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[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77267-77268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26516]

[[Page 77267]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0066]

Dry Storage and Transportation of High Burnup Spent Nuclear Fuel

AGENCY: Nuclear Regulatory Commission.

ACTION: NUREG; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-
2224, ``Dry Storage and Transportation of High Burnup Spent Nuclear 
Fuel.'' The NUREG provides technical background information applicable 
to high burnup spent nuclear fuel (HBU SNF), provides an engineering 
assessment of recent NRC-sponsored mechanical testing of HBU SNF, and 
presents example approaches for licensing and certification of HBU SNF 
in transportation and dry storage.

ADDRESSES: Please refer to Docket ID NRC-2018-0066 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Address questions about Docket 
IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127; 
email: [email protected]. Go to https://www.regulations.gov and 
search for Docket ID NRC-2018-0066. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.

FOR FURTHER INFORMATION CONTACT: Ricardo Torres, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555 0001; telephone: 301-415-7508, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    NUREG-2224, ``Dry Storage and Transportation of High Burnup Spent 
Nuclear Fuel'' (ADAMS Accession No. ML20191A321), is a technical basis 
document which expands on the aspects that pertain to hydride 
reorientation in HBU SNF cladding, as discussed in SFST-ISG-11, 
Revision 3, ``Cladding Considerations for the Transportation and 
Storage of Spent Fuel'' (ADAMS Accession No. ML033230335), NUREG-2215, 
``Standard Review Plan for Spent Fuel Dry Storage Systems and 
Facilities--Final Report'' (ADAMS Accession No. ML20121A190), and 
NUREG-2216, ``Standard Review Plan for Transportation Packages for 
Spent Fuel and Radioactive Material: Final Report'' (ADAMS Accession 
No. ML20234A651). Hydride reorientation is a process in which the 
orientation of hydrides precipitated in HBU SNF cladding during reactor 
operation changes from the circumferential-axial to the radial-axial 
direction. NUREG-2224 provides an engineering assessment of the results 
of NRC-sponsored research (NUREG/CR-7198, Rev. 1, ``Mechanical Fatigue 
Testing of High-Burnup Fuel for Transportation Application'' ADAMS 
Accession No. ML17292B057) on the mechanical performance of HBU SNF 
following hydride reorientation. Per the conclusions of that 
assessment, NUREG-2224 presents example approaches for licensing and 
certification of HBU SNF for transportation (under part 71 of title 10 
of the Code of Federal Regulations (10 CFR), ``Packaging and 
Transportation of Radioactive Material'') and dry storage (under 10 CFR 
part 72, ``Licensing Requirements for the Independent Storage of Spent 
Nuclear Fuel and High-Level Radioactive Waste, and Reactor-Related 
Greater Than Class C Waste'').

II. Additional Information

    On August 9, 2018 (83 FR 39475), the NRC solicited comments on 
draft NUREG-2224, ``Dry Storage and Transportation of High Burnup Spent 
Nuclear Fuel.'' The initial public comment period closed on September 
24, 2018. Responding to several requests from the public, the NRC 
reopened the public comment period on October 10, 2018 (83 FR 50965), 
to allow more time for members of the public to develop and submit 
their comments. The staff considered public comments received on the 
draft document in preparing the final NUREG-2224. A summary of the 
public comments and staff responses are available in ADAMS under 
Accession No. ML20120A444.

III. Regulatory Analysis

    The NRC prepared a regulatory analysis on this action. The analysis 
examines the costs and benefits of the alternatives considered by the 
NRC. The regulatory analysis is available at ADAMS Accession No. 
ML20188A027.

IV. Backfitting, Forward Fitting, and Issue Finality Provisions

    This NUREG (NUREG-2224) sets forth the NRC's position regarding 
acceptable approaches for demonstrating regulatory compliance in 
applications for dry storage cask Certificates of Compliance (CoCs), 
CoCs for transportation packages, and specific licenses for Independent 
Spent Fuel Storage Installations (ISFSIs) involving HBU SNF. The 
issuance of this NUREG would not constitute backfitting as defined in 
the backfitting provisions in 10 CFR 72.62 and would not implicate 
forward fitting as described in Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests,'' for specific ISFSI licensees. Dry storage cask 
CoCs do not fall within the backfitting provision in 10 CFR 72.62, and 
there are no backfitting provisions in 10 CFR part 71 regarding CoCs 
for transportation packages. Issuance of the NUREG would also not 
constitute backfitting or forward fitting under 10 CFR 50.109 or MD 
8.4, or otherwise be inconsistent with issue finality provisions in 10 
CFR part 52, that are applicable to general ISFSI licensees. The NRC's 
position is based upon the following considerations.
    1. The NUREG does not constitute backfitting or forward fitting or 
affect issue finality. The NUREG provides licensing and certification 
approaches acceptable to the NRC staff for demonstrating regulatory 
compliance in applications for dry storage cask CoCs, CoCs for 
transportation packages, and specific ISFSI licenses involving HBU SNF. 
Changes in staff guidance, without further NRC action, are not matters 
that meet the definition of backfitting or forward fitting or affect 
the issue finality of a 10 CFR part 52 approval.
    2. Current or future applicants who may use this guidance in 
developing acceptable approaches for demonstrating regulatory 
compliance in applications for dry storage cask CoCs, CoCs for 
transportation packages, and specific ISFSI licenses involving HBU SNF 
in the future are not--with limited exceptions not applicable here--
within

[[Page 77268]]

the scope of the backfitting and issue finality regulations. Applicants 
are not, with certain exceptions, covered by either the Backfit Rule or 
any issue finality provisions under 10 CFR part 52. This is because 
neither the Backfit Rule nor the issue finality provisions under 10 CFR 
part 52--with certain exclusions not applicable here--were intended to 
apply to every NRC action which substantially changes the expectations 
of current and future applicants. If, in the future, the staff seeks to 
impose a position in the NUREG in a manner that constitutes backfitting 
or does not provide issue finality as described in the applicable issue 
finality provision, then the staff would need to address the Backfit 
Rule or the criteria for avoiding issue finality as described in the 
applicable issue finality provision.
    3. The staff does not, at this time, intend to impose the positions 
represented in the NUREG in a manner that would constitute forward 
fitting. If, in the future, the staff seeks to impose a position in the 
NUREG in a manner that constitutes forward fitting, then the staff 
would need to address the forward fitting criteria in MD 8.4.

V. Congressional Review Act

    This NUREG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated: November 25, 2020.

    For the Nuclear Regulatory Commission.
Christopher M. Regan,
Deputy Director, Division of Fuel Management, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2020-26516 Filed 11-30-20; 8:45 am]
BILLING CODE 7590-01-P
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