[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]
BILLING CODE 7590-01-P