Duke Energy Carolinas, LLC, Oconee Nuclear Station, Units 1, 2, and 3; Independent Spent Fuel Storage Installation, 53350-53352 [2015-21819]

Download as PDF 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 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 0001; telephone: 301–415–5790, email: John.Vera@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is considering issuance of an exemption to Duke Energy, for operation of Oconee ISFSI, located in Seneca, South Carolina. Pursuant to § 72.7 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Specific Exemptions,’’ on August 28, 2014, as supplemented on December 8, 2014, and June 12, 2015 (ADAMS Accession Nos. ML14255A005, ML14346A008, and ML15169B103, respectively), Duke Energy submitted its request for exemption from the requirements of 10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), and the portion of 10 CFR 72.212(b)(11) that requires compliance with the terms, conditions, and specifications of CoC No. 1004, Amendment No. 9, for the Standardized NUHOMS® Horizontal Modular Storage System. In evaluating the request, the NRC also considered exemption from the requirements of 10 CFR 72.212(a)(2) and 10 CFR 72.214 that are applicable to the request, and the NRC has weighed these regulations in its review. Duke Energy loaded spent nuclear fuel into several 24PHB dry shielded canisters (DSCs). Subsequent to the loading, the applicant identified a discrepancy on a test report processed from the helium leak rate instrument vendor. The discrepancy was that the temperature coefficient was stated as four (4) percent per degree Celsius (%/ °C), when previously this value was three (3) %/°C. The applicant stated that the instrument vendor confirmed that the three (3) %/°C coefficient was incorrect for this instrument and that canisters loaded at ambient temperatures greater than (>) 23 °C would have had a non-conservative temperature coefficient applied to the helium leak rate measurement. The applicant stated that the incorrect value had been used to calculate the leak rates of forty-seven (47) dry shielded canisters DSCs. According to the applicant, forty-two (42) of the forty-seven (47) DSCs affected were verified to meet the TS. The applicant’s re-evaluation involved verifying the ambient temperature when the DSCs were loaded and applying the appropriate temperature coefficient. However, the applicant stated that the actual temperature correction value datasheets could not be found for DSCs 93, 94, 100, 105, and 106 and that these canisters were loaded in the summer months when ambient conditions during helium leak testing would likely have exceeded 23 °C, so the revised VerDate Sep<11>2014 14:42 Sep 02, 2015 Jkt 235001 temperature correction factor would have been applicable. The applicant stated that confirmation that the TS was met with the revised temperature coefficient for these DSCs, without evidence of the actual ambient temperature or test value, was not possible. II. Environmental Assessment Background Oconee Nuclear Station is located on Lake Keowee in Oconee County, South Carolina, 8 miles north of Seneca, South Carolina. Unit 1 began commercial operation in 1973, followed by Units 2 and 3 in 1974. Since 1997, Oconee has been storing spent fuel in an ISFSI operating under a general license as authorized by 10 CFR part 72, subpart K, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites.’’ The licensee also has a site-specific ISFSI license, which is not affected by this exemption request and associated environmental assessment (EA). Identification of Proposed Action The CoC is the NRC-approved design for each dry cask storage system. The proposed action would grant Duke Energy an exemption from the requirements of 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.214, and the portion of 10 CFR 72.212(b)(11) that requires compliance with the terms, conditions, and specifications of CoC No. 1004, Amendment No. 9, for the Standardized NUHOMS® Horizontal Modular Storage System to the extent necessary for Duke Energy to maintain DSCs numbers 93, 94, 100, 105, and 106 in their current position at the ISFSI associated with the operation of Oconee, Units 1, 2, and 3. These regulations 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 storage spent fuel cask used by an ISFSI general licensee. Specifically, the exemption would relieve Duke Energy from meeting Technical Specification 1.2.4a of Attachment A of CoC No. 1004, which limits the leak rate of the inner seal weld to 1.0 × 10–7 reference cubic centimeters per second (ref cc/s) at the highest DSC limiting pressure. Need for the Proposed Action The exemption would relieve the applicant from meeting Technical Specification (TS) 1.2.4a of Attachment A of CoC No. 1004, which limits the leak rate of the inner seal weld to 1.0 × 10¥7 ref cc/s at the highest DSC limiting PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 53351 pressure, allowing for continued storage of DSCs numbers 93, 94, 100, 105, and 106 at the Oconee Nuclear Station ISFSI. According to the applicant’s exemption request, confirmation that the technical specification is met is not possible. Without the exemption, the applicant would be in violation of the technical specification with no possibility of demonstrating compliance. Environmental Impacts of the Proposed Action The potential impact of using the TN Standardized NUHOMS® dry cask storage system was initially evaluated in the EA for the rulemaking to add the TN Standardized NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel to the list of approved spent fuel storage casks in 10 CFR 72.214. The exemption proposed to Amendment No. 9 to CoC No. 1004 would permit Duke Energy to maintain DSCs numbers 93, 94, 100, 105, and 106 in their current position at the ISFSI associated with the operation of Oconee, Units 1, 2, and 3. The applicant addressed environmental impacts in the application, stating that for the five (5) DSCs involved, results of the initial inner seal weld dye penetrant test were found to be acceptable, and welded outer top cover plates were installed. Additionally, radiological protection group surveys of affected HSMs confirmed that there is no leakage occurring from the affected canisters. Based on its review of the licensee’s application, the NRC staff concludes that the proposed action does not result in any changes to 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 action. Therefore, the staff further concludes there are no significant environmental impacts associated with the proposed action, which only affects the requirements associated with the leak testing of the DSCs and does not affect plant effluents, or any other aspects of the environment. Accordingly, the NRC staff 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 E:\FR\FM\03SEN1.SGM 03SEN1 53352 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices action, which would force Duke Energy to take actions that would involve unloading the DSCs from the horizontal storage modules, transporting them to the cask handling area, opening, rewelding, and retesting the welds, and transporting the DSCs back to the HSMs. 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 accidents, and increased costs to the licensee. Therefore, the NRC staff has determined that approving the proposed action has a lesser environmental impact than denying the proposed action. tkelley on DSK3SPTVN1PROD with NOTICES Agencies and Persons Consulted The EA associated with this exemption request was sent to the appropriate official of the South Carolina Department of Health and Environmental Control (SCDHEC) by email dated January 22, 2015 (ADAMS Accession No. ML15055A604). The state response was received by email dated February 23, 2015 (ADAMS Accession No. ML15055A620). The email states that the SCDHEC has no comments. 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 critical habitat. The NRC staff has also determined that the proposed action is not a type of activity that has the potential to impact historic properties, because the proposed action would occur only within the established Oconee site boundary. 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, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.’’ Based upon the previously mentioned EA, the Commission finds that the proposed action of granting an exemption from the requirements of 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.214, the portion of 10 CFR 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, in order to allow Duke Energy to maintain DSCs numbers 93, 94, 100, 105, and 106 in their current position at the ISFSI associated with the operation of Oconee, Units 1, 2, and 3, will not significantly impact the quality of the human environment. Accordingly, the VerDate Sep<11>2014 14:42 Sep 02, 2015 Jkt 235001 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. Dated at Rockville, Maryland, this 14 day of August, 2015. For the Nuclear Regulatory Commission. Michele Sampson, Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015–21819 Filed 9–2–15; 8:45 am] BILLING CODE 7590–01–P OFFICE OF SPECIAL COUNSEL Survey Renewal for FY 2015—Request for Comment Office of Special Counsel. Second notice for public comment. AGENCY: ACTION: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC), plans to request approval from the Office of Management and Budget (OMB) for use of a previously approved information collection consisting of an electronic survey form. The current OMB approval for the OSC Survey expires 10/31/15. We are submitting the electronic survey for renewal, based on its pending expiration. There are several changes being submitted with this request for renewal of the use of the OSC survey. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited to comment on this for the second time. Comments are invited on: (a) Whether the proposed collection consisting of our survey is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments should be received by October 5, 2015. FOR FURTHER INFORMATION CONTACT: Karl Kammann, Chief Financial Officer, at the address shown above; by facsimile at (202) 254–3711. SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 OSC is an independent agency responsible for, among other things, (1) investigation of allegations of prohibited personnel practices defined by law at 5 U.S.C. 2302(b), protection of whistleblowers, and certain other illegal employment practices under titles 5 and 38 of the U.S. Code, affecting current or former Federal employees or applicants for employment, and covered state and local government employees; and (2) the interpretation and enforcement of Hatch Act provisions on political activity in chapters 15 and 73 of title 5 of the U.S. Code. Title of Collection: Office of Special Counsel (OSC) Annual Survey; OMB Control Number 3255–0003, Expiration 10/31/2015. OSC is required to conduct an annual survey of individuals who seek its assistance. Section 13 of Public Law 103–424 (1994), codified at 5 U.S.C. 1212 note, states, in part: ‘‘[T]he survey shall—(1) Determine if the individual seeking assistance was fully apprised of their rights; (2) determine whether the individual was successful either at the Office of Special Counsel or the Merit Systems Protection Board; and (3) determine if the individual, whether successful or not, was satisfied with the treatment received from the Office of Special Counsel.’’ The same section also provides that survey results are to be published in OSC’s annual reports to Congress. Copies of prior years’ annual reports are available on OSC’s Web site, at https://osc.gov/Pages/ResourcesReportsAndInfo.aspx or by calling OSC at (202) 254–3600. The survey form for the collection of information is available by calling OSC at (202) 254–3600. Type of Information Collection Request: Approval of previously approved collection of information that expires on 10/31/2015, with some revisions. The Disclosure Unit was added for the first time to the electronic survey of individuals with cases resolved in FY 2014. The second major change is that the survey is hosted by Survey Monkey, (https://www.surveymonkey.com) rather than being an in-house supported IT tool. A future enhancement will add an additional question to the survey about the user’s experience with our new OSC Form 14 Wizard and electronic complaint form, which is currently in development. Affected public: Current and former Federal employees, applicants for Federal employment, state and local government employees, and their representatives, and the general public. Respondent’s Obligation: Voluntary. SUPPLEMENTARY INFORMATION: E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53350-53352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21819]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-40, 50-269, 50-270 and 50-287; NRC-2015-0191]


Duke Energy Carolinas, LLC, Oconee Nuclear Station, Units 1, 2, 
and 3; Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
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[supreg] 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 individuals 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. 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-

[[Page 53351]]

0001; telephone: 301-415-5790, email: John.Vera@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of an exemption to Duke Energy, for 
operation of Oconee ISFSI, located in Seneca, South Carolina. Pursuant 
to Sec.  72.7 of Title 10 of the Code of Federal Regulations (10 CFR), 
``Specific Exemptions,'' on August 28, 2014, as supplemented on 
December 8, 2014, and June 12, 2015 (ADAMS Accession Nos. ML14255A005, 
ML14346A008, and ML15169B103, respectively), Duke Energy submitted its 
request for exemption from the requirements of 10 CFR 72.212(b)(3), 10 
CFR 72.212(b)(5)(i), and the portion of 10 CFR 72.212(b)(11) that 
requires compliance with the terms, conditions, and specifications of 
CoC No. 1004, Amendment No. 9, for the Standardized NUHOMS[supreg] 
Horizontal Modular Storage System. In evaluating the request, the NRC 
also considered exemption from the requirements of 10 CFR 72.212(a)(2) 
and 10 CFR 72.214 that are applicable to the request, and the NRC has 
weighed these regulations in its review.
    Duke Energy loaded spent nuclear fuel into several 24PHB dry 
shielded canisters (DSCs). Subsequent to the loading, the applicant 
identified a discrepancy on a test report processed from the helium 
leak rate instrument vendor. The discrepancy was that the temperature 
coefficient was stated as four (4) percent per degree Celsius (%/
[deg]C), when previously this value was three (3) %/[deg]C. The 
applicant stated that the instrument vendor confirmed that the three 
(3) %/[deg]C coefficient was incorrect for this instrument and that 
canisters loaded at ambient temperatures greater than (>) 23 [deg]C 
would have had a non-conservative temperature coefficient applied to 
the helium leak rate measurement. The applicant stated that the 
incorrect value had been used to calculate the leak rates of forty-
seven (47) dry shielded canisters DSCs.
    According to the applicant, forty-two (42) of the forty-seven (47) 
DSCs affected were verified to meet the TS. The applicant's re-
evaluation involved verifying the ambient temperature when the DSCs 
were loaded and applying the appropriate temperature coefficient. 
However, the applicant stated that the actual temperature correction 
value datasheets could not be found for DSCs 93, 94, 100, 105, and 106 
and that these canisters were loaded in the summer months when ambient 
conditions during helium leak testing would likely have exceeded 23 
[deg]C, so the revised temperature correction factor would have been 
applicable. The applicant stated that confirmation that the TS was met 
with the revised temperature coefficient for these DSCs, without 
evidence of the actual ambient temperature or test value, was not 
possible.

II. Environmental Assessment

Background

    Oconee Nuclear Station is located on Lake Keowee in Oconee County, 
South Carolina, 8 miles north of Seneca, South Carolina. Unit 1 began 
commercial operation in 1973, followed by Units 2 and 3 in 1974. Since 
1997, Oconee has been storing spent fuel in an ISFSI operating under a 
general license as authorized by 10 CFR part 72, subpart K, ``General 
License for Storage of Spent Fuel at Power Reactor Sites.'' The 
licensee also has a site-specific ISFSI license, which is not affected 
by this exemption request and associated environmental assessment (EA).

Identification of Proposed Action

    The CoC is the NRC-approved design for each dry cask storage 
system. The proposed action would grant Duke Energy an exemption from 
the requirements of 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(3), 10 CFR 
72.212(b)(5)(i), 10 CFR 72.214, and the portion of 10 CFR 72.212(b)(11) 
that requires compliance with the terms, conditions, and specifications 
of CoC No. 1004, Amendment No. 9, for the Standardized NUHOMS[supreg] 
Horizontal Modular Storage System to the extent necessary for Duke 
Energy to maintain DSCs numbers 93, 94, 100, 105, and 106 in their 
current position at the ISFSI associated with the operation of Oconee, 
Units 1, 2, and 3. These regulations 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 storage spent fuel cask 
used by an ISFSI general licensee. Specifically, the exemption would 
relieve Duke Energy from meeting Technical Specification 1.2.4a of 
Attachment A of CoC No. 1004, which limits the leak rate of the inner 
seal weld to 1.0 x 10-7 reference cubic centimeters per second (ref cc/
s) at the highest DSC limiting pressure.

Need for the Proposed Action

    The exemption would relieve the applicant from meeting Technical 
Specification (TS) 1.2.4a of Attachment A of CoC No. 1004, which limits 
the leak rate of the inner seal weld to 1.0 x 10-7 ref cc/s 
at the highest DSC limiting pressure, allowing for continued storage of 
DSCs numbers 93, 94, 100, 105, and 106 at the Oconee Nuclear Station 
ISFSI. According to the applicant's exemption request, confirmation 
that the technical specification is met is not possible. Without the 
exemption, the applicant would be in violation of the technical 
specification with no possibility of demonstrating compliance.

Environmental Impacts of the Proposed Action

    The potential impact of using the TN Standardized NUHOMS[supreg] 
dry cask storage system was initially evaluated in the EA for the 
rulemaking to add the TN Standardized NUHOMS[supreg] Horizontal Modular 
Storage System for Irradiated Nuclear Fuel to the list of approved 
spent fuel storage casks in 10 CFR 72.214.
    The exemption proposed to Amendment No. 9 to CoC No. 1004 would 
permit Duke Energy to maintain DSCs numbers 93, 94, 100, 105, and 106 
in their current position at the ISFSI associated with the operation of 
Oconee, Units 1, 2, and 3. The applicant addressed environmental 
impacts in the application, stating that for the five (5) DSCs 
involved, results of the initial inner seal weld dye penetrant test 
were found to be acceptable, and welded outer top cover plates were 
installed. Additionally, radiological protection group surveys of 
affected HSMs confirmed that there is no leakage occurring from the 
affected canisters. Based on its review of the licensee's application, 
the NRC staff concludes that the proposed action does not result in any 
changes to 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 
action. Therefore, the staff further concludes there are no significant 
environmental impacts associated with the proposed action, which only 
affects the requirements associated with the leak testing of the DSCs 
and does not affect plant effluents, or any other aspects of the 
environment.
    Accordingly, the NRC staff 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

[[Page 53352]]

action, which would force Duke Energy to take actions that would 
involve unloading the DSCs from the horizontal storage modules, 
transporting them to the cask handling area, opening, rewelding, and 
retesting the welds, and transporting the DSCs back to the HSMs. 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 accidents, and 
increased costs 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 EA associated with this exemption request was sent to the 
appropriate official of the South Carolina Department of Health and 
Environmental Control (SCDHEC) by email dated January 22, 2015 (ADAMS 
Accession No. ML15055A604). The state response was received by email 
dated February 23, 2015 (ADAMS Accession No. ML15055A620). The email 
states that the SCDHEC has no comments. 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 critical habitat. The NRC staff has also determined that the 
proposed action is not a type of activity that has the potential to 
impact historic properties, because the proposed action would occur 
only within the established Oconee site boundary. 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, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.'' Based upon the previously mentioned EA, 
the Commission finds that the proposed action of granting an exemption 
from the requirements of 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(3), 10 
CFR 72.212(b)(5)(i), 10 CFR 72.214, the portion of 10 CFR 72.212(b)(11) 
that states the licensee shall comply with the terms, conditions, and 
specifications of the CoC, in order to allow Duke Energy to maintain 
DSCs numbers 93, 94, 100, 105, and 106 in their current position at the 
ISFSI associated with the operation of Oconee, Units 1, 2, and 3, 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.

    Dated at Rockville, Maryland, this 14 day of August, 2015.

    For the Nuclear Regulatory Commission.
Michele Sampson,
Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-21819 Filed 9-2-15; 8:45 am]
 BILLING CODE 7590-01-P