[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Proposed Rules]
[Pages 63814-63817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26878]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 /
Proposed Rules
[[Page 63814]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0221]
RIN 3150-AK18
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Multipurpose Canister Cask System, Certificate of
Compliance No. 1014, Amendment Nos. 11 and 12
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations by revising the Holtec
International HI-STORM 100 Multipurpose Canister Cask System (HI-STORM
100 System) listing within the ``List of approved spent fuel storage
casks'' to include Amendment Nos. 11 and 12 to Certificate of
Compliance No. 1014. Amendment Nos. 11 and 12 propose to revise
multiple items in the Technical Specifications for multi-purpose
canister models listed under Certificate of Compliance No. 1014; most
of these revisions involve changes to the authorized contents. In
addition, Amendment No. 11 makes several other editorial changes.
DATES: Submit comments by January 11, 2019. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0221. 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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Vanessa Cox, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-8342; 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-2018-0221 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0221.
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 ``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-2018-0221 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 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 changes contained in Amendment
Nos. 11 and 12 to Certificate of Compliance 1014 and does not include
other aspects of the Holtec International HI-STORM 100 System design.
Because the NRC considers this action to be non-controversial, 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 (FR). The direct final rule will become effective on February
25, 2019. However, if the NRC receives significant adverse comments on
this proposed rule by January 11, 2019, then the NRC will publish a
document that withdraws the
[[Page 63815]]
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.
For procedural information and the regulatory analysis, see the
direct final rule published in the Rules and Regulations section of
this issue of the FR.
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 that added a new subpart K in part 72 of Title
10 of the Code of Federal Regulations (10 CFR) entitled, ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241) that approved the Holtec International HI-
STORM 100 System design and added it to the list of NRC-approved cask
designs in Sec. 72.214 as Certificate of Compliance No. 1014.
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.
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.
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ADAMS accession No./web
Document link/ Federal Register
citation
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Subpart K of 10 CFR part 72, ``General 55 FR 29181
License for Storage of Spent Fuel at Power
Reactor Sites''.
10 CFR part 72, ``List of Approved Spent 65 FR 25241
Fuel Storage Casks: Holtec HI-STORM 100
Addition''.
Letter from Holtec International to NRC, ML16029A528
``Holtec International HI-STORM 100
Multipurpose Canister Storage System
Amendment Request 1014-11'' dated January
29, 2016.
Letter from Holtec International to NRC, ML16069A246
``Supporting Information for License
Amendment Request 11 (1014-11) to the HI-
STORM 100 CoC'' dated February 16, 2016.
(This letter contains five enclosures, and
Enclosures 1 through 4 are proprietary
information and not publicly available.).
Letter from Holtec International to NRC, ML16159A344
``Transmittal of Requests for Supplemental
Information Responses Supporting HI-STORM
100 License Amendment Request 1014-11''
dated June 6, 2016.
Letter from Holtec International to NRC, ML17005A236
``Submittal of Responses to NRC's Requests
for Additional Information for HI-STORM
100 License Amendment Request 1014-11''
dated December 22, 2016.
Letter from Holtec International to NRC, ML16113A394
``Modification to Requested Changes on HI-
STORM 100 Amendment 11 Request'' dated
April 22, 2016.
Letter from Holtec International to NRC, ML17261A159
``Submittal of Responses to NRC's 2nd
Round Requests for Additional Information
for HI-STORM 100 License Amendment Request
1014-11'' dated September 8, 2017.
Letter from Holtec International to NRC, ML17325A555
``Submittal of Supplemental Information on
NRC's Requests for Additional Information
for HI-STORM 100 License Amendment Request
1014-11'' dated November 10, 2017. (This
package contains nine attachments, and
Attachments 1, 6, 7, and 8 are proprietary
information and not publicly available.).
Letter from Holtec International to NRC, ML17362A113
``Submittal of Revised Supplemental
Information on NRC's Requests for
Additional Information for HI-STORM 100
License Amendment Request 1014-11'' dated
December 21, 2017.
User Need Memorandum for Rulemaking for the ML18141A568
Holtec International HI-STORM 100 Cask
System, Amendment 11.
Proposed Certificate of Compliance 1014, ML18141A561
Amendment 11, Certificate of Compliance
for Spent Fuel Storage Casks.
Proposed Certificate of Compliance 1014, ML18141A562
Amendment 11, Technical Specifications,
Appendix A.
Proposed Certificate of Compliance 1014, ML18141A563
Amendment 11, Approved Contents and Design
Features, Appendix B.
Proposed Certificate of Compliance 1014, ML18141A564
Amendment 11, Technical Specifications,
Appendix A-100U.
Proposed Certificate of Compliance 1014, ML18141A565
Amendment 11, Approved Contents and Design
Features, Appendix B-100U.
Certificate of Compliance 1014, Amendment ML18141A567
11, Preliminary Safety Evaluation Report.
[[Page 63816]]
Letter from Holtec International to NRC, ML16169A363
``Holtec International HI-STORM 100
Multipurpose Canister Storage System
Amendment Request 1014-12'' dated June 14,
2016.
Letter from Holtec International to NRC, ML16210A133
``Holtec International HI-STORM 100
Multipurpose Canister Storage System
Amendment Request 1014-12 Supporting
Calculation Packages'' dated July 22,
2016. (This package contains four
attachments, and Attachments 1 through 3
are proprietary information and not
publicly available.).
Letter from Holtec International to NRC, ML16313A216
``HI-STORM 100 Amendment 12 Responses to
Requests for Supplemental Information''
dated November 4, 2016. (This package
contains five attachments, and Attachment
4 is proprietary information and not
publicly available.).
Letter from Holtec International to NRC, ML17251A739
``Submittal of Responses to NRC's Requests
Additional Information for HI-STORM 100
License Amendment Request 1014-12'' dated
August 25, 2017. (This package contains 13
attachments, and Attachments 1, 5, 7, 8,
9, 10, 11, and 12 are proprietary
information and not publicly available.).
Letter from Holtec International to NRC, ML17261A159
``Submittal of Responses to NRC's 2nd
Round Requests Additional Information for
HI-STORM 100 License Amendment Request
1014-11'' dated September 8, 2017. (This
package contains seven attachments, and
Attachments 1, 5, and 6 are proprietary
information and not publicly available.).
Letter from Holtec International to NRC, ML17326A174
``Submittal of Supplemental Information on
NRC's Requests for Additional Information
for HI-STORM 100 License Amendment Request
1014-12'' dated November 10, 2017. (This
package contains six attachments, and
Attachment 1 is proprietary information
and not publicly available.).
Letter from Holtec International to NRC, ML17362A130
``Submittal of Revised Supplemental
Information on NRC's Requests for
Additional Information for HI-STORM 100
License Amendment Request 1014-12'' dated
December 22, 2017.
User Need Memorandum for Rulemaking for the ML18087A056
Holtec International HI-STORM 100 Cask
System, Amendment 12.
Proposed Certificate of Compliance 1014, ML18087A057
Amendment 12, Certificate of Compliance
for Spent Fuel Storage Casks.
Proposed Certificate of Compliance 1014, ML18087A058
Amendment 12, Technical Specifications,
Appendix A.
Proposed Certificate of Compliance 1014, ML18087A059
Amendment 12, Approved Contents and Design
Features, Appendix B.
Proposed Certificate of Compliance 1014, ML18087A060
Amendment 12, Technical Specifications,
Appendix A-100U.
Proposed Certificate of Compliance 1014, ML18087A061
Amendment 12, Approved Contents and Design
Features, Appendix B-100U.
Certificate of Compliance 1014, Amendment ML18087A062
12, Preliminary Safety Evaluation Report.
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The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0221. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2018-0221); (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, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553, the NRC is 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 1014 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Amendment Number 8, Revision 1, Effective Date: February 16, 2016.
Amendment Number 8, Revision 1, Effective Date: February 16, 2016.
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1, on March 21, 2016.
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as
corrected (ADAMS Accession No. ML17236A451).
Amendment Number 10 Effective Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective Date: February 25, 2019.
Amendment Number 12 Effective Date: February 25, 2019.
Safety Analysis Report Submitted by: Holtec International.
Safety Analysis Report Title: Final Safety Analysis Report for the
HI-STORM 100 Cask System.
Docket Number: 72-1014.
[[Page 63817]]
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 29th day of November 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-26878 Filed 12-11-18; 8:45 am]
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