[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Notices]
[Pages 50459-50461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24706]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-12]


Entergy Nuclear Operations, Inc. James A. Fitzpatrick Nuclear 
Power Plant; Independent Spent Fuel Storage Installation 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 the 
provisions of 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7) and 
72.214 to Entergy Nuclear Operations, Inc. (Entergy). The requested 
exemption would allow Entergy to deviate from the condition in 
Certificate of Compliance 1014, Appendix A, Surveillance Requirement 
3.2.3.1 and Figure 3.2.3-1, for the HI-STORM 100 Cask System, listed in 
10 CFR 72.214, at the James A. FitzPatrick Independent Spent Fuel 
Storage Installation (ISFSI). This exemption would allow alternative 
surveillance requirements to be used rather than those specified in the 
HI-STORM 100 Cask System Certificate of Compliance.

Environmental Assessment

Identification of Proposed Action

    By letter dated August 24, 2001, Entergy requested an exemption 
from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), and 
72.214 to deviate from the requirements of Certificate of Compliance 
1014, Appendix A, Surveillance Requirement 3.2.3.1 and Figure 3.2.3-1, 
for the HI-STORM 100 Cask System, authorized by NRC to use spent fuel 
storage casks approved under 10 CFR Part 72, Subpart K. The staff is

[[Page 50460]]

also considering an exemption to 10 CFR 72.212(b)(7).
    Entergy plans to use the HI-STORM 100 Cask System to store spent 
nuclear fuel, generated at the James A. FitzPatrick Nuclear Power 
Plant, at an ISFSI located in Oswego, New York, on the James A. 
FitzPatrick Nuclear Power Plant site. The FitzPatrick ISFSI has been 
constructed for interim dry storage of spent nuclear fuel.
    By exempting Entergy from 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 
72.212(b)(7) and 72.214, Entergy will be authorized to perform the 
following surface dose measurements on the loaded HI-STORM 100 Cask 
Systems:
    A minimum of 12 dose rate measurements shall be taken on the side 
of the OVERPACK in three sets of four measurements. One measurement set 
shall be taken approximately at the cask mid-height plane, 90 degrees 
apart around the circumference of the cask. The second and third 
measurement sets shall be taken approximately 60 inches above and below 
the mid-height plane, respectively, also 90 degrees apart around the 
circumference of the cask. The average of the 12 dose rate measurements 
shall be compared to the limit specified in LCO 3.2.3.a.
    A minimum of five (5) dose rate measurements shall be taken of the 
top of the OVERPACK. One dose rate measurement shall be taken at 
approximately the center of the lid and four measurements shall be 
taken at locations on the top concrete shield, approximately half way 
between the center and the edge of the top shield, 90 degrees apart 
around the circumference of the lid. The average of the five (5) dose 
rate measurements shall be compared to the limit specified in LCO 
3.2.3.b.
    A dose rate measurement shall be taken adjacent to each inlet and 
outlet vent duct. The average of the eight (8) inlet and outlet duct 
dose rates shall be compared to the limit specified in LCO 3.2.3.c.
    The surface dose measurement locations specified above would be in 
lieu of those specified in Certificate of Compliance 1014, Appendix A, 
Surveillance Requirement 3.2.3.1 and Figure 3.2.3-1, for the HI-STORM 
100 Cask System, authorized by NRC to use spent fuel storage casks 
approved under 10 CFR Part 72, Subpart K. This figure shows the 
required surface dose rate measurement locations on a Holtec HI-STORM 
100 cask. To replace the figure, the applicant added verbiage to SR 
3.2.3.1, to direct users to the proper locations for taking dose rate 
measurements necessary to demonstrate compliance with Limiting 
Condition for Operation (LCO) 3.2.3. The new verbiage added to SR 
3.2.3.1, along with the deletion of Figure 3.2.3-1, results in the same 
performance of average surface dose rate measurement determinations as 
is currently approved. The proposed action before the Commission is 
whether to grant this exemption under 10 CFR 72.7.
    The NRC staff has reviewed the Entergy application, evaluated the 
public health and safety and environmental impacts of the proposed 
exemption and determined that revised surface dose measurement 
surveillance is acceptable because the revised surveillance results in 
the same performance of average surface dose rate measurement 
determinations as is currently approved. NRC staff has determined that 
the revised surface dose measurement surveillance is acceptable and 
granting the exemption would not result in any significant impacts. 
Additionally, the NRC staff has found that use of the revised 
surveillance would have minimal impact on the design basis and would 
not be inimical to public health and safety.

Need for the Proposed Action

    The James A. FitzPatrick Nuclear Power Plant will lose full core 
off-load capability in the James A. FitzPatrick spent fuel pool after 
the upcoming refueling outage in the fall of 2002. In order to ensure 
that full core off-load capability in the James A. FitzPatrick spent 
fuel pool is maintained after the refueling outage, Entergy must load 
three 68 assembly multi-purpose canisters. Unless the exemption is 
granted or the Certificate is amended, Entergy will not be in full 
conformance with the Certificate and not be able to load the multi-
purpose canisters. On July 3, 2001, the cask designer, Holtec 
International (Holtec) submitted to the NRC an application to amend 
Certificate of Compliance 1014 (HI-STORM Amendment 1). The application 
includes a request to revise the surveillance requirements. Because NRC 
review and the 10 CFR Part 72 rulemaking to amend the Certificate will 
not be completed prior to the date that Entergy plans to begin loading 
HI-STORM 100 Cask Systems, the NRC is granting this exemption based on 
the staff's technical review of information submitted by Entergy.

Environmental Impacts of the Proposed Action

    The potential environmental impact of using the HI-STORM 100 Cask 
System was initially presented in the Environmental Assessment (EA) for 
the Final Rule to add the HI-STORM 100 Cask System to the list of 
approved spent fuel storage casks in 10 CFR 72.214 (65 FR 25241, dated 
May 1, 2000). The revised surveillance does not increase the 
probability or consequence of accidents. No changes have been requested 
to the types or quantities of any radiological effluents that may be 
released offsite, and there is not significant increase in occupational 
or public radiation exposure. There are no significant radiological 
environmental impacts associated with the proposed action. The HI-STORM 
100 Cask 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 ISFSI include tornado winds and tornado generated 
missiles, design basis earthquake, design basis flood, accidental cask 
drop, lightning effects, fire, explosions, and other incidents. 
Considering the specific cask and site design requirements for each 
accident condition, the design of the cask would prevent loss of 
containment, shielding, and criticality control. Without the loss of 
either containment, shielding, or criticality control, the risk to 
public health and safety is not compromised. Therefore, the staff has 
determined that there is no reduction in the safety margin nor 
significant environmental impacts as a result of revising the surface 
dose surveillance.

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 September 4, 2001, Mr. J. Spath of the New York State Energy 
Research and Development Authority, was contacted about the 
Environmental Assessment for the proposed action and had no comments.

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)(A), 
72.121(b)(7) and 72.214 so that Entergy may utilize

[[Page 50461]]

modified surveillance requirements for the HI-STORM 100 Cask Systems at 
the FitzPatrick 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 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 e-mail to [email protected].

    Dated at Rockville, Maryland, this 17th day of September 2001.
For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 01-24706 Filed 10-2-01; 8:45 am]
BILLING CODE 7590-01-P