80194 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

B. Submitting Comments

The NRC encourages electronic

comment submission through the 

Federal Rulemaking website: https://

www.regulations.gov. Please include 

Docket ID NRC–2020–0255 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC posts all comment 

submissions at https://

www.regulations.gov as well as enters 

the comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment submissions into 

ADAMS. 

II. Additional Information

The NRC is issuing for public

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

This DG, titled, ‘‘Implementation of 

Aging Management Requirements for 

Spent Fuel Storage Renewals,’’ is 

temporarily identified by its task 

number, DG–3055 (ADAMS Accession 

No. ML20282A298). This draft guide is 

a proposed new regulatory guide (RG) 

3.76. Regulatory Guide 3.76 describes an 

approach that is acceptable to the staff 

of the NRC by endorsing, with 

clarifications, the Nuclear Energy 

Institute (NEI) guidance in NEI 14–03, 

Revision 2, ‘‘Format, Content and 

Implementation Guidance for Dry Cask 

Storage Operations-Based Aging 

Management,’’ issued December 2016. 

This new RG provides guidance to 

industry for complying with and 

implementing the requirements for 

spent fuel storage renewals in part 72 of 

title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Licensing 

Requirements for the Independent 

Storage of Spent Nuclear Fuel, HighLevel Radioactive Waste, and ReactorRelated Greater Than Class C Waste.’’ 

This guidance addresses renewal of 

ISFSI specific licenses and CoCs for 

spent fuel storage cask designs in 10 

CFR 72.42, ‘‘Duration of license; 

renewal,’’ and 10 CFR 72.240, 

‘‘Conditions for spent fuel storage cask 

renewal,’’ respectively. 

The guidance specifically addresses 

the format and content of spent fuel 

storage renewal applications and the 

implementation of aging management 

programs (AMPs). The guidance uses an 

operations-focused approach to aging 

management, in which operating 

experience is shared through an 

industry database and continually 

assessed to adjust AMPs, as needed and 

within regulatory limits, to ensure the 

effectiveness of aging management 

activities during the period of extended 

operation and the continued safe storage 

of spent fuel. 

The staff is also issuing for public 

comment a draft regulatory analysis 

(ADAMS Accession No. ML20282A299). 

The staff develops a regulatory analysis 

to assess the value of issuing this new 

regulatory guide as well as alternative 

courses of action. 

III. Backfitting, Forward Fitting, and

Issue Finality

This proposed regulatory guide, RG 

3.76, proposes to endorse, with 

clarifications, NEI 14–03, which 

provides guidance on the format and 

content of spent fuel storage renewal 

applications and implementation of 

aging management programs under 10 

CFR part 72. As explained in the 

proposed RG 3.76, licensees are not 

required to comply with the positions 

set forth in this regulatory guide. 

Therefore, proposed RG 3.76 does not 

constitute backfitting as defined in 10 

CFR 72.62, ‘‘Backfitting,’’ and as 

described in NRC Management Directive 

(MD) 8.4, ‘‘Management of Backfitting,

Forward Fitting, Issue Finality, and

Information Requests;’’ or constitute

forward fitting as that term is defined

and described in MD 8.4. If, in the

future, the NRC were to impose a

position in this proposed RG 3.76 in a

manner that would constitute

backfitting or forward fitting, then the

NRC would address the backfitting

provision in 10 CFR 72.62 or the

forward fitting provision of MD 8.4,

respectively.

Dated: December 8, 2020. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2020–27351 Filed 12–10–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–9075; NRC–2012–0277] 

Updated Record of Decision for 

Powertech (USA) Inc.; Dewey-Burdock 

In Situ Uranium Recovery Facility 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Record of Decision; update. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) staff has issued an 

updated Record of Decision (ROD) 

related to the license for Powertech 

(USA) Inc. (Powertech), Dewey-Burdock 

in situ uranium recovery (ISR) facility in 

Custer and Fall River Counties, South 

Dakota. Powertech’s request for a source 

and byproduct materials license to 

construct and operate the DeweyBurdock ISR facility was contested 

through the NRC’s adjudicatory process. 

On October 8, 2020, the Commission 

denied a petition for review of the 

Atomic Safety and Licensing Board 

Panel’s (ASLBP) Final Initial Decision 

issued on December 12, 2019, and two 

interlocutory orders, thus terminating 

the adjudicatory proceeding. The ROD 

has been updated to account for the 

ASLBP’s decision and the Commission’s 

ruling. 

DATES: The ROD was updated on 

December 3, 2020. 

ADDRESSES: Please refer to Docket ID 

NRC–2012–0277 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking website: Go to

https://www.regulations.gov and search 

for Docket ID NRC–2012–0277. Address 

questions about Docket IDs in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individual 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/ 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80195 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ 

The updated ROD can be found by 

searching for ADAMS Accession No. 

ML20321A051. For problems with 

ADAMS, please contact the NRC’s 

Public Document Room (PDR) reference 

staff at 1–800–397–4209, 301–415–4737, 

or by email to pdr.resource@nrc.gov. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Diana Diaz-Toro, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC, 

20555–0001; telephone: 301–415– 

0930; email: Diana.Diaz-Toro@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC staff issued a license to 

Powertech for the construction and 

operation of its Dewey-Burdock ISR 

facility in Custer and Fall River 

Counties, in South Dakota in April 

2014. Along with the issuance of the 

license, the NRC staff published a ROD 

in April 2014 that supported its 

decision to approve Powertech’s license 

application for the Dewey-Burdock ISR 

facility. 

During the NRC staff’s licensing 

review, the NRC’s ASLBP, an 

independent, trial-level adjudicatory 

body, granted a hearing request from the 

Oglala Sioux Tribe and Consolidated 

Intervenors (consisting of a group of 

individuals and organizations). The 

ASLBP held an evidentiary hearing in 

Rapid City, South Dakota, from August 

19–21, 2014, on seven admitted 

contentions. On April 30, 2015, the 

ASLBP issued a Partial Initial Decision 

(LBP–15–16) resolving all but two of the 

admitted contentions in favor of the 

NRC staff: Contentions 1A and 1B, 

regarding historic and cultural 

resources, were resolved in favor of the 

Oglala Sioux Tribe and Consolidated 

Intervenors. Subsequently, on October 

19, 2017, the ASLBP granted the NRC 

staff’s motion for summary disposition 

of Contention 1B and determined that 

the NRC staff’s efforts satisfied the 

National Historic Preservation Act 

(NHPA) requirement that the NRC staff 

consult with the Oglala Sioux Tribe. On 

April 29, 2019, the ASLBP granted the 

NRC staff’s motion to set a schedule for 

an evidentiary hearing. The hearing was 

held on August 28 and 29, 2019, in 

Rapid City, South Dakota. On December 

12, 2019, the ASLBP issued the Final 

Initial Decision (LBP–19–10) finding 

that the staff satisfied its National 

Environmental Policy Act (NEPA) 

obligation to take a reasonable hard look 

at potential impacts to cultural 

resources. The ASLBP also found that, 

consistent with the Council on 

Environmental Quality regulations at 

section 1502.22 of the title 40 of the 

Code of Federal Regulations, the 

information necessary to complete the 

NEPA review is effectively unavailable 

and that no further supplemental 

environmental impact statement is 

necessary in this case. The ASLBP also 

included a new condition to 

Powertech’s license. It provides that, 

prior to appointing a Tribal Monitor 

pursuant to Stipulation 13(c) of the 

NHPA Programmatic Agreement, 

Powertech shall notify the NRC of the 

identity of the Monitor, and the NRC 

will in turn distribute that information 

to the signatories and consulting Tribes 

to the Programmatic Agreement for a 30- 

day review and comment period. On 

October 8, 2020, the Commission denied 

a petition for review (CLI–20–09) of the 

ASLBP’s final initial decision in LBP– 

19–10 and two interlocutory ASLBP 

orders, which terminated the 

adjudicatory proceeding. The updated 

ROD accounts for the ASLBP’s decisions 

and the Commission’s ruling. 

II. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons as indicated. 

Document description ADAMS Accession No. 

Powertech Dewey-Burdock Application, February 28, 2009 .......................................................... ML091200014 (package). 

Generic Environmental Impact Statement for In Situ Leach Uranium Milling Facilities, May 2009 ML091530075 (package). 

Resubmission of Application, August 10, 2009 .............................................................................. ML092870160 (package). 

Response to Request for Additional Information, August 12, 2010 ............................................... ML102380530 (package). 

Revised Response to Request for Additional Information, June 28, 2011 .................................... ML112071064 (package).

Ground Water Model, February 27, 2012 ....................................................................................... ML120620195 (package). 

Clarification of Oxidation-Reduction Potential Measurement, April 11, 2012 ................................. ML121030013. 

Clarification of Regional Meteorological Data, June 13, 2012 ....................................................... ML12173A038.

Clarification of Response to Request for Additional Information, June 27, 2012 .......................... ML12179A534. 

Supplemental Sampling Plan and Responses to Comments Regarding Draft License, October 

19, 2012.

ML12305A056. 

Comments on Draft Supplemental Environment Impact Statement, January 8, 2013 .................. ML13022A386. 

Supplemental Environmental Impact Statement for the Dewey-Burdock ISR Facility in Fall River 

and Custer Counties, South Dakota (NUREG-1910, Supplement 4, Volumes 1 and 2), January 31, 2014.

ML14024A477 

ML14024A478. 

NHPA Programmatic Agreement for Protection of Cultural Resources, Executed April 7, 2014 .. ML14066A344 (package). 

NRC Safety Evaluation Report, April 8, 2014 ................................................................................. ML14043A347 (package). 

Source Materials License for Dewey-Burdock, April 8, 2014 ......................................................... ML14043A392. 

NRC Record of Decision, April 8, 2014 .......................................................................................... ML14066A466. 

NRC Updated Record of Decision, December 3, 2020 .................................................................. ML20321A051. 

Dated: December 8, 2020. For the Nuclear Regulatory Commission. 

Jessie M. Quintero, 

Chief, Environmental Review Materials 

Branch, Division of Rulemaking, 

Environmental and Financial Support, Office 

of Nuclear Material Safety, and Safeguards. 

[FR Doc. 2020–27296 Filed 12–10–20; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2021–41 and CP2021–42; 

Docket Nos. MC2021–42 and CP2021–43] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 


jbell on DSKJLSW7X2PROD with NOTICES