[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8756-8758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03590]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-213, and 72-1025; NRC-2016-0031]


Independent Spent Fuel Storage Installation, Connecticut 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 an August 31, 2015, request from Connecticut 
Yankee Atomic Power Company, (CYAPC or licensee) from NRC's requirement 
to comply with the terms, conditions, and specifications in Amendment 5 
of the NAC International, (NAC),--Multi-Purpose Canister (MPC) System 
Certificate of Compliance (CoC) No. 1025, Appendix A ``Technical 
Specifications for NAC-MPC System,'' Technical Specifications (TS) 
A.5.3 ``Surveillance After an Off-Normal, Accident, or Natural 
Phenomena Event'' at the Haddam Neck Plant (HNP) independent spent fuel 
storage installation (ISFSI). The exemption request seeks a 
modification of TS A.5.3 inspection requirements for the inlet and 
outlet vents following off-normal, accident, and natural phenomena 
events.

ADDRESSES: Please refer to Docket ID NRC-2016-0031 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-2016-0031. 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]. 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, the holder of Facility Operating License No. DPR-61, 
is CYAPC, which authorizes operation of the HNP in Haddam, Connecticut, 
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. The licensee, CYAPC, 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 HNP ISFSI. Under 
the terms of the general license, CYAPC stores spent fuel using 
Amendment 5 of the NAC-MPC CoC No. 1025.

 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 HNP 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-MPC CoC No. 1025 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

[[Page 8757]]

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 
1025 and Amendment No. 5.
    The licensee, as a 10 CFR 72 general licensee, is required to use 
the NAC-MPC System according to the technical specifications of the 
NAC-MPC System CoC No. 1025. Amendment 5 of the NAC-MPC CoC No. 1025, 
Appendix A, ``Technical Specifications for the NAC-MPC System,'' 
Technical Specification (TS) A 5.3, ``Surveillance After an Off-Normal, 
Accident, or Natural Phenomena Event'' requires that a general licensee 
undertake a visual surveillance of the NAC-MPC casks within 4 hours 
after the occurrence of an off-normal, accident or natural phenomena 
event in the area of the ISFSI. This NAC-MPC 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-MPC TS A 5.3 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-MPC TS A 
3.1.6 as an alternative to the visual surveillance method specified in 
NAC-MPC TS A 5.3. 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-MPC 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 HNP 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 to 
establish operability of the Concrete Cask Heat Removal System for all 
NAC-MPC No. 1025 casks.
    The proposed alternative for implementing TS A 5.3 provides that 
Surveillance Requirement (SR) 3.1.6.1 is required following off-normal, 
accident or natural phenomena events. The NAC-MPC 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-MPC System. Additionally, if a 
CONCRETE CASK Heat Removal System(s) for one or more NAC-MPC Systems is 
determined to be inoperable, Required Action A.1 of TS A 3.1.6 requires 
the licensee to restore the affected Concrete Cask Heat Removal 
System(s) to an operable condition within 8 hours.
    The NAC-MPC 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-MPC TS A 3.1.6 or NAC-MPC TS A 5.3. Section 11.1.1 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, provided 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 in following paragraphs, 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 ADAMS accession numbers 
for the applicable documents are:

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                                                       ADAMS  accession
           Document                     Date                  No.
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Exemption Request............  August 31, 2015......  ML15254A051
Letter of transmittal........  NA...................  ML16042A395
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The Exemption Is Authorized by Law

    The exemption would permit the licensee to use either of the 
inspection methods permitted by NAC-MPC TS A 3.1.6 as an alternative to 
the single surveillance method in NAC-MPC TS A 5.3. 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-MPC TS A 5.3, 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 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. Therefore, 
the exemption is authorized by law.

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-MPC 
TS A 3.1.6 as an alternative to the single-method surveillance response 
in NAC-MPC TS A 5.3. Technical Specifications 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-MPC 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-MPS 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 restore the affected Concrete Cask Heat 
Removal System(s) to an operable condition within 8 hours.

[[Page 8758]]

    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 5.3. The use of either method 
will ensure that adequate air flows past the storage canisters and that 
heat transfer occurs. For these reasons, NRC the staff found the same 
level of safety is obtained by using either of the TS A 3.1.6 methods 
to comply with NAC-MPC TS A 5.3 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-MPC TS A 5.3. 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 HNP 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-MPC System require the Concrete 
Cask Heat Removal System for each cask to be operable during storage 
operation, therefore 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-MPC TS A 3.1.6 as an alternative to the single-method surveillance 
response in NAC-MPC TS A 5.3, 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 CYAPC ISFSI involves 
the visual surveillance requirement associated with TS A 5.3. 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-MPC TS A 5.3, may be 
substituted with the SR, conditions, required actions, and completion 
times defined in NAC-MPC TS A 3.1.6.
    In its review of the exemption request, the 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 grants CYAPC 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.5.3 for the NAC-MPC System CoC No. 1025 storage casks at the HNP 
ISFSI. The exemption authorizes the licensee to use the SR, conditions, 
required actions, and completion times defined in NAC-MPC TS A 3.1.6 to 
comply with NAC-MPC TS A 5.3 after off-normal, accident, or natural 
phenomena events, but is specifically limited to 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).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 10th day of February, 2016.

    For the Nuclear Regulatory Commission.
Bernard H. White IV,
Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-03590 Filed 2-19-16; 8:45 am]
 BILLING CODE 7590-01-P