82_FR_45157 82 FR 44971 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewal of Initial Certificate and Amendment Nos. 1 Through 11, 13, Revision 1, and 14

82 FR 44971 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewal of Initial Certificate and Amendment Nos. 1 Through 11, 13, Revision 1, and 14

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 186 (September 27, 2017)

Page Range44971-44974
FR Document2017-20709

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Standardized NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] System) listing within the ``List of approved spent fuel storage casks'' to renew, for an additional 40-year period, Revision 1 of the initial certificate and Amendment Nos. 1 through 11, and 13, and Amendment No. 14 of Certificate of Compliance (CoC) No. 1004. These changes require, among other things, that all future amendments and revisions to this CoC include evaluations of the impacts to aging management activities (i.e., time-limited aging analyses and aging management programs (AMPs)) to ensure that they remain adequate for any changes to spent fuel storage cask systems, structures, and components (SSCs) within the scope of the renewal. Each general licensee using a NUHOMS[supreg] System at a reactor site must have a program to establish, implement, and maintain written procedures for each AMP described in the AREVA Inc. (AREVA) Updated Final Safety Analysis Report (UFSAR). In addition, the renewals reflect the change in the name of the CoC holder from AREVA to TN Americas LLC, and make several other changes as described in Section IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section of a companion direct final rule published in the Rules and Regulations section of this issue of the Federal Register.

Federal Register, Volume 82 Issue 186 (Wednesday, September 27, 2017) 
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Proposed Rules]
[Pages 44971-44974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20709]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0138]
RIN 3150-AK05


List of Approved Spent Fuel Storage Casks: TN Americas LLC, 
Standardized NUHOMS[supreg] Horizontal Modular Storage System, 
Certificate of Compliance No. 1004, Renewal of Initial Certificate and 
Amendment Nos. 1 Through 11, 13, Revision 1, and 14

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 Standardized 
NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] 
System) listing within the ``List of approved spent fuel storage 
casks'' to renew, for an additional 40-year period, Revision 1 of the 
initial certificate and Amendment Nos. 1 through 11, and 13, and 
Amendment No. 14 of Certificate of Compliance (CoC) No. 1004. These 
changes require, among other things, that all future amendments and 
revisions to this CoC include evaluations of the impacts to aging 
management activities (i.e., time-limited aging analyses and aging 
management programs (AMPs)) to ensure that they remain adequate for any 
changes to spent fuel storage cask systems, structures, and components 
(SSCs) within the scope of the renewal. Each general licensee using a 
NUHOMS[supreg] System at a reactor site must have a program to 
establish, implement, and maintain written procedures for each AMP 
described in the AREVA Inc. (AREVA) Updated Final Safety Analysis 
Report (UFSAR). In addition, the renewals reflect the change in the 
name of the CoC holder from AREVA to TN Americas LLC, and make several 
other changes as described in Section IV, ``Discussion of Changes,'' in 
the SUPPLEMENTARY INFORMATION section of a companion direct final rule 
published in the Rules and Regulations section of this issue of the 
Federal Register.

DATES: Submit comments by October 27, 2017. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
staff 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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0138. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals 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: Christian Jacobs, Office of Nuclear 
Material Safety and Safeguards, 301-415-6825; email: 
[email protected], or Robert D. MacDougall, Office of Nuclear 
Material Safety and Safeguards, 301-415-5175; email: 
[email protected]. Both are staff of the U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0138 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-2017-0138.
     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-2017-0138 in 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

[[Page 44972]]

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. Rulemaking Procedure

    This proposed rule is limited to the renewal of the initial 
certificate and Amendment Nos. 1 through 11, 13, Revision 1, and 
Amendment No. 14 of CoC No. 1004. Because the NRC considers this action 
to be non-controversial and routine, the NRC is publishing this 
proposed rule concurrently with a direct final rule in the Rules and 
Regulations section of this issue of the Federal Register. Adequate 
protection of public health and safety continues to be ensured.
    The direct final rule will become effective on December 11, 2017. 
However, if the NRC receives significant adverse comments on this 
proposed rule by October 27, 2017, 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.
    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 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 ``[the 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). A general license authorizes a reactor licensee 
to store spent fuel in NRC-approved casks at a site that is licensed to 
operate a power reactor under 10 CFR part 50 or 52. 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 December 22, 1994 (59 FR 65898) 
that approved the NUHOMS[supreg] System design and added it to the list 
of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1004.

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./  Federal
                Document                        Register  citation
------------------------------------------------------------------------
Final Rule: ``General License for         55 FR 29181
 Storage of Spent Fuel at Power Reactor
 Sites''.
Final Rule: List of Approved Spent Fuel   59 FR 65898
 Storage Casks: Addition.
AREVA, Inc.--Renewal Application for the  ML14309A341
 Standardized NUHOMS[supreg] System--CoC
 1004.
AREVA, Inc.--Revision 1 to Renewal        ML15295A354
 Application for the Standardized
 NUHOMS[supreg] System--CoC 1004,
 Response to First Request for
 Additional Information.
AREVA, Inc., Second Response to NRC RAI   ML16169A025
 Re: Renewal Application for the
 Standardized NUHOMS[supreg] System--CoC
 1004.
AREVA, Inc., Regarding Response to Re-    ML16279A368
 Issue of Second Request for Additional
 Information--AREVA, Inc. Renewal
 Application for the Standardized
 NUHOMS[supreg] System--CoC 1004.
AREVA, Inc., AREVA Internal               ML16327A011
 Reorganization--Effect on Certificate
 of Compliance Ownership.
Submittal of NUH-003, ``Updated Final     ML14255A191
 Safety Analysis Report (UFSAR) for the
 Standardized NUHOMS[supreg] Horizontal
 Modular Storage System For Irradiated
 Nuclear Fuel,'' Revision 14.
Preliminary Certificate of Compliance     ML17131A006 (package)
 and Preliminary Technical
 Specifications for CoC No. 1004,
 Renewed Amendment Nos. 1-11, Revision
 1, and Amendment Nos. 13-14, Revision 1.

[[Page 44973]]

 
TN Americas LLC, Standardized             ML17131A121
 NUHOMS[supreg] Horizontal Modular
 Storage System--Draft SER [Safety
 Evaluation Report] for Renewed CoC
 1004, Amendment Nos. 1-11, 13 and 14.
------------------------------------------------------------------------

    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-2017-0138. 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-2017-0138); (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, 
Hazardous waste, Indians, Intergovernmental relations, Manpower 
training programs, Nuclear energy, 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:

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 of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.

0
2. In Sec.  72.214, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995, superseded by 
Initial Certificate, Revision 1, on April 25, 2017, superseded by 
Renewed Initial Certificate, Revision 1, on December 11, 2017.
    Initial Certificate, Revision 1, Effective Date: April 25, 2017.
    Renewed Initial Certificate, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 1 Effective Date: April 27, 2000, superseded by 
Amendment Number 1, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 1, Revision 1, on December 11, 2017.
    Amendment Number 1, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 1, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Amendment Number 2, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 2, Revision 1, on December 11, 2017.
    Amendment Number 2, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 2, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 3 Effective Date: September 12, 2001, superseded 
by Amendment Number 3, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 3, Revision 1, on December 11, 2017.
    Amendment Number 3, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 3, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 4 Effective Date: February 12, 2002, superseded by 
Amendment Number 4, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 4, Revision 1, on December 11, 2017.
    Amendment Number 4, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 4, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 5 Effective Date: January 7, 2004, superseded by 
Amendment Number 5, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 5, Revision 1, on December 11, 2017.
    Amendment Number 5, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 5, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 6 Effective Date: December 22, 2003, superseded by 
Amendment Number 6, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 6, Revision 1, on December 11, 2017.
    Amendment Number 6, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 6, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 7 Effective Date: March 2, 2004, superseded by 
Amendment Number 7, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 7, Revision 1, on December 11, 2017.
    Amendment Number 7, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 7, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 8 Effective Date: December 5, 2005, superseded by 
Amendment Number 8, Revision 1 on April 25, 2017, superseded by Renewed 
Amendment Number 8, Revision 1, on December 11, 2017.
    Amendment Number 8, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 8, Revision 1, Effective Date: December 
11, 2017. Amendment Number 9 Effective Date: April 17, 2007, superseded 
by Amendment Number 9, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 9, Revision 1, on December 11, 2017.
    Amendment Number 9, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 9, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 10 Effective Date: August 24, 2009, superseded by 
Amendment Number 10, Revision 1, on

[[Page 44974]]

April 25, 2017, superseded by Renewed Amendment Number 10, Revision 1, 
on December 11, 2017.
    Amendment Number 10, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 10, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 11 Effective Date: January 7, 2014, superseded by 
Amendment Number 11, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 11, Revision 1, on December 11, 2017.
    Amendment Number 11, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 11, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 12 Effective Date: Amendment not issued by the 
NRC.
    Amendment Number 13 Effective Date: May 24, 2014, superseded by 
Amendment Number 13, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 13, Revision 1, on December 11, 2017.
    Amendment Number 13, Revision 1, Effective Date: April 25, 2017.
    Renewed Amendment Number 13, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 14 Effective Date: April 25, 2017, superseded by 
Renewed Amendment Number 14, on December 11, 2017.
    Renewed Amendment Number 14 Effective Date: December 11, 2017.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Renewed Certificate Expiration Date: January 23, 2055.
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *

    Dated at Rockville, Maryland, this 18th day of September, 2017.

    For the Nuclear Regulatory Commission.
Frederick D. Brown,
Acting Executive Director of Operations.
[FR Doc. 2017-20709 Filed 9-26-17; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Proposed Rules 44971 Island, Vermont, Wisconsin, and remain adequate for any changes to Robert.MacDougall@nrc.gov. Both are Washington, DC. spent fuel storage cask systems, staff of the U.S. Nuclear Regulatory * * * * * structures, and components (SSCs) Commission, Washington, DC 20555– (g) District 7—The States of Alabama, within the scope of the renewal. Each 0001. Alaska, Arizona, Arkansas, Colorado, general licensee using a NUHOMS® SUPPLEMENTARY INFORMATION: Hawaii, Idaho, Iowa, Kansas, Louisiana, System at a reactor site must have a Minnesota, Mississippi, Missouri, program to establish, implement, and Table of Contents Montana, Nebraska, Nevada, New maintain written procedures for each I. Obtaining Information and Submitting Mexico, North Dakota, Oklahoma, AMP described in the AREVA Inc. Comments Oregon, South Dakota, Utah, (AREVA) Updated Final Safety Analysis II. Rulemaking Procedure Report (UFSAR). In addition, the III. Background Washington, and Wyoming. renewals reflect the change in the name IV. Plain Writing ■ 3. Section 1210.502 is revised to read V. Availability of Documents as follows: of the CoC holder from AREVA to TN Americas LLC, and make several other I. Obtaining Information and § 1210.502 Importer members. changes as described in Section IV, Submitting Comments Pursuant to § 1210.320(d) of the Plan, ‘‘Discussion of Changes,’’ in the A. Obtaining Information there are twelve importer SUPPLEMENTARY INFORMATION section of a representatives on the Board based on companion direct final rule published Please refer to Docket ID NRC–2017– the proportionate percentage of in the Rules and Regulations section of 0138 when contacting the NRC about assessments paid by importers to the this issue of the Federal Register. the availability of information for this Board. DATES: Submit comments by October 27, action. You may obtain publicly- 2017. Comments received after this date available information related to this Dated: September 21, 2017. will be considered if it is practical to do action by any of the following methods: Bruce Summers, • Federal Rulemaking Web site: Go to Acting Administrator. so, but the NRC staff is able to ensure consideration only for comments http://www.regulations.gov and search [FR Doc. 2017–20610 Filed 9–26–17; 8:45 am] received on or before this date. for Docket ID NRC–2017–0138. BILLING CODE 3410–02–P • NRC’s Agencywide Documents ADDRESSES: You may submit comments Access and Management System by any of the following methods: (ADAMS): You may obtain publicly- • Federal Rulemaking Web site: Go to available documents online in the NUCLEAR REGULATORY http://www.regulations.gov and search COMMISSION ADAMS Public Documents collection at for Docket ID NRC–2017–0138. Address http://www.nrc.gov/reading-rm/ questions about NRC dockets to Carol adams.html. To begin the search, select 10 CFR Part 72 Gallagher; telephone: 301–415–3463; ‘‘ADAMS Public Documents’’ and then [NRC–2017–0138] email: Carol.Gallagher@nrc.gov. For select ‘‘Begin Web-based ADAMS technical questions contact the Search.’’ For problems with ADAMS, RIN 3150–AK05 individuals listed in the FOR FURTHER please contact the NRC’s Public INFORMATION CONTACT section of this List of Approved Spent Fuel Storage Document Room (PDR) reference staff at Casks: TN Americas LLC, document. 1–800–397–4209, 301–415–4737, or by • Email comments to: Standardized NUHOMS® Horizontal email to pdr.resource@nrc.gov. For the Rulemaking.Comments@nrc.gov. If you convenience of the reader, instructions Modular Storage System, Certificate of do not receive an automatic email reply about obtaining materials referenced in Compliance No. 1004, Renewal of confirming receipt, then contact us at this document are provided in the Initial Certificate and Amendment Nos. 301–415–1677. ‘‘Availability of Documents’’ section. 1 Through 11, 13, Revision 1, and 14 • Fax comments to: Secretary, U.S. • NRC’s PDR: You may examine and AGENCY: Nuclear Regulatory Nuclear Regulatory Commission at 301– purchase copies of public documents at Commission. 415–1101. the NRC’s PDR, Room O1–F21, One ACTION: Proposed rule. • Mail comments to: Secretary, U.S. White Flint North, 11555 Rockville Nuclear Regulatory Commission, Pike, Rockville, Maryland 20852. SUMMARY: The U.S. Nuclear Regulatory Washington, DC 20555–0001, ATTN: Commission (NRC) is proposing to Rulemakings and Adjudications Staff. B. Submitting Comments amend its spent fuel storage regulations • Hand deliver comments to: 11555 Please include Docket ID NRC–2017– by revising the Standardized Rockville Pike, Rockville, Maryland 0138 in your comment submission. NUHOMS® Horizontal Modular Storage 20852, between 7:30 a.m. and 4:15 p.m. The NRC cautions you not to include System (NUHOMS® System) listing (Eastern Time) Federal workdays; identifying or contact information that within the ‘‘List of approved spent fuel telephone: 301–415–1677. you do not want to be publicly storage casks’’ to renew, for an For additional direction on obtaining disclosed in your comment submission. additional 40-year period, Revision 1 of information and submitting comments, The NRC will post all comment the initial certificate and Amendment see ‘‘Obtaining Information and submissions at http:// Nos. 1 through 11, and 13, and Submitting Comments’’ in the www.regulations.gov as well as enter the asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Amendment No. 14 of Certificate of SUPPLEMENTARY INFORMATION section of comment submissions into ADAMS. Compliance (CoC) No. 1004. These this document. The NRC does not routinely edit changes require, among other things, FOR FURTHER INFORMATION CONTACT: comment submissions to remove that all future amendments and Christian Jacobs, Office of Nuclear identifying or contact information. revisions to this CoC include Material Safety and Safeguards, 301– If you are requesting or aggregating evaluations of the impacts to aging 415–6825; email: Christian.Jacobs@ comments from other persons for management activities (i.e., time-limited nrc.gov, or Robert D. MacDougall, Office submission to the NRC, then you should aging analyses and aging management of Nuclear Material Safety and inform those persons not to include programs (AMPs)) to ensure that they Safeguards, 301–415–5175; email: identifying or contact information that VerDate Sep<11>2014 17:27 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\27SEP1.SGM 27SEP1

44972 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Proposed Rules they do not want to be publicly comment process. For example, a To implement this mandate, the disclosed in their comment submission. substantive response is required when: Commission approved dry storage of Your request should state that the NRC (a) The comment causes the NRC staff spent nuclear fuel in NRC-approved does not routinely edit comment to reevaluate (or reconsider) its position casks under a general license by submissions to remove such information or conduct additional analysis; publishing a final rule which added a before making the comment (b) The comment raises an issue new subpart K in part 72 of title 10 of submissions available to the public or serious enough to warrant a substantive the Code of Federal Regulations (10 entering the comment into ADAMS. response to clarify or complete the CFR) entitled, ‘‘General License for record; or Storage of Spent Fuel at Power Reactor II. Rulemaking Procedure (c) The comment raises a relevant Sites’’ (55 FR 29181; July 18, 1990). A This proposed rule is limited to the issue that was not previously addressed general license authorizes a reactor renewal of the initial certificate and or considered by the NRC staff. licensee to store spent fuel in NRC- Amendment Nos. 1 through 11, 13, (2) The comment proposes a change approved casks at a site that is licensed Revision 1, and Amendment No. 14 of or an addition to the rule, and it is to operate a power reactor under 10 CFR CoC No. 1004. Because the NRC apparent that the rule would be ineffective or unacceptable without part 50 or 52. This rule also established considers this action to be non- a new subpart L in 10 CFR part 72 controversial and routine, the NRC is incorporation of the change or addition. (3) The comment causes the NRC staff entitled, ‘‘Approval of Spent Fuel publishing this proposed rule Storage Casks,’’ which contains to make a change (other than editorial) concurrently with a direct final rule in procedures and criteria for obtaining to the rule, CoC, or technical the Rules and Regulations section of this NRC approval of spent fuel storage cask specifications. issue of the Federal Register. Adequate For additional procedural information designs. The NRC subsequently issued a protection of public health and safety and the regulatory analysis, see the final rule on December 22, 1994 (59 FR continues to be ensured. direct final rule published in the Rules 65898) that approved the NUHOMS® The direct final rule will become and Regulations section of this issue of System design and added it to the list effective on December 11, 2017. the Federal Register. of NRC-approved cask designs in 10 However, if the NRC receives significant CFR 72.214 as CoC No. 1004. adverse comments on this proposed rule III. Background by October 27, 2017, then the NRC will Section 218(a) of the Nuclear Waste IV. Plain Writing publish a document that withdraws the Policy Act (NWPA) of 1982, as direct final rule. If the direct final rule The Plain Writing Act of 2010 (Pub. amended, requires that ‘‘the Secretary is withdrawn, the NRC will address the L. 111–274) requires Federal agencies to [of the Department of Energy] shall comments received in response to these write documents in a clear, concise, establish a demonstration program, in proposed revisions in a subsequent final well-organized manner that also follows cooperation with the private sector, for rule. Absent significant modifications to other best practices appropriate to the the dry storage of spent nuclear fuel at the proposed revisions requiring subject or field and the intended civilian nuclear power reactor sites, republication, the NRC will not initiate with the objective of establishing one or audience. The NRC has written this a second comment period on this action more technologies that the [Nuclear document to be consistent with the in the event the direct final rule is Regulatory] Commission may, by rule, Plain Writing Act as well as the withdrawn. approve for use at the sites of civilian Presidential Memorandum, ‘‘Plain A significant adverse comment is a nuclear power reactors without, to the Language in Government Writing,’’ comment where the commenter maximum extent practicable, the need published June 10, 1998 (63 FR 31883). explains why the rule would be for additional site-specific approvals by The NRC requests comment on the inappropriate, including challenges to the Commission.’’ Section 133 of the proposed rule with respect to clarity the rule’s underlying premise or NWPA states, in part, that ‘‘[the and effectiveness of the language used. approach, or would be ineffective or Commission] shall, by rule, establish V. Availability of Documents unacceptable without a change. A procedures for the licensing of any comment is adverse and significant if: technology approved by the The documents identified in the (1) The comment opposes the rule and Commission under Section 219(a) [sic: following table are available to provides a reason sufficient to require a 218(a)] for use at the site of any civilian interested persons through one or more substantive response in a notice-and- nuclear power reactor.’’ of the following methods, as indicated. ADAMS Accession No./ Document Federal Register citation Final Rule: ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ ....................................................................... 55 FR 29181 Final Rule: List of Approved Spent Fuel Storage Casks: Addition ................................................................................................ 59 FR 65898 AREVA, Inc.—Renewal Application for the Standardized NUHOMS® System—CoC 1004 ......................................................... ML14309A341 AREVA, Inc.—Revision 1 to Renewal Application for the Standardized NUHOMS® System—CoC 1004, Response to First ML15295A354 asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Request for Additional Information. AREVA, Inc., Second Response to NRC RAI Re: Renewal Application for the Standardized NUHOMS® System—CoC 1004 ML16169A025 AREVA, Inc., Regarding Response to Re-Issue of Second Request for Additional Information—AREVA, Inc. Renewal Appli- ML16279A368 cation for the Standardized NUHOMS® System—CoC 1004. AREVA, Inc., AREVA Internal Reorganization—Effect on Certificate of Compliance Ownership ................................................ ML16327A011 Submittal of NUH–003, ‘‘Updated Final Safety Analysis Report (UFSAR) for the Standardized NUHOMS® Horizontal Modular ML14255A191 Storage System For Irradiated Nuclear Fuel,’’ Revision 14. Preliminary Certificate of Compliance and Preliminary Technical Specifications for CoC No. 1004, Renewed Amendment ML17131A006 Nos. 1–11, Revision 1, and Amendment Nos. 13–14, Revision 1. (package) VerDate Sep<11>2014 17:27 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\27SEP1.SGM 27SEP1

Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Proposed Rules 44973 ADAMS Accession No./ Document Federal Register citation TN Americas LLC, Standardized NUHOMS® Horizontal Modular Storage System—Draft SER [Safety Evaluation Report] for ML17131A121 Renewed CoC 1004, Amendment Nos. 1–11, 13 and 14. The NRC may post materials related ■ 2. In § 72.214, Certificate of Renewed Amendment Number 4, to this document, including public Compliance 1004 is revised to read as Revision 1, Effective Date: December 11, comments, on the Federal Rulemaking follows: 2017. Web site at http://www.regulations.gov Amendment Number 5 Effective Date: under Docket ID NRC–2017–0138. The § 72.214 List of approved spent fuel January 7, 2004, superseded by storage casks. Federal Rulemaking Web site allows Amendment Number 5, Revision 1, on you to receive alerts when changes or * * * * * April 25, 2017, superseded by Renewed additions occur in a docket folder. To Certificate Number: 1004. Amendment Number 5, Revision 1, on subscribe: (1) Navigate to the docket Initial Certificate Effective Date: December 11, 2017. folder (NRC–2017–0138); (2) click the January 23, 1995, superseded by Initial Amendment Number 5, Revision 1, ‘‘Sign up for Email Alerts’’ link; and (3) Certificate, Revision 1, on April 25, Effective Date: April 25, 2017. enter your email address and select how 2017, superseded by Renewed Initial Renewed Amendment Number 5, frequently you would like to receive Certificate, Revision 1, on December 11, Revision 1, Effective Date: December 11, emails (daily, weekly, or monthly). 2017. 2017. Initial Certificate, Revision 1, Effective Amendment Number 6 Effective Date: List of Subjects in 10 CFR Part 72 Date: April 25, 2017. December 22, 2003, superseded by Administrative practice and Renewed Initial Certificate, Revision Amendment Number 6, Revision 1, on procedure, Criminal penalties, 1, Effective Date: December 11, 2017. April 25, 2017, superseded by Renewed Hazardous waste, Indians, Amendment Number 1 Effective Date: Amendment Number 6, Revision 1, on Intergovernmental relations, Manpower April 27, 2000, superseded by December 11, 2017. training programs, Nuclear energy, Amendment Number 1, Revision 1, on Amendment Number 6, Revision 1, Nuclear materials, Occupational safety April 25, 2017, superseded by Renewed Effective Date: April 25, 2017. and health, Penalties, Radiation Amendment Number 1, Revision 1, on Renewed Amendment Number 6, protection, Reporting and recordkeeping December 11, 2017. Revision 1, Effective Date: December 11, requirements, Security measures, Spent Amendment Number 1, Revision 1, 2017. fuel, Whistleblowing. Effective Date: April 25, 2017. Amendment Number 7 Effective Date: For the reasons set out in the Renewed Amendment Number 1, March 2, 2004, superseded by preamble and under the authority of the Revision 1, Effective Date: December 11, Amendment Number 7, Revision 1, on Atomic Energy Act of 1954, as amended; 2017. April 25, 2017, superseded by Renewed the Energy Reorganization Act of 1974, Amendment Number 2 Effective Date: Amendment Number 7, Revision 1, on as amended; the Nuclear Waste Policy September 5, 2000, superseded by December 11, 2017. Act of 1982, as amended; and 5 U.S.C. Amendment Number 2, Revision 1, on Amendment Number 7, Revision 1, 552 and 553; the NRC is proposing to April 25, 2017, superseded by Renewed Effective Date: April 25, 2017. adopt the following amendments to 10 Renewed Amendment Number 7, Amendment Number 2, Revision 1, on CFR part 72: Revision 1, Effective Date: December 11, December 11, 2017. 2017. Amendment Number 2, Revision 1, PART 72—LICENSING Amendment Number 8 Effective Date: Effective Date: April 25, 2017. REQUIREMENTS FOR THE December 5, 2005, superseded by Renewed Amendment Number 2, Amendment Number 8, Revision 1 on INDEPENDENT STORAGE OF SPENT Revision 1, Effective Date: December 11, NUCLEAR FUEL, HIGH-LEVEL April 25, 2017, superseded by Renewed 2017. Amendment Number 8, Revision 1, on RADIOACTIVE WASTE, AND Amendment Number 3 Effective Date: December 11, 2017. REACTOR-RELATED GREATER THAN September 12, 2001, superseded by Amendment Number 8, Revision 1, CLASS C WASTE Amendment Number 3, Revision 1, on Effective Date: April 25, 2017. ■ 1. The authority citation for part 72 April 25, 2017, superseded by Renewed Renewed Amendment Number 8, continues to read as follows: Amendment Number 3, Revision 1, on Revision 1, Effective Date: December 11, December 11, 2017. 2017. Amendment Number 9 Effective Authority: Atomic Energy Act of 1954, Amendment Number 3, Revision 1, Date: April 17, 2007, superseded by secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 Effective Date: April 25, 2017. Amendment Number 9, Revision 1, on U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, Renewed Amendment Number 3, April 25, 2017, superseded by Renewed 2099, 2111, 2201, 2210e, 2232, 2233, 2234, Revision 1, Effective Date: December 11, Amendment Number 9, Revision 1, on asabaliauskas on DSKBBXCHB2PROD with PROPOSALS 2236, 2237, 2238, 2273, 2282, 2021); Energy 2017. December 11, 2017. Reorganization Act of 1974, secs. 201, 202, Amendment Number 4 Effective Date: Amendment Number 9, Revision 1, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); February 12, 2002, superseded by Effective Date: April 25, 2017. National Environmental Policy Act of 1969 Amendment Number 4, Revision 1, on Renewed Amendment Number 9, (42 U.S.C. 4332); Nuclear Waste Policy Act April 25, 2017, superseded by Renewed Revision 1, Effective Date: December 11, of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), Amendment Number 4, Revision 1, on 2017. 10152, 10153, 10154, 10155, 10157, 10161, December 11, 2017. Amendment Number 10 Effective 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 Amendment Number 4, Revision 1, Date: August 24, 2009, superseded by note. Effective Date: April 25, 2017. Amendment Number 10, Revision 1, on VerDate Sep<11>2014 17:27 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\27SEP1.SGM 27SEP1

44974 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Proposed Rules April 25, 2017, superseded by Renewed DEPARTMENT OF TRANSPORTATION Cedex, France; telephone +33 5 61 93 36 Amendment Number 10, Revision 1, on 96; fax +33 5 61 93 44 51; email December 11, 2017. Federal Aviation Administration account.airworth-eas@airbus.com; Amendment Number 10, Revision 1, Internet http://www.airbus.com. You Effective Date: April 25, 2017. 14 CFR Part 39 may view this referenced service [Docket No. FAA–2016–9074; Product information at the FAA, Transport Renewed Amendment Number 10, Standards Branch, 1601 Lind Avenue Identifier 2016–NM–097–AD] Revision 1, Effective Date: December 11, SW., Renton, WA. For information on 2017. RIN 2120–AA64 the availability of this material at the Amendment Number 11 Effective FAA, call 425–227–1221. Airworthiness Directives; Airbus Date: January 7, 2014, superseded by Examining the AD Docket Airplanes Amendment Number 11, Revision 1, on April 25, 2017, superseded by Renewed AGENCY: Federal Aviation You may examine the AD docket on Amendment Number 11, Revision 1, on Administration (FAA), DOT. the Internet at http:// December 11, 2017. www.regulations.gov by searching for ACTION: Supplemental notice of and locating Docket No. FAA–2016– Amendment Number 11, Revision 1, proposed rulemaking (SNPRM); 9074; or in person at the Docket Effective Date: April 25, 2017. reopening of comment period. Management Facility between 9 a.m. Renewed Amendment Number 11, SUMMARY: We are revising an earlier and 5 p.m., Monday through Friday, Revision 1, Effective Date: December 11, notice of proposed rulemaking (NPRM) except Federal holidays. The AD docket 2017. for all Airbus Model A318–111 and contains this proposed AD, the Amendment Number 12 Effective –112 airplanes; Model A319–111, –112, regulatory evaluation, any comments –113, –114, and –115 airplanes; Model received, and other information. The Date: Amendment not issued by the A320–211, –212, and –214 airplanes; street address for the Docket Office NRC. and Model A321–111, –112, –211, –212, (telephone: 800–647–5527) is in the Amendment Number 13 Effective ADDRESSES section. Comments will be Date: May 24, 2014, superseded by and –213 airplanes. This action revises the NPRM by expanding the list of available in the AD docket shortly after Amendment Number 13, Revision 1, on receipt. affected engine fan cowl door (FCD) part April 25, 2017, superseded by Renewed FOR FURTHER INFORMATION CONTACT: numbers and adding Airbus Model Amendment Number 13, Revision 1, on Sanjay Ralhan, Aerospace Engineer, A320–216 airplanes to the applicability. December 11, 2017. International Section, Transport We are proposing this Airworthiness Amendment Number 13, Revision 1, Directive (AD) to address the unsafe Standards Branch, FAA, 1601 Lind Effective Date: April 25, 2017. condition on these products. Since these Avenue SW., Renton, WA 98057–3356; actions impose an additional burden telephone 425–227–1405; fax 425–227– Renewed Amendment Number 13, over those proposed in the NPRM, we 1149. Revision 1, Effective Date: December 11, 2017. are reopening the comment period to SUPPLEMENTARY INFORMATION: allow the public the chance to comment Comments Invited Amendment Number 14 Effective on these proposed changes. Date: April 25, 2017, superseded by We invite you to send any written Renewed Amendment Number 14, on DATES: The comment period for the relevant data, views, or arguments about December 11, 2017. NPRM published in the Federal this proposed AD. Send your comments Register on September 26, 2016 (81 FR to an address listed under the Renewed Amendment Number 14 65980), is reopened. Effective Date: December 11, 2017. ADDRESSES section. Include ‘‘Docket No. We must receive comments on this FAA–2016–9074; Product Identifier SAR Submitted by: Transnuclear, Inc. SNPRM by November 13, 2017. 2016–NM–097–AD’’ at the beginning of SAR Title: Final Safety Analysis ADDRESSES: You may send comments, your comments. We specifically invite Report for the Standardized NUHOMS® using the procedures found in 14 CFR comments on the overall regulatory, Horizontal Modular Storage System for 11.43 and 11.45, by any of the following economic, environmental, and energy Irradiated Nuclear Fuel. methods: aspects of this proposed AD. We will • Federal eRulemaking Portal: Go to consider all comments received by the Docket Number: 72–1004. http://www.regulations.gov. Follow the closing date and may amend this Certificate Expiration Date: January instructions for submitting comments. proposed AD based on those comments. 23, 2015. • Fax: 202–493–2251. We will post all comments we Renewed Certificate Expiration Date: • Mail: U.S. Department of receive, without change, to http:// January 23, 2055. Transportation, Docket Operations, M– www.regulations.gov, including any 30, West Building Ground Floor, Room personal information you provide. We Model Number: NUHOMS®–24P, W12–140, 1200 New Jersey Avenue SE., will also post a report summarizing each –24PHB, –24PTH, –32PT, –32PTH1, Washington, DC 20590. substantive verbal contact we receive –37PTH, –52B, –61BT, –61BTH, and • Hand Delivery: U.S. Department of about this proposed AD. –69BTH. Transportation, Docket Operations, M– asabaliauskas on DSKBBXCHB2PROD with PROPOSALS * * * * * 30, West Building Ground Floor, Room Discussion Dated at Rockville, Maryland, this 18th day W12–140, 1200 New Jersey Avenue SE., We issued an NPRM to amend 14 CFR of September, 2017. Washington, DC, between 9 a.m. and 5 part 39 by adding an AD that would For the Nuclear Regulatory Commission. p.m., Monday through Friday, except apply to all Airbus Model A318–111 Federal holidays. and –112 airplanes, Model A319–111, Frederick D. Brown, For service information identified in –112, –113, –114, and –115 airplanes, Acting Executive Director of Operations. this proposed AD, contact Airbus, Model A320–211, –212, and –214 [FR Doc. 2017–20709 Filed 9–26–17; 8:45 am] Airworthiness Office–EIAS, 1 Rond airplanes, and Model A321–111, –112, BILLING CODE 7590–01–P Point Maurice Bellonte, 31707 Blagnac –211, –212, and –213 airplanes. The VerDate Sep<11>2014 17:27 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\27SEP1.SGM 27SEP1


Document Created: 2018-10-24 14:45:55
Document Modified: 2018-10-24 14:45:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments by October 27, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date.
ContactChristian Jacobs, Office of Nuclear Material Safety and Safeguards, 301-415-6825; email: [email protected], or Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards, 301-415-5175; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation82 FR 44971 
RIN Number3150-AK05
CFR AssociatedAdministrative Practice and Procedure; Criminal Penalties; Hazardous Waste; Indians; Intergovernmental Relations; Manpower Training Programs; Nuclear Energy; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing
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