80 FR 14291 - List of Approved Spent Fuel Storage Casks: Holtec HI-STORM Flood/Wind System; Certificate of Compliance No. 1032, Amendment No. 1, Revision 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 53 (March 19, 2015)
Federal Register Volume 80, Issue 53 (March 19, 2015)
| Page Range | 14291-14295 | |
| FR Document | 2015-06367 |
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)] [Rules and Regulations] [Pages 14291-14295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06367] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations [[Page 14291]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2014-0275] RIN 3150-AJ52 List of Approved Spent Fuel Storage Casks: Holtec HI-STORM Flood/ Wind System; Certificate of Compliance No. 1032, Amendment No. 1, Revision 1 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, Inc. (Holtec), HI-STORM Flood/Wind (FW) System listing within the ``List of approved spent fuel storage casks'' to add Amendment No. 1, Revision 1, to Certificate of Compliance (CoC) No. 1032. Amendment No. 1, Revision 1, allows these casks to accept 14X14B fuel assemblies with minor changes in the internal diameter of the fuel cladding, diameter of the fuel pellet, and spacing between the fuel pins. The amendment also updates testing requirements for the fabrication of Metamic HT neutron-absorbing structural material. DATES: The direct final rule is effective June 2, 2015, unless significant adverse comments are received by April 20, 2015. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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 Commission is able to ensure consideration only for comments received 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: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0275. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Email comments to: [email protected]. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677. 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: Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-5175, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments II. Procedural Background 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 Environmental 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-2014-0275 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0275. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ``Availability of Documents'' section. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2014-0275 in the subject line of your comment submission. 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 http://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, 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. [[Page 14292]] Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Procedural Background This direct final rule is limited to adding Amendment No. 1, Revision 1, which will supersede Amendment No. 1 (effective December 17, 2014), to CoC No. 1032 to the ``List of approved spent fuel storage casks,'' and does not include other aspects of the Holtec HI-STORM FW System design. Amendment No. 1 continues to be effective but is now being modified with respect to certain specified provisions, as outlined in Amendment No. 1, Revision 1, and in Section IV of this document, which apply to all general licensees using the casks for Independent Spent Fuel Storage Installations (ISFSIs). Therefore, Amendment No. 1, Revision 1, supersedes the previously issued Amendment No. 1 (effective December 17, 2014). In requesting this revision, Holtec indicated that no ISFSI licensee has placed such a cask into service under CoC No. 1032, Amendment No. 1. The NRC is using the ``direct final rule procedure'' to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. The amendment to the rule will become effective on June 2, 2015. However, if the NRC receives significant adverse comments on this direct final rule by April 20, 2015, 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 Rule section of this issue of the Federal Register. 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 rule's 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 staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (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 staff to make a change (other than editorial) to the rule, CoC, or Technical Specifications (TSs). For detailed instructions on filing comments, please see the ADDRESSES section of this document. III. Background Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that ``the 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 NWPA 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 which added a new subpart K in part 72 of Title 10 of the Code of Federal Regulations (10 CFR) entitled, ``General License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on October 3, 2014 (79 FR 59623), that approved the HI-STORM FW System design amendment and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1032, Amendment No. 1. IV. Discussion of Changes On July 31, 2013, Holtec submitted a revision request for the Holtec HI-STORM FW System CoC No. 1032, Amendment No. 1. Holtec supplemented its request on November 5, 2013. As a revision, the CoC will supersede the previous version of the CoC and its TSs, effective December 17, 2014, in their entirety. Amendment No. 1, Revision 1, revises the authorized contents of the cask in Appendix B to the TSs to include 14X14B fuel assemblies with minor changes in the internal diameter of the fuel cladding, diameter of the fuel pellet, and fuel rod pitch (distance from fuel pin centerlines). The amendment also updates testing requirements for the fabrication of Metamic HT neutron- absorbing aluminum alloy structural material used to secure the spent fuel inside the cask. These changes to Appendix B of the TSs are identified with revision bars in the margin of the document. Specifically, Amendment No. 1, Revision 1, changes the fuel cladding internal diameter, the fuel pellet diameter, and the fuel rod pitch (distance from fuel pin centerlines) of the fuel assembly class 14X14B. These changes in spacing between the fuel pins would result in a volumetric increase of 0.6 percent of the fuel and a reduction of 0.13 percent of the original flow area. Because this reduced flow area is still larger than the 17X17 assembly flow area used as the bounding scenario, the flow resistance factor is still less restrictive than the bounding scenario, and the passive decay heat removal of the proposed 14X14B assembly is still conservative. Amendment No. 1, Revision 1, also removes fabrication testing requirements for the thermal expansion coefficient and thermal conductivity of Metamic HT neutron-absorbing structural material, as these properties have little variability in this aluminum alloy when fabricated according to the manufacturer's manual. As documented in the safety evaluation report (SER), the NRC staff performed a detailed safety evaluation of the proposed CoC Amendment No. 1, Revision 1 request. There are no significant changes to cask design requirements in the proposed Revision 1 to the CoC Amendment No. 1. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts [[Page 14293]] would be insignificant. Amendment No. 1, Revision 1 does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 1, Revision 1, would remain well within 10 CFR part 20 radiation protection limits. Therefore, the proposed CoC 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 October 3, 2014 (79 FR 59623), final rule that approved the HI-STORM FW System design Amendment 1. There will be no significant change in the types or amounts of any effluent released, no significant increase in individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. This direct final rule revises the Holtec HI-STORM FW System listing in 10 CFR 72.214 by superseding Amendment 1 to CoC No. 1032 (effective December 17, 2014) with Amendment No. 1, Revision 1. The revision consists of the changes previously described, as set forth in the revised CoC and TSs. Appendix A and the revised Appendix B of the TSs are identified in the SER and are also available in ADAMS. The amended Holtec HI-STORM FW System design, when used under the conditions specified in the CoC, the TSs, and the NRC's regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into Holtec HI-STORM FW Systems that meet the criteria of Amendment No. 1, Revision 1, to CoC No. 1032 under 10 CFR 72.212. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards 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 will revise the Holtec HI-STORM FW System design listed in Sec. 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 Under the ``Policy Statement on Adequacy and Compatibility of Agreement State Programs'' approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category ``NRC.'' Compatibility is not required for Category ``NRC'' regulations. 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. Although an Agreement State may not adopt program elements reserved to the NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State. 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 31883). VIII. Environmental Assessment and Finding of No Significant Environmental Impact A. The Action This direct final rule amends 10 CFR 72.214 by revising the CoC for the Holtec HI-STORM FW System design listing within the ``List of approved spent fuel storage casks'' to add Amendment No. 1, Revision 1, to CoC No. 1032. Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' the NRC has determined that this 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 this environmental assessment. B. The Need for the Action This direct final rule revises the CoC for the Holtec HI-STORM FW System within the list of approved systems that can be used for dry storage of additional fuel assembly designs now in reactor spent fuel storage pools. 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 initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this Amendment No. 1, Revision 1, of CoC 1032 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 Act. Holtec HI-STORM FW Systems are 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 ISFSI, 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, 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. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of confinement, shielding, and criticality control. If there is no loss of confinement, shielding, or criticality control, the environmental impacts would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. There are no significant changes to cask design requirements in the proposed CoC amendment. In addition, because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 1, Revision 1, would remain well within 10 CFR part 20 radiation protection limits. Therefore, the proposed CoC 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 amounts of any effluents released, no significant increase in individual or cumulative radiation exposure, and no significant [[Page 14294]] increase in the potential for or consequences from radiological accidents. The staff has documented its safety findings in the SER. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 1, Revision 1, and end this direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the Holtec HI-STORM FW System in accordance with the changes described in proposed Amendment No. 1, Revision 1, would have to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, each separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Therefore, the environmental impacts of the alternative to the action would be the same or more than the impacts of the action. E. Alternative Use of Resources Approval of Amendment No. 1, Revision 1, to CoC No. 1032 would result in no irreversible commitments 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 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, ``Holtec HI-STORM Flood/Wind System; Certificate of Compliance No. 1032, Amendment No. 1, Revision 1,'' 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 rule does not contain any information collection requirements, and is therefore not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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 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 Holtec International, Inc. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 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 it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec HI-STORM FW System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On July 31, 2013, and as supplemented on November 5, 2013, Holtec submitted an application to amend the HI-STORM FW System as described in Section IV, ``Discussion of Changes,'' of this document. The alternative to this action is to withhold approval of Amendment No. 1, Revision 1, and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into a Holtec HI-STORM FW System under the changes described in Amendment No. 1, Revision 1, to request an exemption from the requirements of 10 CFR 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 licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the environmental assessment, the 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 the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and therefore, this action is recommended. XII. Backfitting and Issue Finality This direct final rule revises the CoC No. 1032 for the Holtec HI- STORM FW System, as currently listed in 10 CFR 72.214, ``List of approved spent fuel storage casks.'' Amendment No. 1, Revision 1, revises authorized contents of the cask to include 14X14B fuel assemblies with minor changes in the internal diameter of the fuel cladding, diameter of the fuel pellet, and spacing between the fuel pins. The revision also updates testing requirements for the fabrication of Metamic HT neutron-absorbing aluminum alloy structural material used to secure the spent fuel inside the cask. Although Holtec has manufactured some casks under the existing CoC 1032, Amendment No. 1 that is being revised by this direct final rule, Holtec, as the vendor, is not subject to backfitting protection under 10 CFR 72.62. Moreover, Holtec requested the change and has requested to apply it to the existing casks manufactured under Amendment No. 1. Therefore, even if the vendor were deemed to be an entity protected from backfitting, this request represents a voluntary change and is not backfitting. Additionally, because Holtec has not delivered any cask certified under CoC No. 1032, Amendment No. 1, no ISFSI licensee has placed such a cask into service. Therefore, the changes in Amendment 1, Revision 1 which are approved in this direct final rule do not fall within the definition of backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Finally, the changes in CoC No. 1032, Amendment 1, Revision 1 do not apply to casks manufactured to the initial CoC 1032, and therefore, have no effect on current ISFSI licensees using these casks. While any current CoC user may comply with the new requirements in Amendment No. 1, Revision 1, this would be a voluntary decision on the part of the user. For these reasons, NRC approval of CoC No. 1032, Amendment [[Page 14295]] No. 1, Revision 1, does not constitute backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions in 10 CFR part 52 for users of the Holtec HI-STORM FW System manufactured to the initial CoC No. 1032. For the reasons set forth above, the NRC has not prepared a backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52. XIII. Congressional Review Act This action is not a major rule as defined in the Congressional Review Act (5 U.S.C. 801-808). XIV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated below. ------------------------------------------------------------------------ ADAMS Accession No./Web link/ Document Federal Register citation ------------------------------------------------------------------------ CoC No. 1032, Amendment No. 1, Revision ML14276A621 1. CoC No. 1032, Amendment No. 1, Revision ML14276A618 1, Appendix A to the Technical Specifications. CoC No. 1032, Amendment No. 1, Revision ML14276A617 1, Appendix B of the Technical Specifications. CoC No. 1032, Amendment No. 1, Revision ML14276A620 1, Preliminary SER. Holtec International HI-STORM Flood/Wind ML13214A023 Multipurpose Canister Storage System, License Amendment Request 1032-2, July 31, 2013. Submittal of Response to First Request ML13311A103 for Additional Information for License Amendment Request No. 2 to the Holtec International HI[dash]STORM Flood/Wind Multi-Purpose Canister Storage System, November 5, 2013. ------------------------------------------------------------------------ The NRC may post materials related to this document, including public comments, on the Federal rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2014-0275. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2014-0275); (2) click the ``Sign up for Email Alerts'' link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, 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 0 1. The authority citation for part 72 continues to read as follows: Authority: Atomic Energy Act 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, 2232, 2233, 2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 788 (2005). Section 72.44(g) also issued under Nuclear Waste Policy Act secs. 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K also issued under Nuclear Waste Policy Act sec. 218(a) (42 U.S.C. 10198). 0 2. In Sec. 72.214, Certificate of Compliance No. 1032 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011. 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. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec HI-STORM FW System. Docket Number: 72-1032. Certificate Expiration Date: June 12, 2031. Model Number: HI-STORM FW MPC-37, MPC-89. * * * * * Dated at Rockville, Maryland, this 9th day of March, 2015. For the Nuclear Regulatory Commission. Mark A. Satorius, Executive Director for Operations. [FR Doc. 2015-06367 Filed 3-18-15; 8:45 am] BILLING CODE 7590-01-P
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Rules and Regulations Federal Register
Vol. 80, No. 53
Thursday, March 19, 2015
This section of the FEDERAL REGISTER rule published in the Proposed Rules XII. Backfitting and Issue Finality
contains regulatory documents having general section of this issue of the Federal XIII. Congressional Review Act
applicability and legal effect, most of which Register. XIV. Availability of Documents
are keyed to and codified in the Code of
Federal Regulations, which is published under ADDRESSES: You may submit comments I. Obtaining Information and
50 titles pursuant to 44 U.S.C. 1510. by any of the following methods (unless Submitting Comments
this document describes a different
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the Superintendent of Documents. Prices of specific subject): Please refer to Docket ID NRC–2014–
new books are listed in the first FEDERAL • Federal rulemaking Web site: Go to 0275 when contacting the NRC about
REGISTER issue of each week.
http://www.regulations.gov and search the availability of information for this
for Docket ID NRC–2014–0275. Address action. You may obtain publicly-
NUCLEAR REGULATORY questions about NRC dockets to Carol available information related to this
COMMISSION Gallagher; telephone: 301–415–3463; action by any of the following methods:
email: Carol.Gallagher@nrc.gov. For • Federal rulemaking Web site: Go to
10 CFR Part 72 technical questions contact the http://www.regulations.gov and search
individual listed in the FOR FURTHER for Docket ID NRC–2014–0275.
[NRC–2014–0275] INFORMATION CONTACT section of this • NRC’s Agencywide Documents
RIN 3150–AJ52 document. Access and Management System
• Email comments to: (ADAMS): You may obtain publicly-
List of Approved Spent Fuel Storage Rulemaking.Comments@nrc.gov. If you available documents online in the
Casks: Holtec HI–STORM Flood/Wind do not receive an automatic email reply ADAMS Public Documents collection at
System; Certificate of Compliance No. confirming receipt, then contact us at http://www.nrc.gov/reading-rm/
1032, Amendment No. 1, Revision 1 301–415–1677. adams.html. To begin the search, select
• Fax comments to: Secretary, U.S. ‘‘ADAMS Public Documents’’ and then
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415–1101.
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Washington, DC 20555–0001, ATTN: 1–800–397–4209, 301–415–4737, or by
Commission (NRC) is amending its
Rulemakings and Adjudications Staff. email to pdr.resource@nrc.gov. For the
spent fuel storage regulations by
• Hand deliver comments to: 11555 convenience of the reader, instructions
revising the Holtec International, Inc.
Rockville Pike, Rockville, Maryland about obtaining materials referenced in
(Holtec), HI–STORM Flood/Wind (FW)
20852, between 7:30 a.m. and 4:15 p.m. this document are provided in the
System listing within the ‘‘List of
(Eastern Time) Federal workdays; ‘‘Availability of Documents’’ section.
approved spent fuel storage casks’’ to
telephone: 301–415–1677. • NRC’s PDR: You may examine and
add Amendment No. 1, Revision 1, to
For additional direction on obtaining purchase copies of public documents at
Certificate of Compliance (CoC) No.
information and submitting comments, the NRC’s PDR, Room O1–F21, One
1032. Amendment No. 1, Revision 1,
see ‘‘Obtaining Information and White Flint North, 11555 Rockville
allows these casks to accept 14X14B
Submitting Comments’’ in the Pike, Rockville, Maryland 20852.
fuel assemblies with minor changes in
SUPPLEMENTARY INFORMATION section of
the internal diameter of the fuel B. Submitting Comments
this document.
cladding, diameter of the fuel pellet, Please include Docket ID NRC–2014–
and spacing between the fuel pins. The FOR FURTHER INFORMATION CONTACT:
Robert D. MacDougall, Office of Nuclear 0275 in the subject line of your
amendment also updates testing comment submission.
requirements for the fabrication of Material Safety and Safeguards, U.S.
The NRC cautions you not to include
Metamic HT neutron-absorbing Nuclear Regulatory Commission,
identifying or contact information that
structural material. Washington DC 20555–0001; telephone:
you do not want to be publicly
301–415–5175, email:
DATES: The direct final rule is effective disclosed in your comment submission.
Robert.MacDougall@nrc.gov.
June 2, 2015, unless significant adverse The NRC will post all comment
comments are received by April 20, SUPPLEMENTARY INFORMATION: submissions at http://
2015. If the direct final rule is I. Obtaining Information and Submitting www.regulations.gov as well as enter the
withdrawn as a result of such Comments comment submissions into ADAMS.
comments, timely notice of the II. Procedural Background The NRC does not routinely edit
withdrawal will be published in the III. Background comment submissions to remove
Federal Register. Comments received IV. Discussion of Changes identifying or contact information.
V. Voluntary Consensus Standards
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after this date will be considered if it is If you are requesting or aggregating
practical to do so, but the Commission VI. Agreement State Compatibility comments from other persons for
VII. Plain Writing
is able to ensure consideration only for VIII. Environmental Assessment and Finding
submission to the NRC, you should
comments received on or before this of No Significant Environmental Impact inform those persons not to include
date. Comments received on this direct IX. Paperwork Reduction Act Statement identifying or contact information that
final rule will also be considered to be X. Regulatory Flexibility Certification they do not want to be publicly
comments on a companion proposed XI. Regulatory Analysis disclosed in their comment submission.
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![14292 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations
Your request should state that the NRC (b) The comment raises an issue IV. Discussion of Changes
does not routinely edit comment serious enough to warrant a substantive On July 31, 2013, Holtec submitted a
submissions to remove such information response to clarify or complete the revision request for the Holtec HI–
before making the comment record; or STORM FW System CoC No. 1032,
submissions available to the public or (c) The comment raises a relevant Amendment No. 1. Holtec
entering the comment into ADAMS. issue that was not previously addressed supplemented its request on November
II. Procedural Background or considered by the NRC staff. 5, 2013. As a revision, the CoC will
This direct final rule is limited to (2) The comment proposes a change supersede the previous version of the
adding Amendment No. 1, Revision 1, or an addition to the rule, and it is CoC and its TSs, effective December 17,
which will supersede Amendment No. 1 apparent that the rule would be 2014, in their entirety. Amendment No.
(effective December 17, 2014), to CoC ineffective or unacceptable without 1, Revision 1, revises the authorized
No. 1032 to the ‘‘List of approved spent incorporation of the change or addition. contents of the cask in Appendix B to
fuel storage casks,’’ and does not (3) The comment causes the NRC staff the TSs to include 14X14B fuel
include other aspects of the Holtec HI– to make a change (other than editorial) assemblies with minor changes in the
STORM FW System design. to the rule, CoC, or Technical internal diameter of the fuel cladding,
Amendment No. 1 continues to be Specifications (TSs). diameter of the fuel pellet, and fuel rod
effective but is now being modified with pitch (distance from fuel pin
For detailed instructions on filing
respect to certain specified provisions, centerlines). The amendment also
comments, please see the ADDRESSES
as outlined in Amendment No. 1, updates testing requirements for the
section of this document.
Revision 1, and in Section IV of this fabrication of Metamic HT neutron-
document, which apply to all general III. Background absorbing aluminum alloy structural
licensees using the casks for material used to secure the spent fuel
Section 218(a) of the Nuclear Waste inside the cask. These changes to
Independent Spent Fuel Storage Policy Act (NWPA) of 1982, as
Installations (ISFSIs). Therefore, Appendix B of the TSs are identified
amended, requires that ‘‘the Secretary with revision bars in the margin of the
Amendment No. 1, Revision 1, [of the Department of Energy] shall
supersedes the previously issued document.
establish a demonstration program, in Specifically, Amendment No. 1,
Amendment No. 1 (effective December cooperation with the private sector, for
17, 2014). In requesting this revision, Revision 1, changes the fuel cladding
the dry storage of spent nuclear fuel at internal diameter, the fuel pellet
Holtec indicated that no ISFSI licensee civilian nuclear power reactor sites,
has placed such a cask into service diameter, and the fuel rod pitch
with the objective of establishing one or (distance from fuel pin centerlines) of
under CoC No. 1032, Amendment No. 1.
more technologies that the [Nuclear the fuel assembly class 14X14B. These
The NRC is using the ‘‘direct final
Regulatory] Commission may, by rule, changes in spacing between the fuel
rule procedure’’ to issue this
approve for use at the sites of civilian pins would result in a volumetric
amendment because it represents a
nuclear power reactors without, to the increase of 0.6 percent of the fuel and
limited and routine change to an
maximum extent practicable, the need a reduction of 0.13 percent of the
existing CoC that is expected to be
for additional site-specific approvals by original flow area. Because this reduced
noncontroversial. The amendment to
the Commission.’’ Section 133 of the flow area is still larger than the 17X17
the rule will become effective on June
NWPA states, in part, that ‘‘[t]]he assembly flow area used as the
2, 2015. However, if the NRC receives
Commission shall, by rule, establish bounding scenario, the flow resistance
significant adverse comments on this
procedures for the licensing of any factor is still less restrictive than the
direct final rule by April 20, 2015, then
technology approved by the bounding scenario, and the passive
the NRC will publish a document that
Commission under Section 219(a) [sic: decay heat removal of the proposed
withdraws this action and will
218(a)] for use at the site of any civilian 14X14B assembly is still conservative.
subsequently address the comments
nuclear power reactor.’’ Amendment No. 1, Revision 1, also
received in a final rule as a response to
the companion proposed rule published To implement this mandate, the removes fabrication testing
in the Proposed Rule section of this Commission approved dry storage of requirements for the thermal expansion
issue of the Federal Register. Absent spent nuclear fuel in NRC-approved coefficient and thermal conductivity of
significant modifications to the casks under a general license by Metamic HT neutron-absorbing
proposed revisions requiring publishing a final rule which added a structural material, as these properties
republication, the NRC will not initiate new subpart K in part 72 of Title 10 of have little variability in this aluminum
a second comment period on this action. the Code of Federal Regulations (10 alloy when fabricated according to the
A significant adverse comment is a CFR) entitled, ‘‘General License for manufacturer’s manual.
comment where the commenter Storage of Spent Fuel at Power Reactor As documented in the safety
explains why the rule would be Sites’’ (55 FR 29181; July 18, 1990). This evaluation report (SER), the NRC staff
inappropriate, including challenges to rule also established a new subpart L in performed a detailed safety evaluation
the rule’s underlying premise or 10 CFR part 72 entitled, ‘‘Approval of of the proposed CoC Amendment No. 1,
approach, or would be ineffective or Spent Fuel Storage Casks,’’ which Revision 1 request. There are no
unacceptable without a change. A contains procedures and criteria for significant changes to cask design
comment is adverse and significant if: obtaining NRC approval of spent fuel requirements in the proposed Revision
(1) The comment opposes the rule and storage cask designs. The NRC 1 to the CoC Amendment No. 1.
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provides a reason sufficient to require a subsequently issued a final rule on Considering the specific design
substantive response in a notice-and- October 3, 2014 (79 FR 59623), that requirements for each accident
comment process. For example, a approved the HI–STORM FW System condition, the design of the cask would
substantive response is required when: design amendment and added it to the prevent loss of containment, shielding,
(a) The comment causes the NRC staff list of NRC-approved cask designs in 10 and criticality control. If there is no loss
to reevaluate (or reconsider) its position CFR 72.214 as CoC No. 1032, of containment, shielding, or criticality
or conduct additional analysis; Amendment No. 1. control, the environmental impacts
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![Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14295
No. 1, Revision 1, does not constitute For the reasons set forth above, the XIV. Availability of Documents
backfitting under 10 CFR 72.62 or 10 NRC has not prepared a backfit analysis
CFR 50.109(a)(1), or otherwise represent or additional documentation addressing The documents identified in the
an inconsistency with the issue finality the issue finality criteria in 10 CFR part following table are available to
provisions in 10 CFR part 52 for users 52. interested persons through one or more
of the Holtec HI–STORM FW System of the following methods, as indicated
XIII. Congressional Review Act below.
manufactured to the initial CoC No.
This action is not a major rule as
1032.
defined in the Congressional Review
Act (5 U.S.C. 801–808).
ADAMS
Accession No./
Web link/
Document Federal
Register
citation
CoC No. 1032, Amendment No. 1, Revision 1 ............................................................................................................................... ML14276A621
CoC No. 1032, Amendment No. 1, Revision 1, Appendix A to the Technical Specifications ........................................................ ML14276A618
CoC No. 1032, Amendment No. 1, Revision 1, Appendix B of the Technical Specifications ........................................................ ML14276A617
CoC No. 1032, Amendment No. 1, Revision 1, Preliminary SER .................................................................................................. ML14276A620
Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, License Amendment Request 1032–2, ML13214A023
July 31, 2013.
Submittal of Response to First Request for Additional Information for License Amendment Request No. 2 to the Holtec Inter- ML13311A103
national HI-STORM Flood/Wind Multi-Purpose Canister Storage System, November 5, 2013.
The NRC may post materials related PART 72—LICENSING § 72.214 List of approved spent fuel
to this document, including public REQUIREMENTS FOR THE storage casks.
comments, on the Federal rulemaking INDEPENDENT STORAGE OF SPENT * * * * *
Web site at http://www.regulations.gov NUCLEAR FUEL, HIGH–LEVEL Certificate Number: 1032.
under Docket ID NRC–2014–0275. The RADIOACTIVE WASTE, AND
Federal rulemaking Web site allows you REACTOR–RELATED GREATER THAN Initial Certificate Effective Date: June
to receive alerts when changes or CLASS C WASTE 13, 2011.
additions occur in a docket folder. To Amendment Number 1 Effective Date:
subscribe: (1) Navigate to the docket ■ 1. The authority citation for part 72 December 17, 2014, superseded by
folder (NRC–2014–0275); (2) click the continues to read as follows: Amendment Number 1, Revision 1, on
‘‘Sign up for Email Alerts’’ link; and (3) Authority: Atomic Energy Act secs. 51, 53, June 2, 2015.
enter your email address and select how 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, Amendment Number 1, Revision 1,
frequently you would like to receive 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, Effective Date: June 2, 2015.
emails (daily, weekly, or monthly). 2077, 2092, 2093, 2095, 2099, 2111, 2201,
SAR Submitted by: Holtec
2232, 2233, 2234, 2236, 2237, 2239, 2273,
List of Subjects in 10 CFR Part 72 International, Inc.
2282, 2021); Energy Reorganization Act secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, SAR Title: Final Safety Analysis
Administrative practice and
5846, 5851); National Environmental Policy Report for the Holtec HI–STORM FW
procedure, Criminal penalties,
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste System.
Manpower training programs, Nuclear Policy Act secs. 131, 132, 133, 135, 137, 141
materials, Occupational safety and Docket Number: 72–1032.
148 (42 U.S.C. 10151, 10152, 10153, 10155,
health, Penalties, Radiation protection, 10157, 10161, 10168); Government Certificate Expiration Date: June 12,
Reporting and recordkeeping Paperwork Elimination Act sec. 1704 (44 2031.
requirements, Security measures, Spent U.S.C. 3504 note); Energy Policy Act of 2005, Model Number: HI–STORM FW
fuel, Whistleblowing. Pub. L. 109–58, 119 Stat. 788 (2005). MPC–37, MPC–89.
Section 72.44(g) also issued under Nuclear
For the reasons set out in the * * * * *
Waste Policy Act secs. 142(b) and 148(c), (d)
preamble and under the authority of the (42 U.S.C. 10162(b), 10168(c), (d)). Dated at Rockville, Maryland, this 9th day
Atomic Energy Act of 1954, as amended; Section 72.46 also issued under Atomic of March, 2015.
the Energy Reorganization Act of 1974, Energy Act sec. 189 (42 U.S.C. 2239); Nuclear For the Nuclear Regulatory Commission.
as amended; the Nuclear Waste Policy Waste Policy Act sec. 134 (42 U.S.C. 10154).
Mark A. Satorius,
Act of 1982, as amended; and 5 U.S.C. Section 72.96(d) also issued under Nuclear
552 and 553; the NRC is adopting the Waste Policy Act sec. 145(g) (42 U.S.C. Executive Director for Operations.
following amendments to 10 CFR part 10165(g)). [FR Doc. 2015–06367 Filed 3–18–15; 8:45 am]
72. Subpart J also issued under Nuclear Waste BILLING CODE 7590–01–P
Policy Act secs. 117(a), 141(h) (42 U.S.C.
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10137(a), 10161(h)).
Subpart K also issued under Nuclear Waste
Policy Act sec. 218(a) (42 U.S.C. 10198).
■ 2. In § 72.214, Certificate of
Compliance No. 1032 is revised to read
as follows:
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Document Created: 2018-02-21 09:42:32
Document Modified: 2018-02-21 09:42:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | The direct final rule is effective June 2, 2015, unless significant adverse comments are received by April 20, 2015. If the 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 Commission is able to ensure consideration only for comments received 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. | |
| Contact | Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-5175, email: [email protected] | |
| FR Citation | 80 FR 14291 | |
| RIN Number | 3150-AJ52 | |
| CFR Associated | Administrative Practice and Procedure; Criminal Penalties; Manpower Training Programs; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing |
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