ML22300A138
| ML22300A138 | |
| Person / Time | |
|---|---|
| Issue date: | 12/21/2022 |
| From: | Dan Dorman NRC/EDO |
| To: | |
| References | |
| NRC-2022-0181, RIN 3150-AK88 | |
| Download: ML22300A138 (8) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0181]
RIN 3150-AK88
List of Approved Spent Fuel Storage Casks: Holtec Internationa l HI-STORM
Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No.
1032, Amendment No. 6
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 Storage Module
Flood/Wind (HI-STORM FW) multipurpose Canister Storage System l isting within the
List of approved spent fuel storage casks to include Amendmen t No. 6 to Certificate of
Compliance No. 1032. Amendment No. 6 revises and clarifies des ign and operational
requirements in the certificate of compliance for the HI-STORM FW overpack. This
amendment also incorporates additional clarifications as well a s editorial changes that
do not change the substantive technical information of the cert ificate of compliance.
DATES: Submit comments by February 6, 2023. 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: Submit your comments, identified by Docket ID NRC-2022-0181,
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 inst ructions.
For additional direction on obtaining information and submittin g comments,
see Obtaining Information and Submitting Comments in the SUPP LEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Norma Garcia Santos, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6999, email :
Norma.GarciaSantos@nrc.gov and Gregory Trussell, Office of Nucl ear Material Safety
and Safeguards, telephone: 301-415-6244, email: Gregory.Truss ell@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
2 A. Obtaining Information
Please refer to Docket ID NRC-2022-0181 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-2022-0181. Address questions about NR C dockets to Dawn
Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical
questions contact the individual listed in the FOR FURTHER INFO RMATION 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.ht ml. 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 con venience of the
reader, instructions about obtaining materials referenced in th is 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 W hite 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, Monday through Friday,
except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0181 in your comment submission. The
3 NRC requests that you submit comments through the Federal rulemaking website
at https://www.regulations.gov. If your material cannot be sub mitted
using https://www.regulations.gov, call or email the individual or individuals listed in the
FOR FURTHER INFORMATION CONTACT section of this document for al ternate
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 e nter 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 [INSERT DATE 75 DAYS AFTER DATE OF PUBLICATION IN
THE FEDERAL REGISTER]. However, if the NRC receives any significant adverse
comment by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER], then the NRC will publish a document that withdraws the direc t
4 final rule. If the direct final rule is withdrawn, the NRC wil l address the comments in a
subsequent final rule. Absent significant modifications to the proposed revisions
requiring republication, the NRC will not initiate a second com ment 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 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.
5 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,
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 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 March 28, 2011 (76 FR 17019) that approved the HI-
STORM FW Cask System design and added it to the list of NRC-app roved cask designs
in § 72.214 as Certificate of Compliance No. 1032.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Feder al agencies to
6 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 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. / WEB LINK / FEDERAL REGISTER CITATION Submission of a Request to Amend the U.S. ML19282C357 (package)
Nuclear Regulatory Commission Certificate of Compliance No. 1032, October 2, 2019 Holtec Responses to HI-STORM FW Amd. 6 ML20182A860 (package)
Requests for Supplemental Information, June 30, 2020 Holtec Responses to HI-STORM FW Amd. 6 ML20356A328 Requests for Additional Information, December 21, 2020 Supplemental Responses to HI-STORM FW Amd. ML21214A130 (package) 6 Requests for Additional Information, August 2, 2021 Holtec International Revised Supplemental ML21333A137 (package)
Responses for HI-STORM FW Amd. 6 Requests for Additional Information, November 29, 2021 CoC 1032 Amendment No. 6 Preliminary Safety Evaluation Report ML22145A411 Draft Certificate of Compliance No. 1032 Amendment No. 6 ML22145A408 Proposed CoC 1032 Amendment No. 6 Technical Specifications, Appendix A ML22145A409 Proposed CoC 1032 Amendment No. 6 Approved Contents and Design Features, Appendix B ML22145A410
7 User Need Memorandum for Rulemaking for the ML22145A407 HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 6
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-2022-0181. In addition, the Federal rulemaking w ebsite allows
members of the public to receive alerts when changes or additio ns occur in a docket
folder. To subscribe: 1) navigate to the docket folder (NRC-2 022-0181); 2) click the
Subscribe link; and 3) enter an email address and click on th e Subscribe link.
Dated: December 21, 2022.
For the Nuclear Regulatory Commission.
/RA/
Daniel H. Dorman, Executive Director for Operations.
8