[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42905-42907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10778]
[[Page 42905]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-65, 50-352, and 50-353; NRC-2024-0083]
Constellation Energy Generation, LLC.; Limerick Generating
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 Constellation Energy Generation, LLC., permitting Limerick
Generating Station (LGS) to maintain three loaded and to load five new
89 multi-purpose canisters (MPC) with continuous basket shims in the
HI-STORM Flood/Wind MPC Storage System at its LGS 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. 1, Revision No. 1 are not met.
DATES: The exemption was issued on May 8, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0083 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-2024-0083. 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: May 13, 2024.
For the Nuclear Regulatory Commission.
Bernard H. White,
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. 72-65, 50-352, and 50-353
Constellation Energy Generation, LLC.; Limerick Generating Station
Units 1 and 2; Independent Spent Fuel Storage Installation
I. Background
Constellation Energy Generation, LLC (Constellation) is the holder
of Renewed Facility Operating License Nos. NPF-39 and NPF-85, which
authorize operation of the Limerick Generating Station (LGS) Units 1
and 2 in Limerick, Pennsylvania, 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. Constellation 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 LGS ISFSI. Under the terms of the general
license, Constellation stores spent fuel at its LGS 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.
1, Revision No. 1.
II. Request/Action
By a letter dated April 5, 2024 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML24096A137), Constellation
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
the LGS to comply with the terms, conditions, and specifications of the
CoC No. 1032, Amendment No. 1, Revision No. 1 (ML15152A358). If
approved, Constellation's exemption request would accordingly allow the
LGS to maintain three loaded and to load five MPCs with continuous
basket shims (CBS) (i.e., MPC-89-CBS) in the HI-STORM FW MPC Storage
System, and thus, to maintain and load the systems in a storage
condition where the terms, conditions, and specifications in the CoC
No. 1032, Amendment No. 1, Revision No. 1, are not met.
Constellation currently uses the HI-STORM FW MPC Storage System
under CoC No. 1032, Amendment No. 1, Revision No. 1, for dry storage of
spent nuclear fuel in MPC-89 at the LGS ISFSI. Holtec International
(Holtec), the designer and manufacturer of the HI-STORM FW 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).
Prior to the issuance of the violations, Constellation had loaded
three MPC-89-CBS in the HI-STORM FW MPC Storage System, which are
safely in storage at the LGS ISFSI.
Constellation's near-term loading campaign for the LGS ISFSI
include plans to load five MPC-89-CBS in the HI-STORM FW MPC Storage
System beginning in August 2024. While Holtec was required to submit a
CoC
[[Page 42906]]
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, Constellation submitted this
exemption request in order to allow for the continued storage of the
three already loaded MPC-89-CBS, and future loading of five MPC-89-CBS
beginning in August 2024 at the LGS ISFSI. This exemption is limited to
the use of MPC-89-CBS in the HI-STORM FW MPC Storage System only for
the three already loaded canisters and specific near-term planned
loading of five 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 Constellation to maintain three loaded
and to load five MPC-89-CBS in the HI-STORM FW MPC Storage System at
its LGS ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 1, Revision No. 1,
are not met. Constellation 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 the 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 Constellation to maintain three loaded
and to load five MPC-89-CBS in the HI-STORM FW MPC Storage System at
the LGS ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 1, Revision No. 1,
are not met. In support of its exemption request, Constellation asserts
that issuance of the exemption would not endanger life or property
because the administrative controls the applicant has in place prevent
a tip-over or handling event, and that the containment boundary would
be maintained in such an event. Constellation 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.
Constellation also provided site-specific technical information,
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 LGS ISFSI. Specifically,
Constellation 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 1, Revision No.
1, that is used at the LGS site. Constellation also described its
administrative controls for handling of the HI-STORM FW MPC Storage
System at the LGS ISFSI to prevent a tip-over or handling event. Those
controls include using single-failure-proof handling systems as defined
in Section 5.1.6 of NUREG-0612, ``Control of Heavy Loads at Nuclear
Power Plants''. The LGS's UFSAR Section 9.1.5.4 indicates that the
single failure proof design of the reactor enclosure crane conforms to
NUREG-0554, ``Single-Failure-Proof Cranes for Nuclear Power Plants''.
Constellation referenced their ``Rigging and Lifting Program'',
``Control of Heavy Loads Program'' and ``Limerick Generating Station
Rigging and Handling Heavy Loads'' to further demonstrate that the LGS
has applicable operational procedures in place to safely load, process,
transfer and move the MPCs in accordance with the Technical
Specifications in Appendix A of the CoC and the HI-STORM FW UFSAR.
Additionally, Constellation provided specific information from the
LGS's 72.212 Evaluation Report, Revision 3, indicating that during the
design basis event of a non-mechanistic tip-over, the LGS's ISFSI would
meet the requirements in 10 CFR 72.104, ``Criteria for radioactive
materials in effluents and direct radiation from an ISFSI or MRS,'' and
72.106, ``Controlled area of an ISFSI or MRS.'' Specifically,
Constellation 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. Coupled with the distance
of the LGS ISFSI to the site area boundary, Constellation concluded
that compliance with 72.104 and 72.106 is not impacted by approving
this exemption request.
The NRC staff reviewed the information provided by Constellation
and concludes that issuance of the exemption would not endanger life or
property because the administrative controls Constellation has in place
at the LGS 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 are documented in the technical specifications and UFSAR for
the HI-STORM FW MPC Storage System CoC No. 1032, Amendment 1, Revision
No. 1, that is used at the LGS site. In addition, the staff confirmed
that the information provided by Constellation regarding the LGS's
72.212 Evaluation Report, Revision 3, 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 LGS 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 42907]]
property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
The proposed exemption would allow the three already loaded MPC-89-
CBS in the HI-STORM FW MPC Storage System to remain in storage at the
LGS ISFSI and allow Constellation to load five MPC-89-CBS in the HI-
STORM FW MPC Storage System beginning in August 2024 at the LGS ISFSI,
even though the CBS variant basket design is not part of the approved
CoC No. 1032, Amendment No. 1, Revision No. 1. According to
Constellation, the exemption is in the public interest because
unloading fuel from already loaded canisters and not being able to load
fuel into dry storage in future loading campaigns would impact
Constellation's ability to offload fuel from the LGS reactor units,
consequently impacting continued safe reactor operation. The reflooding
of the MPCs, removal of fuel assemblies, and replacement into a
different MPC would result in additional doses and handling operations
with no added safety benefit. In addition, future loading campaigns
would need to be delayed until older design canisters can be fabricated
and delivered to the site.
Constellation stated that to unload already loaded MPC-89-CBS or
delay the future loading campaigns would impact the ability to
effectively manage the margin to full core discharge capacity in the
LGS Units 1 and 2 spent fuel pools. The low spent fuel pool capacity
would make it difficult to refuel and present potential risks to fuel
handling operations during pre- and post-outage. In addition, a crowded
spent fuel pool would challenge the decay heat removal demand of the
pool and increase the likelihood of a loss of fuel pool cooling event
and a fuel handling accident. Furthermore, the LGS planned the cask
loading campaigns years in advance based on availability of the
specialized workforce and equipment that is shared throughout the
Constellation fleet. These specialty resources support competing
priorities including refueling outages, loading campaigns, fuel pool
cleanouts, fuel inspections, fuel handing equipment upgrade and
maintenance, fuel sipping, new fuel receipt, and crane maintenance and
upgrades. Any delays would have a cascading impact on other scheduled
specialized activities.
For the reasons described by Constellation in the 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, Constellation would have to unload MPC-89-CBS from the HI-STORM FW
MPC Storage System at the LGS ISFSI and reload into the older design
MPC-89 to restore compliance with terms, conditions, and specifications
of the CoC. This would subject onsite personnel to additional radiation
exposure, increase the risk of a possible fuel handling accident, and
increase the risk of a possible heavy load handling accident.
Furthermore, the removed spent fuel would need to be placed in the
spent fuel pool until it can be loaded into another storage cask or
remain in the spent fuel pool if it is not permitted to be loaded into
casks for future loading campaigns. As described by Constellation, this
scenario would affect Constellation's ability to effectively manage the
spent pool capacity and reactor fuel offloading at the LGS. In
addition, the rescheduling of the specialized resources for the future
loading campaigns would impact the operations of the LGS and other
Constellation sites.
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 38921).
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
Constellation 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 ongoing storage of three MPC-89-CBS in the HI-STORM
FW MPC Storage System and a future loading in the HI-STORM FW MPC
Storage System of five new 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 Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-10778 Filed 5-15-24; 8:45 am]
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