ML22300A137

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Enclosure 1 - Direct Final Rule_ - Holtec International HI-STORM Flood - Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No.6
ML22300A137
Person / Time
Issue date: 12/21/2022
From: Dan Dorman
NRC/EDO
To:
References
NRC-2022-0181, RIN 3150-AK88
Download: ML22300A137 (20)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2022-0181]

RIN 3150-AK88

List of Approved Spent Fuel Storage Casks: Holtec Internationa l HI-STORM

Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No.

1032, Amendment No. 6

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 Holtec International S torage Module Flood/Wind

(HI-STORM FW) Multipurpose Canister Storage System listing with in the List of

approved spent fuel storage casks to include Amendment No. 6 t o Certificate of

Compliance No. 1032. Amendment No. 6 revises and clarifies des ign and operational

requirements in the certificate of compliance for the HI-STORM FW overpack. This

amendment also incorporates additional clarifications as well a s editorial changes that

do not change the substantive technical information of the cert ificate of compliance.

DATES: This direct final rule is effective March 22, 2023, unless si gnificant adverse

comments are received by February 6, 2023. If this direct fina l rule is withdrawn as a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-2022-0181,

at https://www.regulations.gov. If your material cannot be submitted using

https://www.regulations.gov, call or email the individual 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 SUPP LEMENTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Norma Garcia Santos, Office of Nuclear

Material Safety and Safeguards, telephone: 301-415-6999, email :

Norma.GarciaSantos@nrc.gov and Gregory Trussell, Office of Nuclear Material Safety

and Safeguards, telephone: 301-415-6244, email: Gregory.Trussell@nrc.gov. Both are

staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

2 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 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

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2022-0181 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:

search for Docket ID NRC-2022-0181. Address questions about NR C dockets to Dawn

Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical

questions contact the individual listed in the FOR FURTHER INFO RMATION 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

3 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.

  • 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. eastern time, Monday thro ugh Friday, except

Federal holidays.

B. Submitting Comments

Please include Docket ID NRC-2022-0181 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 individual or individuals listed in the

FOR FURTHER INFORMATION CONTACT section of this document for al ternate

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 e nter the comment

submissions into ADAMS. The NRC does not routinely edit commen t submissions to

remove identifying or contact information.

4 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.

II. Rulemaking Procedure

This rule is limited to the changes contained in Amendment No. 6 to Certificate of

Compliance No. 1032 and does not include other aspects of the H oltec International

Storage Multipurpose Flood/Wind (HI-STORM FW or Holtec Internat ional HI-STORM

FW) Cask System design. The NRC is using the direct final rule pr ocedure to issue

this amendment because it represents a limited and routine chan ge to an existing

certificate of compliance that is expected to be non-controvers ial. Adequate protection

of public health and safety continues to be reasonably assured. The amendment to the

rule will become effective on [INSERT DATE 75 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER]. However, if the NRC receives any

significant adverse comment on this direct final rule by [INSERT DATE 30 DAYS

AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], then the NRC will

publish a document that withdraws this action and will subseque ntly address the

comments received in a final rule as a response to the companio n proposed rule

published in the Proposed Rules section of this issue of the Federal Register or as

otherwise appropriate. In general, absent significant modifica tions to the proposed

revisions requiring republication, the NRC will not initiate a second comment period on 5

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

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, states 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

6 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 ru le, establish procedures for

the licensing of any technology approved by the Commission unde r Section 219(a) [sic:

218(a)] for use at the site of any civilian nuclear power react or.

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

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 March 28, 2011 (76 FR 17019 ), that approved the

Holtec International HI-STORM FW System design and added it to the list of NRC

approved cask designs in §72.214, List of approved spent fuel storage casks, as

Certificate of Compliance No. 1032.

IV. Discussion of Changes

By letter dated October 2, 2019, and supplemented on June 30, 2 020, December

21, 2020, August 2, 2021, and November 29, 2021, Holtec Interna tional submitted a

request to amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind

7 Multipurpose Canister Storage Sy stem. Amendment No. 6 revises the certificate and

technical specifications as follows:

  • add anchored configuration for the HI-STORM FW overpack;
  • allow use of non-single failure proof lifting equipment durin g handling of

heavy loads within the 10 CFR part 72 jurisdictional boundary;

  • revise LCO 3.1.2, SFSC Heat Removal System Operability, to allow an

engineering evaluation to be performed in lieu of transferring the

multipurpose canister (MPC) into a transfer cask;

  • revise the Radioactive Effluent Control Program to no longer require

annual submittal of a separate radioactive effluent report [10 CFR

72.44(d)(3)] for the HI-STORM FW system;

  • revise the allowable contents for the MPC-37, -89, and -32ML to clarify

fuel debris requirements permitted for storage;

  • revise the MPC-37, -89, and -32ML basket design features to c larify that

the minimum cell ID and minimum cell wall thickness are nominal

dimensions; and

  • incorporate additional clarifications and editorial changes t hat do not

substantively change the technical information of the certifica te of

compliance.

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. In addition, any resulting occupational exposure or

8 offsite dose rates from the implementation of Amendment No. 6 w ould remain well within

the limits specified by 10 CFR part 20, Standards for Protecti on 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 c onsequences from

radiological accidents.

The NRC staff determined that the amended HI-STORM FW Cask Sys tem

design, when used under the conditions specified in the certifi cate 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 HI-STORM FW Cask Systems that meet the

criteria of Amendment No. 6 to Certificate of Compliance No. 10 32.

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 HI-STORM FW Cask System design listed in § 72.2 14, List of

approved spent fuel storage casks. This action does not const itute the establishment of

a standard that contains generally applicable requirements.

9 VI. Agreement State Compatibility

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.

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

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

10 is not required. The NRC has made a finding of no significant impact on the basis of this

environmental assessment.

A. The Action

The action is to amend § 72.214 to revise the HI-STORM FW Cask System

design listing within the List of approved spent fuel storage casks to include

Amendment No. 6 to Certificate of Compliance No. 1032.

B. The Need for the Action

This direct final rule amends the certificate of compliance for the HI-STORM FW

Cask System design within the list of approved spent fuel stora ge 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. 6 revises the

certificate of compliance as described in Section IV, Discussi on of Changes, of this

document, for the use of the HI-STORM FW Cask System.

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. 6 tiers off of the environmental

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 HI-STORM FW Cask System is designed to mitigate the effect s of design

11 basis accidents that could occur during storage. Design basis accidents account for

human-induced events and the most severe natural phenomena repo rted for the site and

surrounding area. Postulated accidents analyzed for an indepen dent 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, a nd 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.

6 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 environmenta l impacts that significantly

differ from the environmental impacts evaluated in the environm ental assessment

supporting the July 18, 1990, final rule. There will be no sig nificant change in the types

or significant revisions in t he amounts of any effluent released, no significant increase in

the individual or cumulative radiation exposures, and no signif icant increase in the

potential for, or consequences from, radiological accidents. T he NRC documented its

safety findings in the preliminary safety evaluation report.

D. Alternative to the Action

The alternative to this action is to deny approval of Amendmen t No. 6 and not

issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that

seeks to load spent nuclear fuel into the HI-STORM FW Cask Syst em in accordance

12 with the changes described in proposed Amendment No. 6 would ha ve 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 h ave to review, a

separate exemption request, thereby increasing the administrati ve burden upon the NRC

and the costs to each licensee. The environmental impacts woul d be the same as the

proposed action.

E. Alternative Use of Resources

Approval of Amendment No. 6 to Certificate of Compliance No. 1 032 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

of Approved Spent Fuel Storage Casks: Holtec International HI-S TORM Flood/Wind

Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment

No. 6, will not have a significant effect on the human environ ment. Therefore, the NRC

has determined that an environmental impact statement is not ne cessary for this direct

13 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

plant licensees and Holtec International. These entities do no t fall within the scope of

the definition of small entities set forth in the Regulatory Fl exibility Act or the size

standards established by the NRC (§ 2.810).

14 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 gen eral license in cask

designs approved by the NRC. Any nuclear power reactor license e can use NRC-

approved cask designs to store spent nuclear fuel if 1) it noti fies 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 me t. A list of NRC-

approved cask designs is contained in § 72.214. On March 28, 2 011 (76 FR 17019), the

NRC issued an amendment to 10 CFR part 72 that approved the HI-STORM FW Cask

System design by adding it to t he list of NRC-approved cask designs in §72.214.

By letter dated October 2, 2019, and supplemented on June 30, 2020, December

21, 2020, August 2, 2021, and November 29, 2021, Holtec Interna tional submitted a

request to amend Certificate of Compliance No. 1032 for the HI-STORM FW Cask

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. 6 and to

require any 10 CFR part 72 general licensee seeking to load spe nt nuclear fuel into the

HI-STORM FW Cask System under the changes described in Amendmen t No. 6 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 increasing the

administrative burden upon the NRC and the costs to each licens ee.

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

15 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. No

other available alternative is believed to be as satisfactory; 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. 1032 for the HI-STORM FW Cask System, as

currently listed in § 72.214. The revision consists of the cha nges in Amendment No. 6

previously described, as set forth in the revised certificate o f compliance and technical

specifications.

Amendment No. 6 to Certificate of Compliance No. 1032 for the HI-STORM FW

Cask System was initiated by Holtec International and was not s ubmitted in response to

new NRC requirements, or an NRC request for amendment. Amendme nt No. 6 applies

only to new casks fabricated and used under Amendment No. 6. T hese changes do not

affect existing users of the HI-STORM FW Cask System, and the c urrent Amendments

Nos.0 to 5 and 8 continue to be effective for existing users. While current users of this

storage system may comply with the new requirements in Amendment No. 6, this would

be a voluntary decision on the part of current users.

For these reasons, Amendment No. 6 to Certificate of Compliance No. 1032

does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent

16 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.

DOCUMENT ADAMS ACCESSION NO. / WEB LINK / FEDERAL REGISTER CITATION Submission of a Request to Amend the U.S. ML19282C357 (package)

Nuclear Regulatory Commission Certificate of Compliance No. 1032, October 2, 2019 Holtec Responses to HI-STORM FW Amd. 6 ML20182A860 (package)

Requests for Supplemental Information, June 30, 2020 Holtec Responses to HI-STORM FW Amd. 6 ML20356A328 Requests for Additional Information, December 21, 2020 Supplemental Responses to HI-STORM FW ML21214A130 (package)

Amd. 6 Requests for Additional Information, August 2, 2021 Holtec International Revised Supplemental ML21333A137 (package)

Responses for HI-STORM FW Amd. 6 Requests for Additional Information, November 29, 2021 Certificate of Compliance No. 1032 ML22145A411 Amendment No. 6 Preliminary Safety Evaluation Report Draft Certificate of Compliance No. 1032 ML22145A408 Amendment No. 6

17 Proposed Certificate of Compliance No. 1032 ML22145A409 Amendment No. 6 Technical Specifications, Appendix A Proposed Certificate of Compliance No. 1032 ML22145A410 Amendment No. 6 Approved Contents and Design Features, Appendix B User Need Memorandum for Rulemaking for ML22145A407 the HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 6

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-2022-0181. In addition, the Federal rulemaking w ebsite allows

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-2 022-0181), 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:

18 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.

2. In § 72.214, revise Certificate of Compliance No. 1032 to read as follows:

§ 72.214 List of approved spent fuel storage casks.

Certificate Number: 1032.

Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0,

Revision 1, on April 25, 2016.

Amendment Number 0, Revision 1, Effective Date: April 25, 2016.

Amendment Number 1 Effective Date: December 17, 2014, superseded by Amendment

Number 1, Revision 1, on June 2, 2015.

Amendment Number 1, Revision 1, Effective Date: June 2, 2015.

Amendment Number 2 Effective Date: November 7, 2016.

Amendment Number 3 Effective Date: September 11, 2017.

Amendment Number 4 Effective Date: July 14, 2020.

Amendment Number 5 Effective Date: July 27, 2020.

Amendment Number 6 Effective Date: [INSERT DATE 75 DAYS AFTER

PUBLICATION IN THE FEDERAL REGISTER].

19 Amendment Number 7 [Reserved]

Amendment Number 8 Effective Date: October 11, 2022.

SAR Submitted by: Holtec International.

SAR

Title:

Final Safety Analysis Report for the HI-STORM FW System.

Docket Number: 72-1032.

Certificate Expiration Date: June 12, 2031.

Model Number: HI-STORM FW MPC-37, MPC-89.

Dated: December 21, 2022.

For the Nuclear Regulatory Commission.

/RA/

Daniel H. Dorman, Executive Director for Operations.

20