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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72
NUCLEAR REGULATORY COMMISSION
 
10 CFR Part 72
 
[NRC-2022-0144]
[NRC-2022-0144]
 
RIN 3150-AK87 List of Approved Spent Fuel Storage Casks: NAC International, Inc.
RIN 3150-AK87
MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 AGENCY: Nuclear Regulatory Commission.
 
ACTION: Direct final rule.  
List of Approved Spent Fuel Storage Casks: NAC International, Inc.
 
MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment
 
No. 10
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: Direct final rule.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent
: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International, Inc. MAGNASTOR Storage System listing within the List of approved spent fuel storage casks to include Amendment No. 10 to Certificate of Compliance No. 1031. Amendment No. 10 revises the certificate of compliance by adding a new metal storage overpack.
 
DATES: This direct final rule is effective January 18, 2023, unless significant adverse comments are received by December 5, 2022. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. 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  
fuel storage regulations by revising the NAC International, Inc. MAGNASTOR Storage
 
System listing within the List of approved spent fuel storage casks to include
 
Amendment No. 10 to Certificate of Compliance No. 1031. Amendm ent No. 10 revises
 
the certificate of compliance by adding a new metal storage ove rpack.
 
DATES: This direct final rule is effective January 18, 2023, unless significant adverse
 
comments are received by December 5, 2022. If this direct fina l rule is withdrawn as a
 
result of such comments, timely notice of the withdrawal will b e published in the Federal
 
Register. Comments received after this date will be considered if it i s practical to do so,
 
but the NRC is able to ensure consideration only for comments r eceived on or before this date. Comments received on this direct final rule will also be considered to be
 
comments on a companion proposed rule published in the Proposed Rules section of
 
this issue of the Federal Register.
 
ADDRESSES: Submit your comments, identified by Docket ID NRC-2022-0144,
 
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 inst ructions.
 
For additional direction on obtaining information and submittin g comments, see
 
Obtaining Information and Submitting Comments in the SUPPLEME NTARY
 
INFORMATION section of this document.
 
FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear Material
 
Safety and Safeguards, telephone: 301-415-6577, email: Bernard.White@nrc.gov and
 
Tyler Hammock, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-
 
1381, email: Tyler.Hammock@nrc.gov. Both are staff of the U.S. Nuclear Regulatory
 
Commission, Washington, DC 20555-0001.


2 date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2022-0144, 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 Material Safety and Safeguards, telephone: 301-415-6577, email: Bernard.White@nrc.gov and Tyler Hammock, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-1381, email: Tyler.Hammock@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS:
TABLE OF CONTENTS:
I.
Obtaining Information and Submitting Comments II.
Rulemaking Procedure III.


I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility 2
===Background===
VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Im pact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents
IV.
 
Discussion of Changes V.
I. Obtaining Information and Submitting Comments
Voluntary Consensus Standards VI.
 
Agreement State Compatibility  
A. Obtaining Information
 
Please refer to Docket ID NRC-2022-0144 when contacting the NRC about the
 
availability of information for this action. You may obtain pu blicly 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-2022-0144. Address questions about NR C dockets to Dawn
 
Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical
 
questions contact the individuals 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 ADA MS Public
 
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
 
search, select Begin Web-based ADAMS Search. For problems wi th 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 th is document are provided
 
in the Availability of Documents section.
 
3
* 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 appointm ent to visit the PDR,
 
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
 
4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Frid ay, except Federal
 
holidays.
 
B. Submitting Comments
 
Please include Docket ID NRC-2022-0144 in your comment submissi on. 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 altern ate
 
instructions.
 
The NRC cautions you not to include identifying or contact info rmation 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 commen t submissions to
 
remove identifying or contact information.
 
If you are requesting or aggregating comments from other person s 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 dis closed in their comment
 
submission. Your request should state that the NRC does not routinely edit comment
 
submissions to remove such information before making the commen t submissions
 
available to the public or entering the comment into ADAMS.
 
4 II. Rulemaking Procedure
 
This rule is limited to the changes contained in Amendment No. 10 to Certificate
 
of Compliance No. 1031 and does not include other aspects of th e NAC International,


Inc. MAGNASTOR Storage System design. The NRC is using the direct final rul e
3 VII.
Plain Writing VIII.
Environmental Assessment and Finding of No Significant Impact IX.
Paperwork Reduction Act Statement X.
Regulatory Flexibility Certification XI.
Regulatory Analysis XII.
Backfitting and Issue Finality XIII.
Congressional Review Act XIV.
Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2022-0144 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-2022-0144. 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.


procedure to issue this amendment because it represents a limi ted and routine change
4 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 an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.
 
B. Submitting Comments Please include Docket ID NRC-2022-0144 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.
to an existing certificate of compliance that is expected to be non-controversial.
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.  


5 II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 10 to Certificate of Compliance No. 1031 and does not include other aspects of the NAC International, Inc. MAGNASTOR Storage System design. The NRC is using the direct final rule procedure to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial.
Adequate protection of public health and safety continues to be reasonably assured.
Adequate protection of public health and safety continues to be reasonably assured.
The amendment to the rule will become effective on January 18, 2023. However, if the NRC receives any significant adverse comment on this direct final rule by December 5, 2022, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register, or as otherwise appropriate. In general, absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action.
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


The amendment to the rule will become effective on January 18, 2023. However, if the
6 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.
NRC receives any significant adv erse comment on this direct final rule by December 5,
: 3) The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications.
 
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.
2022, then the NRC will publish a document that withdraws this action and will
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  
 
subsequently address the comments received in a final rule as a response to the
 
companion proposed rule published in the Proposed Rules section of this issue of the
 
Federal Register, or as otherwise appropriate. In general, absent significant
 
modifications to the proposed revisions requiring republication, the NRC will not initiate a
 
second comment period on this action.
 
A significant adverse comment is a comment where the commenter explains why
 
the rule would be inappropriate, including challenges to the ru les underlying premise or
 
approach, or would be ineffective or unacceptable without a cha nge. A comment is
 
adverse and significant if:
: 1) The comment opposes the rule and provides a reason sufficie nt to require a
 
substantive response in a notice-and-comment process. For exam ple, a substantive
 
response is required when:
 
a) The comment causes the NRC to reevaluate (or reconsider) it s position or
 
5 conduct additional analysis;
 
b) The comment raises an issue serious enough to warrant a sub stantive
 
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, a nd it is apparent
 
that the rule would be ineffective or unacceptable without inco rporation of the change or
 
addition.
: 3) The comment causes the NRC to make a change (other than edi torial) to the
 
rule, certificate of compliance, or technical specifications.
 
III. Background
 
Section 218(a) of the Nuclear Waste Policy Act of 1982, as ame nded, requires
 
that [t]he Secretary [of the Department of Energy] shall estab lish a demonstration
 
program, in cooperation with the private sector, for the dry st orage 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 r ule, approve for use at
 
the sites of civilian nuclear power reactors without, to the ma ximum extent practicable,
 
the need for additional site-specific approvals by the Commissi on. Section 133 of the
 
Nuclear Waste Policy Act states, in part, that [t]he Commissio n 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 civili an 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 p ublishing a final rule
 
6 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 Pow er 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 conta ins 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 70 587), 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. Discussion of Changes
 
On December 9, 2019, NAC International, Inc. submitted a reques t to the NRC to
 
amend Certificate of Compliance No. 1031. The NAC Internationa l, Inc. supplemented
 
its request on the following dates: May 13, 2020, February 25, 2021, April 20, 2021, and
 
September 2, 2021. Amendment No. 10 revises the certificate of compliance by adding
 
a new metal storage overpack, which provides for additional str uctural strength and
 
radiation shielding.
 
As documented in the preliminary safety evaluation report, the NRC performed a
 
safety evaluation of the proposed certificate of compliance ame ndment request. The
 
NRC determined that this amendment does not reflect a significa nt change in design or
 
fabrication of the cask. Specifically, the NRC determined that the design of the cask
 
would continue to maintain confinement, shielding, and critical ity control in the event of
 
each evaluated accident condition per § 72.236. In addition, a ny resulting occupational
 
exposure or offsite dose rates from the implementation of Amend ment No. 10 would
 
remain well within the limits specified by 10 CFR part 20, Sta ndards for Protection
 
7 Against Radiation. Thus, the NRC found there will be no signi ficant change in the types
 
or amounts of any effluent released, no significant increase in the individual or
 
cumulative radiation exposure, and no significant increase in t he potential for or
 
consequences from radiological accidents per § 72.236.
 
The NRC staff determined that the amended NAC International In c.
 
MAGNASTOR Storage System cask design, when used under the conditions spe cified
 
in the certificate of compliance, the technical specifications, and the NRCs regulations,
 
will meet the requirements of 10 CFR part 72; therefore, adequa te protection of public
 
health and safety will continue to be reasonably assured. When this direct final rule
 
becomes effective, persons who hold a general license under § 7 2.210 may, consistent
 
with the license conditions under § 72.212, load spent nuclear fuel into NAC
 
International, Inc. MAGNASTOR Storage System casks that meet the criteria of
 
Amendment No. 10 to Certificate of Compliance No. 1031.
 
V. Voluntary Consensus Standards
 
The National Technology Transfer and Advancement Act of 1995 ( Pub. L. 104-
 
113) requires that Federal agencies use technical standards tha t are developed or
 
adopted by voluntary consensus standards bodies unless the use of such a standard is
 
inconsistent with applicable law or otherwise impractical. In this direct final rule, the
 
NRC revises the NAC International, Inc. MAGNASTOR Storage System design listed in
 
§ 72.214, List of approved spent fuel storage casks. This ac tion does not constitute
 
the establishment of a standard that contains generally applica ble requirements.
 
VI. Agreement State Compatibility
 
8 Under the Agreement State Program Policy Statement approved by the
 
Commission on October 2, 2017, and published in the Federal Register on October 18,
 
2017 (82 FR 48535), this rule is classified as Compatibility Ca tegory NRC - Areas of
 
Exclusive NRC Regulatory Authority. The NRC program elements i n this category are
 
those that relate directly to areas of regulation reserved to t he NRC by the Atomic
 
Energy Act of 1954, as amended, or the provisions of 10 CFR cha pter I. Therefore,
 
compatibility is not required for program elements in this cate gory. Although an
 
Agreement State may not adopt program elements reserved to the NRC, and the
 
Category NRC does not confer regulatory authority on the Stat e, the State may wish to
 
inform its licensees of certain requirements by means consisten t with the particular
 
States administrative procedure laws.
 
VII. Plain Writing
 
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federa l 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 we ll as the Presidential
 
Memorandum, Plain Language in Government Writing, published J une 10, 1998 (63
 
FR 31885).
 
VIII. Environmental Assessment and Finding of No Significant I mpact
 
Under the National Environmental Policy Act of 1969, as amende d, and the
 
NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for
 
9 Domestic Licensing and Related Regulatory Functions, the NRC h as determined that
 
this direct final rule, if adopted, would not be a major Federa l action significantly affecting
 
the quality of the human environment and, therefore, an environ mental impact statement
 
is not required. The NRC has made a finding of no significant impact on the basis of the
 
environmental assessment that follows.
 
A. The Proposed Action
 
The proposed action is to amend § 72.214 to revise the NAC Int ernational, Inc.
 
MAGNASTOR Storage System listing within the List of approved spent fuel storage
 
casks to include Amendment No. 10 to Certificate of Compliance No. 1031.
 
B. The Need for the Action
 
This direct final rule amends the certificate of compliance for the NAC
 
International, Inc. MAGNASTOR Storage System design within the list of approved
 
spent fuel storage casks to allow power reactor licensees to st ore spent fuel at reactor
 
sites in casks with the approved modifications under a general license. Specifically,
 
Amendment No. 10 revises the certificate of compliance to add a new metal storage
 
overpack.
 
C. Environmental Impacts of the Action
 
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part
 
72 to provide for the storage of spent fuel under a general lic ense in cask designs
 
approved by the NRC. The potential environmental impact of using NRC-approved
 
storage casks was analyzed in the environmental assessment for the 1990 final rule.
 
The environmental assessment for this Amendment No. 10 tiers of f of the environmental
 
10 assessment for the July 18, 1990, final rule. Tiering on past environmental assessments
 
is a standard process under the National Environmental Policy A ct of 1969, as amended.
 
The NAC International, Inc. MAGNASTOR Storage System is designed to
 
mitigate the effects of design basis accidents that could occur during storage. Design
 
basis accidents account for human-induced events and the most s evere natural
 
phenomena reported for the site and surrounding area. Postulat ed accidents analyzed
 
for an independent spent fuel storage installation, the type of facility at which a holder of
 
a power reactor operating license would store spent fuel in cas ks in accordance with 10
 
CFR part 72, can include tornado winds and tornado-generated mi ssiles, a design basis
 
earthquake, a design basis flood, an accidental cask drop, ligh tning effects, fire,
 
explosions, and other incidents.
 
This amendment does not reflect a significant change in design or fabrication of
 
the cask. Because there are no significant design or process c hanges, any resulting
 
occupational exposure or offsite dose rates from the implementa tion of Amendment No.
 
10 would remain well within the 10 CFR part 20 limits. The NRC has also determined
 
that the design of the cask as modified by this rule would main tain confinement,
 
shielding, and criticality control in the event of an accident. Therefore, the proposed
 
changes will not result in any radiological or non-radiological environmental impacts that
 
significantly differ from the environmental impacts evaluated i n the environmental
 
assessment supporting the July 18, 1990, final rule. There wil l be no significant change
 
in the types or significant revis ions in the amounts of any eff luent released, no significant
 
increase in the individual or cumulative radiation exposures, a nd no significant increase
 
in the potential for, or consequences from, radiological accide nts. The NRC
 
documented its safety findings in the preliminary safety evalua tion report.
 
11 D. Alternative to the Proposed Action
 
The alternative to this action is to deny approval of Amendmen t No. 10 and not
 
issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that
 
seeks to load spent nuclear fuel into NAC International, Inc. M AGNASTOR Storage
 
System in accordance with the changes described in proposed Ame ndment No.10 would
 
have to request an exemption from the requirements of §§ 72.212 and 72.214. Under
 
this alternative, interested licensees would have to prepare, a nd the NRC would have to
 
review, a separate exemption request, thereby increasing the ad ministrative burden
 
upon the NRC and the costs to e ach licensee. The environmental impacts would be
 
similar to the proposed action.
 
E. Alternative Use of Resources
 
Approval of Amendment No. 10 to Certificate of Compliance No. 1031 would
 
result in no irreversible commitment of resources.
 
F. Agencies and Persons Contacted
 
No agencies or persons outside the NRC were contacted in conne ction with the
 
preparation of this environmental assessment.
 
G. Finding of No Significant Impact
 
The environmental impacts of the action have been reviewed und er the
 
requirements in the National Environmental Policy Act of 1969, as amended, and the
 
NRCs regulations in subpart A of 10 CFR part 51, Environmenta l Protection
 
Regulations for Domestic Licensing and Related Regulatory Funct ions. Based on the
 
foregoing environmental assessment, the NRC concludes that this direct final rule, List
 
12 of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR Storage
 
System, Certificate of Compliance No. 1031, Amendment No. 10, will not have a
 
significant effect on the human environment. Therefore, the NR C has determined that
 
an environmental impact statement is not necessary for this dir ect final rule.
 
IX. Paperwork Reduction Act Statement
 
This direct final rule does not contain any new or amended coll ections of
 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
 
Existing collections of informat ion were approved by the Office of Management and
 
Budget, approval number 3150-0132.
 
Public Protection Notification
 
The NRC may not conduct or sponsor, and a person is not requir ed to respond
 
to, a request for information or an information collection requ irement unless the
 
requesting document displays a currently valid Office of Manage ment and Budget
 
control number.
 
X. Regulatory Flexibility Certification
 
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies
 
that this direct final rule will not, if issued, have a signifi cant economic impact on a


substantial number of small entities. This direct final rule a ffects only nuclear power
7 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. Discussion of Changes On December 9, 2019, NAC International, Inc. submitted a request to the NRC to amend Certificate of Compliance No. 1031. The NAC International, Inc. supplemented its request on the following dates: May 13, 2020, February 25, 2021, April 20, 2021, and September 2, 2021. Amendment No. 10 revises the certificate of compliance by adding a new metal storage overpack, which provides for additional structural strength and radiation shielding.
As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to maintain confinement, shielding, and criticality control in the event of each evaluated accident condition per § 72.236. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 10 would remain well within the limits specified by 10 CFR part 20, Standards for Protection


plant licensees and NAC International, Inc. These entities do not fall within the scope of
8 Against Radiation. Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents per § 72.236.
The NRC staff determined that the amended NAC International Inc.
MAGNASTOR Storage System cask design, when used under the conditions specified in the certificate of compliance, the technical specifications, and the NRCs regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be reasonably assured. When this direct final rule becomes effective, persons who hold a general license under § 72.210 may, consistent with the license conditions under § 72.212, load spent nuclear fuel into NAC International, Inc. MAGNASTOR Storage System casks that meet the criteria of Amendment No. 10 to Certificate of Compliance No. 1031.
V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC revises the NAC International, Inc. MAGNASTOR Storage System design listed in
§ 72.214, List of approved spent fuel storage casks. This action does not constitute the establishment of a standard that contains generally applicable requirements.
VI. Agreement State Compatibility


13 the definition of small entities set forth in the Regulatory Fl exibility Act or the size
9 Under the Agreement State Program Policy Statement approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility Category NRC - Areas of Exclusive NRC Regulatory Authority. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I. Therefore, compatibility is not required for program elements in this category. Although an Agreement State may not adopt program elements reserved to the NRC, and the Category NRC does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular States administrative procedure laws.
VII. 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 FR 31885).
VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for


standards established by the NRC (§ 2.810).
10 Domestic Licensing and Related Regulatory Functions, the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of the environmental assessment that follows.
A. The Proposed Action The proposed action is to amend § 72.214 to revise the NAC International, Inc.
MAGNASTOR Storage System listing within the List of approved spent fuel storage casks to include Amendment No. 10 to Certificate of Compliance No. 1031.
B. The Need for the Action This direct final rule amends the certificate of compliance for the NAC International, Inc. MAGNASTOR Storage System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Amendment No. 10 revises the certificate of compliance to add a new metal storage overpack.
C. Environmental Impacts of the Action On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was analyzed in the environmental assessment for the 1990 final rule.
The environmental assessment for this Amendment No. 10 tiers off of the environmental


XI. Regulatory Analysis
11 assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended.
The NAC International, Inc. MAGNASTOR Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, can include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents.
This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No.
10 would remain well within the 10 CFR part 20 limits. The NRC has also determined that the design of the cask as modified by this rule would maintain confinement, shielding, and criticality control in the event of an accident. Therefore, the proposed changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report.  


On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part
12 D. Alternative to the Proposed Action The alternative to this action is to deny approval of Amendment No. 10 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into NAC International, Inc. MAGNASTOR Storage System in accordance with the changes described in proposed Amendment No.10 would have to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. The environmental impacts would be similar to the proposed action.
E. Alternative Use of Resources Approval of Amendment No. 10 to Certificate of Compliance No. 1031 would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment.
G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in subpart A of 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, List


72 to provide for the storage of spent nuclear fuel under a gen eral license in cask
13 of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10, will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule.
IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Existing collections of information were approved by the Office of Management and Budget, approval number 3150-0132.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number.
X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and NAC International, Inc. These entities do not fall within the scope of


designs approved by the NRC. Any nuclear power reactor license e can use NRC-
14 the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810).
XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if 1) it notifies the NRC in advance; 2) the spent fuel is stored under the conditions specified in the casks certificate of compliance; and 3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On November 21, 2008 (73 FR 70587), the NRC issued an amendment to 10 CFR part 72 that approved the NAC International, Inc. MAGNASTOR Storage System design by adding it to the list of NRC-approved cask designs in §72.214.
On December 9, 2019, and as supplemented on May 13, 2020, February 25, 2021, April 20, 2021, and September 2, 2021, NAC International, Inc. submitted a request to amend the MAGNASTOR Storage System as described in Section IV, Discussion of Changes, of this document.
The alternative to this action is to withhold approval of Amendment No. 10 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the NAC International, Inc. MAGNASTOR Storage System under the changes described in Amendment No. 10 to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby


approved cask designs to store spent nuclear fuel if 1) it noti fies the NRC in advance; 2)
15 increasing the administrative burden upon the NRC and the costs to each licensee.
 
Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report and environmental assessment, this direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of this direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security; therefore, this action is recommended.
the spent fuel is stored under the conditions specified in the casks certificate of
XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (§ 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Certificate of Compliance No. 1031 for the NAC International, Inc.
 
MAGNASTOR Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 10 previously described, as set forth in the revised certificate of compliance and technical specifications.
compliance; and 3) the conditions of the general license are me t. A list of NRC-
Amendment No. 10 to Certificate of Compliance No. 1031 for the NAC International, Inc. MAGNASTOR Storage System was initiated by NAC International, Inc. and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 10 applies only to new casks fabricated and used under Amendment No. 10. These changes do not affect existing users of the NAC International, Inc. MAGNASTOR Storage System, and the current Amendment No. 9 continues to be effective for existing users. While current users of this storage system  
 
approved cask designs is contained in § 72.214. On November 21, 2008 (73 FR
 
70587), the NRC issued an amendment to 10 CFR part 72 that appr oved the NAC
 
International, Inc. MAGNASTOR Storage System design by adding it to the list of NRC-
 
approved cask designs in §72.214.
 
On December 9, 2019, and as supplemented on May 13, 2020, Febr uary 25,
 
2021, April 20, 2021, and September 2, 2021, NAC International, Inc. submitted a
 
request to amend the MAGNASTOR Storage System as described in Section IV,
 
Discussion of Changes, of this document.
 
The alternative to this action is to withhold approval of Amen dment No. 10 and to
 
require any 10 CFR part 72 general licensee seeking to load spe nt nuclear fuel into the
 
NAC International, Inc. MAGNASTOR Storage System under the changes described in
 
Amendment No. 10 to request an exemption from the requirements of §§ 72.212 and
 
72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to
 
prepare, and the NRC would have to review, a separate exemption request, thereby
 
14 increasing the administrative burden upon the NRC and the costs to each licensee.
 
Approval of this direct final rule is consistent with previous NRC actions. Further,
 
as documented in the preliminary safety evaluation report and e nvironmental
 
assessment, this direct final rule will have no adverse effect on public health and safety
 
or the environment. This direct final rule has no significant identifiable impact or benefit
 
on other government agencies. Based on this regulatory analysi s, the NRC concludes
 
that the requirements of this direct final rule are commensurat e with the NRC's
 
responsibilities for public health and safety and the common de fense and security;
 
therefore, this action is recommended.
 
XII. Backfitting and Issue Finality
 
The NRC has determined that the backfit rule (§ 72.62) does no t apply to this
 
direct final rule. Therefore, a backfit analysis is not requir ed. This direct final rule
 
revises Certificate of Compliance No. 1031 for the NAC Internat ional, Inc.
 
MAGNASTOR Storage System, as currently listed in § 72.214. The revision consists of
 
the changes in Amendment No. 10 previously described, as set fo rth in the revised
 
certificate of compliance and technical specifications.
 
Amendment No. 10 to Certificate of Compliance No. 1031 for the NAC
 
International, Inc. MAGNASTOR Storage System was initiated by NAC International,
 
Inc. and was not submitted in response to new NRC requirements, or an NRC request
 
for amendment. Amendment No. 10 applies only to new casks fabr icated and used
 
under Amendment No. 10. These changes do not affect existing u sers of the NAC
 
International, Inc. MAGNASTOR Storage System, and the current Amendment No. 9
 
continues to be effective for existing users. While current us ers of this storage system
 
15 may comply with the new requirements in Amendment No. 10, this would be a voluntary
 
decision on the part of current users.
 
For these reasons, Amendment No.10 to Certificate of Compliance No. 1031
 
does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent
 
an inconsistency with the issue finality provisions applicable to combined licenses in 10
 
CFR part 52. Accordingly, the NRC has not prepared a backfit a nalysis for this
 
rulemaking.
 
XIII. Congressional Review Act
 
This direct final rule is not a rule as defined in the Congress ional Review Act.
 
XIV. Availability of Documents
 
The documents identified in the following table are available to interested
 
persons as indicated.


16 may comply with the new requirements in Amendment No. 10, this would be a voluntary decision on the part of current users.
For these reasons, Amendment No.10 to Certificate of Compliance No. 1031 does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC has not prepared a backfit analysis for this rulemaking.
XIII. Congressional Review Act This direct final rule is not a rule as defined in the Congressional Review Act.
XIV. Availability of Documents The documents identified in the following table are available to interested persons as indicated.
DOCUMENT ADAMS ACCESSION NO.
DOCUMENT ADAMS ACCESSION NO.
NAC International request to amend Certificate of Compliance No. 1031, dated December 9, 2019 ML19345E594 NAC International Supplemented to Request for Additional Information for the amendment of Certificate of Compliance No. 1031, dated May 13, 2020 ML20143A102 Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated February 25, 2021 ML21067A041


NAC International request to amend ML19345E594 Certificate of Compliance No. 1031, dated December 9, 2019
17 Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated April 20, 2021 ML21118A043 Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated September 2, 2021 ML21251A529 User Need Memorandum Package for Rulemaking for Certificate of Compliance Amendment, Amendment Number 10 to the NAC International Storage Cask, dated June 26, 2022 ML22026A519 Proposed Technical Specification Appendix A for NAC International, Inc.
 
MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 ML22026A522 Proposed Technical Specifications Appendix B for NAC International, Inc.
NAC International Supplemented to ML20143A102 Request for Additional Information for the amendment of Certificate of Compliance No. 1031, dated May 13, 2020
MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 ML22026A523 Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No.
10 ML22026A524 Proposed Certificate of Compliance No.
1031 for NAC International, Inc.
MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 ML22026A521 Memo forwarding CoC, Tech Specs and SER to REFS for MAGNASTOR Amendment 10 ML22026A520 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-2022-0144. In addition, the Federal rulemaking website allows


Supplemental Request to amend the ML21067A041 NAC International, Certificate of Compliance No. 1031, dated February 25, 2021
18 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-2022-0144); 2) click the Subscribe link; and 3) enter an email address and click on the Subscribe link.
 
List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.
16 Supplemental Request to amend the ML21118A043 NAC International, Certificate of Compliance No. 1031, dated April 20, 2021
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72:
 
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE
Supplemental Request to amend the ML21251A529 NAC International, Certificate of Compliance No. 1031, dated September 2, 2021
: 1. The authority citation for part 72 continues to read as follows:
 
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),
User Need Memorandum Package for Rulemaking for Certificate of Compliance ML22026A519 Amendment, Amendment Number 10 to the NAC International Storage Cask, dated June 26, 2022
10168, 10198(a)); 44 U.S.C. 3504 note.  
 
Proposed Technical Specification Appendix A for NAC International, Inc. ML22026A522 MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10
 
Proposed Technical Specifications Appendix B for NAC International, Inc. ML22026A523 MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10
 
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR ML22026A524 Storage System, Certificate of Compliance No. 1031, Amendment No.
10
 
Proposed Certificate of Compliance No.
1031 for NAC International, Inc. ML22026A521 MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10
 
Memo forwarding CoC, Tech Specs and SER to REFS for MAGNASTOR ML22026A520 Amendment 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-2022-0144. In addition, the Federal rulemaking w ebsite allows 17 members of the public to receive alerts when changes or additio ns occur in a docket
 
folder. To subscribe: 1) navigate to the docket folder (NRC-2 022-0144); 2) click the
 
Subscribe link; and 3) enter an email address and click on th e Subscribe link.
 
List of Subjects in 10 CFR Part 72
 
Administrative practice and procedure, Hazardous waste, Indian s,
 
Intergovernmental relations, Nuc lear energy, Penalties, Radiation protection, Reporting
 
and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.
 
For the reasons set out in the preamble and under the authorit y of the Atomic
 
Energy Act of 1954, as amended; the Energy Reorganization Act o f 1974, as amended;
 
the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC
 
is adopting the following amendments to 10 CFR part 72:
 
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
 
RELATED GREATER THAN CLASS C WASTE
: 1. The authority citation for part 72 continues to read as fol lows:
 
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 8 1, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 20 73, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 22 38, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (4 2 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),
10168, 10198(a)); 44 U.S.C. 3504 note.
 
18
: 2. In § 72.214, revise Certificate of Compliance No. 1031 to read as follows:


19
: 2. In § 72.214, revise Certificate of Compliance No. 1031 to read as follows:
§ 72.214 List of approved spent fuel storage casks.
§ 72.214 List of approved spent fuel storage casks.
Certificate Number: 1031.
Certificate Number: 1031.
 
Initial Certificate Effective date: February 4, 2009, superseded by Initial Certificate, Revision 1, on February 1, 2016.
Initial Certificate Effective date: February 4, 2009, supersed ed by Initial Certificate,
Amendment Number 1 Effective Date: August 30, 2010, superseded by Amendment Number 1, Revision 1, on February 1, 2016.
 
Amendment Number 2 Effective Date: January 30, 2012, superseded by Amendment Number 2, Revision 1, on February 1, 2016.
Revision 1, on February 1, 2016.
Amendment Number 3 Effective Date: July 25, 2013, superseded by Amendment Number 3, Revision 1, on February 1, 2016.
 
Amendment Number 1 Effective Date: August 30, 2010, superseded by Amendment
 
Number 1, Revision 1, on February 1, 2016.
 
Amendment Number 2 Effective Date: January 30, 2012, supersede d by Amendment
 
Number 2, Revision 1, on February 1, 2016.
 
Amendment Number 3 Effective Date: July 25, 2013, superseded b y Amendment
 
Number 3, Revision 1, on February 1, 2016.
 
Amendment Number 4 Effective Date: April 14, 2015.
Amendment Number 4 Effective Date: April 14, 2015.
Amendment Number 5 Effective Date: June 29, 2015.
Amendment Number 5 Effective Date: June 29, 2015.
Amendment Number 6 Effective Date: December 21, 2016.
Amendment Number 6 Effective Date: December 21, 2016.
 
Amendment Number 7 Effective Date: August 21, 2017, as corrected (ADAMS Accession No. ML19045A346).
Amendment Number 7 Effective Date: August 21, 2017, as correct ed (ADAMS
 
Accession No. ML19045A346).
 
Amendment Number 8, Effective Date: March 24, 2020.
Amendment Number 8, Effective Date: March 24, 2020.
Amendment Number 9, Effective Date: December 7, 2020.
Amendment Number 9, Effective Date: December 7, 2020.
Amendment Number 10, Effective Date: January 18, 2023.
Amendment Number 10, Effective Date: January 18, 2023.
SAR Submitted by: NAC International, Inc.
SAR Submitted by: NAC International, Inc.
SAR
SAR


==Title:==
==Title:==
Final Safety Analysis Report for the MAGNASTOR System.
Final Safety Analysis Report for the MAGNASTOR System.
Docket Number: 72-1031.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.


Certificate Expiration Date: February 4, 2029.
20 Model Number: MAGNASTOR.
 
19 Model Number: MAGNASTOR.
 
Dated: October 20, 2022.
Dated: October 20, 2022.
 
For the Nuclear Regulatory Commission.  
For the Nuclear Regulatory Commission.
/RA/
 
Daniel H. Dorman Executive Director for Operations.}}
/RA/
 
Daniel H. Dorman Executive Director for Operations.
 
20}}

Latest revision as of 16:15, 27 November 2024

Enclosure 1 - Direct Final Rule - NAC International, Inc. Magnastor Storage System - Certificate of Compliance No. 1031, Amendment No. 10
ML22214A496
Person / Time
Issue date: 10/20/2022
From: Dan Dorman
NRC/EDO
To:
Sahle S
Shared Package
ML22214A494 List:
References
10 CFR Part 72, NRC-2022-0144, RIN 3150-AK87
Download: ML22214A496 (20)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72

[NRC-2022-0144]

RIN 3150-AK87 List of Approved Spent Fuel Storage Casks: NAC International, Inc.

MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International, Inc. MAGNASTOR Storage System listing within the List of approved spent fuel storage casks to include Amendment No. 10 to Certificate of Compliance No. 1031. Amendment No. 10 revises the certificate of compliance by adding a new metal storage overpack.

DATES: This direct final rule is effective January 18, 2023, unless significant adverse comments are received by December 5, 2022. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. 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

2 date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID NRC-2022-0144, 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 Material Safety and Safeguards, telephone: 301-415-6577, email: Bernard.White@nrc.gov and Tyler Hammock, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-1381, email: Tyler.Hammock@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.

Discussion of Changes V.

Voluntary Consensus Standards VI.

Agreement State Compatibility

3 VII.

Plain Writing VIII.

Environmental Assessment and Finding of No Significant Impact IX.

Paperwork Reduction Act Statement X.

Regulatory Flexibility Certification XI.

Regulatory Analysis XII.

Backfitting and Issue Finality XIII.

Congressional Review Act XIV.

Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2022-0144 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-2022-0144. 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.

4 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 an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.

B. Submitting Comments Please include Docket ID NRC-2022-0144 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.

5 II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 10 to Certificate of Compliance No. 1031 and does not include other aspects of the NAC International, Inc. MAGNASTOR Storage System design. The NRC is using the direct final rule procedure to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial.

Adequate protection of public health and safety continues to be reasonably assured.

The amendment to the rule will become effective on January 18, 2023. However, if the NRC receives any significant adverse comment on this direct final rule by December 5, 2022, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register, or as otherwise appropriate. In general, absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action.

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

6 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, certificate of compliance, or technical specifications.

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

7 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. Discussion of Changes On December 9, 2019, NAC International, Inc. submitted a request to the NRC to amend Certificate of Compliance No. 1031. The NAC International, Inc. supplemented its request on the following dates: May 13, 2020, February 25, 2021, April 20, 2021, and September 2, 2021. Amendment No. 10 revises the certificate of compliance by adding a new metal storage overpack, which provides for additional structural strength and radiation shielding.

As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to maintain confinement, shielding, and criticality control in the event of each evaluated accident condition per § 72.236. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 10 would remain well within the limits specified by 10 CFR part 20, Standards for Protection

8 Against Radiation. Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents per § 72.236.

The NRC staff determined that the amended NAC International Inc.

MAGNASTOR Storage System cask design, when used under the conditions specified in the certificate of compliance, the technical specifications, and the NRCs regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be reasonably assured. When this direct final rule becomes effective, persons who hold a general license under § 72.210 may, consistent with the license conditions under § 72.212, load spent nuclear fuel into NAC International, Inc. MAGNASTOR Storage System casks that meet the criteria of Amendment No. 10 to Certificate of Compliance No. 1031.

V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC revises the NAC International, Inc. MAGNASTOR Storage System design listed in

§ 72.214, List of approved spent fuel storage casks. This action does not constitute the establishment of a standard that contains generally applicable requirements.

VI. Agreement State Compatibility

9 Under the Agreement State Program Policy Statement approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility Category NRC - Areas of Exclusive NRC Regulatory Authority. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I. Therefore, compatibility is not required for program elements in this category. Although an Agreement State may not adopt program elements reserved to the NRC, and the Category NRC does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular States administrative procedure laws.

VII. 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 FR 31885).

VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for

10 Domestic Licensing and Related Regulatory Functions, the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of the environmental assessment that follows.

A. The Proposed Action The proposed action is to amend § 72.214 to revise the NAC International, Inc.

MAGNASTOR Storage System listing within the List of approved spent fuel storage casks to include Amendment No. 10 to Certificate of Compliance No. 1031.

B. The Need for the Action This direct final rule amends the certificate of compliance for the NAC International, Inc. MAGNASTOR Storage System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Amendment No. 10 revises the certificate of compliance to add a new metal storage overpack.

C. Environmental Impacts of the Action On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was analyzed in the environmental assessment for the 1990 final rule.

The environmental assessment for this Amendment No. 10 tiers off of the environmental

11 assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended.

The NAC International, Inc. MAGNASTOR Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, can include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents.

This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No.

10 would remain well within the 10 CFR part 20 limits. The NRC has also determined that the design of the cask as modified by this rule would maintain confinement, shielding, and criticality control in the event of an accident. Therefore, the proposed changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report.

12 D. Alternative to the Proposed Action The alternative to this action is to deny approval of Amendment No. 10 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into NAC International, Inc. MAGNASTOR Storage System in accordance with the changes described in proposed Amendment No.10 would have to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. The environmental impacts would be similar to the proposed action.

E. Alternative Use of Resources Approval of Amendment No. 10 to Certificate of Compliance No. 1031 would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment.

G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in subpart A of 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, List

13 of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10, will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule.

IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Existing collections of information were approved by the Office of Management and Budget, approval number 3150-0132.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number.

X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and NAC International, Inc. These entities do not fall within the scope of

14 the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810).

XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if 1) it notifies the NRC in advance; 2) the spent fuel is stored under the conditions specified in the casks certificate of compliance; and 3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On November 21, 2008 (73 FR 70587), the NRC issued an amendment to 10 CFR part 72 that approved the NAC International, Inc. MAGNASTOR Storage System design by adding it to the list of NRC-approved cask designs in §72.214.

On December 9, 2019, and as supplemented on May 13, 2020, February 25, 2021, April 20, 2021, and September 2, 2021, NAC International, Inc. submitted a request to amend the MAGNASTOR Storage System as described in Section IV, Discussion of Changes, of this document.

The alternative to this action is to withhold approval of Amendment No. 10 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the NAC International, Inc. MAGNASTOR Storage System under the changes described in Amendment No. 10 to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby

15 increasing the administrative burden upon the NRC and the costs to each licensee.

Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report and environmental assessment, this direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of this direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security; therefore, this action is recommended.

XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (§ 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Certificate of Compliance No. 1031 for the NAC International, Inc.

MAGNASTOR Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 10 previously described, as set forth in the revised certificate of compliance and technical specifications.

Amendment No. 10 to Certificate of Compliance No. 1031 for the NAC International, Inc. MAGNASTOR Storage System was initiated by NAC International, Inc. and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 10 applies only to new casks fabricated and used under Amendment No. 10. These changes do not affect existing users of the NAC International, Inc. MAGNASTOR Storage System, and the current Amendment No. 9 continues to be effective for existing users. While current users of this storage system

16 may comply with the new requirements in Amendment No. 10, this would be a voluntary decision on the part of current users.

For these reasons, Amendment No.10 to Certificate of Compliance No. 1031 does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC has not prepared a backfit analysis for this rulemaking.

XIII. Congressional Review Act This direct final rule is not a rule as defined in the Congressional Review Act.

XIV. Availability of Documents The documents identified in the following table are available to interested persons as indicated.

DOCUMENT ADAMS ACCESSION NO.

NAC International request to amend Certificate of Compliance No. 1031, dated December 9, 2019 ML19345E594 NAC International Supplemented to Request for Additional Information for the amendment of Certificate of Compliance No. 1031, dated May 13, 2020 ML20143A102 Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated February 25, 2021 ML21067A041

17 Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated April 20, 2021 ML21118A043 Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated September 2, 2021 ML21251A529 User Need Memorandum Package for Rulemaking for Certificate of Compliance Amendment, Amendment Number 10 to the NAC International Storage Cask, dated June 26, 2022 ML22026A519 Proposed Technical Specification Appendix A for NAC International, Inc.

MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 ML22026A522 Proposed Technical Specifications Appendix B for NAC International, Inc.

MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 ML22026A523 Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No.

10 ML22026A524 Proposed Certificate of Compliance No.

1031 for NAC International, Inc.

MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 10 ML22026A521 Memo forwarding CoC, Tech Specs and SER to REFS for MAGNASTOR Amendment 10 ML22026A520 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-2022-0144. In addition, the Federal rulemaking website allows

18 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-2022-0144); 2) click the Subscribe link; and 3) enter an email address and click on the Subscribe link.

List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72:

PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE

1. The authority citation for part 72 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),

10168, 10198(a)); 44 U.S.C. 3504 note.

19

2. In § 72.214, revise Certificate of Compliance No. 1031 to read as follows:

§ 72.214 List of approved spent fuel storage casks.

Certificate Number: 1031.

Initial Certificate Effective date: February 4, 2009, superseded by Initial Certificate, Revision 1, on February 1, 2016.

Amendment Number 1 Effective Date: August 30, 2010, superseded by Amendment Number 1, Revision 1, on February 1, 2016.

Amendment Number 2 Effective Date: January 30, 2012, superseded by Amendment Number 2, Revision 1, on February 1, 2016.

Amendment Number 3 Effective Date: July 25, 2013, superseded by Amendment Number 3, Revision 1, on February 1, 2016.

Amendment Number 4 Effective Date: April 14, 2015.

Amendment Number 5 Effective Date: June 29, 2015.

Amendment Number 6 Effective Date: December 21, 2016.

Amendment Number 7 Effective Date: August 21, 2017, as corrected (ADAMS Accession No. ML19045A346).

Amendment Number 8, Effective Date: March 24, 2020.

Amendment Number 9, Effective Date: December 7, 2020.

Amendment Number 10, Effective Date: January 18, 2023.

SAR Submitted by: NAC International, Inc.

SAR

Title:

Final Safety Analysis Report for the MAGNASTOR System.

Docket Number: 72-1031.

Certificate Expiration Date: February 4, 2029.

20 Model Number: MAGNASTOR.

Dated: October 20, 2022.

For the Nuclear Regulatory Commission.

/RA/

Daniel H. Dorman Executive Director for Operations.