[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Notices]
[Pages 55185-55187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22406]



[[Page 55185]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-39 and 50-213; NRC-2019-0185]


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 April 24, 2019 request from Connecticut 
Yankee Atomic Power Company (CYAPCO or licensee), from NRC's 
requirement to comply with the terms, conditions, and specifications in 
Amendment No. 8 of the NAC International, Inc. (NAC)--Multi-Purpose 
Canister (MPC) System Certificate of Compliance (CoC) No. 1025, 
Appendix A ``Technical Specifications for NAC-MPC System,'' Technical 
Specifications (TS) A.5.1 ``Training Program'' at the Haddam Neck Plant 
(HNP) independent spent fuel storage installation (ISFSI). 
Specifically, the exemption would relieve the licensee from the 
requirement to develop training modules under its Systems Approach to 
Training (SAT) that includes comprehensive instructions for the 
operation and maintenance of the ISFSI, except for the NAC-MPC System.

DATES: This exemption takes effect on October 15, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0185 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-2019-0185. Address 
questions about NRC 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]. 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. In addition, for the 
convenience of the reader, the ADAMS accession numbers are provided in 
a table in the ``Availability of Documents'' section of 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: Nishka Devaser, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-5196; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The licensee, CYAPCO, is the holder of Facility Operating License 
No. DPR-61, 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. Under the terms of the general license, CYAPCO 
stores forty NAC-MPC canisters with spent fuel that are registered 
under Amendment No. 5 of the NAC-MPC CoC No. 1025. On February 5, 2019, 
the NRC issued Amendment Nos. 7 and 8 to CoC No. 1025 for the NAC-MPC 
System.

II. Request/Action

    The licensee has requested an exemption from Amendment No. 8 to the 
NAC-MPC System CoC No. 1025, Appendix A, TS A.5.1 ``Training Program.'' 
CYAPCO seeks an exemption from the requirement to develop a SAT that 
includes comprehensive instructions for the operation and maintenance 
of the ISFSI. CYAPCO does not seek an exemption from the requirement to 
develop a SAT concerning the NAC-MPC system. CYAPCO has also requested 
an exemption from the requirements of Sec.  72.212(a)(2), Sec.  
72.212(b)(3), Sec.  72.212(b)(5)(i), Sec.  72.212(b)(11), and Sec.  
72.214 that require compliance with the terms, conditions, and 
specifications of CoC No. 1025, Amendment No. 8.
     Sec.  72.212(a)(2) states that the general license is 
limited to storage of spent fuel in casks approved under the provisions 
of 10 CFR part 72;
     Sec.  72.212(b)(3) states 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 Sec.  72.214 (the NAC-MPC CoC No. 1025 is listed in Sec.  72.214);
     Sec.  72.212(b)(5)(i) requires that the general licensee 
perform written evaluations, before use and before applying the changes 
authorized by an amended CoC to a cask loaded under the initial CoC or 
an earlier amended CoC, which establish that the cask, once loaded with 
spent fuel or once the changes authorized by an amended CoC have been 
applied, will conform to the terms, conditions, and specifications of a 
CoC or an amended CoC listed in Sec.  72.214;
     Sec.  72.212(b)(11) states, in part, that the licensee 
shall comply with the terms, conditions, and specifications of the CoC 
and, for those casks to which the licensee has applied the changes of 
an amended CoC, the terms, conditions, and specifications of the 
amended CoC; and
     Sec.  72.214 lists the approved spent fuel storage casks, 
which includes CoC No. 1025 and Amendment No. 8.
    The NRC has previously granted the same exemption to CYAPCO from 
the requirements of CoC No. 1025, Amendment No. 4 on September 22, 2005 
(ADAMS Accession No. ML052660399) and CoC No. 1025, Amendment No. 5 on 
July 15, 2010 (ADAMS Accession No. ML101960618).

III. Discussion

    Pursuant to Sec.  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 provided the 
exemptions 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

    This exemption would permit the registration of CYAPCO's forty NAC-
MPC canisters storing spent nuclear fuel to Amendment No. 8 of the CoC 
No. 1025 for the NAC-MPC System without requiring the licensee to 
develop training modules under its SAT that includes comprehensive 
instructions for

[[Page 55186]]

the operation and maintenance of the ISFSI, except for the NAC-MPC 
System.
    The provisions in 10 CFR part 72 from which the licensee is 
requesting an exemption require the licensee to comply with the terms, 
conditions, and specifications of the CoC. Section 72.7 allows the NRC 
to grant exemptions from the requirements of 10 CFR part 72. 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

    This exemption would relieve the licensee from meeting Appendix A 
``Technical Specifications for NAC-MPC System,'' TS A.5.1 ``Training 
Program,'' which requires the development of training modules under its 
SAT that include comprehensive instructions for the operation and 
maintenance of the ISFSI, except for the NAC-MPC System. The NRC 
approved the use of the NAC-MPC System in CoC No. 1025 on April 10, 
2000. This constituted NRC approval of the conditions for use in 
storing spent fuel under the general license provisions of Sec.  
72.210.
    The NRC evaluated the impact to public safety that would result 
from granting the proposed action. The approval of the proposed action 
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 proposed 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. In this regard, and as the ISFSI is located on 
previously disturbed land, it is extremely unlikely that approval of 
the proposed action would create any significant impact on the aquatic 
or terrestrial habitat near 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. Similarly, approval 
of the proposed action 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 of the HNP ISFSI. On this 
basis, the staff concludes that the proposed exemption does not pose an 
increased risk to public health and safety and therefore the exemption 
will not endanger life or property or the common defense and security.

Otherwise in the Public Interest

    As noted above, this exemption was previously approved in 2005 and 
reapproved in 2010. Continuing to apply the exemptions would provide 
for consistent and efficient regulation of the NAC-MPC System at the 
HNP ISFSI. Further, the alternative of denying the exemption request 
would impose an administrative burden on CYAPCO and the NRC that would 
not provide a significant safety benefit. The requested exemption does 
not change the fundamental design, components, contents, or safety 
features of the storage system. Therefore, granting the exemption is 
otherwise in the public interest.

Environmental Consideration

    The NRC staff also considered in the review of this exemption 
request whether there would be any significant environmental impacts 
associated with the exemption. The NRC staff determined that this 
proposed action fits a category of actions that do not require an 
environmental assessment or environmental impact statement. 
Specifically, the exemption meets the categorical exclusion in Sec.  
51.22(c)(25).
    Granting this exemption from Sec.  72.212(a)(2), Sec.  
72.212(b)(3), Sec.  72.212(b)(5)(i), Sec.  72.212(b)(11), and Sec.  
72.214 only relieves the licensee from the requirement to develop 
training modules under its SAT that include comprehensive instructions 
for the operation and maintenance of the ISFSI, except for the NAC-MPC 
System. A categorical exclusion for education, training, experience, 
qualification, requalification or other employment suitability 
requirements is provided under Sec.  51.22(c)(25)(vi)(E) if the 
criteria in Sec.  51.22(c)(25)(i)-(v) are also satisfied. In its review 
of the exemption request, the NRC staff determined, as discussed above, 
that, under Sec. Sec.  51.22(c)(25)(i)-(v): (i) Granting the exemption 
does not involve a significant hazards consideration because granting 
the exemption neither reduces a margin of safety, creates a new or 
different kind of accident from any accident previously evaluated, nor 
significantly increases either the probability or consequences of an 
accident previously evaluated; (ii) granting the exemption would not 
produce a significant change in either the types or 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) granting the exemption 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) granting the exemption would not result in a significant 
construction impact because there are no construction activities 
associated with the requested exemption; and (v) granting the exemption 
would not increase either the potential or consequences from 
radiological accidents. Accordingly, this exemption meets the criteria 
for a categorical exclusion in Sec.  51.22(c)(25)(vi)(E).

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.

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                Document                       ADAMS accession No.
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CYAPCO Letter to NRC, ``Request for      ML19135A076
 Exemption from Certain Requirements of
 10 CFR 72.212 and 10 CFR 72.214 for
 the Haddam Neck Plant Independent
 Spent Fuel Storage Installation,''
 April 24, 2019.
NRC Letter to NAC, ``Amendment Nos. 7    ML19038A256
 and 8 to Certificate of Compliance No.
 1025 for the NAC-Multi Purpose
 Canister Storage System,'' February 5,
 2019.
NRC Letter to CYAPCO, ``Exemption from   ML052660399
 10 CFR 72.212 and 72.214 for Dry Spent
 Fuel Storage Activities--Haddam Neck
 Plant,'' September 22, 2005.
NRC Letter to CYAPCO, ``Exemption from   ML101960618
 10 CFR 72.212 and 72.214 for Dry Spent
 Fuel Storage Activities--Haddam Neck
 Plant ISFSI,'' July 15, 2010.

[[Page 55187]]

 
CYAPCO Letter to NRC, ``Connecticut      ML11348A106
 Yankee Atomic Power Company, Haddam
 Neck Plant ISFSI Adoption of NAC-MPC
 System, Amendment 5 Certificate of
 Compliance and Canister
 Registration,'' November 29, 2011.
NRC Letter to CYAPCO, ``Issuance of      ML16055A161
 Exemption from NAC International
 Certificate of Compliance No. 1025
 Fuel Specification and Loading
 Conditions at the Haddam Neck Power
 Station Independent Spent Fuel Storage
 Installation,'' February 18, 2016.
NRC Letter to NAC, ``Certificate of      ML003704040
 Compliance for the NAC International,
 Inc. Multi-Purpose Canister System,''
 March 17, 2000.
NRC Letter to NAC, ``Amendment No. 3 to  ML032820200
 Certificate of Compliance No. 1025 for
 the NAC International, Inc. Multi-
 Purpose Canister (NAC-MPC) System,''
 October 8, 2003.
NRC Letter to NAC, ``Amendment No.4 to   ML043020224
 Certificate of Compliance No. 1025 for
 the NAC International, Inc. Multi-
 Purpose Canister (NAC-MPC) System,''
 October 27, 2004.
NRC Letter to NAC, ``Amendment No. 5 to  ML072700041
 Certificate of Compliance No. 1025 for
 the NAC International, Inc. Multi-
 Purpose Canister (NAC-MPC) System,''
 September 19, 2007.
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V. Conclusion

    Based on the foregoing considerations, the NRC staff has determined 
that, pursuant to Sec.  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 the 
licensee an exemption from the requirements of Sec.  72.212(a)(2), 
Sec.  72.212(b)(3), Sec.  72.212(b)(5)(i), Sec.  72.212(b)(11), and 
Sec.  72.214 only with regard to meeting Appendix A, TS A.5.1 of CoC 
No. 1025.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 9th day of October, 2019.

    For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-22406 Filed 10-11-19; 8:45 am]
 BILLING CODE 7590-01-P