 2008.

Amendment Number 6 Effective Date: August 17, 2009.

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Amendment Number 7 Effective Date: December 28, 2009.

Amendment Number 8 Effective Date: May 2, 2012, as corrected on November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by Amendment Number 8, Revision 1, Effective Date: February 16, 2016.

Amendment Number 8, Revision 1, Effective Date: February 16, 2016.

Amendment Number 9 Effective Date: March 11, 2014, superseded by Amendment Number 9, Revision 1, on March 21, 2016.

Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as corrected (ADAMS Accession No. ML17236A451).

Amendment Number 10 Effective Date: May 31, 2016, as corrected (ADAMS Accession No. ML17236A452).

Amendment Number 11 Effective Date: February 25, 2019.

Amendment Number 12 Effective Date: February 25, 2019.

Safety Analysis Report Submitted by: Holtec International.

Safety Analysis Report

Title:

Final Safety Analysis Report for the HI-STORM 100 Cask System.

Docket Number: 72-1014.

Certificate Expiration Date: May 31, 2020.

Model Number: HI-STORM 100.

Dated at Rockville, Maryland, this 29th day of November, 2018.

For the Nuclear Regulatory Commission.

/RA/

Margaret M. Doane, Executive Director for Operations.

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