2024-31096: List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 14 and Revisions to Amendment Nos. 0 Through 13

Federal Register, Volume 90 Issue 2 (Friday, January 3, 2025) [Federal Register Volume 90, Number 2 (Friday, January 3, 2025)] [Proposed Rules] [Pages 268-271] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-31096] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2024-0180] RIN 3150-AL21 List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 1031, Amendment No. 14 and Revisions to Amendment Nos. 0 Through 13

Agency

Nuclear Regulatory Commission.

Action

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

Summary

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel 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. 14 and revisions to Amendment Nos. 0 through 13 to Certificate of Compliance No. 1031. Amendment No. 14 and revisions to Amendment Nos. 0 [[Page 269]] through 13 revise the certificate of compliance to add a revised method of evaluation for the non-mechanistic tipover accident, clarify in the technical specifications that damaged missing grid spacers only apply to pressurized-water reactor fuel assembles, clarify inlet and outlet vent blockage and surveillance requirements in limiting condition for operation 3.1.2 in Appendix A to the certificate of compliance and associated technical specification bases, and remove the reference to Type II Portland cement in the description of the certificate of compliance. The NRC is also correcting typographical errors in Revision 1 to Amendment Nos. 11 to 13 and Amendment No. 14 to Certificate of Compliance No. 1031.

Dates

Submit comments by February 3, 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-2024-0180, 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-2024-0180. 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 Nishka Devaser, telephone: 301-415-5196, 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. The direct final rule will become effective on March 19, 2025. However, if the NRC receives any significant adverse comment by February 3, 2025, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments in a subsequent final rule. 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. 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 [[Page 270]] 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 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 the 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/ Document Federal Register Citation ------------------------------------------------------------------------ Proposed Certificate of Compliance and Proposed Technical Specifications ------------------------------------------------------------------------ Proposed Certificate of Compliance No. 1031, ML24211A240 Amendment No. 14.................................... Proposed Certificate of Compliance No. 1031, ML24211A241 Amendment No. 14, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A242 Amendment No. 14, Appendix B: Approved Contents..... Proposed Certificate of Compliance No. 1031, ML24211A244 Amendment No. 0, Revision 3......................... Proposed Certificate of Compliance No. 1031, ML24211A245 Amendment No. 0, Revision 3, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A246 Amendment No. 0, Revision 3, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A247 Amendment No. 1, Revision 3......................... Proposed Certificate of Compliance No. 1031, ML24211A248 Amendment No. 1, Revision 3, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A249 Amendment No. 1, Revision 3, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A250 Amendment No. 2, Revision 3......................... Proposed Certificate of Compliance No. 1031, ML24211A251 Amendment No. 2, Revision 3, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A252 Amendment No. 2, Revision 3, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A253 Amendment No. 3, Revision 3......................... Proposed Certificate of Compliance No. 1031, ML24211A254 Amendment No. 3, Revision 3, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A255 Amendment No. 3, Revision 3, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A256 Amendment No. 4, Revision 2......................... Proposed Certificate of Compliance No. 1031, ML24211A257 Amendment No. 4, Revision 2, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A258 Amendment No. 4, Revision 2, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A259 Amendment No. 5, Revision 2......................... Proposed Certificate of Compliance No. 1031, ML24211A260 Amendment No. 5, Revision 2, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A261 Amendment No. 5, Revision 2, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A262 Amendment No. 6, Revision 2......................... Proposed Certificate of Compliance No. 1031, ML24211A263 Amendment No. 6, Revision 2, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A264 Amendment No. 6, Revision 2, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A265 Amendment No. 7, Revision 2......................... Proposed Certificate of Compliance No. 1031, ML24211A266 Amendment No. 7, Revision 2, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A267 Amendment No. 7, Revision 2, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A268 Amendment No. 8, Revision 2......................... Proposed Certificate of Compliance No. 1031, ML24211A269 Amendment No. 8, Revision 2, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A270 Amendment No. 8, Revision 2, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A271 Amendment No. 9, Revision 2......................... Proposed Certificate of Compliance No. 1031, ML24211A272 Amendment No. 9, Revision 2, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A273 Amendment No. 9, Revision 2, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A274 Amendment No. 10, Revision 1........................ [[Page 271]] Proposed Certificate of Compliance No. 1031, ML24211A275 Amendment No. 10, Revision 1, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A276 Amendment No. 10, Revision 1, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A277 Amendment No. 11, Revision 1........................ Proposed Certificate of Compliance No. 1031, ML24211A278 Amendment No. 11, Revision 1, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A279 Amendment No. 11, Revision 1, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A280 Amendment No. 12, Revision 1........................ Proposed Certificate of Compliance No. 1031, ML24211A281 Amendment No. 12, Revision 1, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A282 Amendment No. 12, Revision 1, Appendix B: Approved Contents............................................ Proposed Certificate of Compliance No. 1031, ML24211A283 Amendment No. 13, Revision 1........................ Proposed Certificate of Compliance No. 1031, ML24211A284 Amendment No. 13, Revision 1, Appendix A: Technical Specifications and Design Features.................. Proposed Certificate of Compliance No. 1031, ML24211A285 Amendment No. 13, Revision 1, Appendix B: Approved Contents............................................ Preliminary Safety Evaluation Report, Certificate of ML24211A243 Compliance No. 1031, Amendment No. 14 and Revision to Amendment Nos. 0 through 13...................... ------------------------------------------------------------------------ NAC International, Inc. MAGNASTOR[supreg] Storage System Amendment No. 14 and Revisions to Amendment Nos. 0 through 13 Request Documents ------------------------------------------------------------------------ NAC International, Inc., Submission of an Amendment ML23205A238 Request for the MAGNASTOR[supreg] Cask System, Amendment No. 14, dated July 24, 2023............... NAC International, Inc., Submission of Data Files to ML23208A062 Support the NRC Review of MAGNASTOR[supreg] Amendment No. 14, dated July 24, 2023............... NAC International, Inc., Submission of Responses to ML24179A071 the NRC Request for Additional Information for (package) MAGNASTOR[supreg] Cask System, Amendment No. 14, dated June 26, 2024................................. NAC International, Inc., Supplement to the Amendment ML23291A167 Request No. 14 for the MAGNASTOR[supreg] Cask System, dated October 18, 2023...................... NAC International, Inc., Supplement to the Amendment ML24219A227 Request No. 14 for the MAGNASTOR[supreg] Cask System, dated August 6, 2024........................ NAC International, Inc., MAGNASTOR[supreg] Cask ML22216A110 System Users Certificate of Compliance No. 1031 Amendment Nos. 0 through 9 Intent to Adopt Letters, dated August 4, 2022................................ ------------------------------------------------------------------------ Other Documents ------------------------------------------------------------------------ Rulemaking Memorandum for Amendment No. 14 and ML24211A239 Revision to Amendment Nos. 0 through 13 for the MAGNASTOR[supreg] Storage System, dated September 20, 2024............................................ Final Rule, ``Storage of Spent Fuel in NRC-Approved 55 FR 29181 Storage Casks at Power Reactor Sites,'' published July 18, 1990....................................... Final Rule, ``List of Approved Spent Fuel Storage 73 FR 70587 Casks: MAGNASTOR Addition,'' published November 21, 2008................................................ Revision to Policy Statement, ``Agreement State 82 FR 48535 Program Policy Statement; Correction,'' published October 18, 2017.................................... Presidential Memorandum, ``Plain Language in 63 FR 31885 Government Writing,'' published June 10, 1998....... Regulatory Issue Summary 2017-05, ``Administration of ML17165A183 10 CFR Part 72 Certificate of Compliance Corrections and Revisions''..................................... ------------------------------------------------------------------------ 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-2024-0180. 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-2024-0180); (2) click the ``Subscribe'' link; and (3) enter an email address and click on the ``Subscribe'' link. Dated: December 20, 2024. For the Nuclear Regulatory Commission. Mirela Gavrilas, Executive Director for Operations. [FR Doc. 2024-31096 Filed 1-2-25; 8:45 am] BILLING CODE 7590-01-P