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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
III. Background Section 218a of the Nuclear Waste Policy Act 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 Nuclear Waste Policy Act states, in part, that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219a sic:
218a 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 January 6, 2003 68 FR
463, that approved the Standardized Advanced NUHOMS Horizontal Modular Storage System design and added it to the list of NRC-approved cask designs in 72.214 as Certificate of Compliance No. 1029.

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IV. Discussion of Changes On May 22, 2019, TN Americas, LLC
submitted a request to the NRC to renew, for an additional 40 years, the initial certificate and Amendment Nos.
1, 3, and 4 of Certificate of Compliance No. 1029 for the Standardized Advanced NUHOMS Horizontal Modular Storage System. TN Americas, LLC, supplemented its request on December 4, 2019, and July 10, 2020.
The renewals of the initial certificate and Amendment Nos. 1, 3, and 4 were conducted in accordance with the renewal provisions in 72.240. This section of the NRC spent fuel storage regulations authorizes NRC staff to include any additional certificate conditions it deems necessary to ensure the safe operation of the cask during the
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certificates renewal period. The NRC
included five additional conditions to the renewal of the initial certificate of compliance and Amendment Nos. 1, 3, and 4:
The submittal of an updated final safety analysis report UFSAR to address aging management activities resulting from the renewal of the certificate of compliance. This condition ensures that the UFSAR changes are made in a timely fashion to enable general licensees using the storage system during the period of extended operation to develop and implement necessary procedures.
The requirement that general licensees initiating or using spent fuel dry storage operations with the Standardized Advanced NUHOMS
Horizontal Modular Storage System ensure that their evaluations are included in the reports required by 72.212, Conditions of general license issued under 72.210. These reports will include appropriate considerations for the period of extended operation, a review of the UFSAR changes resulting from the certificate of compliance renewal, and a review of the NRC Safety Evaluation Report SER related to the certificate of compliance renewal.
The requirement that future amendments and revisions to this certificate of compliance include evaluations of the impacts to aging management activities to ensure that they remain adequate for any changes to the structures, systems, and components SSCs.
The requirement that general licensees not use the OS197, OS197H, and OS200FC transfer casks approved under Certificate of Compliance No.
1004 aged 20 years or more to perform the transfer cask functions in the Standardized Advanced NUHOMS
Horizontal Modular Storage System.
This condition prohibits the use of those transfer casks aged 20 years or older because the renewal application for the Certificate of Compliance No. 1004 did not assess performance of the transfer casks after the initial 20-year period.
The requirement that any Standardized Advanced NUHOMS
Horizontal Modular System loaded up to and including those loaded on February 5, 2023, are considered loaded during the term of the initial certificate of compliance.
The NRC made two corresponding changes to the technical specifications for the initial certificate of compliance and Amendment Nos. 1, 3, and 4:
Added text to the Transfer Cask Section to ensure that the requirements of the applicable transfer cask aging management program under the
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Renewed Certificate of Compliance No.
1004 have been satisfied.
Added a section to the initial certificate of compliance and Amendment Nos. 1, 3, and 4 on the aging management program, which includes establishing, implementing, and maintaining written procedures for each aging management program described in the UFSAR.
As documented in the preliminary SER, the NRC performed a safety evaluation of the proposed certificate of compliance renewal request. The NRC
determined that this amendment does not change the cask design or fabrication requirements in the proposed certificate of compliance renewal request. The NRC determined the design of the cask would continue to maintain confinement, shielding, and criticality control in the event of each evaluated accident condition. In addition, any resulting occupational exposure of offsite dose rates from the renewal of the initial certificate of compliance and Amendment Nos. 1, 3, and 4 would remain well within the limits specified by 10 CFR part 20, Standards for Protection Against Radiation. Thus, the NRC found there will be no significant change in the types or amounts of any 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. In its SER for the renewal of the Standardized Advanced NUHOMS Horizontal Modular Storage System, the NRC has determined that if the conditions specified in the certificate of compliance to implement these regulations are met, adequate protection of public health and safety will continue to be reasonably assured.
This direct final rule revises the Standardized Advanced NUHOMS
Horizontal Modular Storage System listing in 72.214 by renewing for 40
more years the initial certificate and Amendment Nos. 1, 3, and 4 of Certificate of Compliance No. 1029. The renewal consists of the changes previously described, as set forth in the renewed initial certificate and amendments and their revised technical specifications. The revised technical specifications are identified in the SER.
V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 Pub. L.
104113 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
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