This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

12073 

Vol. 80, No. 44 

Friday, March 6, 2015 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2014–0120] 

RIN 3150–AJ42 

List of Approved Spent Fuel Storage 

Casks: Holtec International HI–STORM 

Underground Maximum Capacity 

Canister Storage System, Certificate of 

Compliance No. 1040 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage regulations by adding 

the Holtec International HI–STORM 

Underground Maximum Capacity 

(UMAX) Canister Storage System, 

Certificate of Compliance (CoC) No. 

1040, to the ‘‘List of approved spent fuel 

storage casks.’’ Holtec International’s 

intent with this design is to provide an 

underground storage option compatible 

with the Holtec International HI– 

STORM FLOOD/WIND (FW) System 

(CoC No. 1032). 

DATES: This final rule is effective on 

April 6, 2015. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0120 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0120. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@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 publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O–1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Gregory R. Trussell, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–6445, email: Gregory.Trussell@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Discussion of Changes 

III. Public Comment Analysis 

IV. Voluntary Consensus Standards 

V. Agreement State Compatibility 

VI. Plain Writing 

VII. Environmental Assessment and Finding 

of No Significant Environmental Impact 

VIII. Paperwork Reduction Act Statement 

IX. Regulatory Analysis 

X. Regulatory Flexibility Certification 

XI. Backfitting and Issue Finality 

XII. Congressional Review Act 

XIII. Availability of Documents 

I. Background 

Section 218(a) of the Nuclear Waste 

Policy Act (NWPA) of 1982, as 

amended, requires that ‘‘the Secretary 

[of the Department of Energy] shall 

establish a demonstration program, in 

cooperation with the private sector, for 

the dry storage of spent nuclear fuel at 

civilian nuclear power reactor sites, 

with the objective of establishing one or 

more technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

NWPA states, in part, that ‘‘[the 

Commission] shall, by rule, establish 

procedures for the licensing of any 

technology approved by the 

Commission under Section 219(a) [sic: 

218(a)] for use at the site of any civilian 

nuclear power reactor.’’ 

To implement this mandate, the 

Commission approved dry storage of 

spent nuclear fuel in NRC-approved 

casks under a general license by 

publishing a final rule in part 72 of Title 

10 of the Code of Federal Regulations 

(10 CFR), which added a new subpart K 

within 10 CFR part 72 entitled, ‘‘General 

License for Storage of Spent Fuel at 

Power Reactor Sites’’ (55 FR 29181; July 

18, 1990). This rule also established a 

new subpart L within 10 CFR part 72 

entitled, ‘‘Approval of Spent Fuel 

Storage Casks,’’ which contains 

procedures and criteria for obtaining 

NRC approval of spent fuel storage cask 

designs. 

The NRC published a direct final rule 

on this amendment in the Federal 

Register on September 9, 2014 (79 FR 

53281). The NRC also concurrently 

published an identical proposed rule on 

September 9, 2014 (79 FR 53352). The 

NRC received at least one comment that 

is treated as a significant adverse 

comment on the proposed rule; 

therefore, the NRC withdrew the direct 

final rule on November 19, 2014 (79 FR 

68763), and is proceeding, in this 

document, to address the comments on 

the proposed rule (see Section III, Public 

Comment Analysis, of this document). 

II. Discussion of Changes 

By letter dated June 29, 2012, and as 

supplemented on July 16 and November 

20, 2012; January 30, April 2, April 19, 

June 21, August 28, December 6, and 

December 31, 2013; and January 13, and 

January 28, 2014, Holtec International 

submitted an application to add the HI– 

STORM UMAX Canister Storage System 

to the list of approved spent fuel storage 

casks in 10 CFR part 72. The HI– 

STORM UMAX Canister Storage System 

is a spent fuel storage system designed 

to be in full compliance with the 

requirements of 10 CFR part 72. Holtec 

International’s intent with this design is 

to provide an underground storage 

option compatible with the Holtec 

International HI–STORM FW System as 

described in the Final Safety Analysis 

Report (FSAR) for the HI–STORM FW 


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System. The underground structure 

system is described in the FSAR for the 

HI–STORM UMAX Canister Storage 

System. The HI–STORM UMAX 

Canister Storage System stores a 

hermetically sealed canister containing 

spent nuclear fuel (SNF) in an in-ground 

vertical ventilated module (VVM). The 

HI–STORM UMAX Canister Storage 

System is designed to provide long-term 

underground storage of loaded multipurpose canisters (MPC) previously 

certified for storage in CoC No. 1032. 

The HI–STORM UMAX VVM is the 

underground equivalent of the HI– 

STORM FW storage module. Although 

the storage cavity dimensions and the 

air ventilation system in the HI–STORM 

UMAX VVM have been selected to 

enable it to also store all MPCs certified 

for storage in the HI–STORM 100 

storage module, CoC No. 1040 does not 

approve the storage of all MPCs certified 

for storage in the HI–STORM 100 

storage module in the HI–STORM 

UMAX VVM at this time. The HI– 

STORM UMAX Canister Storage System 

can store either Pressurized Water 

Reactor or Boiling Water Reactor fuel 

assemblies in the MPC–37 or MPC–89 

models, respectively. The number 

associated with the MPC is the 

maximum number of fuel assemblies the 

MPC can contain in the fuel basket. The 

external diameters of the MPC–37 and 

MPC–89 are identical to allow the use 

of a single storage module design, 

however the height of the MPC, as well 

as the storage module and transfer cask, 

are variable based on the SNF to be 

loaded. 

As documented in the safety 

evaluation report (SER), the NRC staff 

performed a detailed safety evaluation 

of the proposed CoC request submitted 

by Holtec International. 

The HI–STORM UMAX Canister 

Storage System, when used under the 

conditions specified in the CoC, the 

Technical Specifications (TSs), and the 

NRC’s regulations, will meet the 

requirements of 10 CFR part 72; 

therefore, adequate protection of public 

health and safety will continue to be 

ensured. When this final rule becomes 

effective, persons who hold a general 

license under 10 CFR 72.210 may load 

spent nuclear fuel into HI–STORM 

UMAX Canister Storage Systems that 

meet the criteria of CoC No. 1040 under 

10 CFR 72.212. 

III. Public Comment Analysis 

The NRC received multiple comments 

from private citizens on the companion 

proposed rule to the direct final rule 

published on September 9, 2014. The 

NRC has not made any changes to the 

proposed rule as a result of the public 

comments the NRC has received. 

Summary of Comments 

The NRC received almost a dozen 

comments on the proposed rule, many 

raising multiple and overlapping issues. 

Because the NRC received at least one 

comment that it is treating as a 

significant adverse comment on the 

proposed rule (raising issues the NRC 

deemed serious enough to warrant a 

substantive response to clarify the 

record), the NRC withdrew the direct 

final rule and is responding to the 

comments here. Other comments were 

not treated as significant adverse 

comments because, in most instances, 

they were beyond the scope of this 

rulemaking. Nonetheless, in addition to 

responding to the issues raised in the 

comments treated as significant adverse 

comments, the NRC is also taking this 

opportunity to respond to some of the 

issues raised in the comments that are 

beyond this scope of this rulemaking in 

order to clarify information about the 

CoC rulemaking process related to the 

comments received. 

Aging Management Programs 

Many of the comments the NRC 

received questioned the fact that aging 

management programs (AMPs) were not 

being established for this CoC system. 

Commenters noted that the NRC has not 

yet issued the revision to NUREG–1927 

(‘‘Standard Review Plan for Renewal of 

Spent Fuel Dry Cask Storage System 

Licenses and Certificates of 

Compliance’’), which is currently being 

updated to include information 

regarding AMPs, among other things. 

The comments stated that the approval 

of this CoC system, ‘‘should be put on 

hold until after the revised NUREG– 

1927 is final and any appropriate aging 

management issues are addressed in this 

CoC.’’ 

The comments questioned some 

specific example AMPs discussed at 

public meetings, including questions 

regarding an example AMP for ChlorideInduced Stress Corrosion Cracking Tests 

(seismic concerns and sampling size), as 

well as the absence of an AMP given 

issues with damaged fuels and the 

‘‘unknowns of extended storage with 

high burnup fuel.’’ In sum, these 

commenters felt that approval of CoCs, 

such as this one, should await the 

formulation and approval of aging 

management programs. 

Response 

These comments are outside the scope 

of this rulemaking which is limited to 

amending the spent fuel storage 

regulations by adding the UMAX 

Canister Storage System, CoC No. 1040, 

to the ‘‘List of approved spent fuel 

storage casks’’ in 10 CFR 72.214. This 

rulemaking is not making any changes 

to the regulations governing the 

standards for approval of a CoC. 

The CoC for the HI–STORM UMAX is 

being issued for 20 years in accordance 

with 10 CFR part 72. According to the 

NRC staff’s SER published in the 

Federal Register under Docket ID NRC– 

2014–0120, the staff has determined that 

the use of the HI–STORM UMAX 

Canister Storage System will be 

conducted in compliance with the 

applicable regulations of 10 CFR part 

72, and the CoC should be approved for 

the initial 20-year term. There are 

currently no technical or regulatory 

requirements for the inclusion of AMPs 

for the initial 20-year CoC term. AMPs 

are required for spent fuel storage cask 

renewal which allows storage beyond 20 

years, as provided in 10 CFR 72.240. 

The current regulatory requirements 

provide the necessary defense in depth 

for safe storage of spent nuclear fuel for 

at least 20 years. 

Based on the regulations in 10 CFR 

part 72, an AMP will be required to be 

included in any renewal application for 

the HI–STORM UMAX Canister Storage 

System, for a duration beyond the initial 

20-year term. The renewal application, 

if filed, will be required to comply with 

the applicable regulations, and consider 

applicable NRC aging management 

guidance available at the time of 

submittal. While NUREG–1927 may 

prove useful to applicants seeking to 

renew a CoC, because it does not 

provide guidance regarding applications 

seeking initial approval of certificates, 

there is no reason to await the guidance 

before proceeding with the addition of 

this system to the 10 CFR part 72 

regulations. 

Inspection Access 

Several comments also questioned the 

ability of the underground storage 

system to be adequately inspected and 

potentially repaired if necessary during 

the initial certification period of 20 

years, especially if the system was being 

used in a coastal environment where 

stress corrosion cracking could be an 

issue. 

Response 

The NRC is treating this comment as 

a significant adverse comment 

warranting clarification of the record. 

The NRC has evaluated the design of the 

HI–STORM UMAX Canister Storage 

System and has determined that the 

design is robust, and contains numbers 

of layers of acceptable confinement 

systems in compliance with 10 CFR part 


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72 requirements. In addition, the staff is 

not aware of empirical evidence that 

supports a finding that surveillance 

would be required in the initial 

certification period of the proposed 

CoC. This evaluation is documented in 

the NRC staff’s SER under Docket ID 

NRC–2014–0120. 

Furthermore, the NRC has evaluated 

the susceptibility to and effects of stress 

corrosion cracking and other corrosion 

mechanisms on safety significant 

systems for SNF dry cask storage (DCS) 

systems during an initial certification 

period. The staff has determined that 

the HI–STORM UMAX Canister Storage 

System, when used within the 

requirements of the proposed CoC, will 

safely store SNF and prevent radiation 

releases and exposure consistent with 

regulatory requirements. 

Seismic Protection 

Several comments also raised 

concerns regarding the ability of this 

CoC system to withstand seismic events, 

particularly if the system were to be 

used at specific sites with known 

seismic activity, such as San Onofre 

Nuclear Generating Station (SONGS). 

Response 

The NRC is treating this comment as 

a significant adverse comment 

warranting clarification of the record. 

This rulemaking would add a CoC 

system to the list of approved spent fuel 

storage casks in 10 CFR 72.214. The 

certification provided by this approval 

does not, in and of itself, authorize use 

of this system at any specific site. 

Instead, general licensees (a power 

reactor that stores spent fuel under a 

general Part 72 license) that wish to use 

this system must first ensure that other 

applicable requirements are met. (See 10 

CFR 72.212). 

The seismic design levels of the HI– 

STORM UMAX Canister Storage System 

as provided in this CoC are acceptable 

for most areas in the continental U.S. 

For locations that have potential seismic 

activity beyond those analyzed for this 

system, additional evaluations and 

certifications may be required before the 

system may be used in those locations. 

The NRC is currently evaluating an 

amendment request to the HI–STORM 

UMAX Canister Storage System that 

provides additional analysis intended to 

ensure the system’s integrity during an 

earthquake with higher seismic 

demands, including the seismic 

demands at the location of SONGS. If 

the NRC approves that amendment 

request, the amended system could be 

selected for use at SONGS, provided 

regulatory requirements are met. 

Bankruptcy 

A comment also raised questions 

about the implications of the potential 

bankruptcy of corporations that seek 

CoC approvals. 

Response 

This comment is outside the scope of 

this rulemaking. This rulemaking would 

add a certified system to the list of spent 

fuel systems in 10 CFR 72.214 and does 

not seek to alter the standards for 

approval of a CoC system. In any event, 

NRC regulations in 10 CFR part 72 

address the financial viability of 

licensees to ensure spent fuel 

management and decommissioning are 

funded. Pursuant to NRC requirements, 

once a general licensee accepts delivery 

of a storage system authorized by a CoC, 

the financial responsibility for 

maintaining and decommissioning the 

system become the responsibility of the 

general licensee (see 10 CFR 72.30(b), 

(c), (d), (e), and (f)). 

Flood Protection 

One comment stated that the design 

basis of the Watts Bar 2 reactor (not yet 

licensed for operation) intends that safe 

shut down could occur if there were a 

flood event that delivered 131⁄2 feet of 

water at the reactor buildings. This 

comment raised the concern that the 

cask waste storage in an adjacent area 

would have equal or greater flooding. 

Response 

This rulemaking is limited to the 

approval of a CoC system to be added 

to the list of spent fuel storage casks in 

10 CFR 72.214. This rulemaking does 

not propose any change to the standards 

for approval of a CoC, or the 

requirements that govern the use of this 

CoC by a general licensee. Therefore, 

this comment is outside the scope of 

this rulemaking. 

The NRC’s regulations at 10 CFR 

72.212, ‘‘Conditions of a general license 

issued under 10 CFR 72.210,’’ require 

that a general licensee (a power reactor 

that stores spent fuel under a general 

part 72 license) perform written 

evaluations to ensure that the DCS 

systems used at the location meet the 

technical requirements of the CoC. The 

NRC inspects these evaluations prior to 

the first use of the DCS system and 

every three years after first use to ensure 

compliance with the terms of the CoC. 

If the CoC does not allow for water 

intrusion, then the general licensee is 

required to provide engineered 

measures to ensure that this condition 

does not occur. 

High Burnup Fuel 

Several comments also raised 

questions regarding the long-term 

acceptability of the extended storage of 

high burnup fuel (HBF). 

Response 

Most of the comments raising HBF as 

an issue did so in the context of the 

need for AMPs for approval of the CoC 

for the first 20 years, and that is beyond 

the scope of this rulemaking, as 

explained above. 

To the extent commenters raised 

issues about the storage of HBF in the 

CoC for the first 20 years, the NRC is 

treating this portion of the comment as 

a significant adverse comment 

warranting clarification of the record. 

The NRC has evaluated the acceptability 

of storage of HBF for the initial 20-year 

certification term for the HI–STORM 

UMAX Canister Storage System. As 

documented in the NRC staff’s SER 

under Docket ID NRC–2014–0120, the 

staff has determined that the use of the 

HI–STORM UMAX Canister Storage 

System, including storage of HBF, will 

be conducted in compliance with the 

applicable regulations of 10 CFR part 

72, and the CoC should be approved for 

the initial 20-year term. 

Storage beyond the initial term of 20 

years will require the applicant to 

submit a license renewal application 

with the inclusion of AMPs addressing 

HBF. In that regard, a demonstration 

project is being planned by the U.S. 

Department of Energy to provide 

confirmatory data on the performance of 

HBF in DCS. The NRC plans to evaluate 

the data obtained from the project to 

confirm the accuracy of current models 

that are relied upon for authorizing the 

storage of HBF for extended storage 

periods beyond the initial 20-year 

certification term. 

Duration of Certificate 

Some comments also raised issues 

with the limited duration of this initial 

CoC for a term of only 20 years and 

stated that the systems should have to 

demonstrate safe storage of nuclear fuel 

for a much longer storage period. 

Response 

The issues of long-term storage and 

disposal of SNF are outside the scope of 

this CoC rulemaking. This rule is 

limited to the addition of this storage 

system to the list of approved designs in 

10 CFR 72.214. The regulations 

governing the length of the CoC term are 

not within the changes proposed by this 

rule. 


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Inspector General’s Report 

One comment highlighted issues 

addressed in the 2014 NRC Inspector 

General’s report of the SONGS steam 

generator replacement, entitled, ‘‘NRC 

Oversight of Licensee’s Use of 10 CFR 

50.59 Process to Replace SONG’S Steam 

Generators (Case No. 13–006).’’ 

Response 

The issues raised by the NRC’s IG 

report of the SONGS steam generator 

replacement are outside the scope of 

this rulemaking. This report is 

applicable only to that proposed steam 

generator replacement effort, and does 

not apply to nor is it related to this 

specific CoC rulemaking. Approval of 

this CoC is based upon a safety and 

environmental review of this specific 

CoC design as submitted by the vendor. 

If power reactor licensees wish to use 

this system at their specific sites, they 

must first ensure other applicable 

regulatory requirements are met (see 10 

CFR 72.212). 

IV. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement 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 the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this final rule, the NRC 

will add the Holtec International HI– 

STORM UMAX Canister Storage System 

design to the listing in 10 CFR 72.214. 

This action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

V. 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 on 

September 3, 1997 (62 FR 46517), this 

final 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 Atomic Energy Act of 

1954, as amended, or the provisions of 

10 CFR. Although an Agreement State 

may not adopt program elements 

reserved to the 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. 

VI. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274), requires Federal agencies 

to write documents in a clear, concise, 

and well-organized manner. The NRC 

has written this document to be 

consistent with the Plain Writing Act as 

well as the Presidential Memorandum 

‘‘Plain Language in Government 

Writing,’’ published June 10, 1998 (63 

FR 31883). 

VII. Environmental Assessment and 

Finding of No Significant 

Environmental Impact 

A. The Action 

The action is to amend 10 CFR 72.214 

to add the Holtec International HI– 

STORM UMAX Canister Storage System 

to the listing within the ‘‘List of 

approved spent fuel storage casks’’ as 

CoC No. 1040. Under the National 

Environmental Policy Act of 1969, as 

amended, and the NRC’s regulations in 

subpart A of 10 CFR part 51, 

‘‘Environmental Protection Regulations 

for Domestic Licensing and Related 

Regulatory Functions,’’ the NRC has 

determined that this rule, if adopted, 

would not be a major Federal action 

significantly affecting the quality of the 

human environment and, therefore, an 

environmental impact statement is not 

required. The NRC has made a finding 

of no significant impact on the basis of 

this environmental assessment. 

B. The Need for the Action 

This final rule adds CoC No. 1040 for 

the Holtec International HI–STORM 

UMAX Canister Storage System design 

within the list of approved spent fuel 

storage casks that power reactor 

licensees can use to store spent fuel at 

reactor sites under a general license. 

Specifically, Holtec International’s 

intent with this design is to provide an 

underground storage option compatible 

with the Holtec International HI– 

STORM FW System. 

C. Environmental Impacts of the Action 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

part 72 to provide for the storage of 

spent fuel under a general license in 

cask designs approved by the NRC. The 

potential environmental impact of using 

NRC-approved storage casks was 

initially analyzed in the environmental 

assessment for the 1990 final rule. The 

environmental assessment for this CoC 

addition tiers off of the environmental 

assessment for the July 18, 1990, final 

rule. Tiering on past environmental 

assessments is a standard process under 

the National Environmental Policy Act. 

Holtec International HI–STORM 

UMAX Canister Storage Systems are 

designed to mitigate the effects of design 

basis accidents that could occur during 

storage. Design basis accidents account 

for human-induced events and the most 

severe natural phenomena reported for 

the site and surrounding area. 

Postulated accidents analyzed for an 

ISFSI, the type of facility at which a 

holder of a power reactor operating 

license would store spent fuel in casks 

in accordance with 10 CFR part 72, 

include tornado winds and tornadogenerated missiles, a design basis 

earthquake, a design basis flood, an 

accidental cask drop, lightning effects, 

fire, explosions, and other incidents. 

Considering the specific design 

requirements for each accident 

condition, the design of the HI–STORM 

UMAX Canister Storage System would 

prevent loss of containment, shielding, 

and criticality control. If there is no loss 

of containment, shielding, or criticality 

control, the environmental impacts 

would be insignificant. In addition, any 

resulting occupational exposure or 

offsite dose rates from the use of the HI– 

STORM UMAX Canister Storage System 

would remain well within the 10 CFR 

part 20 limits. Therefore, the proposed 

addition of CoC No. 1040 will not result 

in radiological or non-radiological 

environmental impacts that significantly 

differ from the environmental impacts 

evaluated in the environmental 

assessment supporting the July 18, 1990, 

final rule. There will be no significant 

change in the types or significant 

revisions in the amounts of effluent 

released, no significant increase in the 

individual or cumulative radiation 

exposure, and no significant increase in 

the potential for or consequences from 

radiological accidents. The staff 

documented its safety findings for this 

review in the SER. 

D. Alternative to the Action 

The alternative to this action is to 

withhold approval of this new design 

and issue a site-specific license to each 

utility that proposes to use the casks. 

This alternative would cost both the 

NRC and utilities more time and money 

for each site-specific license. 

Conducting site-specific reviews would 

ignore the procedures and criteria 

currently in place for the addition of 

new cask designs that can be used under 

a general license, and would be in 

conflict with NWPA direction to the 

Commission to approve technologies for 

the use of spent fuel storage at the sites 

of civilian nuclear power reactors 

without, to the maximum extent 

practicable, the need for additional site 

reviews. This alternative also would 


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tend to exclude new vendors from the 

business market without cause and 

would arbitrarily limit the choice of 

cask designs available to power reactor 

licensees. This final rule will eliminate 

the above problems and is consistent 

with previous Commission actions. 

Further, the rule will have no adverse 

effect on public health and safety. 

Therefore, the environmental impacts 

would be the same or less than the 

action. 

E. Alternative Use of Resources 

Approval of the addition of CoC No. 

1040 would result in no irreversible 

commitments of resources. 

F. Agencies and Persons Contacted 

No agencies or persons outside the 

NRC were contacted in connection with 

the preparation of this environmental 

assessment. 

G. Finding of No Significant Impact 

The environmental impacts of the 

action have been reviewed under the 

requirements in 10 CFR part 51. Based 

on the foregoing environmental 

assessment, the NRC concludes that this 

final rule entitled, ‘‘List of Approved 

Spent Fuel Storage Casks: Holtec 

International HI–STORM UMAX 

Canister Storage System, Certificate of 

Compliance No. 1040,’’ will not have a 

significant effect on the human 

environment. Therefore, the NRC has 

determined that an environmental 

impact statement is not necessary for 

this final rule. 

VIII. Paperwork Reduction Act 

Statement 

This rule does not contain any 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

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 current valid OMB control 

number. 

IX. Regulatory Analysis 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 

designs to store spent nuclear fuel if it 

notifies the NRC in advance, the spent 

fuel is stored under the conditions 

specified in the cask’s CoC, and the 

conditions of the general license are 

met. A list of NRC-approved cask 

designs is contained in 10 CFR 72.214. 

By letter dated June 29, 2012, and as 

supplemented on July 16 and November 

20, 2012; January 30, April 2, April 19, 

June 21, August 28, December 6, and 

December 31, 2013; and January 13, and 

January 28, 2014, Holtec International 

submitted an application to add the HISTORM UMAX Canister Storage 

System. 

The alternative to this action is to 

withhold approval of this new design 

and issue a site-specific license to each 

utility that proposes to use the casks. 

This alternative would cost both the 

NRC and utilities more time and money 

for each site-specific license. 

Conducting site-specific reviews would 

ignore the procedures and criteria 

currently in place for the addition of 

new cask designs that can be used under 

a general license, and would be in 

conflict with NWPA direction to the 

Commission to approve technologies for 

the use of spent fuel storage at the sites 

of civilian nuclear power reactors 

without, to the maximum extent 

practicable, the need for additional site 

reviews. This alternative also would 

tend to exclude new vendors from the 

business market without cause and 

would arbitrarily limit the choice of 

cask designs available to power reactor 

licensees. This final rule will eliminate 

the above problems and is consistent 

with previous Commission actions. 

Further, the rule will have no adverse 

effect on public health and safety. 

Approval of this final rule is 

consistent with previous NRC actions. 

Further, as documented in the SER and 

the environmental assessment, the final 

rule will have no adverse effect on 

public health and safety or the 

environment. This final rule has no 

significant identifiable impact or benefit 

on other Government agencies. Based on 

this regulatory analysis, the NRC 

concludes that the requirements of the 

final rule are commensurate with the 

NRC’s responsibilities for public health 

and safety and the common defense and 

security. No other available alternative 

is believed to be as satisfactory, and 

therefore, this action is recommended. 

X. Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This final rule affects only nuclear 

power plant licensees and Holtec 

International. These entities 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). 

XI. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this final rule. Therefore, a 

backfit analysis is not required. This 

final rule adds CoC No. 1040 for the 

Holtec International HI–STORM UMAX 

Canister Storage System to the ‘‘List of 

approved spent fuel storage casks.’’ 

The addition of CoC No. 1040 for the 

Holtec International HI–STORM UMAX 

Canister Storage System was initiated by 

Holtec International and was not 

submitted in response to new NRC 

requirements, or in response to an NRC 

request. The addition of CoC No. 1040 

does not constitute backfitting under 10 

CFR 72.62, 10 CFR 50.109(a)(1), or 

otherwise represent an inconsistency 

with the issue finality provisions 

applicable to combined licenses in 10 

CFR part 52. Accordingly, no backfit 

analysis or additional documentation 

addressing the issue finality criteria in 

10 CFR part 52 has been prepared by the 

staff. 

XII. Congressional Review Act 

In accordance with the Congressional 

Review Act of 1996 (5 U.S.C. 801–808), 

the NRC has determined that this action 

is not a rule as defined in the 

Congressional Review Act. 

XIII. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document ADAMS Accession 

No. 

CoC No. 1040 ............................................................................................................................................................................ ML14122A443 

Safety Evaluation Report ........................................................................................................................................................... ML14122A441 

Technical Specifications, Appendix A ....................................................................................................................................... ML14122A444 

Technical Specifications, Appendix B ....................................................................................................................................... ML14122A442 


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12078 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Rules and Regulations 

Document ADAMS Accession 

No. 

Application ................................................................................................................................................................................. ML121880102 

Application supplemental July 16, 2012 .................................................................................................................................... ML12205A134 

Application supplemental November 20, 2012 .......................................................................................................................... ML12348A483 

Application supplemental January 30, 2013 ............................................................................................................................. ML13032A008 

Application supplemental April 2, 2013 ..................................................................................................................................... ML13107B249 

Application supplemental April 19, 2013 ................................................................................................................................... ML13114A191 

Application supplemental June 21, 2013 .................................................................................................................................. ML13175A363 

Application supplemental August 28, 2013 ............................................................................................................................... ML13261A062 

Application supplemental December 6, 2013 ............................................................................................................................ ML13343A169 

Application supplemental December 31, 2013 .......................................................................................................................... ML14002A402 

Application supplemental January 13, 2014 ............................................................................................................................. ML14015A145 

Application supplemental January 28, 2014 ............................................................................................................................. ML14030A055 

HI–STORM FW System FSAR .................................................................................................................................................. ML12363A284 

HI–STORM UMAX Canister Storage System FSAR ................................................................................................................ ML12363A282 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

Web site at http://www.regulations.gov 

under Docket ID NRC–2014–0120. The 

Federal rulemaking Web site allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2014–0120); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Manpower training programs, Nuclear 

materials, Occupational safety and 

health, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR part 72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act secs. 51, 53, 

57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 

187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 

2077, 2092, 2093, 2095, 2099, 2111, 2201, 

2232, 2233, 2234, 2236, 2237, 2239, 2273, 

2282, 2021); Energy Reorganization Act secs. 

201, 202, 206, 211 (42 U.S.C. 5841, 5842, 

5846, 5851); National Environmental Policy 

Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 

Policy Act secs. 131, 132, 133, 135, 137, 141, 

148 (42 U.S.C. 10151, 10152, 10153, 10155, 

10157, 10161, 10168); Government 

Paperwork Elimination Act sec. 1704, (44 

U.S.C. 3504 note); Energy Policy Act of 2005, 

Pub. L. 109–58, 119 Stat. 788 (2005). 

Section 72.44(g) also issued under Nuclear 

Waste Policy Act secs. 142(b) and 148(c), (d) 

(42 U.S.C. 10162(b), 10168(c), (d)). 

Section 72.46 also issued under Atomic 

Energy Act sec. 189 (42 U.S.C. 2239); Nuclear 

Waste Policy Act sec. 134 (42 U.S.C. 10154). 

Section 72.96(d) also issued under Nuclear 

Waste Policy Act sec. 145(g) (42 U.S.C. 

10165(g)). 

Subpart J also issued under Nuclear Waste 

Policy Act secs. 117(a), 141(h) (42 U.S.C. 

10137(a), 10161(h)). 

Subpart K also issued under Nuclear Waste 

Policy Act sec. 218(a) (42 U.S.C. 10198). 

■ 2. Section 72.214 is amended by 

adding Certificate of Compliance 1040 

to read as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1040. 

Initial Certificate Effective Date: April 

6, 2015. 

SAR Submitted by: Holtec 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the Holtec International HI– 

STORM UMAX Canister Storage 

System. 

Docket Number: 72–1040. 

Certificate Expiration Date: March 6, 

2035. 

Model Number: MPC–37, MPC–89. 

Dated at Rockville, Maryland, this 24th day 

of February 2015. 

For the Nuclear Regulatory Commission. 

Mark A. Satorius, 

Executive Director for Operations. 

[FR Doc. 2015–05238 Filed 3–5–15; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2008–BT–STD– 

0015] 

RIN 1904–AB86 

Energy Conservation Program: Energy 

Conservation Standards for Walk-In 

Coolers and Freezers; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; correction. 

SUMMARY: On June 3, 2014, the U.S. 

Department of Energy (DOE) issued a 

final rule adopting conservation 

standards for some classes of walk-in 

cooler and walk-in freezer components. 

The final rule was published with 

typographical errors to some of the 

reported values. DOE is providing 

corrections to address these errors. 

Neither the errors nor the corrections in 

this document affect the substance of 

the rulemaking or any of the 

conclusions reached in support of the 

final rule. 

DATES: This correction is effective 

March 6, 2015. 

FOR FURTHER INFORMATION CONTACT:

Mr. John Cymbalsky, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. Email: 

walk-in_coolers_and_walk-in_freezers@

EE.Doe.Gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Energy (‘‘DOE’’) is 


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