Independent Spent Fuel Storage Installation, Virginia Electric and Power Company: North Anna Power Station Units 1 and 2, 20438-20440 [2012-8114]

Download as PDF emcdonald on DSK29S0YB1PROD with NOTICES 20438 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices the level of detail in which supporting data must be submitted for NRC review. The review of this information ensures that all payments made by NRC for valid and reasonable costs are in accordance with the contract terms and conditions. Submit, by June 4, 2012, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly available documents, including the draft supporting statement, at the NRC’s Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. OMB clearance requests are available at the NRC’s Web site: https://www.nrc.gov/ public-involve/doc-comment/omb/ index.html. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC–2012–0027. You may submit your comments by any of the following methods: Electronic comments: Go to https:// www.regulations.gov and search for Docket No. NRC–2012–0027. Mail comments to NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 6258; email: INFOCOLLECTS.Resource@NRC.GOV. Dated at Rockville, Maryland, this 29th day of March, 2012. VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2012–8034 Filed 4–3–12; 8:45 am] BILLING CODE 7590–01–P II. Environmental Assessment (EA) NUCLEAR REGULATORY COMMISSION [Docket Nos. 72–1030, 72–56; 50–338 and 50–339: NRC–2012–0084] Independent Spent Fuel Storage Installation, Virginia Electric and Power Company: North Anna Power Station Units 1 and 2 Nuclear Regulatory Commission. ACTION: Issuance of an environmental assessment and finding of no significant impact. AGENCY: FOR FURTHER INFORMATION CONTACT: Jennie Rankin, Project Manager, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 492–3268; Fax number: (301) 492– 3342; email: jennivine.rankin@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission (NRC or Commission) is considering issuance of a one-time exemption to Virginia Electric and Power Company (Dominion or licensee) pursuant to 10 CFR 72.7 from the requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) which requires compliance with the terms, conditions, and specifications of the CoC. Dominion submitted its exemption request by letter dated July 21, 2011, as supplemented September 28, 2011. Dominion has loaded spent nuclear fuel into Transnuclear, Inc. (TN) NUHOMS® HD Storage System (HD–32PTH) dry storage casks, under the Certificate of Compliance (CoC or Certificate) No. 1030, Amendment No. 0. The licensee inadvertently reversed the upper and lower zones while preparing the dry shielded canister (DSC) loading maps. This resulted in twelve fuel assemblies being loaded into seven DSCs with decay heat greater than the levels specified in the CoC. Dominion requests a one-time exemption to the 10 CFR part 72 requirements to continue storage of the affected DSCs with serial numbers DOM–32PTH–004–C, –005–C, –007–C, –010–C, –013–C, –019–C and GBC– 32PTH–011–C in their current condition at the Independent Spent Fuel Storage PO 00000 Frm 00086 Fmt 4703 Installation (ISFSI) associated with the operation of Dominion’s nuclear power reactors, North Anna Power Station Units 1 and 2, located in Louisa County, Virginia. Sfmt 4703 Identification of Proposed Action: The CoC is the NRC approved design for each dry storage cask system. The proposed action would grant Dominion a one-time exemption from the requirements of 10 CFR 72.212(b)(3) and from the portion of 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, to the extent necessary to enable Dominion to continue storage of the seven DSCs in their current condition at the ISFSI associated with North Anna Power Station Units 1 and 2. These regulations specifically require storage of spent nuclear fuel under a general license in dry storage casks approved under the provisions of 10 CFR part 72, and compliance with the terms and conditions set forth in the CoC for each dry spent fuel storage cask used by an ISFSI general licensee. The TN NUHOMS® HD dry cask storage system CoC provides requirements, conditions and operating limits in Attachment A, Technical Specifications (TS). The TS restrict the decay heat in lower Zone ‘‘1a’’ locations to ≤ 1.05 kW and the upper Zone ‘‘1b’’ locations to ≤ 0.8 kW. The applicant inadvertently reversed the upper and lower zones while preparing the DSC loading maps. This resulted in twelve fuel assemblies being loaded into seven DSCs (serial numbers DOM–32PTH– 004–C, –005–C, –007–C, –010–C, –013– C, –019–C and GBC–32PTH–011–C) with decay heat greater than specified in the CoC. The maximum decay heat of the misloaded fuel assemblies at the time of loading was 0.859 kW, which exceeded the Zone ‘‘1b’’ limit mentioned above by 59 watts. Currently, the twelve affected fuel assemblies have been in storage for a minimum of 1.3 years and have decayed to meet the required decay heat limits of the CoC. The proposed action would grant Dominion a one-time exemption from the requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) which requires compliance with the terms, conditions, and specifications of a CoC, in order to allow continued storage of the seven affected DSCs in their current condition. This exemption approval is only valid for DSCs with serial numbers DOM–32PTH–004–C, –005–C, –007–C, –010–C, –013–C, –019–C and GBC– 32PTH–011–C, at the North Anna Power Station ISFSI. E:\FR\FM\04APN1.SGM 04APN1 emcdonald on DSK29S0YB1PROD with NOTICES Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices Need for the Proposed Action: Dominion requested this exemption in order to continue storage of seven asloaded DSCs containing twelve fuel assemblies which exceeded the CoC decay heat limits at the time of loading. Dominion, with the assistance of TN, has provided an evaluation and thermal analysis which shows that the affected DSCs remain bounded by the system’s design basis limits and that the continued storage of the fuel in the asloaded configuration is safe. Dominion has considered an alternative to the proposed action, which would correct the condition by reloading the affected DSCs to be in compliance with CoC No. 1030. This would involve retrieving each of the DSCs from their Horizontal Storage Modules (HSM), unloading the spent fuel assemblies from the DSC, performing inspections of various DSC components, reloading the spent fuel assemblies into the used DSC or a new DSC (if there was damage noted on the used DSC) in accordance with CoC No. 1030, performing the DSC closing procedures, and transferring the DSC back to the ISFSI for re-insertion into the HSM. Dominion estimates this alternative action of loading and unloading operations would increase personnel exposures by 250 mRem per affected DSC. In addition, Dominion states the alternative to the proposed action would generate radioactive contaminated material and waste during loading and unloading operations and disposal of the used DSCs if the DSCs were damaged during the unloading process. The licensee estimates the alternative to the proposed action would cost an estimated $300,000 for unloading and reloading operations of each affected DSC and also necessitate additional fuel handling operations. If the DSC was damaged during unloading, the licensee estimates an additional $1,000,000 for purchase of a new DSC and $200,000 for disposal of the used DSC. The proposed action is necessary to document the acceptability and safety basis for storage of the DSCs in the asloaded configuration, thus precluding the need to unload the seven DSCs. Environmental Impacts of the Proposed Action: The NRC staff has determined that the proposed action would not endanger life or property. The potential impact of using the NUHOMS® HD dry cask storage system was initially presented in the Environmental Assessment (EA) for the rulemaking to add the TN NUHOMS® HD Horizontal Modular Storage System for Irradiated Nuclear Fuel to the list of approved spent fuel storage casks in 10 VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 CFR 72.214 (71 FR 25740, dated May 2, 2006 (Direct Final Rule), and 71 FR 71463, dated December 11, 2006 (Final Rule)). The licensee submitted TN Calculation No. 10494–174, which performed bounding thermal analysis using ANSYS finite element software to evaluate the misloading events. The licensee concluded the maximum fuel cladding temperature for the as loaded DSCs remained below the fuel cladding temperature limit used in the Updated Safety Analysis Report dated October 2, 2009. The NRC staff performed an independent safety evaluation of the proposed exemption and determined that loading of the spent nuclear fuel with higher than allowable decay heat loads did not exceed the structural and shielding design basis and that the fuel cladding temperatures are below the temperature limit at the time of loading. The fuel assemblies have since decayed to meet the CoC limits. There are no changes being made in the types or amounts of any radiological effluents that may be released offsite, and there is no significant increase in occupational or public radiation exposure as a result of the proposed activities. Therefore, there are no significant radiological environmental impacts associated with the proposed action. The proposed action only affects the requirements associated with the fuel assemblies already loaded into the casks and does not affect nonradiological plant effluents, or any other aspects of the environment. Therefore, there are no significant non-radiological impacts associated with the proposed action. Accordingly, the Commission concludes that there are no significant environmental impacts associated with the proposed action. Alternative to the Proposed Action: Because there is no significant environmental impact associated with the proposed action, alternatives with equal or greater environmental impact were not evaluated. As an alternative to the proposed action, the NRC staff considered denial of the proposed action which would involve reloading the affected DSCs as described previously. Denial of the exemption would result in an increase in radiological exposure to workers, a small potential for radioactive releases to the environment due to radioactive material handling, additional opportunities for accidents, and increased cost to the licensee. Therefore, the NRC staff has determined that approving the proposed action has a lesser environmental impact than denying the proposed action. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 20439 Agencies and Persons Consulted: The environmental assessment associated with this exemption request was sent to Ms. Ellie Irons of the Virginia Department of Environmental Quality in the Office of Environmental Impact Review, by letter dated November 14, 2011 (ML113180477). The state response was received by a letter dated December 14, 2011 (ML120030312). The letter states that the proposed action is unlikely to have significant effects on ambient air quality, historic resources, surface waters, and wetlands. The letter also states that it is unlikely to adversely affect species of plants or insects listed by state agencies as rare, threatened, or endangered. Furthermore, the Virginia Department of Health considered the alternative to the proposed action of reloading the casks presents several risks, namely additional radiation exposure to workers and potential accidents that may lead to dispersal of radiation to the environment. Thus, the Virginia Department of Health states that it supports the exemption without reservation. The NRC staff has determined that a consultation under Section 7 of the Endangered Species Act is not required because the proposed action will not affect listed species or a critical habitat. The NRC staff has also determined that the proposed action is not a type of activity having the potential to cause effects on historic properties. Therefore, no consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR Part 51. Based upon the foregoing Environmental Assessment, the Commission finds that the proposed action of granting the one-time exemption from the requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) which requires compliance with the terms, conditions, and specifications of the CoC in order to allow Dominion to store spent fuel assemblies in DSCs with serial numbers DOM–32PTH–004–C, –005–C, –007–C, –010–C, –013–C, –019–C and GBC– 32PTH–011–C in the as-loaded configuration at the ISFSI associated with North Anna Power Station Units 1 and 2, will not significantly impact the quality of the human environment. Accordingly, the Commission has determined that an environmental impact statement for the proposed exemption is not warranted and that a finding of no significant impact is appropriate. E:\FR\FM\04APN1.SGM 04APN1 20440 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices IV. Further Information In accordance with 10 CFR 2.390 of NRC’s ‘‘Rules of Practice,’’ final NRC records and documents regarding this proposed action are publicly available in the records component of NRC’s Agencywide Documents Access and Management System (ADAMS). The request for exemption dated July 21, 2011 (ML11208C453), as supplemented September 28, 2011 (ML11286A143), was docketed under 10 CFR 50, Docket Nos. 50–338 and 50–339, and under 10 CFR 72, Docket No. 72–56. These documents may be inspected at NRC’s Public Electronic Reading Room at https://www.nrc.gov/reading-rm/ adams.html. These documents may also be viewed electronically on the public computers located at the NRC’s Public Document Room (PDR), O1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, or (301) 415–4737, or by email to pdr@nrc.gov. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 26th day of March, 2012. Jennie Rankin, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2012–8114 Filed 4–3–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 72–1030, 72–55, 50–280 and 50–281; NRC–2012–0085] Independent Spent Fuel Storage Installation, Virginia Electric and Power Company, Surry Power Station Units 1 and 2 Nuclear Regulatory Commission. ACTION: Issuance of an environmental assessment and finding of no significant impact. AGENCY: emcdonald on DSK29S0YB1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Jennie Rankin, Project Manager, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 492–3268; Fax number: (301) 492– 3342; email: jennivine.rankin@nrc.gov. VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission (NRC or Commission) is considering issuance of a one-time exemption to Virginia Electric and Power Company (Dominion or licensee) pursuant to 10 CFR 72.7 from the requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) which requires compliance with the terms, conditions, and specifications of the CoC. Dominion submitted its exemption request by letter dated July 21, 2011, as supplemented September 28, 2011. Dominion has loaded spent nuclear fuel into Transnuclear, Inc. (TN) NUHOMS® HD Storage System (HD–32PTH) dry storage casks, under the Certificate of Compliance (CoC or Certificate) No. 1030, Amendment No. 0. The licensee inadvertently reversed the upper and lower zones while preparing the dry shielded canister (DSC) loading maps. This resulted in five fuel assemblies being loaded into four DSCs with decay heat greater than the levels specified in the CoC. Dominion requests a one-time exemption to the 10 CFR Part 72 requirements to continue storage of the affected DSCs with serial numbers DOM–32PTH–001–C, –002–C, –003–C, and –009–C in their current condition at the Independent Spent Fuel Storage Installation (ISFSI) associated with the operation of Dominion’s nuclear power reactors, Surry Power Station Units 1 and 2, located in Surry County, Virginia. II. Environmental Assessment (EA) Identification of Proposed Action: The CoC is the NRC approved design for each dry storage cask system. The proposed action would grant Dominion a one-time exemption from the requirements of 10 CFR 72.212(b)(3) and from the portion of 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, to the extent necessary to enable Dominion to continue storage of the four DSCs in their current condition at the ISFSI associated with Surry Power Station Units 1 and 2. These regulations specifically require storage of spent nuclear fuel under a general license in dry storage casks approved under the provisions of 10 CFR part 72, and compliance with the terms and conditions set forth in the CoC for each dry spent fuel storage cask used by an ISFSI general licensee. The TN NUHOMS® HD dry cask storage system CoC provides requirements, conditions and operating limits in Attachment A, Technical Specifications (TS). The TS restrict the decay heat in lower Zone ‘‘1a’’ locations PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 to ≤ 1.05 kW and the upper Zone ‘‘1b’’ locations to ≤ 0.8 kW. The applicant inadvertently reversed the upper and lower zones while preparing the DSC loading maps. This resulted in five fuel assemblies being loaded into four DSCs (serial numbers DOM–32PTH–001–C, –002–C, –003–C, and –009–C) with decay heat greater than specified in the CoC. The maximum decay heat of the misloaded fuel assemblies at the time of loading was 0.806 kW, which exceeded the Zone ‘‘1b’’ limit mentioned above by six watts. Currently, the five affected fuel assemblies have been in storage for a minimum of 2.5 years and have decayed to meet the required decay heat limits of the CoC. The proposed action would grant Dominion a one-time exemption from the requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) which requires compliance with the terms, conditions, and specifications of a CoC, in order to allow continued storage of the four affected DSCs in their current condition. This exemption approval is only valid for DSCs with serial numbers DOM–32PTH–001–C, –002–C, –003–C, and –009–C, at the Surry Power Station ISFSI. Need for the Proposed Action: Dominion requested this exemption in order to continue storage of four asloaded DSCs containing five fuel assemblies which exceeded the CoC decay heat limits at the time of loading. Dominion, with the assistance of TN, has provided an evaluation and thermal analysis which shows that the affected DSCs remain bounded by the system’s design basis limits and that the continued storage of the fuel in the asloaded configuration is safe. Dominion has considered an alternative to the proposed action, which would correct the condition by reloading the affected DSCs to be in compliance with CoC No. 1030. This would involve retrieving each of the DSCs from their Horizontal Storage Modules (HSM), unloading the spent fuel assemblies from the DSC, performing inspections of various DSC components, reloading the spent fuel assemblies into the used DSC or a new DSC (if there was damage noted on the used DSC) in accordance with CoC No. 1030, performing the DSC closing procedures, and transferring the DSC back to the ISFSI for re-insertion into the HSM. Dominion estimates this alternative action of loading and unloading operations would increase personnel exposures by 250 mRem per affected DSC. In addition, Dominion states the alternative to the proposed action would generate radioactive contaminated E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20438-20440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8114]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1030, 72-56; 50-338 and 50-339: NRC-2012-0084]


Independent Spent Fuel Storage Installation, Virginia Electric 
and Power Company: North Anna Power Station Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of an environmental assessment and finding of no 
significant impact.

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FOR FURTHER INFORMATION CONTACT: Jennie Rankin, Project Manager, 
Division of Spent Fuel Storage and Transportation, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: (301) 492-3268; Fax number: (301) 492-
3342; email: jennivine.rankin@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC or Commission) is 
considering issuance of a one-time exemption to Virginia Electric and 
Power Company (Dominion or licensee) pursuant to 10 CFR 72.7 from the 
requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) 
which requires compliance with the terms, conditions, and 
specifications of the CoC. Dominion submitted its exemption request by 
letter dated July 21, 2011, as supplemented September 28, 2011. 
Dominion has loaded spent nuclear fuel into Transnuclear, Inc. (TN) 
NUHOMS[supreg] HD Storage System (HD-32PTH) dry storage casks, under 
the Certificate of Compliance (CoC or Certificate) No. 1030, Amendment 
No. 0. The licensee inadvertently reversed the upper and lower zones 
while preparing the dry shielded canister (DSC) loading maps. This 
resulted in twelve fuel assemblies being loaded into seven DSCs with 
decay heat greater than the levels specified in the CoC. Dominion 
requests a one-time exemption to the 10 CFR part 72 requirements to 
continue storage of the affected DSCs with serial numbers DOM-32PTH-
004-C, -005-C, -007-C, -010-C, -013-C, -019-C and GBC-32PTH-011-C in 
their current condition at the Independent Spent Fuel Storage 
Installation (ISFSI) associated with the operation of Dominion's 
nuclear power reactors, North Anna Power Station Units 1 and 2, located 
in Louisa County, Virginia.

II. Environmental Assessment (EA)

    Identification of Proposed Action: The CoC is the NRC approved 
design for each dry storage cask system. The proposed action would 
grant Dominion a one-time exemption from the requirements of 10 CFR 
72.212(b)(3) and from the portion of 72.212(b)(11) that states the 
licensee shall comply with the terms, conditions, and specifications of 
the CoC, to the extent necessary to enable Dominion to continue storage 
of the seven DSCs in their current condition at the ISFSI associated 
with North Anna Power Station Units 1 and 2. These regulations 
specifically require storage of spent nuclear fuel under a general 
license in dry storage casks approved under the provisions of 10 CFR 
part 72, and compliance with the terms and conditions set forth in the 
CoC for each dry spent fuel storage cask used by an ISFSI general 
licensee.
    The TN NUHOMS[supreg] HD dry cask storage system CoC provides 
requirements, conditions and operating limits in Attachment A, 
Technical Specifications (TS). The TS restrict the decay heat in lower 
Zone ``1a'' locations to <= 1.05 kW and the upper Zone ``1b'' locations 
to <= 0.8 kW. The applicant inadvertently reversed the upper and lower 
zones while preparing the DSC loading maps. This resulted in twelve 
fuel assemblies being loaded into seven DSCs (serial numbers DOM-32PTH-
004-C, -005-C, -007-C, -010-C, -013-C, -019-C and GBC-32PTH-011-C) with 
decay heat greater than specified in the CoC. The maximum decay heat of 
the misloaded fuel assemblies at the time of loading was 0.859 kW, 
which exceeded the Zone ``1b'' limit mentioned above by 59 watts. 
Currently, the twelve affected fuel assemblies have been in storage for 
a minimum of 1.3 years and have decayed to meet the required decay heat 
limits of the CoC.
    The proposed action would grant Dominion a one-time exemption from 
the requirements of 10 CFR 72.212(b)(3) and the portion of 
72.212(b)(11) which requires compliance with the terms, conditions, and 
specifications of a CoC, in order to allow continued storage of the 
seven affected DSCs in their current condition. This exemption approval 
is only valid for DSCs with serial numbers DOM-32PTH-004-C, -005-C, -
007-C, -010-C, -013-C, -019-C and GBC-32PTH-011-C, at the North Anna 
Power Station ISFSI.

[[Page 20439]]

    Need for the Proposed Action: Dominion requested this exemption in 
order to continue storage of seven as-loaded DSCs containing twelve 
fuel assemblies which exceeded the CoC decay heat limits at the time of 
loading. Dominion, with the assistance of TN, has provided an 
evaluation and thermal analysis which shows that the affected DSCs 
remain bounded by the system's design basis limits and that the 
continued storage of the fuel in the as-loaded configuration is safe.
    Dominion has considered an alternative to the proposed action, 
which would correct the condition by reloading the affected DSCs to be 
in compliance with CoC No. 1030. This would involve retrieving each of 
the DSCs from their Horizontal Storage Modules (HSM), unloading the 
spent fuel assemblies from the DSC, performing inspections of various 
DSC components, reloading the spent fuel assemblies into the used DSC 
or a new DSC (if there was damage noted on the used DSC) in accordance 
with CoC No. 1030, performing the DSC closing procedures, and 
transferring the DSC back to the ISFSI for re-insertion into the HSM.
    Dominion estimates this alternative action of loading and unloading 
operations would increase personnel exposures by 250 mRem per affected 
DSC. In addition, Dominion states the alternative to the proposed 
action would generate radioactive contaminated material and waste 
during loading and unloading operations and disposal of the used DSCs 
if the DSCs were damaged during the unloading process. The licensee 
estimates the alternative to the proposed action would cost an 
estimated $300,000 for unloading and reloading operations of each 
affected DSC and also necessitate additional fuel handling operations. 
If the DSC was damaged during unloading, the licensee estimates an 
additional $1,000,000 for purchase of a new DSC and $200,000 for 
disposal of the used DSC.
    The proposed action is necessary to document the acceptability and 
safety basis for storage of the DSCs in the as-loaded configuration, 
thus precluding the need to unload the seven DSCs.
    Environmental Impacts of the Proposed Action: The NRC staff has 
determined that the proposed action would not endanger life or 
property. The potential impact of using the NUHOMS[supreg] HD dry cask 
storage system was initially presented in the Environmental Assessment 
(EA) for the rulemaking to add the TN NUHOMS[supreg] HD Horizontal 
Modular Storage System for Irradiated Nuclear Fuel to the list of 
approved spent fuel storage casks in 10 CFR 72.214 (71 FR 25740, dated 
May 2, 2006 (Direct Final Rule), and 71 FR 71463, dated December 11, 
2006 (Final Rule)).
    The licensee submitted TN Calculation No. 10494-174, which 
performed bounding thermal analysis using ANSYS finite element software 
to evaluate the misloading events. The licensee concluded the maximum 
fuel cladding temperature for the as loaded DSCs remained below the 
fuel cladding temperature limit used in the Updated Safety Analysis 
Report dated October 2, 2009. The NRC staff performed an independent 
safety evaluation of the proposed exemption and determined that loading 
of the spent nuclear fuel with higher than allowable decay heat loads 
did not exceed the structural and shielding design basis and that the 
fuel cladding temperatures are below the temperature limit at the time 
of loading. The fuel assemblies have since decayed to meet the CoC 
limits. There are no changes being made in the types or amounts of any 
radiological effluents that may be released offsite, and there is no 
significant increase in occupational or public radiation exposure as a 
result of the proposed activities. Therefore, there are no significant 
radiological environmental impacts associated with the proposed action. 
The proposed action only affects the requirements associated with the 
fuel assemblies already loaded into the casks and does not affect non-
radiological plant effluents, or any other aspects of the environment. 
Therefore, there are no significant non-radiological impacts associated 
with the proposed action.
    Accordingly, the Commission concludes that there are no significant 
environmental impacts associated with the proposed action.
    Alternative to the Proposed Action: Because there is no significant 
environmental impact associated with the proposed action, alternatives 
with equal or greater environmental impact were not evaluated. As an 
alternative to the proposed action, the NRC staff considered denial of 
the proposed action which would involve reloading the affected DSCs as 
described previously. Denial of the exemption would result in an 
increase in radiological exposure to workers, a small potential for 
radioactive releases to the environment due to radioactive material 
handling, additional opportunities for accidents, and increased cost to 
the licensee. Therefore, the NRC staff has determined that approving 
the proposed action has a lesser environmental impact than denying the 
proposed action.
    Agencies and Persons Consulted: The environmental assessment 
associated with this exemption request was sent to Ms. Ellie Irons of 
the Virginia Department of Environmental Quality in the Office of 
Environmental Impact Review, by letter dated November 14, 2011 
(ML113180477). The state response was received by a letter dated 
December 14, 2011 (ML120030312). The letter states that the proposed 
action is unlikely to have significant effects on ambient air quality, 
historic resources, surface waters, and wetlands. The letter also 
states that it is unlikely to adversely affect species of plants or 
insects listed by state agencies as rare, threatened, or endangered. 
Furthermore, the Virginia Department of Health considered the 
alternative to the proposed action of reloading the casks presents 
several risks, namely additional radiation exposure to workers and 
potential accidents that may lead to dispersal of radiation to the 
environment. Thus, the Virginia Department of Health states that it 
supports the exemption without reservation. The NRC staff has 
determined that a consultation under Section 7 of the Endangered 
Species Act is not required because the proposed action will not affect 
listed species or a critical habitat. The NRC staff has also determined 
that the proposed action is not a type of activity having the potential 
to cause effects on historic properties. Therefore, no consultation is 
required under Section 106 of the National Historic Preservation Act.

III. Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR Part 51. Based 
upon the foregoing Environmental Assessment, the Commission finds that 
the proposed action of granting the one-time exemption from the 
requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) 
which requires compliance with the terms, conditions, and 
specifications of the CoC in order to allow Dominion to store spent 
fuel assemblies in DSCs with serial numbers DOM-32PTH-004-C, -005-C, -
007-C, -010-C, -013-C, -019-C and GBC-32PTH-011-C in the as-loaded 
configuration at the ISFSI associated with North Anna Power Station 
Units 1 and 2, will not significantly impact the quality of the human 
environment. Accordingly, the Commission has determined that an 
environmental impact statement for the proposed exemption is not 
warranted and that a finding of no significant impact is appropriate.

[[Page 20440]]

IV. Further Information

    In accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,'' 
final NRC records and documents regarding this proposed action are 
publicly available in the records component of NRC's Agencywide 
Documents Access and Management System (ADAMS). The request for 
exemption dated July 21, 2011 (ML11208C453), as supplemented September 
28, 2011 (ML11286A143), was docketed under 10 CFR 50, Docket Nos. 50-
338 and 50-339, and under 10 CFR 72, Docket No. 72-56. These documents 
may be inspected at NRC's Public Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. These documents may also be viewed 
electronically on the public computers located at the NRC's Public 
Document Room (PDR), O1F21, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852. The PDR reproduction contractor will copy 
documents for a fee. Persons who do not have access to ADAMS, or who 
encounter problems in accessing the documents located in ADAMS, should 
contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 
(301) 415-4737, or by email to pdr@nrc.gov.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 26th day of March, 2012.
Jennie Rankin,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-8114 Filed 4-3-12; 8:45 am]
BILLING CODE 7590-01-P
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