[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Notices]
[Pages 52709-52711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25007]



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NUCLEAR REGULATORY COMMISSION
[Docket 72-14]
Environmental Assessment and Finding of no Significant Impact; Toledo 
Edison Company, Independent Spent Fuel Storage Installation
    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuing a schedular exemption from certain requirements of 
its regulations, to Toledo Edison Company, located in Toledo, Ohio. The 
requested schedular exemption would allow Toledo Edison to submit the 
report of preoperational test acceptance criteria and test results 
required by 10 CFR 72.82(e) at least 3 days (instead of 30 days) prior 
to the receipt of fuel at its independent spent fuel storage 
installation (ISFSI) at the Davis-Besse Nuclear Power Station (Docket 
50-346) located in Oak Harbor, Ohio.

Environmental Assessment

    Identification of the Proposed Action: By letter dated September 
22, 1995, Toledo Edison requested an exemption from certain schedular 
requirements of 

[[Page 52710]]
10 CFR 72.82(e), which states that ``A report of the preoperational 
test acceptance criteria and test results must be submitted * * * at 
least 30 days prior to the receipt of spent fuel or high-level 
radioactive waste.'' Toledo Edison proposed to submit this report three 
days prior to the receipt of spent fuel at its ISFSI. Granting this 
exemption at this time would enable Toledo Edison to proceed with 
activities in support of its operational schedule.
    The Need for the Proposed Action: Toledo Edison's exemption request 
is to assure the availability of adequate storage space in Davis-
Besse's spent fuel pool to support its scheduled refueling outage. A 
more complete discussion of the need for the exemption follows.
    Davis-Besse plans to receive new fuel in February 1996 for the 
refueling outage, which is scheduled to begin April 1996. Subsequent to 
receipt, new fuel is transferred from the new fuel storage racks into 
the spent fuel pool in preparation for refueling activities. Because 
the Davis-Besse spent fuel pool is nearly full and a full core off-load 
is necessary for the upcoming outage, and because there is limited 
space in the spent fuel pool area, the multiple activities associated 
with storage canister loading and the refueling outage cannot be 
conducted at the same time. Therefore, the storage canisters must be 
loaded and transported to the ISFSI prior to the receipt of new fuel.
    Davis-Besse will receive its canisters in early October 1995, for 
the Standardized NUHOMS Horizontal Modular System for dry storage of 
spent fuel. Upon receipt of the canisters, Davis-Besse plans to begin 
preoperational testing, which it expects to require approximately 5 
days. Because a substantial amount of the fuel handling activities 
associated with the NUHOMS system occur outside of the fuel building, 
Toledo Edison plans to complete these activities before the weather 
becomes seasonally inclement. Conducting fuel loading activities during 
inclement weather would complicate fuel handling operations. Therefore, 
Davis-Besse plans to commence fuel loading operations in late October. 
In order to support these activities, Toledo Edison estimates that only 
10 days will be available between the completion of preoperational 
testing and commencement of fuel loading.
    The purpose of the 30-day period in Section 72.82(e), for the 
licensee to submit a report of the preoperational test acceptance 
criteria and test results, is to establish a sufficient hold point to 
assure that the NRC has sufficient time to inspect a new licensee's 
preparations and, if necessary, exercise its regulatory authority 
before fuel is received at an ISFSI. For example, an ISFSI located at 
an away-from-reactor site may not have a resident inspector; therefore, 
the full 30-day period may be necessary to provide enough time for the 
NRC to review the licensee's records and preoperational test results 
and, if needed, send inspectors to the site. The Davis-Besse ISFSI is 
located on a reactor site that already has two NRC resident inspectors, 
and at least one resident inspector and other NRC inspectors will be 
present at the ISFSI to observe portions of the preoperational testing 
activities while they are being conducted. The NRC inspectors will also 
have ongoing access to the licensee's test procedures and test results 
to be able to conduct an appropriate review. Thus, in view of the NRC's 
oversight presence during the preoperational testing phase at Davis-
Besse, as well as the NRC's immediate access to the licensee's 
procedures and test results, the Commission believes that the full 30 
days, provided for in the rule, will not be needed in order for NRC to 
complete its inspection activities and determine whether any further 
regulatory action is needed before spent fuel is received at the Davis-
Besse ISFSI. Therefore, it is acceptable for the licensee to submit the 
report required by Sec. 72.82(e) at least 3 days prior to receipt of 
fuel at the ISFSI instead of the full 30-day period. However, based on 
the inspector's ongoing observations of the preoperational tests, NRC 
may determine that more time than the 3-day period, requested by the 
licensee, is needed to review additional licensee records and 
preoperational test results. Therefore, in proposing to grant the 
requested exemption, NRC reserves the right to require additional time, 
if necessary, to complete its activities prior to receipt of fuel at 
the ISFSI.
    Environmental Impacts of the Proposed Action: The Commission has 
evaluated the environmental impacts of the proposed action. The NRC 
reviewed the Safety Analysis Report (SAR) for the Standardized NUHOMS 
Horizontal Modular System (NUHOMS), and in December 1994, issued a 
Safety Evaluation Report (SER) approving the SAR, and on January 18, 
1995, issued a Certificate of Compliance approving the use of the 
Standardized NUHOMS Horizontal Modular System under a general license. 
The environmental assessments for the Proposed Rule (54 FR 19379) and 
Final Rule (55 FR 29181), ``Storage of Spent Fuel in NRC-approved 
Storage Casks at Power Reactor Sites,'' considered the environmental 
impact associated with the use of NRC-approved dry storage systems and 
concluded that these activities would have no significant impact on the 
environment. Further, the environmental assessment for the Final Rule 
(59 FR 65898), ``List of Approved Spent Fuel Storage Casks: Addition'' 
evaluated the environmental impacts associated with the use of the 
Standardized NUHOMS Horizontal Modular Storage System, in particular, 
for storage of irradiated fuel and made a Finding of No Significant 
Impact. On the basis of these reviews, the NRC believes spent fuel can 
be stored in the ISFSI at Davis-Besse without significant environmental 
impact.
    The proposed exemption would not alter or affect the impacts of 
operation of the NUHOMS system previously evaluated by NRC. Rather, it 
would merely allow Toledo Edison to submit the report of preoperational 
test acceptance criteria and test results required by Sec. 72.82(e), at 
least 3 days prior to receipt of fuel at the ISFSI instead of the 
required 30-day period. As previously noted, the 30-day period is to 
provide the NRC sufficient opportunity to review the licensee's 
submittal. With inspectors on site, a shorter period will, in this 
case, provide the same, sufficient opportunity for NRC to carry out 
these oversight responsibilities. In addition, the exemption still 
allows the NRC to delay the receipt of fuel at the ISFSI if it is 
determined that additional review time is necessary. Further, the 
proposed exemption is administrative in nature and does not involve any 
change that (1) would increase the probability or consequences of 
accidents, (2) change the types of any effluents that may be released 
offsite, or (3) significantly increase the allowable individual or 
cumulative occupational radiation exposure. Accordingly, the Commission 
concludes that this proposed exemption would have no significant 
radiological or nonradiological environmental impacts.
    Alternatives to the Proposed Action: Since the Commission has 
concluded there would be no measurable environmental impacts associated 
with the proposed action, any alternatives with equal or greater 
environmental impact need not be evaluated. The staff considered the 
alternative of denying the requested exemption. Denial could result in 
fuel handling activities being conducted during inclement weather which 
could, in turn, unnecessarily complicate fuel handling operations. 
Denial also could result in the loss of full core off-load capability 
which, 

[[Page 52711]]
while not required, is an advantageous condition.
    Agencies and Persons Consulted: The Commission's staff reviewed 
Toledo Edison's request dated September 22, 1995, and did not consult 
other agencies or persons.

Finding of no Significant Impact:

    Based upon the foregoing environmental assessment, the Commission 
concludes that the proposed action would not have a significant effect 
on the quality of the human environment. Accordingly, the Commission 
has determined not to prepare an environmental impact statement for the 
proposed exemption.
    For further details with respect to this action, the request for 
exemption dated September 22, 1995, and other related documents are 
available for public inspection and for copying (for a fee) at the NRC 
Public Document Room at the Gelman Building, 2120 L Street, NW, 
Washington, DC 20555, and at the Local Public Document Room located in 
the William Carlson Library, University of Toledo, 2801 West Bancroft 
Avenue, Toledo, Ohio 43606.

    Dated at Rockville, Maryland, this 29th day of September 1995.

    For the Nuclear Regulatory Commission.
Charles J. Haughney,
Deputy Director, Spent Fuel Project Office, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 95-25007 Filed 10-6-95; 8:45 am]
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