90 FR 38 pgs. 10781-10786 - List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8

Type: RULEVolume: 90Number: 38Pages: 10781 - 10786
Docket number: [NRC-2024-0200]
FR document: [FR Doc. 2025-03091 Filed 2-26-25; 8:45 am]
Agency: Nuclear Regulatory Commission
Official PDF Version:  PDF Version
Pages: 10781, 10782, 10783, 10784, 10785, 10786

[top] page 10781

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0200]

RIN 3150-AL23

List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8

AGENCY:

Nuclear Regulatory Commission.

ACTION:

Direct final rule.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC Multi-Purpose Canister (NAC-MPC) System listing within the "List of approved spent fuel storage casks" to include Amendment No. 9 and revise Amendment Nos. 6, 7, and 8 to Certificate of Compliance (CoC) No. 1025. The addition of Amendment No. 9 and the revisions to Amendment Nos. 6, 7, and 8 amend the description of the vertical concrete cask (VCC) in the CoC and technical specifications to make a distinction between the VCC body and the VCC lid, in terms of applicability of the American Concrete Institute (ACI) Specifications ACI 349 and ACI 318.

DATES:

This direct final rule is effective May 13, 2025, unless significant adverse comments are received by March 31, 2025. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register . 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. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register .

ADDRESSES:

Submit your comments, identified by Docket ID NRC-2024-0200, 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 direct final rule at https://www.regulations.gov/docket/NRC-2024-0200. 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:

Kristina Banovac, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-7116, email: kristina.banovac@nrc.gov or Amy McKenna, Office of Nuclear Material Safety and Safeguards, email: amy.mckenna@nrc.gov. 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. Discussion of Changes

V. Voluntary Consensus Standards

VI. Agreement State Compatibility

VII. Plain Writing

VIII. Environmental Assessment and Finding of No Significant Impact

IX. Paperwork Reduction Act Statement

X. Regulatory Flexibility Certification

XI. Regulatory Analysis

XII. Backfitting and Issue Finality

XIII. Congressional Review Act

XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2024-0200 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:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0200. Address questions about NRC dockets to Helen Chang, telephone: 301-415-3407, email: Helen.Chang@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the "Availability of Documents" section.

NRC's PDR: You may examine and purchase copies of public documents, by appointment, at the NRC's PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal rulemaking website ( https://www.regulations.gov ). Please include Docket ID NRC-2024-0200 in your comment submission.

The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.


[top] If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment page 10782 submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

This rule is limited to the changes contained in Amendment No. 9 and the revision to Amendment Nos. 6, 7, and 8 to CoC No. 1025 and does not include other aspects of the NAC-MPC System design. The NRC is using the "direct final rule procedure" to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial. Adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on May 13, 2025. However, if the NRC receives any significant adverse comment on this direct final rule by March 31, 2025, then the NRC will publish a document that withdraws 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.

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.

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 March 9, 2000 (65 FR 12444), that approved the NAC-MPC system design and added it to the list of NRC-approved cask designs in §?72.214 as CoC No. 1025.

IV. Discussion of Changes

On September 7, 2023 (ML23250A056), NAC International, Inc. submitted a request to the NRC to amend CoC No. 1025. NAC International, Inc. supplemented its request on the following dates: February 14, 2024 (ML24040A027), May 14, 2024 (ML24135A322), July 10, 2024 (ML24193A110), and August 27, 2024 (ML24240A133). The addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 revises the renewed CoC to:

• Revise the NAC-MPC system description in the CoC to distinguish between the VCC body and VCC lid and clearly indicate that only the VCC body is a reinforced concrete structure.

• Revise the CoC appendix A (Appendix A, "Technical Specifications") definitions, by revising the definition of VCC, and adding a new definition for VCC lid.

• Revise the CoC appendix B (Appendix B, "Approved Contents and Design Features"), Section 3.3, "Codes and Standards" to indicate that the ACI 349 and ACI 318 govern the design and construction only of the VCC body. New text is added to provide the fabrication requirements for the concrete in the VCC lid to include:

-the minimum concrete density,

-the allowable methods for measuring the density of the concrete in the VCC lid, and

-requirements for the concrete mix, placement, and curing methods used in the construction of the concrete in the VCC lid.

• Correct conflicting information in the final safety analysis report design bases regarding the minimum concrete density in the VCC lid, to indicate a minimum concrete density of 140 pounds per cubic foot (pcf) and revise the shielding analysis and calculation to reflect the 140 pcf concrete density.

The changes to the aforementioned documents are identified with revisions bars in the margin of each document.

As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that 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 or offsite dose rates from the addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 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.


[top] The NRC staff determined that the amended NAC-MPC system design, when used under the conditions specified in the CoC, the technical specifications, 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 reasonably assured. When this direct final rule becomes page 10783 effective, persons who hold a general license under §?72.210 may, consistent with the license conditions under §?72.212, load spent nuclear fuel into NAC-MPC system that meet the criteria in the addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 to CoC No. 1025.

V. 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 direct final rule, the NRC revises the NAC-MPC system design listed in §?72.214, "List of approved spent fuel storage casks." This action does not constitute the establishment of a standard that contains generally applicable requirements.

VI. Agreement State Compatibility

Under the "Agreement State Program Policy Statement" approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility Category NRC-Areas of Exclusive NRC Regulatory Authority. 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 chapter I. Therefore, compatibility is not required for program elements in this category.

VII. 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).

VIII. Environmental Assessment and Finding of No Significant Impact

Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in 10 CFR part 51, "Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions," the NRC has determined that this direct final 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 based on this environmental assessment.

A. The Action

The action is to amend §?72.214 to revise the NAC-MPC system listing within the "List of approved spent fuel storage casks" to add Amendment No. 9 and revise Amendment Nos. 6, 7, and 8 to Certificate of Compliance No. 1025.

B. The Need for the Action

This direct final rule amends the certificate of compliance for the NAC-MPC system design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 revises the CoC to:

• Revise the NAC-MPC system description in the CoC to distinguish between the VCC body and VCC lid and clearly indicate that only the VCC body is a reinforced concrete structure.

• Revise the CoC appendix A (Appendix A, "Technical Specifications") definitions, by revising the definition of VCC, and adding a new definition for VCC lid.

• Revise the CoC appendix B (Appendix B, "Approved Contents and Design Features"), Section 3.3, "Codes and Standards" to indicate that the ACI 349 and ACI 318 govern the design and construction only of the VCC body. New text is added to provide the fabrication requirements for the concrete in the VCC lid to include:

-the minimum concrete density,

-the allowable methods for measuring the density of the concrete in the VCC lid, and

-requirements for the concrete mix, placement, and curing methods used in the construction of the concrete in the VCC lid.

• Correct conflicting information in the final safety analysis report design bases regarding the minimum concrete density in the VCC lid, to indicate a minimum concrete density of 140 pounds per cubic foot (pcf) and revise the shielding analysis and calculation to reflect the 140 pcf concrete density.

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 analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 tiers from 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 of 1969, as amended.

The NAC-MPC system is 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 independent spent fuel storage installation, 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, can 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.

This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of the addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 would remain well within the 10 CFR part 20 limits. The NRC has also determined that the design of the cask as modified by this rule would maintain confinement, shielding, and criticality control in the event of an accident. Therefore, the proposed changes will not result in any 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 any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report.

D. Alternative to the Action


[top] The alternative to this action is to deny approval of the addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into page 10784 NAC-MPC system design in accordance with the changes described in proposed addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 would have to request an exemption from the requirements of §§?72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. The environmental impacts would be the same as the proposed action.

E. Alternative Use of Resources

Approval of the addition of Amendment No. 9 and revision of Amendment Nos. 6, 7, and 8 to CoC No. 1025 would result in no irreversible and irretrievable commitments of Federal 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 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." Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, "NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8," 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 3150-0132.

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 currently valid Office of Management and Budget control number.

X. Regulatory Flexibility Certification

Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), 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 NAC International, Inc. 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 cask's CoC; and (3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in §?72.214. On March 9, 2000 (65 FR 12444), the NRC issued an amendment to 10 CFR part 72 that approved the NAC-MPC system by adding it to the list of NRC-approved cask designs in §?72.214.

On September 7, 2023 (ML23250A056), and as supplemented on February 14, 2024 (ML24040A027), May 14, 2024 (ML24135A322), July 10, 2024 (ML24193A110), and August 27, 2024 (ML24240A133), NAC International, Inc. submitted a request to amend the NAC-MPC system as described in Section IV, "Discussion of Changes," of this document.

The alternative to this action is to withhold approval of the addition of Amendment No. 9, and revision of Amendment Nos. 6, 7, and 8 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the NAC-MPC system, CoC No. 1025, under the changes described in the addition of Amendment No. 9, and revision of Amendment Nos. 6, 7, and 8, to request an exemption from the requirements of §§?72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee.

Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report 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 NRC's 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

General licensees using the specific CoC amendments that are being revised are required to meet the conditions of the revised CoC. The NRC added a condition to the revised CoC that requires the general licensees to implement the revised CoC within six months and perform written evaluations in accordance with 10 CFR 72.212(b)(5), which establish that the cask will conform to the terms, conditions, and specifications of the revised CoC. The six-month timeframe in the condition is considered a standard timeframe for implementation, consistent with the information in Regulatory Issue Summary 2017-05, "Administration of 10 CFR Part 72 Certificate of Compliance Corrections and Revisions." Additionally, the implementation timeframe was recognized by the applicant and the general licensees using these amendments (ML23250A056 and ML24193A110).

For the following reasons, the NRC has determined that the regulations in 10 CFR 72.62, "Backfitting," do not apply to this direct final rule. This direct final rule revises Amendment Nos. 6, 7, and 8 for renewed CoC No. 1025 for the NAC-MPC System, as currently listed in 10 CFR 72.214, "List of approved spent fuel storage casks." Revision 1 to Amendment Nos. 6, 7, and 8 to renewed CoC No. 1025 revises the NAC-MPC system description to distinguish between the VCC body and VCC lid, revise the definition of VCC and add a new definition for VCC lid, and add new fabrication requirements for the concrete in the VCC lid.


[top] NAC International, Inc. has manufactured casks under existing CoC No. 1025, Amendment Nos. 6, 7, or 8, that are being revised by this final rule. As the vendor, NAC International, Inc. is not within the scope of the backfitting provisions in 10 CFR 72.62. page 10785

Under 10 CFR 72.62, general licensees are entities that are within the scope of the backfitting regulations. However, according to NAC International, Inc. (ML24193A110), no general licensees are currently storing NAC-MPC systems under CoC No. 1025, Amendment No. 6, which is, in part, the subject of these revisions. Therefore, because CoC No. 1025, Amendment No. 6 is not in use by a licensee, the changes in the revision to CoC No. 1025, Amendment No. 6, which are approved in this direct final rule do not fall within the definition of backfitting under 10 CFR 72.62.

Dairyland Power Cooperative at its La Crosse Boiling Water Reactor independent spent fuel storage installation (ISFSI) is the only general licensee using Amendment No. 7 that could be affected by the issuance of Revision 1 to Amendment No. 7. In its letters to NAC (ML23250A056 and ML24193A110), Dairyland Power Cooperative stated that it intends to implement the revision to Amendment No. 7, as soon as practical after it is issued, and noted that all previously fabricated systems on site will be recertified to the adopted amendment revision. Because the licensee voluntarily intends to implement the revision, the issuance of Revision 1 to Amendment No. 7 does not fall within the definition of backfitting under 10 CFR 72.62.

Connecticut Yankee Atomic Power Company at its Haddam Neck Plant ISFSI and Yankee Atomic Electric Company at its Yankee Nuclear Power Station ISFSI are the two general licensees using Amendment No. 8 that could be affected by the issuance of Revision 1 to Amendment No. 8. In its letter to NAC (ML23250A056), Connecticut Yankee Atomic Power Company stated that it intends to adopt Revision 1 to Amendment No. 8 following NRC approval and issuance. Yankee Atomic Electric Company also stated in its letter (ML23250A056) that it intends to adopt Revision 1 to Amendment No. 8 following NRC approval and issuance. The licensees noted that the proposed changes do not directly impact the Haddam Neck Plant ISFSI and Yankee Nuclear Power Station ISFSI, because the sites utilize solid carbon steel lids for the VCCs they store. Because both licensees voluntarily intend to implement the revision, issuance of Revision 1 to Amendment No. 8 does not fall within the definition of backfitting under 10 CFR 72.62.

XIII. Congressional Review Act

This direct final rule is not a rule as defined in the Congressional Review Act.

XIV. Availability of Documents

The documents identified in the following table are available to interested persons as indicated.

Document ADAMS accession No./web link/ Federal Register citation
NAC-MPC System, Certificate of Compliance No. 1025, Amendment No. 9 and Revision to Amendment Nos. 6, 7, and 8
Request Documents
Submission of an Amendment Request for the NAC International MPC Cask System Amendment No. 9 ML23250A056
NAC International, Supplement to the Submission of an Amendment Request for the NAC International MPC Amendment No. 9 (Package) ML24040A027
Submission of Responses to the NRC's Request for Additional Information (RAI) to the Amendment Request for the NAC International MPC (Package) ML24135A322
Supplement to Application for NAC-MPC Certificate of Compliance No. 1025, Amendment No. 9 and Revisions to Amendment Nos. 6, 7, and 8 (Package) ML24193A110
8-27-2024 Email-Supplement to Application for NAC-MPC, Certificate of Compliance No. 1025, Amendment No. 9 and Revisions to Amendment Nos. 6, 7, and 8 ML24240A133
Proposed Certificate of Compliance and Technical Specifications Documents
User Need Memo for Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8, of the Renewed Certificate of Compliance No. 1025 for the NAC Multi-Purpose Canister System ML24242A047
Proposed Renewed CoC No. 1025, Amd. 6, Rev. 1 ML24242A048
Proposed Renewed CoC No. 1025, Amd. 6, Rev. 1, Appendix A and Appendix B ML24242A049
Proposed Renewed CoC No. 1025, Amd. 7, Rev. 1 ML24242A050
Proposed Renewed CoC No. 1025, Amd. 7, Rev. 1, Appendix A and Appendix B ML24242A051
Proposed Renewed CoC No. 1025, Amd. 8, Rev. 1 ML24242A052
Proposed Renewed CoC No. 1025, Amd. 8, Rev. 1, Appendix A and Appendix B ML24242A053
Proposed Renewed CoC No. 1025, Amd. 9 ML24242A054
Proposed Renewed CoC No. 1025, Amd. 9, Appendix A and Appendix B ML24242A055
Preliminary Safety Evaluation Report
Preliminary Safety Evaluation Report for CoC No. 1025, Amd. 9 and Revisions to Amds. 6, 7, and 8 ML24242A056
Other Documents
Final Rule, "Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites," published July 18, 1990 55 FR 29181
Presidential Memorandum, "Plain Language in Government Writing," published June 10, 1998 63 FR 31885
Revision to Policy Statement, "Agreement State Program Policy Statement; Correction," published October 18, 2017 82 FR 48535
Final Rule, "List of Approved Spent Fuel Storage Casks: NAC-MPC Addition," published March 9, 2000 65 FR 12444


[top] 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-2024-0200. 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-2024-0200); (2) click the "Subscribe" page 10786 link; and (3) enter an email address and click on the "Subscribe" link.

List of Subjects in 10 CFR Part 72

Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, 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; the Nuclear Waste Policy Act of 1982, 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

1. The authority citation for part 72 continues to read as follows:

Authority:

Atomic Energy Act of 1954, 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, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note.

2. In §?72.214, Certificate of Compliance No. 1025 is revised to read as follows:

§?72.214 List of approved spent fuel storage casks.

Certificate Number: 1025.

Initial Certificate Effective Date: April 10, 2000, superseded by Renewed Initial Certificate Effective Date: October 17, 2023.

Amendment Number 1 Effective Date: November 13, 2001, superseded by Renewed Amendment Number 1 Effective Date: October 17, 2023.

Amendment Number 2 Effective Date: May 29, 2002, superseded by Renewed Amendment Number 2 Effective Date: October 17, 2023.

Amendment Number 3 Effective Date: October 1, 2003, superseded by Renewed Amendment Number 3 Effective Date: October 17, 2023.

Amendment Number 4 Effective Date: October 27, 2004, superseded by Renewed Amendment Number 4 Effective Date: October 17, 2023.

Amendment Number 5 Effective Date: July 24, 2007, superseded by Renewed Amendment Number 5 Effective Date: October 17, 2023.

Amendment Number 6 Effective Date: October 4, 2010, superseded by Renewed Amendment Number 6 Effective Date: October 17, 2023, superseded by Renewed Amendment Number 6, Revision 1 Effective Date May 13, 2025.

Amendment Number 7 Effective Date: March 4, 2019, superseded by Renewed Amendment Number 7 Effective Date: October 17, 2023, superseded by Renewed Amendment Number 7, Revision 1 Effective Date May 13, 2025.

Amendment Number 8 Effective Date: March 4, 2019, superseded by Renewed Amendment Number 8 Effective Date: October 17, 2023, superseded by Renewed Amendment Number 8, Revision 1 Effective Date May 13, 2025.

Renewed Amendment Number 9 Effective Date: May 13, 2025.

Safety Analysis Report (SAR) Submitted by: NAC International, Inc.

SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose Canister System (NAC-MPC System).

Docket Number: 72-1025.

Certificate Expiration Date: May 31, 2020.

Renewed Certificate Expiration Date: April 10, 2060.

Model Number: NAC-MPC System.

For the Nuclear Regulatory Commission.

Dated: February 12, 2025.

Mirela Gavrilas,

Executive Director for Operations.

[FR Doc. 2025-03091 Filed 2-26-25; 8:45 am]

BILLING CODE 7590-01-P