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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
alternative, interested licensees would have to prepare, and the NRC would have to review, each separate license application, thereby increasing the administrative burden upon the NRC
and the costs to each licensee.
In summary, the no-action alternative would entail either 1 more environmental impacts than the preferred action from transferring the spent fuel now in the TN68 Dry Storage Cask; or 2 cost and administrative impacts from multiple licensing actions that, in aggregate, are likely to be the same as, or more likely greater than, the preferred action.
E. Alternative Use of Resources Renewal of the initial certificate and Amendment No. 1 to Certificate of Compliance No. 1027 would result in no irreversible commitment 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
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The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in subpart A of 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN
68 Dry Storage Cask, Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No. 1, 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 direct final rule.
IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq.. Existing collections of information were approved by the Office of Management and Budget, approval number 31500132.
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
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displays a currently valid Office of Management and Budget control number.
X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 5 U.S.C. 605b, the NRC
certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and TN Americas LLC.
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 2.810.
XI. 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 1
it notifies the NRC in advance; 2 the spent fuel is stored under the conditions specified in the casks certificate of compliance; and 3 the conditions of the general license are met. A list of NRC-approved cask designs is contained in 72.214. On April 28, 2000 65 FR
24855, the NRC issued an amendment to 10 CFR part 72 that approved the TN
Americas LLC, TN68 Dry Storage Cask by adding it to the list of NRC-approved cask designs in 72.214 as Certificate of Compliance No. 1027.
On April 9, 2020, and as supplemented on July 29, 2020;
February 9, 2021; and March 24, 2021, TN Americas LLC requested a renewal of the initial certificate and Amendment No. 1 of the TN68 Dry Storage Cask system for an additional 40 years beyond the initial certificate term as discussed in Section IV, Discussion of Changes, of this document. Because TN Americas LLC filed its renewal application at least 30 days before the certificate expiration date of May 20, 2020, pursuant to the timely renewal provisions in 72.240b, the initial issuance of the certificate and Amendment No. 1 of Certificate of Compliance No. 1027 did not expire during the pendency of the NRCs review.
The alternative to this action is to deny approval of the renewal of the initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
and end this direct final rule. Under this alternative, the NRC would either 1
require general licensees using the TN
68 Dry Storage Cask system to unload
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spent fuel from these systems and return it to a spent fuel pool or re-load it into a different dry storage cask system listed in 72.214, or 2 require that users of the existing TN68 Dry Storage Cask system request site-specific licensing proceedings to continue storage in these systems. Therefore, the no-action alternative would result in a significant burden on licensees and an additional inspection or licensing caseload on the NRC. In addition, the no action alternative would entail either 1 more environmental impacts than the preferred action from transferring the spent fuel now in the TN68 Dry Storage Cask system, or 2 cost and administrative impacts from multiple licensing actions that, in aggregate, are likely to be the same as, or more likely greater than, the preferred action.
Approval of this direct final rule is consistent with previous NRC actions.
Further, as documented in the preliminary SER and environmental assessment, this direct final rule will have no adverse effect on public health and safety or the environment. This direct 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 this direct final rule are commensurate with the NRCs responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory;
therefore, this action is recommended.
XII. Backfitting and Issue Finality The NRC has determined that the backfit rule 72.62 does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule renews Certificate of Compliance No. 1027 for the TN Americas LLC, TN
68 Dry Storage Cask system, as currently listed in 72.214, to extend the expiration date of the initial certificate and Amendment No. 1 by 40 years. The renewed initial certificate and Amendment No. 1 consist of the changes previously described, as set forth in the revised certificate of compliance and technical specifications.
Extending the effective date of the initial certificate and Amendment No. 1
for 40 more years and requiring the implementation of aging management activities does not impose any modification or addition to the design of a cask systems SSCs, or to the procedures or organization required to operate the system during the initial 20year storage period of the system, as authorized by the current certificate.
General licensees that have loaded these
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