[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Rules and Regulations]
[Pages 27397-27402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09358]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88 , No. 84 / Tuesday, May 2, 2023 / Rules
and Regulations
[[Page 27397]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0050]
RIN 3150-AK93
List of Approved Spent Fuel Storage Casks: TN Americas LLC;
NUHOMS[supreg] EOS Dry Spent Fuel Storage System; Certificate of
Compliance No. 1042, Amendment No. 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
3 to Certificate of Compliance No. 1042. Amendment No. 3 revises the
certificate of compliance to add three new heat load zone
configurations, add a variable-lead thickness transfer cask, add ATRIUM
11 fuel as an allowable content, update the criticality evaluation,
allow ultrasonic testing of the outer top cover plate weld, reduce the
time limit for transfer of two heat load zone configurations,
incorporate a method to determine new loading patterns, waive a
fabrication pressure test requirement, and make conforming changes for
consistency and terminology clarification. Amendment No. 3 also
includes additional changes associated with consideration of severe
weather, maintaining water in the annulus, and design changes to the
Matrix Loading Crane.
DATES: This direct final rule is effective July 17, 2023, unless
significant adverse comments are received by June 1, 2023. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2023-0050,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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, telephone: 301-415-
6825, email: [email protected] or Caylee Kenny, telephone: 301-
415-7150, 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. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0050 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 https://www.regulations.gov and search for Docket ID NRC-2023-0050. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://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, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2023-0050 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
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
https://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
[[Page 27398]]
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 rule is limited to the changes contained in Amendment No. 3 to
Certificate of Compliance No. 1042 and does not include other aspects
of the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage
System design. The NRC is using the ``direct final rule procedure'' to
issue this amendment because it represents a limited and routine change
to an existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety
continues to be reasonably assured. The amendment to the rule will
become effective on July 17, 2023. However, if the NRC receives any
significant adverse comment on this direct final rule by June 1, 2023,
then the NRC will publish a document that withdraws this action and
will subsequently address the comments received in a final rule as a
response to the companion proposed rule published in the Proposed Rules
section of this issue of the Federal Register or as otherwise
appropriate. In general, absent significant modifications to the
proposed revisions requiring republication, the NRC will not initiate a
second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC 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.
(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 to make a change (other than
editorial) to the rule, certificate of compliance, or technical
specifications (TS).
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
states that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
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
March 24, 2017 (82 FR 14987), that approved the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System design and added it to
the list of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance No. 1042.
IV. Discussion of Changes
On March 31, 2021, TN Americas LLC submitted a request to the NRC
to amend Certificate of Compliance No. 1042. TN Americas LLC
supplemented its request on the following dates: June 23, 2021, August
4, 2021, September 3, 2021, October 22, 2021, November 30, 2021,
February 25, 2022, June 7, 2022, June 29, 2022, September 30, 2022,
October 31, 2022, November 14, 2022, and December 21, 2022. The
applicant requested nine changes to the CoC in its initial submittal,
and then requested three additional changes in later submittals.
Amendment No. 3 revises the certificate and compliance and
technical specifications (TS) to make the following nine changes that
were requested in the March 31, 2021, submittal:
Add three new heat load zone configurations (HLZCs) No. 4,
5, and 6 for the EOS-89BTH Dry Shielded Canister (DSC). This change
includes a revision to the maximum heat load of the of the EOS-89BTH
DSC to 48.2 kW per DSC, and the maximum heat load for any single
assembly to 1.7 kW. This revision reduces the minimum cooling time from
two years to one year.
Add a variable-lead thickness EOS-TC125 transfer cask with
minimum and maximum values for thickness for use with the EOS-89BTH DSC
to decrease the lead thickness from the previously analyzed design.
Add ATRIUM 11 fuel as an allowable content in the EOS-
89BTH DSC to allow offloading of pools with this fuel type. This change
also reran the limiting GNF2 and ABB-10-C fuel type cases to reduce the
statistical uncertainties and increase the enrichment limits.
Update the criticality evaluation to allow ``short-
loading'' configurations of Boiling Water Reactor fuel in the EOS-89BTH
DSC with less than 89 fuel assemblies to increase the enrichment
limits.
Revise the TS to allow for phased array automated
ultrasonic testing and utilize a single pass high amperage gas tungsten
arc weld or multipass gas tungsten arc weld on the outer top cover
plate. This change allows for the use of a single high amperage gas
tungsten arc weld for a faster weld, resulting in less occupational
exposure. This change also allows for the use of ultrasonic testing to
verify the weld, which allows for more stringent weld examination.
Revise the TS to reduce EOS-37PTH HLZCs 1 and 2 time limit
for transfer to eight hours to make the time limit for transfer
consistent among EOS-37PTH DSC's with transfer time limits.
Incorporate a method to determine new loading patterns
based on the maximum allowable heat load per DSC and per location
specified in the TS. All HLZCs and time limits for transfer for the
EOS-89BTH DSC transferred in the EOS-TC125 are moved from the TS to the
Updated Final Safety Analysis Report (UFSAR) Chapter 2. This introduces
the ability to allow flexibility in developing heat loading plans, in
particular when performing full-core offload of shutdown cores.
[[Page 27399]]
Waive the fabrication pressure test required in American
Society of Mechanical Engineers Boiler and Pressure Vessel Code,
Section III, NB-6000 for the EOS-37PTH and the EOS-89BTH DSCs with a
single piece bottom forging.
Make conforming changes to TS and USFAR for consistency
among DSC types and terminology clarification.
In addition to the nine changes requested by applicant in their
letter dated March 31, 2021, the applicant requested three additional
scope changes in letters dated October 22, 2021, June 29, 2022, and
September 30, 2022. The three additional scope changes include:
UFSAR revisions associated with transfer cask lifting
heights and consideration of severe weather. The revisions include a
revised definition of ``Safe Condition and Forecast'' within the UFSAR
to incorporate other forecasted weather conditions where the wind gust
is expected to exceed the off-normal design condition operating wind
limit of 44mph as defined in ASME NOG-1 with respect to the independent
spent fuel storage installation (ISFSI) equipment Matrix Loading Crane
(MX-LC).
UFSAR revisions associated with maintaining water in the
annulus by preventing and mitigating boiling occurring in the water in
the TC/DSC annulus through demineralized water replenishment
operations.
Design changes to the MX-LC, including use of wheel
chocks, to allow the MX-LC to be used as a single-failure-proof handing
device to load DSCs into the HSM-MX above the maximum lifting height.
This revision does not apply to the transfer and retrieval of the
NUHOMS[supreg] 61BTH Type 2 DSC to and from the HSM-MX using the MX-LC,
which has not been analyzed or approved for use under Amendment No. 3.
The changes to the aforementioned documents are identified with
revisions bars in the margin of each document.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the cask would
continue to maintain confinement, shielding, and criticality control in
the event of each evaluated accident condition. In addition, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 3 would remain well within the limits
specified by 10 CFR part 20, ``Standards for Protection Against
Radiation.'' Therefore, the NRC found there will be no significant
change in the types or amounts of any effluent released, no significant
increase in the individual or cumulative radiation exposure, and no
significant increase in the potential for or consequences from
radiological accidents.
The NRC determined that the amended NUHOMS[supreg] EOS Dry Spent
Fuel Storage System cask design, when used under the conditions
specified in the certificate of compliance, the TS, and the NRC's
regulations, will meet the requirements of 10 CFR part 72; therefore,
adequate protection of public health and safety will continue to be
reasonably assured. When this direct final rule becomes effective,
persons who hold a general license under Sec. 72.210 may, consistent
with the license conditions under Sec. 72.212, load spent nuclear fuel
into TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System
casks that meet the criteria of Amendment No. 3 to Certificate of
Compliance No. 1042.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC revises the
NUHOMS[supreg] EOS Dry Spent Fuel Storage System design listed in Sec.
72.214, ``List of approved spent fuel storage casks.'' This action does
not constitute the establishment of a standard that contains generally
applicable requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR
chapter I. Therefore, compatibility is not required for program
elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
3 to Certificate of Compliance No. 1042.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System design
within the list of approved spent fuel storage casks to allow power
reactor licensees to store spent fuel at reactor sites in casks with
the approved modifications under a general license. Specifically,
Amendment No. 3 revises the certificate of compliance to: add three new
HLZCs for the EOS-89BTH DSC, with increased heat load up to 1.7 kW per
fuel assembly, which reduces the minimum cooling time to one year; add
a variable-lead thickness EOS-TC125 for transfer with the EOS-89BTH
DSC; add ATRIUM 11 fuel as an allowable content in the EOS-89BTH DSC
and rerun the limiting GNF2 and ABB-10-C cases to reduce the
statistical uncertainties and increase the enrichment limits; update
the criticality evaluation to allow short-loading the EOS-89BTH DSC
with less than 89 fuel assemblies to increase the enrichment limits;
revise the TS to allow for phased array automated ultrasonic testing
and utilize a single pass high amperage gas tungsten arc weld or
multipass gas tungsten arc weld on the outer top cover plate; revise
the TS to reduce EOS-37PTH HLZC 1 and 2 time limit for
[[Page 27400]]
transfer to eight hours; incorporate a method to determine new loading
patterns based on the maximum allowable heat load per DSC and per
location specified in the TS and move all HLZCs and time limits for
transfer for the EOS-89BTH DSC transferred in the EOS-TC125 from the TS
to UFSAR Chapter 2; waive the fabrication pressure test requirement or
the single bottom forging EOS-DSCs; and make minor changes to TS and
USFAR for consistency among DSC types and terminology clarification.
Additionally, Amendment No. 3 includes changes associated with
consideration of severe weather; changes associated with maintaining
water in the annulus; and design changes to the Matrix Loading Crane.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 3 tiers off the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act of 1969, as amended.
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System is
designed to mitigate the effects of design basis accidents that could
occur during storage. Design basis accidents account for human-induced
events and the most severe natural phenomena reported for the site and
surrounding area. Postulated accidents analyzed for an ISFSI, the type
of facility at which a holder of a power reactor operating license
would store spent fuel in casks in accordance with 10 CFR part 72, can
include tornado winds and tornado-generated missiles, a design basis
earthquake, a design basis flood, an accidental cask drop, lightning
effects, fire, explosions, and other incidents.
This amendment does not reflect a significant change in design or
fabrication of the cask. Because there are no significant design or
process changes, any resulting occupational exposure or offsite dose
rates from the implementation of Amendment No. 3 would remain well
within the 10 CFR part 20 limits. The NRC has also determined that the
design of the cask as modified by this rule will maintain confinement,
shielding, and criticality control in the event of an accident.
Therefore, the proposed changes will not result in any radiological or
non-radiological environmental impacts that significantly differ from
the environmental impacts evaluated in the environmental assessment
supporting the July 18, 1990, final rule. There will be no significant
change in the types or significant revisions in the amounts of any
effluent released, no significant increase in the individual or
cumulative radiation exposures, and no significant increase in the
potential for, or consequences from, radiological accidents. The NRC
documented its safety findings in the preliminary safety evaluation
report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
3 and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System in
accordance with the changes described in proposed Amendment No. 3 would
have to request an exemption from the requirements of Sec. Sec. 72.212
and 72.214. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee. The environmental impacts would be the same
as the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 3 to Certificate of Compliance No. 1042
would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule, ``List of
Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS[supreg] EOS
Dry Spent Fuel Storage System, Certificate of Compliance No. 1042,
Amendment No. 3,'' will not have a significant effect on the human
environment. Therefore, the NRC has determined that an environmental
impact statement is not necessary for this direct final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
TN Americas LLC. These entities do not fall within the scope of the
definition of small entities set forth in the Regulatory Flexibility
Act or the size standards established by the NRC (Sec. 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if: (1) it notifies the NRC in advance; (2) the spent fuel
is stored under the conditions specified in the cask's certificate of
compliance; and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On
March 24, 2017 (82 FR 14987), the NRC issued an amendment to 10 CFR
part 72 that approved the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent
Fuel Storage System by adding it to the list of NRC-approved cask
designs in Sec. 72.214.
On March 31, 2021, and as supplemented on June 23, 2021, August 4,
2021, September 3, 2021, October 22, 2021, November 30, 2021, February
25,
[[Page 27401]]
2022, June 7, 2022, June 29, 2022, September 30, 2022, October 31,
2022, November 14, 2022, and December 21, 2022, TN Americas LLC
submitted a request to amend the NUHOMS[supreg] EOS Dry Spent Fuel
Storage System as described in Section IV, ``Discussion of Changes,''
of this document.
The alternative to this action is to withhold approval of Amendment
No. 3 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into TN Americas LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System casks under the changes described in
Amendment No. 3 to request an exemption from the requirements of
Sec. Sec. 72.212 and 72.214. Under this alternative, each interested
10 CFR part 72 licensee would have to prepare, and the NRC would have
to review, a separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, this direct final rule will have
no adverse effect on public health and safety or the environment. This
direct final rule has no significant identifiable impact or benefit on
other government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (Sec. 72.62) does not
apply to this direct final rule. Therefore, a backfit analysis is not
required. This direct final rule revises Certificate of Compliance No.
1042 for the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage
System, as currently listed in Sec. 72.214. The revision consists of
the changes in Amendment No. 3 previously described, as set forth in
the revised certificate of compliance and TS.
Amendment No. 3 to Certificate of Compliance No. 1042 for the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System was
initiated by TN Americas LLC and was not submitted in response to new
NRC requirements, or an NRC request for amendment. Amendment No. 3
applies only to new casks fabricated and used under Amendment No. 3.
These changes do not affect existing users of the TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and current Amendment
Nos. 0-2 continue to be effective for existing users. While current
users of this storage system may comply with the new requirements in
Amendment No. 3, this would be a voluntary decision on the part of
current users.
For these reasons, Amendment No. 3 to Certificate of Compliance No.
1042 does not constitute backfitting under Sec. 72.62 or Sec.
50.109(a)(1), or otherwise represent an inconsistency with the issue
finality provisions applicable to combined licenses in 10 CFR part 52.
Accordingly, the NRC has not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
----------------------------------------------------------------------------------------------------------------
ADAMS Accession No./ web link/Federal Register
Document citation
----------------------------------------------------------------------------------------------------------------
Proposed certificate of compliance and proposed technical specifications
----------------------------------------------------------------------------------------------------------------
Proposed certificate of compliance No. 1042 (Amendment No. ML23027A214.
3).
Proposed Certificate of Compliance No. 1042 Appendix A: ML23027A216.
NUHOMS[supreg] EOS System Generic Technical Specifications
Amendment 3.
Preliminary Safety Evaluation Report for the NUHOMS[supreg] ML23027A217.
EOS System: Certificate of Compliance No. 1042 Amendment
No. 3.
----------------------------------------------------------------------------------------------------------------
Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled, ML051230231.
``Storage of Spent Nuclear Fuel in NRC-Approved Storage
Casks at Nuclear Power Reactor Sites.'' (1989).
``Environmental Assessment and Finding of No Significant ML100710441.
Impact for the Final Rule Amending 10 CFR Part 72 License
and Certificate of Compliance Terms'' (2010).
Generic Environmental Impact Statement for Continued ML14198A440 (package).
Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
Volumes 1 and 2) (2014).
``Storage of Spent Fuel In NRC-Approved Storage Casks at 55 FR 29181.
Power Reactor Sites'' Final Rule (July 18, 1990).
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TN Americas, LLC, NUHOMS EOS Amendment 3 Application Documents
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TN Americas LLC Application for Amendment 3 to NUHOMS EOS ML21102A281 (package).
Certificate of Compliance No. 1042, Revision 0 (March 31,
2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML21174A231.
Certificate of Compliance No. 1042, Revision 1--Response
to Request for Supplemental Information (June 23, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML21209A098.
Certificate of Compliance No. 1042, Revision 2--Revised
Response to OBS 4-6 (August 4, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML21246A136.
Certificate of Compliance No. 1042, Revision 3--Revised
Response to OBS 4-5 and Revised UFSAR Pages (September 3,
2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML21295A260.
Certificate of Compliance No. 1042, Revision 3a--Amendment
Scope Change (October 22, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML21334A206.
Certificate of Compliance No. 1042, Revision 4--Response
to Request for Additional Information (November 30, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22056A458.
Certificate of Compliance No. 1042, Revision 5--Response
to Request for Additional Information (New Scope) and
Revised Responses to Request for Additional Information
(February 25, 2022).
[[Page 27402]]
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22158A293.
Certificate of Compliance No. 1042, Revision 6--Revised
Responses to Request for Additional Information (June 7,
2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22180A266.
Certificate of Compliance No. 1042, Revision 7--
Clarification Regarding Annulus Temperatures During Vacuum
Drying Operations (June 29, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22273A031.
Certificate of Compliance No. 1042, Revision 8--ASME NOG-1
Compliance and the Matrix Loading Crane (September 30,
2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22304A217.
Certificate of Compliance No. 1042, Revision 9--
Clarifications Regarding Annulus Water, MX-LC Alignment,
and Seismic Damping Values (October 31, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22318A205.
Certificate of Compliance No. 1042, Revision 10--
Additional Information regarding ASME NOG-1 Compliance and
the Matrix Loading Crane (November 14, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS ML22355A219.
Certificate of Compliance No. 1042, Revision 11--Response
to Request for Additional Information (New Scope Addition
#3--ASME NOG-1 Exceptions) and Clarifications Regarding
Annulus Water (December 21, 2022).
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Other Documents
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Storage of Spent Fuel In NRC-Approved Storage Casks at 55 FR 29181.
Power Reactor Sites: Final Rule, dated July 18, 1990.
List of Approved Spent Fuel Storage Casks: TN Americas LLC, 82 FR 14987.
NUHOMS[supreg] EOS Dry Spent Fuel Storage System,
Certificate of Compliance No. 1042: Direct Final Rule,
dated March 24, 2017.
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The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2023-0050. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2023-0050); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
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 adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act 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, revise Certificate of Compliance No. 1042 to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1042.
Initial Certificate Effective Date: June 7, 2017.
Amendment Number 1 Effective Date: June 17, 2020.
Amendment Number 2 Effective Date: October 26, 2021.
Amendment Number 3 Effective Date: July 17, 2023.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS
Dry Spent Fuel Storage System.
Docket Number: 72-1042.
Certificate Expiration Date: June 7, 2037.
Model Number: EOS-37PTH, EOS-89BTH, 61BTH Type 2.
* * * * *
Dated: April 25, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-09358 Filed 5-1-23; 8:45 am]
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