ML23135A088

Enclosure 2: Companion Proposed Rule FRN: CoC No. 1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 Through 9

ML23135A088
Person / Time
Issue date:	07/18/2023
From:	Dan Dorman NRC/EDO
To:
Shared Package
ML23135A082	List: ML23135A088 ML23135A089
References
RIN 3150-AK99, NRC-2023-0085
Download: ML23135A088 (15)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72

[NRC-2023-0085]

RIN 3150-AK99 List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 through 9 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 Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031. Amendment No. 11 amends the certificate of compliance to add a new concrete cask, transfer cask, fuel baskets and revised contents. Amendment No. 11 also adds a definition for the concrete cask lid, revises the definition for the concrete cask to exclude the lid, adds a definition for the storage cask, and provides alternate fabrication criteria and techniques for the concrete cask lid. Amendment No. 12 and revisions to Amendment Nos. 0 through 9 add definitions for the storage cask and concrete cask lid, revise the definition of the concrete cask, and provide alternate fabrication criteria and techniques for the concrete cask lid to the certificate of

compliance.

DATES: Submit comments by August 30, 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-2023-0085, 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 instructions.

For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear Materials Safety and Safeguards, telephone: 301-415-6577, email: Bernard.White@nrc.gov and Irene Wu, Office of Nuclear Materials Safety and Safeguards, telephone: 301-415-1951, email: Irene.Wu@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 2

IV. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2023-0085 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 methods:

• Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0085. Address questions about 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 INFORMATION 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.html. To begin the search, select Begin Web-based ADAMS Search. For problems with 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 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 appointment to visit the PDR, please send 3

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.

B. Submitting Comments Please include Docket ID NRC-2023-0085 in your comment submission. 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 FURTHER INFORMATION CONTACT section of this document for alternate instructions.

The NRC cautions you not to include identifying or contact information 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 comment submissions to remove identifying or contact information.

If you are requesting or aggregating comments from other persons 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 disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

II. Rulemaking Procedure Because the NRC considers this action 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 4

become effective October 16, 2023. However, if the NRC receives any significant adverse comment by August 30, 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. In general, 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 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 rules underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; b) The comment raises an issue serious enough to warrant a substantive 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, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

3) The comment causes the NRC to make a change (other than editorial) to the rule.

For a more detailed discussion of the proposed rule changes and associated analyses, see the direct final rule published in the Rules and Regulations section of this 5

issue of the Federal Register.

III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires 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 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 civilian 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 publishing 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. The NRC subsequently issued a final rule on November 21, 2008 (73 FR 70587), 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 6

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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 June 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. /

FEDERAL REGISTER CITATION Documents Related to Initial Certificate (Amendment No. 0), Revision 2 Proposed Certificate of Compliance No. ML22220A151 1031, Amendment No. 0, Revision 2 Proposed Certificate of Compliance No. ML22220A152 1031, Amendment No. 0, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A154 1031, Amendment No. 0, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 7

NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 1, Revision 2 Proposed Certificate of Compliance No. ML22220A156 1031, Amendment No. 1, Revision 2 Proposed Certificate of Compliance No. ML22220A157 1031, Amendment No. 1, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A158 1031, Amendment No. 1, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 2, Revision 2 Proposed Certificate of Compliance No. ML22220A159 1031, Amendment No. 2, Revision 2 Proposed Certificate of Compliance No. ML22220A160 1031, Amendment No. 2, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A161 1031, Amendment No. 2, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR Storage System 8

Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 3, Revision 2 Proposed Certificate of Compliance No. ML22220A163 1031, Amendment No. 3, Revision 2 Proposed Certificate of Compliance No. ML22220A164 1031, Amendment No. 3, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A165 1031, Amendment No. 3, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 4, Revision 1 Proposed Certificate of Compliance No. ML22220A166 1031, Amendment No. 4, Revision 1 9

Proposed Certificate of Compliance No. ML22220A167 1031, Amendment No. 4, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A168 1031, Amendment No. 4, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 5, Revision 1 Proposed Certificate of Compliance No. ML22220A169 1031, Amendment No. 5, Revision 1 Proposed Certificate of Compliance No. ML22220A170 1031, Amendment No. 5, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A171 1031, Amendment No. 5, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 10

NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 6, Revision 1 Proposed Certificate of Compliance No. ML22220A172 1031, Amendment No. 6, Revision 1 Proposed Certificate of Compliance No. ML22220A173 1031, Amendment No. 6, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A174 1031, Amendment No. 6, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 7, Revision 1 Proposed Certificate of Compliance No. ML22220A175 1031, Amendment No. 7, Revision 1 Proposed Certificate of Compliance No. ML22220A176 1031, Amendment No. 7, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A177 1031, Amendment No. 7, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 11

NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 8, Revision 1 Proposed Certificate of Compliance No. ML22220A178 1031, Amendment No. 8, Revision 1 Proposed Certificate of Compliance No. ML22220A179 1031, Amendment No. 8, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A180 1031, Amendment No. 8, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22227A174 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment Nos. 0-8 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 9, Revision 1 Proposed Certificate of Compliance No. ML22220A181 1031, Amendment No. 9, Revision 1 Proposed Certificate of Compliance No. ML22220A182 1031, Amendment No. 9, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR Storage System 12

Proposed Certificate of Compliance No. ML22220A183 1031, Amendment No. 9, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22220A184 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Revision to Amendment No. 9 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 NAC International, MAGNASTOR Cask ML22216A110 System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated August 4, 2022 Documents Related to Amendment No. 11 Proposed Certificate of Compliance No. ML22220A185 1031, Amendment No. 11 Proposed Certificate of Compliance No. ML22220A186 1031, Amendment No. 11, Appendix A:

Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A187 1031, Amendment No. 11, Appendix B:

Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22220A188 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Amendment No. 11 NAC International, Submission of a Request ML20210M079 (package) to Amend Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System, Docket No. 72-1031, dated July 14, 2020 NAC International, Submission of RAI ML21242A053 (package)

Responses for the NAC International MAGNASTOR Cask System Amendment No. 11, Docket No. 72-1031, dated August 23, 2021 13

NAC International, Submission of ML22018A059 Supplemental Information to the RAI for the NAC International MAGNASTOR Cask System Amendment No. 11, Docket No. 72-1031, dated January 11, 2022 NAC International, Submission of ML22196A022 (package)

Supplemental Information to the RAI for the NAC International MAGNASTOR Cask System Amendment No. 11, Docket No. 72-1031, dated July 15, 2022 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 Documents Related to Amendment No. 12 Proposed Certificate of Compliance No. ML22220A189 1031, Amendment No. 12 Proposed Certificate of Compliance No. ML22220A190 1031, Amendment No. 12, Appendix A:

Technical Specifications for the MAGNASTOR Storage System Proposed Certificate of Compliance No. ML22220A191 1031, Amendment No. 12, Appendix B:

Technical Specifications for the MAGNASTOR Storage System Preliminary Safety Evaluation Report for NAC ML22220A192 International, Inc. MAGNASTOR Storage System: Certificate of Compliance No. 1031, Docket No. 72-1031, Amendment No. 12 NAC International, Submission of an ML22024A374 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated January 24, 2022 NAC International, Supplement to NACs ML22077A769 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, dated March 18, 2022 NAC International, Submittal of RAI ML22108A197 Response to Amendment Request for NAC International MAGNASTOR Cask System Amendment No. 12, dated April 18, 2022 Other Documents 14

User Need Memorandum for Amendment ML22220A150 Nos. 11 and 12, and Revision to Amendment Nos. 0 through 9 for the MAGNASTOR Storage System, dated March 7, 2023 Final Rule, Storage of Spent Fuel in NRC- 55 FR 29181 Approved Storage Casks at Power Reactor Sites, published July 18, 1990 Final Rule, List of Approved Spent Fuel 73 FR 70587 Storage Casks: MAGNASTOR Addition, published November 21, 2008 Revision to Policy Statement, Agreement 82 FR 48535 State Program Policy Statement; Correction, published October 18, 2017 Presidential Memorandum, Plain Language 63 FR 31885 in Government Writing, published June 10, 1998 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-2023-0085. In addition, the Federal rulemaking website allows members of the public to receive alerts when changes or additions occur in a docket folder. To subscribe: 1) navigate to the docket folder (NRC-2023-0085); 2) click the Subscribe link; and 3) enter an email address and click on the Subscribe link.

Dated: July 18, 2023.

For the Nuclear Regulatory Commission.

/RA/

Daniel H. Dorman, Executive Director for Operations.

15