[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8258-8261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03413]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-309, and 72-1015; NRC-2016-0028]


Independent Spent Fuel Storage Installation, Maine Yankee Atomic 
Power Company

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 September 1, 2015, request from Maine Yankee 
Atomic Power Company, (MYAPC or licensee) from the requirement to 
comply with the terms, conditions, and specifications regarding the 
method of compliance defined in Amendment 5 of the NAC International 
(NAC)-UMS System Certificate of Compliance (CoC) No. 1015, Appendix A 
``Technical Specifications for NAC-UMS System'', Technical 
Specifications (TS) A.5.4 ``Surveillance After an Off-Normal, Accident, 
or Natural Phenomena Event'' at the Maine Yankee (MY) Independent Spent 
Fuel Storage Installation (ISFSI). The exemption request seeks a 
modification of TS A.5.4 inspection requirements for the inlet and 
outlet vents following off-normal, accident, and natural phenomena 
events.

ADDRESSES: Please refer to Docket ID NRC-2016-0028 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-2016-0028. 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

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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]. 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: John Goshen, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-6933, email: 
[email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 
20555.

SUPPLEMENTARY INFORMATION:

I. Background

    The licensee is the holder of Facility Operating License No. DPR 36 
which authorizes operation of MY located near Wiscasset, Maine, 
pursuant to part 50 of title 10 of the Code of Federal Regulations (10 
CFR). The facility is in decommissioned status. The license provides, 
among other things, that the facility is subject to all rules, 
regulations, and orders of the NRC now or hereafter in effect.
    Under Subpart K of 10 CFR part 72, a general license has been 
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. Maine Yankee Atomic Power Company is licensed to 
operate a nuclear power reactor under 10 CFR part 50, and authorized 
under the 10 CFR part 72 general license to store spent fuel at the MY 
ISFSI. Under the terms of the general license, MY stores spent fuel 
using Amendment No. 5 of the NAC-UMS CoC No. 1015.

II. Request/Action

    The licensee requests an exemption from 10 CFR 72.212(b)(3), 10 CFR 
72.212(b)(5)(i), and 10 CFR 72.214 for the MY ISFSI.
     Section 72.212(b)(3) requires that a general licensee use 
casks that conform to the terms, conditions, and specifications of a 
CoC or amended CoC listed in Sec.  72.214. The NAC-UMS CoC No. 1015 is 
listed in 10 CFR 72.214.
     Section 72.212(b)(5)(i) requires, in relevant part, that a 
general licensee demonstrate a loaded cask will conform to the terms, 
conditions, and specifications of a CoC for a cask listed in Sec.  
72.214.
     Section 72.214 lists casks which are approved for storage 
of spent fuel under conditions specified in their CoCs, including CoC 
1015 and Amendment No. 5.
    The licensee, as a 10 CFR 72 general licensee, is required to use 
the NAC-UMS System according to the TS of the NAC-UMS System CoC No. 
1015. Amendment No. 5 of the NAC-UMS CoC No. 1015, Appendix A, 
``Technical Specifications for the NAC-UMS System.'' Technical 
specification A 5.4, ``Surveillance After an Off-Normal, Accident, or 
Natural Phenomena Event'' requires that a general licensee undertake a 
visual surveillance of the NAC-UMS casks within 4 hours after the 
occurrence of an off-normal, accident or natural phenomena event in the 
area of the ISFSI. This NAC-UMS cask inspection is part of the general 
licensee's surveillance response to verify that all the CONCRETE CASK 
inlets and outlets are not blocked or obstructed. The NAC-UMS TS A 5.4 
also requires that at least one-half of the inlets and outlets on each 
CONCRETE CASK be cleared of blockage or debris within 24 hours to 
restore air circulation.
    The licensee seeks the NRC's authorization to use NAC-UMS TS A 
3.1.6 as an alternative to the visual surveillance method specified in 
NAC-UMS TS A 5.4. Technical Specification A 3.1.6 permits either visual 
surveillance of the inlets and outlets screens or temperature 
monitoring of each cask to establish the operability of the Concrete 
Cask Heat Removal System for each NAC-UMS cask and to show that the 
limiting conditions for operation under 3.1.6 are met. Technical 
Specification A 3.1.6 establishes ongoing requirements that MY must 
comply with during all phases of the cask storage operations, not only 
after an unusual event in the area of the ISFSI. In effect, TS A 3.1.6 
provides continuous temperature monitoring or visual verification of 
all NAC-UMS No. 1015 casks.
    The proposed alternative for implementing TS A 5.4 provides that 
Surveillance Requirement (SR) 3.1.6.1 is required to be performed 
following off-normal, accident or natural phenomena events. The NAC-UMS 
SYSTEMs in use at an ISFSI shall be inspected in accordance with SR 
3.1.6.1 within 4 hours after the occurrence of an off-normal, accident 
or natural phenomena event in the area of the ISFSI to confirm 
operability of the CONCRETE CASK Heat Removal System for each NAC-UMS 
System. If a CONCRETE CASK Heat Removal System(s) for one or more NAC-
UMS Systems is determined to be inoperable, Condition A of TS A 3.1.6 
shall be entered and the Required Actions and associated Completion 
Times met, including the immediate assurance of adequate heat removal 
to prevent exceeding short-term temperature limits for each affected 
cask.
    The NAC-UMS Final Safety Analysis Report (FSAR) supports the use of 
either method defined in SR 3.1.6.1 to establish operability to comply 
with NAC-UMS TS A 3.1.6 or NAC-UMS TS A 5.4. Section 11.1.2.2 of the 
FSAR states, ``Blockage of Half of the Air Inlets would be detected by 
the daily concrete cask operability inspection, which is performed 
either by the outlet air temperature measurements or by visual 
inspection of the inlet and outlet screens for blockage and 
integrity.''

III. Discussion

    Under 10 CFR 72.7, the Commission may, upon application by any 
interested person or upon its own initiative, grant an exemption from 
the requirements of 10 CFR part 72, 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 is lawful, will not endanger life or property, or 
the common defense and security, and is otherwise in the public 
interest.

The Exemption Is Authorized by Law

    The exemption would permit the licensee to use either of the 
inspection methods permitted by NAC-UMS TS A 3.1.6 as an alternative to 
the single surveillance method in NAC-UMS TS A 5.4. The licensee would 
conduct a surveillance response within 4 hours after the occurrence of 
an off-normal, accident, or natural phenomena event, as required by 
NAC-UMS TS A 5.4, but would be permitted to use either temperature 
monitoring or visual inspection to ensure the Concrete Cask Heat 
Removal Systems are within the limiting conditions for operation. The 
exemption is limited to off-normal, accident, or natural phenomena 
events, specifically major snow or icing events (snow/ice events that 
have the potential to or that exceed blockage of greater than one-half 
of the inlet or outlet vents).
    The licensee requested an exemption from the provisions in 10 CFR 
part 72 that requires the licensee to comply

[[Page 8260]]

with the terms, conditions, and specifications of the CoC for the 
approved cask model that it uses. Section 72.7 allows the NRC to grant 
exemptions from the requirements of 10 CFR part 72. Issuance of this 
exemption is consistent with the Atomic Energy Act of 1954, as amended, 
and is not inconsistent with NRC regulations or other applicable laws.

The Exemption Is Consistent With the Common Defense and Security

    The requested exemption would allow the licensee to use the SR, 
conditions, required actions, and completion times defined in NAC-UMS 
TS A 3.1.6 as an alternative to the single-method surveillance response 
in NAC-UMS TS A 5.4. TS A 3.1.6 permits either visual inspection of the 
inlet and outlet screens or temperature monitoring to establish the 
operability of the Concrete Cask Heat Removal System for each NAC-UMS 
System and to comply with the limiting conditions for operation for TS 
A 3.1.6. Surveillance requirement 3.1.6.1 permits temperature 
monitoring or visual inspection of the inlet and outlet screens to be 
utilized to establish the operability of the Concrete Cask Heat Removal 
System for each NAC-UMS System to meet Limiting Condition for Operation 
3.1.6. In the event the applicable acceptance criterion of SR 3.1.6.1 
is not met, Required Action A.1 requires the licensee to immediately 
ensure adequate heat removal to prevent exceeding short-term 
temperature limits for each affected cask.
    The NRC staff reviewed the licensee's request and finds allowing 
the use of either visual surveillance of the inlet and outlet screens 
or temperature monitoring of the inlets and outlets within 4 hours of 
the occurrence of off-normal, accident, or natural phenomena events, 
when limited to major snow and icing events, does not compromise 
safety. The exemption still requires the licensee to perform SR 3.1.6.1 
to establish the operability of the Concrete Cask Heat Removal Systems 
every 24 hours via temperature monitoring or visual inspection of the 
inlet and outlet screens. In addition, the exemption provides no 
additional time to complete the required surveillance of the inlets and 
outlets screens in accordance with TS A 5.4. The use of either method 
will ensure that adequate air flows past the storage canisters and that 
heat transfer occurs. For these reasons, the NRC staff found the same 
level of safety is obtained by using either of the TS A 3.1.6 methods 
to comply with NAC-UMS TS A 5.4 during limited types off-normal, 
accident, or natural phenomena.
    The NRC staff has determined that the thermal, structural, 
criticality, retrievability, and radiation protection requirements of 
10 CFR part 72 and the offsite dose limits of 10 CFR part 20 will be 
maintained. For these reasons, the NRC staff finds the same level of 
safety is obtained by using either of the TS A 3.1.6 methods to comply 
with NAC-UMS TS A 5.4. Therefore, the NRC concludes that the exemption 
will not endanger life or property or the common defense and security.

The Exemption Presents No Undue Risk to Public Health and Safety

    As described in the application, exempting the licensee from visual 
surveillance of cask inlet and outlet vents within 4 hours of a major 
snowstorm would allow the licensee to prioritize more effectively 
important storm-related activities at the MY site. Snow and ice 
blockage of the inlet and outlet vents is unusual. Moreover, snow and 
ice blockages are identified reliably by temperature monitoring of 
individual casks. The NRC staff recognizes there is a risk to the 
safety of workers responsible for clearing snow and ice from cask pads 
during extreme winter conditions when visual surveillance of casks must 
be undertaken within 4 hours. The NRC staff finds this risk to workers 
can be reduced by using SR 3.1.6.1 to establish the operability of the 
Concrete Cask Heat Removal Systems via temperature monitoring or visual 
inspection of the inlet and outlet screens. In addition, the limiting 
conditions for operation of the NAC-UMS System require the Concrete 
Cask Heat Removal System for each cask to be operable during storage 
operation thus ensuring public health and safety are not reduced.
    Therefore, the NRC staff finds that allowing the licensee to use 
the SR, conditions, required actions, and completion times defined in 
NAC-UMS TS A 3.1.6 as an alternative method to the single-method 
surveillance response in NAC-UMS TS A 5.4 would reduce worker safety 
risks to plant workers involved in snow removal. Therefore, granting 
the exemption is otherwise in the public interest.

Environmental Considerations

    The NRC staff evaluated whether there would be significant 
environmental impacts associated with the issuance of the requested 
exemption. The NRC staff determined the proposed action fits a category 
of actions that do not require an environmental assessment or 
environmental impact statement. The exemption meets the categorical 
exclusion requirements of 10 CFR 51.22(c)(25)(i)-(vi).
    Granting an exemption from the requirements of 10 CFR 72.212(b)(3), 
10 CFR 72.212(b)(5)(i), and 10 CFR 72.214 for the MY ISFSI involves the 
inspection and surveillance requirements associated with TS A 5.4. A 
categorical exclusion for inspection and SRs is provided under 10 CFR 
51.22(c)(25)(vi)(C), if the criteria in 10 CFR 51.22(c)(25)(i)-(v) are 
also satisfied.
    The granting of the exemption: (i) Would not involve a significant 
hazards consideration because it does not reduce a margin of safety, 
create a new or different kind of accident not previously evaluated, or 
significantly increase the probability or consequences of an 
unevaluated accident; (ii) would not create a significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite because the exemption does not change or produce 
additional avenues of effluent release; (iii) would not significantly 
increase individual or cumulative public or occupational radiation 
exposure because the exemption does not introduce new or increased 
radiological hazards; (iv) would not result in significant construction 
impacts because the exemption would not involve construction or other 
ground disturbing activities, nor change the footprint of the existing 
ISFSI; (v) would not significantly increase the potential for or 
consequences from radiological accidents because the exemption requires 
a surveillance method that ensures the heat removal system of casks is 
maintained within the limiting conditions for operation; and (vi) the 
request seeks exemption from inspection or surveillance requirements, 
specifically, the single-method SR in NAC-UMS TS A 5.4 may be 
substituted with the SR, conditions, required actions, and completion 
times defined in NAC-UMS TS A 3.1.6.
    In its review of the exemption request, the NRC staff determined 
the proposed exemption meets the eligibility criterion for categorical 
exclusion in 10 CFR 51.22(c)(25). Therefore, there are no significant 
radiological environmental impacts associated with the proposed action.

IV. Conclusion

    The NRC has determined that, under 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

[[Page 8261]]

grants MYAPC an exemption from the requirements in 10 CFR 72.212(b)(3), 
10 CFR 72.212(b)(5)(i), 10 CFR 72.214, and to TS A.5.4 for the NAC-UMS 
System CoC No. 1015 storage casks at the MY ISFSI. The exemption 
authorizes the licensee to use the surveillance requirement, 
conditions, required actions, and completion times defined in NAC-UMS 
TS A 3.1.6 to comply with NAC-UMS TS A 5.4 after off-normal, accident, 
or natural phenomena events, but is specifically limited to major snow 
or icing events.

    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 4th day of February, 2016.

    For the Nuclear Regulatory Commission.
Steve Ruffin,
Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-03413 Filed 2-17-16; 8:45 am]
 BILLING CODE 7590-01-P