[Federal Register Volume 66, Number 180 (Monday, September 17, 2001)]
[Notices]
[Pages 48070-48071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23151]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-30]


Maine Yankee Atomic Power Company (MYAPC) Maine Yankee 
Independent Spent Fuel Storage Installation (ISFSI) Issuance of 
Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering issuance of an exemption, pursuant to 10 CFR 72.7, from 
specific provisions of 10 CFR 72.212(a)(2), 72.212(b)(2)(i), 
72.212(b)(7), and 72.214 to MYAPC. The requested exemption would allow 
MYAPC to deviate from the requirements of Certificate of Compliance No. 
1015 (the Certificate), Appendix A, Surveillance Requirement (SR) 
3.1.2.1, ``CANISTER Vacuum Drying Pressure,'' and SR 3.1.3.1, 
``CANISTER Helium Backfill Pressure,'' which provide the surveillance 
frequencies for verifying the drying pressure and backfill pressure are 
within limits. The requested exemption would allow the surveillances to 
be performed ``Prior to TRANSPORT OPERATIONS'' instead of ``Once within 
10 hours . . . after completion of CANISTER draining,'' which is 
required by the Certificate.

Environmental Assessment (EA)

    Identification of Proposed Action: By letter dated August 9, 2001, 
MYAPC requested an exemption from the requirements of 10 CFR 
72.212(b)(2)(i), 72.212(b)(7), and 72.214 to deviate from the 
requirements of Certificate of Compliance No. 1015, Appendix A, SR 
3.1.2.1 and SR 3.1.3.1. Staff has also considered an exemption from 10 
CFR 72.212(a)(2). MYAPC is a general licensee, authorized by NRC to use 
spent fuel storage casks approved under 10 CFR Part 72, Subpart K.
    MYAPC plans to use the NAC-UMS Cask System to store spent nuclear 
fuel, generated at the Maine Yankee Atomic Power Station, at an ISFSI 
located in Wiscasset, Maine, approximately 1200 feet north of the 
reactor plant. The Maine Yankee ISFSI has been constructed for interim 
dry storage of spent nuclear fuel.
    By exempting MYAPC from 10 CFR 72.212(a)(2), 72.212(b)(2)(i), 
72.212(b)(7), and 72.214, MYAPC will be authorized to delay performance 
of SR 3.1.2.1, ``CANISTER Vacuum Drying Pressure,'' and SR 3.1.3.1, 
``CANISTER Helium Backfill Pressure,'' which provide the surveillance 
frequencies for verifying the drying pressure and backfill pressure are 
within limits.
    The surveillances, SR 3.1.2.1 and SR 3.1.3.1, shall be performed 
``Prior to TRANSPORT OPERATIONS.''
    The surveillance frequencies above would be in lieu of those in the 
current Certificate of Compliance No. 1015, Rev. 1, Appendix A, SR 
3.1.2.1 and SR 3.1.3.1. The definition of TRANSPORT OPERATIONS is 
provided in section A 1.1 of Certificate of Compliance No. 1015, Rev. 
1, Appendix A (ADAMS Accession #ML010260245). The proposed action 
before the Commission is whether to grant this exemption under 10 CFR 
72.7.
    On February 20, 2001, NRC approved Amendment 1 to the NAC-UMS 
Certificate of Compliance, which provided, in part, a change to 
Limiting Condition for Operation (LCO) 3.1.1 allowing longer times for 
spent fuel cask loading operations based on the reduced canister heat 
loads. The Amendment application did not include a corresponding 
revision to the surveillance frequences, in SR 3.1.2.1 and SR 3.1.3.1 
and, as a result, the surveillance frequencies were not revised.
    The NRC staff has reviewed the exemption request and determined 
that the revised surveillance frequencies are consistent with the 
safety analyses previously reviewed for Amendment 1, and would have no 
impact on the design basis and would not be inimical to public health 
and safety.
    Need for the Proposed Action: NAC International, the owner of the 
NAC-UMS design, requested Amendment 2 to the Certificate on October 17, 
2000. This application, as supplemented, would correct the 
inconsistencies with SR 3.1.2.1 and SR 3.1.3.1. However, the rulemaking 
on this amendment will not be completed in time to support the planned 
schedule for Maine Yankee cask loading. Therefore, this errror in not 
revising the inconsistent surveillance frequencies may provide 
insufficient surveillance frequency times to avoid unnecessarily 
entering into the Required Actions for the associated LCOs 3.1.2 and 
3.1.3. The NRC is proposing to grant this exemption based on the 
staff's technical review of information submitted by MYAPC.
    Environmental Impacts of the Proposed Action: The potential 
environmental impact of using the NAC-UMS system was initially 
presented in the EA for the Final Rule to add the NAC-UMS to the list 
of approved spent fuel storage casks in 10 CFR 72.214 (65 FR 62581 
(October 19, 2000)).
    The staff performed a safety evaluation of the proposed exemption.

[[Page 48071]]

The staff found that the proposed exemption is consistent with the 
analyses presented in the Safety Analysis Report for the NAC-UMS Cask 
System and does not reduce the ability of the system to perform its 
safety function. The staff has determined that changing the 
surveillance frequencies for verification of vacuum drying pressure and 
helium backfill pressure does not pose any increased risk to public 
health and safety.
    The proposed action will not significantly increase the probability 
or consequences of accidents, no changes are being made in the types of 
any effluents that may be released off site, and there is no 
significant increase in occupational or public radiation exposure. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
    With regard to potential nonradiological impacts, the proposed 
action does not involve any historic sites. It does not affect 
nonradiological plant effluents and has no other environmental impact. 
Therefore, there are no significant nonradiological environmental 
impacts associated with the proposed action.
    Therefore, the staff has determined that there is no reduction in 
the ability of the system to perform its safety function, nor 
significant environmental impacts as a result of revising the 
surveillance frequencies for SR 3.1.2.1 and SR 3.1.3.1 from ``Once 
within 10 hours . . . after completion of CANISTER draining'' to 
``Prior to TRANSPORT OPERATIONS.'' Therefore, the proposed action now 
under consideration would not change the potential environmental 
effects assessed in the initial rulemaking (65 FR 62581).
    Alternative to the Proposed Action: Since there is no significant 
environmental impact associated with the proposed action, alternatives 
with equal or greater environmental impact are not evaluated. The 
alternative to the proposed action would be to deny approval of the 
exemption. Denial of the exemption request will have the same 
environmental impact.
    Agencies and Persons Consulted: On August 20, 2001, Mr. Dale 
Randall of the State of Maine, Department of Human Services, Division 
of Health Engineering was contacted about the Environmental Assessment 
for the proposed action. On August 23, 2001, Ms. Paula Craighead, State 
Nuclear Safety Advisor for the State of Maine was also contacted.
    Ms. Craighead responded by letter dated August 24, 2001, (ADAMS 
Accession#ML012480279) with two comments on the proposed exemption 
request. The first comment was a request to place in the record of 
exemption the location of the definition of TRANSPORT OPERATIONS within 
Certificate of Compliance No. 1015, and to also indicate where the 
document could be found in the public record. This first comment has 
been incorporated into this notice, and will also be indicated in the 
exemption response. The second comment concerned ensuring written 
communication occurs between NRC and DOE on all matters concerning 
handling of spent fuel and Greater Than Class C material. On August 28, 
2001, this second comment was discussed with Ms. Craighead. Ms. 
Craighead clarified that the State's concern was not that every related 
document be provided to DOE, but that communications relevant to DOE's 
activities occur. It was mutually agreed that the NRC will continue to 
involve DOE in relevant discussions and correspondence on spent fuel 
and Greater Than Class C material.

Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR part 51. Based 
upon the foregoing EA, the Commission finds that the proposed action of 
granting an exemption from 10 CFR 72.212(a)(2), 72.212(b)(2)(i), 
72.212(b)(7), and 72.214 so that MYAPC may load NAC-UMS Cask Systems 
with revised surveillance frequencies (as specified above) for 
verifying canister vacuum drying pressure and helium backfill pressure 
at the Maine Yankee ISFSI will not significantly impact the quality of 
the human environment. Accordingly, the Commission has determined not 
to prepare an environmental impact statement for the proposed 
exemption.
    The request for exemption was docketed under 10 CFR part 72, Docket 
72-30. For further details with respect to this action, see the 
exemption request dated August 9, 2001. The NRC maintains an Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. These documents may be accessed 
through the NRC's Public Electronic Reading Room on the Internet at 
http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-
800-397-4209, 301-415-4737 or by email to [email protected].

    Dated at Rockville, Maryland, this 6th day of September 2001.

    For the Nuclear Regulatory Commission.
Charles L. Miller,
Deputy Director, Spent Fuel Project Office, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 01-23151 Filed 9-14-01; 8:45 am]
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