[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5847-5851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02122]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-32; NRC-2022-0024]
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center
Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing
this notice regarding the issuance of an Environmental Assessment (EA)
and Finding of No Significant Impact (FONSI) for its review and
potential approval of an exemption to NextEra Energy Duane Arnold, LLC
(NEDA) for the Duane Arnold Energy Center (DAEC) Independent Spent Fuel
Storage Installation (ISFSI). The exemption would allow a failed fuel
can (FFC) and its contents at DAEC to exceed the limits specified in
Table 1-1t in Appendix B, Technical Specifications, of NRC Certificate
of Compliance (CoC) No. 1004, Renewed Amendment No. 17.
[[Page 5848]]
DATES: The EA and FONSI referenced in this document are available on
February 2, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0024 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-2022-0024. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Tilda Liu, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001; telephone: 404-997-4730, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering the issuance of an exemption to NEDA for the
DAEC ISFSI located in Palo, Iowa. Therefore, as required by sections
51.21 and 51.30(a) of title 10 of the Code of Federal Regulations (10
CFR), the NRC performed an EA. The exemption, if granted, would allow a
FFC and its contents at DAEC to exceed the limits specified in Table 1-
1t in Appendix B, Technical Specifications, of NRC Certificate of
Compliance (CoC) No. 1004, Renewed Amendment No. 17. Based on the
results of the EA, discussed in this notice, the NRC has determined not
to prepare an environmental impact statement for the exemption request
and is issuing a FONSI.
II. Background
By letter dated October 21, 2021, as supplemented by letters dated
December 10, 2021 and January 6, 2022, NEDA submitted a one-time
exemption request to the NRC for the DAEC ISFSI, in accordance with 10
CFR 72.7, ``Specific exemptions,'' from the requirements of 10 CFR
72.212(a)(2), (b)(2), (b)(3), (b)(4), (b)(5)(i), (b)(11), and 72.214.
Specifically, the one-time exemption request would, if granted, permit
an FFC and its contents at DAEC to exceed the limits specified in Table
1-1t in Appendix B of NRC Certificate of Compliance (CoC) No. 1004,
Renewed Amendment No. 17.
DAEC began operation in 1974 and is owned and operated by NEDA.
DAEC permanently shut down its reactor on August 10, 2020. By letter
dated August 27, 2020, NEDA submitted its certification of permanent
cessation of power operations, and by letter dated October 12, 2020,
NEDA certified that all fuel had been removed from the reactor as
required under the provisions of 10 CFR 50.82.
The NRC staff reviewed and approved the Standardized NUHOMS[supreg]
61BTH Type 2 dry shielded canister (DSC), and the related basket
structural analysis, as part of Amendment No. 10 to CoC No. 1004, and
the FFC as part of Amendment No. 13 to CoC No. 1004. The Standardized
NUHOMS[supreg] System FFC consists of a liner with an integral bottom
lid assembly, and a removable top lid, designed to contain a failed
fuel assembly and any associated fuel fragments/rubble to ensure
assumptions made in the criticality analysis for the quantity and
location of fuel rod material are maintained.
As discussed in its October 21, 2021 request, as supplemented on
December 10, 2021, and January 6, 2022, NEDA identified a failed fuel
assembly which, when stored with a modified FFC, will exceed the CoC
Appendix B Technical Specifications (TS) Table 1-1t requirement that
``[t]he total weight of each failed fuel can plus all its content shall
be less than 705 lb.'' The modifications to the relevant FFC will be
evaluated against the criteria in 10 CFR 72.48 to determine whether
they require either a license or CoC amendment.
NEDA is proposing to modify an FFC to accommodate a damaged bail
handle on a certain boiling water reactor failed fuel assembly. The
proposed modification to the FFC would provide the damaged bail handle
adequate clearance during loading operations to lower the failed fuel
assembly into place without interference from surrounding components,
allowing the fuel assembly to be safely lowered into its final
position. Because of its proposed modification to the FFC, NEDA cannot
lift the FFC in the normal manner. Instead, it will have to use
additional lifting hardware to accomplish this. The additional hardware
to be used will cause the relevant FFC and its contents to exceed the
705-pound weight limit in CoC No. 1004, Renewed Amendment No. 17. If
the exemption is granted, NEDA would be allowed to load a failed fuel
assembly in an FCC, within a DAEC DSC No. 30 fuel cell, where the
combined weight of the failed fuel assembly plus the FCC exceeds the
705-pound limit. As a condition of this exemption, however, NEDA would
also be required to leave at least two adjacent DSC fuel cells empty to
increase the available margin for weight.
The NRC staff is performing both a safety evaluation and an
environmental review to determine whether to grant this exemption
request. The NRC staff will prepare a separate safety evaluation report
to document its safety review and analysis. The NRC's safety evaluation
report will evaluate the proposed exemption to ensure reasonable
assurance of adequate protection of public health and safety, and the
common defense and security. This EA documents the environmental review
that the NRC staff prepared in accordance with 10 CFR 51.21 and
51.30(a). The NRC's decision whether to grant the exemption will be
based on the results of the NRC staff's review documented in this EA,
and the staff's safety review to be documented in the safety evaluation
report.
III. Environmental Assessment
Description of the Proposed Action
CoC No. 1004 constitutes the approval and contains the conditions
for the use of the Standardized NUHOMS[supreg] Horizontal Modular
Storage System for the storage of spent nuclear fuel under the general
licensing provisions of 10 CFR 72.210. The proposed action is for the
NRC to grant NEDA an exemption from the requirements of 10 CFR
72.212(b)(3), (b)(5)(i), (b)(11), and 72.214, which require general
licensees to comply with the terms, conditions, and specifications of
the CoC No. 1004,
[[Page 5849]]
Renewed Amendment No. 17 and from the requirements of 10 CFR
72.212(a)(2), (b)(2), and (b)(4) to the extent those three provisions
require licensees to use casks exactly as described in the relevant TS.
In its October 21, 2021, exemption request, supplemented on
December 10, 2021, and January 6, 2022, NEDA identified a failed fuel
assembly that weighs nominally 676 pounds. As previously discussed,
this failed fuel assembly must be stored in a modified FFC because of a
bent bail handle extending beyond the perimeter of the dry shielded
canister fuel compartment. When this failed fuel assembly is stored
with the modified FFC, the total weight will exceed the physical
parameter limit for failed fuel, specified in CoC No. 1004, Renewed
Amendment No. 17, Appendix B, TS Table 1-1t, which states: ``The total
weight of each failed fuel can plus all its content shall be less than
705 lb.'' As a result, NEDA is requesting an exemption to load an FFC
such that the FFC and its contents exceed the TS limit for the DAEC
ISFSI.
More specifically, NEDA is requesting NRC's approval for the FFC in
question, plus all its contents, to weigh up to 800 lbs. NEDA further
states that, should this exemption be granted, the FFC in question
would be loaded within DSC No. 30, which is the final DSC in the near-
term loading campaign and the final loading campaign for DAEC. In
addition, as the NRC staff's safety evaluation will discuss, NEDA
stated that it is committing to leave a minimum of two adjacent fuel
cells in DSC No. 30 empty.
Need for the Proposed Action
The proposed action is limited to allowing Standardized
NUHOMS[supreg] 61BTH Type 2 DSC, No. 30, to be loaded and maintained at
DAEC ISFSI in the storage condition such that the FCC and its contents
weigh up to 800 pounds. This cask will remain in this condition for the
duration of its use and will not meet the 705-pound weight limit for
failed fuel specified in CoC No. 1004, Renewed Amendment No. 17,
Appendix B, TS Table 1-1t, ``BWR Fuel Specification for the Fuel to be
Stored in the NUHOMS[supreg]-61BTH DSC.''
DAEC is currently undergoing decommissioning. For NEDA to
decommission the facility, it must place the failed fuel assembly in a
storage cask. NEDA could dismantle the failed fuel assembly and place
the dismantled component pieces of the failed fuel assembly into
separate FFCs within a DSC to meet the total weight requirement
specified in CoC No. 1004, Renewed Amendment No. 17, Appendix B, TS
Table 1-1t. Dismantling the failed fuel assembly and placing the
dismantled portions in multiple FFCs, however, would result in
increased risk to plant personnel and the environment, including
additional occupational radiation dose and the generation of additional
radiological waste.
Environmental Impacts of the Proposed Action
This EA evaluates the potential environmental impacts of granting
the exemption to allow Standardized NUHOMS[supreg] 61BTH Type 2 DSC,
No. 30, to be loaded and maintained at DAEC ISFSI in the storage
condition such that the FCC and its contents weigh up to 800 pounds for
the duration of its use without restoring compliance with the weight
limit for failed fuel as specified in CoC No. 1004, Renewed Amendment
No. 17, Appendix B, TS Table 1-1t.
The potential environmental impacts of spent fuel storage under CoC
No. 1004, Renewed Amendment No. 17, for the Standardized NUHOMS[supreg]
61BTH System, were evaluated by the NRC staff prior to Renewed
Amendment No. No. 17 being added to the list of approved spent fuel
storage casks in 10 CFR 72.214 (86 FR 26651). For the proposed action,
the only potential impacts from granting the exemption will be as
discussed as follows. Nothing about increasing the weight of this FFC
would cause any corresponding changes to the environmental impacts
discussed during the original amendment. In addition, non-radiological
impacts will not be greater than those considered in the EA for CoC No.
1004, Renewed Amendment No. 17.
On July 18, 1990 (55 FR 29181), the NRC amended 10 CFR part 72 to
provide for the storage of spent fuel under a general license in cask
designs approved by the NRC. The EA for the 1990 final rule analyzed
the potential environmental impact of using NRC-approved storage casks.
The EA for the NUHOMS[supreg] 61BTH System, CoC No. 1004, Renewed
Amendment No. No. 17, tiers off the EA issued for the July 18, 1990,
final rule. Tiering off earlier EAs is a standard process under the
National Environmental Policy Act of 1969 (NEPA) by which the impact
analyses of previous EAs can be cited by a subsequent EA, such as this
one, to include the impacts of the proposed action within the scope of
the previous EA.
On December 22, 1994 (59 FR 65898), the NRC amended 10 CFR part 72
to add the Standardized NUHOMS[supreg] Horizontal Modular System to the
list of approved spent fuel storage casks under a general license. The
EA for the December 22, 1994, final rule concluded that there would be
no significant environmental impact to adding the Standardized
NUHOMS[supreg] System, and therefore, the NRC issued a FONSI, which was
validated through issuance of Renewed Amendment No. 17 to the CoC on
June 7, 2021.
This exemption request involves neither the disturbance of land,
the construction of new facilities, nor modifications to current
operating practices. The EA for NUHOMS[supreg] 61BTH System, CoC No.
1004, Renewed Amendment No. 17, analyzed the effects of design-basis
accidents that could occur during storage. Design-basis accidents
account for human-induced events and the most severe natural phenomena
reported for the site and surrounding area and the resultant effects on
the storage cask. The NRC staff evaluated the exemption request and
concludes that the structural integrity and confinement of the
NUHOMS[supreg] 61BTH System are maintained within regulatory
requirements and the environmental impacts of the proposed action will
be insignificant. In addition, the NRC staff determined that the higher
weight limit for failed fuel, requested under this exemption, would not
adversely affect structural performance, and the Type 2 DSC structural
performance would not be affected by the exemption request. Therefore,
there would be no significant change in the types or amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposures, and no significant increase in the potential for,
or consequences of, radiological accidents will occur. The NRC staff
also finds that occupational exposure and offsite dose rates from this
exemption request will remain within applicable 10 CFR part 20 limits.
Therefore, the proposed exemption request will not result in
radiological or non-radiological environmental impacts that
significantly differ from impacts evaluated in the EA supporting the
NUHOMS[supreg] 61BTH System, CoC No. 1004, Renewed Amendment No. 17,
Direct Final Rule. For these reasons, the NRC concludes there are no
significant environmental impacts associated with the exemption request
for the NUHOMS[supreg] 61BTH System Type 2 DSC.
Environmental Impacts of the Alternatives to the Proposed Action
In addition to the proposed action, the NRC staff also considered
the no-action alternative of denial of the proposed exemption request.
Denial of the exemption request would require NEDA to dismantle the
failed fuel assembly and place the resulting dismantled
[[Page 5850]]
component pieces into separate FFCs within a DSC to meet the total
weight requirement specified in CoC No. 1004, Renewed Amendment No. 17,
Appendix B, TS Table 1-1t. Dismantling the failed fuel assembly and
placing its dismantled components in multiple FFCs would result in
increased risk to plant personnel and the environment, including
additional occupational radiation dose and the generation of additional
radiological waste. Therefore, the alternative could result in equal or
greater environmental impacts.
Agencies Consulted
By email dated December 17, 2021, the NRC provided a copy of this
draft EA to the Bureau of Radiological Health, Iowa Department of
Public Health, for review. By email dated January 4, 2022, the Iowa
Department of Public Health indicated that it had no comments.
Endangered Species Act Section 7 Consultation
Section 7 of the Endangered Species Act requires Federal agencies
to consult with the U.S. Fish and Wildlife Service or National Marine
Fisheries Service regarding actions that may affect listed species or
designated critical habitats. The Endangered Species Act is intended to
prevent further decline of endangered and threatened species and
restore those species and their critical habitat.
The NRC staff determined that a consultation under Section 7 of the
Endangered Species Act is not required because the proposed action will
not affect listed species or critical habitat.
National Historic Preservation Act Section 106 Consultation
Section 106 of the National Historic Preservation Act (NHPA)
requires Federal agencies to consider the effects of their undertakings
on historic properties. As stated in the NHPA, historic properties are
any prehistoric or historic district, site, building, structure, or
object included in, or eligible for inclusion in the National Register
of Historic Places.
The NRC determined that the scope of activities described in this
exemption request do not have the potential to cause effects on
historic properties because the NRC's approval of this exemption
request will not authorize new construction or land disturbance
activities. The NRC staff also determined that the proposed action is
not a type of activity that has the potential to impact historic
properties because the proposed action would occur within the
established DAEC site boundary. Therefore, in accordance with 36 CFR
800.3(a)(1), no consultation is required under Section 106 of NHPA.
IV. Finding of No Significant Impact
The environmental impacts of the proposed action, an exemption
allowing NEDA to load and maintain a modified FFC for DAEC ISFSI in the
storage condition such that the FCC and its contents weigh up to 800
pounds instead of the current limit specified in CoC No. 1004, Renewed
Amendment No. No. 17, Appendix B, TS Table 1-1t, have been reviewed
under the requirements in 10 CFR part 51, which implement NEPA.
In this EA, the NRC determined that the environmental impacts of
granting this exemption will be no greater than those described in the
EA for the NUHOMS[supreg] 61BTH System, CoC No. 1004, Renewed Amendment
No. 17, Direct Final Rule, and that nothing about increasing the weight
of this FFC would cause any corresponding changes to the environmental
impacts discussed during the original amendment. No changes are being
made in the types or quantities of effluents that may be released
offsite, and there is no significant increase in occupational or public
radiation exposures. Accordingly, the NRC has determined that a FONSI
is appropriate, and an environmental impact statement is not warranted.
V. 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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ADAMS accession No./Federal
Document description Register citation
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Final Rule: Storage of Spent Fuel in NRC- 55 FR 29181
Approved Storage Casks at Power Reactor
Sites, dated July 18, 1990.
Final Rule: List of Approved Spent Fuel 59 FR 65898
Storage Casks: Addition, dated December
22, 1994.
Direct Final Rule: List of Approved Spent 86 FR 26651
Fuel Storage Casks: TN Americas LLC
Standardized NUHOMS[supreg] Horizontal
Modular Storage System, Certificate of
Compliance No. 1004, Renewed Amendment
No. 17, dated May 17, 2021.
Letter from NextEra Energy to NRC, ML20240A067
``Certification of Permanent Cessation of
Power Operations'' dated August 27, 2020.
Letter from NextEra Energy to NRC, ML20286A317
``Certification of Permanent Removal of
Fuel from the Reactor Vessel for Duane
Arnold Energy Center,'' dated October 12,
2020.
Letter from NextEra Energy to NRC, ML21294A280
``Exemption Request for Failed Fuel Can
Weight in a Certificate of Compliance
1004 Renewed Amendment 17 61BTH Type 2
Dry Shielded Canister,'' dated October
21, 2021.
Letter from NextEra Energy to NRC, ML21344A186
``Supplement to Exemption Request for
Failed Fuel Can Weight in a Certificate
of Compliance 1004 Renewed Amendment 17
61BTH Type 2 Dry Shielded Canister,''
dated December 10, 2021.
Letter from NextEra Energy to NRC, ML22006A105
``Supplement to Exemption Request for
Failed Fuel Can Weight in a Certificate
of Compliance 1004 Renewed Amendment 17
61BTH Type 2 Dry Shielded Canister,''
dated January 6, 2022.
Renewal of Initial Certificate and ML17338A117 and ML17338A118,
Amendment Nos. 1 Through 11 and 13, respectively
Revision 1, and Amendment No. 14 of
Certificate of Compliance No. 1004 for
the Standardized NUHOMS[supreg]
Horizontal Modular Storage System.
Enclosure 25, Renewed Certificate of
Compliance No. 1004, Amendment 13,
Revision 1; Enclosure 26, Conditions for
Cask Use and Technical Specifications,
Renewed Amendment 13, Revision 1, dated
December 4, 2017.
Issuance of Certificate of Compliance No. ML21109A325 (Package)
1004, Renewed Amendment No. 17, for the
Standardized NUHOMS[supreg] Horizontal
Modular Storage System, dated May 5, 2021.
Email from NRC to Iowa Department of ML21354A672
Public Health Transmitting ``State
Consolation--Draft Environmental
Assessment Regarding the Exemption
Request for NextEra Energy Duane Arnold,
LLC, Duane Arnold Energy Center ISFSI in
Palo, Iowa,'' dated December 17, 2021.
Email from State of Iowa Department of ML22021B505
Public Health regarding ``State
Consultation--Draft Environmental
Assessment Regarding the Exemption
Request for NextEra Energy Duane Arnold,
LLC, Duane Arnold Energy Center ISFSI in
Palo, Iowa,'' dated January 4, 2022.
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[[Page 5851]]
Dated: January 27, 2022.
For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-02122 Filed 2-1-22; 8:45 am]
BILLING CODE 7590-01-P