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[NRC-2021-0134]
[NRC-2021-0134]
RIN 3150-AK67 List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, Renewal of Initial Certificate and Amendment No. 1 AGENCY: Nuclear Regulatory Commission.
RIN 3150-AK67 List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, Renewal of Initial Certificate and Amendment No. 1 AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
ACTION: Proposed rule.  


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel regulations by revising the TN Americas LLC, TN-32 Dry Storage Cask listing within the List of approved spent fuel storage casks to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1021.
: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel regulations by revising the TN Americas LLC, TN-32 Dry Storage Cask listing within the List of approved spent fuel storage casks to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1021.
The renewal of the initial certificate and Amendment No. 1 revises the certificate of compliances conditions and technical specifications to address aging management activities related to the structures, systems, and components of the dry storage system to ensure that these will maintain their intended functions during the period of extended storage operations. The scope of the Certificate of Compliance No. 1021 renewal includes spent fuel storage cask models TN-32, TN-32A, and TN-32B.
The renewal of the initial certificate and Amendment No. 1 revises the certificate of compliances conditions and technical specifications to address aging management activities related to the structures, systems, and components of the dry storage system to ensure that these will maintain their intended functions during the period of extended storage operations. The scope of the Certificate of Compliance No. 1021 renewal includes spent fuel storage cask models TN-32, TN-32A, and TN-32B.
DATES: Submit comments by December 6, 2021. 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.
DATES: Submit comments by December 6, 2021. 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-2021-0134, 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.
2 ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0134, 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.
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
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: Christian Jacobs, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6825, email:
FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6825, email:
Line 35: Line 35:
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS:
TABLE OF CONTENTS:
I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2021-0134 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:
I.
* Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0134. Address questions about NRC dockets to Dawn 2
Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2021-0134 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-2021-0134. Address questions about NRC dockets to Dawn  


Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.
3 Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* NRCs 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 NRCs 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.
NRCs 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 NRCs 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.
* Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST),
Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST),
Monday through Friday, except Federal holidays.
Monday through Friday, except Federal holidays.
B. Submitting Comments Please include Docket ID NRC-2021-0134 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website 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.
B. Submitting Comments Please include Docket ID NRC-2021-0134 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website 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.
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.
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.  
3


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 submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
4 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 submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure Because the NRC considers this action to be noncontroversial, 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 January 19, 2022. However, if the NRC receives any significant adverse comments by December 6, 2021, 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. 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.
II. Rulemaking Procedure Because the NRC considers this action to be noncontroversial, 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 January 19, 2022. However, if the NRC receives any significant adverse comments by December 6, 2021, 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. 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 rules underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules 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:
: 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; 4
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.
5 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.
: 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.
: 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.
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.
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 5
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.
6 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 20, 2000 (65 FR 14790), that approved the TN-32 Dry Storage Cask System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1021.
The NRC subsequently issued a final rule on March 20, 2000 (65 FR 14790), that approved the TN-32 Dry Storage Cask System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1021.
IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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.
IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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.
V. Availability of Documents The documents identified in the following table are available to interested persons, as indicated.
DOCUMENT                             ADAMS ACCESSION NO.
DOCUMENT ADAMS ACCESSION NO.
TN Americas LLC Renewal Application for         ML20065J427 the TN-32 Dry Storage Cask Certificate of Compliance No. 1021, dated March 5, 2020 TN Americas LLC Response to Request for         ML20316A030 Additional Information for the Application for the Renewal of Certificate of Compliance No.
TN Americas LLC Renewal Application for the TN-32 Dry Storage Cask Certificate of Compliance No. 1021, dated March 5, 2020 ML20065J427 TN Americas LLC Response to Request for Additional Information for the Application for the Renewal of Certificate of Compliance No.
1021, dated November 11, 2020 6
1021, dated November 11, 2020 ML20316A030


DOCUMENT                           ADAMS ACCESSION NO.
7 DOCUMENT ADAMS ACCESSION NO.
Supplemental Response to Request for           ML21036A237 Additional Information for the TN Americas LLC Application for Renewal of the TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, dated February 5, 2021 Supplemental Response to Request for           ML21076A040 Additional Information for the TN Americas LLC Application for Renewal of the TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, dated March 17, 2021 User Need Memorandum for Rulemaking for         ML21127A079 Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-32 Dry Storage Cask, dated July 29, 2021 Preliminary Safety Evaluation Report for the ML21127A082 TN-32 Dry Storage Cask Certificate of Compliance Renewal Proposed Certificate of Compliance No.         ML21127A080 1021, Renewed Initial Certificate Proposed Technical Specifications, Appendix ML21127A083 A, Certificate of Compliance No. 1021, Renewed Initial Certificate Proposed Certificate of Compliance No.         ML21127A081 1021, Renewed Amendment No. 1 Proposed Technical Specifications, Appendix ML21127A084 A, Certificate of Compliance No. 1021, Renewed Amendment No. 1 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-2021-0134.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, dated February 5, 2021 ML21036A237 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, dated March 17, 2021 ML21076A040 User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-32 Dry Storage Cask, dated July 29, 2021 ML21127A079 Preliminary Safety Evaluation Report for the TN-32 Dry Storage Cask Certificate of Compliance Renewal ML21127A082 Proposed Certificate of Compliance No.
1021, Renewed Initial Certificate ML21127A080 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1021, Renewed Initial Certificate ML21127A083 Proposed Certificate of Compliance No.
1021, Renewed Amendment No. 1 ML21127A081 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1021, Renewed Amendment No. 1 ML21127A084 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-2021-0134.
Dated: October 25, 2021.
Dated: October 25, 2021.
For the Nuclear Regulatory Commission.
For the Nuclear Regulatory Commission.  
                                    /RA/
/RA/
Daniel H. Dorman, Executive Director for Operations.
Daniel H. Dorman, Executive Director for Operations.}}
7}}

Latest revision as of 06:53, 29 November 2024

Companion Proposed Rule - Amendment to List of Approved Spent Fuel Storage Casks: Tn Americas LLC, TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, Renewal of Initial Certificate and Amendment No. 1
ML21221A254
Person / Time
Issue date: 10/25/2021
From: Dan Dorman
NRC/EDO
To:
Kenny C 301-415-7150
Shared Package
ML21221A249 List:
References
NRC-2021-0134, OEDO-18-00007, RIN 3150-AK67 86 FR 61081; 11/5/2021, NRC-2021-0134, OEDO-18-0007, RIN 3150-AK67
Download: ML21221A254 (7)
v • d • e


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72

[NRC-2021-0134]

RIN 3150-AK67 List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, Renewal of Initial Certificate and Amendment No. 1 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 TN Americas LLC, TN-32 Dry Storage Cask listing within the List of approved spent fuel storage casks to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1021.

The renewal of the initial certificate and Amendment No. 1 revises the certificate of compliances conditions and technical specifications to address aging management activities related to the structures, systems, and components of the dry storage system to ensure that these will maintain their intended functions during the period of extended storage operations. The scope of the Certificate of Compliance No. 1021 renewal includes spent fuel storage cask models TN-32, TN-32A, and TN-32B.

DATES: Submit comments by December 6, 2021. 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.

2 ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0134, 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.

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: Christian Jacobs, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6825, email:

Christian.Jacobs@nrc.gov and Caylee Kenny, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7150, email: Caylee.Kenny@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. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2021-0134 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-2021-0134. Address questions about NRC dockets to Dawn

3 Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

NRCs 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 NRCs 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.

Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST),

Monday through Friday, except Federal holidays.

B. Submitting Comments Please include Docket ID NRC-2021-0134 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website 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.

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.

4 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 submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

II. Rulemaking Procedure Because the NRC considers this action to be noncontroversial, 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 January 19, 2022. However, if the NRC receives any significant adverse comments by December 6, 2021, 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. 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 rules 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;

5 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 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

6 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 20, 2000 (65 FR 14790), that approved the TN-32 Dry Storage Cask System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1021.

IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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.

DOCUMENT ADAMS ACCESSION NO.

TN Americas LLC Renewal Application for the TN-32 Dry Storage Cask Certificate of Compliance No. 1021, dated March 5, 2020 ML20065J427 TN Americas LLC Response to Request for Additional Information for the Application for the Renewal of Certificate of Compliance No.

1021, dated November 11, 2020 ML20316A030

7 DOCUMENT ADAMS ACCESSION NO.

Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, dated February 5, 2021 ML21036A237 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, dated March 17, 2021 ML21076A040 User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-32 Dry Storage Cask, dated July 29, 2021 ML21127A079 Preliminary Safety Evaluation Report for the TN-32 Dry Storage Cask Certificate of Compliance Renewal ML21127A082 Proposed Certificate of Compliance No.

1021, Renewed Initial Certificate ML21127A080 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1021, Renewed Initial Certificate ML21127A083 Proposed Certificate of Compliance No.

1021, Renewed Amendment No. 1 ML21127A081 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1021, Renewed Amendment No. 1 ML21127A084 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-2021-0134.

Dated: October 25, 2021.

For the Nuclear Regulatory Commission.

/RA/

Daniel H. Dorman, Executive Director for Operations.

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