[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Proposed Rules]
[Pages 51253-51255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16161]
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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. 88 , No. 148 / Thursday, August 3, 2023 /
Proposed Rules
[[Page 51253]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0080]
RIN 3150-AK98
List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose
Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal
of Initial Certificate and Amendment Numbers 1 Through 8
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 NAC Multi-
Purpose Canister (NAC-MPC) System listing within the ``List of approved
spent fuel storage casks'' to renew, for 40 years, the initial
certificate and Amendment Nos. 1 through 8 of Certificate of Compliance
No. 1025. The renewal of the initial certificate and Amendment Nos. 1
through 8 would revise the certificate of compliance's conditions and
technical specifications to address aging management activities related
to the structures, systems, and components important to safety of the
dry storage system to ensure that these will maintain their intended
functions during the period of extended storage operations.
DATES: Submit comments by September 5, 2023. 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: Submit your comments, identified by Docket ID NRC-2023-0080,
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: Chris Markley, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6293, email:
[email protected] and Andrew Carrera, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1078, 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-2023-0080 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-2023-0080. 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 (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2023-0080 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 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
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. The direct final rule will become effective on October 17,
2023. However, if the NRC receives any significant adverse comment by
September 5, 2023, then the NRC will publish a document that
[[Page 51254]]
withdraws the direct final rule. If the direct final rule is withdrawn,
the NRC will address the comments 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 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.
For a more detailed discussion of the proposed rule changes and
associated analyses, 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 of 1982, as amended,
requires 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
April 10, 2000 (64 FR 12444), that approved the NAC Multi-Purpose
Canister (NAC-MPC) System design and added it to the list of NRC-
approved cask designs in Sec. 72.214 as Certificate of Compliance No.
1025. On August 28, 2007 (72 FR 49561), the NRC amended the scope of
the general licenses issued under Sec. 72.210 to include the storage
of spent fuel in an independent spent fuel storage installation at
power reactor sites to persons authorized to possess or operate nuclear
power reactors under 10 CFR part 52, ``Licenses, Certifications, and
Approvals for Nuclear Power Plants.'' On February 16, 2011 (76 FR
8872), the NRC amended subparts K and L in 10 CFR part 72, to extend
and clarify the term limits for certificates of compliance and revised
the conditions for spent fuel storage casks renewals, including adding
requirements for the safety analysis report to include time-limited
aging analyses and a description of aging management programs. The NRC
also clarified the terminology used in the regulations to use
``renewal'' rather than ``reapproval'' to better reflect that extending
the term of a currently approved cask design is based on the cask
design standards in effect at the time the certificate of compliance
was approved rather than current standards.
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 31885). 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 as indicated.
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Document ADAMS Accession No./ Federal Register citation
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Preliminary Certificates of Compliance and Preliminary Conditions for Cask Use and Technical Specifications
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Preliminary Renewed Initial Certificate of Compliance No. ML22297A272.
1025.
Preliminary Conditions for Cask Use and Technical ML22297A281.
Specifications, Renewed Initial Certificate.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A273.
Renewed Amendment No. 1.
Preliminary Conditions for Cask Use and Technical ML22297A282.
Specifications, Renewed Amendment No. 1.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A274.
Renewed Amendment No. 2.
Preliminary Conditions for Cask Use and Technical ML22297A283.
Specifications, Renewed Amendment No. 2.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A275.
Renewed Amendment No. 3.
Preliminary Conditions for Cask Use and Technical ML22297A284.
Specifications, Renewed Amendment No. 3.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A276.
Renewed Amendment No. 4.
Preliminary Conditions for Cask Use and Technical ML22297A285.
Specifications, Renewed Amendment No. 4.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A277.
Renewed Amendment No. 5.
Preliminary Conditions for Cask Use and Technical ML22297A286.
Specifications, Renewed Amendment No. 5.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A278.
Renewed Amendment No. 6.
Preliminary Conditions for Cask Use and Technical ML22297A287.
Specifications, Renewed Amendment No. 6.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A279.
Renewed Amendment No. 7.
Preliminary Conditions for Cask Use and Technical ML22297A288.
Specifications, Renewed Amendment No. 7.
Preliminary Renewed Certificate of Compliance No. 1025, ML22297A280.
Renewed Amendment No. 8.
[[Page 51255]]
Preliminary Conditions for Cask Use and Technical ML22297A289.
Specifications, Renewed Amendment No. 8.
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Preliminary Safety Evaluation Report
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Preliminary Final Safety Evaluation Report for Renewal of ML22297A270.
Initial Certificate and Amendments Nos. 1 through 8, of
CoC No. 1025 for the NAC Multi-Purpose Canister.
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Environmental Documents
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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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NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal Application Documents
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Preliminary Renewal Package for the NAC-MPC System, CoC ML22297A269 (Package).
1025.
NAC International--Submission of a Request to Renew the ML19357A178 (package).
U.S. Nuclear Regulatory Commission Certificate of
Compliance No. 1025 for the NAC-MPC Cask System.
NAC International, Inc.--Responses to the Nuclear ML21231A154 (package).
Regulatory Commission's (NRC) Request for Additional
Information for the Request to Renew the NRC Certificate
of Compliance No. 1025 for the NAC-MPC Cask System.
NAC, Submittal of Responses to the Nuclear Regulatory ML22077A831 (package).
Commission's (NRC) Request for Additional Information for
the Request to Renew the NRC Certificate of Compliance No.
1025 for the NAC-MPC Cask System.
Supplement to the Submission of Responses to the Nuclear ML22203A127.
Regulatory Commission's (NRC) Request for Additional
Information for the Request to Renew the NRC Certificate
of Compliance No. 1025 for the NAC-MPC Cask System.
User Need For Rulemaking For Certificate Of Compliance ML22297A271.
Renewal, Initial Issue (Amendment Number 0), Amendment
Numbers 1 Through 8 To The NAC Multipurpose Canister
System.
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Other Documents
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``Standard Review Plan for Renewal of Specific Licenses and ML16179A148.
Certificates of Compliance for Dry Storage of Spent
Nuclear Fuel.'' NUREG-1927, Revision 1. Washington, DC.
June 2016.
``Managing Aging Processes in Storage (MAPS) Report.'' ML19214A111.
Final Report. NUREG-2214. Washington, DC. July 2019..
``Agreement State Program Policy Statement; Correction'' 82 FR 48535.
(October 18, 2017).
Regulatory Guide 3.76, Revision 0, ``Implementation of ML21098A022.
Aging Management Requirements for Spent Fuel Storage
Renewals.'' July 2021.
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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-2023-0080.
Dated: July 18, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-16161 Filed 8-2-23; 8:45 am]
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