[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38926-38928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10043]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-69 and 50-440; NRC-2024-0082]


Vistra Operations Company LLC.; Perry Nuclear Power Plant, Unit 
1; Independent Spent Fuel Storage Installation; Environmental 
Assessment and Finding of No Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment (EA) and a finding of no significant impact 
(FONSI) for an exemption request submitted by Energy Harbor Nuclear 
Corporation \1\ that would permit Perry Nuclear Power Plant (Perry) to 
load two Holtec 89-assembly multi-purpose canisters (MPC) with 
continuous basket shims (CBS) in the HI-STORM Flood/Wind (FW) MPC 
Storage System at its Perry Unit 1 Independent Spent Fuel Storage 
Installation (ISFSI) in a storage condition where the terms, 
conditions, and specifications in the Certificate of Compliance (CoC) 
No. 1032, Amendment No. 5 are not met.
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    \1\ Effective March 1, 2024, the facility operating license for 
Perry Nuclear Power Plant was transferred from Energy Harbor Nuclear 
Generation LLC (owner) and Energy Harbor Nuclear Corp. (operator) to 
Energy Harbor Nuclear Generation LLC (owner) and Vistra Operations 
Company LLC. Upon completion of this license transfer, Vistra 
Operations Company LLC (VistraOps) assumed the responsibility for 
all licensing actions under NRC review at the time of the transfer 
and requested that the NRC continue its review of these actions.

DATES: The EA and FONSI referenced in this document are available on 
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May 8, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0082 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-2024-0082. 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]. 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: 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: Bernard White, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555; telephone: 301-415-6577; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is reviewing an exemption request from Energy Harbor 
Nuclear Corporation, dated February 27, 2024, and supplemented by 
VistraOps on March 22, 2024. VistraOps is requesting an exemption, 
pursuant to section 72.7 of title 10 of the Code of Federal Regulations 
(10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 
72.212(b)(11), and 72.214 that require VistraOps to comply with the 
terms, conditions, and specifications of the CoC No. 1032, Amendment 
No. 5. If approved, the exemption would allow VistraOps to load two 
MPCs which contain the 89-assembly CBS basket (MPC-89-CBS) beginning in 
August 2024 in the HI-STORM FW Storage System at the Perry ISFSI in a 
storage condition where the terms, conditions, and specifications in 
the CoC No. 1032, Amendment No. 5 are not met.

II. Environmental Assessment

Background

    Perry is located on a 1,100 acre site on Lake Erie, 40 miles 
northeast of Cleveland in North Perry, Ohio. Unit 1 began operating in 
1987. VistraOps has been storing spent fuel in an ISFSI at Perry under 
a general license as authorized by 10 CFR part 72, subpart K, ``General 
License for Storage of Spent Fuel at Power Reactor Sites.'' VistraOps

[[Page 38927]]

currently uses the HI-STORM FW Storage System under CoC No. 1032, 
Amendment No. 5 for dry storage of spent nuclear fuel in a specific MPC 
(i.e., MPC-89) at the Perry ISFSI.

Description of the Proposed Action

    The CoC is the NRC approved design for each dry cask storage 
system. The proposed action would exempt the applicant 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 only as these requirements pertain to the use 
of the MPC-89-CBS in the HI-STORM FW Storage System for near-term 
planned cask loadings. The exemption would allow VistraOps to load two 
MPC-89-CBS in the HI-STORM FW Storage System at the Perry ISFSI, 
despite the MPC-89-CBS in the HI-STORM FW Storage System not being in 
compliance with the terms, conditions, and specifications in the CoC 
No. 1032, Amendment No. 5.
    The CoC for the HI-STORM FW Storage System provides the 
requirements, conditions, and operating limits necessary for use of the 
system to store spent fuel. Holtec International (Holtec), the designer 
and manufacturer of the HI-STORM FW Storage System, developed a variant 
of the design with CBS for the MPC-89, known as MPC-89-CBS. Holtec 
originally implemented the CBS variant design under the provisions of 
10 CFR 72.48, 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 was not the type of change 
allowed without a CoC amendment. For this reason, the NRC issued three 
Severity Level IV violations to Holtec. Perry plans to load two MPC-89-
CBS canisters in the HI-STORM FW overpacks beginning in August 2024. 
This exemption considers the near-term planned loading of the two 
canisters with the CBS variant basket design.

Need for the Proposed Action

    VistraOps requested this exemption in order to allow loading of two 
MPC-89-CBS in HI-STORM FW Storage System at the Perry ISFSI for the 
future loading campaign scheduled in August 2024.
    Approval of the exemption request would allow VistraOps to 
effectively manage the spent fuel pool margin and capacity to maintain 
full core offload capability until its next storage cask loading 
campaign in 2028. Otherwise, after the refueling outages in 2025 and 
2027, Perry would have an insufficient number of open fuel cells (a 
deficit of 25 open cells) in the spent fuel pool. It would also allow 
VistraOps to effectively manage the availability of the specialized 
workforce and equipment needed to support competing fuel loading and 
operational activities at the Perry ISFSI.

Environmental Impacts of the Proposed Action

    This EA evaluates the potential environmental impacts of granting 
an exemption from the terms, conditions, and specifications in CoC No. 
1032, Amendment No. 5. The exemption would allow two MPC-89-CBS 
canisters to be loaded in the HI-STORM FW Storage System in the near-
term loading campaign scheduled for August 2024.
    The potential environmental impacts of storing spent nuclear fuel 
in NRC-approved storage systems have been documented in previous 
assessments. On July 18, 1990, 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 impacts of using NRC-approved storage 
casks. The EA for the HI-STORM FW Storage System, CoC No. 1032, 
Amendment No. 5, published in 2020, tiers off of the EA issued for the 
July 18, 1990, final rule. ``Tiering'' off earlier EAs is a standard 
process encouraged by the regulations implementing the National 
Environmental Policy Act of 1969 (NEPA) that entails the use of impact 
analyses of previous EAs to bound the impacts of a proposed action 
where appropriate. The Holtec HI-STORM FW Storage System is designed to 
mitigate the effects of design basis accidents that could occur during 
storage. Considering the specific design requirements for the accident 
conditions, the design of the cask would prevent loss of containment, 
shielding, and criticality control. If there is no loss of containment, 
shielding, or criticality control, the environmental impacts would not 
be significant.
    The exemptions requested by VistraOps at the Perry site as they 
relate to CoC No. 1032, Amendment No. 5 for the HI-STORM FW Storage 
System are limited to the near-term planned loading of two storage 
systems utilizing the CBS variant basket design. The staff determined 
that this change in the basket would not result in either radiological 
or non-radiological environmental impacts that significantly differ 
from the environmental impacts evaluated in the environmental 
assessment supporting the issuance of CoC No. 1032, Amendment No. 5. If 
the exemption is granted, there would be no significant change in the 
types or amounts of any effluents released, no significant increase in 
individual or cumulative public or occupational radiation exposure, and 
no significant increase in the potential for or consequences from 
radiological accidents. Accordingly, the Commission concludes that 
there would be no significant environmental impacts associated with the 
proposed action.

Alternative to the Proposed Action

    The staff considered the no-action alternative. The no-action 
alternative (denial of the exemption request) would require VistraOps 
to delay the near-term planned loading of spent fuel in the MPC-89-CBS 
in the HI-STORM FW Storage System at the Perry ISFSI. Delaying the 
loading of spent fuel into the two casks in August 2024 could affect 
VistraOps's ability to effectively manage pool capacity, reactor fuel 
offloading, and refueling. It could also pose challenges to spent fuel 
heat removal and impact the availability of the specialized workforce 
and equipment needed to support competing fuel loading and operational 
activities at Perry and other VistraOps sites. The NRC determined that 
the no-action alternative would result in undue potential human health 
and safety impacts that could be avoided by proceeding with the 
proposed exemption, especially given that the staff has concluded in 
NRC's Safety Determination Memorandum, issued with respect to the 
enforcement action against Holtec regarding these violations, that fuel 
can be stored safely in the MPC-89-CBS casks.

Agencies Consulted

    The NRC provided the Ohio Emergency Management Agency (OH-EMA) a 
copy of this draft EA for review by an email dated April 25, 2024. On 
April 25, 2024, OH-EMA stated via email that it had no comments on the 
draft EA and FONSI.

III. Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements in 10 CFR part 51, which implement 
NEPA. Based upon the foregoing environmental assessment, the NRC finds 
that the proposed action of granting the exemption from the regulations 
in 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11) 
and 72.214, which require the licensee to comply with the terms, 
conditions, and specifications of the CoC, in this case limited to 
specific future loading of two

[[Page 38928]]

canisters with the 89-assembly CBS variant design basket beginning 
August 2024, would not significantly impact the quality of the human 
environment. Accordingly, the NRC has determined that a FONSI is 
appropriate, and an environmental impact statement is not warranted.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS, as indicated.

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                    Document description                        ADAMS accession No. or Federal Register notice
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Issuance of order for license transfer, dated September 28,  ML23237B448 (Package).
 2023.
VistraOps and Energy Harbor Nuclear Corporation letter       ML24054A498.
 providing Notice of Planned Closing of Transaction and
 Provision of Documents to Satisfy Order Conditions, dated
 February 23, 2024.
Energy Harbor Nuclear Corporation request for specific       ML24058A180.
 exemption, dated February 27, 2024.
NRC authorization of license transfer amendment, dated       ML24057A092 (Package).
 March 1, 2024.
VistraOps supplement to request for exemption, dated March   ML24082A132.
 22, 2024.
NRC issuance of Certificate of Compliance No. 1032,          ML20163A701 (Package).
 Amendment 5, dated June 25, 2020.
Holtec International, Inc.--Notice of Violation; The U.S.    ML24016A190.
 Nuclear Regulatory Commission Inspection Report No.
 07201014/2022-201, EA-23-044, dated January 30, 2024.
10 CFR part 72 amendment to allow spent fuel storage in NRC- 55 FR 29181.
 approved casks, dated July 18, 1990.
EA for part 72 amendment to allow spent fuel storage in NRC- ML051230231.
 approved casks, dated March 8, 1989.
Final rule for List of Approved Spent Fuel Storage Casks:    85 FR 28479.
 Holtec International HI-STORM Flood/Wind Multipurpose
 Canister Storage System CoC No. 1032, Amendment 5, dated
 May 13, 2020.
NRC Safety Determination of a Potential Structural Failure   ML24018A085.
 of the Fuel Basket During Accident Conditions for the HI-
 STORM 100 and HI-STORM Flood/Wind Dry Cask Storage
 Systems, dated January 31, 2024.
NRC email to OH-EMA, ``State's review of EA/FONSI for Perry  ML24120A321.
 Exemption,'' dated April 25, 2024.
Email from OH-EMA regarding request for State review of the  ML24120A322.
 Perry exemption request environmental assessment, dated
 April 26, 2024.
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    Dated: May 3, 2024.

    For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Branch, Division of Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-10043 Filed 5-7-24; 8:45 am]
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