ML24179A273

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1. User Need Memo for Revision to Amendment Nos. 0, 1, and 2 of the Certificate of Compliance No. 1040 for the HI-STORM Umax Canister Storage System
ML24179A273
Person / Time
Site: HI-STORM 100
Issue date: 09/18/2024
From: Yoira Diaz-Sanabria
Storage and Transportation Licensing Branch
To: James Shepherd
NRC/NMSS/DREFS/MRPB
Shared Package
ML24179A261 List:
References
EPID L-2023-LLA-0070, CAC 001208
Download: ML24179A273 (1)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO: Jill Shepherd, Chief Materials Rulemaking and Project Management Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards FROM: Yoira Diaz-Sanabria, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards

SUBJECT:

USER NEED FOR RULEMAKING FOR REVISION TO AMENDMENT NOS. 0, 1, AND 2 OF THE CERTIFICATE OF COMPLIANCE NO. 1040 FOR THE HI-STORM UMAX CANISTER STORAGE SYSTEM The purpose of this communication is to request support for rulemaking activities in the Division of Fuel Management (DFM) for the following Title 10 of the Code of Federal Regulations (10 CFR) Part 72 certification action:

1.

Changes to the 10 CFR 72.214 rule text (changes appear in bold):

Certificate Number: 1040.

Initial Certificate Effective Date: April 6, 2015, superseded by Initial Certificate, Revision 1 Effective Date: [insert 75 days from date of FR publication].

Amendment Number 1 Effective Date: September 8, 2015, superseded by Amendment Number 1, Revision 1 Effective Date: [insert 75 days from date of FR publication].

Amendment Number 2 Effective Date: January 9, 2017, superseded by Amendment Number 2, Revision 1 Effective Date: [insert 75 days from date of FR publication].

Amendment Number 3 [Reserved]

CONTACT: Kristina L. Banovac, NMSS/DFM 301-415-7116 September 18, 2024 Signed by Diaz-Sanabria, Yoira on 09/18/24

J. Shepherd 2

Amendment Number 4 Effective Date: January 25, 2021.

SAR Submitted by: Holtec International, Inc.

SAR

Title:

Final Safety Analysis Report for the Holtec International HI-STORM UMAX Canister Storage System.

Docket Number: 72-1040.

Certificate Expiration Date: April 6, 2035.

Model Number: MPC-37, MPC-89.

2.

Purpose and scope of the Revisions:

By letter dated May 5, 2023 (ML23125A237), as supplemented January 31, 2024 (ML24031A659), March 4, 2024 (ML24072A501), and June 26, 2024 (ML24178A111),

Holtec International (Holtec) submitted an application for Revision to Amendment Nos. 0, 1, and 2 of the Certificate of Compliance (CoC) No. 1040 for the HI-STORM UMAX Canister Storage System. The proposed changes include the following:

1) Update the CoC appendix A technical specifications for radiation protection and the associated bases information to clearly articulate the basis for the dose rate limits for the closure lids and modify the dose rate limit values and the description of the location of the dose rate measurements
2) Other editorial changes 3.

Proposed Backfitting Discussion for the Direct Final Rule for the Revisions to CoC No.

1040, Amendment Nos. 0, 1, and 2 The general licensee using the specific CoC amendments that are being revised is required to meet the conditions of the revised CoC. The NRC added a condition to the revised CoC that requires the general licensee to implement the revised CoC within six months and perform written evaluations in accordance with 10 CFR 72.212(b)(5), which establish that the cask will conform to the terms, conditions, and specifications of the revised CoC. The six-month timeframe in the condition is considered a standard timeframe for implementation, consistent with the information in Regulatory Issue Summary 2017-05, Administration of 10 CFR Part 72 Certificate of Compliance Corrections and Revisions. Additionally, the implementation timeframe was recognized by the applicant and the general licensee using these amendments (ML24178A111).

For the following reasons, the NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Amendment Nos. 0, 1, and 2 of CoC No. 1040 for the HI-STORM UMAX Canister Storage System, as currently listed in 10 CFR 72.214, List of approved spent fuel storage casks. Revision 1 to Amendment Nos. 0, 1, and 2 includes changes to CoC appendix A technical specifications for radiation protection and the associated bases information to clearly articulate the basis for the dose rate limits for the closure lids and modify the dose rate limit values and the description of the location of the dose rate measurements.

J. Shepherd 3

Although Holtec has manufactured casks under existing CoC No. 1040, Amendment Nos. 0, 1, or 2, that are being revised by this final rule, Holtec, as the vendor, is not subject to backfitting under 10 CFR 72.62. Moreover, Holtec requested these changes and has requested to apply it to the existing casks manufactured under Amendment Nos. 0, 1, and 2. Therefore, even if the vendor were deemed to be an entity protected from backfitting, this request represents a voluntary change and is not backfitting for the vendor.

Under 10 CFR 72.62, general licensees are entities that are subject to the backfitting regulations. However, according to Holtec (ML24178A112), no general licensees are currently storing UMAX systems under CoC No. 1040, Amendment Nos. 1 and 2, which are, in part, the subject of these revisions. Therefore, the changes in CoC No. 1040, Amendment Nos. 1 and 2, which are approved in this direct final rule do not fall within the definition of backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR Part 52, because there are no general licensees to which the revisions will apply.

Ameren Missouri at its Callaway Energy Center Independent Spent Fuel Storage Installation is the only general licensee using Amendment No. 0 that could be negatively affected by issuance of Revision 1 to Amendment No. 0. In its letters to Holtec (ML23125A246 and ML24178A113), Ameren Missouri stated that it intends to adopt and implement Revision 1 to Amendment No. 0, within 180-days after issuance of the revision. Therefore, since the licensee does not oppose issuance of the revision, issuance of Revision 1 to Amendment No. 0 does not fall within the definition of backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR Part 52.

4.

The proposed CoCs, TS, and preliminary safety evaluation report have been placed in ADAMS (see references below) and are available for your use in the rulemaking package. DFM will designate these documents as Official Agency Records after the Executive Director for Operations has approved the package (ML24179A261).

The Office of the General Counsel has reviewed this memorandum with its referenced documents and has no legal objection to its contents.

Docket No.: 72-1040 CAC No.: 001208 EPID: L-2023-LLA-0070

J. Shepherd 4

ADAMS

References:

1.

User Need Memo for Revision to Amendment Nos. 0, 1, and 2 of the Certificate of Compliance No. 1040 for the HI-STORM UMAX Canister Storage System.docx (ML24179A273) 2.

Proposed CoC No. 1040, Amendment No. 0, Revision 1.docx (ML24179A266) 3.

Proposed CoC No. 1040, Amendment No. 0, Revision 1, Appendix A.pdf (ML24179A264) 4.

Proposed CoC No. 1040, Amendment No. 0, Revision 1, Appendix B.pdf (ML24179A265) 5.

Proposed CoC No. 1040, Amendment No. 1, Revision 1.docx (ML24179A269) 6.

Proposed CoC No. 1040, Amendment No. 1, Revision 1, Appendix A.pdf (ML24179A267) 7.

Proposed CoC No. 1040, Amendment No. 1, Revision 1, Appendix B.pdf (ML24179A268) 8.

Proposed CoC No. 1040, Amendment No. 2, Revision 1.docx (ML24179A272) 9.

Proposed CoC No. 1040, Amendment No. 2, Revision 1, Appendix A.pdf (ML24179A270) 10.

Proposed CoC No. 1040, Amendment No. 2, Revision 1, Appendix B.pdf (ML24179A271) 11.

Preliminary Safety Evaluation Report for HI-STORM UMAX, CoC No. 1040, Revision to Amendment Nos. 0, 1, and 2.docx (ML24179A263)

ML24179A261 (Pkg), ML24179A273 (Memo)

ML24179A263 - ML24179A272 (Encls)

OFFICE NMSS/DFM/STLB NMSS/DFM/NARAB NMSS/DFM/IOB NMSS/DFM/NARAB NAME KBanovac MCall MDavis TGovan DATE 6/28/2024 6/28/2024 6/28/2024 7/15/2024 OFFICE NMSS/DFM/IOB NMSS/DFM/STLB OGC NMSS/DFM/STLB NAME ELove for HRodriguez WWheatley EDuncan YDiaz-Sanabria DATE 7/3/2024 8/12/2024 9/16/2024 9/18/2024