[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Pages 44161-44162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14602]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1031 and 72-44; NRC-2023-0121]


Arizona Public Service Company; Palo Verde Nuclear Generating 
Station Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an 
exemption in response to a request from Arizona Public Service Company. 
The exemption will allow the licensee to deviate from the requirements 
for the NAC International, Inc. MAGNASTOR[supreg] Storage System in 
Certificate of Compliance No. 1031, Amendment No. 7, by utilizing 
storage cask lids that were not fabricated in accordance with the 
requirements of two codes issued by the American Concrete Institute 
(ACI).

DATES: The exemption to Arizona Public Service Company was issued on 
July 5, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0121 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-2023-0121. Address 
questions about Dockets 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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS)

[[Page 44162]]

is provided the first time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

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. Introduction

    The NRC issued an exemption (ADAMS Package Accession No. 
ML23166B082) in response to a request dated May 23, 2023, from Arizona 
Public Service Company for the Palo Verde Nuclear Generating Station 
Independent Spent Fuel Storage Installation (ISFSI) (ADAMS Accession 
No. ML23143A391). The exemption allows exemption from the requirements 
of Sec. Sec.  72.212(a)(2), (b)(3), and (b)(5)(i) and 72.214 and the 
portion of Sec.  72.212(b)(11) of title 10 of the Code of Federal 
Regulations (10 CFR) that requires compliance with the terms and 
conditions set forth in the certificate of compliance for each spent 
fuel cask used by an ISFSI general licensee.
    The exemption requested authorization to load and store spent fuel 
in MAGNASTOR[supreg] storage casks with lids that were not fabricated 
in accordance with Technical Specification A4.2, as specified in 
Amendment No. 7 of the NAC International Certificate of Compliance No. 
1031 for the MAGNASTOR[supreg] storage system. Amendment No. 7 is used 
at the Palo Verde ISFSI (ADAMS Package Accession No. ML17013A466).
    Technical Specification, Appendix A, A4.2 requires the concrete 
cask lid to be designed and fabricated in accordance with the American 
Concrete Institute Specifications ACI-349, ``Code Requirements for 
Nuclear Safety Related Concrete Structures,'' and ACI-318, ``Building 
Code Requirements for Structural Concrete,'' which according to the 
technical specifications govern the concrete cask design and 
construction, respectively.
    NAC submitted an amendment request dated January 24, 2022 (ADAMS 
Accession No. ML22024A374) to eliminate the need for compliance with 
the referenced technical specification for the concrete in the cask 
lids in the Certificate of Compliance No. 1031 for the 
MAGNASTOR[supreg] storage system, however this exemption was necessary 
to meet loading campaigns scheduled before resolution of NAC's 
amendment request. The applications provided information documenting 
that the concrete in the cask lids is not relied upon for the strength 
safety function provided by the ACI codes in Technical Specification, 
Appendix A, A4.2, and the concrete in the cask lids was fabricated 
using standards that ensure the concrete will continue to meet the 
required shielding safety function. Based on the NRC staff's evaluation 
of the exemption request, and the statements and representations 
provided by the applicant in the exemption request, the staff concluded 
that the proposed action to exempt the cask lids from the current 
Technical Specification in A4.2 at the ISFSI site is authorized by law 
and will not endanger life, property, or the common defense and 
security, and is otherwise in the public interest and therefore meets 
the exemption requirements in 10 CFR 72.7.

    Dated: July 6, 2023.

    For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation Licensing Branch, Division of 
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-14602 Filed 7-10-23; 8:45 am]
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