[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]
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