ML21271A618
| ML21271A618 | |
| Person / Time | |
|---|---|
| Site: | 07201027 |
| Issue date: | 11/29/2021 |
| From: | Dan Dorman NRC/EDO |
| To: | TN Americas LLC |
| Sahle S | |
| Shared Package | |
| ML21271A604 | List: |
| References | |
| NRC-2021-0161, RIN 3150-AK69 86 FR 70056; 12/9/2021 | |
| Download: ML21271A618 (8) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2021-0161]
RIN 3150-AK69
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
TN-68 Dry Storage Cask, Certificate of Compliance No. 1027,
Renewal of Initial Certificate and Amendment No. 1
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 TN Americas LLC, TN-68 Dry Storage
Cask System listing within the List of approved spent fuel sto rage casks to renew, for
an additional 40 years, the initial certificate and Amendment N o. 1 of Certificate of
Compliance No. 1027. The renewal of the initial certificate an d Amendment No. 1
revises the certificate of compliances conditions and technica l specifications to address
aging management activities related to the structures, systems, and components of the
dry storage system to ensure that the structures, systems, and components will maintain
their intended functions during the period of extended storage operations.
DATES: Submit comments by January 10, 2022. Comments received after this date
will be considered if it is prac tical 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-2021-0161,
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 inst ructions.
For additional direction on obtaining information and submittin g comments, see
Obtaining Information and Submitting Comments in the SUPPLEME NTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6825, email :
Christian.Jacobs@nrc.gov and Solomon Sahle, Office of Nuclear Material Safety and
Safeguards, telephone: 301-415-3781, email: Solomon.Sahle@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 V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2021-0161 when contacting the NRC about the
availability of information for this action. You may obtain pu blicly 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-2021-0161. Address questions about NR C dockets to Dawn
Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical
2 questions contact the individuals listed in the FOR FURTHER INF ORMATION
CONTACT section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADA MS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,
301-415-4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader,
instructions about obtaining materials referenced in this docum ent are provided in the
Availability of Documents section.
- NRCs PDR: You may examine and purchase copies of public documents,
by appointment, at the NRCs Public Document Room (PDR), Room P 1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment
to visit the PDR, please send an email to PDR.Resource@nrc.gov 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
Please include Docket ID NRC-2021-0161 in your comment submission. The
NRC requests that you submit comments through the Federal rulemaking website
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 altern ate
instructions.
The NRC cautions you not to include identifying or contact info rmation 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
3 submissions into ADAMS. The NRC does not routinely edit commen t submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other person s 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 dis closed in their comment
submission. Your request should state that the NRC does not routinely edit comment
submissions to remove such information before making the commen t submissions
available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this act ion 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 February 22, 2022. However, if the NRC rec eives any significant
adverse comment by January 10, 2022, then the NRC will publish a document that
withdraws the direct final rule. If the direct final rule is w ithdrawn, the NRC will address
the comments in a subsequent final rule. Absent significant mo difications to the
proposed revisions requiring republication, the NRC will not in itiate a second comment
period on this action in the event the direct final rule is wit hdrawn.
A significant adverse comment is a comment where the commenter explains why
the rule would be inappropriate, including challenges to the ru les underlying premise or
approach, or would be ineffective or unacceptable without a cha nge. A comment is
adverse and significant if:
- 1) The comment opposes the rule and provides a reason sufficien t to require a
substantive response in a notice-and-comment process. For exam ple, a substantive
response is required when:
4 a) The comment causes the NRC to reevaluate (or reconsider) it s position or
conduct additional analysis;
b) The comment raises an issue serious enough to warrant a sub stantive
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, a nd it is apparent
that the rule would be ineffective or unacceptable without inco rporation of the change or
addition.
- 3) The comment causes the NRC to make a change (other than edi torial) to the
rule.
For a more detailed discussion of the proposed rule changes an d 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 amen ded, requires
that [t]he Secretary [of the Department of Energy] shall estab lish a demonstration
program, in cooperation with the private sector, for the dry st orage 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 r ule, approve for use at
the sites of civilian nuclear power reactors without, to the ma ximum extent practicable,
the need for additional site-specific approvals by the Commissi on. Section 133 of the
Nuclear Waste Policy Act states, in part, that [t]he Commissio n 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 civili an nuclear power reactor.
5 To implement this mandate, the Commission approved dry storage of spent
nuclear fuel in NRC-approved casks under a general license by p ublishing 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 April 28, 2000 (65 FR 24855), that
approved the TN Americas LLC, TN-68 Dry Storage Cask System des ign and added it to
the list of NRC-approved cask designs in § 72.214 as Certificat e of Compliance
No. 1027.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Feder al agencies to
write documents in a clear, conc ise, 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 J une 10, 1998
(63 FR 31885). The NRC requests comment on the proposed rule w ith 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.
6 DOCUMENT ADAMS ACCESSION NO.
TN Americas LLC Renewal Application for ML20100F295 the TN-68 Dry Storage Cask Certificate of Compliance No. 1027, dated April 9, 2020 Supplemental Response to Request for ML20211L707 Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated July 29, 2020 Supplemental Response to Request for ML21040A406 Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated February 9, 2021 Supplemental Response to Request for ML21083A029 Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated March 24, 2021 User Need Memorandum for Rulemaking for ML21174A125 Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-68 Dry Storage Cask, dated September 20, 2021 Preliminary Safety Evaluation Report for the ML21174A128 TN-32 Dry Storage Cask Certificate of Compliance Renewal Proposed Certificate of Compliance ML21174A126 No. 1027, Renewed Initial Certificate Proposed Technical Specifications, Appendix ML21174A129 A, Certificate of Compliance No. 1027, Renewed Initial Certificate Proposed Certificate of Compliance ML21174A127 No. 1027, Renewed Amendment No. 1 Proposed Technical Specifications, Appendix ML21174A131 A, Certificate of Compliance No. 1027, Renewed Amendment No. 1
7 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-2021-0161.
Dated: November 29, 2021.
For the Nuclear Regulatory Commission.
/RA/
Daniel H. Dorman, Executive Director for Operations.
8