ML22214A497
| ML22214A497 | |
| Person / Time | |
|---|---|
| Issue date: | 10/20/2022 |
| From: | Dan Dorman NRC/EDO |
| To: | |
| Sahle S | |
| Shared Package | |
| ML22214A494 | List: |
| References | |
| 10 CFR Part 72, NRC-2022-0144, RIN 3150-AK87 | |
| Download: ML22214A497 (8) | |
Text
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0144]
RIN 3150-AK87
List of Approved Spent Fuel Storage Casks: NAC International, Inc.
MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment
No. 10
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its
spent fuel regulations by revising the NAC International, Inc. MAGNASTOR Storage
System listing within the List of approved spent fuel storage casks to include
Amendment No. 10 to Certificate of Compliance No. 1031. Amendm ent No. 10 revises
the certificate of compliance by adding a new metal storage ove rpack.
DATES: Submit comments by December 5, 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-2022-0144,
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: Bernard White, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-6577, email: Bernard.White@nrc.gov and
Tyler Hammock, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-
1381, email: Tyler.Hammock@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-2022-0144 when contacting the NRC about the
availability of information for this action. You may obtain pu blicly available information
2 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-2022-0144. Address questions abou t NRC dockets to
Dawn Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical
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 problem s with ADAMS,
please contact the NRCs Public Document Room (PDR) reference s taff 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 i n this document are
provided in the Availability of Documents section.
- NRCs PDR: You may examine and purchase copies of public
documents by appointment at the NRCs PDR, Room P1 B35, One Whi te Flint North,
11555 Rockville Pike, Rockville, Maryland 20852. To make an ap pointment 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. eastern time (ET), Mo nday through Friday,
except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0144 in your comment submissi on. 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
3 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
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 January 18, 2023. However, if the NRC rece ives any significant
adverse comment by December 5, 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, or as otherwise approp riate. In general, absent
significant modifications to the proposed revisions requiring r epublication, the NRC will
not initiate a second comment period on this action in the even t the direct final rule is
withdrawn.
4 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:
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
5 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.
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 Pow er 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 conta ins procedures and
criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC
subsequently issued a final rule on November 21, 2008 (73 FR 70 587), that approved
the NAC International, Inc. MAGNASTOR Storage System design and added it to the
list of NRC-approved cask designs in §72.214 as Certificate of Compliance No. 1031.
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
6 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.
DOCUMENT ADAMS ACCESSION NO.
NAC International request to amend ML19345E594 Certificate of Compliance No. 1031, dated December 9, 2019
NAC International Supplemented to ML20143A102 Request for Additional Information for the amendment of Certificate of Compliance No. 1031, dated May 13, 2020
Supplemental Request to amend the ML21067A041 NAC International, Certificate of Compliance No. 1031, dated February 25, 2021
Supplemental Request to amend the ML21118A043 NAC International, Certificate of Compliance No. 1031, dated April 20, 2021
Supplemental Request to amend the ML21251A529 NAC International, Certificate of Compliance No. 1031, dated September 2, 2021
User Need Memorandum Package for Rulemaking for Certificate of Compliance ML22026A519 Amendment, Amendment Number 10 to the NAC International Storage Cask, dated June 26, 2022
Proposed Technical Specification Appendix A for NAC International, Inc. ML22026A522 MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10
7 Proposed Technical Specifications Appendix B for NAC International, Inc.
MAGNASTOR Storage System, ML22026A523 Certificate of Compliance No. 1031, Amendment No. 10
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR Storage System, Certificate of ML22026A524 Compliance No. 1031, Amendment No.
10
Proposed Certificate of Compliance No.
1031 for NAC International, Inc.
MAGNASTOR Storage System, ML22026A521 Certificate of Compliance No. 1031, Amendment No. 10
Memo forwarding CoC, Tech Specs and SER to REFS for MAGNASTOR ML22026A520 Amendment 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-
2022-0144. In addition, the Federal rulemaking website allows members of the public to
receive alerts when changes or additions occur in a docket fold er. To subscribe: 1)
navigate to the docket folder (NRC-2022-0144); 2) click the Su bscribe link; and 3) enter
an email address and click on the Subscribe link.
Dated: October 20, 2022.
For the Nuclear Regulatory Commission.
/RA/
Daniel H. Dorman, Executive Director for Operations.
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