80 FR 35872 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 120 (June 23, 2015)

Page Range		35872-35874
FR Document		2015-15474

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International, Inc. (Holtec), HI-STORM (Holtec International Storage Module) Underground Maximum Capacity (UMAX) Canister Storage System listing within the ``List of approved spent fuel storage casks'' to add Amendment No. 1 to Certificate of Compliance (CoC) No. 1040. Amendment No. 1 provides a seismically enhanced version of the HI-STORM UMAX Canister Storage System, identified as the ``Most Severe Earthquake (MSE)'' version that could be used in areas with higher seismic demands than those analyzed previously. Amendment No. 1 also includes minor physical design changes to help ensure structural integrity of the amended system. These are the addition of a hold-down system to the closure lid; replacing the fill material in the interstitial spaces between the cavity enclosure containers (CECs) surrounding the casks with plain concrete with a minimum comprehensive strength of 3000 psi concrete; strengthening the multi-purpose canister (MPC) guides; and engineering the guides' nominal gap with the MPC to be tighter than the original HI-STORM UMAX Canister Storage System design.

Federal Register, Volume 80 Issue 120 (Tuesday, June 23, 2015)

[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Proposed Rules]
[Pages 35872-35874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15474]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

 [NRC-2015-0067]
RIN 3150-AJ58


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 
1040, Amendment No. 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage regulations by revising the Holtec 
International, Inc. (Holtec), HI-STORM (Holtec International Storage 
Module) Underground Maximum Capacity (UMAX) Canister Storage System 
listing within the ``List of approved spent fuel storage casks'' to add 
Amendment No. 1 to Certificate of Compliance (CoC) No. 1040. Amendment 
No. 1 provides a seismically enhanced version of the HI-STORM UMAX 
Canister Storage System, identified as the ``Most Severe Earthquake 
(MSE)'' version that could be used in areas with higher seismic demands 
than those analyzed previously. Amendment No. 1 also includes minor 
physical design changes to help ensure structural integrity of the 
amended system. These are the addition of a hold-down system to the 
closure lid; replacing the fill material in the interstitial spaces 
between the cavity enclosure containers (CECs) surrounding the casks 
with plain concrete with a minimum comprehensive strength of 3000 psi 
concrete; strengthening the multi-purpose canister (MPC) guides; and 
engineering the guides' nominal gap with the MPC to be tighter than the 
original HI-STORM UMAX Canister Storage System design.

DATES: Submit comments by July 23, 2015. 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.

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-2015-0067. 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: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: (301) 415-3781; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0067 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-2015-0067.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access 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-2015-0067 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, 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.

II. Procedural Background

    This proposed rule is limited to the changes contained in Amendment 
No. 1 to CoC No. 1040 and does not include other aspects of the Holtec 
HI-STORM UMAX Canister Storage System. Because the NRC considers this 
action noncontroversial and routine, the NRC is publishing this 
proposed rule

[[Page 35873]]

concurrently with a direct final rule in the Rules and Regulations 
section of this issue of the Federal Register. The direct final rule 
will become effective on September 8, 2015. However, if the NRC 
receives significant adverse comments on this proposed rule by July 23, 
2015, then the NRC will publish a document that withdraws the direct 
final rule. If the direct final rule is withdrawn, the NRC will address 
the comments received in response to these proposed revisions in a 
subsequent final rule. Absent significant modifications to the proposed 
revisions requiring republication, the NRC will not initiate a second 
comment period on this action in the event the direct final rule is 
withdrawn.
    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 additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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 
March 6, 2015 (80 FR 12073), as corrected on March 25, 2015 (80 FR 
15679), that approved the HI-STORM UMAX Canister Storage System design 
and added it to the list of NRC-approved cask designs in 10 CFR 72.214 
as CoC No. 1040.

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. 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). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                        Adams accession No./ Web link/
              Document                    Federal Register  citation
------------------------------------------------------------------------
Proposed CoC No. 1040, Amendment     ML15070A151
 No. 1.
Appendix A of Proposed TS..........  ML15070A153
Appendix B of Proposed TS..........  ML15070A152
Preliminary SER....................  ML15070A149
Request for Amendment Application    ML14202A029
 dated July 11, 2014.
Supplemental Information for         ML14308A164
 Proposed Action dated October 31,
 2014.
------------------------------------------------------------------------

    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-2015-0067. 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-2015-0067); (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 proposing to adopt the 
following amendments to 10 CFR part 72.

[[Page 35874]]

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. 1040 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1040.
    Initial Certificate Effective Date: April 6, 2015.
    Amendment No. 1 Effective Date: September 8, 2015.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec 
International HI-STORM UMAX Canister Storage System.
    Docket Number: 72-1040.
    Certificate Expiration Date: April 6, 2035.
    Model Number: MPC-37, MPC-89.

    Dated at Rockville, Maryland, this 11th day of June, 2015.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-15474 Filed 6-22-15; 8:45 am]
BILLING CODE 7590-01-P

35874 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Proposed Rules

PART 72—LICENSING DEPARTMENT OF ENERGY and/or RIN in the subject line of the
REQUIREMENTS FOR THE message.
INDEPENDENT STORAGE OF SPENT 10 CFR Parts 429 and 431 3. Mail: Ms. Brenda Edwards, U.S.
NUCLEAR FUEL, HIGH-LEVEL Department of Energy, Building
[Docket No. EERE–2014–BT–TP–0055] Technologies office, Mailstop EE–5B,
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN 1000 Independence Avenue SW.,
RIN 1904–AD41
CLASS C WASTE Washington, DC 20585–0121. If
Energy Conservation Program: Test possible, please submit all items on a
■ 1. The authority citation for part 72 Procedures for Commercial Prerinse compact disk (CD), in which case it is
continues to read as follows: Spray Valves not necessary to include printed copies.
Authority: Atomic Energy Act secs. 51, 53,
4. Hand Delivery/Courier: Ms. Brenda
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, AGENCY: Office of Energy Efficiency and Edwards, U.S. Department of Energy,
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, Renewable Energy, Department of Building Technologies Office, 950
2077, 2092, 2093, 2095, 2099, 2111, 2201, Energy. L’Enfant Plaza SW., Suite 600,
2232, 2233, 2234, 2236, 2237, 2239, 2273, ACTION: Notice of proposed rulemaking Washington, DC 20024. Telephone:
2282, 2021); Energy Reorganization Act secs. and announcement of public meeting. (202) 586–2945. If possible, please
201, 202, 206, 211 (42 U.S.C. 5841, 5842, submit all items on a CD, in which case
5846, 5851); National Environmental Policy SUMMARY: The U.S. Department of it is not necessary to include printed
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Energy (DOE) proposes to amend the copies.
Policy Act secs. 131, 132, 133, 135, 137, 141, test procedures for commercial prerinse For detailed instructions on
148 (42 U.S.C. 10151, 10152, 10153, 10155,
spray valves to consider the latest submitting comments and additional
10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704 (44 version of the industry standard that is information on the rulemaking process,
U.S.C. 3504 note); Energy Policy Act of 2005, incorporated by reference and to see section V of this document (Public
Pub. L. 109–58, 119 Stat. 788 (2005). consider a procedure for measuring the Participation).
spray force. DOE also proposes to revise Docket: The docket, which includes
Section 72.44(g) also issued under Nuclear
Waste Policy Act secs. 142(b) and 148(c), (d) the definition of commercial prerinse Federal Register notices, public meeting
(42 U.S.C. 10162(b), 10168(c), (d)). spray valve and the current test attendee lists and transcripts,
Section 72.46 also issued under Atomic procedure as they relate to various spray comments, and other supporting
Energy Act sec. 189 (42 U.S.C. 2239); Nuclear valves currently on the market, documents/materials, is available for
Waste Policy Act sec. 134 (42 U.S.C. 10154). including those with multiple spray review at www.regulations.gov. All
Section 72.96(d) also issued under Nuclear patterns. DOE does not believe the documents in the docket are listed in
Waste Policy Act sec. 145(g) (42 U.S.C. proposed changes will affect the the regulations.gov index. However,
10165(g)). measured water use. As part of this some documents listed in the index,
Subpart J also issued under Nuclear Waste
proposal, DOE is announcing a public such as those containing information
Policy Act secs. 117(a), 141(h) (42 U.S.C.
10137(a), 10161(h)). meeting to collect comments and data that is exempt from public disclosure,
Subpart K also issued under Nuclear Waste on its proposal. may not be publicly available.
Policy Act sec. 218(a) (42 U.S.C. 10198). DATES: DOE will hold a public meeting A link to the docket Web page can be
on Tuesday, July 28, 2015 from 9:00 found at: www1.eere.energy.gov/
■ 2. In § 72.214, Certificate of buildings/appliance_standards/
a.m. to 12:00 p.m., in Washington, DC.
Compliance No. 1040 is revised to read product.aspx/productid/54. This Web
The meeting will also be broadcast as a
as follows: page will contain a link to the docket for
webinar. See section V, ‘‘Public
§ 72.214 List of approved spent fuel Participation,’’ for instructions and this notice on the www.regulations.gov
storage casks. information concerning meeting site. The www.regulations.gov Web page
* * * * * attendance and webinar participation. will contain simple instructions on how
DOE will accept comments, data, and to access all documents, including
Certificate Number: 1040.
information regarding this proposed public comments, in the docket. See
Initial Certificate Effective Date: April section V for information on how to
rulemaking before and after the public
6, 2015. submit comments through
meeting, but no later than September 8,
Amendment No. 1 Effective Date: 2015. See section V, ‘‘Public regulations.gov.
September 8, 2015. Participation,’’ for details. FOR FURTHER INFORMATION CONTACT: Mr.
SAR Submitted by: Holtec ADDRESSES: The public meeting will be James Raba, U.S. Department of Energy,
International, Inc. held at the U.S. Department of Energy, Office of Energy Efficiency and
SAR Title: Final Safety Analysis Forrestal Building, Room 8E–089, 1000 Renewable Energy, Building
Report for the Holtec International HI– Independence Avenue SW., Technologies Office, EE–5B, 1000
STORM UMAX Canister Storage Washington, DC 20585. Independence Avenue SW.,
System. Any comments submitted must Washington, DC 20585–0121.
Docket Number: 72–1040. identify the NOPR for test procedures Telephone: (202) 586–8654. Email:
Certificate Expiration Date: April 6, for commercial prerinse spray valves, jim.raba@ee.doe.gov.
2035. and provide docket number EERE– Ms. Johanna Hariharan, U.S.
2014–BT–TP–0055 and/or Regulation Department of Energy, Office of the
mstockstill on DSK4VPTVN1PROD with PROPOSALS

Model Number: MPC–37, MPC–89.
Identifier Number (RIN) number 1904– General Counsel, GC–33, 1000
Dated at Rockville, Maryland, this 11th day AD41. Comments may be submitted Independence Avenue SW.,
of June, 2015.
using any of the following methods: Washington, DC 20585–0121.
For the Nuclear Regulatory Commission. 1. Federal eRulemaking Portal: Telephone: (202) 287–6307. Email:
Mark A. Satorius, www.regulations.gov. Follow the Johanna.Hariharan@hq.doe.gov.
Executive Director for Operations. instructions for submitting comments. For further information about how to
[FR Doc. 2015–15474 Filed 6–22–15; 8:45 am] 2. Email: SprayValves2014TP0055@ submit a comment, review other public
BILLING CODE 7590–01–P ee.doe.gov. Include the docket number comments and the docket, or participate

VerDate Sep<11>2014 16:48 Jun 22, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\23JNP1.SGM 23JNP1

Document Created: 2018-02-22 11:15:23
Document Modified: 2018-02-22 11:15:23

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		Proposed Rules
Action		Proposed rule.
Dates		Submit comments by July 23, 2015. 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.
Contact		Solomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: (301) 415-3781; email: [email protected]
FR Citation		80 FR 35872
RIN Number		3150-AJ58
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