[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53347-53350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21794]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295, 50-304, and 72-1037; NRC-2015-0190]
ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2
Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a request submitted by ZionSolutions on August
25, 2014, to its general license to operate an independent spent fuel
storage installation (ISFSI) at the Zion Nuclear Power Station (ZNPS).
The exemption permits ZionSolutions to deviate from the requirements in
Certificate of
[[Page 53348]]
Compliance No. 1031, Amendment No. 3, Appendix A, Technical
Specifications and Design Features for the Modular Advanced Generation
Nuclear All-purpose STORage (MAGNASTOR[supreg]) System, Section 5.7,
Training Program. ZionSolutions is currently loading MAGNASTOR[supreg]
storage casks and maintains that relief from certain training
requirements will reduce costs associated with applying a more complex
and labor intensive training process than required by regulation.
DATES: Notice of issuance of exemption given on September 3, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0190 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0190. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 obtain publicly-available documents online in the
ADAMS Public Documents collection 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]. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document. Some documents referenced are located in the NRC's ADAMS
Legacy Library. To obtain these documents, contact the NRC's PDR for
assistance.
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: John Vera, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington
DC 20555-0001; telephone: 301-415-5790; email: [email protected].
I. Background
In February 1998, ZNPS, Units 1 and 2, were permanently shut down.
On February 13, 1998, Commonwealth Edison Company, the ZNPS licensee at
that time, submitted a letter certifying the permanent cessation of
operations at ZNPS, Units 1 and 2. On March 9, 1998, Commonwealth
Edison Company submitted a letter certifying the permanent removal of
fuel from the reactor vessels at ZNPS. On May 4, 2009, the NRC issued
the order to transfer the ownership of the permanently shut down ZNPS
facility and responsibility for its decommissioning to ZionSolutions.
This transfer was effectuated on September 1, 2010. ZionSolutions was
established solely for the purpose of acquiring and decommissioning the
ZNPS facility for release for unrestricted use, while transferring the
spent nuclear fuel and Greater-Than-Class C radioactive waste to the
ZNPS ISFSI. ZionSolutions holds Facility Operating License Nos. DPR-39
and DPR-48, which authorize possession of spent fuel from the operation
of ZNPS, Units 1 and 2, in Zion, Illinois, pursuant to part 50 of Title
10 of the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities.'' The licenses provide, among
other things, that the facility must comply with all applicable NRC
requirements.
Consistent with 10 CFR part 72, subpart K, ``General License for
Storage of Spent Fuel at Power Reactor Sites,'' 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. ZionSolutions is currently authorized to store
spent fuel at the ZNPS ISFSI under the 10 CFR part 72 general license
provisions.
The conditions of the 10 CFR part 72 general license, specifically
10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11),
require a general licensee to store spent fuel in an approved spent
fuel storage cask listed in 10 CFR 72.214, and to comply with the
conditions specified in the cask's CoC. The ZNPS ISFSI is currently
loading and storing spent fuel in MAGNASTOR[supreg] storage casks,
approved by the NRC under CoC No. 1031, Amendment No. 3.
The MAGNASTOR[supreg] system provides for the vertical dry storage
of spent fuel assemblies in a welded transportable storage canister
(TSC). The storage system components for the MAGNASTOR[supreg] system
consist of a vertical concrete cask (VCC), a TSC with an internal
basket assembly that holds the spent fuel assemblies, and a transfer
cask, which contains the TSC during loading, transfer, and unloading
operations. The VCC is constructed of reinforced concrete designed to
withstand all normal condition loads, as well as abnormal condition
loads created by natural phenomena such as earthquakes and tornados.
The storage system is also designed to withstand design-basis accident
conditions.
II. Request/Action
By letter dated August 25, 2014, ZionSolutions submitted a request
for exemptions from specific portions of the requirements of 10 CFR
72.212, ``Conditions of general license issued under Sec. 72.210,''
specifically 10 CFR 72.212(a)(2), 72.212(b)(5), 72.212(b)(11), and 10
CFR 72.214, ``List of approved spent fuel storage casks.''
Specifically, ZionSolutions has requested an exemption from the
requirements of Certificate of Compliance No. 1031, Amendment 3,
Appendix A, Technical Specifications and Design Features for the
MAGNASTOR[supreg] System, Section 5.7 ``Training Program.''
Section 5.7 in Appendix A requires the following: ``A training
program for the MAGNASTOR[supreg] system shall be developed under the
general licensee's systematic approach to training (SAT). Training
modules shall include comprehensive instructions for the operation and
maintenance of the MAGNASTOR[supreg] system and the independent spent
fuel storage installation (ISFSI).'' ZionSolutions has stated that the
training program for the MAGNASTOR[supreg] system was developed using
the SAT methods. The training modules included comprehensive
instructions for the operation and maintenance of the MAGNASTOR[supreg]
system. The exemption request applies only to developing a training
program under SAT for operation and maintenance of ISFSI Structures,
Systems and Components (SSCs), which are not important to safety as
defined in 10 CFR 72.3. If granted, ZionSolutions will provide
training/instructions for such SSCs in accordance with manufacturer's
instructions and ZionSolutions approved procedures, instead of
developing such training and instructions using the SAT methods.
The NRC has the authority under 10 CFR 72.7 to grant specific
exemptions from 10 CFR part 72 requirements if it determines that the
exemption is authorized by law and will not endanger life or property
or the common defense and security and the exemption is otherwise in
the public interest. For the
[[Page 53349]]
reasons described below, the NRC is granting an exemption to
ZionSolutions.
III. Discussion
Pursuant to 10 CFR 72.7, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 72 when it determines that the
exemptions are authorized by law, will not endanger life or property or
the common defense and security, and are otherwise in the public
interest.
A. Authorized by Law
Under 10 CFR 72.7, the NRC may grant exemptions from the
requirements of 10 CFR part 72 if 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. 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. The
ISFSI regulations cited in this exemption request are 10 CFR
72.212(a)(2), 72.212(b)(5)(i), 72.212(b)(11), and 10 CFR 72.214, which,
in general, provide that the licensee shall comply with the terms,
conditions, and specifications of the CoC. The Commission has the legal
authority to issue exemptions from the requirements of 10 CFR part 72
pursuant to 10 CFR 72.7. Issuance of this exemption is consistent with
the Atomic Energy Act of 1954, as amended, and is not otherwise
inconsistent with NRC regulations or other applicable laws. Therefore,
issuance of the exemption is authorized by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
Approval of this exemption request will only allow ZionSolutions to
provide training that has not been developed under a SAT program for
non-safety related ISFSI SSCs. There are no changes to design or
operations of the ISFSI, and no changes whatsoever to safety or
security-related components. If granted, ZionSolutions will provide
training/instructions for such SSCs in accordance with manufacturer's
instructions and ZionSolutions approved procedures, instead of
developing such training and instructions using the SAT methods.
Therefore, issuance of the exemption will not endanger life or property
or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
Approval of this exemption request will only allow ZionSolutions to
provide training that was not developed under a SAT program for non-
safety-related ISFSI SSCs. The costs associated with these activities
are paid from the decommissioning trust fund for ZNPS. Decommissioning
trust funds are funds set aside during plant operation and do not
belong to the utility but are retained in the public interest solely to
pay for eventual decommissioning of the plant. ZNPS is currently in a
decommissioning process. As such, there is a finite amount of funds
which exists to complete decommissioning activities. With regard to the
subject request, exemption from implementation of this training process
relieves an economic burden. ZionSolutions stated in their exemption
request that the exemption ``is in the public interest in that it will
reduce costs associated with applying a more complex and labor
intensive training process than required by regulation with no
commensurate safety benefit.'' Furthermore, NRC staff finds the
exemption in the public interest, because the resources saved from
developing training activities under SAT can be utilized for other
decommissioning activities including, for example, reducing the time to
complete decommissioning and thus reducing risk of radiological effects
to workers and the public and ameliorating an unexpected event, such as
an accident.
D. Environmental Considerations
In reviewing this exemption request, the staff also considered
whether there would be any significant environmental impacts associated
with the exemption. For this proposed action, the staff reviewed the
categorical exclusion criteria in 10 CFR 51.22(c)(25). The regulations
in 10 CFR 51.22(c)(25) provide a categorical exclusion for the granting
of licensee exemption requests. In order for the 10 CFR 51.22(c)(25)
categorical exclusions to apply, the proposed action must meet the
criteria listed in 10 CFR 51.22(c)(25)(i)-(vi). An analysis of these
provisions is provided below.
i. 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. As the requested exemption does not involve changes
to the design or operation of the safety systems for the
MAGNASTOR[supreg] system or ISFSI, the above elements are not affected;
therefore, no significant hazards will result from issuance of this
exemption.
ii. 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 applies only to developing a training
program not under SAT for operation and maintenance of ISFSI SSCs that
are not defined in 10 CFR 72.3 as important to safety, 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.
iii. 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 applies only to developing a training
program not under SAT for operation and maintenance of ISFSI SSCs that
are not defined in 10 CFR 72.3 as important to safety, 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.
iv. 10 CFR 51.22(c)(25)(iv)--There is no significant construction
impact.
The proposed exemption, which applies only to developing a training
program not under SAT for operation and maintenance of ISFSI SSCs that
are not defined in 10 CFR 72.3 as important to safety, would not
involve any construction activities. Therefore, there is no significant
construction impact.
v. 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 applies only to developing a training
program not under SAT for operation and maintenance of ISFSI SSCs that
are not defined in 10 CFR 72.3 as important to safety, 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.
[[Page 53350]]
vi. 10 CFR 51.22(c)(25)(vi)--The requirements from which an
exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance requirements;
(D) Equipment servicing or maintenance scheduling requirements;
(E) Education, training, experience, qualification, requalification
or other employment suitability requirements;
(F) Safeguard plans, and materials control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity requirements; or
(I) Other requirements of an administrative, managerial, or
organizational nature.
The proposed exemption applies only to developing a training
program not under SAT for operation and maintenance of ISFSI SSCs that
are not defined in 10 CFR 72.3 as important to safety. The requirements
from which an exemption is sought involve only training, and the
exemption is thus applicable for a categorical exclusion under 10 CFR
51.22(c)(25)(vi)(E).
Based on the above considerations, the NRC staff concludes that the
proposed exemption meets the eligibility criteria for categorical
conclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10
CFR 51.22(b), no environmental impact statement or environmental
assessment is required to be prepared in connection with the proposed
issuance of the exemption.
IV. Conclusions
Based on the above considerations, the NRC has determined, pursuant
to 10 CFR 72.7, that this 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 Commission hereby
grants ZionSolutions an exemption from 10 CFR parts 72.212(a)(2),
72.212(b)(5)(i), 72.212(b)(11) and 72.214, which state that the
licensee shall comply with the terms, conditions, and specifications of
the CoC, only with regard to the requirements of Certificate of
Compliance No. 1031, Amendment No. 3, Appendix A, Technical
Specifications and Design Features for the MAGNASTOR[supreg] System,
Section 5.7 ``Training Program.'' The exemption only exempts
ZionSolutions from the requirement to develop training modules under
the SAT that include comprehensive instructions for the operation and
maintenance of the ISFSI SSCs that are not important to safety. The SAT
training requirements are still applicable to all important to safety
components, as required by the CoC.
V. Availability of Documents
The documents identified in the following table are publicly
available to interested persons in ADAMS. For information on accessing
ADAMS see the ADDRESSES section of this document.
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Document ADAMS Accession No.
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Commonwealth Edison Company letter ML15232A492
certifying the permanent cessation of
operations at ZNPS, Units 1 and 2.
Commonwealth Edison Company letter ML15232A487
certifying the permanent removal of
fuel from the reactor vessels at ZNPS.
NRC order and conforming amendments ML090930037
transferring ownership of ZNPS facility.
Letter issuing conforming amendments ML102290437
relating to transfer of licenses for
ZNPS.
Zion exemption request.................. ML14241A424
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The exemption is effective upon issuance.
Dated at Rockville, Maryland, this 21st day of August, 2015.
For the Nuclear Regulatory Commission.
William C. Allen,
Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-21794 Filed 9-2-15; 8:45 am]
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