[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 8872-8892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3493]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI09
[NRC-2008-0361]


License and Certificate of Compliance Terms

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is amending its regulations that govern licensing requirements for the 
independent storage of spent nuclear fuel. These amendments include 
changes that enhance the effectiveness and efficiency of the licensing 
process for spent nuclear fuel storage. Specifically, they extend and 
clarify the term limits for storage cask Certificates of Compliance 
(CoCs) and independent spent fuel storage installation (ISFSI) specific 
licenses. The amendments also provide consistency between the general 
and specific ISFSI license requirements, and allow general licensees 
subject to these regulations to implement changes authorized by an 
amended CoC to a cask loaded under the initial CoC or an earlier 
amended CoC (a ``previously loaded cask'').

DATES: Effective Date: This final rule is effective on May 17, 2011.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    Federal rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2008-0361. Address 
questions about NRC dockets to Carol Gallagher at 301-492-3668; e-mail: 
<a href="/cdn-cgi/l/email-protection#cd8eacbfa2a1e38aaca1a1acaaa5a8bf8da3bfaee3aaa2bb"><span class="__cf_email__" data-cfemail="93d0f2e1fcffbdd4f2fffff2f4fbf6e1d3fde1f0bdf4fce5">[email protected]</span></a>.
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room 
O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#532337217d2136203c26213036133d21307d343c25"><span class="__cf_email__" data-cfemail="d7a7b3a5f9a5b2a4b8a2a5b4b297b9a5b4f9b0b8a1">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Keith McDaniel, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
5252, e-mail: <a href="/cdn-cgi/l/email-protection#a5eec0ccd1cd8be8c6e1c4cbccc0c9e5cbd7c68bc2cad3"><span class="__cf_email__" data-cfemail="753e101c011d5b381631141b1c1019351b07165b121a03">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion
    A. What action is the NRC taking, and why?
    B. Whom does this action affect?

[[Page 8873]]

    C. Why is the NRC increasing initial terms and renewal terms for 
specific ISFSI licenses from not to exceed 20 years to not to exceed 
40 years?
    D. Can applicants apply for an initial term or renewal term 
greater than 40 years?
    E. Why is the NRC changing the word ``reapproval'' to 
``renewal''?
    F. Why is the NRC adding a definition for the term ``time-
limited aging analyses'' (TLAAs)?
    G. What is an ``aging management program'' (AMP)?
    H. Why is the NRC requiring an AMP?
    I. Why is the NRC changing the 20-year general license term for 
cask designs approved for use under the general license provisions? 
When would a general license term begin and end?
    J. Are there possible conflicts that could arise for storage 
cask designs that are granted a term extension that are also 
approved for a different term limit as a transportation package?
    K. How does the NRC track cask expiration dates?
    L. Who is responsible for applying for CoC renewals?
    M. Does the NRC have a definition for ``terms, conditions, and 
specifications'' as they relate to the CoC?
    N. Can a licensee apply CoC amendments to previously loaded 
casks?
    O. May a general licensee implement only some of the authorized 
changes in a CoC amendment without prior NRC approval?
    P. Do later CoC amendments encompass earlier CoC amendments?
    Q. Why can't general licensees use the Sec.  72.48 process to 
apply CoC amendment changes to previously loaded casks?
    R. If a general licensee selects and purchases a cask fabricated 
under an earlier CoC amendment, but does not load the cask, can the 
general licensee adopt the most recent CoC amendment for the empty 
cask before loading it?
    S. What are the NRC's plans for providing guidance and examples 
of aging analyses and AMPs to licensees?
    T. Could the NRC maintain the current paragraph designations of 
Sec.  72.212(b)?
    U. When are licensees required to submit cask registration 
letters?
    V. If a CoC is not renewed, how long would general licensees 
have to remove casks of that design from service?
    W. When NRC renews a CoC, are all amendments to that CoC 
simultaneously renewed as well?
    X. If a general licensee applies for the renewal of a given CoC 
(assuming the certificate holder went out of business or chose not 
to apply for the renewal of a given CoC), and if the NRC approves 
the renewal of that CoC, is the renewed CoC available only to that 
general licensee or is it available to all general licensees?
    Y. Can the requirements regarding TLAAs for CoC renewals be 
based upon a ``current licensing basis'' (CLB) patterned after Title 
10 of the Code of Federal Regulations (10 CFR) Part 54?
    Z. What is the status of the draft NRC Regulatory Issue Summary 
(RIS) 2007-26 which was issued on January 14, 2008 (73 FR 2281)?
III. Summary and Analysis of Public Comments on the Proposed Rule
IV. Discussion of Final Amendments by Section
V. Criminal Penalties
VI. Agreement State Compatibility
VII. Voluntary Consensus Standards
VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Analysis
XI. Regulatory Flexibility Certification
XII. Backfit Analysis
XIII. Congressional Review Act

I. Background

    On April 29, 2002, the Virginia Power and Electric Company 
(Dominion) submitted an application to renew Special Nuclear Materials 
(SNM) License SNM-2501 for the Surry ISFSI. SNM-2501 authorizes the 
storage of spent nuclear fuel in casks at the Surry Nuclear Power 
Plant. In the renewal application, Dominion requested an exemption from 
the 20-year license renewal term specified in 10 CFR 72.42(a) and 
sought approval for a 40-year license renewal term. Similarly, on 
February 27, 2004, Progress Energy Carolinas, Inc. submitted an 
application for the renewal of H. B. Robinson's ISFSI license which 
requested an exemption from the provisions of Sec.  72.42(a), so that 
the license renewal period for the H. B. Robinson's ISFSI could be 
extended from 20 to 40 years.
    The NRC staff determined the 40-year renewal exemption request to 
be a policy decision, not a technical one, because the safety 
evaluation indicated sufficient technical information had been provided 
in the application to grant the 40-year renewal period. As a result, a 
Commission paper (SECY-04-0175) entitled, ``Options for Addressing the 
Surry Independent Spent Fuel Storage Installation License-Renewal 
Period Exemption Request,'' was submitted on September 28, 2004, to 
request Commission approval of the Surry 40-year renewal exemption 
request.
    On November 29, 2004, the Commission issued a Staff Requirements 
Memorandum (SRM) for SECY-04-0175, which authorized the NRC staff to 
approve a 40-year license renewal term for the Surry ISFSI, with 
appropriate license conditions to manage the effects of aging. The SRM 
further directed the NRC staff to: (1) Initiate a program to review the 
technical basis for future rulemaking; (2) provide recommendations on 
the license term for part 72 CoCs for spent nuclear fuel cask storage 
systems; and (3) apply the Commission-approved guidance for part 72 
renewals to future specific license exemption requests without further 
Commission approval. In response to this direction, the staff submitted 
a Commission paper (SECY-06-0152) entitled, ``Title 10 Code of Federal 
Regulations part 72 License and Certificate of Compliance Terms,'' on 
July 7, 2006, to recommend the scope of rulemaking.
    In an SRM, dated August 14, 2006, the Commission authorized the 
staff to proceed with rulemaking proposals described in SECY-06-0152. 
In addition, the Commission specifically directed the staff to address 
the following points in the rulemaking: (1) Clarify the start of the 
20-year term limit for cask designs approved under general license 
provisions; (2) identify whether the cask vendor or licensee is 
responsible for applying for the CoC renewals; (3) discuss possible 
conflicts that could arise for storage cask designs that are granted a 
license term extension and that have been approved for transport with a 
different license term; (4) discuss how the cask expiration dates are 
tracked at each general license site so that it is clearly understood 
when the CoC for each cask design must be renewed; and (5) clarify the 
difference between CoC ``approval'' and ``renewal.''
    As this rulemaking commenced, the NRC staff identified a related 
issue regarding its approval of Amendment 4 to CoC 72-1026, which 
revised cask monitoring and surveillance requirements for the BNG Fuel 
Solutions W-150 storage cask. Subsequent to the approval, the 
certificate holder requested guidance from the NRC on the 
implementation of the changes authorized by the CoC amendment to 
previously loaded casks. In addition to this request, the NRC staff 
became aware of the belief among some general licensees that changes 
authorized by CoC amendments can be applied to previously loaded casks 
without prior NRC approval, if an analysis under Sec.  72.48 is 
performed.
    The NRC staff determined that under the current regulations, 
changes authorized by CoC amendments cannot be applied to previously 
loaded casks without express NRC approval, if such change results in a 
change to the terms or conditions of the CoC under which the cask was 
loaded. A previously loaded cask is bound by the terms and conditions 
(including the technical specifications) of the CoC applicable to that 
cask when the licensee loaded the cask. Therefore, under the current 
regulations, general licensees that want to apply changes approved by a 
CoC amendment to a previously loaded cask must request an exemption 
from the

[[Page 8874]]

NRC if these changes alter the terms or conditions of the CoC under 
which that cask was loaded.
    In the SRM for COMSECY-07-0032, dated December 12, 2007, the 
Commission stated that it did not object to the staff expanding the 
scope of the proposed rulemaking to include the following two issues: 
(1) To extend the terms of specific ISFSI licenses, for both initial 
and renewal terms, to not to exceed 40 years; and (2) to allow a 
general licensee to apply changes for a CoC amendment to a previously 
loaded cask without express NRC approval, while still ensuring that 
this action protects public health and safety.
    In the August 14, 2006, SRM for SECY-06-0152, the Commission 
directed the NRC staff to be as transparent as possible in developing 
the proposed rule package, including making draft text available for 
comment to stakeholders, and holding public meetings, if necessary, 
before formal submission of the proposed rule to the Commission. In 
response, the NRC staff held public meetings on November 7, 2006, and 
February 29, 2008, to discuss the technical basis of the rulemaking 
with stakeholders. In addition, on August 4, 2008, the NRC staff made 
preliminary draft rule text available for comment to stakeholders on 
Regulations.gov (Docket ID NRC-2008-0361). The only external 
stakeholders that submitted comments were the Nuclear Energy Institute 
and Florida Power and Light. The comments generally supported the 
rulemaking. The ``Discussion'' section of this document includes NRC 
responses to significant stakeholder comments.
    The NRC published the proposed rule, ``License and Certificate of 
Compliance Terms'' in the Federal Register on September 15, 2009 (74 FR 
47126), for public comment. The NRC received five comment letters on 
the proposed rule. These comments and the NRC responses are discussed 
in Section III of this document, ``Summary and Analysis of Public 
Comments on the Proposed Rule.''

II. Discussion

A. What action is the NRC taking, and why?

    The NRC is revising part 72 requirements for specific and general 
ISFSI licensees and part 72 requirements pertaining to CoCs to enhance 
the effectiveness and efficiency of the licensing process.
    For specific ISFSI licenses, the Commission is codifying a 
technical approach consistent with that applied in granting the 40-year 
exemptions for the Surry and H. B. Robinson specific ISFSI license 
renewals, so that all specific ISFSI licensees will have the 
flexibility to request initial and renewal terms not to exceed 40 years 
while ensuring safe and secure storage of spent nuclear fuel.
    For CoCs, the Commission is also allowing the flexibility for CoC 
applicants and CoC holders to request, respectively, initial terms and 
renewal terms not to exceed 40 years. The response to Question ``C'' of 
this section discusses the technical basis for this change. Under this 
change, applicants and CoC holders will be required to demonstrate that 
design and operational programs are suitable for the requested term. 
The NRC staff has developed a standard review plan (SRP) for renewal 
applications. The final rule amendments also clarify the term (length) 
of the general license, particularly as the general license term 
relates to CoC renewals (see the response to Question ``I'' of this 
section for further detail).
    For both specific licenses and CoCs, the final rule adds a 
requirement that renewal applicants must provide TLAAs and a 
description of an AMP (see the responses to Questions ``F'', ``G'', and 
``H'') to ensure that storage casks will perform as designed under 
extended license terms.
    The NRC is replacing the term ``reapproval,'' which is used to 
describe the process of extending the CoC terms, to ``renewal'' for 
consistency with specific license terminology. Question ``E'' of this 
section discusses the rationale for this change.
    The final rule will also allow general licensees to implement 
changes authorized by a CoC amendment to a previously loaded cask, 
provided that the loaded cask then conforms to the CoC amendment 
codified by the NRC in Sec.  72.214 and thus, continues to ensure the 
safe and secure storage of spent nuclear fuel. Question ``N'' of this 
section discusses the rationale for this change.

B. Whom does this action affect?

    The final rule will affect part 72 specific and general licensees 
and CoC holders and applicants for a CoC.

C. Why is the NRC increasing initial terms and renewal terms for 
specific ISFSI licenses from not to exceed 20 years to not to exceed 40 
years?

    The NRC is amending Sec.  72.42 to increase the initial terms and 
renewal terms for specific ISFSI licenses from not to exceed 20 years 
to not to exceed 40 years. This increase is consistent with the NRC 
staff's findings regarding the safety of spent nuclear fuel storage, as 
documented in the renewal exemptions issued to the Surry and H. B. 
Robinson ISFSIs. During the review for the Surry and H. B. Robinson 
renewal applications, the NRC staff evaluated the technical data 
resulting from an NRC-supported research program at the Idaho National 
Laboratory (INL), formerly Idaho National Engineering and Environmental 
Laboratory, and also considered experience with spent fuel storage 
casks used at Surry. Under the INL research program, INL opened a 
storage cask after the fuel had been stored for approximately 15 years. 
At Surry, several casks were also opened after less than 15 years of 
storage as a result of some faulty weather covers, which were 
corrected. Summaries of the findings regarding the condition of the 
fuel and cask components follow:
    (1) Cladding creep is a time-dependent change in the dimension of 
the cladding resulting from high temperature and stress. It was 
considered as a potential degradation mechanism during storage. 
Confirmatory inspection of the spent fuel stored at INL verified that 
no cladding creep had occurred. The spent fuel in storage at Surry also 
supports this finding. The NRC staff expects very little to no fuel 
degradation at the end of an extended licensing period. The established 
limits for cladding temperature during storage accompanied by a 
continually decreasing level of cladding stress and temperature, 
further remove creep as a degradation mechanism. Assessment of these 
factors indicates that cladding creep will not be an issue during a 40 
year term.
    (2) The NRC staff also expects limited degradation of other 
internal components because there are no significant corrosive 
influences in the inert environment, either for the fuel or for other 
components. The INL inspection verified that there was no indication of 
corrosion for any internal canister components. The NRC staff has also 
concluded that radiation levels are too low to significantly alter the 
properties of the metals for any storage canister components.
    (3) The other external components of the storage systems (which are 
exposed to weathering effects) would already be covered by an 
inspection and corrective action program, or routine maintenance, to 
ensure that any degradation will be identified and assessed for its 
importance to safety, and will be addressed through corrective actions 
to ensure continued safe operation of the storage system.
    Based on these findings, the Commission concludes that, with

[[Page 8875]]

appropriate aging management and maintenance programs, license terms 
not to exceed 40 years are reasonable and protect public health and 
safety.

D. Can applicants apply for an initial term or renewal term greater 
than 40 years?

    This final rule amends Sec.  72.42 by extending the term allowed 
for specific ISFSI licenses from not to exceed 20 years to not to 
exceed 40 years. This extension applies to both the initial terms and 
renewal terms. Any request for a term greater than 40 years would be 
processed as an exemption under Sec.  72.7. The NRC does not plan to 
ordinarily grant license term requests for greater than 40 years. As 
discussed in Question ``C'' of this section, the NRC believes that 
terms that do not exceed 40 years are reasonable and provide adequate 
protection of public health and safety, if the applicant demonstrates 
to the NRC appropriate aging management and maintenance programs.
    If an applicant requests a specific license term greater than 40 
years, that applicant would have to provide information on the long-
term material degradation of spent fuel storage casks, as well as 
associated aging management activities, to justify safe operation 
during such an extended period, and the NRC would need to evaluate this 
information.

E. Why is the NRC changing the word ``reapproval'' to ``renewal''?

    The NRC is changing the word ``reapproval'' to ``renewal'' in the 
final rule to be consistent with the terminology used in other license 
requirements under part 72. Currently, Sec.  72.240 uses ``reapproval'' 
to describe the process of extending the terms of CoCs. However, this 
terminology differs from other sections in part 72. For example, Sec.  
72.42 uses the word ``renewal'' to define the process for extending the 
term of specific ISFSI licenses, and Sec.  72.212(a)(3) uses 
``renewals'' to define the process for the continued use of storage 
casks of a particular design under a general license. Although 
``reapproval'' and ``renewal'' are similar words, they are subject to 
different regulatory interpretations. ``Renewal'' typically implies a 
process whereby the term of an existing license or CoC is extended. As 
such, a renewal reaffirms the original design basis, perhaps with some 
modifications. ``Reapproval,'' on the other hand, implies a process to 
reevaluate the original design basis in accordance with current review 
standards, which may be different from the standards in place when the 
cask design was initially certified.
    In addition, the Statements of Consideration (SOC) for the final 
rule (55 FR 29184; July 18, 1990) that added the general license 
provisions to part 72 stated that ``the procedure for reapproval of 
cask designs was not intended to repeat all the analyses required for 
the original approval.'' The referenced SOC also reported that, ``the 
Commission believes that the staff should review spent fuel storage 
cask designs periodically to consider any new information, either 
generic to spent fuel storage or specific cask designs, that may have 
arisen since issuance of the Certificate of Compliance.'' Clearly, 
measures would need to be taken if the ``new information'' involves 
safety concerns. These measures would depend on the nature of the 
safety concerns and the cask design. Requests for Additional 
Information (RAIs) may be generated during the renewal process to 
prompt applicants for CoC renewals to address such safety concerns.
    The NRC recognizes that a cask design certified years ago may not 
meet the latest standards, yet that design may be fully acceptable to 
continue to store spent fuel already loaded into casks of that design. 
If the cask design were subject to a reapproval process, and as such, 
to current standards, there is the possibility that certain components 
of the original design would not meet the current standards. Under this 
scenario, general licensees would be forced to remove the cask from 
service and repackage the spent fuel. Obviously, there are significant 
safety considerations if spent fuel were to be repackaged. When 
considering repackaging, safety considerations associated with the 
repackaging operation should be weighed against any safety concerns 
with leaving the spent fuel in its existing storage container. Although 
the NRC continuously updates its review standards, no compelling safety 
concerns have been identified to date that warrant the removal of spent 
fuel from a cask design that does not meet the latest review standards.
    Thus, the NRC concludes that the review of extending the term of a 
currently approved cask design is more in the nature of a renewal, 
because it is based on the cask design standards in effect at the time 
the CoC was approved, rather than a reapproval, which is based on the 
current standards. By replacing the word ``reapproval'' with the word 
``renewal,'' the final rule revisions will remove ambiguity from the 
process for extending the terms of CoCs.

F. Why is the NRC adding a definition for the term ``time-limited aging 
analyses'' (TLAAs)?

    Stakeholders asked for a definition of TLAAs when they reviewed the 
initial guidance document for the Surry and H. B. Robinson specific 
ISFSI license renewals. TLAA is a process to assess systems, 
structures, and components (SSCs) important to safety which have a 
time-dependent operating life. This final rule adds a definition of 
TLAA to the part 72 definitions section, Sec.  72.3, and makes 
revisions to Sec. Sec.  72.42(a)(1) and 72.240(c)(2), respectively, 
because TLAAs will be required for the renewal of a specific license 
and for the renewal of a spent fuel storage cask CoC.

G. What is an ``aging management program'' (AMP)?

    An AMP is a program for addressing aging effects that may include 
prevention, mitigation, condition monitoring, and performance 
monitoring. The final rule adds a definition of AMP to the part 72 
definitions section, Sec.  72.3, because SSCs must be evaluated to 
demonstrate that aging effects will not compromise the SSCs' intended 
functions during the renewal period.

H. Why is the NRC requiring an AMP?

    The NRC is amending Sec. Sec.  72.42 and 72.240 to require that 
applicants for specific license and CoC renewals describe a program, in 
their applications, for the management of issues associated with aging 
that could adversely affect SSCs. In this regard, degradation of the 
SSCs at an ISFSI, such as degradation due to corrosion and radiation, 
are time-dependent mechanisms and are expected to be addressed in 
renewal applications. AMP requirements will ensure that SSCs will 
perform as designers intended during the renewal period. AMP 
requirements will be reflected in the terms, conditions and technical 
specifications of the renewed CoC and thus made applicable to the 
general licensee per Sec.  72.212(b). For specific licensees, AMP 
requirements will be reflected in the terms and conditions of the 
renewed specific license.

I. Why is the NRC changing the 20-year general license term for cask 
designs approved for use under the general license provisions? When 
would a general license term begin and end?

    The final rule changes the 20-year general license term limit for 
the storage of spent fuel in casks fabricated under a CoC to be 
consistent with the revisions to CoC initial and renewal terms (which

[[Page 8876]]

establish a CoC term not to exceed 40 years).
    Under Sec.  72.210, a general license for the storage of spent fuel 
in an ISFSI at power reactor sites is issued to those persons 
authorized to possess or operate nuclear power reactors under 10 CFR 
parts 50 or 52. The general license is limited to that spent fuel which 
the general licensee is authorized to possess at the site under the 
part 50 or 52 license for the site. The general license is further 
limited to storage of spent fuel in casks approved and fabricated under 
the provisions of subpart L of part 72; the approved cask designs are 
listed in Sec.  72.214. Currently, the general licensee's authority to 
use a particular cask design under an approved CoC terminates 20 years 
after the date that the general licensee first uses the particular cask 
to store spent fuel, unless the cask's CoC is renewed, in which case 
the general license terminates 20 years after the CoC renewal date. In 
the event the cask's CoC were to expire, any loaded spent fuel storage 
casks of that design will need to be removed from service after a 
storage period not to exceed 20 years.
    This final rule amends Sec. Sec.  72.3 and 72.212(a)(3) to clarify 
the term of the general license and to match the term of the general 
license to the term of the applicable CoC. The final rule also amends 
Sec.  72.3 by adding a definition for the phrase ``the term certified 
by the cask's Certificate of Compliance,'' which is defined to mean, 
for a CoC that is not renewed, the period of time commencing with the 
CoC effective date and ending with the CoC expiration date, and for a 
renewed CoC, the period of time commencing with the most recent CoC 
renewal date and ending with the CoC expiration date.
    The final rule amends Sec.  72.212(a)(3) to clarify that the term 
of the general license runs through any renewal periods, unless 
otherwise specified in the CoC. In addition, the final rule also amends 
Sec.  72.212(a)(3) to clarify that the general license term for those 
casks placed into service during the final renewal term of a CoC (i.e., 
during the CoC term immediately preceding the expiration of the CoC), 
or similarly, during the term of a CoC that is not renewed, begins when 
the cask is first used (i.e., when the cask is loaded with spent fuel) 
and expires after a storage period not to exceed the length of ``the 
term certified by the cask's Certificate of Compliance.''
    The following scenarios are provided as illustrative examples:
    Scenario 1: The CoC has a term of 20 years. The general licensee 
places a cask into service at the end of the 19th year of the CoC term. 
The CoC is not renewed and expires at the end of the 20th year; that is 
1 year after the general licensee loaded the cask. The term of a 
general license for a cask shall be for a storage period not to exceed 
the term certified by the cask's CoC (i.e., for a CoC that is not 
renewed, the period of time commencing with the CoC effective date and 
ending with the CoC expiration date). Thus, in this scenario, the 
general license commences upon loading at the end of the 19th year and 
runs for 20 years (terminating 19 years after the date of the CoC 
expiration, giving a storage period of 20 years).
    Scenario 2: The initial CoC has a term of 20 years. The CoC is 
renewed (by rulemaking amending the appropriate entry in Sec.  72.214) 
for 40 years. The general licensee places a cask into service at the 
end of the 39th year of the renewal term. The CoC is not renewed a 
second time and as such, expires 40 years after the effective date of 
the renewal amendment to Sec.  72.214 (here, 1 year after the general 
licensee loaded the cask). The term of a general license for a cask 
shall be for a storage period not to exceed the term certified by the 
cask's CoC (i.e., for a renewed CoC, that is the period of time 
commencing with the most recent CoC renewal date and ending with the 
CoC expiration date). Thus, in this scenario, the term of the general 
license for the cask would commence upon loading and terminate 40 years 
after loading (in this case, 39 years after expiration of the CoC, 
giving a storage period of 40 years).
    Scenario 3: The initial CoC has a term of 20 years. The CoC is then 
renewed for 40 years. The general licensee places a cask into service 
at the end of the 39th year of the renewal term. The CoC is then 
renewed a second time for an additional 40 years. In this case, the 
general license would run through the second renewal period. Thus, the 
general license for that cask would commence upon loading and terminate 
at the expiration of the CoC (giving a storage period of 41 years).
    Scenario 4: The initial CoC has a term of 20 years. The CoC is then 
renewed for 40 years. The general licensee places a cask into service 
at the end of the 39th year of the renewal term. The CoC is then 
renewed two more times, each additional CoC renewal term being for a 
40-year period. In this case, the general license would run through 
both renewal periods. Thus, the general license for that cask would 
commence upon loading and terminate at the expiration of the CoC 
(giving a storage period of 81 years).
    Scenario 5: The initial CoC has a term of 20 years. The CoC is then 
renewed for 40 years. The CoC is then renewed a second and final time, 
but only for a 30 year period. The general licensee places a cask into 
service at the end of the 29th year of the final renewal term. In this 
scenario, the general license for that cask would be for a storage 
period not to exceed the term certified by the cask's CoC (for a 
renewed CoC, that is the period of time commencing with the most recent 
CoC renewal date and ending with the CoC expiration date). Thus, in 
this scenario, the general license for this cask would commence upon 
loading and terminate 30 years after loading (in this case, 29 years 
after expiration of the CoC, giving a storage period of 30 years).
    In short, the general license term for any given cask will be, at a 
minimum, for a storage period not to exceed ``the term certified by the 
cask's CoC'' (as that term is defined in Sec.  72.3). The rationale for 
extending the general license through any CoC renewal term is two-fold. 
First, the extension of the general license through a CoC renewal term 
is premised upon the licensee implementing all appropriate aging 
management requirements. Second, the NRC concluded that the 
occupational risks of taking a cask out of service and repackaging the 
spent fuel into another storage cask exceed the risks of leaving the 
spent fuel in the original cask.

J. Are there possible conflicts that could arise for storage cask 
designs that are granted a term extension that are also approved for a 
different term limit as a transportation package?

    The Commission raised this issue in its SRM for SECY-06-0152, dated 
August 14, 2006. The NRC staff does not foresee any possible conflicts. 
The current regulations in part 72 encourage, but do not require, 
storage cask designs to have a compatible, approved transportation 
cask. So called ``dual use'' systems must be separately certified under 
the requirements in 10 CFR part 71 (transportation) and part 72 
(storage). Typically, the only common item between these systems is the 
inner canister, which holds the spent fuel contents.
    Part 71 certificates for transportation packages are issued for a 
5-year term whereas part 72 CoCs are issued for much longer periods 
(under the current regulations, all approved CoCs have 20-year terms; 
under this final rule, the CoC term is extended to a not to exceed 40-
year term). For each transportation cask certified under 10 CFR part 
71, the CoC specifies ``approved contents.'' The description of the 
approved contents for a spent fuel transportation package defines the 
acceptable fuel types and

[[Page 8877]]

characteristics and, typically, it is the condition of the fuel, not 
its age, that determines its acceptability. Spent fuel stored in casks, 
even for extended terms, is not expected to experience any significant 
degradation that would affect its acceptability to be shipped in a 
suitable transportation cask. The part 72 general design criteria 
require fuel retrievability (Sec.  72.122(l)) and for CoC applications, 
the design of the storage cask should consider, to the extent 
practicable, compatibility with removal of the stored spent fuel from a 
reactor site, transportation, and ultimate disposition by the 
Department of Energy (Sec.  72.236(m)). Based upon the NRC-supported 
INL research program and the Surry and H. B. Robinson ISFSI renewal 
applications, the NRC staff has concluded that typical spent fuel can 
be safely stored in casks without appreciable degradation.
    If the condition of spent fuel, or its storage canister, was 
believed to have degraded during extended storage such that it no 
longer met the criteria for approved contents, a licensee would have 
other alternatives for transport of that spent fuel. A new or modified 
approved transportation cask might be used, or the fuel might be 
repackaged, to place it in an acceptable configuration.

K. How does the NRC track cask expiration dates?

    Section 72.212(b)(2) of the final rule will require general 
licensees to register use of each cask with the Commission no later 
than 30 days after using that cask to store spent fuel. To register 
casks, licensees must submit their name and address, reactor license 
and docket numbers, the name and title of a person responsible for 
providing additional information concerning spent fuel storage under 
the general license, the cask certificate number, the amendment number, 
if applicable, cask model number, and the cask identification number. 
With this information, the Commission will know the loading and 
expiration dates of each cask. This information will also enable the 
NRC to schedule any necessary inspections and will permit the NRC to 
maintain an independent record of use for each cask.

L. Who is responsible for applying for CoC renewals?

    The final rule retains the structure of the current rule, which 
emphasizes that the certificate holder (the cask vendor) applies for 
cask renewal. If the certificate holder chooses not to apply for the 
renewal of a particular cask design or is no longer in business, a 
licensee, a licensee's representative, or another certificate holder 
may apply for renewal in its place. If the applicant for CoC renewal 
seeks to fabricate this cask design, it must satisfy the applicable 
requirements of part 72, including establishment and maintenance of the 
requisite quality assurance (QA) program (general licensees may rely 
upon previously established part 50 or 71 QA programs if they meet the 
requirements of Sec. Sec.  72.140 and 72.174).

M. Does the NRC have a definition for ``terms, conditions, and 
specifications'' as they relate to the CoC?

    The NRC does not include a definition for ``terms, conditions, and 
specifications'' in the final rule because these words are generic in 
nature, and are used in other parts of the NRC's regulations without 
definition.

N. Can a licensee apply CoC amendments to previously loaded casks?

    This final rule amends Sec.  72.212(b) to clarify that general 
licensees may apply changes authorized by a CoC amendment to a 
previously loaded cask provided that the licensee demonstrates, through 
a written evaluation, that the cask meets the terms and conditions of 
the subject CoC amendment (i.e., the loaded cask must conform to the 
CoC amendment codified by the NRC in Sec.  72.214).

O. May a general licensee implement only some of the authorized changes 
in a CoC amendment without prior NRC approval?

    If a general licensee elects to apply the changes authorized by a 
CoC amendment to a previously loaded cask, then the cask, after the 
changes have been applied, must conform to the terms and conditions 
(including the technical specifications) of the CoC amendment. Partial 
or selective application of some of the authorized changes, but not 
others, requires prior NRC approval (in this case, the general licensee 
would apply for an exemption). The basis for allowing licensees to 
apply the changes authorized by a CoC amendment to a previously loaded 
cask without prior approval from the NRC is that the cask will remain 
in an analyzed condition if, after the changes have been applied, it 
conforms to the terms and conditions of the CoC amendment. The NRC has 
previously stated, ``a spent fuel storage cask will be relied on to 
provide safe confinement of radioactive material independent of a 
nuclear power reactor's site, so long as conditions of the Certificate 
of Compliance are met'' (54 FR 19381; May 5, 1989). However, partial or 
selective application of a CoC amendment's changes could result in a 
cask that would be in an unanalyzed condition.
    In a related issue, the NRC agrees with an industry comment raised 
in response to the publication of the draft preliminary rule text (73 
FR 45173; August 4, 2008). The draft preliminary rule text required 
that a general licensee ensure that once the changes authorized by a 
CoC amendment had been applied to a previously loaded cask, that the 
cask then ``fully conforms'' to the terms and conditions of the CoC 
amendment. The industry comment raised the concern that the phrase 
``fully conforms'' was overly restrictive and requiring conformance 
with all the changes authorized by a CoC amendment would not be 
feasible or logical in certain instances, namely, in those cases where 
the amended CoC requirements do not apply to that particular general 
licensee site or ISFSI (e.g., requirements for pressurized water 
reactors (PWR) fuel at a boiling water reactor (BWR) plant).
    In light of this comment, the final rule language now requires that 
the cask, once CoC amendment changes have been applied, ``conforms'' to 
the terms and conditions of the CoC amendment. Thus, CoC amendment 
requirements for PWR fuel need not be met at a BWR plant.
    Similarly, if the CoC amendment includes changes to the Technical 
Specifications for loading, general licensees may have difficulty 
demonstrating that the previously loaded cask complies with the new 
loading requirements. As revised by this final rule, Sec.  72.212(b)(5) 
will require general licensees to perform written evaluations prior to 
applying the changes authorized by an amended CoC to a previously 
loaded cask. If the evaluation indicates that the loading conditions 
under the initial or older CoC amendment would not affect the ability 
of the previously loaded cask to meet the storage or unloading 
requirements of the newer CoC amendment, then the cask would be 
considered as conforming with the terms and conditions of the newer CoC 
amendment without having to meet the new loading requirements.

P. Do later CoC amendments encompass earlier CoC amendments?

    No, later CoC amendments do not encompass earlier amendments unless 
the language of the later CoC amendment expressly indicates otherwise. 
Generally, when the NRC reviews an amendment to a CoC, the NRC staff 
considers the changes associated with the amendment request only and 
limits its review to the

[[Page 8878]]

bounding conditions of the analysis. Specific changes associated with 
earlier CoC amendments for previously loaded casks are not considered 
during the review process for a later amendment. Thus, depending on the 
nature of the changes, later amendments do not necessarily encompass 
earlier amendments and sometimes may be inconsistent with earlier 
amendments.

Q. Why can't general licensees use the Sec.  72.48 process to apply CoC 
amendment changes to previously loaded casks?

    The principal requirement of Sec.  72.48 regarding changes to cask 
designs is that the desired changes do not result in a change in the 
terms, conditions, or specifications incorporated in the CoC. A 
previously loaded cask is bound by the terms, conditions, and technical 
specifications of the CoC applicable to that cask at the time the 
licensee loaded the cask. Thus, under Sec.  72.48, a licensee may only 
make those cask design changes that do not result in a change to the 
terms, conditions, or specifications of the CoC under which the cask 
was loaded. The final rule will not amend Sec.  72.48, but will amend 
Sec.  72.212 by authorizing a general licensee to apply the changes 
authorized by a CoC amendment to a previously loaded cask, provided 
that after the changes have been applied, the cask conforms to the 
terms and conditions, including the technical specifications, of the 
CoC amendment.

R. If a general licensee selects and purchases a cask fabricated under 
an earlier CoC amendment, but does not load the cask, can the general 
licensee adopt the most recent CoC amendment for the empty cask before 
loading it?

    Adoption of the most recent CoC amendment depends on the nature of 
the changes between the CoC amendment under which the cask system was 
fabricated and the most recent amendment. CoC amendments are routinely 
requested by cask manufacturers or vendors (also referred to as the 
certificate holders) to account for advances in cask design and 
technology. Some amendments will be associated with cask hardware 
changes. A cask system that was purchased under an older amendment may 
or may not be able to be modified to a cask system that meets the most 
recent amendment.
    As revised by this final rule, Sec.  72.212(b)(5) will require that 
general licensees perform written evaluations demonstrating that the 
cask, once loaded with spent fuel, will conform to the terms, 
conditions and specifications of a CoC or an amended CoC listed in 
Sec.  72.214. In the case of an unloaded cask fabricated under the 
initial or earlier CoC amendment, the cask cannot be loaded under a 
later CoC amendment if the Sec.  72.212(b)(5) evaluation shows that the 
cask, once loaded, will fail to meet the terms, conditions and 
specifications of the later CoC amendment. If the evaluation 
demonstrates that the terms, conditions and specifications of the later 
CoC amendment are met, then the cask can be loaded under the later CoC 
amendment.

S. What are the NRC's plans for providing guidance and examples of 
aging analyses and AMPs to licensees?

    The NRC has developed NUREG-1927 ``Standard Review Plan for Renewal 
of Independent Spent Fuel Storage Installation Licenses and Dry Cask 
Storage System Certificates of Compliance.'' This SRP provides guidance 
to the NRC staff in reviewing licensees' programs for managing the 
effects of aging on spent fuel storage casks or ISFSI sites. Aging 
analyses and AMPs are two components of an overall program for managing 
the effects of aging. Because applicants will need to submit a TLAA and 
a description of their program to manage the effects of aging when 
applying for renewal of either CoCs or specific licenses under the 
final rule, this SRP will also assist potential applicants in 
identifying parameters to be included in a renewal application and 
measures necessary to ensure that the cask or ISFSI can be operated 
during the renewal period without undue risk to the public health and 
safety. The SRP will be published following the publication of this 
final rule.

T. Could the NRC maintain the current paragraph designations of Sec.  
72.212(b)?

    The NRC understands the burden arising from changing the paragraph 
designations of a regulation. However, the NRC is rearranging the 
provisions of Sec.  72.212(b) to better organize regulatory 
requirements. For example, the final rule will group recordkeeping 
requirements at the end of Sec.  72.212(b) rather than dispersing them 
among other requirements, as is currently the case. The NRC's intent 
for rearranging Sec.  72.212(b) is to make this provision more user-
friendly. These changes are documented in Table 1 located in Section IV 
(Item 4) of this document (Discussion of Final Amendments by Section 
under the discussion pertaining to Sec.  72.212).

U. When are licensees required to submit cask registration letters?

    Under final Sec.  72.212(b)(2), general licensees must submit a 
cask registration letter no later than 30 days after using that cask to 
store spent fuel. One registration letter may be submitted for a 
campaign that loads more than one cask, provided that the letter lists 
the cask certificate number, the amendment number, the cask model 
number, and the cask identification number of each cask covered by the 
campaign.
    In addition, under final Sec.  72.212(b)(4), general licensees must 
submit a cask registration letter no later than 30 days after applying 
the changes authorized by an amended CoC to a previously loaded cask. 
One registration letter may be submitted for a campaign that applies 
CoC amendment changes to more than one cask, provided that the letter 
lists the cask certificate number, the amendment number to which the 
cask will conform, the cask model number, and the cask identification 
number of each cask covered by the campaign.

V. If a CoC is not renewed, how long would general licensees have to 
remove casks of that design from service?

    For those cask storage systems for which renewals are not planned, 
general licensees should plan ahead to remove these cask storage 
systems from service at or before the termination of the general 
license (see the response to Question ``I'' above). Because users are 
most aware of the general cask schedule and the number of casks to be 
removed from service at their sites, users are in the best position to 
develop a reasonable schedule for the removal.

W. When the NRC renews a CoC, are all amendments to that CoC 
simultaneously renewed as well?

    Section 72.214 lists one expiration date for each CoC. Amendments 
under a CoC may have different effective dates; however, they share the 
same certificate number and docket number. Therefore, when the NRC 
renews a CoC, all amendments to that CoC are renewed as well.

X. If a general licensee applies for the renewal of a given CoC 
(assuming the certificate holder went out of business or chose not to 
apply for the renewal of a given CoC), and if the NRC approves the 
renewal of that CoC, is the renewed CoC available only to that general 
licensee or is it available to all general licensees?

    CoCs are generic designs and approved by rulemaking. The renewed 
CoC will be available to all persons who hold a general license under 
Sec.  72.210.

[[Page 8879]]

Y. Can the requirements regarding TLAAs for CoC renewals be based upon 
a ``current licensing basis'' (CLB) patterned after 10 CFR part 54?

    The NRC does not believe that the part 54 CLB is the appropriate 
basis for TLAAs in support of CoC renewals. The NRC does not believe 
that it is appropriate for the CLB to be applied to cask CoC renewals, 
which are generic. The CLB is typically the set of NRC requirements 
applicable to a specific plant and a specific licensee's written 
commitments for ensuring compliance with and operation within 
applicable NRC requirements, including the plant specific design basis 
(including all modifications and additions to regulatory commitments 
over the life of the license) that are docketed and in effect.

Z. What is the status of the draft NRC Regulatory Issue Summary (RIS) 
2007-26 which was issued on January 14, 2008 (73 FR 2281)?

    The NRC decided not to finalize the draft RIS 2007-26 because Sec.  
72.212(b) provides a path forward for implementation of later CoC 
amendments to previously loaded casks. An Enforcement Guidance 
Memorandum (EGM), dated September 15, 2009, was issued in conjunction 
with the publication of the proposed rule to provide guidance to NRC 
inspectors for exercising enforcement discretion concerning 
deficiencies related to implementing changes, authorized by CoC 
amendments to previously loaded casks, that occurred prior to issuance 
of the EGM.

III. Summary and Analysis of Public Comments on the Proposed Rule

    This section presents a summary of the public comments received on 
the proposed rule and supporting documents, the NRC's response to the 
comments, and changes made in the final rule and supporting documents 
as a result of these comments.
    The NRC received five comment letters on the proposed rule. These 
comments came from the Nuclear Energy Institute, the U.S. Department of 
Energy, Exelon Nuclear, Decommissioning Plant Coalition, and the 
Prairie Island Indian Community. Three of the commenters supported the 
new regulation, while two of the commenters expressed concern about the 
proposed regulation. The commenters opposed to the proposed regulation 
were primarily concerned about the increased license term extension 
from 20 to 40 years for specific ISFSI licensees. One of these 
commenters also had questions about the environmental review process. 
The other commenters provided comments on different topics within the 
proposed rule, including the proposed CoC terms, the CoC renewal 
process, the CoC amendment process, TLAAs, and spent fuel storage in 
general. These commenters made observations about these topics and 
recommended areas within the proposed rule where the NRC could make 
improvements. Two commenters suggested revisions to the proposed rule 
language and the SOC.
    Copies of the public comments are available for review in the NRC 
Public Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738. A 
review of the comments and the NRC responses follow:

General Support

Comment 1
    A commenter agreed with the proposed amendments and stated that 
they are in the public interest and are consistent with scientific 
evidence. The commenter also noted that the proposed regulation would 
reduce the costs incurred by licensees and the NRC as a result of 
preparing and reviewing applications and exemption requests. The 
commenter stated that the proposed rule would provide the NRC and 
regulated entities with greater regulatory certainty.
Response
    The NRC agrees with the comment.

General Opposition

Comment 2
    A commenter suggested that the proposed revisions would negatively 
and directly impact their community and expressed opposition to 
extending specific ISFSI licenses by 40 years. The commenter also 
indicated that the proposed rule, along with the ``scrapping'' of Yucca 
Mountain, would lead to permanent spent fuel storage at nuclear power 
reactor sites. In addition, the commenter urged that the 20-year 
initial and renewal terms should remain unchanged. The commenter 
suggested that a 20-year term better protects the public because the 
casks are monitored more frequently.
Response
    The NRC acknowledges the concerns raised by the commenter. The 
Commission believes there is reasonable assurance that spent fuel can 
be stored safely and without significant environmental impacts at 
ISFSIs during the extended license terms authorized by the final rule. 
This reasonable assurance is partly based on the technical data gained 
from an NRC supported research program and field data. Details are 
discussed in the response to Question ``C'' of the ``Discussion'' 
section of this document. Furthermore, this final rule would require 
all licensees to identify time-dependent degradations of the ISFSI SSCs 
when they apply for license renewal. If any aging issues which could 
adversely affect SSCs are identified, the final rule requires the 
license renewal applicant to describe an AMP in its license renewal 
application. The AMP will address the prevention and mitigation of 
aging effects. The NRC staff will evaluate the AMP and will only 
approve the renewal application if the AMP is deemed adequate.
    An AMP would require licensees to monitor the casks and take other 
measures to ensure public health and safety. AMP requirements will be 
reflected in the terms and conditions of the renewed specific license, 
which are enforceable by NRC. The NRC will monitor the licensee's 
compliance with the terms and conditions of the license through the 
NRC's inspection program. The NRC concluded that, with appropriate 
aging management and maintenance programs, a license term up to 40 
years is reasonable and provides adequate protection of public health 
and safety.
Comment 3
    A commenter stated that the proposed rule, ``like the proposed 
revision of the Waste Confidence Rule,'' validated the commenter's 
earlier concerns raised during the initial licensing process for the 
ISFSI located near its Tribal boundary and ``exposes the false 
assurances that the ISFSI is an interim or temporary solution.'' The 
commenter added that the Commission's position is to ``simply 
streamline approvals for extending the term that spent fuel can be 
stored at either onsite or offsite ISFSIs.'' The commenter suggested 
that ``regulatory requirements should be further enhanced rather than 
relaxed.''
Response
    The NRC has not made any regulatory or policy decision which states 
that the storage of spent fuel at ISFSIs obviates the need for a 
permanent repository of spent fuel and other high-level waste. The 
establishment of such a repository is a national policy decision and is 
beyond the scope of this rulemaking.
    The extension of specific license terms in Sec.  72.42 does not 
relax any regulatory requirements. The rationale for extending the 
terms for specific ISFSI licenses, for both initial terms and

[[Page 8880]]

renewals, is set forth in the responses to Questions ``C'', ``D'', and 
``F-H'', in Section II of this document. The rule requires that any 
applicant for license renewal demonstrate the safety of the continued 
storage of spent fuel for the requested term through TLAAs and the 
establishment of an AMP. If the applicant demonstrates to the NRC 
appropriate aging management and maintenance programs, then the NRC has 
concluded that a renewal term up to 40 years is reasonable and provides 
adequate protection of public health and safety.

CoC Terms and Renewal Process

Comment 4
    A commenter stated that the term ``unloaded cask'' in the fifth 
paragraph of Section II, ``Discussion,'' Question ``E'', of the 
proposed rule is unclear. The commenter asked whether the term 
``unloaded cask'' is limited to a cask that has never been loaded or if 
it also includes a cask that has been used but subsequently unloaded of 
stored fuel. The commenter added that the review of a generic CoC 
renewal should not depend on whether or not a particular cask is 
unloaded. The commenter requested that the NRC delete the final 
sentence of the fifth paragraph of Section II, ``Discussion,'' Question 
``E.''
Response
    In the context of the response to Question ``E'', the NRC 
considered the term ``unloaded cask'' to be either a cask that has 
never been loaded or one that was loaded and then subsequently 
unloaded. In any event, the NRC agrees with the comment. When a CoC is 
renewed by the NRC, it is the cask design that is being renewed. It 
does not matter whether the cask is loaded or not. Therefore, 
clarifying changes have been made to the response to Question ``E'', 
including the deletion of the sentence which contains the term 
``unloaded cask.''
Comment 5
    Two commenters requested that NRC clarify Section II, 
``Discussion,'' Questions ``I'' and ``V'' and Section III, ``Discussion 
of Proposed Amendments by Section,'' Item 4 and Sec.  72.212(a)(3) of 
the proposed rule. These sections of the SOC and Sec.  72.212(a)(3) 
address the relationship between the term of a general license, the CoC 
term and renewal, and the date an individual cask is loaded.
    One of the commenters stated that ``[i]ndustry believes that each 
individual cask should be permitted to be operated for the full design 
life of the cask, including the full renewal period.'' The commenter 
stated that aging management requirements would be implemented during 
the renewal period. This commenter then provided two examples: the 
first, ``a cask loaded under an active CoC with a 20-year initial term 
and not renewed should be permitted to be operated under a general 
license for 20 years from the date of initial use, no matter when that 
cask is placed into service;'' and the second, ``a cask loaded under an 
active CoC with a 20-year initial term and renewed for 40 years should 
be permitted to be operated under a general license for 60 years from 
the date of initial use, no matter when that cask is placed into 
service.''
    The commenter then asserted that each cask is fabricated to meet a 
specific design life and that the ``successful renewal of the CoC 
extends that design life provided all design and maintenance parameters 
that were part of the renewal approval are met.'' The commenter further 
asserts that the design life ``does not begin for each individual cask 
until the cask is loaded, i.e., the cask is experiencing the conditions 
contemplated in design.'' The commenter concluded that ``forcing casks 
to be taken out of service at an arbitrary date would result in 
unnecessary fuel repackaging and occupational radiation exposition with 
no commensurate public health and safety benefit.''
    The second commenter made a similar comment, stating that the 
``cask life should be solely based on the qualification of the cask, 
and not on the CoC expiration date.'' The commenter then suggested that 
``the NRC consider evaluating the lifespan of the fuel storage system 
based on date of loading (i.e., activation of the system) of the cask 
system in compliance with all applicable terms, conditions, and 
specification, and not based on other external factors.''
Response
    The NRC agrees, in part, and disagrees, in part, with the comments. 
The part 72 regulations do not define the term ``design life.'' Rather, 
the part 72 regulatory scheme is based on licenses, specific and 
general, and the terms of those licenses. The general license term is 
premised upon the CoC in effect at the time the cask was placed into 
service (i.e., loaded with spent fuel and deployed onto the ISFSI pad). 
As explained in the response to Question ``I'' of Section II, the 
general license term, for loaded casks, will run through any 
consecutive CoC renewal terms as the occupational risk of unloading a 
cask and repackaging the spent fuel into another storage cask exceeds 
the risk of keeping the spent fuel in the original cask.
    The NRC agrees with the first commenter's statement regarding the 
implementation of aging management requirements during the renewal 
period. The NRC further agrees with the first commenter's first example 
regarding a cask fabricated under a 20-year CoC term, which is not 
renewed. Under both the current regulation and the regulation as 
revised by this final rule, the general license term for such a cask 
would be 20 years, regardless of when during the 20-year CoC term the 
cask is placed into service. Of course, after the CoC expires, casks of 
that design could no longer be placed into service.
    The NRC disagrees with the second example and the commenter's 
rationale to support that example. The commenter states ``a cask loaded 
under an active CoC with a 20-year initial term and renewed for 40 
years should be permitted to be operated under a general license for 60 
years from the date of initial use, no matter when that cask is placed 
into service'' (emphasis added). The NRC does not agree that successful 
renewals of the CoC cumulatively extend the general license term for 
that cask (the commenter uses the term ``design life,'' which the NRC 
assumes to be the equivalent of the general license term desired by the 
commenter). The commenter uses the example of a CoC that has an initial 
term of 20 years followed by a renewal term of 40 years. The commenter 
then asserts that the design life of the cask would be 60 years. Thus, 
under this reasoning, a cask placed into service the day before the 
renewed CoC expires could be in service for 60 years. Essentially, the 
commenter appears to be asserting that the regulatory scheme should 
allow cumulative terms, such that each successive renewal of the CoC 
adds to the design life of the cask, and thus, to the term of the 
general license.
    The intent of the amendments implemented by the final rule is that 
the use of a cask is determined by the general license term, which in 
turn is determined by the term specified in the applicable CoC in 
effect at the time the cask is placed into service; the general license 
term is not determined by adding all the successive CoC renewal terms 
to the initial CoC term. The term of the general license for any cask 
placed into service during a CoC renewal term is based upon the length 
of the renewal term (renewal date to expiration). Thus, if a CoC is 
renewed for 40 years and a cask fabricated under that CoC is placed 
into service during the 39th year of the renewal term, the

[[Page 8881]]

general license for that cask would be 40 years.
    According to the commenter, if the initial term of the CoC was 20 
years, and the CoC was then renewed twice, each time for 40 years, then 
a cask placed into service on the last day of the second renewal period 
would have a general license of 100 years (essentially, 100 years 
beyond the CoC expiration date). It is not the intent of the NRC to 
allow for such extended, cumulative license terms.\1\ Such an 
interpretation of the regulatory scheme implemented by this final rule 
is well beyond the regulatory norm and is not aligned with the stated 
purpose of this rulemaking, which was to extend specific license terms 
from not to exceed 20 years to not to exceed 40 years and then to make 
the terms of CoCs and general licenses equal with those of specific 
licenses.
---------------------------------------------------------------------------

    \1\ As background, see the response to Question 21 in the July 
18, 1990 (55 FR 29186), final rule that promulgated subparts K and L 
of part 72. In particular, the NRC stated that ``the 20-year storage 
period will also apply to new casks put into use after a Certificate 
of Compliance is reapproved.'' Clearly, there was no intent that the 
storage period for a cask placed into service during the renewal 
term was to be for a term that was equal to the initial term plus 
the renewal term.
---------------------------------------------------------------------------

    The NRC disagrees with the second commenter, who stated that ``cask 
life should be solely based on the qualification of the cask, and not 
on the CoC expiration date.'' In this regard, the NRC will allow for 
casks already in service, i.e., those already loaded prior to any given 
CoC renewal, to remain in service through any future renewal periods, 
given that the occupational hazards associated with unloading a cask 
and repackaging the spent fuel into another storage cask exceed the 
risks of leaving that fuel in the original cask. However, this is not 
the same as allowing an unloaded cask (i.e., either a new cask or one 
formerly loaded and then subsequently unloaded) to be placed into 
service for a cumulative term that is equal to the length of the 
initial term and all renewal terms. The intent of this final rule is 
that the general license term for any cask placed into service shall 
not be longer than the term certified by the then effective CoC, unless 
that CoC is renewed after that cask has been placed into service, in 
which case, the general license will terminate at the expiration of the 
CoC (i.e., at the end of the final CoC renewal term). Please see the 
response to Question ``I'' of this document for additional details, 
including examples of various general license scenarios.
    In response to these comments, this final rule amends Sec.  
72.212(a)(3) to include clarifying language regarding general license 
terms and similarly, adds a definition of the phrase ``the term 
certified by the cask's Certificate of Compliance'' to the part 72 
definitions section, Sec.  72.3.
Comment 6
    A commenter requested that the NRC clarify the QA program 
requirements for general licensees that seek to fabricate casks (as 
discussed in Section II, ``Discussion,'' Question ``L'' of the proposed 
rule). The commenter asked whether a general licensee that seeks to 
fabricate a cask under its part 50 QA program may apply its part 50 QA 
program as long as it governs part 72 activities.
Response
    Section 72.140 sets forth the requirements of a part 72 QA program. 
Under Sec.  72.140(d), a QA program previously approved by the 
Commission as satisfying the requirements of Appendix B to part 50 or 
subpart H of part 71 will be accepted as satisfying the requirements of 
Sec.  72.140(b), provided that the general licensee or other applicant 
meets the recordkeeping requirements of Sec.  72.174. In filing the 
description of the QA program required by Sec.  72.140(c), a general 
licensee who seeks to fabricate casks under a renewed CoC must notify 
the NRC, in accordance with Sec.  72.4, of its intent to apply its 
previously-approved QA program to part 72 activities. The notification 
shall identify the previously-approved QA program by date of submittal 
to the Commission, docket number, and date of Commission approval.
Comment 7
    A commenter suggested that the word ``terms'' in the phrase 
``terms, conditions, and specifications'' may be confused with the word 
``term'' as in the ``term certified in the cask CoC.'' The commenter 
requested that the NRC revise Section III, ``Discussion of Proposed 
Amendments by Section,'' Item 4 to address this issue. The commenter 
requested that the NRC add a definition to Sec.  72.3 for the phrase 
``term certified by the cask's Certificate of Compliance.''
Response
    The NRC agrees that clarification is needed. The NRC added the 
following definition to Sec.  72.3:
    ``Term certified by the cask's Certificate of Compliance, for the 
purposes of this part, means, for an initial CoC, the period of time 
commencing with the CoC effective date and ending with the CoC 
expiration date, and for a renewed CoC, the period of time commencing 
with the most recent CoC renewal date and ending with the CoC 
expiration date.''
Comment 8
    One commenter asked if a ``cask user or user's representative'' 
renews a CoC, then would that user or user's representative become the 
CoC holder and, as a result, obtain all CoC holder responsibilities. In 
particular, the commenter questioned whether the user or user's 
representative would assume responsibility for cask Final Safety 
Analysis Report (FSAR) updating and reporting requirements under Sec.  
72.48.
Response
    In the SOC for the July 18, 1990, final rule which promulgated 
subparts K and L of part 72, the NRC stated its expectation that the 
cask vendor, if still in business and fabricating the subject cask 
design, would apply for cask renewal (55 FR 29184; July 18, 1990). If 
the certificate holder is no longer in business or chooses not to apply 
for the renewal of a particular cask design, then a cask user or user's 
representative (i.e., the licensee or licensee's representative) could 
apply to renew a CoC. If approved by the NRC, the cask user or 
representative would then become the CoC holder. In this capacity, the 
cask user or representative absorbs all CoC holder responsibilities, 
such as cask FSAR updating and reporting requirements under Sec.  
72.48.

CoC Amendment Process

Comment 9
    A commenter objected to a sentence in the first paragraph of 
Section II, ``Discussion,'' Question ``O'' that stated, ``However, 
partial or selective application of a CoC amendment's changes would 
result in a cask that would be in an unanalyzed condition.'' The 
commenter asserted that this sentence was a ``significant 
overstatement'' as not all partial or selective application of a CoC 
amendment's changes would result in the cask being in an unanalyzed 
condition. The commenter requested that the sentence be deleted or that 
the first instance of ``would'' be replaced with the word ``could.''
Response
    The NRC agrees with the comment that, depending on the nature of 
changes in the amendment, partial or selective application of a CoC 
amendment's changes may not always result in the cask being in an 
unanalyzed condition. To minimize the possibility of the cask being in 
an unanalyzed condition, however, the general licensee is required to 
apply for

[[Page 8882]]

an exemption in those cases where the general licensee seeks such a 
partial or selective application of the changes authorized by a later 
CoC amendment to a previously loaded cask. The NRC has revised the 
sentence in Section II, ``Discussion,'' Question ``O'' of this document 
as follows:
    ``However, partial or selective application of a CoC amendment's 
changes could result in a cask that would be in an unanalyzed 
condition.''
Comment 10
    A commenter suggested that the NRC should consider including in CoC 
amendments language addressing whether or not the CoC amendment 
encompasses all requirements of the initial CoC and previous 
amendments. The commenter asserted that such CoC amendment language 
would ``significantly simplify'' the adoption process for general 
licensees, ``especially in cases where only the contents have changed 
and no cask hardware modifications are involved.''
Response
    The approach suggested by the commenter is not within the scope of 
this rulemaking because the commenter's recommended language would be 
placed within the text of the CoC amendment, not the NRC regulations. 
Moreover, the NRC has considered a process that requires the 
application of every part 72 CoC amendment to include a basis which 
proposes the applicability of the proposed amendment to previously 
loaded casks. The NRC staff's acceptance of the proposed applicability 
and its basis would then be documented in the CoC amendment and in the 
accompanying Safety Evaluation Report (SER). However, the NRC staff has 
concluded that conducting the requisite analyses to evaluate each prior 
CoC amendment in relation to the new amendment would impose more 
burdens on both the NRC and applicants as compared to the process in 
the final rule.
Comment 11
    With respect to Section II, ``Discussion,'' Question ``W'' of the 
proposed rule, a commenter asked whether, after the renewal of a CoC, 
subsequent amendments to that CoC continue the existing amendment 
numbering or if the numbering for these amendments ``start over'' as 
the first amendment against the renewed CoC.
Response
    After a CoC is renewed, subsequent amendments to that CoC will 
continue with the existing numbering. For example, if there are seven 
amendments under a CoC before renewal, the next amendment, under the 
same CoC after renewal, will be Amendment No. 8.
Comment 12
    A commenter provided comments as requested under Section II, 
``Discussion,'' Question ``AA'' of the proposed rule. Question ``AA'' 
is not included in the SOC of this final rule because it was intended 
only to solicit comments on the particular items identified. Question 
``AA'' solicited public comment on whether or not the evaluation 
required by proposed Sec.  72.212(b)(5) should be reviewed and approved 
by the NRC. The commenter does not support NRC review of ``evaluations 
performed pursuant to Sec.  72.212(b)(5) to apply a later CoC amendment 
to previously loaded casks.'' The commenter suggested that NRC review 
of these evaluations would be ``inappropriate and contrary to the 
concept of a general licensee.'' The commenter stated that the NRC 
approves CoC amendments and that Sec.  72.212 evaluations, and 
revisions to these evaluations, ``are reviewed by NRC under the 
inspection program, at NRC's discretion.''
Response
    The NRC agrees with the comment. The amendments implemented by this 
final rule do not require any prior NRC review or approval of the 
evaluations conducted by a general licensee pursuant to Sec.  
72.212(b)(5). After a general licensee has made the findings required 
by Sec.  72.212(b)(5)(i)-(iii), it may apply the changes authorized by 
a later CoC amendment to a previously loaded cask. Of course, the NRC 
may review these evaluations through the NRC inspection program.
Comment 13
    A commenter described the proposed language in Sec.  72.212(b)(7) 
that states, ``and revise it to add a requirement to evaluate any 
changes to the site parameters determination and analyses required by 
Sec.  72.212(b)(6),'' as unnecessary and requested that the language of 
Sec.  72.212(b)(7) be simplified. The commenter recommended that the 
NRC revise Sec.  72.212(b)(7) from ``paragraph (b)(5) of this section'' 
to ``paragraphs (b)(5) and (b)(6) of this section.''
Response
    The NRC agrees with the comment that Sec.  72.212(b)(7) could be 
clarified by modifying the first sentence. Therefore, the NRC revised 
the first sentence of Sec.  72.212(b)(7) as follows:

    ``Evaluate any changes to the written evaluations required by 
paragraphs (b)(5) and (b)(6) of this section using the requirements 
of Sec.  72.48(c).''
Comment 14
    A commenter stated that the proposed 30-day timeframes for 
licensees to notify the NRC of the initial use of a cask and the 
application of a later CoC amendment to a previously loaded cask will 
cause the licensee an ``unnecessary administrative burden.'' 
Specifically, the commenter argued that the proposed rule language 
would require licensees to send two separate notifications into the 
NRC: (1) For new casks, licensees would need to notify the NRC within 
30 days of deployment; and (2) for previously loaded casks, licensees 
would need to notify the NRC within 30 days of applying the changes 
authorized by a CoC amendment to a previously loaded cask. The 
commenter noted that applying the changes authorized by a CoC amendment 
to previously loaded casks is usually part of a larger campaign that 
includes deploying new casks. The commenter stated that allowing ``120 
days for both notifications would allow general licensees to combine 
these two notifications into one, in most cases.''
Response
    The NRC does not agree that the requirement to prepare two letters, 
one covering loading the new casks, and the second covering the 
application of the changes authorized by a later CoC amendment to 
previously loaded casks, is particularly burdensome. The NRC staff has 
concluded that the 30-day timeframe is a reasonable requirement.
    The NRC acknowledges that applying the changes authorized by a 
later CoC amendment to previously loaded casks may be connected to a 
cask loading campaign. If the general licensee is loading new casks 
fabricated under a given CoC amendment and the changes authorized by 
that CoC amendment are also applied to previously loaded casks at the 
same time as explained by the commenter, one registration letter may be 
sufficient for that whole campaign, provided that the letter lists the 
cask certificate number, the appropriate CoC amendment number, the cask 
model number, and the cask identification number of each cask, both new 
and previously loaded.
    The commenter states that the Sec.  72.212(b)(5) report, which 
would cover both the loading of the new casks and the implementation of 
the changes to the previously loaded casks, would

[[Page 8883]]

be prepared well in advance of the loading campaign. Sections 
72.212(b)(2) and (4), however, require the registration of the use of 
new casks and the application of changes authorized by a later CoC 
amendment to previously loaded casks, no later than 30 days after the 
action--not 30 days after the completion of the Sec.  72.212(b)(5) 
report. Thus, even if the Sec.  72.212(b)(5) evaluation report was 
completed well in advance of the campaign, the general licensee could 
time its actions such that changes to the previously loaded casks would 
be implemented at or near the same time that the new casks are 
deployed; and as such, have both parts of the campaign covered in one 
letter. In the event that the general licensee cannot time the loading 
of the new casks with the implementation of the changes authorized by 
the latter CoC amendment so as to have both actions covered by one 30-
day letter, the licensee will be required to prepare two letters.
Comment 15
    A commenter requested that the NRC remove the word ``all'' from the 
first sentence of Sec.  72.212(b)(4) to be consistent with the 
discussion provided in Section II, Question ``O'' of the proposed rule.
Response
    The NRC agrees with the comment that, in order to be consistent, 
the word ``all'' should be removed in the first sentence of Sec.  
72.212(b)(4). The NRC revised Sec.  72.212(b)(4) accordingly.
Comment 16
    A commenter stated that Sec.  72.212(b)(4) is unclear with regard 
to when the 30-day ``clock'' starts for licensees to notify the NRC. 
The commenter added that Sec.  72.212(b)(4) is inconsistent with the 
wording used in Sec.  72.212(b)(2). The commenter suggested the 
following language to replace the first sentence in Sec.  72.212(b)(4): 
``Register each cask with the Nuclear Regulatory Commission no later 
than 30 days after applying the changes authorized by an amended CoC to 
a cask loaded under the initial or an earlier amended CoC.''
Response
    The NRC disagrees with the comment. The 30-day clock starts after 
the application of changes authorized by the CoC amendment to the 
previously loaded cask (a cask loaded under the initial CoC or an 
earlier CoC amendment). The language suggested by the commenter is not 
sufficient because there is no direct nexus between the phrase ``each 
cask'' with the phrase ``the changes authorized by an amended CoC to a 
cask loaded under the initial or an earlier amended CoC.'' The NRC 
concludes that the regulatory language of Sec.  72.212(b)(4) is clear 
and will not be revised other than the deletion of the word ``all'' 
from the first sentence (as described in the response to Comment No. 
15).
Comment 17
    A commenter stated that the proposed wording of Sec.  72.212(b)(7) 
is unnecessarily complex and recommended the following language: 
``Changes to the written evaluations required by Sec.  72.212(b)(5) of 
this section shall be reviewed in accordance with Sec.  72.48(c), as 
applicable.'' As an alternative, the commenter recommended that the NRC 
change the first word of this section of the proposed rule from 
``evaluate'' to ``review.'' The commenter suggested this revision 
because some general licensees could interpret the word ``evaluate'' as 
requiring a full Sec.  72.48 evaluation, regardless of the nature of 
the change to the document.
Response
    The NRC disagrees with the comment. In response to Comment 13 the 
NRC revised Sec.  72.212(b)(7) to read as follows:

    ``Evaluate any changes to the written evaluations required by 
paragraphs (b)(5) and (b)(6) of this section using the requirements 
of Sec.  72.48(c).''

    Both the language of the proposed rule and the above revised 
language follow the same logic and pattern as the regulatory language 
in effect before this final rule's effective date (Sec.  
72.212(b)(2)(ii) (2009)). The intent of this amendment was only to 
renumber the provision from Sec.  72.212(b)(2)(ii) to Sec.  
72.212(b)(7) and make related clarifying changes (such as the reference 
to Sec.  72.212(b)(6)). It is not the NRC's intent to change the 
substantive meaning of this provision, and as such, the NRC does not 
agree with changing the word ``evaluate'' to ``review.''
Comment 18
    A commenter stated that the addition of the phrase ``and, for those 
casks to which the licensee has applied the changes of an amended CoC, 
the amended CoC'' to Sec.  72.212(b)(11) is unnecessary. The commenter 
suggested the following language instead: ``Maintain a copy of the CoC 
and each amended CoC(s) applicable to casks loaded and deployed at the 
ISFSI, and the documents referenced in such Certificates for each cask 
model used for the storage of spent fuel until use of the cask model is 
discontinued.''
Response
    The NRC disagrees with the comment because CoC amendments may have 
a different design basis from the initial CoC as well as each other. 
Consequently, it is necessary for general licensees to maintain the 
initial CoC (along with documents referenced in the initial CoC) for 
those casks operating under the terms and conditions of the initial CoC 
and for those casks operating under the terms and conditions of a given 
CoC amendment, to maintain that CoC amendment (along with documents 
referenced in the amended CoC).
Comment 19
    A commenter stated that the rule applies to facilities that have 
one or more operating reactors. The commenter expressed concern that 
the proposed regulation would create unneeded burdens for permanently 
shut-down reactor sites. The commenter suggested that the NRC modify 
the proposed language in Sec.  72.212(b) to address this issue, but did 
not provide alternative language. Specifically, the commenter raised 
concerns about the application of changes authorized by a later CoC 
amendment to a cask loaded under the initial CoC amendment or an 
earlier CoC amendment thereto (a ``previously loaded cask'').
Response
    Part 72 does not draw a distinction between an operating facility 
and a decommissioned facility. The part 72 regulations make a 
distinction between specific licenses and general licenses. Under Sec.  
72.210, a holder of a part 50 or 52 power reactor license holds a part 
72 general license. Section 72.212 sets forth the conditions of a 
general license. If a decommissioned facility does not have an active 
part 50 or 52 license, it would then not have a part 72 general 
license; most likely, the facility would be operating under a specific 
part 72 license. The application of changes authorized by a CoC 
amendment to a previously loaded cask is not applicable to a specific 
license ISFSI, as those provisions of the final rule only apply to 
general licenses.
    In the case of a decommissioned facility that does operate under a 
part 50 or 52 license, and thus, has a part 72 general license, this 
rule would apply to the same extent as it would for any other part 50 
or part 52 licensee. In this regard, there is no reason to treat a 
generally licensed ISFSI at a decommissioned site any differently

[[Page 8884]]

than a generally licensed ISFSI at an active part 50 or 52 facility.
    The commenter may have assumed that this rule requires general 
licensees to apply the changes authorized by a CoC amendment to any 
previously loaded casks within the licensee's control. This is not 
correct. Under this final rule, the application of the changes 
authorized by a CoC amendment to a previously loaded cask is at the 
discretion of the general licensee; unless otherwise directed by the 
NRC, the general licensee can choose to continue to use the cask in 
accordance with the CoC under which the cask was loaded.

Time-Limited Aging Analyses and Aging Management Programs

Comment 20
    A commenter asked the NRC to clarify when aging management 
requirements apply to casks, such as a cask placed into service during 
the renewal term of a CoC.
Response
    Aging management requirements only apply after the cask is in 
service for the length of time equal to the term certified by the 
cask's initial CoC. For example, if the term of the initial CoC is 20 
years, and a cask is placed into service at the end of the 19th year, 
then the general licensee would need to begin implementing the 
appropriate aging management requirements at the end of the 39th year, 
assuming the CoC was renewed. The appropriate time to initiate the 
aging management requirements will be identified in the NRC approval of 
a CoC renewal application. Specifically, the aging management 
requirements will be made conditions or specifications of the CoC and 
thus applicable to general licensees per Sec.  72.212(b). The response 
to Question ``H'' in Section II was revised in light of this comment.
Comment 21
    A commenter stated that the TLAAs for CoC renewals should be based 
on the CLB for the cask. The commenter described the CLB for the cask 
as the ``original regulatory framework (i.e., the regulations, review 
guidance, and the associated SER(s)) under which the cask design, 
including amendments, was approved, plus any mandated or voluntary 
changes applied thereafter, as tracked by the CoC holder and discussed 
in the cask FSAR.'' The commenter requested that the NRC clarify that 
at the time of renewal, the TLAAs do not have to adopt the latest 
regulatory framework unless that is part of the cask's CLB.
Response
    The amendments to this final rule do not include a definition for 
CLB. The cask designs approved, both initially and for renewal, under 
the provisions of subpart L of part 72 are generic in nature. The CLB 
is appropriate for site specific licensing actions, not generic cask 
designs.
    The certificate holder must submit the TLAA when it applies for 
renewal of a given CoC (for a CoC renewal that encompasses CoC 
amendments that each may have different design basis, the certificate 
holder will have to address how the TLAA applies to each CoC amendment 
covered by the CoC). The TLAA is an implicit part of any new storage 
canister evaluation even though it is not explicitly identified in the 
existing regulations. This may be illustrated by consideration of 
operationally induced degradation. Specifically, applicants must 
consider operationally induced degradation and its effects as part of 
the new design engineering process. Such an evaluation becomes part of 
the applicants' demonstration that a new cask design will perform as 
specified throughout its initial license period.
    For a renewal, the applicant bears the same burden of showing that 
the materials of construction (or components) will perform as required 
during the extended operational period. This extended operational life 
may not have been addressed in the original design consideration. 
Consequently, TLAAs (and other issues) were explicitly identified in 
the proposed regulations. The evaluation effort for renewal shifts its 
focus from material selection, as would be the case for a new design 
certification, to existing material condition/degradation assessment. 
The NRC staff determined that this subtle but important distinction be 
clearly identified.
Comment 22
    A commenter requested that the NRC clarify what is meant by the 
term ``site aging issues,'' as stated in Section II, ``Discussion,'' 
Question ``AA'' of the proposed rule. The commenter stated that CoC 
holders should identify the cask design features that are subject to 
age-related degradation and address them in a bounding manner for use 
of a cask beyond the initial CoC term. The commenter suggested that 
cask users review the CoC holder's aging analysis and perform their own 
analyses to supplement or supersede the CoC holder's generic analysis.
Response
    To clarify the NRC's intent, the statement in the response to 
Section II, ``Discussion,'' Question ``AA'' of the proposed rule should 
have read: ``Site specific aging issues'' rather than ``site aging 
issues.'' The NRC asked whether the requirement for an AMP for CoC 
renewals should fully address possible aging issues related to a 
general licensee's specific site (e.g., different environmental 
conditions).
    The NRC agrees with the comment that CoC holders should identify 
the cask design features that are subject to age-related degradation 
and address them in a bounding manner for use of a cask beyond the 
initial CoC term. The NRC further agrees that general licensees should 
review the CoC holder's aging analysis and perform their own analyses 
to supplement or impose upon themselves a more restrictive analysis, 
but they cannot supersede the CoC holder's analysis. Therefore, the 
general licensees' analyses would address possible aging issues at 
their sites.
    Question ``AA'' is not included in the SOC of this final rule 
because it was intended only to solicit comments on the particular 
items identified.
Comment 23
    A commenter stated that AMP requirements, aging analyses, and other 
technical documents should be evaluated for a 20-year license renewal 
term instead of the proposed 40-year license renewal term.
Response
    The basis for the NRC to increase specific ISFSI license terms from 
not to exceed 20 years to not to exceed 40 years is discussed in 
Question ``C'' of the ``Discussion'' section of the proposed rule. The 
NRC staff concluded that, with appropriate aging management and 
maintenance programs, license terms up to 40 years are reasonable and 
provide adequate protection of public health and safety.

General Comments Regarding Spent Fuel Storage

Comment 24
    A commenter disagreed with the proposed rule's allowance for 
unlimited specific license renewals. The commenter expressed concern 
that the ``indefinite nature of the length of time'' the NRC describes 
for storage at an ISFSI could create a ``national landscape of ISFSIs'' 
at decommissioned sites. The commenter added that indefinite storage of 
fuel at ISFSIs is in conflict with ``the Commission's long held policy 
that it

[[Page 8885]]

`does not intend to support storage of spent fuel for an indefinitely 
long period.' '' The commenter also suggested that the NRC clearly 
state this policy in the Supplemental Information of the final rule 
document so that the ``Commission's intent is clear and consistent 
across its regulatory landscape, including its Waste Confidence 
decision.'' The commenter stated that since 1998, the ``federal 
government has had the obligation, by contract, to remove spent fuel 
and greater than class C waste from'' nuclear power plant sites. The 
commenter urged the NRC to maintain its expectation ``that these sites 
and future like sites not proliferate and linger as de facto long-term 
storage facilities.''
Response
    Please see the response to Comment 3.
Comment 25
    A commenter agreed with the NRC that, with appropriate aging 
management and maintenance programs, 40-year licenses ``are reasonable 
and protect public health and safety and the environment.''
Response
    The NRC acknowledges the commenter's support for the not to exceed 
40-year license terms.

Environmental Review

Comment 26
    A commenter stated that it is unclear how the requirements of the 
National Environmental Policy Act (NEPA) will be met. The commenter 
asked if licensees are required to submit an environmental report with 
their 40-year license renewal. The commenter concluded that license 
renewals should include a public environmental review process, such as 
a draft environmental assessment posted for public comment.
Response
    The NRC implements its obligations under NEPA through its 
regulations in 10 CFR part 51. When a licensee applies for the renewal 
of a specific ISFSI license, the licensee is required to submit an 
environmental report under Sec.  51.60(b)(1)(iii).
    Under Sec. Sec.  51.26, 51.27, 51.28, 51.29, 51.73 and 51.74, if 
the NRC prepares an environmental impact statement (EIS), the most 
comprehensive of the NEPA analyses, public participation would be 
required (the above provisions concern publication of a notice of 
intent, scoping, a request for comments on the draft EIS, and 
distribution of the draft EIS). If the NRC staff does not prepare an 
EIS, as determined by NRC staff's environmental assessment (EA), it 
will issue a finding of no significant impact (FONSI). The NRC may 
issue the FONSI in draft form, which will include a request for public 
comments (Sec.  51.33). Issuing a draft FONSI is discretionary with the 
NRC. After a FONSI is finalized, it must be published in the Federal 
Register (Sec.  51.35).

Miscellaneous Items and Rule Language Revisions

Comment 27
    A commenter stated that, contrary to the first sentence of Section 
II, ``Discussion,'' Question ``K'' of the proposed rule, the current 
regulations do not require general licensees to maintain or submit a 
cask loading schedule to the NRC. The commenter requested that the NRC 
delete this language or revise the wording.
Response
    The intent of the response to Question ``K'' of the proposed rule 
was to inform readers that general licensees keep track of loading and 
expiration dates of each loaded cask. The NRC understands, however, 
that this is not an express regulatory requirement. As such, the NRC 
has rephrased Question ``K'' to ask how the NRC tracks cask expiration 
dates and has made clarifying changes to the response to Question 
``K.'' The registration letters required by the regulations, as amended 
by this final rule, provide the NRC with the requisite information to 
track cask expiration dates.
Comment 28
    A commenter suggested that in Section II, ``Discussion,'' Question 
``T'' of the proposed rule, the regulation should include a provision 
to permit licensees with existing Sec.  72.212 reports to maintain the 
current regulatory numbering system and not have to revise these 
reports to reflect the redesignated sections within the proposed 
regulation.
Response
    The NRC disagrees with the comment that a provision be added to the 
regulations. There is no requirement to revise past Sec.  72.212 
reports to reflect the redesignation of provisions in Sec.  72.212(b) 
resulting from the amendments of this final rule. Past Sec.  72.212 
reports can remain formatted to the regulation that was in effect at 
the time the report was written. Section 72.212 reports written after 
the effective date of this final rule must conform to the 
redesignations in the final rule.
Comment 29
    A commenter stated that the phrase ``no later than 30 days after 
using (loading) that cask'' in Section II, ``Discussion,'' Question 
``U'' of the proposed rule and Sec.  72.212(b)(2) is too vague. The 
commenter suggested replacing the above language with the following: 
``placing the cask in storage at the ISFSI'' to clearly establish a 
start date.
Response
    In response to the commenter, the NRC is not going to change the 
rule text; this rule language has been in effect since 1990 without any 
controversy. Rather, the NRC is clarifying its response to Question 
``U'' of this document by removing the term ``loading'' from the 
response. It is the NRC's position that the 30-day clock starts when 
the loaded cask has been deployed in the ISFSI.
Comment 30
    A commenter stated that the phrase ``casks of that design'' as used 
in Sec.  72.212(a)(3) is unclear. The commenter recommended that the 
phrase be clarified or revised to be consistent with the language used 
earlier in the section, ``cask[s] fabricated under a Certificate of 
Compliance.'' The commenter added that if the same meaning is not 
intended, then the NRC should define the two phrases in Sec.  72.3.
Response
    The NRC agrees with the comment that the terminology in Sec.  
72.212(a)(3) is not consistent; the NRC intended for the meaning to be 
the same in both instances. The NRC has revised Sec.  72.212(a)(3) and 
it no longer contains the phrase ``casks of that design.''
Comment 31
    A commenter asked whether ``cask user or user's representative,'' 
as used in Sec.  72.212(a)(3), is equivalent to the term ``any 
licensee,'' as used in Sec.  72.240(a). The commenter concluded that if 
these terms are equivalent, then the NRC should use the same term in 
both sections of the rule.
Response
    The final rule makes several revisions to Sec.  72.212(a)(3), 
including deletion of the language referring to ``any cask user or 
user's representative.'' The NRC staff concluded that this language was 
redundant of the language in Sec.  72.240(a). This final rule also 
revises Sec.  72.240(a) to allow a licensee, a licensee's 
representative, or another certificate holder to apply for a cask 
renewal in the event that the original

[[Page 8886]]

certificate holder is either no longer in business or chooses not to 
apply for renewal of the cask.
Comment 32
    A commenter requested that in Sec.  72.212(b)(8), the NRC change 
``Sec.  50.59(c)(2)'' to ``Sec.  50.59(c).'' The commenter suggested 
that the review of cask storage activities may require a full 
evaluation under Sec.  50.59, which includes Sec.  50.59(c)(1).
Response
    The NRC agrees with the comment. Section 72.212(b)(8) has been 
changed accordingly.
Comment 33
    A commenter asked whether the phrase ``a new protected area'' in 
section Sec.  72.212(b)(9)(iii) only applies to an ISFSI located 
outside a nuclear power plant's protected area. The commenter requested 
that the NRC clarify this phrase.
Response
    The phrase ``a new protected area'' in Sec.  72.212(b)(9)(iii) 
applies only to an ISFSI that is physically separate from a reactor's 
protected area. As a further point of clarification, all references to 
``new protected area(s)'' in Sec.  72.212(b)(9) apply only to an ISFSI 
physically separate from a reactor's protected area. The NRC notes that 
the phrase ``new protected area'' has been part of the regulatory 
language after the rule was promulgated in 1990. The intent of this 
final rule is only to renumber Sec.  72.212(b)(5)(iii) to Sec.  
72.212(b)(9)(iii). As additional background, the March 27, 2009, power 
reactor security rule (74 FR 13926, 13970) revised Sec.  
72.212(b)(5)(iii) to update the cross reference to the applicable part 
73 section and add the word ``personnel'' before the word ``searches.''
Comment 34
    A commenter stated that Sec.  72.212(b)(12) uses the terms ``cask 
supplier'' and ``cask vendor.'' The commenter suggested that these 
terms are inconsistent with the term ``CoC holder,'' which the NRC uses 
elsewhere in the proposed rule. The commenter concluded that the 
terminology should be consistent throughout the rule.
Response
    The NRC agrees with the comment that the terminology should be 
consistent. Therefore, the NRC has replaced the terms ``cask supplier'' 
and ``cask vendor'' in Sec.  72.212(b)(12) with the term ``CoC 
holder.''

IV. Discussion of Final Amendments by Section

1. Section 72.3, Definitions

    The final rule adds definitions for ``Aging management program,'' 
``Term certified by the cask's Certificate of Compliance,'' and ``Time-
limited aging analyses.''

2. Section 72.24, Contents of application; Technical information

    The amendment to Sec.  72.24(c) requires applicants seeking initial 
specific licenses or specific licensees seeking renewals to demonstrate 
in sufficient detail that the design of the ISFSI or monitored 
retrievable storage installation (MRS) is capable of performing the 
intended functions for the term requested in the application.

3. Section 72.42, Duration of license; renewal

    The amendment to Sec.  72.42(a) extends the term for both an 
initial specific license and a license renewal from a term of not to 
exceed 20 years to a term not to exceed 40 years. The final rule also 
adds a requirement that specific licensees seeking renewals submit a 
TLAA and a description of the AMP. Any license renewal application will 
be required to include an analysis that considers the effects of aging 
on SSCs important to safety for the requested renewal term.
    The amendment to Sec.  72.42(b) requires license renewal 
applications to include design bases information as documented in the 
most recently updated FSAR, as required by Sec.  72.70.

4. Section 72.212, Conditions of general license issued under Sec.  
72.210

    The final rule makes several changes to Sec.  72.212. The final 
rule revises Sec.  72.212(a)(3) to clarify the term of the general 
license and to match the term of the general license to the term of the 
applicable CoC. The final rule amendment also clarifies that the term 
of the general license runs through any renewal periods, unless 
otherwise specified in the CoC. In addition, the final rule also amends 
Sec.  72.212(a)(3) to clarify the general license term for those casks 
placed into service during the final renewal term of a CoC or during 
the term of a CoC that was not renewed. The final rule amendment also 
states that, upon expiration of the general license, all casks subject 
to that general license must be removed from service.
    The final rule amends Sec.  72.212(b) by redesignating and 
reorganizing the provisions of that section. The following table cross 
references the amended regulations with the regulations in effect 
immediately prior to the effective date of this final rule. Use of 
``modified'' in Table 1 refers to a section whose content has been 
modified. Remaining table entries are either new provisions or 
provisions that have been redesignated but whose content is unchanged.

  Table 1--Cross Reference of Final Regulations With Prior Regulations
------------------------------------------------------------------------
          Final rule                           Prior rule
------------------------------------------------------------------------
Sec.   72.212(b)(1)..........  Sec.   72.212(b)(1)(i).
Sec.   72.212(b)(2)..........  Sec.   72.212(b)(1)(ii) (modified).
Sec.   72.212(b)(3)..........  New section not in prior rule.
Sec.   72.212(b)(4)..........  New section not in prior rule.
Sec.   72.212(b)(5)..........  Sec.   72.212(b)(2)(i) (modified).
Sec.   72.212(b)(5)(i).......  Sec.   72.212(b)(2)(i)(A).
Sec.   72.212(b)(5)(ii)......  Sec.   72.212(b)(2)(i)(B).
Sec.   72.212(b)(5)(iii).....  Sec.   72.212(b)(2)(i)(C).
Sec.   72.212(b)(6)..........  Sec.   72.212(b)(3) (modified).
Sec.   72.212(b)(7)..........  Sec.   72.212(b)(2)(ii) (modified).
Sec.   72.212(b)(8)..........  Sec.   72.212(b)(4) (modified).
Sec.   72.212(b)(9)..........  Sec.   72.212(b)(5).
Sec.   72.212(b)(9)(i).......  Sec.   72.212(b)(5)(i).
Sec.   72.212(b)(9)(ii)......  Sec.   72.212(b)(5)(ii).
Sec.   72.212(b)(9)(iii).....  Sec.   72.212(b)(5)(iii).
Sec.   72.212(b)(9)(iv)......  Sec.   72.212(b)(5)(iv).
Sec.   72.212(b)(9)(v).......  Sec.   72.212(b)(5)(v).

[[Page 8887]]

 
Sec.   72.212(b)(9)(vi)......  Sec.   72.212(b)(5)(vi).
Sec.   72.212(b)(10).........  Sec.   72.212(b)(6).
Sec.   72.212(b)(11).........  Sec.   72.212(b)(7) (modified).
Sec.   72.212(b)(12).........  Sec.   72.212(b)(8)(i).
Sec.   72.212(b)(12)(i)......  Sec.   72.212(b)(8)(i)(A).
Sec.   72.212(b)(12)(ii).....  Sec.   72.212(b)(8)(i)(B).
Sec.   72.212(b)(12)(iii)....  Sec.   72.212(b)(8)(i)(C).
Sec.   72.212(b)(13).........  Sec.   72.212(b)(9).
Sec.   72.212(b)(14).........  Sec.   72.212(b)(10).
Sec.   72.212(c).............  Sec.   72.212(b)(8)(ii) (modified).
Sec.   72.212(d).............  Sec.   72.212(b)(8)(iii) (modified).
Sec.   72.212(e).............  Sec.   72.212(b)(1)(iii).
------------------------------------------------------------------------

    The final rule redesignates current Sec.  72.212(b)(1)(i) as Sec.  
72.212(b)(1) and makes minor editorial changes to this provision.
    The final rule redesignates current Sec.  72.212(b)(1)(ii) as Sec.  
72.212(b)(2) and further revises the provision to add a requirement 
that general licensees, when registering a cask no later than 30 days 
after loading, include the CoC amendment number, if applicable.
    The final rule adds a new provision, Sec.  72.212(b)(3), that 
requires general licensees to ensure that each cask used by the general 
licensee conforms to the terms, conditions, and specifications of a CoC 
or an amended CoC listed in Sec.  72.214. Partial or selective 
application of the terms, conditions, and specifications of a CoC or an 
amended CoC, without prior NRC approval, may result in a cask that is 
in an unanalyzed condition and is therefore, prohibited.
    The final rule adds a new provision, Sec.  72.212(b)(4), that 
requires general licensees to register those previously loaded casks no 
later than 30 days after applying the changes authorized by an amended 
CoC.
    The final rule revises Sec.  72.212(b)(2)(i) by requiring general 
licensees to prepare written evaluations before applying the changes 
authorized by an amended CoC to a previously loaded cask. Thus, the 
revised rule requires a written evaluation before loading the cask with 
spent fuel and an additional written evaluation before any changes 
authorized by a CoC amendment are applied to a previously loaded cask. 
The final rule redesignates current Sec.  72.212(b)(2)(i) as Sec.  
72.212(b)(5).
    The final rule revises Sec.  72.212(b)(2)(i) to state that the 
written evaluation must establish that the cask, once loaded with spent 
fuel or after changes authorized by an amended CoC have been applied, 
will conform to the terms, conditions, and specifications of a CoC or 
amended CoC listed in Sec.  72.214, and redesignates current Sec.  
72.212(b)(2)(i)(A) as Sec.  72.212(b)(5)(i). The final rule 
redesignates current Sec. Sec.  72.212(b)(2)(i)(B) and (C) as 
Sec. Sec.  72.212(b)(5)(ii) and (iii), respectively.
    The final rule redesignates current Sec.  72.212(b)(3) as Sec.  
72.212(b)(6) and revises this provision to add a reference to an 
amended CoC and to update the cross-reference to paragraph (b)(5).
    The final rule redesignates current Sec.  72.212(b)(2)(ii) as Sec.  
72.212(b)(7) and revises this provision to add a requirement to 
evaluate any changes to the site parameters determination and analyses 
required by Sec.  72.212(b)(6), using the requirements of Sec.  72.48.
    The final rule redesignates current Sec.  72.212(b)(4) as Sec.  
72.212(b)(8).
    The final rule revises current Sec.  72.212(b)(5) to reflect 
changes made by the final rulemakings dated October 24, 2008, and March 
27, 2009, and redesignates current Sec. Sec.  72.212(b)(5) and (b)(6) 
as Sec. Sec.  72.212(b)(9) and (b)(10), respectively (see ``Note on 
October 24, 2008, and March 27, 2009, Final Rule Revisions to Sec.  
72.212(b)(5), and Redesignation of Sec.  72.212(b)(5) to Sec.  
72.212(b)(9)'' at the end of this Section IV, below).
    The final rule redesignates current Sec.  72.212(b)(7) as Sec.  
72.212(b)(11) and revises this provision to add references to an 
amended CoC. The final rule also adds language to clarify that a 
licensee must comply with the technical specifications of the CoC, in 
addition to the terms and conditions of the CoC. Further, the revised 
language requires the licensee to comply with the terms, conditions, 
and specifications of the amended CoC for those casks to which the 
licensee has applied the changes of an amended CoC. The revised 
language further provides that licensees must also comply with the 
requirements of any AMP put into effect as a condition of the NRC 
approving a CoC renewal application.
    The final rule redesignates current Sec. Sec.  72.212(b)(8)(i), 
(b)(9), and (b)(10) as Sec. Sec.  72.212(b)(12), (b)(13), and (b)(14), 
respectively.
    The final rule redesignates current Sec. Sec.  72.212(b)(8)(ii), 
(b)(8)(iii), and 72.212(b)(1)(iii) as Sec. Sec.  72.212(c), (d), and 
(e), respectively, and makes conforming cross-reference changes.

5. Section 72.230, Procedures for spent fuel storage cask submittals

    The final rule revises Sec.  72.230(b) by adding language that 
establishes the term for a period not to exceed 40 years. The final 
rule further amends Sec.  72.230(b) by replacing the words ``for a 
period of at least 20 years'' with ``the term proposed in the 
application.''

6. Section 72.236, Specific requirements for spent fuel storage cask 
approval and fabrication

    The final rule revises Sec.  72.236(g) by adding language that 
requires spent fuel storage casks to be designed to store spent fuel 
safely for the term proposed in the application, eliminating the 
current language that requires the cask design to store spent fuel 
safely for a minimum of 20 years.

7. Section 72.238, Issuance of an NRC Certificate of Compliance

    The final rule revises Sec.  72.238 by adding language that 
establishes the term for a CoC to be ``not to exceed 40 years.''

8. Section 72.240, Conditions for spent fuel storage cask renewal

    The final rule revises the heading of Sec.  72.240 and the language 
of Sec. Sec.  72.240(a), (b), and (d) by replacing the word 
``reapproval'' with ``renewal.'' The final rule further revises Sec.  
72.240(a) to establish that the CoC renewal term shall be ``not to 
exceed 40 years.'' The final rule also revises Sec.  72.240(a) to 
clarify that in the event that a certificate holder does not apply for 
a CoC renewal, any general licensee that uses this cask model under the 
general license issued under Sec.  72.210, any licensee's 
representative, or another

[[Page 8888]]

certificate holder may apply for renewal of the CoC.
    The final rule adds a new Sec.  72.240(c) to require the safety 
analysis report accompanying the renewal application to include design 
bases information as documented in the most recently updated FSAR, a 
TLAA of SSCs important to safety, and a description of the program for 
management of issues associated with aging that could adversely affect 
structures, systems, and components important to safety. The final rule 
redesignates Sec.  72.240(c) as Sec.  72.240(d) and revises this 
provision to add a requirement that any CoC renewal application must 
demonstrate compliance with the QA provisions of subpart G of part 72. 
The final rule also revises the last sentence of the provision to 
improve its readability.
    The final rule adds a new Sec.  72.240(e) that states the NRC may, 
as part of the approval of a CoC renewal application, revise the terms, 
conditions, and specifications of the CoC to require that the licensee 
implement an AMP.
    Note on October 24, 2008, and March 27, 2009, Final Rule Revisions 
to Sec.  72.212(b)(5), and Redesignation of Sec.  72.212(b)(5) to Sec.  
72.212(b)(9):
    This final rule redesignates Sec.  72.212(b)(5) as Sec.  
72.212(b)(9). On October 24, 2008 (73 FR 63545, 63573), the NRC issued 
a final rule, ``Protection of Safeguards Information,'' that revised 
Sec.  72.212 by adding a new Sec.  72.212(b)(5)(v) and redesignated the 
existing Sec.  72.212(b)(5)(v) as Sec.  72.212(b)(5)(vi). The new Sec.  
72.212(b)(5)(v) added language requiring a general licensee to 
``protect Safeguards Information against unauthorized disclosure in 
accordance with the requirements of Sec.  73.21 and the requirements of 
Sec.  73.22 or Sec.  73.23 of this chapter, as applicable.'' The 
redesignated Sec.  72.212(b)(5)(vi) was otherwise unchanged and 
continued to require ``for the purpose of this general license, the 
licensee is exempt from Sec. Sec.  73.55(h)(4)(iii)(A) and 73.55(h)(5) 
of this chapter.'' These two cross referenced paragraphs dealt with 
reactor security requirements to (1) neutralize threats by interposing 
armed security personnel between the adversaries and reactor vital 
areas and (2) use force to prevent or impede attempted acts of theft of 
special nuclear material or radiological sabotage; and the NRC has 
historically not applied these requirements to ISFSI general licensees.
    On March 27, 2009 (74 FR 13925, 13970), the NRC published a final 
rule, ``Power Reactor Security Requirements,'' which included a 
conforming change to the security requirements contained in Sec.  
72.212(b)(5)(ii)-(v). The changes to Sec.  72.212(b)(5)(ii)-(v) in the 
March 2009 final rule were intended to clarify these regulations to 
better use plain language and to update the exemption cross references 
to the reactor security regulations contained in Sec.  73.55, due to 
the extensive revision of Sec.  73.55.
    In the March 2009 final rule, the NRC revised Sec.  72.212(b)(5)(v) 
to update the exemption language to read ``[f]or the purpose of this 
general license, the licensee is exempt from requirements to interdict 
and neutralize threats in Sec.  73.55 of this chapter.'' However, the 
amendatory language in the 2009 final rule (74 FR 13970, Item 8) which 
read ``[i]n Sec.  72.212, paragraphs (b)(5)(ii), (b)(5)(iii), 
(b)(5)(iv), and (b)(5)(v) are revised to read as follows:'' should 
instead have read ``[i]n Sec.  72.212, paragraphs (b)(5)(ii), 
(b)(5)(iii), (b)(5)(iv), and (b)(5)(vi) are revised to read as 
follows:'' (emphasis added). Consequently, the NRC staff in developing 
the March 2009 final rule both (1) unintentionally eliminated language 
that had been added by the Commission in the October 2008 final rule 
that required general ISFSI licensees to protect Safeguards 
Information; and (2) unintentionally retained the incorrect exemption 
language in Sec.  72.212(b)(5)(vi) (referring to Sec. Sec.  
73.55(h)(4)(iii)(A) and 73.55(h)(5)). The provision designated as Sec.  
72.212(b)(5)(v) by the March 2009 final rule was intended to replace 
Sec.  72.212(b)(5)(vi), but did not accomplish that because of the 
above described mistake in the amendatory language.
    Accordingly, to correct these errors, this final rule removes Sec.  
72.212(b)(5)(vi) (which was put in place by the October 24, 2008, final 
rule) and reinstates the provision added by the October 24, 2008, rule 
and then deleted by the March 27, 2009, rule, as a new Sec.  
72.212(b)(9)(vi). The remaining provisions of Sec.  72.212(b)(5) are 
redesignated from Sec.  72.212(b)(5)(i)-(v) to Sec.  72.212(b)(9)(i)-
(v).

V. Criminal Penalties

    For the purpose of Section 223 of the Atomic Energy Act (AEA), the 
Commission is amending 10 CFR part 72 under one or more of Sections 
161b, 161i, or 161o of the AEA. Willful violations of the rule would be 
subject to criminal enforcement.

VI. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register (62 FR 46517; September 3, 1997), 
this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the AEA, as amended, or the 
provisions of Title 10 of the CFR. Although an Agreement State may not 
adopt program elements reserved to NRC, it may wish to inform its 
licensees of certain requirements via a mechanism that is consistent 
with the particular State's administrative procedure laws but does not 
confer regulatory authority on the State.

VII. Voluntary Consensus Standards

    The National Technology Transfer 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 
using such a standard is inconsistent with applicable law or otherwise 
impractical. In this final rule, the NRC is clarifying the terms for 
spent fuel storage cask designs, or CoCs, and ISFSI licenses. In 
addition, the final action also allows part 72 general licensees to 
implement changes authorized by an amended CoC to a cask loaded under 
the initial CoC or an earlier amended CoC (a ``previously loaded 
cask''). This action does not constitute the establishment of a 
standard that establishes generally applicable requirements. For this 
reason, the NRC concludes that the Act does not apply to this final 
rule.

VIII. Finding of No Significant Environmental Impact: Availability

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
subpart A of 10 CFR part 51, not to prepare an environmental impact 
statement for this final rule because the Commission has concluded on 
the basis of an environmental assessment that this final rule would not 
be a major Federal action significantly affecting the quality of the 
human environment. The NRC has prepared an environmental assessment 
and, on the basis of this environmental assessment, has made a finding 
of no significant impact. The amendments are procedural in nature 
whereby extended license and CoC terms and the implementation of CoC 
amendments to previously loaded casks could be achieved by exemptions 
under the current regulations. They will not have a significant 
incremental effect on the environment. Therefore, the NRC has 
determined that an environmental

[[Page 8889]]

impact statement is not necessary for this rulemaking.
    The determination of this environmental assessment is that there 
will be no significant impact to the public from this action.
    This conclusion was published in the environmental assessment that 
was made available for comment for 75 days after publication of the 
proposed rule at the NRC Public Document Room, Room O1-F21, 11555 
Rockville Pike, Rockville, MD 20852. No comments were received on the 
content of the environmental assessment. The environmental assessment 
is also available in ADAMS, accession number ML100710441.

IX. Paperwork Reduction Act Statement

    This rule contains new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). These requirements were approved by the 
Office of Management and Budget, control number 3150-0132. The burden 
to the public for these information collections is estimated to average 
-0.33 hours per response (or a reduction of approximately 1 hour for 
every three responses).
    Send comments on any aspect of these information collections, 
including suggestions for reducing the burden, to the Information 
Services Branch (T-5 F52), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, or by Internet electronic mail to 
<a href="/cdn-cgi/l/email-protection#bcf5d2dad3dfd3d0d0d9dfc8cf92eed9cfd3c9cedfd9fcf2eeff92dbd3ca"><span class="__cf_email__" data-cfemail="236a4d454c404c4f4f464057500d7146504c56514046636d71600d444c55">[email protected]</span></a> and to the Desk Officer, Christine Kymn, 
Office of Information and Regulatory Affairs, NEOB-10202, (3150-0132), 
Office of Management and Budget, Washington, DC 20503. You may also e-
mail comments to <a href="/cdn-cgi/l/email-protection#b3f0dbc1dac0c7daddd6ecf9ecf8cadeddf3dcded19dd6dcc39dd4dcc5"><span class="__cf_email__" data-cfemail="33705b415a40475a5d566c796c784a5e5d735c5e511d565c431d545c45">[email protected]</span></a> or comment by telephone 
at 202-395-4638.

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 
OMB control number.

X. Regulatory Analysis

    The Commission has prepared a regulatory analysis on this 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the Commission. The analysis is available in 
the NRC Public Document Room, Room O1-F21, 11555 Rockville Pike, 
Rockville, MD 20852, and in ADAMS, Accession Number ML100710139. As 
part of the proposed rule, the NRC sought public comments on the draft 
regulatory analysis. The NRC did not receive any comments that 
addressed the regulatory analysis.

XI. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
Commission certifies that this rule does not have a significant 
economic impact on a substantial number of small entities. The majority 
of companies that own these plants 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 (10 CFR 
2.810).

XII. Backfit Analysis

    The NRC has determined that the backfit rule (Sec. Sec.  50.109, 
72.62, and the finality provisions of 10 CFR part 52) does not apply to 
this final rule because these amendments do not involve any provisions 
that would impose backfits as defined in 10 CFR chapter I. These 
amendments do not require the addition, elimination, or modification of 
structures, systems, or components of an ISFSI or of the procedures or 
organization required to operate an ISFSI. Therefore, a backfit 
analysis is not required.

XIII. Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 
OMB.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Nuclear 
materials, Occupational safety and health, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, Whistle blowing.

    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: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
2. In Sec.  72.3, definitions for AMP, Term certified by the cask's 
Certificate of Compliance, and TLAAs are added in alphabetical order to 
read as follows:


Sec.  72.3  Definitions.

* * * * *
    AMP, for the purposes of this part, means a program for addressing 
aging effects that may include prevention, mitigation, condition 
monitoring, and performance monitoring.
* * * * *
    Term certified by the cask's Certificate of Compliance, for the 
purposes of this part, means, for an initial CoC, the period of time 
commencing with the CoC effective date and ending with the CoC 
expiration date, and for a renewed CoC, the period of time commencing 
with the most recent CoC renewal date and ending with the CoC 
expiration date.

[[Page 8890]]

    TLAAs, for the purposes of this part, means those licensee or 
certificate holder calculations and analyses that:
    (1) Involve structures, systems, and components important to safety 
within the scope of the license renewal, as delineated in subpart F of 
this part, or within the scope of the spent fuel storage certificate 
renewal, as delineated in subpart L of this part, respectively;
    (2) Consider the effects of aging;
    (3) Involve time-limited assumptions defined by the current 
operating term, for example, 40 years;
    (4) Were determined to be relevant by the licensee or certificate 
holder in making a safety determination;
    (5) Involve conclusions or provide the basis for conclusions 
related to the capability of structures, systems, and components to 
perform their intended safety functions; and
    (6) Are contained or incorporated by reference in the design bases.

0
3. In Sec.  72.24, revise the introductory text of paragraph (c) to 
read as follows:


Sec.  72.24  Contents of application: Technical information.

* * * * *
    (c) The design of the ISFSI or MRS in sufficient detail to support 
the findings in Sec.  72.40 for the term requested in the application, 
including:
* * * * *

0
4. In Sec.  72.42, revise paragraphs (a) and (b) to read as follows:


Sec.  72.42  Duration of license; renewal.

    (a) Each license issued under this part must be for a fixed period 
of time to be specified in the license. The license term for an ISFSI 
must not exceed 40 years from the date of issuance. The license term 
for an MRS must not exceed 40 years from the date of issuance. Licenses 
for either type of installation may be renewed by the Commission at the 
expiration of the license term upon application by the licensee for a 
period not to exceed 40 years and under the requirements of this rule. 
Application for ISFSI license renewals must include the following:
    (1) TLAAs that demonstrate that structures, systems, and components 
important to safety will continue to perform their intended function 
for the requested period of extended operation; and
    (2) A description of the AMP for management of issues associated 
with aging that could adversely affect structures, systems, and 
components important to safety.
    (b) Applications for renewal of a license should be filed in 
accordance with the applicable provisions of subpart B of this part at 
least 2 years before the expiration of the existing license. The 
application must also include design bases information as documented in 
the most recently updated FSAR as required by Sec.  72.70. Information 
contained in previous applications, statements, or reports filed with 
the Commission under the license may be incorporated by reference 
provided that these references are clear and specific.
* * * * *
    5. In Sec.  72.212, revise paragraphs (a)(3) and (b) and add 
paragraphs (c), (d), and (e) to read as follows:


Sec.  72.212  Conditions of general license issued under Sec.  72.210.

    (a) * * *
    (3) The general license for the storage of spent fuel in each cask 
fabricated under a Certificate of Compliance shall commence upon the 
date that the particular cask is first used by the general licensee to 
store spent fuel, shall continue through any renewals of the 
Certificate of Compliance, unless otherwise specified in the 
Certificate of Compliance, and shall terminate when the cask's 
Certificate of Compliance expires. For any cask placed into service 
during the final renewal term of a Certificate of Compliance, or during 
the term of a Certificate of Compliance that was not renewed, the 
general license for that cask shall terminate after a storage period 
not to exceed the length of the term certified by the cask's 
Certificate of Compliance. Upon expiration of the general license, all 
casks subject to that general license must be removed from service.
    (b) The general licensee must:
    (1) Notify the Nuclear Regulatory Commission using instructions in 
Sec.  72.4 at least 90 days before first storage of spent fuel under 
this general license. The notice may be in the form of a letter, but 
must contain the licensee's name, address, reactor license and docket 
numbers, and the name and means of contacting a person responsible for 
providing additional information concerning spent fuel under this 
general license. A copy of the submittal must be sent to the 
administrator of the appropriate Nuclear Regulatory Commission regional 
office listed in appendix D to part 20 of this chapter.
    (2) Register use of each cask with the Nuclear Regulatory 
Commission no later than 30 days after using that cask to store spent 
fuel. This registration may be accomplished by submitting a letter 
using instructions in Sec.  72.4 containing the following information: 
the licensee's name and address, the licensee's reactor license and 
docket numbers, the name and title of a person responsible for 
providing additional information concerning spent fuel storage under 
this general license, the cask certificate number, the CoC amendment 
number to which the cask conforms, unless loaded under the initial 
certificate, cask model number, and the cask identification number. A 
copy of each submittal must be sent to the administrator of the 
appropriate Nuclear Regulatory Commission regional office listed in 
appendix D to part 20 of this chapter.
    (3) Ensure that each cask used by the general licensee conforms to 
the terms, conditions, and specifications of a CoC or an amended CoC 
listed in Sec.  72.214.
    (4) In applying the changes authorized by an amended CoC to a cask 
loaded under the initial CoC or an earlier amended CoC, register each 
such cask with the Nuclear Regulatory Commission no later than 30 days 
after applying the changes authorized by the amended CoC. This 
registration may be accomplished by submitting a letter using 
instructions in Sec.  72.4 containing the following information: the 
licensee's name and address, the licensee's reactor license and docket 
numbers, the name and title of a person responsible for providing 
additional information concerning spent fuel storage under this general 
license, the cask certificate number, the CoC amendment number to which 
the cask conforms, cask model number, and the cask identification 
number. A copy of each submittal must be sent to the administrator of 
the appropriate Nuclear Regulatory Commission regional office listed in 
appendix D to part 20 of this chapter.
    (5) Perform written evaluations, before use and before applying the 
changes authorized by an amended CoC to a cask loaded under the initial 
CoC or an earlier amended CoC, which establish that:
    (i) The cask, once loaded with spent fuel or once the changes 
authorized by an amended CoC have been applied, will conform to the 
terms, conditions, and specifications of a CoC or an amended CoC listed 
in Sec.  72.214;
    (ii) Cask storage pads and areas have been designed to adequately 
support the static and dynamic loads of the stored casks, considering 
potential amplification of earthquakes through soil-structure 
interaction, and soil liquefaction potential or other soil instability 
due to vibratory ground motion; and
    (iii) The requirements of Sec.  72.104 have been met. A copy of 
this record shall be retained until spent fuel is no longer stored 
under the general license issued under Sec.  72.210.

[[Page 8891]]

    (6) Review the Safety Analysis Report referenced in the CoC or 
amended CoC and the related NRC Safety Evaluation Report, prior to use 
of the general license, to determine whether or not the reactor site 
parameters, including analyses of earthquake intensity and tornado 
missiles, are enveloped by the cask design bases considered in these 
reports. The results of this review must be documented in the 
evaluation made in paragraph (b)(5) of this section.
    (7) Evaluate any changes to the written evaluations required by 
paragraphs (b)(5) and (b)(6) of this section using the requirements of 
Sec.  72.48(c). A copy of this record shall be retained until spent 
fuel is no longer stored under the general license issued under Sec.  
72.210.
    (8) Before use of the general license, determine whether activities 
related to storage of spent fuel under this general license involve a 
change in the facility Technical Specifications or require a license 
amendment for the facility pursuant to Sec.  50.59(c) of this chapter. 
Results of this determination must be documented in the evaluations 
made in paragraph (b)(5) of this section.
    (9) Protect the spent fuel against the design basis threat of 
radiological sabotage in accordance with the same provisions and 
requirements as are set forth in the licensee's physical security plan 
pursuant to Sec.  73.55 of this chapter with the following additional 
conditions and exceptions:
    (i) The physical security organization and program for the facility 
must be modified as necessary to assure that activities conducted under 
this general license do not decrease the effectiveness of the 
protection of vital equipment in accordance with Sec.  73.55 of this 
chapter;
    (ii) Storage of spent fuel must be within a protected area, in 
accordance with Sec.  73.55(e) of this chapter, but need not be within 
a separate vital area. Existing protected areas may be expanded or new 
protected areas added for the purpose of storage of spent fuel in 
accordance with this general license;
    (iii) For the purpose of this general license, personnel searches 
required by Sec.  73.55(h) of this chapter before admission to a new 
protected area may be performed by physical pat-down searches of 
persons in lieu of firearms and explosives detection equipment;
    (iv) The observational capability required by Sec.  73.55(i)(3) of 
this chapter as applied to a new protected area may be provided by a 
guard or watchman on patrol in lieu of video surveillance technology;
    (v) For the purpose of this general license, the licensee is exempt 
from requirements to interdict and neutralize threats in Sec.  73.55 of 
this chapter; and
    (vi) Each general licensee that receives and possesses power 
reactor spent fuel and other radioactive materials associated with 
spent fuel storage shall protect Safeguards Information against 
unauthorized disclosure in accordance with the requirements of Sec.  
73.21 and the requirements of Sec.  73.22 or Sec.  73.23 of this 
chapter, as applicable.
    (10) Review the reactor emergency plan, quality assurance program, 
training program, and radiation protection program to determine if 
their effectiveness is decreased and, if so, prepare the necessary 
changes and seek and obtain the necessary approvals.
    (11) Maintain a copy of the CoC and, for those casks to which the 
licensee has applied the changes of an amended CoC, the amended CoC, 
and the documents referenced in such Certificates, for each cask model 
used for storage of spent fuel, until use of the cask model is 
discontinued. The licensee shall comply with the terms, conditions, and 
specifications of the CoC and, for those casks to which the licensee 
has applied the changes of an amended CoC, the terms, conditions, and 
specifications of the amended CoC, including but not limited to, the 
requirements of any AMP put into effect as a condition of the NRC 
approval of a CoC renewal application in accordance with Sec.  72.240.
    (12) Accurately maintain the record provided by the CoC holder for 
each cask that shows, in addition to the information provided by the 
CoC holder, the following:
    (i) The name and address of the CoC holder or lessor;
    (ii) The listing of spent fuel stored in the cask; and
    (iii) Any maintenance performed on the cask.
    (13) Conduct activities related to storage of spent fuel under this 
general license only in accordance with written procedures.
    (14) Make records and casks available to the Commission for 
inspection.
    (c) The record described in paragraph (b)(12) of this section must 
include sufficient information to furnish documentary evidence that any 
testing and maintenance of the cask has been conducted under an NRC-
approved quality assurance program.
    (d) In the event that a cask is sold, leased, loaned, or otherwise 
transferred to another registered user, the record described in 
paragraph (b)(12) of this section must also be transferred to and must 
be accurately maintained by the new registered user. This record must 
be maintained by the current cask user during the period that the cask 
is used for storage of spent fuel and retained by the last user until 
decommissioning of the cask is complete.
    (e) Fees for inspections related to spent fuel storage under this 
general license are those shown in Sec.  170.31 of this chapter.

0
6. In Sec.  72.230, revise paragraph (b) to read as follows:


Sec.  72.230  Procedures for spent fuel storage cask submittals.

* * * * *
    (b) Casks that have been certified for transportation of spent fuel 
under part 71 of this chapter may be approved for storage of spent fuel 
under this subpart. An application must be submitted in accordance with 
the instructions contained in Sec.  72.4, for a proposed term not to 
exceed 40 years. A copy of the CoC issued for the cask under part 71 of 
this chapter, and drawings and other documents referenced in the 
certificate, must be included with the application. A safety analysis 
report showing that the cask is suitable for storage of spent fuel, for 
the term proposed in the application, must also be included.
* * * * *

0
7. In Sec.  72.236, revise paragraph (g) to read as follows:


Sec.  72.236  Specific requirements for spent fuel storage cask 
approval and fabrication.

* * * * *
    (g) The spent fuel storage cask must be designed to store the spent 
fuel safely for the term proposed in the application, and permit 
maintenance as required.
* * * * *

0
8. Revise Sec.  72.238 to read as follows:


Sec.  72.238  Issuance of an NRC Certificate of Compliance.

    A Certificate of Compliance for a cask model will be issued by NRC 
for a term not to exceed 40 years on a finding that the requirements in 
Sec.  72.236(a) through (i) are met.

0
9. Revise Sec.  72.240 to read as follows:


Sec.  72.240  Conditions for spent fuel storage cask renewal.

    (a) The certificate holder may apply for renewal of the design of a 
spent fuel storage cask for a term not to exceed 40 years. In the event 
that the certificate holder does not apply for a cask design renewal, 
any licensee using a spent fuel storage cask, a representative of such 
licensee, or another certificate holder may apply for a renewal of that 
cask design for a term not to exceed 40 years.
    (b) The application for renewal of the design of a spent fuel 
storage cask must be submitted not less than 30 days before the 
expiration date of the CoC.

[[Page 8892]]

When the applicant has submitted a timely application for renewal, the 
existing CoC will not expire until the application for renewal has been 
determined by the NRC.
    (c) The application must be accompanied by a safety analysis report 
(SAR). The SAR must include the following:
    (1) Design bases information as documented in the most recently 
updated final safety analysis report (FSAR) as required by Sec.  
72.248;
    (2) Time-limited aging analyses that demonstrate that structures, 
systems, and components important to safety will continue to perform 
their intended function for the requested period of extended operation; 
and
    (3) A description of the AMP for management of issues associated 
with aging that could adversely affect structures, systems, and 
components important to safety.
    (d) The design of a spent fuel storage cask will be renewed if the 
conditions in subpart G of this part and Sec.  72.238 are met, and the 
application includes a demonstration that the storage of spent fuel has 
not, in a significant manner, adversely affected structures, systems, 
and components important to safety.
    (e) In approving the renewal of the design of a spent fuel storage 
cask, the NRC may revise the CoC to include terms, conditions, and 
specifications that will ensure the safe operation of the cask during 
the renewal term, including but not limited to, terms, conditions, and 
specifications that will require the implementation of an AMP.

    Dated at Rockville, Maryland this 10th day of February, 2011.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011-3493 Filed 2-15-11; 8:45 am]
BILLING CODE 7590-01-P


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