[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 41067-41070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14651]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-1025 and 50-029; NRC-2020-0152]
Independent Spent Fuel Storage Installation; Yankee Atomic
Electric 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 May 2, 2019, request from Yankee Atomic
Electric Company (YAEC 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'' and A.5.4 ``Radioactive Effluent Control
Program'' at the Yankee Nuclear Power Station (YNPS) independent spent
fuel storage installation (ISFSI) in Rowe, Massachusetts. These
exemptions would relieve YAEC from the requirements to: Develop
training modules under the systems approach to the training (SAT)
program that include comprehensive instructions for the operation and
maintenance of the ISFSI, except for the NAC-MPC System; and submit an
annual report specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation.
DATES: This exemption takes effect on July 8, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0152 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-2020-0152. 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 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.
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, YAEC, is the holder of Facility Operating License No.
DPR-3, which authorizes operation of the YNPS ISFSI in Rowe,
Massachusetts, 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, YAEC
stores fifteen 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.
[[Page 41068]]
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''
and from TS A.5.4 ``Radioactive Effluent Control Program.'' YAEC seeks
an exemption from (1) the requirement to develop a SAT that includes
comprehensive instructions for the operation and maintenance of the
ISFSI and (2) the requirement to submit an annual report specifying the
quantity of each of the principal radionuclides released to the
environment in liquid and in gaseous effluents during the previous 12
months of operation. YAEC does not seek an exemption from the
requirement to develop a SAT concerning the NAC-MPC system nor does it
seek exemption from the requirements associated with the NAC-MPC
effluent reporting program. YAEC 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 casks, 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 YAEC from the
requirements of CoC No. 1025, Amendment No. 4, dated June 6, 2006
(ADAMS Accession No. ML061570027) and CoC No. 1025, Amendment No. 5,
dated July 15, 2010 (ADAMS Accession No. ML102020239).
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.
A. The Exemption Is Authorized by Law
This exemption would permit the registration of YAEC's fifteen NAC-
MPC canisters storing spent nuclear fuel to Amendment No. 8 of the CoC
No. 1025 for the NAC-MPC System without (1) requiring the licensee to
develop training modules under its SAT that includes comprehensive
instructions for the operation and maintenance of the ISFSI, except for
the NAC-MPC System and (2) requiring the licensee to submit an annual
report specifying the quantity of each of the principal radionuclides
released to the environment in liquid and in gaseous effluents during
the previous 12 months of operation, 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.
B. The Exemption Is Will Not Endanger Life or Property or the Common
Defense and Security
This exemption would relieve the licensee from (1) 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 and (2) meeting
Appendix A ``Technical Specifications for NAC-MPC System,'' TS A.5.4
``Radioactive Effluent Control Program,'' which requires submission of
an annual report specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation. 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 health and 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 YNPS 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.
C. The Exemption Is Otherwise in the Public Interest
As noted above, this exemption was previously approved in 2006 and
reapproved in 2010. Continuing to apply the exemptions would provide
for consistent and efficient regulation of the NAC-MPC System at the
YNPS ISFSI. Further, the alternative of denying the exemption request
would impose an administrative burden on YAEC and the NRC that would
not provide a significant safety benefit. The requested exemption does
not change the
[[Page 41069]]
fundamental design, components, contents, or safety features of the
storage system. Therefore, granting the exemption is otherwise in the
public interest.
D. 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 an exemption from 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 and from the training program requirement in the TS at
Appendix A, Section A.5.1 relieves the licensee only 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).
Granting the 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 and the reporting requirements of Appendix A, Section
A.5.4 relieves the licensee only from the requirement to submit an
annual report specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation, except for the
NAC-MPC System. A categorical exclusion for reporting requirements is
provided under Sec. 51.22(c)(25)(vi)(B) 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)(B).
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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YAEC Letter to NRC, ``Request for Exemption from Certain ML19176A075.
Requirements of 10 CFR 72.212 and 10 CFR 72.214 for the
Yankee Nuclear Power Station Independent Spent Fuel
Storage Installation,'' May 2, 2019.
NRC Letter to NAC, ``Amendment Nos. 7 and 8 to Certificate ML19038A256.
of Compliance No. 1025 for the NAC-Multi Purpose Canister
Storage System,'' February 5, 2019.
NRC Letter to YAEC, ``Exemption from 10 CFR 72.212 and ML061570027.
72.214 for Dry Spent Fuel Storage Activities Yankee Atomic
Independent Spent Fuel Storage Installation,'' June 6,
2006.
NRC Letter to YAEC, ``Exemption from 10 CFR 72.212 and ML102020239.
72.214 for Dry Spent Fuel Storage Activities Yankee Atomic
Independent Spent Fuel Storage Installation,'' July 15,
2010.
YAEC Letter to NRC, ``Yankee Atomic Electric Company ML11216A137.
Adoption of NAC-MPC System Amendment 5 Certificate of
Compliance and Canister Registration,'' July 28, 2011.
NRC Letter to CYAPCO, ``Issuance of Exemption from NAC ML16033A150.
International Certificate of Compliance No. 1025 Fuel
Specification and Loading Conditions at the Yankee Nuclear
Power Station Independent Spent Fuel Storage
Installation,'' February 18, 2016.
NRC Letter to NAC, ``Certificate of Compliance for the NAC ML003704040.
International, Inc. Multi-Purpose Canister System,'' March
17, 2000.
NRC Letter to NAC, ``Amendment No. 3 to Certificate of ML032820200.
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 Certificate of ML043020224.
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 Certificate of ML072700041.
Compliance No. 1025 for the NAC International, Inc. Multi-
Purpose Canister (NAC-MPC) System,'' September 19, 2007.
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[[Page 41070]]
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 the requirements of Appendix
A, TS A.5.1 and TS A.5.4 of CoC No. 1025.
This exemption is effective upon issuance.
Dated: July 2, 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. 2020-14651 Filed 7-7-20; 8:45 am]
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