[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34284-34286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09275]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-0028, 50-387, and 50-388; NRC-2024-0068]
Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station,
Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an
exemption to Susquehanna Nuclear, LLC, permitting Susquehanna Steam
Electric Station to load six new 89 multi-purpose canisters (MPC) with
continuous basket shims in the HI-STORM Flood/Wind MPC Storage System
at its Susquehanna Steam Electric Station, Units 1 and 2 independent
spent fuel storage installation in a storage condition where the terms,
conditions, and specifications in the Certificate of Compliance No.
1032, Amendment No. 5, are not met.
DATES: The exemption was issued on April 22, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0068 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-2024-0068. 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, at 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.
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: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-6825; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 25, 2024.
For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-0028, 50-387, and 50-388]
Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station Units 1
and 2; Independent Spent Fuel Storage Installation
I. Background
Susquehanna Nuclear, LLC (Susquehanna) is the holder of Renewed
Facility Operating License Nos. NPF-14 and NPF-22, which authorize
operation of the Susquehanna Steam Electric Station (SSES), Units 1 and
2 in Salem Township, Luzerne County, PA (70 miles northeast of
Harrisburg, PA), pursuant to Part 50 of Title 10 of the Code of Federal
Regulations (10 CFR), ``Domestic Licensing of Production and
Utilization Facilities.'' The licenses provide, among other things,
that the facility is subject to all rules, regulations, and orders of
the U.S. Nuclear Regulatory Commission (NRC) now or hereafter in
effect.
Consistent with 10 CFR part 72, subpart K, ``General License for
Storage of Spent Fuel at Power Reactor Sites,'' a general license is
issued for the storage of spent fuel in an Independent Spent Fuel
Storage Installation (ISFSI) at power reactor sites to persons
authorized to possess or operate nuclear power reactors under 10 CFR
part 50. Susquehanna is authorized to operate nuclear power reactors
under 10 CFR part 50 and holds a 10 CFR part 72 general license for
storage of spent fuel at the SSES ISFSI. Under the terms of the general
license, Susquehanna stores spent fuel at its SSES ISFSI using the HI-
STORM Flood/Wind (FW) Multi-Purpose Canister (MPC) Storage System in
accordance with Certificate of Compliance (CoC) No. 1032, Amendment No.
5.
II. Request/Action
By a letter dated March 19, 2024 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML24079A070) and supplemented
on March 21, 2024 (ML24081A335), Susquehanna requested an exemption
from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11), and 72.214 that requires SSES to comply
with the terms, conditions, and specifications of the CoC No. 1032,
Amendment No. 5 (ML20163A701). If approved, Susquehanna's exemption
request would accordingly allow SSES to load MPCs with continuous
basket shims (CBS) (i.e., MPC-89-CBS), an unapproved variant basket
design, in the HI-STORM FW MPC Storage System, and thus, to load the
systems in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 5, are not met.
Susquehanna currently uses the HI-STORM FW MPC Storage System under
CoC No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at
the SSES ISFSI. Holtec International (Holtec), the designer and
manufacturer of the HI-STORM FW MPC Storage
[[Page 34285]]
System, developed a variant of the MPC-89 design with CBS, known as
MPC-89-CBS. Holtec performed a non-mechanistic tip-over analysis with
favorable results and implemented the CBS variant design under the
provisions of 10 CFR 72.48, ``Changes, tests, and experiments,'' which
allows licensees to make changes to cask designs without a CoC
amendment under certain conditions (listed in 10 CFR 72.48(c)). After
evaluating the specific changes to the cask designs, the NRC determined
that Holtec erred when it implemented the CBS variant design under 10
CFR 72.48, as this is not the type of change allowed without a CoC
amendment. For this reason, the NRC issued three Severity Level IV
violations to Holtec (ML24016A190).
Susquehanna's near-term loading campaign for the SSES ISFSI
includes plans to load six MPC-89-CBS in the HI-STORM FW MPC Storage
System beginning in August 2024. While Holtec was required to submit a
CoC amendment to the NRC to seek approval of the CBS variant design,
such a process will not be completed in time to inform decisions for
this near-term loading campaign. Therefore, Susquehanna submitted this
exemption request to allow for future loading of six MPC-89-CBS
beginning in August 2024 at the SSES ISFSI. This exemption is limited
to the use of MPC-89-CBS in the HI-STORM FW MPC Storage System only for
the specific near-term planned loading of six new canisters using the
MPC-89-CBS variant basket design.
III. Discussion
Pursuant to 10 CFR 72.7, ``Specific exemptions,'' 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.
A. The Exemption Is Authorized by Law
This exemption would allow Susquehanna to load six new MPC-89-CBS
in the HI-STORM FW MPC Storage System, beginning in August 2024, at its
SSES ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 5, are not met.
Susquehanna is requesting an exemption from the provisions in 10 CFR
part 72 that require the licensee to comply with the terms, conditions,
and specifications of the CoC for the approved cask model it uses.
Section 72.7 allows the NRC to grant exemptions from the requirements
of 10 CFR part 72. This authority to grant exemptions is consistent
with the Atomic Energy Act of 1954, as amended, and is not otherwise
inconsistent with NRC's regulations or other applicable laws.
Additionally, no other law prohibits the activities that would be
authorized by the exemption. Therefore, the NRC concludes that there is
no statutory prohibition on the issuance of the requested exemption,
and the NRC is authorized to grant the exemption by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
This exemption would allow Susquehanna to load six new MPC-89-CBS
in the HI-STORM FW MPC Storage System, beginning in August 2024, at the
SSES ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 5, are not met. In
support of its exemption request, Susquehanna asserts that issuance of
the exemption would not endanger life or property because a tip-over or
handling event is administratively controlled, and that the containment
boundary would be maintained in such an event. Susquehanna relies, in
part, on the approach in the NRC's Safety Determination Memorandum
(ML24018A085). The NRC issued this Safety Determination Memorandum to
address whether, with respect to the enforcement action against Holtec
regarding this violation, there was any need to take an immediate
action for the cask systems that were already loaded with non-compliant
basket designs. The Safety Determination Memorandum documents a risk-
informed approach concluding that, during the design basis event of a
non-mechanistic tip-over, the fuel in the basket in the MPC-89-CBS
remains in a subcritical condition.
Susquehanna also provided site-specific technical information, as
supplemented, including information explaining why the use of the
approach in the NRC's Safety Determination Memorandum is appropriate
for determining the safe use of the CBS variant baskets at the SSES
ISFSI. Specifically, Susquehanna described that the analysis of the
tip-over design basis event that is relied upon in the NRC's Safety
Determination Memorandum, which demonstrates that the MPC confinement
barrier is maintained, is documented in the updated final safety
analysis report (UFSAR) for the HI-STORM FW MPC Storage System CoC No.
1032, Amendment 5, that is used at the SSES site. In addition, the
handling procedures utilized by Susquehanna comply with the
requirements of Appendix A of CoC No. 1032, Amendment No. 5, including
a single failure proof lifting system and redundant drop protection
features in accordance with applicable codes and standards.
Additionally, Susquehanna referenced specific information from
SSES's 72.212 Evaluation Report, Revision 0, that demonstrated the
combined dose produced by the storage systems on the SSES ISFSI will
not result in annual doses at the ISFSI controlled area boundary in
excess of the limits specified in 10 CFR 72.104(a), ``Criteria for
radioactive materials in effluents and direct radiation from an ISFSI
or MRS,'' during normal and anticipated operational occurrences, or in
excess of the limits specified in 72.106, ``Controlled area of an ISFSI
or MRS,'' during design bases accidents. Specifically, Susquehanna
described that, in the highly unlikely event of a tip-over, any
potential fuel damage from a non-mechanistic tip-over event would be
localized, the confinement barrier would be maintained, and the
shielding material would remain intact. Susquehanna concluded that
there is no adverse effect on the shielding or confinement functions
since there is no effect on occupational or public exposures as a
result of this accident condition.
The NRC staff reviewed the information provided by Susquehanna and
concludes that issuance of the exemption would not endanger life or
property because the administrative controls Susquehanna has in place
at the SSES ISFSI sufficiently minimize the possibility of a tip-over
or handling event, and that the containment boundary would be
maintained in such an event. The staff confirmed that these
administrative controls comply with the technical specifications and
UFSAR for the HI-STORM FW MPC Storage System CoC No. 1032, Amendment
No. 5, that is used at the SSES site. In addition, the staff confirmed
that the information provided by Susquehanna regarding SSES's 72.212
Evaluation Report, Revision 0, demonstrates that the consequences of
normal and accident conditions would be within the regulatory limits of
the 10 CFR 72.104 and 10 CFR 72.106. The staff also determined that the
requested exemption is not related to any aspect of the physical
security or defense of the SSES ISFSI; therefore, granting the
exemption would not result in any potential impacts to common defense
and security.
[[Page 34286]]
For these reasons, the NRC staff 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 or the
common defense and security.
C. The Exemption Is Otherwise in the Public Interest
The proposed exemption would allow Susquehanna to load six new MPC-
89-CBS in the HI-STORM FW MPC Storage System beginning in August 2024,
at the SSES ISFSI, even though the CBS variant basket design is not
part of the approved CoC No. 1032, Amendment No. 5. According to
Susquehanna, the exemption is in the public interest because not being
able to load fuel into dry storage in the future loading campaign would
adversely impact Susquehanna's ability to maintain full core offload
capability, consequently increasing risk and challenges to continued
safe reactor operation.
Susquehanna stated that to delay the future loading would impact
the ability to maintain a healthy margin in the spent fuel pools in
support of a full core discharge for one reactor unit with a goal of
providing a full core discharge for both reactor units. Susquehanna
also stated that the inability to utilize the MPC-89 canister
containing the CBS basket in the 2024 Spent Fuel Storage campaign
significantly impacts the ability to effectively manage margin for full
core discharge capability, because margin reduction results in
increased inventory in the spent fuel pool that would likely require
additional fuel moves and an increased reactivity management risk due
to increased fuel handling operations. Additionally, Susquehanna notes
that there are logistical concerns that the availability of the
specialized equipment and personnel resources, which are secured years
in advance of scheduled campaigns, would have a cascading impact on all
other scheduled activities that utilize these specialized resources.
Any delay would lead to a reduction in the margin to capacity in the
spent fuel pool. Once the spent fuel pool capacity is reached, the
ability to refuel the operating reactor is limited, thus affecting
continued reactor operations.
For the reasons described by Susquehanna in the exemption request,
the NRC agrees that it is in the public interest to grant the
exemption. If the exemption is not granted, to comply with the CoC,
SSES would have to keep spent fuel in the spent fuel pool if it is not
permitted to be loaded into casks in a future loading, thus impacting
Susquehanna's ability to effectively manage the margin for full core
discharge capacity. As explained by Susquehanna, increased inventory of
fuel in the spent fuel pool could result in the need for additional
fuel moves and, therefore, an increase in worker doses and the
potential for fuel handling accidents that accompany increased fuel
handling operations. Moreover, should spent fuel pool capacity be
reached, the ability to refuel an operating reactor unit is challenged,
thus potentially impacting continued reactor operations.
Therefore, the staff concludes that approving the exemption is in
the public interest.
Environmental Consideration
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 would be 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 April 22, 2024 (89 FR 29369).
IV. Conclusion
Based on these considerations, the NRC has determined that,
pursuant to 10 CFR 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 Susquehanna
an exemption from the requirements of Sec. Sec. 72.212(a)(2),
72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 with respect
to the future loading in the HI-STORM FW MPC Storage System of six new
MPC-89-CBS beginning in August 2024.
This exemption is effective upon issuance.
Dated: April 22, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-09275 Filed 4-29-24; 8:45 am]
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