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Enclosure 2 - Companion Proposed Rule - Direct Final Rule: List of Approved Spent Fuel Storage Casks: Holtec International Hi-Storm 100 Cask System, Certificate of Compliance No. 1014
	ML22279B025
Person / Time
Site:	Holtec
Issue date:	01/31/2023
From:	Catherine Haney; NRC/EDO
To:	;
References
	NRC-2022-0109, RIN 3150-AK86
	Download: ML22279B025 (16)
	v • d • e

.

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2022-0109]

RIN 3150-AK86

List of Approved Spent Fuel Storage Casks: Holtec Internationa l HI-STORM 100

Cask System, Certificate of Compliance No. 1014, Renewal of Ini tial Certificate and

Amendment Nos. 1 Through 15

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 Internati onal HI-STORM 100 Cask

System listing within the List of approved spent fuel storage casks to renew, for

40 years, the initial certificate (Amendment 0) and Amendment N os. 1 through 15 of

Certificate of Compliance No. 1014. The renewal of the initial certificate and

Amendment Nos. 1 through 15 would revise the certificate of com pliances conditions

and technical specifications to address aging management activi ties related to the

structures, systems, and components important to safety of the dry storage system to

ensure that these will maintain their intended functions during the period of extended

storage operations.

DATES: Submit comments by March 15, 2023. Comments received after t his 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-2022-0109,

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: Kristina Banovac, Office of Nuclear

Material Safety and Safeguards; telephone: 301-415-7116, email:

Kristina.Banovac@nrc.gov and James Firth, Office of Nuclear Material Safety and

Safeguards, telephone: 301-415-6628, email: James.Firth@nrc.gov. Both are staff of

the U.S. Nuclear Regulatory Commission, Washington, DC 20555-00 01.

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

2 Please refer to Docket ID NRC-2022-0109 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-2022-0109. Address questions about NR C 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 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 PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointm ent 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), Monday through Friday,

except Federal holidays.

B. Submitting Comments

Please include Docket ID NRC-2022-0109 in your comment submission. The

NRC requests that you submit comments through the Federal rulemaking website

3 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.

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 May 1, 2023. However, if the NRC receives any significant adverse

comment by March 15, 2023, 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

in a subsequent final rule or as otherwise appropriate. In gen eral, 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 fi nal 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, states that

[t]he Secretary [of the Department of Energy] shall establish a demonstration program,

5 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 ru le, establish procedures for

the licensing of any technology approved by the Commission unde r Section 219(a) [sic:

218(a)] for use at the site of any civilian nuclear power react or.

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 and for the

renewal of the cask design approval. The NRC subsequently issu ed a final rule on

May 1, 2000 (65 FR 25241) that approved the HI-STORM 100 Cask S ystem design and

added it to the list of NRC-approved cask designs in § 72.214 a s Certificate of

Compliance No. 1014. On August 28, 2007 (72 FR 49561), the NRC amended the

scope of the general licenses issued under 10 CFR 72.210 to inc lude the storage of

spent fuel in an independent spent fuel storage installation at power reactor sites to

persons authorized to possess or operate nuclear power reactors under 10 CFR part 52.

On February 16, 2011 (76 FR 8872), the NRC amended subparts K a nd L in 10 CFR

part 72, to extend and clarify the term limits for certificates of compliance and revised the

conditions for spent fuel storage casks renewals, including add ing requirements for the

safety analysis report to include time-limited aging analyses a nd a description of aging

6 management programs. The NRC also clarified the terminology used in the regulations

to use renewal rather than reapproval to better reflect tha t extending the term of a

currently approved cask design is based on the cask design stan dards in effect at the

time the certificate of compliance was approved rather than cur rent standards.

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.

DOCUMENT ADAMS ACCESSION NO. /

FEDERAL REGISTER CITATION Proposed Certificates of Compliance and Proposed Technical Spec ifications

Proposed Renewed Certificate of ML22098A235 Compliance No. 1014 (Amendment No. 0)

Proposed Renewed Certificate of ML22098A236 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 0

7 Proposed Renewed Certificate of ML22098A237 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 0 Proposed Renewed Certificate of ML22098A238 Compliance No. 1014, Amendment No. 1 Proposed Renewed Certificate of ML22098A239 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 1 Proposed Renewed Certificate of ML22098A240 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 1 Proposed Renewed Certificate of ML22098A241 Compliance No. 1014, Amendment No. 2 Proposed Renewed Certificate of ML22098A242 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 2 Proposed Renewed Certificate of ML22098A243 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 2 Proposed Renewed Certificate of ML22098A244 Compliance No. 1014, Amendment No. 3 Proposed Renewed Certificate of ML22098A245 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 3 Proposed Renewed Certificate of ML22098A246 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 3 Proposed Renewed Certificate of ML22098A247 Compliance No. 1014, Amendment No. 4 Proposed Renewed Certificate of ML22098A248 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 4

8 Proposed Renewed Certificate of ML22098A249 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 4 Proposed Renewed Certificate of ML22098A250 Compliance No. 1014, Amendment No. 5 Proposed Renewed Certificate of ML22098A251 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 5 Proposed Renewed Certificate of ML22098A252 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 5 Proposed Renewed Certificate of ML22098A253 Compliance No. 1014, Amendment No. 6 Proposed Renewed Certificate of ML22098A254 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 6 Proposed Renewed Certificate of ML22098A255 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 6 Proposed Renewed Certificate of ML22098A256 Compliance No. 1014, Amendment No. 7 Proposed Renewed Certificate of ML22098A257 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 7 Proposed Renewed Certificate of ML22098A258 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 7 Proposed Renewed Certificate of ML22098A259 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 7 Proposed Renewed Certificate of ML22098A260 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-

9 STORM 100 Cask System Amendment No. 7 Proposed Renewed Certificate of ML22098A261 Compliance No. 1014, Amendment No. 8, Revision 1 Proposed Renewed Certificate of ML22098A262 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 8, Revision 1 Proposed Renewed Certificate of ML22098A263 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 8, Revision 1 Proposed Renewed Certificate of ML22098A264 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 8, Revision 1 Proposed Renewed Certificate of ML22098A265 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 8, Revision 1 Proposed Renewed Certificate of ML22098A266 Compliance No. 1014, Amendment No. 9, Revision 1 Proposed Renewed Certificate of ML22098A267 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 9, Revision 1 Proposed Renewed Certificate of ML22098A268 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 9, Revision 1 Proposed Renewed Certificate of ML22098A269 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 9, Revision 1 Proposed Renewed Certificate of ML22098A270 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 9, Revision 1

10 Proposed Renewed Certificate of ML22098A271 Compliance No. 1014, Amendment No. 10 Proposed Renewed Certificate of ML22098A272 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 10 Proposed Renewed Certificate of ML22098A273 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 10 Proposed Renewed Certificate of ML22098A274 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 10 Proposed Renewed Certificate of ML22098A275 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 10 Proposed Renewed Certificate of ML22098A276 Compliance No. 1014, Amendment No. 11 Proposed Renewed Certificate of ML22098A277 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 11 Proposed Renewed Certificate of ML22098A278 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 11 Proposed Renewed Certificate of ML22098A279 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 11 Proposed Renewed Certificate of ML22098A280 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 11 Proposed Renewed Certificate of ML22098A281 Compliance No. 1014, Amendment No. 12

11 Proposed Renewed Certificate of ML22098A282 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 12 Proposed Renewed Certificate of ML22098A283 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 12 Proposed Renewed Certificate of ML22098A284 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 12 Proposed Renewed Certificate of ML22098A285 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 12 Proposed Renewed Certificate of ML22098A286 Compliance No. 1014, Amendment No. 13 Proposed Renewed Certificate of ML22098A287 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 13 Proposed Renewed Certificate of ML22098A288 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 13 Proposed Renewed Certificate of ML22098A289 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 13 Proposed Renewed Certificate of ML22098A290 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 13 Proposed Renewed Certificate of ML22098A291 Compliance No. 1014, Amendment No. 14 Proposed Renewed Certificate of ML22098A292 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-

12 STORM 100 Cask System Amendment No. 14 Proposed Renewed Certificate of ML22098A293 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 14 Proposed Renewed Certificate of ML22098A294 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 14 Proposed Renewed Certificate of ML22098A295 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 14 Proposed Renewed Certificate of ML22098A296 Compliance No. 1014, Amendment No. 15 Proposed Renewed Certificate of ML22098A297 Compliance No. 1014 Appendix A:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 15 Proposed Renewed Certificate of ML22098A298 Compliance No. 1014 Appendix B:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 15 Proposed Renewed Certificate of ML22098A299 Compliance No. 1014 Appendix A-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 15 Proposed Renewed Certificate of ML22098A300 Compliance No. 1014 Appendix B-100U:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 15 Proposed Renewed Certificate of ML22098A301 Compliance No. 1014 Appendix C:

Technical Specifications for the HI-STORM 100 Cask System Amendment No. 15 Proposed Renewed Certificate of ML22098A302 Compliance No. 1014 Appendix D:

Technical Specifications for the HI-

13 STORM 100 Cask System Amendment No. 15 Preliminary Safety Evaluation Report

Preliminary Safety Evaluation Report for ML22098A303 the HI-STORM 100 Cask System:

Certificate of Compliance No. 1014 Renewal Docket No. 72-1014 Environmental Documents

Environmental Assessment for Proposed ML051230231 Rule Entitled, "Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites." (1989)

Environmental Assessment for the ML091060766 Holtec International HI-STORM 100U Underground Cask System (2009)

Environmental Assessment and Finding ML100710441 of No Significant Impact for the Final Rule Amending 10 CFR Part 72 License and Certificate of Compliance Terms (2010)

Generic Environmental Impact Statement ML14198A440 (package) for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG-2157, Volumes 1 and 2) (2014)

Storage of Spent Fuel In NRC-Approved 55 FR 29181 Storage Casks at Power Reactor Sites Final Rule (July 18, 1990)

List of Approved Spent Fuel Storage 74 FR 52387 Casks: HI-STORM 100 Revision 7 (October 13, 2009)

License and Certificate of Compliance 76 FR 8876 Terms (February 16, 2011)

Holtec International, HI-STORM 100 Renewal Application Document s

Holtec International HI-STORM 100 ML20049A081 (package)

Storage Certificate of Compliance Renewal Application. Holtec Letter 5014890.

Holtec International, Submittal of RAI ML20290A819 (package)

Responses on HI-STORM 100 License Renewal. Holtec Letter 5014911.

Holtec International, Submittal of RAI ML20303A254 (package)

Responses on HI-STORM 100 License Renewal [submittal of report HI-2002396, Revision 5]. Holtec Letter 5014912.

Holtec International, Submittal of RAI ML21109A367 (package)

Clarification Responses on HI-STORM 100 License Renewal. Holtec Letter 5014922.

14 Holtec International, Submittal of RAI ML21113A201 (package)

Clarification Responses on HI-STORM 100 License RenewalUpdated Attachment. Holtec Letter 5014923.

Certificate of Compliance Renewal ML21113A203 Application for the HI-STORM 100 Dry Storage System: Certificate of Compliance No. 1014, Docket Number 72-1014 Holtec International, HI-STORM 100 Final Safety Analysis Report s

Final Safety Analysis Report for the HI-ML19150A405 STORM 100 Cask System. HI-2002444, Revision 18. (non-proprietary) (May 2019)

Final Safety Analysis Report for the HI-ML20121A317 STORM 100 Cask System. HI-2002444, Revision 19. (non-proprietary) (April 2020)

Final Safety Analysis Report for the HI-ML20167A018 STORM 100 Cask System. HI-2002444, Revision 20. (non-proprietary) (June 2020)

ML22279B025

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