ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 Independent Spent Fuel Storage Installation, 53347-53350 [2015-21794]

Download as PDF Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices continue at current levels, and would be well below regulatory limits. Based on this information and the analysis of human health and environmental impacts presented in this environmental assessment, the proposed license renewal would not have disproportionately high and adverse human health and environmental effects on minority and low-income populations residing in the vicinity of the NSC. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to license renewal, the NRC considered denying the proposed action. If the NRC denied the request for license renewal, reactor operations at the NSC would cease and decommissioning would be required. The NRC notes that, even with a renewed license, the NSC will eventually require decommissioning, at which time the environmental effects of decommissioning would occur. Decommissioning would be conducted in accordance with an NRC-approved decommissioning plan which would require a separate environmental review under § 51.21, ‘‘Criteria for and identification of licensing and regulatory actions requiring environmental assessments.’’ Cessation of reactor operations at the NSC would reduce or eliminate radioactive effluents and emissions. However, as previously discussed in this environmental assessment, radioactive effluents resulting from reactor operations are only a small fraction of the applicable regulatory limits. Therefore, the environmental impacts of renewing the license and the denial of the request for license renewal would be similar. In addition, denying the request for license renewal would eliminate the benefits of teaching, research, and services provided by the NSCR. Alternative Use of Resources The proposed action does not involve the use of any different resources or significant quantities of resources beyond those previously considered in the issuance of License Amendment No. 9 to Facility Operating License No. R– 83 for the NSC dated March 30, 1983, which renewed the Facility Operating License No. R–83 for an additional period of 20 years. Agencies and Persons Consulted In accordance with the agency’s stated policy, on June 11, 2010, the NRC staff consulted with the Texas State Liaison Officer regarding the environmental Document tkelley on DSK3SPTVN1PROD with NOTICES ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS ADAMS Dated at Rockville, Maryland, this 24th day of August, 2015. For the Nuclear Regulatory Commission Alexander Adams, Jr., Chief, Research and Test Reactors Licensing Branch. Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2015–21820 Filed 9–2–15; 8:45 am] BILLING CODE 7590–01–P Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession Accession III. Finding of No Significant Impact The NRC staff has prepared this EA as part of its review of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. On the basis of the environmental assessment included in Section II of this document, the NRC concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the NRC has determined that a finding of no significant impact is appropriate. IV. Availability of Documents This finding and related environmental documents are available to interested persons through ADAMS via the following ADAMS accession numbers: No. ML102920025. No. ML092530306. No. ML102150544. No. ML102510154. No. ML102650318. No. ML103470278. No. ML111950372. No. ML111950376. Nos. ML113410067 and ML11327A083. No. ML120260016. No. ML12110A116. No. ML12321A321. No. ML13037A307. No. ML14038A106. No. ML14076A112. No. ML15009A297. No ML15065A068. No ML15160A023. No. ML15187A256. No. ML15182A449. [Docket Nos. 50–295, 50–304, and 72–1037; NRC–2015–0190] ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 Independent Spent Fuel Storage Installation Nuclear Regulatory Commission. Jkt 235001 ACTION: NUCLEAR REGULATORY COMMISSION AGENCY: 14:42 Sep 02, 2015 impact of the proposed action. The consultation involved a thorough explanation of the environmental review, the details of this environmental assessment, and the NRC’s findings. The State official stated the he understood the NRC review and had no comments regarding the proposed action. ADAMS Accession No./Web link/Federal Register Citation February 27, 2003 ................................ July 22, 2009 ........................................ July 28, 2010 ........................................ August 30, 2010 ................................... August 31, 2010 ................................... December 9, 2010 ................................ May 27, 2011 ....................................... June 9, 2011 ........................................ November 21, 2011 .............................. January 12, 2012 ................................. April 11, 2012 ....................................... November 14, 2012 .............................. January 31, 2013 ................................. February 3, 2013 .................................. February 11, 2013 ................................ November 13, 2014 .............................. March 2, 2015 ...................................... June 5, 2015 ........................................ June 11, 2015 ...................................... June 30, 2015 ...................................... VerDate Sep<11>2014 53347 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 Exemption; issuance. The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a request submitted by ZionSolutions on August 25, 2014, to its general license to operate an independent spent fuel storage installation (ISFSI) at the Zion Nuclear Power Station (ZNPS). The exemption permits ZionSolutions to deviate from the requirements in Certificate of SUMMARY: E:\FR\FM\03SEN1.SGM 03SEN1 53348 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices Compliance No. 1031, Amendment No. 3, Appendix A, Technical Specifications and Design Features for the Modular Advanced Generation Nuclear Allpurpose STORage (MAGNASTOR®) System, Section 5.7, Training Program. ZionSolutions is currently loading MAGNASTOR® storage casks and maintains that relief from certain training requirements will reduce costs associated with applying a more complex and labor intensive training process than required by regulation. Notice of issuance of exemption given on September 3, 2015. DATES: Please refer to Docket ID NRC–2015–0190 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0190. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. 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 publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then 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, 301–415–4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the ‘‘Availability of Documents’’ section of this document. Some documents referenced are located in the NRC’s ADAMS Legacy Library. To obtain these documents, contact the NRC’s PDR for assistance. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. tkelley on DSK3SPTVN1PROD with NOTICES ADDRESSES: John Vera, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555– 0001; telephone: 301–415–5790; email: John.Vera@nrc.gov. FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 14:42 Sep 02, 2015 Jkt 235001 I. Background In February 1998, ZNPS, Units 1 and 2, were permanently shut down. On February 13, 1998, Commonwealth Edison Company, the ZNPS licensee at that time, submitted a letter certifying the permanent cessation of operations at ZNPS, Units 1 and 2. On March 9, 1998, Commonwealth Edison Company submitted a letter certifying the permanent removal of fuel from the reactor vessels at ZNPS. On May 4, 2009, the NRC issued the order to transfer the ownership of the permanently shut down ZNPS facility and responsibility for its decommissioning to ZionSolutions. This transfer was effectuated on September 1, 2010. ZionSolutions was established solely for the purpose of acquiring and decommissioning the ZNPS facility for release for unrestricted use, while transferring the spent nuclear fuel and Greater-Than-Class C radioactive waste to the ZNPS ISFSI. ZionSolutions holds Facility Operating License Nos. DPR–39 and DPR–48, which authorize possession of spent fuel from the operation of ZNPS, Units 1 and 2, in Zion, Illinois, 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 must comply with all applicable NRC requirements. 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 ISFSI at power reactor sites to persons authorized to possess or operate nuclear power reactors under 10 CFR part 50. ZionSolutions is currently authorized to store spent fuel at the ZNPS ISFSI under the 10 CFR part 72 general license provisions. The conditions of the 10 CFR part 72 general license, specifically 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11), require a general licensee to store spent fuel in an approved spent fuel storage cask listed in 10 CFR 72.214, and to comply with the conditions specified in the cask’s CoC. The ZNPS ISFSI is currently loading and storing spent fuel in MAGNASTOR® storage casks, approved by the NRC under CoC No. 1031, Amendment No. 3. The MAGNASTOR® system provides for the vertical dry storage of spent fuel assemblies in a welded transportable storage canister (TSC). The storage system components for the MAGNASTOR® system consist of a PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 vertical concrete cask (VCC), a TSC with an internal basket assembly that holds the spent fuel assemblies, and a transfer cask, which contains the TSC during loading, transfer, and unloading operations. The VCC is constructed of reinforced concrete designed to withstand all normal condition loads, as well as abnormal condition loads created by natural phenomena such as earthquakes and tornados. The storage system is also designed to withstand design-basis accident conditions. II. Request/Action By letter dated August 25, 2014, ZionSolutions submitted a request for exemptions from specific portions of the requirements of 10 CFR 72.212, ‘‘Conditions of general license issued under § 72.210,’’ specifically 10 CFR 72.212(a)(2), 72.212(b)(5), 72.212(b)(11), and 10 CFR 72.214, ‘‘List of approved spent fuel storage casks.’’ Specifically, ZionSolutions has requested an exemption from the requirements of Certificate of Compliance No. 1031, Amendment 3, Appendix A, Technical Specifications and Design Features for the MAGNASTOR® System, Section 5.7 ‘‘Training Program.’’ Section 5.7 in Appendix A requires the following: ‘‘A training program for the MAGNASTOR® system shall be developed under the general licensee’s systematic approach to training (SAT). Training modules shall include comprehensive instructions for the operation and maintenance of the MAGNASTOR® system and the independent spent fuel storage installation (ISFSI).’’ ZionSolutions has stated that the training program for the MAGNASTOR® system was developed using the SAT methods. The training modules included comprehensive instructions for the operation and maintenance of the MAGNASTOR® system. The exemption request applies only to developing a training program under SAT for operation and maintenance of ISFSI Structures, Systems and Components (SSCs), which are not important to safety as defined in 10 CFR 72.3. If granted, ZionSolutions will provide training/instructions for such SSCs in accordance with manufacturer’s instructions and ZionSolutions approved procedures, instead of developing such training and instructions using the SAT methods. The NRC has the authority under 10 CFR 72.7 to grant specific exemptions from 10 CFR part 72 requirements if it determines that the exemption is authorized by law and will not endanger life or property or the common defense and security and the exemption is otherwise in the public interest. For the E:\FR\FM\03SEN1.SGM 03SEN1 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices reasons described below, the NRC is granting an exemption to ZionSolutions. C. The Exemption Is Otherwise in the Public Interest III. Discussion Approval of this exemption request will only allow ZionSolutions to provide training that was not developed under a SAT program for non-safetyrelated ISFSI SSCs. The costs associated with these activities are paid from the decommissioning trust fund for ZNPS. Decommissioning trust funds are funds set aside during plant operation and do not belong to the utility but are retained in the public interest solely to pay for eventual decommissioning of the plant. ZNPS is currently in a decommissioning process. As such, there is a finite amount of funds which exists to complete decommissioning activities. With regard to the subject request, exemption from implementation of this training process relieves an economic burden. ZionSolutions stated in their exemption request that the exemption ‘‘is in the public interest in that it will reduce costs associated with applying a more complex and labor intensive training process than required by regulation with no commensurate safety benefit.’’ Furthermore, NRC staff finds the exemption in the public interest, because the resources saved from developing training activities under SAT can be utilized for other decommissioning activities including, for example, reducing the time to complete decommissioning and thus reducing risk of radiological effects to workers and the public and ameliorating an unexpected event, such as an accident. Pursuant to 10 CFR 72.7, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 72 when it determines that the exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest. A. Authorized by Law Under 10 CFR 72.7, the NRC may grant exemptions from the requirements of 10 CFR part 72 if 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. As explained below, the proposed exemption will not endanger life or property, or the common defense and security, and is otherwise in the public interest. The ISFSI regulations cited in this exemption request are 10 CFR 72.212(a)(2), 72.212(b)(5)(i), 72.212(b)(11), and 10 CFR 72.214, which, in general, provide that the licensee shall comply with the terms, conditions, and specifications of the CoC. The Commission has the legal authority to issue exemptions from the requirements of 10 CFR part 72 pursuant to 10 CFR 72.7. Issuance of this exemption is consistent with the Atomic Energy Act of 1954, as amended, and is not otherwise inconsistent with NRC regulations or other applicable laws. Therefore, issuance of the exemption is authorized by law. tkelley on DSK3SPTVN1PROD with NOTICES B. The Exemption Will Not Endanger Life or Property or the Common Defense and Security Approval of this exemption request will only allow ZionSolutions to provide training that has not been developed under a SAT program for non-safety related ISFSI SSCs. There are no changes to design or operations of the ISFSI, and no changes whatsoever to safety or security-related components. If granted, ZionSolutions will provide training/instructions for such SSCs in accordance with manufacturer’s instructions and ZionSolutions approved procedures, instead of developing such training and instructions using the SAT methods. Therefore, issuance of the exemption will not endanger life or property or the common defense and security. VerDate Sep<11>2014 14:42 Sep 02, 2015 Jkt 235001 D. Environmental Considerations In reviewing this exemption request, the staff also considered whether there would be any significant environmental impacts associated with the exemption. For this proposed action, the staff reviewed the categorical exclusion criteria in 10 CFR 51.22(c)(25). The regulations in 10 CFR 51.22(c)(25) provide a categorical exclusion for the granting of licensee exemption requests. In order for the 10 CFR 51.22(c)(25) categorical exclusions to apply, the proposed action must meet the criteria listed in 10 CFR 51.22(c)(25)(i)–(vi). An analysis of these provisions is provided below. i. 10 CFR 51.22(c)(25)(i)—There is no significant hazards consideration (NSHC). The elements of a NSHC are set forth in 10 CFR 50.92(c)(1)–(3). The proposed action involves NSHC if approval of the proposed action would not: (1) Involve a significant increase in the probability or consequences of an accident previously evaluated; (2) create the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 53349 possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As the requested exemption does not involve changes to the design or operation of the safety systems for the MAGNASTOR® system or ISFSI, the above elements are not affected; therefore, no significant hazards will result from issuance of this exemption. ii. 10 CFR 51.22(c)(25)(ii)—There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite. The proposed exemption, which applies only to developing a training program not under SAT for operation and maintenance of ISFSI SSCs that are not defined in 10 CFR 72.3 as important to safety, would not involve any changes to effluents. Therefore, there is no significant change in the types or increase in the amounts of effluents that may be released offsite. iii. 10 CFR 51.22(c)(25)(iii)—There is no significant increase in individual or cumulative public or occupational radiation exposure. The proposed exemption, which applies only to developing a training program not under SAT for operation and maintenance of ISFSI SSCs that are not defined in 10 CFR 72.3 as important to safety, would not involve any changes to public or occupational radiation exposures. Therefore, there is no significant increase in individual or cumulative public or occupational radiation exposure. iv. 10 CFR 51.22(c)(25)(iv)—There is no significant construction impact. The proposed exemption, which applies only to developing a training program not under SAT for operation and maintenance of ISFSI SSCs that are not defined in 10 CFR 72.3 as important to safety, would not involve any construction activities. Therefore, there is no significant construction impact. v. 10 CFR 51.22(c)(25)(v)—There is no significant increase in the potential for or consequences from radiological accidents. The proposed exemption, which applies only to developing a training program not under SAT for operation and maintenance of ISFSI SSCs that are not defined in 10 CFR 72.3 as important to safety, would not involve any changes to the design, safety limits, or safety analysis assumptions associated with the cask system and would not create any new accident precursors. Therefore, there is no significant increase in the potential for or consequences from radiological accidents. E:\FR\FM\03SEN1.SGM 03SEN1 53350 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices vi. 10 CFR 51.22(c)(25)(vi)—The requirements from which an exemption is sought involve: (A) Recordkeeping requirements; (B) Reporting requirements; (C) Inspection or surveillance requirements; (D) Equipment servicing or maintenance scheduling requirements; (E) Education, training, experience, qualification, requalification or other employment suitability requirements; (F) Safeguard plans, and materials control and accounting inventory scheduling requirements; (G) Scheduling requirements; (H) Surety, insurance or indemnity requirements; or (I) Other requirements of an administrative, managerial, or organizational nature. The proposed exemption applies only to developing a training program not under SAT for operation and maintenance of ISFSI SSCs that are not defined in 10 CFR 72.3 as important to safety. The requirements from which an exemption is sought involve only training, and the exemption is thus applicable for a categorical exclusion under 10 CFR 51.22(c)(25)(vi)(E). Based on the above considerations, the NRC staff concludes that the proposed exemption meets the eligibility criteria for categorical conclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment is required to be prepared in connection with the proposed issuance of the exemption. IV. Conclusions Based on the above considerations, the NRC has determined, pursuant to 10 CFR 72.7, that this 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 Commission hereby grants ZionSolutions an exemption from 10 CFR parts 72.212(a)(2), 72.212(b)(5)(i), 72.212(b)(11) and 72.214, which state that the licensee shall comply with the terms, conditions, and specifications of the CoC, only with regard to the requirements of Certificate of Compliance No. 1031, Amendment No. 3, Appendix A, Technical Specifications and Design Features for the MAGNASTOR® System, Section 5.7 ‘‘Training Program.’’ The exemption only exempts ZionSolutions from the requirement to develop training modules under the SAT that include comprehensive instructions for the operation and maintenance of the ISFSI SSCs that are not important to safety. The SAT training requirements are still applicable to all important to safety components, as required by the CoC. V. Availability of Documents The documents identified in the following table are publicly available to interested persons in ADAMS. For information on accessing ADAMS see the ADDRESSES section of this document. ADAMS Accession No. Document Commonwealth Edison Company letter certifying the permanent cessation of operations at ZNPS, Units 1 and 2 ..................... Commonwealth Edison Company letter certifying the permanent removal of fuel from the reactor vessels at ZNPS .................. NRC order and conforming amendments transferring ownership of ZNPS facility ......................................................................... Letter issuing conforming amendments relating to transfer of licenses for ZNPS .......................................................................... Zion exemption request .................................................................................................................................................................... The exemption is effective upon issuance. Dated at Rockville, Maryland, this 21st day of August, 2015. For the Nuclear Regulatory Commission. William C. Allen, Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015–21794 Filed 9–2–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 72–40, 50–269, 50–270 and 50– 287; NRC–2015–0191] tkelley on DSK3SPTVN1PROD with NOTICES Duke Energy Carolinas, LLC, Oconee Nuclear Station, Units 1, 2, and 3; Independent Spent Fuel Storage Installation Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is considering SUMMARY: VerDate Sep<11>2014 14:42 Sep 02, 2015 Jkt 235001 issuance of an exemption to Duke Energy Carolinas, LLC (Duke Energy or the applicant) related to the operation of Oconee Nuclear Station (Oconee) Independent Spent Fuel Storage Installation (ISFSI) (Docket No. 72–40). The request is for an exemption from the requirement to comply with Technical Specification 1.2.4a of Attachment A of Certificate of Compliance (CoC or Certificate) No. 1004, Amendment No. 9, for the Standardized NUHOMS® Horizontal Modular Storage System. DATES: The environmental assessment and finding of no significant impact are available as of September 3, 2015. ADDRESSES: Please refer to Docket ID NRC–2015–0191 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0191. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 ML15232A492 ML15232A487 ML090930037 ML102290437 ML14241A424 individuals listed in the FOR FURTHER 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 http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then 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, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: John Vera, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555– INFORMATION CONTACT E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53347-53350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21794]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295, 50-304, and 72-1037; NRC-2015-0190]


ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 
Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a request submitted by ZionSolutions on August 
25, 2014, to its general license to operate an independent spent fuel 
storage installation (ISFSI) at the Zion Nuclear Power Station (ZNPS). 
The exemption permits ZionSolutions to deviate from the requirements in 
Certificate of

[[Page 53348]]

Compliance No. 1031, Amendment No. 3, Appendix A, Technical 
Specifications and Design Features for the Modular Advanced Generation 
Nuclear All-purpose STORage (MAGNASTOR[supreg]) System, Section 5.7, 
Training Program. ZionSolutions is currently loading MAGNASTOR[supreg] 
storage casks and maintains that relief from certain training 
requirements will reduce costs associated with applying a more complex 
and labor intensive training process than required by regulation.

DATES: Notice of issuance of exemption given on September 3, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0190 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0190. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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, 301-415-4737, or by email to pdr.resource@nrc.gov. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document. Some documents referenced are located in the NRC's ADAMS 
Legacy Library. To obtain these documents, contact the NRC's PDR for 
assistance.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John Vera, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington 
DC 20555-0001; telephone: 301-415-5790; email: John.Vera@nrc.gov.

I. Background

    In February 1998, ZNPS, Units 1 and 2, were permanently shut down. 
On February 13, 1998, Commonwealth Edison Company, the ZNPS licensee at 
that time, submitted a letter certifying the permanent cessation of 
operations at ZNPS, Units 1 and 2. On March 9, 1998, Commonwealth 
Edison Company submitted a letter certifying the permanent removal of 
fuel from the reactor vessels at ZNPS. On May 4, 2009, the NRC issued 
the order to transfer the ownership of the permanently shut down ZNPS 
facility and responsibility for its decommissioning to ZionSolutions. 
This transfer was effectuated on September 1, 2010. ZionSolutions was 
established solely for the purpose of acquiring and decommissioning the 
ZNPS facility for release for unrestricted use, while transferring the 
spent nuclear fuel and Greater-Than-Class C radioactive waste to the 
ZNPS ISFSI. ZionSolutions holds Facility Operating License Nos. DPR-39 
and DPR-48, which authorize possession of spent fuel from the operation 
of ZNPS, Units 1 and 2, in Zion, Illinois, 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 must comply with all applicable NRC 
requirements.
    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 ISFSI at power reactor sites 
to persons authorized to possess or operate nuclear power reactors 
under 10 CFR part 50. ZionSolutions is currently authorized to store 
spent fuel at the ZNPS ISFSI under the 10 CFR part 72 general license 
provisions.
    The conditions of the 10 CFR part 72 general license, specifically 
10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11), 
require a general licensee to store spent fuel in an approved spent 
fuel storage cask listed in 10 CFR 72.214, and to comply with the 
conditions specified in the cask's CoC. The ZNPS ISFSI is currently 
loading and storing spent fuel in MAGNASTOR[supreg] storage casks, 
approved by the NRC under CoC No. 1031, Amendment No. 3.
    The MAGNASTOR[supreg] system provides for the vertical dry storage 
of spent fuel assemblies in a welded transportable storage canister 
(TSC). The storage system components for the MAGNASTOR[supreg] system 
consist of a vertical concrete cask (VCC), a TSC with an internal 
basket assembly that holds the spent fuel assemblies, and a transfer 
cask, which contains the TSC during loading, transfer, and unloading 
operations. The VCC is constructed of reinforced concrete designed to 
withstand all normal condition loads, as well as abnormal condition 
loads created by natural phenomena such as earthquakes and tornados. 
The storage system is also designed to withstand design-basis accident 
conditions.

II. Request/Action

    By letter dated August 25, 2014, ZionSolutions submitted a request 
for exemptions from specific portions of the requirements of 10 CFR 
72.212, ``Conditions of general license issued under Sec.  72.210,'' 
specifically 10 CFR 72.212(a)(2), 72.212(b)(5), 72.212(b)(11), and 10 
CFR 72.214, ``List of approved spent fuel storage casks.'' 
Specifically, ZionSolutions has requested an exemption from the 
requirements of Certificate of Compliance No. 1031, Amendment 3, 
Appendix A, Technical Specifications and Design Features for the 
MAGNASTOR[supreg] System, Section 5.7 ``Training Program.''
    Section 5.7 in Appendix A requires the following: ``A training 
program for the MAGNASTOR[supreg] system shall be developed under the 
general licensee's systematic approach to training (SAT). Training 
modules shall include comprehensive instructions for the operation and 
maintenance of the MAGNASTOR[supreg] system and the independent spent 
fuel storage installation (ISFSI).'' ZionSolutions has stated that the 
training program for the MAGNASTOR[supreg] system was developed using 
the SAT methods. The training modules included comprehensive 
instructions for the operation and maintenance of the MAGNASTOR[supreg] 
system. The exemption request applies only to developing a training 
program under SAT for operation and maintenance of ISFSI Structures, 
Systems and Components (SSCs), which are not important to safety as 
defined in 10 CFR 72.3. If granted, ZionSolutions will provide 
training/instructions for such SSCs in accordance with manufacturer's 
instructions and ZionSolutions approved procedures, instead of 
developing such training and instructions using the SAT methods.
    The NRC has the authority under 10 CFR 72.7 to grant specific 
exemptions from 10 CFR part 72 requirements if it determines that the 
exemption is authorized by law and will not endanger life or property 
or the common defense and security and the exemption is otherwise in 
the public interest. For the

[[Page 53349]]

reasons described below, the NRC is granting an exemption to 
ZionSolutions.

III. Discussion

    Pursuant to 10 CFR 72.7, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 72 when it determines that the 
exemptions are authorized by law, will not endanger life or property or 
the common defense and security, and are otherwise in the public 
interest.

A. Authorized by Law

    Under 10 CFR 72.7, the NRC may grant exemptions from the 
requirements of 10 CFR part 72 if 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. As explained below, the 
proposed exemption will not endanger life or property, or the common 
defense and security, and is otherwise in the public interest. The 
ISFSI regulations cited in this exemption request are 10 CFR 
72.212(a)(2), 72.212(b)(5)(i), 72.212(b)(11), and 10 CFR 72.214, which, 
in general, provide that the licensee shall comply with the terms, 
conditions, and specifications of the CoC. The Commission has the legal 
authority to issue exemptions from the requirements of 10 CFR part 72 
pursuant to 10 CFR 72.7. Issuance of this exemption is consistent with 
the Atomic Energy Act of 1954, as amended, and is not otherwise 
inconsistent with NRC regulations or other applicable laws. Therefore, 
issuance of the exemption is authorized by law.

B. The Exemption Will Not Endanger Life or Property or the Common 
Defense and Security

    Approval of this exemption request will only allow ZionSolutions to 
provide training that has not been developed under a SAT program for 
non-safety related ISFSI SSCs. There are no changes to design or 
operations of the ISFSI, and no changes whatsoever to safety or 
security-related components. If granted, ZionSolutions will provide 
training/instructions for such SSCs in accordance with manufacturer's 
instructions and ZionSolutions approved procedures, instead of 
developing such training and instructions using the SAT methods. 
Therefore, issuance of the exemption will not endanger life or property 
or the common defense and security.

C. The Exemption Is Otherwise in the Public Interest

    Approval of this exemption request will only allow ZionSolutions to 
provide training that was not developed under a SAT program for non-
safety-related ISFSI SSCs. The costs associated with these activities 
are paid from the decommissioning trust fund for ZNPS. Decommissioning 
trust funds are funds set aside during plant operation and do not 
belong to the utility but are retained in the public interest solely to 
pay for eventual decommissioning of the plant. ZNPS is currently in a 
decommissioning process. As such, there is a finite amount of funds 
which exists to complete decommissioning activities. With regard to the 
subject request, exemption from implementation of this training process 
relieves an economic burden. ZionSolutions stated in their exemption 
request that the exemption ``is in the public interest in that it will 
reduce costs associated with applying a more complex and labor 
intensive training process than required by regulation with no 
commensurate safety benefit.'' Furthermore, NRC staff finds the 
exemption in the public interest, because the resources saved from 
developing training activities under SAT can be utilized for other 
decommissioning activities including, for example, reducing the time to 
complete decommissioning and thus reducing risk of radiological effects 
to workers and the public and ameliorating an unexpected event, such as 
an accident.

D. Environmental Considerations

    In reviewing this exemption request, the staff also considered 
whether there would be any significant environmental impacts associated 
with the exemption. For this proposed action, the staff reviewed the 
categorical exclusion criteria in 10 CFR 51.22(c)(25). The regulations 
in 10 CFR 51.22(c)(25) provide a categorical exclusion for the granting 
of licensee exemption requests. In order for the 10 CFR 51.22(c)(25) 
categorical exclusions to apply, the proposed action must meet the 
criteria listed in 10 CFR 51.22(c)(25)(i)-(vi). An analysis of these 
provisions is provided below.
    i. 10 CFR 51.22(c)(25)(i)--There is no significant hazards 
consideration (NSHC).
    The elements of a NSHC are set forth in 10 CFR 50.92(c)(1)-(3). The 
proposed action involves NSHC if approval of the proposed action would 
not: (1) Involve a significant increase in the probability or 
consequences of an accident previously evaluated; (2) create the 
possibility of a new or different kind of accident from any accident 
previously evaluated; or (3) involve a significant reduction in a 
margin of safety. As the requested exemption does not involve changes 
to the design or operation of the safety systems for the 
MAGNASTOR[supreg] system or ISFSI, the above elements are not affected; 
therefore, no significant hazards will result from issuance of this 
exemption.
    ii. 10 CFR 51.22(c)(25)(ii)--There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any changes to effluents. Therefore, there is no significant 
change in the types or increase in the amounts of effluents that may be 
released offsite.
    iii. 10 CFR 51.22(c)(25)(iii)--There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any changes to public or occupational radiation exposures. 
Therefore, there is no significant increase in individual or cumulative 
public or occupational radiation exposure.
    iv. 10 CFR 51.22(c)(25)(iv)--There is no significant construction 
impact.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any construction activities. Therefore, there is no significant 
construction impact.
    v. 10 CFR 51.22(c)(25)(v)--There is no significant increase in the 
potential for or consequences from radiological accidents.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any changes to the design, safety limits, or safety analysis 
assumptions associated with the cask system and would not create any 
new accident precursors. Therefore, there is no significant increase in 
the potential for or consequences from radiological accidents.

[[Page 53350]]

    vi. 10 CFR 51.22(c)(25)(vi)--The requirements from which an 
exemption is sought involve:
    (A) Recordkeeping requirements;
    (B) Reporting requirements;
    (C) Inspection or surveillance requirements;
    (D) Equipment servicing or maintenance scheduling requirements;
    (E) Education, training, experience, qualification, requalification 
or other employment suitability requirements;
    (F) Safeguard plans, and materials control and accounting inventory 
scheduling requirements;
    (G) Scheduling requirements;
    (H) Surety, insurance or indemnity requirements; or
    (I) Other requirements of an administrative, managerial, or 
organizational nature.
    The proposed exemption applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety. The requirements 
from which an exemption is sought involve only training, and the 
exemption is thus applicable for a categorical exclusion under 10 CFR 
51.22(c)(25)(vi)(E).
    Based on the above considerations, the NRC staff concludes that the 
proposed exemption meets the eligibility criteria for categorical 
conclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 
CFR 51.22(b), no environmental impact statement or environmental 
assessment is required to be prepared in connection with the proposed 
issuance of the exemption.

IV. Conclusions

    Based on the above considerations, the NRC has determined, pursuant 
to 10 CFR 72.7, that this 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 Commission hereby 
grants ZionSolutions an exemption from 10 CFR parts 72.212(a)(2), 
72.212(b)(5)(i), 72.212(b)(11) and 72.214, which state that the 
licensee shall comply with the terms, conditions, and specifications of 
the CoC, only with regard to the requirements of Certificate of 
Compliance No. 1031, Amendment No. 3, Appendix A, Technical 
Specifications and Design Features for the MAGNASTOR[supreg] System, 
Section 5.7 ``Training Program.'' The exemption only exempts 
ZionSolutions from the requirement to develop training modules under 
the SAT that include comprehensive instructions for the operation and 
maintenance of the ISFSI SSCs that are not important to safety. The SAT 
training requirements are still applicable to all important to safety 
components, as required by the CoC.

V. Availability of Documents

    The documents identified in the following table are publicly 
available to interested persons in ADAMS. For information on accessing 
ADAMS see the ADDRESSES section of this document.

------------------------------------------------------------------------
                Document                        ADAMS Accession No.
------------------------------------------------------------------------
Commonwealth Edison Company letter        ML15232A492
 certifying the permanent cessation of
 operations at ZNPS, Units 1 and 2.
Commonwealth Edison Company letter        ML15232A487
 certifying the permanent removal of
 fuel from the reactor vessels at ZNPS.
NRC order and conforming amendments       ML090930037
 transferring ownership of ZNPS facility.
Letter issuing conforming amendments      ML102290437
 relating to transfer of licenses for
 ZNPS.
Zion exemption request..................  ML14241A424
------------------------------------------------------------------------

    The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 21st day of August, 2015.

    For the Nuclear Regulatory Commission.
William C. Allen,
Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-21794 Filed 9-2-15; 8:45 am]
BILLING CODE 7590-01-P