[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44329-44330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15768]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1031, 50-369, and 50-370; NRC-2020-0044]


Duke Energy Carolinas LLC; McGuire Nuclear Station Units 1 and 2; 
Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
exemption request from Duke Energy Carolinas, LLC (Duke Energy) which 
would permit Duke Energy to maintain MAGNASTOR[supreg] Cask 0FCTKN045 
at its McGuire Nuclear Station independent spent fuel storage 
installation (ISFSI) in a storage condition where the helium density is 
above the range specified in Certificate of Compliance No. 1031, 
Amendment No. 7, Technical Specification 3.1.1. The NRC prepared an 
environmental assessment (EA) documenting its finding that the proposed 
action would have no significant environmental impact. Accordingly, the 
NRC staff is issuing a finding of no significant impact (FONSI) 
associated with the proposed exemption.

[[Page 44330]]


DATES: The EA and FONSI referenced in this document are available on 
July 14, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0044 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-2020-0044. Address questions about NRC docket 
IDs in Regulations.gov to Jennifer Borges Roman; 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: Yen-Ju Chen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555; telephone: 301-415-1018; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is reviewing an exemption request from Duke Energy, dated 
September 12, 2019 (ADAMS Accession No. ML19270E395), and supplemented 
by a letter dated February 3, 2020 (ADAMS Accession No. ML20052D934), 
and June 15, 2020 (ADAMS Accession No. ML20178A548). Duke Energy is 
requesting an exemption from the requirements of title 10 of the Code 
of Federal Regulations (10 CFR) in Sec.  72.212(b)(3), (b)(5)(i), and 
(b)(11) that require Duke Energy and its MAGNASTOR[supreg] Cask 
0FCTKN045 to comply with the terms, conditions, and specifications of 
the Certificate of Compliance (CoC) No. 1031, Amendment No. 7 (ADAMS 
Accession No. ML17013A481). If approved, Duke Energy's exemption 
request would accordingly allow Duke Energy to maintain 
MAGNASTOR[supreg] Cask 0FCTKN045 in a storage condition where the 
helium density is above the range specified in CoC No. 1031, Amendment 
No. 7, Technical Specification (TS) 3.1.1.

II. Environmental Assessment Summary

    Under the requirements of Sec. Sec.  51.21 and 51.30(a), the NRC 
staff developed an EA (ADAMS Accession No. ML20192A329) to evaluate the 
proposed action, which is for the NRC to grant Duke Energy an exemption 
from the requirements of Sec.  72.212(b)(3), (b)(5)(i), and (b)(11), 
only as these requirements pertain to MAGNASTOR[supreg] Cask 0FCTKN045. 
The exemption would allow Duke Energy to maintain its MAGNASTOR[supreg] 
Cask 0FCTKN045 at McGuire Nuclear Station ISFSI in its current storage 
condition. The exemption would therefore not require Duke Energy to 
restore its MAGNASTOR[supreg] Cask 0FCTKN045 to full compliance with 
the helium density range specified in TS 3.1.1.
    The EA defines the NRC's proposed action (i.e., to grant Duke 
Energy's exemption request per 10 CFR 72.7) and the purpose and need 
for the proposed action. Evaluations of the potential environmental 
impacts of the proposed action and alternatives to the proposed action 
are presented, followed by the NRC's conclusion.
    The EA evaluates the potential environmental impacts of granting 
the exemption. The potential environmental impact of using NRC-approved 
storage casks was initially analyzed in the EA for the rulemaking to 
provide for the storage of spent fuel under a general license on July 
18, 1990 (55 FR 29181). The EA for using the MAGNASTOR[supreg] System, 
Amendment No. 7 (81 FR 13265) tiers off of the EA for the 1990 final 
rule.
    The NRC staff finds that the higher helium density would not 
adversely affect thermal performance and the structural integrity of 
the cask system is maintained, and thus, there would be no release from 
the canister. Therefore, the proposed action does not change the types 
or quantities of effluents that may be released offsite, it does not 
increase occupational or public radiation exposure, and there will be 
no significant radiological impact to the environment. The proposed 
action will take place within the site boundary and does not have other 
environmental impacts. Accordingly, the environmental impacts are 
bounded by the previous NRC EA for the rulemaking to add the 
MAGNASTOR[supreg] System, Amendment No. 7, to 10 CFR 72.214. Thus, the 
proposed action will not have a significant effect on the quality of 
the human environment.

III. Finding of No Significant Impact

    The NRC staff has prepared an EA and associated FONSI in support of 
the proposed action. The NRC staff has concluded that the proposed 
action will not significantly impact the quality of the human 
environment, and that the proposed action is the preferred alternative.
    The NRC provided the North Carolina Department of Health and Human 
Services with a draft copy of the EA for a 30-day review on June 18, 
2020 (ADAMS Accession No. ML20171A452) and received its response on 
June 23, 2020 (ADAMS Accession No. ML20177A379). The NRC also informed 
the North Carolina State Historic Preservation Office (SHPO) of its no 
effects determination on January 7, 2020 (ADAMS Accession No. 
ML20008D559) and received the SHPO's concurrence on January 14, 2020 
(ADAMS Package Accession No. ML20015A314).
    The NRC staff has determined that this exemption would have no 
impact on ecological resources, and therefore no consultations are 
necessary under Section 7 of the Endangered Species Act of 1973 (16 
U.S.C.A. 1536).
    Therefore, the NRC finds that there are no significant 
environmental impacts from the proposed action, and that preparation of 
an environmental impact statement is not warranted. Accordingly, the 
NRC has determined that a FONSI is appropriate.

    Dated: July 16, 2020.

    For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Storage and Transportation Branch, Division of Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2020-15768 Filed 7-21-20; 8:45 am]
BILLING CODE 7590-01-P