2016-31987. List of Approved Spent Fuel Storage Casks: AREVA Inc., Standardized NUHOMS® Cask System, Certificate of Compliance No. 1004, Amendment No. 14, and Revision 1 of the Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13

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 AREVA Inc. (AREVA), Standardized NUHOMS® Cask System listing within the “List of approved spent fuel storage casks” to add Amendment No. 14, and Revision 1 to the Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 to Certificate of Compliance (CoC) No. 1004. Amendment No. 14 proposes to revise multiple items in the technical specifications (TSs) for dry shielded canister (DSC) models listed under CoC No. 1004; most of these revisions involve changes to the authorized contents. The revisions to the Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 will remove language in the TSs that requires a transfer cask containing a DSC to be returned to the spent fuel pool following a drop of over 15 inches.

DATES:

Submit comments by February 24, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission 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-2016-0200. Address questions about NRC dockets to Carol Gallagher; telephone: [phone]; email: [e-mail]. For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
• Email comments to: [e-mail]. 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: [phone].

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:

Edward Lohr, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: [phone]; email: [e-mail].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2016-0200 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-2016-0200.
• 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 [e-mail]. 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-2016-0200 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 No. 14 and the revisions to the Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 to CoC No. 1004 and does not include other aspects of the AREVA Standardized NUHOMS® Cask System design. Because the NRC considers this action noncontroversial 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 April 25, 2017. The direct final rule has an effective date of 90 days from publication in lieu of the historical 75 days because it has two rulemaking actions that have to be coordinated after the public comment period is closed and before the final rule takes effect. However, if the NRC receives significant adverse comments on this proposed rule by February 24, 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 TSs.

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). 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 AREVA Standardized NUHOMS® Cask 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 as indicated.

Document	ADAMS accession number
AREVA Application for Renewal of Standardized NUHOMS® Storage System, letter dated November 4, 2014	ML14309A341 (Package).
AREVA Request to Add Amendment No. 14 to CoC No. 1004, letter dated April 16, 2015	ML15114A056.
Summary of June 10, 2015, Public Meeting with AREVA to Discuss Amendment No. 14 to CoC No. 1004	ML15176A344 (Package).
NRC Request for Additional Information Related to AREVA Amendment No. 14 to CoC No. 1004, letter dated August 31, 2015	ML15245A064.
AREVA Response to NRC Request for Additional Information Related to Amendment No. 14 to CoC No. 1004, letter dated November 11, 2015	ML15331A355 (Package).
NRC Request for Additional Information Related to AREVA Amendment No. 14 to CoC No. 1004, letter dated February 17, 2016	ML16049A559.
AREVA Response to NRC Request for Additional Information Related to Amendment No. 14 to CoC No. 1004, letter dated March 14, 2016	ML16076A231.
AREVA Amendment No. 14 to CoC No. 1004	ML16246A173.
Technical Specifications for AREVA Amendment No. 14 to CoC No. 1004	ML16246A170.
Final Safety Evaluation Report for CoC No. 1030	ML14288A485.
Preliminary Safety Evaluation Report for AREVA Amendment No. 14 to CoC No. 1004	ML16246A169.
AREVA Requested Revisions of Amendment Nos. 0-11, and Amendment No. 13 to CoC No. 1004, letter dated August 24, 2015*	ML15239A718 (Package).
NRC Request for Additional Information Related to AREVA Revisions of Amendment Nos. 0-11, and Amendment No. 13 to CoC No. 1004, letter dated January 19, 2016*	ML16019A301 (Package).
AREVA Response to NRC Request for Additional Information Related to Revisions of Amendment Nos. 0-11, and Amendment No. 13 to CoC No. 1004, letter dated February 9, 2016*	ML16054A214 (Package).
AREVA Revisions of Amendment Nos. 0-11, and Amendment No. 13 to CoC No. 1004 (including technical specifications)*	ML16183A005 (Package).
Supporting Documentation Related to Backfit from General Licensees Associated with AREVA Request to Revise Amendment Nos. 0-11, and Amendment No. 13 to CoC No. 1004*	ML16054A226 (Package).
Preliminary Safety Evaluation Report for AREVA Revisions of Amendment Nos. 0-11, and Amendment No. 13 to CoC No. 1004*	ML16183A022.
* The term “Amendment 0” used in the supporting documents for this proposed rule and the term “Initial Certificate” used in 10 CFR 72.214 describes the same document. Initial Certificate is the correct term and will be used henceforth when discussion involves this document.

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-2016-0200. 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-2016-0200); (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 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

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.

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

§ 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 [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Initial Certificate, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 1 Effective Date: April 27, 2000, superseded by Amendment Number 1, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 1, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 2 Effective Date: September 5, 2000, superseded by Amendment Number 2, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 2, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 3 Effective Date: September 12, 2001, superseded by Amendment Number 3, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 3, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 4 Effective Date: February 12, 2002, superseded by Amendment Number 4, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 4, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 5 Effective Date: January 7, 2004, superseded by Amendment Number 5, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 5, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 6 Effective Date: December 22, 2003, superseded by Amendment Number 6, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 6, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 7 Effective Date: March 2, 2004, superseded by Amendment Number 7, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 7, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 8 Effective Date: December 5, 2005, superseded by Amendment Number 8, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 8, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 9 Effective Date: April 17, 2007, superseded by Amendment Number 9, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 9, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 10 Effective Date: August 24, 2009, superseded by Amendment Number 10, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 10, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 11 Effective Date: January 7, 2014, superseded by Amendment Number 11, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 11, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

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 [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 13, Revision 1, Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

Amendment Number 14 Effective Date: [DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

SAR Submitted by: Transnuclear, Inc.

SAR Title: Final Safety Analysis Report for the Standardized NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel.

Docket Number: 72-1004.

Certificate Expiration Date: January 23, 2015 (under timely renewal pursuant to 10 CFR 72.240(b)).

Model Number: NUHOMS®-24P, -24PHB, -24PTH, -32PT, -32PTH1, -37PTH, -52B, -61BT, -61BTH, and -69BTH.

* * * * *

Dated at Rockville, Maryland, this 19th day of December, 2016.

For the Nuclear Regulatory Commission.

Victor M. McCree,

Executive Director for Operations.