[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32965-32968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14711]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-30, 50-309, and 72-1015; NRC-2019-0116]
Maine Yankee Atomic Power Company; Independent Spent Fuel Storage
Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; safety evaluation and environmental assessment with
finding of no significant impact; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing four
exemptions requested by Maine Yankee Atomic Power Company (Maine
Yankee). The requested exemptions are from NRC regulations that require
compliance with the terms, conditions, and specifications of
Certificate of Compliance (CoC) No. 1015 for the NAC-UMS[supreg] spent
fuel storage system at Maine Yankee's Independent Spent Fuel Storage
Installation (ISFSI). Maine Yankee currently stores sixty NAC-
UMS[supreg] System canisters under Amendment No. 5 to CoC No. 1015. In
order to adopt Amendment No. 6 to CoC No. 1015, Maine Yankee is
requesting the reissuance of the four previously approved exemptions.
DATES: The environmental assessment (EA) and finding of no significant
impact (FONSI) referenced in this document are available on July 10,
2019. The exemption takes effect on July 10, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0116 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 https://www.regulations.gov and search for Docket ID NRC-2019-0116. 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 https://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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
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: Torre Taylor, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7900; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Maine Yankee is a general licensee under part 72 of title 10 of the
Code of Federal Regulations (CFR). Maine Yankee stores spent nuclear
fuel in accordance with the requirements of CoC No. 1015 for the NAC-
UMS[supreg] System. Section 72.210, ``General license issued,''
establishes a general license to store spent nuclear fuel in an ISFSI
at reactor sites licensed under 10 CFR part 50; Maine Yankee holds
Facility Operating License No. DPR 36 under 10 CFR part 50. Section
72.212, ``Conditions of general license issued under Sec. 72.210,''
provides the conditions for use of a general license. Section
72.212(b)(3) limits the storage of spent fuel to the approved casks
listed in Sec. 72.214. Casks are approved for storage under the
conditions specified in the respective CoCs. The NRC approved the use
of the NAC-UMS[supreg] System by issuing CoC No. 1015, effective
November 20, 2000. NRC regulations require users to comply with the
terms and conditions of the CoC including, but not limited to, the
associated technical specifications. The requested exemptions would
allow Maine Yankee to deviate from certain requirements of the NAC-
UMS[supreg] System CoC No. 1015, Amendment No. 6, as discussed in this
document.
II. Request/Action
Maine Yankee is requesting the reissuance of four exemptions from
the terms and conditions of Amendment No. 6 to CoC No. 1015 that were
previously approved for Amendment No. 5 to CoC No. 1015. Maine Yankee
submitted its request by letter dated January 21, 2019, supplemented by
letter dated April 11, 2019. Maine Yankee requested specific exemptions
from the requirements in 10 CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11), and 72.214, with regard to certain
terms and conditions of Appendices A and B to the technical
specifications of Amendment No. 6 to CoC No. 1015 detailed below.
Maine Yankee stated that adoption of the exemptions would not
result in any impact to the safe storage of the spent fuel at the ISFSI
and will not increase the probability or consequences of an accident.
The four exemptions are:
1. Appendix A, Section A.3.1.4, Canister Maximum Time in Transfer
Cask. This exemption is from the requirement to comply with the 25-day
requirement in Limiting Condition of Operation 3.1.4 for canister, NAC-
UMS-TSC-790-016.
2. Appendix A, Section A.5.1, Training Program. This exemption is
from the requirement to develop a systematic approach to training that
includes comprehensive instructions for the operation and maintenance
of the ISFSI, except for the NAC-UMS[supreg] System.
3. Appendix A, Section A.5.5, Radioactive Effluent Control Program.
This exemption is from the requirement to submit an annual report
pursuant to 10 CFR 72.44(d)(3) or 10 CFR 50.36(a).
4. Appendix B, Section B.3.4.2.6. This exemption is from the
requirement to maintain a coefficient of friction on the ISFSI pad
surface of at least 0.5.
The requests for an exemption from the requirements of Appendix A,
[[Page 32966]]
Section A.5.1., Training Program, and Appendix A., Section A.5.5.,
Radioactive Effluent Control Program, are categorically excluded from
further environmental review in accordance with 10 CFR 51.22(c)(25)(i-
v) and (vi)(B) and (E). In accordance with the requirements in 10 CFR
part 51, the NRC prepared an environmental assessment that addresses
the remaining two exemptions.
III. Discussion
Safety Evaluation
Pursuant to 10 CFR 72.7, ``Specific exemptions,'' 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 requested exemptions would allow the licensee to depart from
certain requirements of CoC No. 1015, Amendment No. 6. Section 72.7
allows the NRC to grant exemptions from the requirements of 10 CFR part
72. Issuance of these exemptions are consistent with the Atomic Energy
Act of 1954, as amended, and is not inconsistent with NRC regulations
or other applicable laws. Therefore, the NRC has concluded that the
exemptions are authorized by law.
Will Not Endanger Life or Property or the Common Defense and Security
The requested exemptions are the same exemptions as have been
previously reviewed and approved by the NRC as discussed in this
document. The NRC verified that there is no change in conditions under
which the exemptions were previously approved. Therefore, the NRC has
concluded that the exemptions will not endanger life or property, or
the common defense and security.
Otherwise in the Public Interest
The requested exemptions are the same exemptions as have been
previously reviewed and approved by the NRC as discussed in this
document. Continuing to apply the exemptions would provide for
consistent and efficient regulation of the NAC-UMS[supreg] System casks
at the Maine Yankee ISFSI. Further, the alternative of denying the
exemption request would impose an administrative burden on Maine Yankee
and the NRC that would not provide a significant safety benefit.
Therefore, the NRC has concluded that the exemptions are in the public
interest.
Review of the Requested Exemption
The NRC reviewed the requested exemptions to verify that there were
no differences from the previously approved exemptions. There are no
changes in Amendment No. 6 to CoC No. 1015 that affect the terms and
conditions from which Maine Yankee is requesting the exemptions. These
terms and conditions are identical to the equivalent sections in
Amendment No. 5. Each of the exemptions are discussed below.
1. Appendix A, Section A.3.1.4, Canister Maximum Time in
Transfer Cask. This exemption is from the requirement to comply with
the 25-day requirement in Limiting Condition of Operation 3.1.4 for
canister, NAC-UMS-TSC-790-016. The exemption was approved by letter
dated July 14, 2010, with the environmental assessment noticed in
the Federal Register on June 15, 2010. The NRC's environmental
assessment of this exemption is discussed in the Environmental
Assessment section later in this document.
2. Appendix A, Section A.5.1, Training Program. This exemption
is from the requirement to develop a systematic approach to training
that includes comprehensive instructions for the operation and
maintenance of the ISFSI, except for the NAC-UMS[supreg] System.
This exemption was previously approved by letter dated January 4,
2005, with the environmental assessment noticed in the Federal
Register on January 4, 2005. The exemption was approved again by
letter dated July 14, 2010, with the environmental assessment
noticed in the Federal Register on June 15, 2010.
This exemption would relieve Maine Yankee from the requirements to
develop training modules under its systematic approach to training that
include comprehensive instructions for the operation and maintenance of
the ISFSI, except for the NAC-UMS[supreg] System. The NRC previously
determined, as discussed in the Federal Register notice dated January
4, 2005, that Section A.5.1, ``Training Program,'' would impose
regulatory obligations with associated costs that do not provide a
commensurate increase in safety. This exemption would allow Maine
Yankee to have the training program limited to its storage system. This
exemption is categorically excluded from further environmental review
in accordance with 10 CFR 51.22(c)(25)(i-v) and (vi)(E).
3. Appendix A, Section A.5.5, Radioactive Effluent Control
Program. This exemption is from the requirement to submit an annual
report pursuant to 10 CFR 72.44(d)(3) or 10 CFR 50.36(a). This
exemption was previously approved by letter dated January 4, 2005,
with the environmental assessment noticed in the Federal Register on
January 4, 2005. The exemption was approved again by letter dated
July 14, 2010, with the environmental assessment noticed in the
Federal Register on June 15, 2010.
Licensees are required to submit an annual report to the Commission
regarding effluents released into the environment pursuant to the
requirements of 10 CFR 72.44(d)(3). The NRC previously determined, as
discussed in the Federal Register notice dated January 4, 2005, that
this annual report does not impact public safety because the NAC-
UMS[supreg] System is a sealed and leak-tight spent fuel storage
system. Therefore, there should not be any releases to the environment
of either liquid or gaseous effluents from normal operation of the
storage system. This exemption is categorically excluded from further
environmental review in accordance with 10 CFR 51.22(c)(25)(i-v) and
(vi)(B).
4. Appendix B, Section B.3.4.2.6. This exemption is from the
requirement to maintain a coefficient of friction on the ISFSI pad
surface of at least 0.5. This exemption was previously approved by
letter dated February 1, 2004, with the environmental assessment
noticed in the Federal Register on January 30, 2004. The exemption
was approved again by letter dated July 14, 2010, with the
environmental assessment noticed in the Federal Register on June 15,
2010.
Maine Yankee originally requested the exemption following the
discovery of a winter icing condition at its ISFSI that created an
indeterminate coefficient of friction between the vertical concrete
casks and the ISFSI pad surface. The NRC determined that a specific
coefficient of friction was not necessary. The NRC's environmental
assessment of this exemption is discussed in the Environmental
Assessment section later in this document.
Agencies and Persons Consulted
The State of Maine reviewed Maine Yankee's request and, by letter
dated January 29, 2019, stated that it has no objections to the
request. The State of Maine explained that it sees Maine Yankee's
request as an administrative change to maintain consistency with the
canister manufacturer's Certificate of Compliance. A copy of this
document will be provided to the State of Maine prior to publication in
the Federal Register.
Environmental Assessment
Identification of Proposed Action: The proposed action is the
granting of four previously approved exemptions from the requirements
of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11),
and 72.214. These sections of the NRC regulations require
[[Page 32967]]
compliance with the terms, conditions, and specifications of the NAC-
UMS[supreg] System CoC No. 1015 for spent fuel storage at Maine
Yankee's ISFSI. This action will allow Maine Yankee to apply the
changes authorized by Amendment No. 6 to CoC No. 1015 to the casks at
Maine Yankee's ISFSI. Two of the four exemptions requested by Maine
Yankee are categorically excluded from the requirement to conduct an
environmental assessment, as discussed earlier in this document, and
are not further discussed in this section. This environmental
assessment discussion focuses on the two remaining exemptions:
1. Appendix A, Section A.3.1.4, Canister Maximum Time in
Transfer Cask. This exemption is from the requirement to comply with
the 25-day requirement in Limiting Condition of Operation 3.1.4 for
canister, NAC-UMS-TSC-790-016. This exemption was previously
approved by the NRC by letter dated July 14, 2010, with the
environmental assessment noticed in the Federal Register on June 15,
2010.
2. Appendix B, Section B.3.4.2.6. This exemption is from the
requirement to maintain a coefficient of friction on the ISFSI pad
surface of at least 0.5. This exemption was previously approved by
the NRC by letter dated February 1, 2004, with the environmental
assessment noticed in the Federal Register on January 30, 2004. The
exemption was approved again by letter dated July 14, 2010, with the
environmental assessment noticed in the Federal Register on June 15,
2010.
Need for Proposed Action: Maine Yankee has requested continuation
of these exemptions so that it can register its casks to Amendment No.
6 to CoC No. 1015 for the NAC-UMS[supreg] System. The regulations in 10
CFR 72.212(b)(4) require the general licensee to register each cask
with the NRC no later than 30 days after applying the changes
authorized by an amended CoC.
Environmental Impacts of the Action: Amendment No. 6 to CoC No.
1015 has been previously evaluated by the NRC and its adoption by Maine
Yankee presents no additional radiological environmental impacts. The
two exemptions are related to sections in the technical specifications
that were not revised as part of Amendment No. 6 to the CoC No. 1015 of
the NAC-UMS[supreg] System. An environmental assessment for these two
exemptions was conducted for the previous approvals, as noted above,
and is summarized below.
The requested exemption from Appendix A, Section A.3.1.4,
``Canister Maximum Time in Transfer Cask'' is an exemption from the
requirement to comply with the 25-day requirement in Limiting Condition
of Operation 3.1.4 for one canister, NAC-UMS-TSC-790-016. The affected
storage canister had a heat load of 9.59kW, and was placed in a
transfer cask for a total of 43 days between December 28, 2002, and
February 18, 2003. At that time the Maine Yankee ISFSI operated under
the provisions of CoC No. 1015, Amendment No. 2, and the Limiting
Condition of Operation 3.1.4 time limit for a canister having a content
decay heat load of less than or equal to 14kW was unlimited. During
this period, the storage canister was in full compliance with CoC No.
1015, Amendment No. 2, and its stored spent fuel was maintained in a
safe condition during the time the canister was in the transfer cask.
The transfer of the loaded canister was completed in a safe manner to
ensure the transfer cask was not used as a long-term storage device.
The requested exemption from Appendix B, Section B.3.4.2.6 is an
exemption from the requirement to maintain a coefficient of friction on
the ISFSI pad surface of at least 0.5. As discussed in the Federal
Register notice published on January 30, 2004, Maine Yankee requested
the exemption to address winter icing conditions that could result in a
reduced coefficient of friction between the vertical concrete cask and
the ISFSI pad surface, and limited vertical concrete cask sliding
during a design-basis earthquake. The NRC previously reviewed the
evaluations provided by Maine Yankee and found reasonable assurance
that the design-basis earthquake will not result in significant sliding
of the NAC-UMS[supreg] System vertical concrete casks. The NRC
evaluated the magnitude of the impact load between two colliding
vertical concrete casks and determined that the impact load would be
far less severe than that encountered in a tip-over accident for which
the NAC-UMS[supreg] System has been demonstrated to be structurally
adequate. The NRC determined that not maintaining a coefficient of
friction between the vertical concrete cask and the ISFSI pad surface
of at least 0.5 is consistent with the safety analyses previously
evaluated for the NAC-UMS[supreg] System, would have no impact on the
design basis, and would have no impact on off-site doses. Therefore,
the NRC concluded that the requested changes would not pose an
increased risk to public health and safety.
The NRC evaluated the impact to public safety that would result
from the proposed action and determined that approval of the exemptions
would not increase the probability or consequences of accidents, no
changes would be made to the types of effluents released offsite, and
there would be no increase in occupational or public radiation
exposure. Therefore, there are no significant radiological
environmental impacts associated with the action. Additionally, the
proposed action would not involve any construction or other ground
disturbing activities, would not change the footprint of the existing
ISFSI, and would have no other significant non-radiological impacts.
The ISFSI is located on previously disturbed land so it is unlikely to
create any significant impact on aquatic or terrestrial habitat in the
vicinity of the plant or to threatened, endangered, or protected
species under the Endangered Species Act, or to essential fish habitat
covered by the Magnuson-Stevens Act. Approval of the exemptions is not
the type of activity that has the potential to cause effects on
historic or cultural properties, assuming such properties are present
at the site.
Alternative to the Proposed Action: The alternative to the proposed
action would be to deny approval of the exemptions. This alternative
would also have no significant environmental impact. Since there is no
significant environmental impact associated with the proposed action,
any alternatives with equal or greater environmental impact were not
evaluated.
Given that there are no significant differences in environmental
impact between the proposed action and the alternative considered, and
that there are no changes in the conditions under which the exemptions
were previously approved, the NRC concludes that the preferred
alternative is to grant the exemptions.
Finding of No Significant Impact
The environmental impacts of the exemptions were previously
reviewed and determined to have no significant environmental impact.
There have been no changes to the conditions under which the previous
review was approved. Based upon the foregoing discussion and the
previous approvals, the NRC finds that the exemptions will not
significantly impact the quality of the human environment.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
[[Page 32968]]
------------------------------------------------------------------------
ADAMS accession
Document No. or Federal
Register citation
------------------------------------------------------------------------
NAC-UMS[supreg] System Certificate of Compliance No. ML090120408
1015, effective November 20, 2000...................
Letter from J. Stanley Brown, P.E., Maine Yankee, ML19031B341
dated January 21, 2019..............................
Letter from J. Stanley Brown, P.E., Maine Yankee, ML19112A024
dated April 11, 2019................................
Letter from J. Goshen, P.E., NRC, to J. Connell, ML101960072
Maine Yankee, dated July 14, 2010...................
Federal Register notice, ``Issuance of Environmental 75 FR 33853
Assessment and finding of No Significant Impact,''
dated June 15, 2010.................................
Letter from L. Camper, NRC, to T. Williamson, Maine ML050050209
Yankee, dated January 4, 2005.......................
Federal Register notice, ``Maine Yankee Atomic Power 70 FR 396
Company, Maine Yankee Independent Spent Fuel Storage
Installation, Issuance of Environmental Assessment
and Finding of No Significant Impact,'' dated
January 4, 2005.....................................
Letter from L. Camper, NRC, to T. Williamson, Maine ML040350797
Yankee, dated February 1, 2004......................
Federal Register notice, ``Maine Yankee Atomic Power 69 FR 4543
Company, Maine Yankee Independent Spent Fuel Storage
Installation, Issuance of Environmental Assessment
and Finding of No Significant Impact for a Proposed
Exemption,'' dated January 30, 2004.................
Letter from P.J. Dostie, Maine Department of Health ML19038A057
and Human Services, to the NRC, dated January 29,
2019................................................
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2019-0116. The Federal
rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2019-0116); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
V. Conclusion
Based on the above considerations, the NRC has determined that,
pursuant to 10 CFR 72.7, 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. Therefore, the NRC grants the
exemptions from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11), and 72.214.
These exemptions are effective upon publication.
Dated at Rockville, Maryland, this 5th day of July 2019.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management,
Office of Nuclear Materials Safety and Safeguards.
[FR Doc. 2019-14711 Filed 7-9-19; 8:45 am]
BILLING CODE 7590-01-P