[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]
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