ML23103A212
| ML23103A212 | |
| Person / Time | |
|---|---|
| Issue date: | 04/21/2023 |
| From: | Cindy Bladey NRC/NMSS/DREFS/RASB |
| To: | |
| References | |
| NRC-2022-0109, RIN 3150-AK86 | |
| Download: ML23103A212 (7) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0109]
RIN 3150-AK86
List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100
Cask System, Certificate of Compliance No. 1014, Renewal of Ini tial Certificate and
Amendment Nos. 1 Through 15; Delay of Effective Date
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; delay of effective date.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is delaying the e ffective
date of a direct final rule published in the Federal Register on February 13, 2023. The
direct final rule renews the initial certificate (Amendment 0) and Amendment Nos. 1
through 15 of the Holtec International HI-STORM 100 Certificate of Compliance
No. 1014 for 40 years and revises the certificate of compliance s conditions and
technical specifications to address aging management activities 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. The delay is necessary for the NRC to evaluate the public comments
submitted on the direct final rule.
DATES: The effective date of May 1, 2023, for the direct final rule p ublished February
13, 2023 (88 FR 9106), is delayed indefinitely. The NRC will publish a subsequent
document in the Federal Register either announcing a new effective date or withdrawing
the direct final rule.
ADDRESSES: Please refer to Docket ID NRC-2022-0109 when contacting the NRC
about the availability of information for this action. You may obtain publicly available
information related to this action by any of the following meth ods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2022-0109. Address questions about NRC dockets to Dawn
Forder; telephone: 301-415-3407; email: Dawn.Forder@nrc.gov. Fo r technical
questions, contact the individual 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 ADAMS 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 wit h ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. For the conv enience 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 White Flint Nor th, 11555 Rockville
Pike, 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 a.m.
and 4 p.m. eastern time, Monday through Friday, except Federal holidays.
2 FOR FURTHER INFORMATION CONTACT: James Firth, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission; Wash ington DC 20555-
0001; telephone: 301-415-6628; email: James.Firth@nrc.gov.
SUPPLEMENTARY INFORMATION: On February 13, 2023, the NRC published a direct
final rule (88 FR 9106) and a companion proposed rule (88 FR 91 95) amending its
regulations in part 72 of title 10 of the Code of Federal Regulations to revise the Holtec
International HI-STORM 100 Cask System listing within the List of approved spent fuel
storage casks to renew the initial certificate (Amendment No. 0) and Amendment Nos. 1
through 15 to Certificate of Compliance No. 1014. The renewal o f the initial certificate
and Amendment Nos. 1 through 15 for 40 years revises the certif icate of compliances
conditions and technical specifications to address aging manage ment activities related
to the structures, systems, and components important to safety of the dry storage
system to ensure that these will maintain their intended functi ons during the period of
extended storage operations.
In the direct final rule published on February 13, 2023 (88 FR 9106), the NRC
stated that if no significant adverse comments were received, t he direct final rule would
become effective on May 1, 2023. In response to requests for ex tension of the public
comment period, on March 22, 2023, the NRC reopened the public comment period
(88 FR 17164) until April 14, 2023. In total, the NRC received and docketed eight
comment submissions on the companion proposed rule (88 FR 9195; February 13,
2023), that included requests for the NRC to extend the public comment period. An
electronic copy of the comment submissions can be obtained from the Federal
Rulemaking website https://www.regulations.gov under Docket ID NRC-2022-0109 and
they are also available in ADAMS using the Accession numbers sh own in the table in the
Availability of Documents section.
3 In the direct final rule (88 FR 9106; February 13, 2023), the N RC originally
provided a 45-day period between the close of the public commen t period and the
effective date of the direct final rule to allow the NRC suffic ient time to evaluate whether
any of the comments received are significant adverse comments a nd, if so, to prepare
and publish a withdrawal of the direct final rule. After reopen ing the public comment
period and receiving additional comments, the effective date of May 1, 2023, will not
allow the NRC sufficient time to evaluate the comments.
Therefore, in order to provide the NRC with sufficient time to consider whether
any of the comments received are significant adverse comments, the direct final rule will
not become effective as scheduled.
The NRC will complete its evaluation of the public comments on the direct final
rule and will publish a subsequent notice indicating either tha t the NRC is moving
forward with the direct final rule, and if so, providing a new effective date, or that the
NRC is withdrawing the direct final rule and moving forward und er the companion
proposed rule (88 FR 9195; February 13, 2023).
Availability of Documents
The documents identified in the following table are available t o interested
persons through one or more of the following methods, as indica ted.
DOCUMENT ADAMS ACCESSION NO. /
FEDERAL REGISTER CITATION List of Approved Spent Fuel Storage Casks: 88 FR 9195 Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 Through 15; Proposed rule (February 13, 2023)
List of Approved Spent Fuel Storage Casks: 88 FR 9106 Holtec International HI-STORM 100 Cask
4 System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 Through 15; Direct Final Rule:
Environmental Assessment and Final Finding of No Significant Impact. (February 13, 2023)
List of Approved Spent Fuel Storage Casks: 88 FR 17164 Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 Through 15; Proposed rule; Reopening of Comment Period.
(March 22, 2023)
Comment (001) from Brian Gutherman on ML23046A406 PR List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15 Comment (002) from Renante Baniaga on ML23046A407 PR List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15 Comment (003) from Michael Ford on PR-72 ML23073A116
- List of Approved Spent Fuel Storage Casks:
Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15 Comment (004) from Kalene Walker on ML23075A156 PR List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15 Comment Period Extension Request from ML23073A095 NIRS, et al. on PR List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15 Comment (005) from NIRS, et al. on PR ML23107A144 List of Approved Spent Fuel Storage Casks:
Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15.
5 Comment (006) from Michael Ford on PR-72 ML23108A278
- List of Approved Spent Fuel Storage Casks:
Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15.
Comment (007) from Kalene Walker on PR-ML23108A279 72 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No.
1014, Renewal of Initial Certificate and Amendment Nos. 1 through 15.
The NRC may post materials related to this document, including public
comments, on the Federal rulemaking website at https://www.regu lations.gov under
Docket ID NRC-2022-0109.
Dated: April 21, 2023.
For the Nuclear Regulatory Commission.
/RA/
Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards.
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SUBJECT:
List of Approved Spent Fuel Storage Casks: Holtec Inte rnational HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Rene wal of Initial Certificate and Amendment Nos. 1 Through 15 [RIN 315 0-AK86; NRC-2022-0109]; Delay of Effective Date DATED: April 20, 2023
ADAMS Accession No.: ML23103A211 *via email OFFICE REFS/MRPB DFM/STLB REFS/MRPB REFS/RASB NAME JFirth KBanovac MDeJesus for KCastellon DBearde DATE 04/19/2023 04/19/2023 04/20/2023 04/20/2023 OFFICE REFS/MRPB DFM/STLB OGC - NLO REFS/RASB NAME JShepherd YDiaz-Sanabria* TJones* CBladey DATE 04/19/2023 04/20/2023 04/20/2023 04/21/2023
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