[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45575-45578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18170]
[[Page 45575]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 72-1004, 72-40, 50-269, 50-270, 50-287; and NRC-2013-
0135]
Duke Energy Carolinas, LLC; Oconee Nuclear Station Units 1, 2,
and 3; Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The NRC is issuing an exemption in response to a request
submitted by Duke Energy Carolinas, LLC., on August 13, 2012, for the
Oconee Nuclear Station, Independent Spent Fuel Storage Installation
(ISFSI).
ADDRESSES: Please refer to Docket ID NRC-2013-0135 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0135. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jennifer Davis, Senior Project
Manager, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-
9173; email: [email protected].
SUPPLEMENTARY INFORMATION:
1.0 Background
Duke Energy Carolinas, LLC (the applicant) is the holder of
Facility Operating License Nos. DPR-38, DPR-47, and DPR-55, which
authorize operation of the Oconee Nuclear Station, Units 1, 2, and 3 in
Oconee County, South Carolina, pursuant to part 50 of Title 10, Code of
Federal Regulations (10 CFR). The licenses provide, among other things,
that the facility is subject to all rules, regulations, and orders of
the NRC now or hereafter in effect.
Consistent with 10 CFR part 72, Subpart K, a general license is
issued for the storage of spent fuel in an ISFSI at power reactor sites
to persons authorized to possess or operate nuclear power reactors
under 10 CFR part 50. The applicant is authorized to operate a nuclear
power reactor under 10 CFR part 50, and holds a 10 CFR part 72 general
license for storage of spent fuel at the Oconee Nuclear Station ISFSI.
Under the terms of the general license, the Transnuclear, Inc. (TN)
Standardized NUHOMS[supreg] dry cask storage system Certificate of
Compliance (CoC) No. 1004, Amendment No. 9 is used for cask loading at
the Oconee Nuclear Station ISFSI.
2.0 Request/Action
The applicant is requesting an exemption from the requirement that
specifies that the fuel approved for use in these casks is ``zircaloy
clad,'' which refers to Zircaloy-2 or Zircaloy-4 cladding. This
requirement precludes loading Babcock and Wilcox (B&W) Mark B11 and
Mark B11A fuel assemblies, which have M5\1\ cladding, in TN
Standardized NUHOMS[supreg] 24PHB DSCs. If approved, the applicant's
exemption request would allow the loading of these fuel assemblies in
these casks at Oconee until December 31, 2014.
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\1\ M5 is AREVA's proprietary variant of Zr Nb which was
approved by the NRC for PWR reactors (Reference 3 of exemption
request).
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The TN Standardized NUHOMS[supreg] certificate of compliance (CoC
No. 1004) specifies the requirements, conditions, and operating limits
for the TN Standardized NUHOMS[supreg] dry cask storage system in
Appendix A, Technical Specifications (TS). The TS in Table 1-1i, ``PWR
Fuel Specification for Fuel to be Stored in the Standardized
NUHOMS[supreg]-24PHB [dry shielded canister] DSC'' specify that the
fuel cladding shall be ``zircaloy-clad fuel with no known or suspected
gross cladding breaches.'' Zircaloy is a type of zirconium alloy that
includes both Zircaloy-2 and Zircaloy-4 cladding, but does not include
M5. M5 is a different type of zirconium alloy, which does not contain
any tin, as Zircaloy does, but which does contain some niobium.
Therefore, M5 fuel cannot be loaded into NUHOMS[supreg]-24PHB DSCs
because it is not a ``zircaloy-clad'' fuel.
In a letter dated August 13, 2012, (ADAMS Accession No.
ML12227A686), the applicant requested an exemption from certain parts
of the following requirements to allow storage of M5 (zirconium alloy)
clad fuel in the TN 24PHB dry storage canisters (DSCs) at the Oconee
Nuclear Station ISFSI:
10 CFR 72.212(a)(2), which states ``[t]his general license
is limited to storage of spent fuel in casks approved under the
provisions of this part.''
10 CFR 72.212(b)(5), which states that, ``each cask used
by the general licensee conforms to the terms, conditions, and
specifications of a CoC or an amended CoC listed in Sec. 72.214.''
10 CFR 72.212(b)(11), which states in part that ``[t]he
licensee shall comply with the terms, conditions, and specifications of
the CoC and, for those casks to which the licensee has applied the
changes of an amended CoC, the terms, conditions, and specifications of
the amended CoC[hellip].'' and
10 CFR 72.214, which lists the approved spent fuel storage
casks.
Upon review, the NRC staff added the following requirements to the
exemption for the proposed action pursuant to its authority under 10
CFR 72.7:
10 CFR 72.212(b)(3), which states that ``[t]he general
licensee must [e]nsure that each cask used by the general licensee
conforms to the terms, conditions, and specifications of a CoC or an
amended CoC listed in Sec. 72.214.''
In addition, the applicant requested an exemption from
certain requirements of 10 CFR 72.212(b)(5) allowing storage of M5
cladding associated with B&W 15x15 Mark B11 and Mark B11A fuel. The NRC
has evaluated the applicant's request and determined that only an
exemption from Sec. 72.212(b)(5)(i) is warranted. The applicant does
not require an exemption from Sec. Sec. 72.212(b)(5)(ii) or (iii) for
the proposed action. Therefore, the NRC interprets the applicant's
request for an exemption from certain requirements of 10 CFR
72.212(b)(5) to be a request for an exemption only from Sec.
72.212(b)(5)(i), which requires that ``[t]he cask, once loaded with
spent fuel or once the changes authorized by an amended CoC have been
applied, will conform to the terms, conditions, and
[[Page 45576]]
specifications of a CoC or an amended CoC listed in Sec. 72.214.''
The applicant is also requesting, an exemption from the TS for the
NUHOMS[supreg] system to permit the loading of M5 fuel into these
canisters. Specifically, the applicant is requesting an exemption from
Technical Specification 12.1, ``Fuel Specifications,'' and the
associated tables listed below, which specify requirements for the
spent fuel assemblies to be loaded in the 24PHB DSCs certified under
CoC No. 1004, Amendment No. 9.
Table 1-1i, ``PWR Fuel Specification for Fuel to be Stored
in the Standardized NUHOMS[supreg]-24PHB DSC.''
Table 1-2n, ``PWR Fuel Qualification Table for Zone 1 with
0.7 kW per Assembly, Fuel With or Without BPRAs [Burnable Poison Rod
Assembly], for the NUHOMS[supreg]-24PHB DSC.''
Table 1-2o, ``PWR Fuel Qualification Table for Zone 2 with
1.0 kW per Assembly, Fuel With or Without BPRAs, for the
NUHOMS[supreg]-24PHB DSC,'' and
Table 1-2p, PWR Fuel Qualification Table for Zone 3 with
1.3 kW per Assembly, Fuel With or Without BPRAs, for the
NUHOMS[supreg]-24PHB DSC.''
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 load B&W Mark B11 and
Mark B11A fuel assemblies with M5 cladding in 24PHB DSCs at the Oconee
Nuclear Station ISFSI. The provisions in 10 CFR part 72 from which the
applicant is requesting exemption require the licensee to comply with
the terms, conditions, and specifications of the CoC for the approved
cask model that they use.
The Commission issued 10 CFR 72.7 under the authority granted to it
under Section 133 of the Nuclear Waste Policy Act of 1982, as amended,
42 USC 10153. Section 72.7 allows the NRC to grant exemptions from the
requirements of 10 CFR part 72. Granting the licensee's proposed
exemption provides adequate protection to public health and safety, and
the environment. As explained below, the proposed exemption will not
endanger life or property, or the common defense and security, and is
otherwise in the public interest. Therefore, the exemption is
authorized by law.
Will Not Endanger Life or Property or the Common Defense and Security
The provisions in section 72.212(a)(2) specifically state that the
general licensee is limited to storage of spent fuel in casks approved
under 10 CFR part 72. Sections 72.212(b)(3), 72.212(b)(5),
72.212(b)(5)(1) and 72.212(b)(11) limit the general licensee to storage
of spent fuel in cask models approved under the provisions of 10 CFR
part 72 (which are listed in 10 CFR 72.214) and to require general
licensees to comply with the terms and conditions of the CoC for the
approved cask model(s) that they use. This exemption would allow the
licensee to load B&W Mark B11 and Mark B11A fuel assemblies with M5
cladding in 24PHB DSCs at the Oconee Nuclear Station ISFSI.
The TN Standardized NUHOMS[supreg] dry cask storage system CoC
provides requirements, conditions and operating limits in Attachment A,
Technical Specifications. The TS in Table 1-1i, ``PWR Fuel
Specification for Fuel to be Stored in the Standardized NUHOMS[supreg]-
24PHB DSC'' specify that the fuel cladding shall be ``zircaloy-clad
fuel with no known or suspected gross cladding breaches.'' As described
above, Zircaloy includes both Zircaloy-2 and Zircaloy-4 cladding, but
does not include M5-clad fuels. This exemption only considers the
loading of B&W 15x15 Mark B11 and Mark B11A spent fuel assemblies at
the Oconee Nuclear Station ISFSI pending disposition of Amendment No.
13 to CoC No. 1004. Amendment No. 13 TS permit storage of ``zirconium
alloy'' clad spent fuel assemblies in the 24PHB DSC, which would
include both the ``zircaloy clad'' assemblies permitted under previous
amendments, as well as the M5 clad assemblies at issue in this
exemption request.
Approval of the exemption request will allow Oconee to effectively
manage its spent fuel inventory to meet decay heat zoning requirements
throughout its scheduled loading campaigns. Oconee's ability to load M5
clad fuel in the next scheduled loading campaign will mean that older
``zircaloy clad'' fuel assemblies will be available for future
loadings. Amendment No. 13 is currently under review by the NRC staff.
The proposed Technical Specifications, as submitted by TN (ADAMS
Accession No. ML110450541), do not specify any cladding material
requirements in Table 1-1i, but do reference Tables 1-2n, 1-2o, and 1-
2p. The notes for Tables 1-2n, 1-2o, and 1-2p, have been changed from,
``. . .Zircaloy clad uranium-oxide rods. . . .'' to ``Zirconium-alloy
clad uranium-oxide rods . . . .''
Amendment No. 13 to CoC No. 1004 Review
By application dated February 9, 2011 (ADAMS Accession Nos.
ML110460525 (letter), and ML110460541 (package)), TN submitted an
amendment request to amend CoC No. 1004 for the Standardized
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear
Fuel, under the provisions of 10 CFR part 72, Subparts K and L. The
application has been supplemented as follows:
-- July 22, 2011, Responses to the Request for Supplemental
Information (ADAMS Accession Nos. ML11217A043 (non-proprietary) and
ML11217A045 (proprietary)),
-- March 19, 2012, Response to the First Request for Additional
Information (ADAMS Accession No. ML120960488 (package)), and
-- September 24, 2012, Response to the Second Request for
Additional Information (ADAMS Accession No. ML122700151 (package)).
Along with other changes, TN requested a change to the Technical
Specifications for the 24PHB DSC to allow non-Zircaloy cladding as
approved contents for the 24PHB DSC. In considering this exemption
request, NRC staff was able to draw upon review work already underway
in its consideration of Amendment No. 13 for CoC 1004.\2\ As discussed
below, the NRC staff finds that allowing non-Zircaloy cladding,
specifically; allowing M5 zirconium alloy clad B&W Mark B11 and Mark
B11A fuel to be loaded in the 24PHB DSC, is acceptable. The proposed
cask loading of fuel with zirconium alloy cladding was analyzed using
NUREG-1536, ``Standard Review Plan for Spent Fuel Dry Storage Systems
at a General License Facility, Rev. 1'' for material properties, for
structural performance, and performance under thermal stresses,
including potential elongation from decay heat and irradiation. In
addition, the NRC staff notes that M5 cladding materials have improved
ductility and fracture toughness properties relative to Zircaloy-4
cladding material. The zirconium alloy cladding was also analyzed with
respect to maintenance of
[[Page 45577]]
subcriticality. In all cases, the NRC staff found the zirconium alloy
acceptable for storage in the 24PHB DSC.
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\2\ While the Amendment No. 13 application includes the addition
of zirconium alloy clad fuels as authorized contents in the 24PHB
DSC, the application also includes many other changes not at issue
in this exemption.
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Review of the Requested Exemption
Background: The NUHOMS[supreg] system provides for the horizontal
dry storage of canisterized spent fuel assemblies in a concrete
horizontal storage module (HSM). The cask storage system components for
NUHOMS[supreg] consist of a reinforced concrete HSM and a DSC vessel
with an internal basket assembly that holds the spent fuel assemblies.
The HSM is a low profile, reinforced concrete structure designed to
withstand all normal condition loads, as well as abnormal condition
loads created by natural phenomena such as earthquakes and tornados. It
is also designed to withstand design basis accident conditions.
Request/Action: The applicant has requested an exemption from the
``zircaloy clad'' requirement in the TS of Amendment No. 9 for CoC
1004. This requirement refers to Zircaloy-2 or Zircaloy-4 cladding, and
thus precludes the storage of B&W Mark B11 and Mark B11A fuel
assemblies, which have M5 cladding.
The applicant has requested an exemption from the current TS to
permit the loading of B&W Mark B11 and Mark B11A M5 clad fuel
assemblies. This is consistent with another request currently before
the Commission for Amendment No. 13 to CoC 1004, which would permit the
loading of such fuel in the 24PHB DSC.
Safety Evaluation: The NRC has previously considered the
acceptability of different cladding types for spent fuel storage. This
is reflected in Interim Staff Guidance (ISG) 11, Revision 3, ``Cladding
Considerations for the Transportation and Storage of Spent Fuel,''
(ADAMS Accession No. ML033230335), which provides technical review
guidance to materials reviewers, and specifies the criteria that should
be met.
Currently, other NUHOMS[supreg] storage systems included in CoC No.
1004 permit storage of fuel designs with cladding other than Zircaloy.
These include the NUHOMS[supreg] 24PTH and 32PTH1 DSCs. NRC staff also
notes that Amendment No. 13 to the TN Standardized NUHOMS[supreg]
System is currently under review. In that amendment the ``zircaloy
clad'' fuel description has been replaced with ``zirconium alloy''
specifically to permit the loading of M5\TM\ and other non-Zircaloy
zirconium alloy clad fuel into the 24PHB DSC.
Structural Review for the Requested Exemption: In Amendment No.13,
which is being reviewed by the NRC staff, TN requests the ``Zircaloy
clad'' fuel description be replaced with ``zirconium alloy.''
Information about the materials and structural properties of M5 clad
fuel from the Amendment No. 13 application was used to supplement the
NRC staff's review of this exemption request.
Section Z.3.5.2.C of Appendix Z of the Amendment No. 13 application
uses the ANSYS code to analyze an 80-inch fuel rod side drop. Table
Z.3.5-4 summarizes the calculated clad stresses for various fuel types
including those with the M5 cladding. The resulting maximum stress of
58,768 psi for the M5 clad fuel is less than the yield strength of
67,300 psi. This translates into a factor of safety of 1.15, meaning
that the cladding will not be damaged in such a drop. Thus, for the
proposed exemption, the NRC staff concludes with reasonable assurance
that M5 clad B&W Mark B11 and B11A fuel assemblies will continue to be
preserved after a fuel rod side drop accident in TN NUHOMS[supreg]
24PHB DSCs.
Section Z.3.5.3 uses the LSDYNA code to analyze an 80-inch fuel rod
corner drop. The strain ductility demand for the B&W 15 x 15 fuels is
calculated to be 0.242%, which is below the cladding yield strain of
0.627%. This is an elastic fuel clad response, meaning that the
cladding will not be damaged in such a drop. Thus, for the proposed
exemption, the NRC staff concludes with reasonable assurance that M5
clad B&W Mark B11 and B11A fuel assemblies will continue to be
preserved after a corner drop accident in TN NUHOMS[supreg] 24PHB DSCs.
Materials Review for the Requested Exemption: With regard to
thermal and corrosive characteristics, the proposed exemption to permit
B&W Mark B11 and Mark B11A M5 clad fuel into NUHOMS[supreg] 24PHB DSCs
at Oconee Nuclear Station is acceptable to the NRC staff, as discussed
below. The change will have no impact upon the thermal or corrosive
characteristics of the fuel for spent fuel applications. The
proprietary mechanical properties of the M5 cladding are different from
Zircaloy, but as noted in the structural evaluation above, are found to
be acceptable. In addition, the mechanical properties of M5 are within
the current licensing basis of the 24PHB DSC (i.e., Amendment No. 9 has
already been found safe for fuel cladding with the mechanical
properties of M5 clad fuel). Thus, for the proposed exemption, the NRC
staff concludes, with reasonable assurance, that with regard to spent
fuel thermal and corrosive characteristics, that M5 clad B&W Mark B11
and B11A fuel assemblies can safely be stored in 24PHB DSCs.
Technical Review Conclusion: The NRC staff has reviewed the
applicant's exemption request and finds that B&W Mark B11 and B11A M5
zirconium alloy clad fuel can safely be loaded into the NUHOMS[supreg]
TN 24PHB DSC where all other requirements of Amendment No. 9 are
satisfied.
Therefore, the NRC staff concludes that the exemption to allow B&W
Mark B11 and Mark B11A fuel assemblies with M5 cladding to be loaded in
24PHB DSCs at the Oconee Nuclear Station ISFSI does not pose an
increased risk to public health and safety or the common defense or
security.
Otherwise in the Public Interest
In its exemption request, the applicant states that approval will
allow Oconee to effectively manage its spent fuel inventory to meet
decay heat zoning requirements throughout its scheduled loading
campaigns. The applicant's ability to load M5 clad fuel in the next
scheduled loading campaign will mean that older fuel assemblies will be
available for later loadings. The applicant has considered in its
exemption request an alternative action, which would be to load
Zircaloy clad ``older'' fuel during its next loading campaign. This
would impact subsequent loadings. Sufficient quantities of older fuel
would not be available for subsequent loadings to meet the overall cask
decay heat requirements, and the canisters would have to be ``short-
loaded,'' that is, the full 24 allowed spent fuel assemblies for each
cask would not be available, and the canisters would have to be loaded
with fewer than 24 assemblies. This would mean that more canisters
would ultimately have to be loaded, resulting in additional worker
exposure and higher costs. This alternative would also generate
additional radioactive contaminated material and waste from additional
fuel handling operations and additional loading processes.
The proposed exemption to permit the loading of 24PHB DSCs with M5
clad B&W Mark B11 and Mark B11A fuel assemblies at Oconee Nuclear
Station is consistent with NRC's mission to protect public health and
safety. Approving the requested loading parameters produces less of an
opportunity for a release of radioactive material than the alternative
to the proposed action because there will be fewer loadings. Therefore,
the exemption is in the public interest.
[[Page 45578]]
Environmental Consideration
The NRC staff also considered in the review of this exemption
request whether there would be any significant environmental impacts
associated with the exemption. For this proposed action, the NRC staff
performed an environmental assessment pursuant to 10 CFR 51.30. The
proposed action is the approval of a request to exempt the applicant
from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.214, and the portion of 72.212(b)(11) that states
the licensee shall comply with the terms, conditions, and
specifications of the CoC. This would allow the applicant to load 24PHB
DSCs with M5 clad B&W Mark B11 and Mark B11A fuel assemblies in the
absence of Commission of approval of Amendment No. 13 to CoC 1004.
The environmental assessment concluded that the proposed action
would not significantly impact the quality of the human environment.
The NRC staff concludes that the proposed action will not result in any
changes in the types or amounts of any radiological effluents that may
be released offsite, and there is no significant increase in
occupational or public radiation exposure because of the proposed
action. The proposed action only affects the requirements associated
with the kinds of fuel cladding permitted for loading into the 24PHB
DSC, and does not affect plant effluents, or any other aspects of the
environment. The Environmental Assessment and the Finding of No
Significant Impact was published on July 3, 2013; 78 FR 40200.
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 grants the
applicant an exemption from the requirements of 10 CFR 72.212(a)(2),
72.212(b)(3), 72.212(b)(5)(i), 72.214, and the portion of 72.212(b)(11)
that states the licensee shall comply with the terms, conditions, and
specifications of the CoC only with regard to the loading of the M5
clad B & W Mark B11 and Mark B11A fuel. This exemption approval is only
valid for authorizing the loading of B&W 15x15 Mark B11 and Mark B11A
spent fuel assemblies in the TN Standardized NUHOMS[supreg] dry cask
storage system at the Oconee Nuclear Station ISFSI until December 31,
2014..
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 12th day of July 2013.
For the Nuclear Regulatory Commission.
Mark Lombard,
Director, Division of Spent Fuel Storage and Transportation, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2013-18170 Filed 7-26-13; 8:45 am]
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