[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Notices]
[Pages 356-357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-110]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-14 (50-346)]


Toledo Edison Co., Davis-Besse Nuclear Power Station, Independent 
Spent Fuel, Storage Installation; Exemption

I

    Toledo Edison Company (the licensee), under the general license in 
Part 72, Subpart K, is authorized to receive and store spent fuel from 
its Davis-Besse Nuclear Power Station at an independent spent fuel 
storage installation (ISFSI) located on the Davis-Besse Nuclear Power 
Station site. This facility is located at the licensee's site in Oak 
Harbor, Ohio.

II

    Pursuant to 10 CFR 72.7, the Nuclear Regulatory Commission (NRC) 
may grant exemptions from the requirements of the regulations in 10 CFR 
Part 72 as it determines are authorized by law, will not endanger life 
or property or the common defense and security, and are otherwise in 
the public interest.
    Section 72.82(e) of 10 CFR Part 72 requires each licensee to 
provide a report of preoperational test acceptance criteria and test 
results to the appropriate NRC Regional Office with a copy to the 
Director, Office of Nuclear Material Safety and Safeguards, at least 30 
days prior to receipt of spent fuel or high-level radioactive waste for 
storage in an ISFSI. The purpose of the 30-day waiting period is to 
allow the NRC an opportunity to review test results prior to initial 
operation of the ISFSI. If an exemption from the requirement of 10 CFR 
72.82(e) for a 30-day waiting period was granted, the licensee still 
would be required to submit the necessary report; however, the licensee 
could thereafter start loading the first cask before the end of the 30-
day period.

III

    By letter dated September 22, 1995, the licensee requested a 
schedular exemption pursuant to 10 CFR 72.7 from the requirement of 10 
CFR 72.82(e). The licensee committed to submit its report no less than 
3 days prior to receipt of spent fuel at its ISFSI. The licensee's 
exemption request to reduce the 30-day waiting period to 3 days was 
based on the licensee's need to assure the availability of adequate 
storage space in Davis-Besse's spent fuel pool to support a refueling 
outage scheduled to begin in April 1996. To meet that schedule, spent 
fuel must be removed from the pool and loaded into the dry storage 
casks at the Davis-Besse plant for transport to the ISFSI prior to 
receipt of new fuel in February 1996. Because moving and loading the 
canisters into the horizontal storage modules occurs outside the 
auxiliary building, and because conducting such activities during 
inclement weather would complicate these activities, the licensee had 
planned to begin loading activities in October 1995. Delays, however, 
have forced the licensee to postpone its schedule. Nonetheless, the 
need for and underlying basis of the licensee's exemption requests 
remains. Granting the requested exemption from the 30-day waiting 
period in 10 CFR 72.82(e) would assist the licensee in assuring it has 
sufficient time to complete loading operations for dry cask storage 
before the end of January 1996 while, to the extent possible, 
minimizing the need to conduct fuel handling activities during 
inclement weather. Moreover, as noted below, the NRC has completed 
review of the 

[[Page 357]]
licensee's preoperational test report and therefore does not need the 
full 30 days contemplated by 10 CFR 72.82(e).
    In a letter dated December 18, 1995, the licensee reiterated the 
need for the requested exemption and provided additional information on 
current circumstances supporting NRC approval. The December 18 letter 
(and additional information in it) are not necessary to a favorable 
consideration of the exemption request by NRC. However, the letter 
confirms the propriety of an exemption.
    The NRC conducted an inspection related to the manufacture of the 
storage canisters at the vendor's fabrication site, and on July 7, 
1995, issued a Confirmatory Action Letter to the vendor. The vendor 
responded to the Confirmatory Action Letter on September 5, 20, 22, and 
October 2 and 3, 1995. In a letter dated October 12, 1995, NRC found 
the vendor's responses acceptable. NRC was able to resolve the 
inspection issues based on the additional information provided by the 
vendor which included documentation of design changes and associated 
safety evaluations, engineering analysis regarding the minimum required 
canister wall thickness, the results of measurements of the actual wall 
thickness of the canisters, and detailed information on leak testing 
performed. NRC verified the adequacy of the additional information 
provided by the vendor and the safety of the canisters and the transfer 
cask by performing detailed reviews, engineering evaluations, and 
inspections.
    Since receipt of the first canisters on site, NRC has observed 
selected portions of the preoperational testing activities and has 
reviewed associated test procedures and results. The licensee submitted 
the report of preoperational test acceptance criteria and test results 
required by 10 CFR 72.82(e) to NRC Region III on December 14, 1995. The 
preoperational tests conducted by the licensee included, among other 
things, the actual exercise of the licensee's written procedures for 
loading and unloading the storage canisters. The licensee reviewed the 
results of these tests, made changes and subsequently approved the 
canister loading and unloading procedures. The NRC observed licensee's 
validation of the acceptability of these procedures and is satisfied 
with the results.

IV

    Based on the aforementioned oversight and inspection of the 
preoperational testing activities at the Davis-Besse ISFSI, as well as 
the NRC's review of the licensee's report of preoperational test 
criteria and results, the NRC finds that Toledo Edison has 
satisfactorily addressed all of the safety issues associated with cask 
loading, handling, and storage. The results of these NRC activities 
confirm there is adequate assurance that the cask can perform its 
intended safety functions and that Toledo Edison has the necessary 
equipment and procedures in place, as well as appropriately trained 
personnel, to safely conduct spent fuel cask handling activities.
    Accordingly, the NRC has determined in accordance with 10 CFR 72.7 
that this exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest. Therefore, the NRC hereby grants the licensee an 
exemption from the 30-day waiting period required by 10 CFR 72.82(e). 
The effective date of this exemption shall be December 26, 1995. This 
exemption will allow the licensee, effective December 26, to commence 
loading spent fuel into the dry storage canister, for subsequent 
transfer to and storage in the Davis-Besse ISFSI. The exemption also 
permits the licensee, prior to December 26, to start any necessary work 
that is a prerequisite to loading fuel on December 26. While not 
providing Toledo Edison Company the full schedular relief it requested, 
the exemption will result in the Company being able to begin dry 
storage activities approximately two weeks earlier than without the 
exemption.
    The documents related to this proposed action 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 43605.
    Pursuant to 10 CFR 51.32, the NRC has determined that granting this 
exemption will have no significant impact on the quality of the human 
environment (60 FR 52709).

    Dated at Rockville, Maryland this 20th day of December 1995.

    For the Nuclear Regulatory Commission.
William D. Travers,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 96-110 Filed 1-3-96; 8:45 am]
BILLING CODE 7590-01-P