[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]
BILLING CODE 7590-01-P