90 FR 48 pgs. 11906-11908 - List of Approved Spent Fuel Storage Casks: HI-STORM 100, Certificate of Compliance No. 1014, Renewed Amendment No. 19
Type: PRORULEVolume: 90Number: 48Pages: 11906 - 11908
Pages: 11906, 11907, 11908Docket number: [NRC-2024-0215]
FR document: [FR Doc. 2025-04010 Filed 3-12-25; 8:45 am]
Agency: Nuclear Regulatory Commission
Official PDF Version: PDF Version
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0215]
RIN 3150-AL24
List of Approved Spent Fuel Storage Casks: HI-STORM 100, Certificate of Compliance No. 1014, Renewed Amendment No. 19
AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY:
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International HI-STORM 100 Cask System listing within the "List of approved spent fuel storage casks" to include Renewed Amendment No. 19 to Certificate of Compliance No. 1014. Renewed Amendment No. 19 revises the certificate of compliance to update the acceptance criteria and method of evaluation (MOE) for the HI-STORM 100 system tipover accident for equipment combinations involving multi-purpose canisters (MPCs) with Metamic-HT baskets. This involves applying a new stress-based criteria and completing new evaluations consistent with the new tipover acceptance criteria and MOE and involves some adjustments of the existing deflection criteria.
DATES:
Submit comments by April 14, 2025. 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-2024-0215, 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.
You can read a plain language description of this direct final rule at https://www.regulations.gov/docket/NRC-2024-0215 . 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: Yen-Ju.Chen@nrc.gov or Caylee Kenny, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7150; email: Caylee.Kenny@nrc.gov . 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-2024-0215 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-2024-0215. Address questions about NRC dockets to Helen Chang, telephone: 301-415-3228, email: Helen.Chang@nrc.gov . 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 PDR.Resource@nrc.gov . 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: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the Federal rulemaking website ( https://www.regulations.gov ). Please include Docket ID NRC-2024-0215 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 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
[top] This proposed rule is limited to the changes contained in Renewed Amendment No. 19 to Certificate of Compliance No. 1014 and does not include other aspects of the HI-STORM 100 Cask 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 . The direct final rule will become effective on May 27, 2025. However, if the NRC receives any significant adverse comment by April 14, 2025, then the NRC will publish a document that withdraws the direct
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.
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 May 1, 2000 (65 FR 25241), that approved the Holtec International HI-STORM 100 Cask System design and added it to the list of NRC-approved cask designs in §?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, 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). 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./ web link/ Federal Register citation |
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Proposed Certificate of Compliance, Proposed Technical Specifications, and Preliminary Safety Evaluation Report for Certificate of Compliance No. 1014, Renewed Amendment No. 19 | |
User Need for Rulemaking for the Holtec HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 19 (December 23, 2024) | ML24312A177 (Package). |
Environmental Documents | |
Environmental Assessment for Proposed Rule Entitled, "Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites." (1989) | ML051230231. |
"Environmental Assessment and Finding of No Significant Impact for the Final Rule Amending 10 CFR part 72 License and Certificate of Compliance Terms" (2010) | ML100710441. |
Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG-2157, Volumes 1 and 2) (2014) | ML14198A440 (Package). |
"Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites" Final Rule (July 18, 1990) | 55 FR 29181. |
Holtec International HI-STORM 100 Cask Design System Amendment No. 19 Request Documents | |
Holtec International-HI-STORM 100 Multipurpose Canister Storage System Amendment 19 Request (August 9, 2024) | ML24222A858 (Package). |
Holtec International-HI-STORM 100 Amendment 19 Responses to Requests for Additional Information (November 4, 2024) | ML24309A286 (Package). |
Holtec International-HI-STORM 100 Amendment 19 Additional Responses to Requests for Additional Information (November 13, 2024) | ML24318C533 (Package). |
Other Documents | |
Holtec International-HI-STORM Flood/Wind Amendment 7 Final Safety Evaluation Report, Enclosure 4 (August 13, 2024) | ML24199A241. |
"Agreement State Program Policy Statement; Correction" (October 18, 2017) | 82 FR 48535. |
Plain Language in Government Writing (June 10, 1998) | 63 FR 31885. |
Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites: Final Rule (July 18, 1990) | 55 FR 29181. |
List of Approved Spent Fuel Storage Casks: Holtec HI-STORM 100 Addition (May 1, 2000) | 65 FR 25241. |
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-2024-0215. 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-2024-0215); (2) click the "Subscribe" link; and (3) enter an email address and click on the "Subscribe" link.
Dated: February 28, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-04010 Filed 3-12-25; 8:45 am]
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