[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]
 BILLING CODE 7590-01-P