Text

Direct Final Rule: List of Approved Spent Fuel Storage Casks: Tn Americas, LLC, NUHOMS Eos Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 3
	ML23073A367
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Issue date:	04/25/2023
From:	Catherine Haney; NRC/EDO
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ML23073A212	List: ML23073A366; ML23073A367;
References
	NRC-2023-0050, RIN 3150-AK93
	Download: ML23073A367 (23)
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[7590-01-P]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0050]

RIN 3150-AK93

List of Approved Spent Fuel Storage Casks: TN Americas LLC

NUHOMS EOS Dry Spent Fuel Storage System

Certificate of Compliance No. 1042, Amendment No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent

fuel storage regulations by revising the TN Americas LLC, NUHOM S EOS Dry Spent

Fuel Storage System listing within the List of approved spent fuel storage casks to

include Amendment No. 3 to Certificate of Compliance No. 1042. Amendment No. 3

revises the certificate of compliance to a dd three new heat load zone configurations, add

a variable-lead thickness transfer cask, add ATRIUM 11 fuel as an allowable content,

update the criticality evaluation, allow ultrasonic testing of the outer top cover plate weld,

reduce the time limit for transfer of two heat load zone config urations, incorporate a

method to determine new loading patterns, waive a fabrication p ressure test

requirement, and make conforming changes for consistency and te rminology

clarification. Amendment No. 3 also includes additional change s associated with

consideration of severe weather, maintaining water in the annul us, and design changes to the Matrix Loading Crane.

DATES: This direct final rule is effective July 17, 2023, unless sig nificant adverse

comments are received by June 1, 2023. If this direct final ru le is withdrawn as a result

of such comments, timely notice of the withdrawal will be publi shed in the Federal

Register. Comments received after this date will be considered if it i s practical to do so,

but the NRC is able to ensure cons ideration only for comments received on or before

this date. Comments received on this direct final rule will al so be considered to be

comments on a companion proposed rule published in the Proposed Rules section of

this issue of the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID NRC-2023-0050,

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, telephone: 301-415-

6825, e-mail: Christian.Jacobs@nrc.gov or Caylee Kenny, telephone: 301-415-7150, e-

mail: Caylee.Kenny@nrc.gov. Both are staff of the U.S. Nuclear Regulatory

Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

2 TABLE OF CONTENTS:

I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Im pact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2023-0050 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-2023-0050. 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

3 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 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, Monday thro ugh Friday, except

Federal holidays.

B. Submitting Comments

Please include Docket ID NRC-2023-0050 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 individual s 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

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

4 available to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

This rule is limited to the changes contained in Amendment No. 3 to Certificate of

Compliance No. 1042 and does not include other aspects of the T N Americas LLC,

NUHOMS EOS Dry Spent Fuel Storage System design. The NRC is using th e direct

final rule procedure to issue this amendment because it repres ents a limited and routine

change to an existing certificate of compliance that is expecte d to be non-controversial.

Adequate protection of public health and safety continues to be reasonably assured.

The amendment to the rule will becom e effective on July 17, 202 3. However, if the NRC

receives any significant adverse comment on this direct final r ule by June 1, 2023, then

the NRC will publish a document that withdraws this action and will subsequently

address the comments received in a final rule as a response to the companion proposed

rule published in the Proposed Rules section of this issue of t he Federal Register or as

otherwise appropriate. In general, absent significant modifica tions to the proposed

revisions requiring republication, the NRC will not initiate a second comment period on

this action.

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 sufficie nt 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

5 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, certificate of compliance, or technical specifications (T S).

III. Background

Section 218(a) of the Nuclear Waste Policy Act of 1982, as ame nded, 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

6 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 24, 2017 (82 FR 14987 ), that approved the TN

Americas LLC, NUHOMS EOS Dry Spent Fuel Storage System design and added it to

the list of NRC-approved cask designs in § 72.214 as Certificat e of Compliance No.

1042.

IV. Discussion of Changes

On March 31, 2021, TN Americas LLC submitted a request to the N RC to amend

Certificate of Compliance No. 1042. TN Americas LLC supplement ed its request on the

following dates: June 23, 2021, August 4, 2021, September 3, 2 021, October 22, 2021,

November 30, 2021, February 25, 2022, June 7, 2022, June 29, 20 22, September 30,

2022, October 31, 2022, November 14, 2022, and December 21, 202 2. The applicant

requested nine changes to the CoC in its initial submittal, and then requested three

additional changes in later submittals.

Amendment No. 3 revises the certificate and compliance and tech nical

specifications (TS) to make the following nine changes that wer e requested in the March

31, 2021, submittal:

Add three new heat load zone configurations (HLZCs) No. 4, 5, an d 6 for the

EOS-89BTH Dry Shielded Canister (DSC). This change includes a revision

to the maximum heat load of the of the EOS-89BTH DSC to 48.2 kW per

DSC, and the maximum heat load for any single assembly to 1.7 k W. This

revision reduces the minimum cooling time from two years to one year.

7

Add a variable-lead thickness EOS-TC125 transfer cask with min imum and

maximum values for thickness for use with the EOS-89BTH DSC to decrease

the lead thickness from the previously analyzed design.

Add ATRIUM 11 fuel as an allowable content in the EOS-89BTH DSC t o

allow offloading of pools with this fuel type. This change als o reran the

limiting GNF2 and ABB-10-C fuel type cases to reduce the statis tical

uncertainties and increase the enrichment limits.

Update the criticality evaluation to allow short-loading con figurations of

Boiling Water Reactor fuel in the EOS-89BTH DSC with less than 89 fuel

assemblies to increase the enrichment limits.

Revise the TS to allow for phased array automated ultrasonic t esting and

utilize a single pass high amperage gas tungsten arc weld or mu ltipass gas

tungsten arc weld on the outer top cover plate. This change al lows for the

use of a single high amperage gas tungsten arc weld for a faste r weld,

resulting in less occupational exposure. This change also allo ws for the use

of ultrasonic testing to verify the weld, which allows for more stringent weld

examination.

Revise the TS to reduce EOS-37PTH HLZCs 1 and 2 time limit for transfer to

eight hours to make the time limit for transfer consistent amon g EOS-37PTH

DSCs with transfer time limits.

Incorporate a method to determine new loading patterns based o n the

maximum allowable heat load per DSC and per location specified in the TS.

All HLZCs and time limits for transfer for the EOS-89BTH DSC tr ansferred in

the EOS-TC125 are moved from the TS to the Updated Final Safety Analysis

Report (UFSAR) Chapter 2. This introduces the ability to allow flexibility in

8 developing heat loading plans, in particular when performing fu ll-core offload

of shutdown cores.

Waive the fabrication pressure test required in American Society of

Mechanical Engineers Boiler and Pressure Vessel Code,Section I II, NB-6000

for the EOS-37PTH and the EOS-89BTH DSCs with a single piece bo ttom

forging.

Make conforming changes to TS and USFAR for consistency among DSC

types and terminology clarification.

In addition to the nine changes requested by applicant in their letter dated March

31, 2021, the applicant requested three additional scope change s in letters dated

October 22, 2021, June 29, 2022, and September 30, 2022. The t hree additional scope

changes include:

UFSAR revisions associated with transfer cask lifting heights and

consideration of severe weather. The revisions include a revis ed definition of

Safe Condition and Forecast within the UFSAR to incorporate o ther

forecasted weather conditions where the wind gust is expected t o exceed the

off-normal design condition operating wind limit of 44mph as de fined in ASME

NOG-1 with respect to the independent spent fuel storage instal lation (ISFSI)

equipment Matrix Loading Crane (MX-LC).

UFSAR revisions associated with maintaining water in the annul us by

preventing and mitigating boiling occurring in the water in the TC/DSC

annulus through demineralized water replenishment operations.

Design changes to the MX-LC, including use of wheel chocks, to allow the

MX-LC to be used as a single-failure-proof handing device to lo ad DSCs into

the HSM-MX above the maximum lifting height. This revision doe s not apply

9 to the transfer and retrieval of the NUHOMS 61BTH Type 2 DSC t o and

from the HSM-MX using the MX-LC, which has not been analyzed or

approved for use under Amendment No. 3.

The changes to the aforementioned documents are identified with revisions bars

in the margin of each document.

As documented in the preliminary safety evaluation report, the NRC performed a

safety evaluation of the proposed certificate of compliance ame ndment request. The

NRC determined that this amendment does not reflect a significa nt change in design or

fabrication of the cask. Specifically, the NRC determined that the design of the cask

would continue to maintain confinement, shielding, and critical ity control in the event of

each evaluated accident condition. In addition, any resulting occupational exposure or

offsite dose rates from the implementation of Amendment No. 3 w ould remain well within

the limits specified by 10 CFR part 20, Standards for Protecti on Against Radiation.

Therefore, the NRC found there will be no significant change in the types or amounts of

any effluent released, no significant increase in the individua l or cumulative radiation

exposure, and no significant increase in the potential for or c onsequences from

radiological accidents.

The NRC determined that the amended NUHOMS EOS Dry Spent Fuel Storage

System cask design, when used under the conditions specified in the certificate of

compliance, the TS, and the NRCs regulations, will meet the re quirements of 10 CFR

part 72; therefore, adequate protection of public health and sa fety will continue to be

reasonably assured. When this direct final rule becomes effect ive, persons who hold a

general license under § 72.210 may, consistent with the license conditions under

§ 72.212, load spent nuclear fuel into TN Americas LLC, NUHOMS EOS Dry Spent

Fuel Storage System casks that m eet the criteria of Amendment No. 3 to Certificate of

Compliance No. 1042.

10 V. Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995 ( Pub. L. 104-

113) requires that Federal agencies use technical standards tha t are developed or

adopted by voluntary consensus standards bodies unless the use of such a standard is

inconsistent with applicable law or otherwise impractical. In this direct final rule, the

NRC revises the NUHOMS EOS Dry Spent Fuel Storage System design listed in

§ 72.214, List of approved spent fuel storage casks. This ac tion does not constitute

the establishment of a standard that contains generally applica ble requirements.

VI. Agreement State Compatibility

Under the Agreement State Program Policy Statement approved by the

Commission on October 2, 2017, and published in the Federal Register on October 18,

2017 (82 FR 48535), this rule is classified as Compatibility Ca tegory NRC - Areas of

Exclusive NRC Regulatory Authority. The NRC program elements i n this category are

those that relate directly to areas of regulation reserved to t he NRC by the Atomic

Energy Act of 1954, as amended, or the provisions of 10 CFR cha pter I. Therefore,

compatibility is not required for program elements in this cate gory.

VII. Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federa l agencies to

write documents in a clear, concise, and well-organized manner. The NRC has written

this document to be consistent with the Plain Writing Act as we ll as the Presidential

11 Memorandum, Plain Language in Government Writing, published J une 10, 1998 (63

FR 31885).

VIII. Environmental Assessment and Finding of No Significant I mpact

Under the National Environmental Policy Act of 1969, as amende d, and the

NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for

Domestic Licensing and Related Regulatory Functions, the NRC h as determined that

this direct final rule, if adopted, would not be a major Federa l action significantly affecting

the quality of the human environment and, therefore, an environ mental impact statement

is not required. The NRC has made a finding of no significant impact on the basis of this

environmental assessment.

A. The Action

The action is to amend § 72.214 to revise the TN Americas LLC NUHOMS EOS

Dry Spent Fuel Storage System listing within the List of appro ved spent fuel storage

casks to include Amendment No. 3 to Certificate of Compliance No. 1042.

B. The Need for the Action

This direct final rule amends the certificate of compliance for the TN Americas

LLC NUHOMS EOS Dry Spent Fuel Storage System design within the list of ap proved

spent fuel storage casks to allow power reactor licensees to st ore spent fuel at reactor

sites in casks with the approved modifications under a general license. Specifically,

Amendment No. 3 revises the certificate of compliance to: a dd three new HLZCs for the

EOS-89BTH DSC, with increased heat load up to 1.7 kW per fuel a ssembly, which

reduces the minimum cooling time to one year; add a variable-lead thickness EOS-

TC125 for transfer with the EOS-89BTH DSC; add ATRIUM 11 fuel as an allowable

12 content in the EOS-89BTH DSC and rerun the limiting GNF2 and AB B-10-C cases to

reduce the statistical uncertainties and increase the enrichmen t limits; update the

criticality evaluation to allow short-loading the EOS-89BTH DSC with less than 89 fuel

assemblies to increase the enrichment limits; revise the TS to allow for phased array

automated ultrasonic testing and utilize a single pass high amp erage gas tungsten arc

weld or multipass gas tungsten arc weld on the outer top cover plate; revise the TS to

reduce EOS-37PTH HLZC 1 and 2 time limit for transfer to eight hours; incorporate a

method to determine new loading patterns based on the maximum a llowable heat load

per DSC and per location specified in the TS and move all HLZCs and time limits for

transfer for the EOS-89BTH DSC transferred in the EOS-TC125 fro m the TS to UFSAR

Chapter 2; waive the fabrication pressure test requirement or t he single bottom forging

EOS-DSCs; and make minor changes to TS and USFAR for consistenc y among DSC

types and terminology clarifica tion. Additionally, Amendment No. 3 includes changes

associated with consideration of severe weather; changes associ ated with maintaining

water in the annulus; and design changes to the Matrix Loading Crane.

C. Environmental Impacts of the Action

On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part

72 to provide for the storage of spent fuel under a general lic ense in cask designs

approved by the NRC. The potential environmental impact of using NRC-approved

storage casks was analyzed in the environmental assessment for the 1990 final rule.

The environmental assessment for this Amendment No. 3 tiers off the environmental

assessment for the July 18, 1990, final rule. Tiering on past environmental assessments

is a standard process under the National Environmental Policy A ct of 1969, as amended.

TN Americas LLC NUHOMS EOS Dry Spent Fuel Storage System is designed

to mitigate the effects of design basis accidents that could oc cur during storage. Design

basis accidents account for human-induced events and the most s evere natural

13 phenomena reported for the site and surrounding area. Postulat ed accidents analyzed

for an ISFSI, the type of facility at which a holder of a power reactor operating license

would store spent fuel in casks in accordance with 10 CFR part 72, can include tornado

winds and tornado-generated missiles, a design basis earthquake, a design basis flood,

an accidental cask drop, lightning effects, fire, explosions, a nd other incidents.

This amendment does not reflect a significant change in design or fabrication of

the cask. Because there are no significant design or process c hanges, any resulting

occupational exposure or offsite dose rates from the implementa tion of Amendment

No. 3 would remain well within the 10 CFR part 20 limits. The NRC has also determined

that the design of the cask as modified by this rule will maint ain confinement, shielding,

and criticality control in the event of an accident. Therefore, the proposed changes will

not result in any radiological or non-radiological environmenta l impacts that significantly

differ from the environmental impacts evaluated in the environm ental assessment

supporting the July 18, 1990, final rule. There will be no sig nificant change in the types

or significant revisions in t he amounts of any effluent released, no significant increase in

the individual or cumulative radiation exposures, and no signif icant increase in the

potential for, or consequences from, radiological accidents. T he NRC documented its

safety findings in the preliminary safety evaluation report.

D. Alternative to the Action

The alternative to this action is to deny approval of Amendmen t No. 3 and not

issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that

seeks to load spent nuclear fuel into the TN Americas LLC NUHOM S EOS Dry Spent

Fuel Storage System in accordance with the changes described in proposed

Amendment No. 3 would have to request an exemption from the requirements of §§

72.212 and 72.214. Under this alternative, interested licensee s would have to prepare,

and the NRC would have to review, a separate exemption request, thereby increasing

14 the administrative burden upon the NRC and the costs to each li censee. The

environmental impacts would be the same as the proposed action.

E. Alternative Use of Resources

Approval of Amendment No. 3 to Certificate of Compliance No. 1 042 would result

in no irreversible commitment of resources.

F. Agencies and Persons Contacted

No agencies or persons outside the NRC were contacted in conne ction with the

preparation of this environmental assessment.

G. Finding of No Significant Impact

The environmental impacts of the action have been reviewed und er the

requirements in the National Environmental Policy Act of 1969, as amended, and the

NRCs regulations in subpart A of 10 CFR part 51, Environmenta l Protection

Regulations for Domestic Licensing and Related Regulatory Funct ions. Based on the

foregoing environmental assessment, the NRC concludes that this direct final rule, List

of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS EOS Dry Spent

Fuel Storage System, Certificate of Compliance No. 1042, Amendm ent No. 3, will not

have a significant effect on the human environment. Therefore, the NRC has

determined that an environmental impact statement is not necess ary for this direct final

rule.

IX. Paperwork Reduction Act Statement

This direct final rule does not contain any new or amended coll ections of

information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Existing collections of informat ion were approved by the Office of Management and

Budget, approval number 3150-0132.

15 Public Protection Notification

The NRC may not conduct or sponsor, and a person is not requir ed to respond

to, a request for information or an information collection requ irement unless the

requesting document displays a currently valid Office of Manage ment and Budget

control number.

X. Regulatory Flexibility Certification

Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies

that this direct final rule will not, if issued, have a signifi cant economic impact on a

substantial number of small entities. This direct final rule a ffects only nuclear power

plant licensees and TN Americas LLC. These entities do not fal l within the scope of the

definition of small entities set forth in the Regulatory Flexib ility Act or the size standards

established by the NRC (§ 2.810).

XI. Regulatory Analysis

On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part

72 to provide for the storage of spent nuclear fuel under a gen eral license in cask

designs approved by the NRC. Any nuclear power reactor license e can use NRC-

approved cask designs to store spent nuclear fuel if: 1) it not ifies the NRC in advance; 2)

the spent fuel is stored under the conditions specified in the casks certificate of

compliance; and 3) the conditions of the general license are me t. A list of NRC-

approved cask designs is contained in § 72.214. On March 24, 2 017 (82 FR 14987), the

16 NRC issued an amendment to 10 CFR part 72 that approved the TN Americas LLC,

NUHOMS EOS Dry Spent Fuel Storage System by adding it to the l ist of NRC-

approved cask designs in § 72.214.

On March 31, 2021, and as supplemented on June 23, 2021, Augus t 4, 2021,

September 3, 2021, October 22, 2021, November 30, 2021, Februar y 25, 2022, June 7,

2022, June 29, 2022, September 30, 2022, October 31, 2022, Nove mber 14, 2022, and

December 21, 2022, TN Americas LLC submitted a request to amend the NUHOMS

EOS Dry Spent Fuel Storage System as described in Section IV, Discussion of

Changes, of this document.

The alternative to this action is to withhold approval of Amen dment No. 3 and to

require any 10 CFR part 72 general licensee seeking to load spe nt nuclear fuel into TN

Americas LLC, NUHOMS EOS Dry S pent Fuel Storage System casks u nder the

changes described in Amendment No. 3 to request an exemption fr om the requirements

of §§ 72.212 and 72.214. Under this alternative, each interest ed 10 CFR part 72

licensee would have to prepare, and the NRC would have to revie w, a separate

exemption request, thereby increas ing the administrative burden upon the NRC and the

costs to each licensee.

Approval of this direct final rule is consistent with previous NRC actions. Further,

as documented in the preliminary safety evaluation report and e nvironmental

assessment, this direct final rule will have no adverse effect on public health and safety

or the environment. This direct final rule has no significant identifiable impact or benefit

on other government agencies. Based on this regulatory analysi s, the NRC concludes

that the requirements of this direct final rule are commensurat e with the NRC's

responsibilities for public health and safety and the common de fense and security. No

other available alternative is believed to be as satisfactory; therefore, this action is

recommended.

17 XII. Backfitting and Issue Finality

The NRC has determined that the backfit rule (§ 72.62) does no t apply to this

direct final rule. Therefore, a backfit analysis is not requir ed. This direct final rule

revises Certificate of Compliance No. 1042 for the TN Americas LLC NUHOMS EOS

Dry Spent Fuel Storage System, as currently listed in § 72.214. The revision consists of

the changes in Amendment No. 3 previously described, as set for th in the revised

certificate of compliance and TS.

Amendment No. 3 to Certificate of Compliance No. 1042 for the TN Americas

LLC NUHOMS EOS Dry Spent Fuel Storage System was initiated by TN Americas

LLC and was not submitted in response to new NRC requirements, or an NRC request

for amendment. Amendment No. 3 applies only to new casks fabri cated and used under

Amendment No. 3. These changes do not affect existing users of the TN Americas LLC

NUHOMS EOS Dry Spent Fuel Storage System, and current Amendmen t Nos. 0-2

continue to be effective for existing users. While current use rs of this storage system

may comply with the new requirements in Amendment No. 3, this w ould be a voluntary

decision on the part of current users.

For these reasons, Amendment No. 3 to Certificate of Compliance No. 1042

does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent

an inconsistency with the issue finality provisions applicable to combined licenses in

10 CFR part 52. Accordingly, the NRC has not prepared a backfi t analysis for this

rulemaking.

XIII. Congressional Review Act

18 This direct final rule is not a rule as defined in the Congress ional Review Act.

XIV. 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 Proposed Certificate of Compliance and Proposed Technical Speci fications

Proposed Certificate of Compliance No.1042 ML23027A214 (Amendment No. 3)

Proposed Certificate of Compliance No. 1042 ML23027A216 Appendix A: NUHOMS EOS System Generic Technical Specifications Amendment 3 Preliminary Safety Evaluation Report for the ML23027A217 NUHOMS EOS System: Certificate of Compliance No. 1042 Amendment No. 3 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 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)

TN Americas, LLC, NUHOMS EOS Amendment 3 Application Documents

TN Americas LLC Application for Amendment ML21102A281 (package) 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 0 (March 31, 2021)

19 TN Americas LLC, Application for ML21174A231 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 1 -

Response to Request for Supplemental Information (June 23, 2021)

TN Americas LLC, Application for ML21209A098 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 2 -

Revised Response to OBS 4-6 (August 4, 2021)

TN Americas LLC, Application for ML21246A136 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 3 -

Revised Response to OBS 4-5 and Revised UFSAR Pages (September 3, 2021)

TN Americas LLC, Application for ML21295A260 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 3a-Amendment Scope Change (October 22, 2021)

TN Americas LLC, Application for ML21334A206 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 4 -

Response to Request for Additional Information (November 30, 2021)

TN Americas LLC, Application for ML22056A458 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 5 -

Response to Request for Additional Information (New Scope) and Revised Responses to Request for Additional Information (February 25, 2022)

TN Americas LLC, Application for ML22158A293 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 6 -

Revised Responses to Request for Additional Information (June 7, 2022)

TN Americas LLC, Application for ML22180A266 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 7 -

Clarification Regarding Annulus Temperatures During Vacuum Drying Operations (June 29, 2022)

TN Americas LLC, Application for ML22273A031 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 8 - ASME NOG-1 Compliance and the Matrix Loading Crane (September 30, 2022)

TN Americas LLC, Application for ML22304A217 Amendment 3 to NUHOMS EOS Certificate

20 of Compliance No. 1042, Revision 9 -

Clarifications Regarding Annulus Water, MX-LC Alignment, and Seismic Damping Values (October 31, 2022)

TN Americas LLC, Application for ML22318A205 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 10 -

Additional Information regarding ASME NOG-1 Compliance and the Matrix Loading Crane (November 14, 2022)

TN Americas LLC, Application for ML22355A219 Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 11 -

Response to Request for Additional Information (New Scope Addition #3 - ASME NOG-1 Exceptions) and Clarifications Regarding Annulus Water (December 21, 2022)

Title:

Final Safety Analysis Report for the NUHOMS EOS Dr y Spent Fuel

Storage System.

Docket Number: 72-1042.

Certificate Expiration Date: June 7, 2037.

Model Number: EOS-37PTH, EOS-89BTH, 61BTH Type 2.

Dated: April 25, 2023.

For the Nuclear Regulatory Commission.

/RA/

Catherine Haney, Acting Executive Director for Operations.

23

ML23073A367

Text

SUMMARY

Title:

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