[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Notices]
[Pages 33853-33855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14336]


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NUCLEAR REGULATORY COMMISSION

[Dockets 50-309, 72-30; NRC-2010-0204]


Maine Yankee Atomic Power Company; Independent Spent Fuel Storage 
Installation; Issuance of Environmental Assessment and Finding of No 
Significant Impact Regarding the Request for Exemption From 
Requirements of 10 CFR Part 72

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact.

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FOR FURTHER INFORMATION CONTACT: John Goshen, Project Manager, Division 
of Spent Fuel Storage and Transportation,

[[Page 33854]]

Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: (301) 492-3325; 
Fax number: (301) 492-3342; E-mail: [email protected].

Introduction

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering the issuance of an exemption to Maine Yankee Atomic Power 
Company (MY), pursuant to 10 CFR 72.7, from the requirements of 10 CFR 
72.212(a)(2), 72.212(b)(2)(i), 72.212(b)(7), and 72.214. MY is using a 
dry cask storage system, the NAC-UMS, Certificate of Compliance (CoC) 
No. 1015, to store spent nuclear fuel under a general license in an 
independent spent fuel storage installation (ISFSI) associated with the 
decommissioned Maine Yankee plant, located in Wiscasset, Maine. MY 
stores spent fuel in sixty NAC-UMS casks at the MY ISFSI, all loaded 
under Amendment No. 2 to CoC No. 1015. Under the current 10 CFR part 72 
regulations, the general licensee is bound by the terms and conditions 
of the CoC under which it loaded a given cask. Amendment No. 2 will 
remain in effect for the casks at the MY ISFSI until the NRC expressly 
approves the application of changes authorized by a later CoC 
amendment. Such an approval is typically accomplished through a 10 CFR 
72.7 exemption.
    In its letter dated January 15, 2010, MY stated that it desired to 
adopt Amendment No. 5 to CoC No. 1015 for all sixty NAC-UMS casks at 
the site. Adaption of the changes authorized by Amendment No. 5 will 
allow a visual alternative to Technical Specification (TS) Surveillance 
Requirement 3.1.6.1 to verify the operability of the concrete cask heat 
removal system to maintain safe storage conditions and will also remove 
the for a specification in the CoC for tamper indicating devices. CoC 
No. 1015, Amendment No. 5 was issued by the NRC on September 19, 2007.
    MY initiated an evaluation to determine if the sixty casks conform 
to the requirements of Amendment No. 5 of CoC No. 1015. The evaluation 
concluded that 59 of the 60 casks conform to Amendment No. 5. The 
sixtieth cask, NAC-UMS-TSC-790-016, did not comply with the 25-day of 
requirement in TS Limiting Condition of Operation (LCO) 3.1.4, 
``Canister Maximum Time in Transfer Cask,'' of Amendment No. 5. MY 
requested an exemption from TS LCO 3.1.4 in its January 15, 2010, 
letter. Although not expressly requested by MY, implicit in MY's 
exemption request is the application of the changes authorized by 
Amendment No. 5 to the casks at the ISFSI (which are presently operated 
under Amendment No. 2).
    Under the current 10 CFR 72.212, a general licensee, such as MY, is 
not authorized to apply changes allowed by a later CoC amendment (in 
this case, Amendment No. 5) to a cask loaded under an earlier CoC 
amendment (in this case, Amendment No. 2) without express prior 
approval of the NRC.\1\ Thus, in order to effectuate the requested 
exemption, the NRC will have to expand the scope of the requested 
exemption to include the application of the changes authorized by 
Amendment No. 5 to the subject casks. The applicable regulation, 10 CFR 
72.7, allows the NRC to grant exemptions upon its own initiative.
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    \1\ See Enforcement Guidance Memorandum 09-006, dated September 
15, 2009 (ADAMS Accession No. ML091970035).
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    MY also requests continuation of three exemptions from the terms 
and conditions of Amendment No. 5, similar to three previously granted 
exemptions of Amendment No. 2. These are:
    1. Appendix A, Section A 5.1, Training Program. Exemption from the 
requirement to develop a systematic approach to training (SAT) that 
includes comprehensive instructions for the operation and maintenance 
of the ISFSI, except for the NAC-UMS Universal Storage System. This was 
approved by the NRC in its letter to MY dated December 13, 2004 (ADAMS 
Accession Number ML043620200).
    2. Appendix A, Section A 5.5 (Section A. 5.4 in Amendment No. 2), 
Radioactive Effluent Control Program. Exemption from the requirement to 
submit an annual report pursuant to 10 CFR 72.44(d)(3) or 10 CFR 
50.36(a). This was approved by the NRC in its letter to MY dated 
December 13, 2004 (ADAMS Accession Number ML043620200).
    3. Appendix B, Section B 3.4.2.6. Exemption from the requirement to 
maintain a coefficient of friction on the ISFSI pad surface of at least 
0.5. This was approved by the NRC in its letter to MY dated February 1, 
2004 (ADAMS Accession Number ML 0403507970).
    The requests for an exemption from the requirements of Appendix A, 
Section A 5.5, Radioactive Effluent Control Program, and Appendix A, 
Section A 5.1, Training Program are categorically excluded from further 
environmental review in accordance with 10 CFR 51.22(c)(25)(vi)(B) and 
(E), respectively. In accordance with the requirements in 10 CFR part 
51, the NRC prepared an Environmental Assessment to analyze the 
remainder of MY's exemption requests. Based on the Environmental 
Assessment, the NRC has concluded that a Finding of No Significant 
Impact is appropriate.

Environmental Assessment (EA)

    Identification of Proposed Action: The NRC proposes to issue 
exemptions that would relieve MY from complying with the requirements 
of 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214. 
Section 72.212(a)(2) provides that the general license is limited to 
storage of spent fuel in casks approved under the provisions of part 
72; Section 72.212(b)(2)(i)(A) requires the general licensee to perform 
written evaluations, prior to use of a cask, that establish that the 
conditions set forth in the CoC have been met; Section 72.212(b)(7) 
requires that the general licensee comply with the terms and conditions 
of the CoC; and Section 72.214 lists the cask designs that have been 
approved by the NRC and are available for use by general licensees 
under the 10 CFR part 72 general license.
    Specifically, the proposed action would be allowing MY to apply the 
changes authorized by Amendment No. 5 to CoC No. 1015 to the casks at 
the MY ISFSI and further, to exempt MY from the requirements of the 
following terms and conditions of Amendment No. 5 to CoC No. 1015:
    1. TS LCO 3.1.4, ``Canister Maximum Time in Transfer Cask,'' and
    2. Appendix B, Section B 3.4.2.6.
    The NRC's regulatory authority to grant these exemptions is 10 CFR 
72.7.
    Need for the Proposed Action: Approval of the proposed exemption 
requests will provide MY with significant cost savings and flexibility, 
without any decrease in safety.
    Environmental Impacts of the Proposed Action: CoC No. 1015, 
Amendment No. 5 has been previously evaluated by the NRC, and its 
adoption presents no additional radiological environmental impacts. The 
exemption from the requirement to maintain a coefficient of friction on 
the ISFSI pad surface of at least 0.5 was previously evaluated by the 
NRC, and it was determined to pose no increased risk to health and 
safety. The proposed action also includes consideration of an exemption 
from the requirements of TS LCO 3.1.4 of Amendment No. 5 for one 
storage canister at the MY ISFSI. The affected storage canister had a 
heat load of 9.59kW, and was placed in a transfer cask for a total of 
43 days between December 28, 2002, and February 18, 2003. At that time 
the MY ISFSI operated under the provisions of CoC No. 1015, Amendment 
No. 2, and the LCO 3.1.4 time limit for a canister

[[Page 33855]]

having a content decay heat load of less than or equal to 14kW was 
unlimited. During this period, the storage canister was in full 
compliance with CoC No. 1015, Amendment No. 2, and its stored spent 
fuel was maintained in a safe condition during the time the canister 
was in the transfer cask. The transfer of the loaded canister was 
completed in a safe manner to ensure the transfer cask was not used as 
a long-term storage device.
    Further, NRC has evaluated the impact to public safety that would 
result from granting the proposed action. The approval of the proposed 
action would not increase the probability or consequences of accidents, 
no changes would be made to the types of effluents released offsite, 
and there would be no increase in occupational or public radiation 
exposure. Therefore, there are no significant radiological 
environmental impacts associated with the proposed action. Additionally 
the proposed action would not involve any construction or other ground 
disturbing activities, would not change the footprint of the existing 
ISFSI, and would have no other significant non-radiological impacts. In 
this regard, and as the ISFSI is located on previously disturbed land, 
it is extremely unlikely that approval of the proposed action would 
create any significant impact on the aquatic or terrestrial habitat in 
the vicinity of the plant, or to threatened, endangered, or protected 
species under the Endangered Species Act, or to essential fish habitat 
covered by the Magnuson-Stevens Act. Similarly, approval of the 
proposed action is not the type of activity that has the potential to 
cause effects on historic or cultural properties, assuming such 
properties are present at the site of the MY ISFSI.
    Alternative to the Proposed Action: Since there is no significant 
environmental impact associated with the proposed action, any 
alternatives with equal or greater environmental impact are not 
evaluated. The alternative to the proposed action would be to deny 
approval of the exemption. This alternative would have the same 
environmental impact.
    Given that there are no significant differences in environmental 
impact between the proposed action and the alternative considered and 
that the applicant has a legitimate need, the Commission concludes that 
the preferred alternative is to grant the requested exemptions.

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 Environmental Assessment, the Commission finds that 
the proposed action of granting exemptions from 10 CFR 72.212(a)(2), 
72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214, 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 exemptions.

Further Information

    In accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,'' NRC 
records and documents related to this action, including the application 
for exemption and supporting documentation are available electronically 
at the NRC's Electronic Reading Room, at: http://www.nrc.gov/reading-rm/adams.html. From this site, you can access NRC's ADAMS, which 
provides text and image files of NRC's public documents. The ADAMS 
Accession Number for the application, dated January 15, 2010, is 
ML100260280.
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact NRC's Public Document 
Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by e-
mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at NRC's PDR, O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor 
will copy documents, for a fee.

    Dated at Rockville, Maryland, this 4th day of June 2010.

    For the Nuclear Regulatory Commission.
Pierre Saverot,
Acting Chief, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-14336 Filed 6-14-10; 8:45 am]
BILLING CODE 7590-01-P