2025-04650: List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 15

Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025) [Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)] [Proposed Rules] [Pages 13103-13105] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-04650] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Proposed Rules [[Page 13103]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2024-0216] RIN 3150-AL25 List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 1031, Amendment No. 15

Agency

Nuclear Regulatory Commission.

Action

Proposed rule. -----------------------------------------------------------------------

Summary

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the NAC International, Inc. MAGNASTOR[supreg] Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 15 to Certificate of Compliance No. 1031. Amendment No. 15 revises the certificate of compliance to add a new variation of the Lightweight MAGNASTOR[supreg] Transfer Cask design, add a new concrete cask design, increase the maximum system head load capacity, add new loading patterns, add a thermal shunt for short loading patterns, remove the 5 percent burnup penalty, increase Passive MAGNASTOR[supreg] Transfer Cask heat load, add two new pressurized-water reactor fuel types to support future operations, modify the transportable storage canister lid to allow additional clearance near the top center of the basket, and correct and clarify principal design criteria, operating procedures, and the acceptance criteria and maintenance program. This amendment also makes corresponding revisions to previously approved drawings for the concrete cask, Technical Specifications Appendix A and Appendix B, specific chapters of the final safety analysis report, and several license drawings.

Dates

Submit comments by April 21, 2025. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date.

Addresses

Submit your comments, identified by Docket ID NRC-2024-0216, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. You can read a plain language description of this proposed rule at https://www.regulations.gov/docket/NRC-2024-0216. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document.

For Further Information Contact

Irene Wu, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-1951, email: [email protected] and Donald Habib, telephone: 301-415-1035, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Supplementary Information

Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Availability of Documents

II. Rulemaking Procedure

Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. Adequate [[Page 13104]] protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on June 3, 2025. However, if the NRC receives any significant adverse comment by April 21, 2025, then the NRC will publish a document that this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register or as otherwise appropriate. In general, absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. For a more detailed discussion of the proposed rule changes and associated analyses, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register.

III. Background

Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that ``[t]he 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 Nuclear Waste Policy Act states, in part, that ``[t]he 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 that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) 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 in 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 subsequently issued a final rule on November 21, 2008 (73 FR 70587), that approved the NAC International, Inc. MAGNASTOR[supreg] Storage System design and added it to the list of NRC-approved cask designs in Sec. 72.214, ``List of approved spent fuel storage casks,'' as Certificate of Compliance No. 1031.

IV. 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 31885). The NRC requests comment on this proposed rule with respect to clarity and effectiveness of the language used.

V. Availability of Documents

The documents identified in the following table are available to interested persons as indicated. ---------------------------------------------------------------------------------------------------------------- ADAMS accession No./web link/Federal Register Document citation ---------------------------------------------------------------------------------------------------------------- Proposed Certificate of Compliance and Proposed Technical Specifications ---------------------------------------------------------------------------------------------------------------- Proposed Certificate of Compliance No. 1031, Amendment No. ML24340A131. 15. Proposed Certificate of Compliance No. 1031, Amendment No. ML24340A132. 15, Appendix A: Technical Specifications and Design Features. Proposed Certificate of Compliance No. 1031, Amendment No. ML24340A133. 15, Appendix B: Approved Contents. Preliminary Safety Evaluation Report, Certificate of ML24340A134. Compliance No. 1031, Amendment No. 15. ---------------------------------------------------------------------------------------------------------------- NAC International, Inc. MAGNASTOR[supreg] Storage System Amendment No. 15 Request Documents ---------------------------------------------------------------------------------------------------------------- NAC International, Inc., Submission of an Amendment Request ML23241B052 (package). for the MAGNASTOR[supreg] Cask System, Amendment No. 15, dated August 29, 2023. NAC International, Inc., Supplement to the Amendment ML23300A137 (package). Request No. 15 for the MAGNASTOR[supreg] Cask System, dated October 26, 2023. NAC International, Inc., Submission of Responses to the ML24283A084 (package). NRC's Request for Additional Information for MAGNASTOR[supreg] Cask System, Amendment No. 15, dated October 8, 2024. NAC International, Inc., Submission of Data Files to ML24284A267. Support the NRC's Review of MAGNASTOR[supreg] Amendment No. 15, dated October 8, 2024. NAC International, Inc., Submission of a Supplement for ML24344A171 (package). Responses to the NRC's Request for Additional Information for MAGNASTOR[supreg] Cask System, Amendment No. 15, dated December 9, 2024. ---------------------------------------------------------------------------------------------------------------- Other Documents ---------------------------------------------------------------------------------------------------------------- Rulemaking Memorandum for Amendment No. 15 for the ML24340A130. MAGNASTOR[supreg] Storage System, dated January 12, 2025. [[Page 13105]] Final Rule, ``Storage of Spent Fuel in NRC-Approved Storage 55 FR 29181. Casks at Power Reactor Sites,'' published July 18, 1990. Final Rule, ``List of Approved Spent Fuel Storage Casks: 73 FR 70587. MAGNASTOR Addition,'' published November 21, 2008. Revision to Policy Statement, ``Agreement State Program 82 FR 48535. Policy Statement; Correction,'' published October 18, 2017. Presidential Memorandum, ``Plain Language in Government 63 FR 31885. Writing,'' published June 10, 1998. ---------------------------------------------------------------------------------------------------------------- The NRC may post materials related to this document, including public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2024-0216. In addition, the Federal rulemaking website allows members of the public to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) navigate to the docket folder (NRC-2024-0216); (2) click the ``Subscribe'' link; and (3) enter an email address and click on the ``Subscribe'' link. Dated: March 14, 2025. For the Nuclear Regulatory Commission. Mirela Gavrilas, Executive Director for Operations. [FR Doc. 2025-04650 Filed 3-19-25; 8:45 am] BILLING CODE 7590-01-P