[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56881-56883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24726]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295, 50-304, and 72-1037; NRC-2018-0243]
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 November 2, 2017, request submitted by
ZionSolutions, for its general license to operate an independent spent
fuel storage installation (ISFSI) at the Zion Nuclear Power Station
(ZNPS). The exemption would allow ZionSolutions to deviate from the
requirements in Certificate of Compliance (CoC) No. 1031, Amendment No.
6, Appendix A, Technical Specifications and Design Features for the
Modular Advanced Generation Nuclear All-purpose STORage
(MAGNASTOR[supreg]) System, Section 5.7, ``Training Program.''
DATES: This exemption is being issued on November 14, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0243 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0243. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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 ``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 (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-1018; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 13, 1998, Commonwealth Edison Company, the ZNPS
licensee at that time, submitted a letter (ADAMS Accession No.
ML15232A492) to the NRC certifying the permanent cessation of
operations at ZNPS, Units 1 and 2. On March 9, 1998, Commonwealth
Edison Company submitted a letter (ADAMS Accession No. ML15232A487) to
the NRC certifying the permanent removal of fuel from the reactor
vessels at ZNPS. On May 4, 2009, the NRC issued the Order (ADAMS
Accession No. ML090930037) 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
(ADAMS Accession No. ML102290437).
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 subpart K of 10 CFR part 72, ``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. ZionSolutions previously
registered to load and store spent fuel in MAGNASTOR[supreg] storage
casks, as approved by the NRC under CoC No. 1031, Amendment No. 3
(ADAMS Accession No. ML14028A257) at the ZNPS ISFSI. In 2015, the NRC
granted ZionSolutions' exemption request for CoC No. 1031, Amendment
No. 3. This exemption relieved ZionSolutions, under CoC No. 1031,
Amendment No. 3, from the requirement to develop training modules under
the general licensee's systematic approach to training (SAT) that
include comprehensive instructions for the operation and maintenance of
the ISFSI Structures, Systems and Components (SSCs), that as defined in
10 CFR 72.3, are not important to safety (80 FR 53347). On April 17,
2017, ZionSolutions re-registered to load and store spent fuel in
MAGNASTOR[supreg] storage casks, approved by the NRC under CoC No.
1031, Amendment No. 6 (ADAMS Accession No. ML17116A314). As a result,
the 2015 exemption no longer applies and so, ZionSolutions has
submitted this exemption request for using MAGNASTOR[supreg] storage
casks under Amendment No. 6.
II. Request/Action
By letter dated November 2, 2017 (ADAMS Accession No. ML17311A148),
ZionSolutions submitted a request for exemptions from certain
requirements of 10 CFR 72.212(a)(2), 72.212(b)(5), 72.212(b)(11), and
72.214. Specifically, ZionSolutions has requested an exemption from the
requirements of CoC No. 1031, Amendment No. 6, Appendix A, Technical
Specifications
[[Page 56882]]
and Design Features for the MAGNASTOR[supreg] System, Section 5.7,
``Training Program.'' Upon review, NRC staff has added 10 CFR
72.212(b)(3) to the exemption for the proposed action pursuant to its
authority under 10 CFR 72.7. The requirements in 10 CFR 72.212(b)(3)
provide that the general licensee must ensure that each cask used by
the general licensee conforms to the terms, conditions, and
specifications of a CoC or an amended CoC listed in 10 CFR 72.214.
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) as applicable to the status of ISFSI
operations.'' ZionSolutions has stated that its 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 SSCs, that as defined in 10 CFR 72.3, are not
important to safety. 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.
III. 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
The provisions in 10 CFR part 72 from which ZionSolutions is
requesting an exemption require the licensee to comply with the terms,
conditions, and specifications of the CoC for the approved cask model
it uses. The requested exemption would also allow ZionSolutions to
provide training/instructions in accordance with the manufacturer's
instructions and ZionSolutions approved procedures instead of using the
SAT methods for ISFSI SSCs not important to safety. Consistent with 10
CFR 72.7, the Commission may grant exemptions from the requirements of
10 CFR part 72. Additionally, 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. Issuance of this
exemption is consistent with the Atomic Energy Act of 1954, as amended,
and not otherwise inconsistent with NRC's regulations or other
applicable laws. Therefore, the exemption is authorized by law.
Will Not Endanger Life or Property or the Common Defense and Security
If the requested exemption is granted, ZionSolutions would provide
training/instructions in accordance with manufacturer's instructions
and ZionSolutions approved procedures, instead of using the SAT
methods, for ISFSI SSCs not important to safety. There are no changes
to design or operations of the ISFSI, and no changes to safety- or
security-related components. Therefore, issuance of the exemption will
not endanger life or property or the common defense and security.
Additionally, in 2015, the NRC granted a similar exemption to
ZionSolutions that only applied to using MAGNASTOR[supreg] storage
casks under Amendment No. 3. In April 2017, ZionSolutions re-registered
to load and store spent fuel in MAGNASTOR[supreg] storage casks under
Amendment No. 6 and so, the 2015 exemption no longer applies. As a
result, ZionSolutions submitted this exemption request for using
MAGNASTOR[supreg] storage casks under Amendment No. 6.
Otherwise in the Public Interest
Approval of this exemption request will only allow ZionSolutions to
provide training that is not developed under a SAT program for ISFSI
SSCs not important to safety. 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.
These funds do not belong to the utility and 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 the need to expend decommissioning trust
fund resources on these additional training requirements.
NRC staff finds that the exemption is otherwise in the public
interest because the resources saved from developing training
activities under the SAT program can be utilized for other
decommissioning activities. For example, it could reduce the time
needed to complete decommissioning activities and reduce the risk of
radiological effects to workers and the public and ameliorate any
unexpected event.
Environmental Considerations
In reviewing this exemption request, the NRC staff also considered
whether there would be any significant environmental impacts associated
with the exemption. Granting this exemption from 10 CFR 72.212(a)(2),
72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 only allows
the licensee to develop a training program not under the SAT program
for operation and maintenance of ISFSI SSCs not important to safety as
defined in 10 CFR 72.3. The NRC staff has determined that this proposed
action meets the categorical exclusion criteria in 10 CFR 51.22(c)(25).
Specifically, the criteria under 10 CFR 51.22(c)(25)(i)-(v) are also
satisfied. In its review, the NRC staff determined that approving
ZionSolutions' request is in accordance with10 CFR 51.22(c)(25) because
the exemption request: (i) Does not involve a significant hazards
considerations because the requested exemption does not involve changes
to the design or operation of the safety systems for the
MAGNASTOR[supreg] system or ISFSI, and it would not reduce a margin of
safety, nor create a new or different kind of accident from any
accident previously evaluated, nor significantly increase the
probability or consequences of an accident previously evaluated; (ii)
would not produce a significant change in either the types or the
amounts of any effluents that may be released offsite because the
requested exemption neither changes the effluents nor produces
additional avenues of effluent release; (iii) would not result in a
significant increase in either occupational radiation exposure or
public radiation exposure because the requested exemption neither
introduces new radiological hazards nor increases existing radiological
hazards; (iv) would not result in a significant construction impact
because there is no construction activity associated with the requested
exemption; and (v) would not increase either the potential for or
consequences from radiological accidents because the requested
exemption does not involve
[[Page 56883]]
any changes to the design, safety limits, or safety analysis
assumptions associated with the cask system and would not create any
new accident precursors. The exemption also relates solely to training
requirements. Therefore this exemption is categorically excluded from
further analysis under 10 CFR 51.22(c)(25)(vi)(E).
Pursuant to 10 CFR 51.22(c), no environmental impact statement or
environmental assessment needs to be prepared in connection with the
approval of this exemption request.
IV. Conclusions
Based on the above considerations, the NRC staff 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 72.212(a)(2),
72.212(b)(3), 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 CoC
No. 1031, Amendment No. 6, 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 program 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.
The exemption is effective upon issuance.
Dated at Rockville, Maryland, on November 7, 2018
For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-24726 Filed 11-13-18; 8:45 am]
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