[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Pages 77017-77019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31080]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-443, 72-63; NRC-2010-0381]


Nextera Energy Seabrook, LLC Seabrook Station Independent Spent 
Fuel Storage Installation; Exemption

1.0 Background

    NextEra Energy Seabrook, LLC (NextEra, the licensee) is the holder 
of Facility Operating License No. NPF-86, which authorizes operation of 
the Seabrook Station in Rockingham County, New Hampshire, pursuant to 
title 10 of the Code of Federal Regulations (10 CFR), part 50. The 
license provides, among other things, that the facility is subject to 
all rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    Per 10 CFR part 72, subpart K, a general license is issued for the 
storage of spent fuel in an independent spent fuel storage installation 
(ISFSI) at power reactor sites to persons authorized to possess or 
operate nuclear power reactors under 10 CFR part 50. NextEra holds a 10 
CFR part 72 general license for storage of spent fuel at the Seabrook 
Station ISFSI. Under the terms of the general license, NextEra is 
currently using the Transnuclear, Inc. (TN) NUHOMS[supreg] HD-32PTH 
cask model for storage of spent fuel, in accordance with Certificate of 
Compliance (CoC) 72-1030, Amendment No. 0.

2.0 Request/Action

    10 CFR 72.212(b)(7) requires compliance with the terms and 
conditions of the CoC for the cask model used under the general license 
for storage of spent fuel at power reactor sites. The TN NUHOMS[supreg] 
HD-32PTH dry cask storage system (CoC 72-1030, Amendment No. 0) is 
currently in use at the Seabrook Station ISFSI. CoC 72-1030 provides 
requirements, conditions, and operating limits in Appendix A, Technical 
Specifications (TS).
    In a letter dated July 19, 2010 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML102080256), NextEra requested 
an exemption from 10 CFR 72.212(b)(7). Specifically, NextEra requests 
exemption from the requirement in CoC 72-1030, Amendment No. 0, 
Appendix A, TS 5.2.5.b, to conduct a daily visual inspection of the 
horizontal storage module (HSM) air vents to ensure they are not 
blocked, as the surveillance activity to monitor HSM thermal 
performance. NextEra instead wishes to use a daily temperature 
measurement program as an alternate method of monitoring the thermal 
performance of the HSMs, as included in the proposed Amendment No. 1 to 
CoC 72-1030, which is not yet an approved amendment to a cask model in 
10 CFR part 72.
    On its own initiative, the NRC staff, pursuant to 10 CFR 72.7, has 
expanded the scope of the exemption being granted to include 10 CFR 
72.212(b)(2)(i)(A) and 10 CFR 72.214, in addition to 10 CFR 
72.212(b)(7). These provisions are similar in requiring that the 
conditions of a specific CoC be met. 10 CFR 72.212(b)(2)(i)(A) requires 
a general licensee to perform written evaluations, prior to use of the 
cask, that establish that conditions set forth in the CoC have been 
met. 10 CFR 72.214 sets forth the list of casks approved for storage of 
spent fuel under the conditions specified in their CoCs.

3.0 Discussion

    Pursuant to 10 CFR 72.7, the Commission may, upon application by 
any interested person or upon its own initiative, grant such exemptions 
from the requirements of the regulations of 10 CFR part 72 as it 
determines are authorized by law and will not endanger life or property 
or the common defense and security and are otherwise in the public 
interest.

Authorized by Law

    This exemption would allow the licensee to discontinue the daily 
visual inspection of the HSM air vents to ensure they are not blocked 
(as required by CoC 72-1030, Amendment No. 0, TS 5.2.5.b for monitoring 
HSM thermal performance), and instead use a daily temperature 
measurement program as an alternate method of monitoring HSM thermal 
performance. The provisions in 10 CFR part 72 that NextEra is 
requesting exemption from, limit the general licensee to cask models 
(and any amendments to cask models) approved under 10 CFR part 72 and 
require general licensees to comply with the terms and conditions of 
the CoC for the approved cask model that they use.
    As stated above, 10 CFR 72.7 allows the NRC to grant exemptions 
from the requirements of 10 CFR part 72. The NRC staff has determined 
that granting of the licensee's proposed exemption will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the 
Commission's regulations. Therefore, the exemption is authorized by 
law.

Will Not Endanger Life or Property or the Common Defense and Security

    The underlying purpose of the provisions in 10 CFR 
72.212(b)(2)(i)(A), 10 CFR 72.212(b)(7), and 10 CFR 72.214, is to limit 
10 CFR part 72 general licensees to use of cask models approved under 
the provisions of 10 CFR part 72 (which are listed in 10 CFR 72.214) 
and require general licensees to comply with the terms and conditions 
of the CoC for the approved cask model that they use.
    The exemption would allow NextEra to discontinue the daily visual 
inspection of the HSM air vents to ensure they are not blocked (as 
required by CoC 72-1030, Amendment No. 0, TS 5.2.5.b), and instead use 
a daily temperature measurement program as an alternate method of 
monitoring HSM thermal performance (as proposed in Amendment No. 1 to 
CoC 72-1030).
    TN submitted an application for Amendment No. 1 to CoC 72-1030 on 
November 1, 2007 (ADAMS Accession No. ML073110525), as supplemented. In 
the Amendment No. 1 request, TN proposed adding use of a daily 
temperature measurement program as an alternate method of monitoring 
HSM thermal performance. Under the proposed Amendment No. 1, the cask 
user would have the option to either implement a daily visual 
inspection of the HSM air vents to ensure they are not blocked (TS 
5.2.5.b in the current Amendment No. 0 and the proposed Amendment No. 
1) or implement a daily temperature measurement program (TS 5.2.5.c in 
the proposed Amendment No. 1) to monitor HSM thermal performance.
    NRC staff initially completed its technical review of the proposed 
Amendment No. 1 to CoC 72-1030 in October 2009, and the associated 
proposed rule and direct final rule were published in the Federal 
Register in May 2010. However, the proposed rule and direct final rule 
were withdrawn in July 2010, after TN identified an issue with 
imprecise TS language (not related to TS 5.2.5). Since that time, the 
technical staff completed its review of TN's revised TS language in 
September 2010, and a revised rulemaking package (which includes the 
proposed CoC, proposed TS, and a preliminary Safety Evaluation Report 
(SER)) for Amendment No. 1 is currently in the rulemaking concurrence 
process. The

[[Page 77018]]

proposed rule and direct final rule for Amendment No. 1 are expected to 
be published for comment in the Federal Register in January 2011. If 
the NRC does not receive any significant adverse comments on the 
proposed rule and direct final rule during the public comment period, 
then the rule would be effective (and Amendment No. 1 to CoC 72-1030 
approved) in April 2011.
    The NUHOMS[supreg] HD-32PTH system is designed to passively remove 
decay heat to assure integrity of the concrete HSM and fuel cladding, 
and the thermal monitoring requirements for the system are based on the 
ability of the system to function safely if obstructions in the air 
inlets or outlets impair airflow through the HSM for extended periods. 
The intent of the HSM thermal monitoring program is to prevent 
conditions that could lead to exceeding the concrete and fuel cladding 
temperature criteria. The proposed use of a temperature measurement 
program to monitor HSM thermal performance (as proposed in TS 5.2.5.c 
in the proposed Amendment No. 1 to CoC 72-1030) includes specific 
requirements for the cask system user to establish: Appropriate 
administrative temperature limits to detect off-normal and accident 
blockage conditions before the HSM components and fuel cladding 
temperatures would exceed temperature design limits, and to ensure the 
HSM air vents are not blocked for more than 34 hours; temperature 
measurement locations; and corrective actions for potential temperature 
excursions.
    The staff's current findings, with respect to the temperature 
measurement program proposed in Amendment No. 1 to CoC 72-1030 as an 
alternative method of monitoring HSM thermal performance, are: (1) 
There is reasonable assurance that a temperature measurement program 
provides an equivalent level of assurance as the visual surveillance, 
in identifying and mitigating, if necessary, the effects of potential 
vent blockage; and thus, (2) addition of the option to use a daily 
temperature measurement program to monitor the thermal performance of 
the HSMs, as proposed by TN in TS 5.2.5.c in Amendment No. 1 to CoC 72-
1030, is appropriate. These findings are reflected in the preliminary 
SER that is currently in the rulemaking concurrence process. The 
staff's current findings would be preserved in the final rule for 
Amendment No. 1 to CoC 72-1030, given there are no comments during the 
rulemaking concurrence process or significant adverse public comments 
on the future proposed rule and direct final rule that require changes 
to the HSM thermal monitoring program in TS 5.2.5.c.
    In its exemption request, NextEra states that if granted the 
exemption, it will implement a daily temperature measurement program 
consistent with the proposed TS 5.2.5.c in the proposed Amendment No. 1 
to CoC 72-1030. The staff has determined that the generic analysis 
supporting Amendment No. 1 to CoC 72-1030 would apply to the proposed 
exemption at the Seabrook Station ISFSI. Therefore, the staff concludes 
that the exemption does not pose an increased risk to public health and 
safety. This conclusion is conditional on: (1) NextEra implementing TS 
5.2.5.c as proposed in Amendment No. 1 to CoC 72-1030, and (2) NextEra 
addressing any changes to the HSM thermal monitoring program in TS 
5.2.5.c that may arise as a result of comments during the rulemaking 
concurrence process or significant adverse public comments on the 
future proposed rule and direct final rule for CoC 72-1030, Amendment 
No. 1.

Environmental Consideration

    The staff also considered in its review of this exemption request, 
whether there would be any significant environmental impacts associated 
with the exemption. For this proposed action, the staff reviewed the 
categorical exclusion in 10 CFR 51.22(c)(25). Section 
51.22(c)(25)(vi)(C) provides a categorical exclusion for the granting 
of licensee exemption requests from NRC inspection or surveillance 
requirements. The proposed action is the approval of a licensee request 
for an exemption from the surveillance requirements contained in the 
technical specifications of the NRC issued CoC 72-1030, Amendment No. 
0. The licensee proposes using a temperature measurement program in 
lieu of the visual surveillance required in the CoC technical 
specification. As a general matter, the staff has determined that there 
is reasonable assurance that a temperature measurement program provides 
an equivalent level of assurance as the visual surveillance, in 
identifying and mitigating, if necessary, the effects of any potential 
vent blockage.
    In order for the 10 CFR 51.22(c)(25)(vi)(C) categorical exclusion 
to apply, the proposed action must meet the criteria listed in 10 CFR 
51.22(c)(25)(i)-(v). An analysis of these provisions is provided below.
    (a) 10 CFR 51.22(c)(25)(i)--There is no significant hazards 
consideration (NSHC).
    The elements of a NSHC are set forth in 10 CFR 50.92(c)(1)-(3). The 
proposed action involves NSHC if approval of the proposed action would 
not: (1) Involve a significant increase in the probability or 
consequences of an accident previously evaluated; (2) create the 
possibility of a new or different kind of accident from any accident 
previously evaluated; or (3) involve a significant reduction in a 
margin of safety.
    Involve a significant increase in the probability or consequences 
of an accident previously evaluated. TS 5.2.5 in CoC 72-1030 requires a 
thermal monitoring program for the HSMs to prevent conditions that 
could lead to exceeding temperature limits for the concrete and fuel 
cladding. The proposed change to TS 5.2.5 in the proposed Amendment No. 
1 to CoC 72-1030 provides additional flexibility to use a temperature 
measurement program, instead of a daily visual inspection of the HSM 
vents to ensure they are not blocked, as a surveillance activity to 
monitor HSM thermal performance. Use of the temperature measurement 
program in the proposed Amendment No. 1 to CoC 72-1030 will continue to 
meet the intent of the program to monitor thermal performance of the 
HSMs (to prevent conditions that could lead to exceeding the concrete 
and fuel cladding temperature criteria), as preliminarily determined by 
the NRC staff in its technical review of the proposed Amendment No. 1.
    The exemption, which would change the method of monitoring thermal 
performance of the HSMs, would not involve any changes to the design, 
safety limits, or safety analysis assumptions associated with the cask 
system and would not create any new accident precursors. Therefore, 
there is no significant increase in the probability or consequences of 
an accident previously evaluated.
    Create the possibility of a new or different kind of accident from 
any accident previously evaluated. The exemption, which if approved, 
would change the method of monitoring thermal performance of the HSMs, 
would not introduce any new accident initiators or create a new type of 
accident associated with the cask system. Therefore, the proposed 
exemption does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    Involve a significant reduction in a margin of safety. The 
exemption, which if approved, would change the method of monitoring 
thermal performance of the HSMs, would not alter the design, safety 
limits, and safety analysis assumptions associated with the cask 
system. Therefore, the proposed exemption does not involve a 
significant reduction in a margin of safety.

[[Page 77019]]

    Based on the above evaluation, the NRC staff finds that the 10 CFR 
51.22(c)(25)(i) provision is met.
    (b) 10 CFR 51.22(c)(25)(ii)--There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    The proposed exemption, which would change the method of monitoring 
thermal performance of the HSMs, would not involve any changes to 
effluents. Therefore, there is no significant change in the types or 
increase in the amounts of effluents that may be released offsite.
    (c) 10 CFR 51.22(c)(25)(iii)--There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    The proposed exemption, which would change the method of monitoring 
thermal performance of the HSMs, would not involve any changes to 
public or occupational radiation exposures. Therefore, there is no 
significant increase in individual or cumulative public or occupational 
radiation exposure.
    (d) 10 CFR 51.22(c)(25)(iv)--There is no significant construction 
impact.
    The proposed exemption, which would change the method of monitoring 
thermal performance of the HSMs, would not involve any construction 
activities. Therefore, there is no significant construction impact.
    (e) 10 CFR 51.22(c)(25)(v)--There is no significant increase in the 
potential for or consequences from radiological accidents.
    The proposed exemption, which would change the method of monitoring 
thermal performance of the HSMs, would not involve any changes to the 
design, safety limits, or safety analysis assumptions associated with 
the cask system and would not create any new accident precursors. 
Therefore, there is no significant increase in the potential for or 
consequences from radiological accidents.
    As this exemption request meets all of the provisions in 10 CFR 
51.22(c)(25)(i)-(v), and the exemption request is of a type listed in 
10 CFR 51.22(c)(25)(vi), this action meets the eligibility criteria for 
the categorical exclusion set forth in 10 CFR 51.22(c)(25). The NRC has 
found that granting exemptions that meet the provisions in 10 CFR 
51.22(c)(25) is a category of actions that does not result in any 
significant effect, either individually or cumulatively, on the human 
environment.
    The proposed exemption would allow NextEra to discontinue the daily 
visual inspection of the HSM air vents to ensure they are not blocked 
and instead use a daily temperature measurement program as an alternate 
method of monitoring HSM thermal performance. This proposed change to 
the method of monitoring HSM thermal performance does not involve 
security matters and would not impact the common defense and security 
of the United States.
    Given the above considerations, this exemption will not endanger 
life or property or the common defense and security.

Otherwise in the Public Interest

    In its exemption request, NextEra noted that it currently complies 
with TS 5.2.5.b in CoC 72-1030, Amendment No. 0, by using cameras to 
perform the visual surveillance of the HSM vents remotely. However, 
during adverse winter weather conditions, snow and ice obstruct the 
camera lenses and prevent viewing the HSM vents. As a result, personnel 
must conduct local inspections of the HSM vents and use a ladder to 
access the top vents for inspection, which can pose a safety hazard to 
the personnel conducting these inspections during adverse winter 
weather conditions. The licensee states that the purpose of the 
exemption request is to eliminate the potential for injuries that could 
occur to personnel when accessing the HSM vents to perform visual 
inspections under adverse winter weather conditions.
    The exemption, by removing the requirement for the daily visual 
inspection of the HSM vents and thus reducing the potential for 
unnecessary falls or injuries to personnel conducting the inspections 
during adverse winter weather conditions, is consistent with NRC's 
mission to protect public health and safety. Therefore, the exemption 
is in the public interest.

4.0 Conclusion

    Based on the foregoing considerations, the NRC has determined that, 
pursuant to 10 CFR 72.7, the 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 
NextEra an exemption from the requirements in 10 CFR 
72.212(b)(2)(i)(A), 10 CFR 72.212(b)(7), and 10 CFR 72.214 for the 
Seabrook Station ISFSI, subject to the following conditions:
    (1) The exemption pertains only to the visual inspection 
requirement in TS 5.2.5.b in CoC 72-1030, Amendment No. 0, and NextEra 
must implement the daily temperature measurement program, as proposed 
in TS 5.2.5.c in Amendment No. 1 to CoC 72-1030, as an alternate method 
of monitoring HSM thermal performance.
    (2) If comments arise during the rulemaking concurrence process or 
if the NRC receives significant adverse comments during the public 
comment period for the future proposed rule and direct final rule for 
Amendment No. 1 to CoC 72-1030, and as a result of such comments, 
changes to the HSM thermal monitoring program in TS 5.2.5.c are 
required, NextEra will then be required to address those changes in a 
manner deemed satisfactory to NRC staff.
    The NRC has determined that this action meets the eligibility 
criteria for categorical exclusion set forth in 10 CFR 
51.22(c)(25)(vi)(C). Therefore, pursuant to 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the granting of this exemption.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 2nd day of December 2010.

    For the Nuclear Regulatory Commission.
Douglas W. Weaver,
Deputy Director, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-31080 Filed 12-9-10; 8:45 am]
BILLING CODE 7590-01-P