[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42511-42514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10585]
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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; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an
exemption to Vistra Operations Company LLC \1\ permitting Perry Nuclear
Power Plant (Perry) to load the Holtec 89 position multi-purpose
canister with continuous basket shims in HI-STORM Flood/Wind
Multipurpose Canister Storage System at its Perry Unit 1 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.
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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 (ADAMS Package Accession No. ML24057A092). Upon
completion of this license transfer, Vistra Operations Company LLC
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 (ADAMS Accession No.
ML24054A498).
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DATES: The exemption was issued on 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.
[[Page 42512]]
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: 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: The text of the exemption is attached.
Dated: May 9, 2024.
For the Nuclear Regulatory Commission.
Christian Jacobs,
Acting Chief, Storage and Transportation Licensing Branch, Division of
Fuel Management, Office of Nuclear Material Safety, and Safeguards.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-69, and 50-440; NRC-2024-0082]
Vistra Operations Company LLC; Perry Nuclear Power Plant, Unit 1;
Independent Spent Fuel Storage Installation
I. Background
Vistra Operations Company LLC (VistraOps) is the holder of Facility
Operating License No. NPF-58, which authorizes operation of the Perry
Nuclear Power Plant, Unit 1 (Perry) in North Perry, Ohio, pursuant to
part 50 of Title 10 of the Code of Federal Regulations (10 CFR),
``Domestic Licensing of Production and Utilization Facilities.'' The
license provides, 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. VistraOps 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 Perry ISFSI. Under the terms of the
general license, VistraOps stores spent fuel at its Perry ISFSI using
the HI-STORM Flood/Wind (F/W) Multipurpose Canister (MPC) Storage
System in accordance with Certificate of Compliance (CoC) No. 1032,
Amendment No. 5.
II. Request/Action
By a letter dated February 27, 2024 (Agencywide Documents Access
and Management System [ADAMS] ML24058A180), by Energy Harbor Nuclear
Corporation \1\ and supplemented by VistraOps on March 22, 2024
(ML24082A132), VistraOps 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 require Perry to comply with the terms, conditions, and
specifications of the CoC No. 1032, Amendment No. 5 (ML20163A701). If
approved, the VistraOps exemption request would accordingly allow Perry
to load two Multi-Purpose Canisters (MPC) with an unapproved variant
basket design with continuous basket shims (CBS) (i.e., MPC-89-CBS), in
the HI-STORM F/W MPC Storage System beginning in August, 2024, 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.
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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 (ADAMS Accession No. ML24057A075). 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 (ADAMS Accession No.
ML24054A498).
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VistraOps currently uses the HI-STORM F/W MPC Storage System under
CoC No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at
the Perry ISFSI. Holtec International (Holtec), the designer and
manufacturer of the HI-STORM F/W MPC Storage System, developed a
variant of the design with CBS for the MPC-89, 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).
VistraOps's near-term loading campaign for the Perry ISFSI, in
addition to other loadings of non-CBS MPCs, also includes plans to load
two MPC-89-CBS in the HI-STORM F/W MPC Storage System 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, VistraOps submitted this exemption request in
order to allow for the future loadings of the two MPC-89-CBS canisters
beginning in August 2024 at the Perry ISFSI. This exemption is limited
to the use of two MPC-89-CBS in the HI-STORM F/W MPC Storage System for
the specific near-term planned loading beginning in August 2024.
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 VistraOps to load two MPC-89-CBS
canisters in the HI-STORM F/W MPC Storage System beginning in August
2024 at its Perry ISFSI in a storage condition where the terms,
conditions, and specifications in the CoC No. 1032, Amendment No. 5,
are not met. VistraOps is requesting an exemption from the provisions
in 10 CFR part 72
[[Page 42513]]
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 VistraOps to load two MPC-89-CBS in the
HI-STORM F/W MPC Storage System beginning in August 2024 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. In
support of its exemption request, VistraOps 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. VistraOps 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.
VistraOps 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 Perry
ISFSI. Specifically, VistraOps 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 F/W MPC Storage System CoC No.
1032, Amendment No. 5 that is used at the Perry site. VistraOps also
described its administrative controls for handling of the HI-STORM F/W
MPC Storage System at the Perry ISFSI to prevent a tip-over or handling
event. Those controls include ensuring that all lifts of the cask will
be conducted in accordance with Perry's existing heavy load program.
The fuel handling building crane at Perry was upgraded to single
failure proof. Also, evaluations pursuant to 10 CFR 50.59, ``Changes,
tests and experiments,'' have been performed demonstrating that heavy
load lifts and the use of the HI-STORM F/W MPC Storage System are in
compliance with Perry's existing heavy load requirements. In addition,
transportation of a loaded HI-STORM F/W MPC Storage System into and out
the fuel handling building is accomplished using a zero profile
transporter with Hilman rollers that provides support from underneath.
The applicant stated that transportation of a loaded HI-STORM storage
cask between the fuel handling building and the ISFSI is accomplished
by the Holtec HI-TRAN, which meets the requirements of CoC No. 1032,
Amendment No. 5. VistraOps provided information from ``Perry Nuclear
Power Plant 10 CFR 72.212 Evaluation Report,'' Revision 2, which
evaluated the seismic stability of the transport of the overpack and
during stackup. VistraOps report concluded that both HI-STORM/HI-TRAC
Stackup and transfer of the loaded HI-STORM overpack by HI-TRAN remains
kinematically stable and does not overturn during a seismic event.
Additionally, VistraOps provided specific information from Perry's
site evaluation from its ``Perry Nuclear Power Plant 10 CFR 72.212
Evaluation Report,'' Revision 2, which states that during the design
basis event of a non-mechanistic tip-over, Perry's ISFSI would meet the
requirements in 10 CFR 72.106, ``Controlled area of an ISFSI or MRS
[monitored retrievable storage installation].'' Specifically, VistraOps
stated that section 12.2 of the UFSAR for the HI-STORM F/W MPC Storage
System shows that there are no accidents that significantly affect the
shielding analyses. In addition, the minimum distance from the ISFSI to
the site boundary at the Perry ISFSI is 428 meters, compared to the
100-meter distance in the UFSAR. 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 storage cask shielding material would remain intact. Coupled with
the distance of the Perry ISFSI to the site area boundary, VistraOps
concluded that compliance with Sec. Sec. 72.104, ``Criteria for
radioactive materials in effluents and direct radiation from an ISFSI
or MRS,'' and 72.106 is not impacted by approving this exemption
request.
The NRC staff reviewed the information provided by VistraOps and
concludes that issuance of the exemption would not endanger life or
property because the administrative controls VistraOps has in place at
the Perry ISFSI sufficiently minimize the possibility of a tip-over or
handling event, and that the containment boundary would be maintained
if such an event were to occur. The staff confirmed that the technical
specifications for the CoC No. 1032, Amendment No. 5, for the HI-STORM
F/W MPC Storage System used at the Perry site contain restrictions on
lifting the transfer cask or storage cask when loaded with fuel.
Specifically, technical specification 5.2.c.2 authorizes lifting to any
height as long as the horizontal cross beam and any lifting attachments
used to connect the load to the lifting equipment are designed,
fabricated, operated, tested, inspected, and maintained in accordance
with applicable sections and guidance of NUREG-0612, ``Control of Heavy
Loads at Nuclear Power Plants: Resolution of Generic Technical Activity
A-36,'' Section 5.1, including applicable stress limits from American
National Standards Institute N14.6, ``Radioactive Materials--Special
Lifting Devices For Shipping Containers Weighing 10 000 Pounds (4500
Kg) Or More.'' In addition, the staff confirmed that the information
provided by VistraOps regarding Revision 2 of the ``Perry Nuclear Power
Plant 10 CFR 72.212 Evaluation Report,'' 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 Perry ISFSI;
therefore, granting the exemption would not result in any potential
impacts to common defense and security.
For these reasons, the NRC staff has 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
[[Page 42514]]
property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
The proposed exemption would allow VistraOps to load two MPC-89-CBS
in the HI-STORM F/W MPC Storage System in August 2024, at the Perry
ISFSI, even though the CBS variant basket design is not part of the
approved CoC No. 1032, Amendment No. 5. According to VistraOps, the
exemption is in the public interest because not being able to load fuel
into the two MPC-89-CBS baskets during the August 2024 loading
campaigns would impact VistraOps's ability at Perry to maintain full-
core offload capability, consequently increasing risk and challenges to
continued safe reactor operation.
VistraOps stated that to delay the August 2024 loading of the two
MPC-89-CBS baskets at Perry would impact the ability to maintain a
healthy margin in the spent fuel pool in support of a full-core
discharge capability. VistraOps stated that not loading the two MPC-89-
CBS spent fuel canisters for storage on the ISFSI pad in August 2024,
decreases the margin to full-core offload to 555 open cells in the
spent fuel pool. There are two refueling outages planned for 2025 and
2027 that would decrease the full-core offload margin to an
insufficient number of open fuel cells (a deficit of 25 open cells) due
to the planned discharges of 288 and 292 fuel bundles, respectively.
That is, the Perry spent fuel pool would lose full-core offload in 2027
and would not regain full-core offload, and margin to full-core
offload, until the 2028 spent fuel loading campaign. Having no full-
core offload capability for over a year of operation at Perry is an
unnecessary risk to the operation of the plant, spent fuel pool
inventory and operations. In order to regain full-core offload prior to
the 2028 spent fuel loading campaign, non-fuel components stored in the
pool would need to be relocated, which involves additional resources,
dose, and risk to perform the relocations.
For the reasons described by VistraOps in its exemption request,
the NRC agrees that it is in the public interest to grant the
exemption. If the exemption is not granted, in order to comply with the
CoC, VistraOps would have to keep spent fuel in the spent fuel pool if
it is not permitted to be loaded into casks in the August 2024 spent
fuel loading, thus impacting Perry's ability to effectively manage the
margin for full-core discharge capacity. As explained by VistraOps,
increased inventory of fuel in the spent fuel pool could result in the
need for relocation or movement of non-fuel components and, therefore,
an increase in worker doses and the potential for accidents that
accompany increased movement of radioactive material. Moreover, should
spent fuel pool capacity be reached, the ability to refuel the
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 May 8, 2024 (89 FR 38926).
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 VistraOps
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 loading of two HI-STORM F/W MPC Storage System in MPC-89-CBS
beginning in August 2024.
This exemption is effective upon issuance.
Dated: May 8, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-10585 Filed 5-14-24; 8:45 am]
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