[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Notices]
[Pages 36243-36245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12846]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1032, 72-78, 50-317 and 50-318; NRC-2020-0113]


Exelon Generation Company, LLC; Calvert Cliffs 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 request submitted by Exelon Generation 
Company, LLC (EGC) on October 3, 2019, for the Calvert Cliffs Nuclear 
Power Plant (CCNPP). This exemption would permit CCNPP to load and 
store spent fuel with a larger pellet diameter than is authorized in 
the Holtec International, Inc. (Holtec) HI-STORM FW storage system in 
Certificate of Compliance No. 1032, Amendment 1, Revision 1.

DATES: The exemption was issued on June 8, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0113 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-2020-0113. Address 
questions about NRC docket IDs 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 in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.

FOR FURTHER INFORMATION CONTACT: Chris Allen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6877; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    CCNPP has been storing PWR spent fuel in its specific licensed 
independent spent fuel storage installation (ISFSI) utilizing Special 
Nuclear Materials License No. SNM-2505, which was issued in November 
1992. However, for the loading campaign commencing in early summer of 
2021, CCNPP is transitioning to store its PWR fuel at a separate on-
site ISFSI, which will use the HI-STORM FW dry storage system, 
Certificate of Compliance No. 1032, Amendment No. 1, Revision 1 (ADAMS 
Package Accession No. ML15152A358) under the general license provisions 
in part 72 of title 10 of the Code of Federal Regulations (10 CFR). 
Although the HI-STORM FW storage system is approved for a fuel pellet 
diameter of 0.3805 inches (0.9665 centimeters), some of the CCNPP spent 
fuel assemblies would be precluded from being loaded in an upcoming 
loading campaign because they have fuel pellets with a maximum diameter 
of 0.3810 inches (0.9677 centimeters).

II. Request/Action

    By application dated October 3, 2019 (ADAMS Accession No. 
ML19276D398), EGC submitted a request for an exemption from those 
provisions of 10 CFR 72.212(b)(3) and 72.212(b)(11) that require 
compliance with the terms, conditions, and specifications of 
Certificate of Compliance No. 1032, Amendment No. 1, Revision 1 to 
allow CCNPP to load spent fuel with a maximum fuel pellet diameter of 
0.3810 inches (0.9677 centimeters), utilizing Amendment No. 1, Revision 
1 for the Holtec HI-STORM FW storage system. In evaluating the request, 
the NRC also considered, pursuant to authority in 10 CFR 72.7, 
exempting Exelon from similar requirements in 10 CFR 72.212(a)(2) and 
(b)(5)(i) and 10 CFR 72.214, ``List of approved spent fuel storage 
casks.''

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.
    The NRC staff prepared a safety evaluation report (ADAMS Accession 
No. ML20115E378) to document its safety evaluation of the proposed 
action (i.e., granting an exemption to authorize loading spent fuel 
with a maximum fuel pellet diameter of 0.3810 inches (0. 9677 
centimeters)), to assure that the exemption is authorized by law, will 
protect life or property or the common defense and security and are 
otherwise in the public interest. As summarized in this document, the 
NRC's safety review concludes that the requested exemption meets the 
requirements for issuance in 10 CFR 72.7.

[[Page 36244]]

A. The Exemption Is Authorized by Law

    This exemption would permit CCNPP to load spent fuel with a larger 
fuel pellet diameter than authorized in Certificate of Compliance No. 
1032, Amendment No. 1, Revision 1. Section 72.7 allows the Commission 
to grant exemptions from the requirements of 10 CFR part 72 if the 
exemption is authorized by law and will not endanger life or property 
or the common defense and security. Issuance of this exemption is 
consistent with the Atomic Energy Act of 1954, as amended, and is not 
otherwise inconsistent with NRC's regulations or other applicable laws. 
Therefore, issuance of the exemption is authorized by law.

B. Will Not Endanger Life or Property or the Common Defense and 
Security

    As discussed in the safety evaluation report and summarized in the 
following sections, the NRC staff has found that EGC's proposed action 
is acceptable and will not endanger life or property or the common 
defense and security.
Safety Review of the Requested Exemption
    EGC submitted an exemption request to deviate from the maximum fuel 
pellet diameter for 14x14C fuel, stored in the Holtec HI-STORM FW 
storage system. The staff reviewed the exemption request and concludes 
that the proposed exemption from certain requirements of 10 CFR part 72 
will not cause the HI-STORM FW storage system to encounter conditions 
beyond those for which it has been evaluated and demonstrated to meet 
the applicable safety requirements in 10 CFR part 72. As explained 
below, the staff evaluated the potential thermal, radiation and 
criticality safety impacts of granting the exemption.
Thermal
    EGC stated that the small change in fuel pellet diameter, which is 
used in the effective fuel thermal conductivity calculations, has a 
second order impact on the effective fuel thermal properties, and that 
a larger fuel pellet diameter reduces the resistance to heat transfer 
by decreasing the helium gap between the fuel pellet and cladding. In 
addition, EGC asserted that the 14x14C fuel assembly is bounded by the 
WE 17x17 fuel assembly adopted in the licensing basis analyses. Staff 
reviewed the information provided and concluded that the impact of 
loading a fuel pellet with a slightly increased diameter is negligible 
to the thermal design functions of the loaded cask. Staff also reviewed 
the HI-STORM FW final safety analysis report (FSAR) and confirmed that 
the heat load of the 14x14C fuel assembly is bounded by the head load 
of the 17x17 fuel assembly.
Shielding
    EGC evaluated the impact of increasing the fuel pellet diameter 
from 0.3805 inches (0.9665 cm) to 0.3810 inches (0.9677 cm). EGC 
determined that the small increase in heavy metal from 438 kg to 439.15 
kg caused by increasing the fuel pellet diameter is conservatively 
bounded by the uranium weight for the design basis fuel assembly in 
Table 5.2.1 of the HI-STORM FW FSAR of 469 kg. The staff reviewed this 
information and determined that the proposed change to the fuel pellet 
diameter will not significantly change the system shielding analyses in 
the HI-STORM FW FSAR. Further, the staff determined that the WE17X17 
design basis fuel assembly in the HI-STORM FW FSAR with 469 kg of heavy 
metal bounds the CCNPP 14X14C fuel assemblies with 439.15 kg of heavy 
metal since the system shielding analyses in the FSAR also bound the 
expected increase in radiation from the slightly larger fuel pellets.
Criticality
    EGC stated that Holtec evaluated a fuel pellet diameter of 0.3805 
inches (0.9665 cm) in the HI-STORM FW FSAR, to determine the effect of 
an upper manufacturing tolerance of 0.0005 inches (0.0013 cm) applied 
to the nominal value of 0.3805 inches (0.9665 cm). In that final safety 
analysis report, Holtec determined that the system k-effective with 
this larger diameter of fuel pellet is statistically the same as the 
system k-effective with the nominal fuel pellet diameter. Therefore, 
EGC stated that its proposed exemption has no effect on the criticality 
safety of the HI-STORM FW storage system. The staff reviewed the final 
safety analysis report and determined that the proposed change to the 
fuel pellet diameter will not result in changes to system k-effective 
that are statistically significant. The staff finds that this proposed 
exemption does not affect the ability of the HI-STORM FW storage system 
to meet the criticality safety requirements of 10 CFR part 72.
Review of Common Defense and Security
    EGC's exemption request is not related to any aspect of the 
physical security or defense of the CCNPP ISFSI. Modification of the 
fuel pellet diameter does not affect the ISFSI security plans. 
Therefore, granting the exemption would not result in any potential 
impacts to common defense and security.
    Based on its review, the NRC staff has determined that under the 
requested exemption, the storage system will continue to meet the 
safety requirements of 10 CFR part 72 and the offsite dose limits of 10 
CFR part 20 and, therefore, will not endanger life or property. The NRC 
staff also found that the exemption would not endanger the common 
defense and security.

D. Otherwise in the Public Interest

    In determining whether the exemption is in the public interest, the 
staff considered the no-action alternative of denying the exemption 
request. Denial of the exemption request would cause CCNPP to postpone 
loading of spent fuel that contains the larger fuel pellet diameter 
until it is approved in an amendment for CoC No. 1032 or alternative 
loading arrangements are implemented.
    EGC stated that the proposed exemption is in the public interest 
because it would allow CCNPP to load spent fuel in an inherently safe, 
passive system on schedule, which would enable CCNPP to continue to 
maintain full-core offload capability. The staff reviewed the 
information provided by EGC, and based upon the above stated 
information, concludes that granting the requested exemption continues 
to provide adequate protection of public health and safety and is 
otherwise in the public interest.

E. Environmental Considerations

    The NRC staff also considered whether there would be any 
significant environmental impacts associated with the exemption. For 
this proposed action, the NRC staff performed an environmental 
assessment pursuant to 10 CFR 51.30. The environmental assessment 
concluded that the proposed action would not significantly impact the 
quality of the human environment. The NRC staff concluded that the 
proposed action would not result in any changes in the types or amounts 
of any radiological or non-radiological effluents that may be released 
offsite, and there is no significant increase in occupational or public 
radiation exposure because of the proposed action. The environmental 
assessment and the finding of no significant impact was published on 
June 1, 2020 (85 FR 33204).

IV. Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
72.7, this exemption is authorized by law, will not endanger life or 
property

[[Page 36245]]

or the common defense and security, and is otherwise in the public 
interest. Therefore, the Commission hereby grants EGC an exemption from 
those provisions of 10 CFR 72.212(a)(2), (b)(3), and (b)(5)(i), 10 CFR 
72.214, and the portion of 10 CFR 72.212(b)(11) that require compliance 
with terms, conditions, and specifications of the Certificate of 
Compliance No. 1032, Amendment No. 1, Revision 1 for the CCNPP to load 
spent fuel with a maximum fuel pellet diameter of 0.3810 inches (0.9677 
centimeters) in the HI-STORM FW storage system using Certificate of 
Compliance No. 1032, Amendment No. 1, Revision 1.
    The exemption is effective upon issuance.

    Dated: June 10, 2020.

    For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2020-12846 Filed 6-12-20; 8:45 am]
 BILLING CODE 7590-01-P