ML24138A123

Companion Proposed Rule: List of Approved Spent Fuel Storage Casks: Holtec International, HI-STORM Flood/Wind System, Certificate of Compliance No. 1032, Amendment No. 7

ML24138A123
Person / Time
Issue date:	06/26/2024
From:	Raymond Furstenau NRC/NMSS/DREFS/MRPB
To:
References
NRC-2024-0096, RIN 3150-AL17 89 FR 57095, 07/15/2024
Download: ML24138A123 (10)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0096]

RIN 3150-AL17

List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FW

System, Certificate of Compliance No. 1032, Amendment No. 7

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 Holtec International HI-STORM Flood/Wind Multi-

purpose Canister Storage System listing within the List of approved spent fuel storage

casks to include Amendment No. 7 to Certificate of Compliance No. 1032. Amendment

No. 7 revises the certificate of compliance to add a new overpack, add new multi-

purpose canisters MPC-44 and MPC-37P, and add new fuel type 10x10J to approved

content. Amendment No. 7 also incorporates other technical changes and several

editorial changes.

DATES: Submit comments by August 12, 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-2024-0096

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-2024-0096. For additional direction on

obtaining information and submitting co mments, see Obtaining Information and

Submitting Comments in the SUPPLEMENTARY INFORMATION section of this

document.

FOR FURTHER INFORMATION CONTACT: Caylee Kenny, Office of Nuclear Material

Safety and Safeguards, telephone: 301-415-7150, email: Caylee.Kenny@nrc.gov; and

Yen-Ju Chen, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-

1018, email: Yen-Ju.Chen@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-2024-0096 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-2024-0096. Address questions about NRC dockets to Dawn

Forder, telephone: 301-415-3407, email: Dawn.Forder@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-

0096 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 September 25, 2024. Howeve r, if the NRC receives any significant

adverse comment by August 12, 2024, t hen 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 June 8, 2011 (76 FR 33121), that approved the

Holtec International HI-STORM Flood/Wind Multi-purpose Canister Storage System

design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate

of Compliance No. 1032.

IV. Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 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 well as the Presidential

Memorandum, Plain Language in Government Writing, published June 10, 1998 (63

6 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 and Proposed Technical Specifications

Certificate of Compliance No.1032, ML23030B793 Amendment No. 7 Certificate of Compliance No. 1032, ML23030B794 Amendment 7, Appendix A: Technical Specifications Certificate of Compliance No. 1032, ML23030B795 Amendment 7, Appendix B: Approved Contents and Design Features Certificate of Compliance No. 1032, ML23030B796 Amendment No. 7, Preliminary Safety Evaluation Report Environmental Documents

Environmental Assessment for Proposed ML051230231 Rule Entitled, "Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites, dated March 8, 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, dated May 3, 2010 Generic Environmental Impact Statement ML14198A440 (package) for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG-2157, Volumes 1 and 2), dated September 30, 2014

7 Storage of Spent Fuel In NRC-Approved 55 FR 29181 Storage Casks at Power Reactor Sites Final Rule, dated July 18, 1990 Holtec International HI-STORM FW Amendment 7 Request Documents

Holtec International - HI-STORM FW ML21126A266 (package)

Amendment 7 Request, dated May 6, 2021 Holtec International HI-STORM FW ML21126A267 Amendment 7 Request - HI-STORM FW Amendment 7 ML21126A268 Summary of Proposed Changes - HI-STORM FW Amendment 7 ML21126A269 Certificate of Compliance - HI-STORM FW Amendment 7 ML21126A270 Certificate of Compliance, Appendix A - HI-STORM FW Amendment 7 ML21126A271 Certificate of Compliance, Appendix B - HI-STORM FW FSAR ML21126A273 Proposed Revision 9 Revised Pages (Non-Proprietary) 9: Affidavit of Kimberly Manzione ML21126A297 in Accordance with 10 CFR 2.390 HOLTEC International HI-STORM FW ML21288A521 (package)

Amendment 7 Responses to Requests for Supplemental Information, dated October 15, 2021 Holtec International, HI-STORM FW ML22048C221 Amendment 9 Request, dated February 17, 2022 Holtec International, HI-STORM FW ML22192A215 (package)

Amendment 7 Responses to Requests for Additional Information Part 1, dated July 11, 2022 Holtec International, HI-STORM FW ML22194A954 Amendment 7 Responses to Requests for Additional Information Part 1 - Additional Supporting Documents, dated July 13, 2022 HI-STORM FW Amendment 7 Responses to ML22210A145 (package)

Requests for Additional Information Part 2, dated July 29, 2022 Holtec International, HI-STORM FW ML22258A250 (package)

Amendment 7 RAI Responses Part 1 Clarification Call Action Items, dated September 15, 2022 HI-STORM FW Amendment 7 Responses to ML22276A281 (package)

Requests for Additional Information Part 3, dated October 3, 2022 HI-STORM FW Amendment 7 RAI 5-2 ML22336A132 (package)

Response Clarification, dated December 1, 2022

8 Holtec International HI-STORM FW ML23006A263 (package)

Amendment 7 Responses to Requests for Additional Information Part 4, dated January 6, 2023 Holtec International - HI-STORM FW ML23128A302 (package)

Amendment 7 Responses to Requests for Additional Information Part 5, dated May 8, 2023 Holtec International HI-STORM FW ML23181A192 (package)

Amendment 7 RAI Responses Part 5 Clarification Call Action Items, dated June 30, 2023 Holtec International, HI-STORM FW ML23192A031 (package)

Amendment 7 RAI Responses Part 5 Clarification Corrected Attachments 4 and 5, dated July 11, 2023 Holtec International, HI-STORM FW ML23227A248 (package)

Amendment 7 RAI 3-10 Response Clarification Call Action Items, dated August 15, 2023 HI-STORM FW Amendment 7 RAI Response ML23321A245 (package)

Clarifications (Part 3), dated November 17, 2023 Holtec International, HI-STORM FW ML24047A323 (package)

Amendment 7 RAI Response Clarifications (Part 4), dated February 16, 2024 HI-STORM FW Amendment 7 RAI Response ML24100A027 (package)

Clarifications (Part 5), dated April 8, 2024 OTHER DOCUMENTS User Need Memo for Rulemaking for the ML23030B792 Holtec HI-STORM Flood/Wind Multi-Purpose Canister Storage System, CoC No. 1032, Amendment 7, dated May 17, 2024 Agreement State Program Policy Statement; 82 FR 48535 Correction, dated October 18, 2017 Plain Language in Government Writing, 63 FR 31885 dated June 10, 1998 Storage of Spent Fuel In NRC-Approved 55 FR 29181 Storage Casks at Power Reactor Sites: Final Rule, dated July 18, 1990 List of Approved Spent Fuel Storage Casks: 76 FR 33121 HI-STORM Flood/Wind Addition, dated June 8, 2011

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-2024-0096. In addition, the Federal rulemaking website allows members

9 of the public to receive alerts when changes or additions occur in a docket folder. To

subscribe: 1) navigate to the docket folder (NRC-2024-0096); 2) click the Subscribe

link; and 3) enter an email address and click on the Subscribe link.

Dated: June 26, 2024.

For the Nuclear Regulatory Commission.

/RA/

Raymond Furstenau, Acting Executive Director for Operations.

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