ML24036A059
| ML24036A059 | |
| Person / Time | |
|---|---|
| Site: | 07201015 |
| Issue date: | 04/09/2024 |
| From: | Raymond Furstenau NRC/EDO |
| To: | |
| Shared Package | |
| ml24036a040 | List: |
| References | |
| 89 FR 33291, RIN 3150-AL07, NRC-2024-0034, 10 CFR 72 | |
| Download: ML24036A059 (11) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2024-0034]
RIN 3150-AL07
List of Approved Spent Fuel Storage Casks: NAC International, Inc., NAC-UMS
Universal Storage System, Certificate of Compliance No. 1015, Renewal of Initial
Certificate and Amendment Nos. 1 through 9
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 NAC International, Inc., NAC-UMS
Universal Storage System listing within the List of approved spent fuel storage casks to
renew the initial certificate and Amendment Nos. 1 through 9 of Certificate of
Compliance No. 1015. The renewal of the initial certificate of compliance and
Amendment Nos. 1 through 9 for 40 years changes the certificates 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.
DATES: Submit comments by May 29, 2024. 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-2024-0034,
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.
You can read a plain language description of this proposed rule at
https://www.regulations.gov/docket/NRC-2024-0034. For additional direction on
obtaining information and submitting co mments, see Obtaining Information and
Submitting Comments in the SUPPLEME NTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Christopher Markley, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6293, email:
Christopher.Markley@nrc.gov and Greg Trussell, Office of Nuclear Material Safety and
Safeguards, telephone: 301-415-6244, email: Gregory.Trussell@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
2 I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0034, 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-2024-0034. Address questions about NRC dockets to Helen
Chang, telephone: 301-415-3228, email: Helen.Chang@nrc.gov. For technical questions
contact the individual 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: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. 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.
B. Submitting Comments
3 The NRC encourages electronic comment submission through the Federal
rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2024-
0034 in your comment submission.
The NRC cautions you not to include identif ying or contact information that you
do not want to be publicly disclosed in y our comment submission. The NRC will post all
comment submissions at https://www.regulat ions.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 w ant 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
become effective on July 15, 2024. However, if the NRC receives any significant
adverse comment by May 29, 2024, 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.
4 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 iss ue 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
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
5 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 te chnology 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 October 19, 2000 (65 FR 62581), that approved the
NAC-UMS Universal Storage System design and added it to the list of NRC-approved
cask designs in § 72.214 as Certificate of Compliance (CoC) No. 1015.
On August 28, 2007 (72 FR 49352), the NRC amended the scope of the general
licenses issued under 10 CFR 72.210 to include the storage of spent fuel in an
independent spent fuel storage installations (ISFSI) 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 and L in 10 CFR part
72, to extend and clarify the term limits for certificates of compliance and to revise the
conditions for spent fuel storage cask renewals, including adding requirements for the
safety analysis report to include time-limited aging analyses and 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 that extending the term of a
currently approved cask design is based on the cask design standards in effect at the
time the CoC was approved rather than current standards.
IV. Plain Writing
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. / WEB LINK / FEDERAL REGISTER CITATION Proposed Certificate of Compliance
Proposed Renewed Certificate of ML23213A151 Compliance No. 1015, Renewed Initial Certificate Proposed Renewed Certificate of ML23213A152 Compliance No. 1015, Renewed Amendment 1 Proposed Renewed Certificate of ML23213A153 Compliance No. 1015, Renewed Amendment 2
7 Proposed Renewed Certificate of ML23213A154 Compliance No. 1015, Renewed Amendment 3 Proposed Renewed Certificate of ML23213A155 Compliance No. 1015, Renewed Amendment 4 Proposed Renewed Certificate of ML23213A156 Compliance No. 1015, Renewed Amendment 5 Proposed Renewed Certificate of ML23213A157 Compliance No. 1015, Renewed Amendment 6 Proposed Renewed Certificate of ML23213A158 Compliance No. 1015, Renewed Amendment 7 Proposed Renewed Certificate of ML23213A159 Compliance No. 1015, Renewed Amendment 8 Proposed Renewed Certificate of ML23213A160 Compliance No. 1015, Renewed Amendment 9 Preliminary Safety Evaluation Report
Preliminary Safety Evaluation Report for ML23213A161 Renewed Certificate of Compliance No.
1015, Amendments Nos. 1 through 9 Proposed Conditions for Cask Use and Technical Specifications
Proposed Conditions for Cask Use and ML23213A164 Technical Specifications, Renewed Initial Certificate Proposed Conditions for Cask Use and ML23213A166 Technical Specifications, Renewed Amendment 1 Proposed Conditions for Cask Use and ML23213A168 Technical Specifications, Renewed Amendment 2 Proposed Conditions for Cask Use and ML23213A171 Technical Specifications, Renewed Amendment 3, Appendix A Proposed Conditions for Cask Use and ML23213A178 Technical Specifications, Renewed Amendment 3, Appendix B Proposed Conditions for Cask Use and ML23213A172 Technical Specifications, Renewed Amendment 4, Appendix A Proposed Conditions for Cask Use and ML23213A179 Technical Specifications, Renewed Amendment 4, Appendix B
8 Proposed Conditions for Cask Use and ML23213A173 Technical Specifications, Renewed Amendment 5, Appendix A Proposed Conditions for Cask Use and ML23213A180 Technical Specifications, Renewed Amendment 5, Appendix B Proposed Conditions for Cask Use and ML23213A174 Technical Specifications, Renewed Amendment 6, Appendix A Proposed Conditions for Cask Use and ML23213A181 Technical Specifications, Renewed Amendment 6, Appendix B Proposed Conditions for Cask Use and ML23213A175 Technical Specifications, Renewed Amendment 7, Appendix A Proposed Conditions for Cask Use and ML23213A182 Technical Specifications, Renewed Amendment 7, Appendix B Proposed Conditions for Cask Use and ML23213A176 Technical Specifications, Renewed Amendment 8, Appendix A Proposed Conditions for Cask Use and ML23213A183 Technical Specifications, Renewed Amendment 8, Appendix B Proposed Conditions for Cask Use and ML23213A177 Technical Specifications, Renewed Amendment 9, Appendix A Proposed Conditions for Cask Use and ML23213A184 Technical Specifications, Renewed Amendment 9, Appendix B 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 Findings of ML100710441 No Significant Impact for the Final Rule Amending 10 CFR Part 72 License and Certificate of Compliance Terms. (2010)
Generic Environmental Impact Statement for ML14198A440 (package)
Continued Storage of Spent Nuclear Fuel:
Final Report (NUREG-2157, Volumes 1 and 2). (2014)
NAC International, Inc., NAC-UMS Universal Storage System Renewal Application Documents
9 NAC International, Inc., NAC-UMS ML20293A102 Universal Storage System, Certificate of Compliance (CoC) Renewal Application, October 13, 2020 NAC International, Inc., Request for ML22062A764 Additional Information Responses NAC-UMS Cask System, Revision 22A, March 3, 2022 Replacement Page for Responses to the ML22077A076 Nuclear Regulatory Commissions (NRC)
Request for Additional Information for the Request to Renew the NAC-UMS Cask System Certificate of Compliance No. 1015, March 18, 2022 NAC, Supplement to the NRCs Request for ML22209A078 (package)
Additional Information for the Request to Renew the NAC-UMS Cask System Certificate of Compliance No. 1015, July 28, 2022 Request to Withdraw Administrative ML22355A120 Controls for Adverse Weather Events During Operations from NAC-MPC CoC Renewal Application, December 21, 2022 Other Documents
General License for Storage of Spent Fuel 55 FR 29181 at Power Reactor Sites. (July 18, 1990)
Licenses, Certifications, and Approvals for 72 FR 49352 Nuclear Power Plants. (August 28, 2007)
License and Certificate of Compliance 76 FR 8872 Terms. (February 16, 2011)
Agreement State Program Policy 82 FR 48535 Statement; Correction. (October 18, 2017)
Nuclear Energy Institute NEI 14-03, ML16356A210 Revision 2, Format, Content and Implementation Guidance for Dry Cask Storage Operations-Based Aging Management. (December 21, 2016)
Regulatory Guide 3.76, Revision 0, ML21098A022 Implementation of Aging Management Requirements for Spent Fuel Storage Renewals. (July 31, 2021)
List of Approved Spent Fuel Storage 65 FR 62581 Casks: NAC-UMS Addition. (October 19, 2000)
Presidential Memorandum, Plain Language 63 FR 31885 in Government Writing. (June 10, 1998)
10 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-2024-0034. 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-2024-0034); 2) click the Subscribe
link; and 3) enter an email address and click on the Subscribe link.
Dated: April 9, 2024.
For the Nuclear Regulatory Commission.
/RA/
Raymond Furstenau, Acting Executive Director for Operations.
11