[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Rules and Regulations]
[Pages 12073-12078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05238]



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

[[Page 12073]]



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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#82c1e3f0edeeacc5e3eeeee3e5eae7f0c2ecf0e1ace5edf4"><span class="__cf_email__" data-cfemail="46052734292a6801272a2a27212e23340628342568212930">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#c7b7a3b5e9b5a2b4a8b2b5a4a287a9b5a4e9a0a8b1"><span class="__cf_email__" data-cfemail="cebeaabce0bcabbda1bbbcadab8ea0bcade0a9a1b8">[email protected]</span></a>. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#4c0b3e292b233e3562183e393f3f2920200c223e2f622b233a"><span class="__cf_email__" data-cfemail="92d5e0f7f5fde0ebbcc6e0e7e1e1f7fefed2fce0f1bcf5fde4">[email protected]</span></a>.

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

[[Page 12074]]

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 multi-purpose 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 
Chloride-Induced 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

[[Page 12075]]

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 13\1/2\ 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.

[[Page 12076]]

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 tornado-generated 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

[[Page 12077]]

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 HI-STORM 
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

[[Page 12078]]

 
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

0
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).


0
2. Section 72.214 is amended by adding Certificate of Compliance 1040 
to read as follows:


Sec.  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


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