Exelon Generation Company, LLC; Dresden Nuclear Power Station, Units 1, 2, and 3; Independent Spent Fuel Storage Installation, 14135-14139 [2016-05955]

Download as PDF Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices material. Each member provides technical assistance in his/her specific area(s) of expertise, particularly with respect to emerging technologies. Members also provide guidance as to NRC’s role in relation to the responsibilities of other Federal agencies as well as of various professional organizations and boards. Members of this Committee have demonstrated professional qualifications and expertise in both scientific and non-scientific disciplines including nuclear medicine; nuclear cardiology; radiation therapy; medical physics; nuclear pharmacy; State medical regulation; patient’s rights and care; health care administration; and Food and Drug Administration regulation. Dated at Rockville, Maryland, this 10th day of March 2016. For the Nuclear Regulatory Commission. Andrew L. Bates, Federal Advisory Committee Management Officer. [FR Doc. 2016–05944 Filed 3–15–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–010, 50–237, 50–249, and 72–37; NRC–2016–0046] Exelon Generation Company, LLC; Dresden Nuclear Power Station, Units 1, 2, and 3; Independent Spent Fuel Storage Installation Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from certain requirements regarding the storage of a thoria rod canister in response to a request submitted by Exelon Generation Company, LLC (EGC) on January 29, 2015, for its general license to operate an independent spent fuel storage installation (ISFSI) at the Dresden Nuclear Power Station (DNPS). This exemption would permit EGC to load and store the DNPS Unit 1 thoria rod canister containing 18 DNPS Unit 1 thoria rods in a Holtec International, Inc., HI–STORM 100 multi-purpose canister (MPC)-68M using Certificate of Compliance (CoC) No. 1014, Amendment No. 8, Rev. 1.1 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 1 The licensee’s application referred to Amendment 8; since that time, Amendment 8 has been revised. (On February 16, 2016, Amendment 8, Rev. 1 to CoC 1014 became effective.) The revision does not impact the exemption request that VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 14135 March 16, 2016. Please refer to Docket ID NRC–2016–0046 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 https://www.regulations.gov and search for Docket ID NRC–2016–0046. 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 https://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. • 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: Bernard White, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–6577; email: Bernard.White@ nrc.gov. an ISFSI at power reactor sites to persons authorized to possess or operate nuclear power reactors under 10 CFR part 50. EGC is currently authorized to store spent fuel at the DNPS ISFSI under the 10 CFR part 72 general license provisions. The DNPS ISFSI is currently loading and storing spent fuel in Holtec HI–STORM 100 storage casks, approved by the NRC under CoC No. 1014. SUPPLEMENTARY INFORMATION: A. Authorized by Law This exemption would permit the applicant to load and store the DNPS Unit 1 thoria rod canister containing 18 DNPS Unit 1 thoria rods in the HI– STORM 100 MPC–68M CoC 1014, Amendment No. 8, Rev. 1, which otherwise would not permit the storage of thoria rods. The provisions from which the NRC is granting the exemption require the licensee to comply with the terms, conditions, and specifications of the CoCs for the approved cask model it uses. Section 72.7 allows the Commission to 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 DATES: ADDRESSES: I. Background Dresden Unit 1 produced power commercially from 1960 to October 31, 1978. The plant shut down in October 1978 and is currently in SAFSTOR. The decommissioning plan was approved in September 1993. No significant dismantlement activities are underway. Isolation of Units 1, 2, and 3 is complete. Consistent with subpart K of part 72 of title 10 of the Code of Federal Regulations (10 CFR), a general license is issued for the storage of spent fuel in is the subject of this exemption because none of the changes in the revision revised the thoria contents or the physical characteristics of the storage cask. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 II. Request/Action By letter dated January 29, 2015, as supplemented on June 8, 2015, EGC submitted a request for an exemption from 10 CFR 72.212(b)(3) and the portion of 10 CFR 72.212(b)(11) that requires compliance with the terms, conditions, and specifications of CoC No. 1014, Amendment No. 8, for the Holtec HI–STORM 100 with the MPC– 68M, to the extent necessary for EGC to load and store one DNPS Unit 1 thoria rod canister containing 18 DNPS Unit 1 thoria rods. Upon review, the NRC added the following requirements for the proposed action pursuant to its authority under 10 CFR 72.7: 10 CFR 72.212(a)(2), which limits storage of spent fuel in casks approved under part 72; 72.212(b)(5)(i), which states a ‘‘cask, once loaded with spent fuel . . . will conform to the terms, conditions and specifications of a CoC or an amended CoC listed in § 72.214’’; and 10 CFR 72.214, ‘‘List of approved spent fuel storage casks.’’ III. Discussion Pursuant to 10 CFR 72.7, the Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations of 10 CFR part 72 as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest. E:\FR\FM\16MRN1.SGM 16MRN1 14136 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices and security, and is otherwise in the public interest. As explained in the following discussion, the proposed exemption will not endanger life or property, or the common defense and security, and is otherwise in the public interest. Issuance of this exemption is consistent with the Atomic Energy Act of 1954, as amended, and not otherwise inconsistent with NRC’s regulations or other applicable laws. Therefore, issuance of the exemption is authorized by law. mstockstill on DSK4VPTVN1PROD with NOTICES B. Will Not Endanger Life or Property or the Common Defense and Security Approval of this exemption request will allow EGC to load and store the 18 thoria rods in the DNPS Unit 1 thoria rod canister within a Holtec HI–STORM 100 MPC–68M. As discussed in the following section, the NRC staff finds that EGC’s proposal to load and store thoria rods is acceptable and will not endanger life or property or common defense and security. Review of the Requested Exemption The addition of the MPC–68M to the list of approved storage cask designs for the Holtec HI–STORM 100 system was reviewed previously and approved by the NRC. The CoC and safety evaluation report (SER) for Amendment 8 were issued on May 10, 2012, corrected on November 12, 2012, and revised on February 16, 2016. Amendment No. 8 added the MPC–68M canister, two new boiling water reactor (BWR) fuel assembly/array classes, a new pressurized-water reactor fuel assembly/ array class, and revised Condition No. 3 in the certificate to include leak testing of the confinement boundary base material in addition to confinement welds. Amendment 8 also made other administrative changes. Thoria rods/ assemblies were not considered in Amendment No. 8 for the MPC–68M, however they have been approved for storage in the MPC–68, MPC–68F and MPC–68FF in Amendment No. 1. The applicant stated that the design characteristics of the thoria rods in the exemption request are the same as those approved for storage in the MPC–68, MPC–68F and MPC–68FF. The characteristics of these rods are specified in CoC No. 1014, Amendment No. 8, Revision No. 1, Appendix B, Table 2.1–1, Section II, ‘‘MPC MODEL: MPC–68F,’’ Item A.7 and Section III, ‘‘MPC MODEL: MPC–68 and MPC– 68FF,’’ Item A.3. In addition, the applicant cited the Safety Analysis Report (SAR) for CoC No. 1014, Amendment No. 8, and the NRC staff’s corresponding SER dated May 10, 2012, which documented the NRC staff’s basis VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 for approval of Amendment No. 8, to support the exemption request. The NRC staff reviewed the requested exemption and determined that it does not change the fundamental design, components, or safety features of the storage system. The NRC staff evaluated the applicable potential safety impacts of granting the exemption to assess the potential for any danger to life or property or the common defense and security. Specifically, the NRC staff reviewed the applicant’s structural integrity, thermal, confinement, shielding, and criticality evaluations for the proposed exemption. Structural Review for the Requested Exemption: The NRC staff reviewed the exemption request including the documents referenced by the applicant. Specifically, the NRC staff reviewed the design characteristics of thoria rods and canister limits provided by the applicant in its June 8, 2015, response to NRC’s request for additional information (RAI) dated May 8, 2015, and verified that the thoria rods and canister limits are the same as those previously approved in Amendment No. 1 to CoC 1014. In its review of Amendment No. 8, the NRC staff determined that the structural analysis presented in ‘‘HI–STORM Topical Safety Analysis Report (TSAR),’’ Holtec Report HI–951312, Rev. 11, as supplemented on July 3, 2001, August 13 and 17, and October 5, 12, and 19, 2001, demonstrated that the thoria rod canister was structurally adequate to support the loads during normal lifting operations, normal and off-normal conditions, as well as during postulatedaccident conditions. Based on the NRC staff’s review of the physical characteristics of the thoria rods, thoria canister and MPC–68M canister, the NRC staff concludes that the proposed storage of thoria rods in an MPC–68M will be bounded by the previously approved structural analysis for MPC–68M because the thoria rods and canister limits are the same as those previously approved in Amendment No. 1 to CoC 1014. Therefore, the NRC staff has reasonable assurance that the structural adequacy of the MPC–68M for the intended purpose will be maintained, as documented in the NRC staff’s SER for Amendment No. 8 to CoC 1014. Thermal Review for the Requested Exemption: The decay heat per DNPS Unit 1 thoria rod canister is less than or equal to 115 watts, which is significantly lower than the maximum allowable decay heat limit of 393 watts per fuel storage location for damaged fuel and fuel debris, as specified in Amendment No. 8 to CoC 1014. In PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 addition, the exemption, does not change the cask decay heat distribution due to the lower decay heat of the DNPS Unit 1 thoria rod canister. Accordingly, the decay heat analyses reviewed and approved by the NRC staff in Amendment 8 are bounding. The applicant referenced the previous Holtec thermal evaluation of the MPC– 68M for Amendment No. 8 to CoC 1014 to show that it has lower maximum temperatures (i.e., fuel cladding, basket, and MPC shell) than the maximum temperatures of Holtec’s thermal evaluation for the MPC–68 canister. Holtec stated that this is due to the higher thermal conductivity of the Metamic-HT basket material, the use of full length aluminum basket shims, and the higher emissivities of the basket and basket shims. Based on the NRC staff’s review of the exemption request and the references cited therein, the NRC staff finds acceptable the small decay heat contribution of the thoria rods, when compared with the design basis-heat load for failed fuel. In addition, the NRC staff finds that the thermal effects of an MPC–68M basket design loaded with one DNPS Unit 1 thoria rod canister is bounded by previous thermal analysis. Therefore, if one DNPS Unit 1 thoria rod canister is included in an MPC–68M, the NRC staff concludes that the fuel cladding temperature of the MPC–68M and its contents are bounded by those NRC reviewed and approved for CoC 1014, Amendment No. 8. The applicant stated that the cladding hoop stress for the thoria rods, during vacuum drying, is similar to the stresses expected in uranium dioxide (UO2) rods stored in an MPC–68M. The applicant also stated it does not plan to load high burnup fuel, i.e., fuel with an average burnup exceeding 45,000 MWD/MTU, in the MPC–68M that contains the thoria rod canister. The applicant stated that this would result in a decay heat below the design basis decay heat and, therefore a lower design basis fuel temperature compared to the value reported in Table 4.III.5 of the HI– STORM 100 FSAR, Revision 11, during vacuum drying operations. Based on the lower decay heat and similar expected cladding hoop stress for the thoria rods during vacuum drying, the NRC staff finds that the vacuum drying time limits in CoC 1014, Amendment No. 8, Revision No. 1, Technical Specifications, which were not necessary for the MPC–68M in CoC 1014, Amendment No. 8, Revision No. 1, are also not necessary for the MPC– 68M with the inclusion of the DNPS Unit 1 thoria rod canister. Consistent with EGC’s request, this exemption does not authorize the loading and storage of E:\FR\FM\16MRN1.SGM 16MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices high burnup fuel in the MPC–68M if the DNPS Unit 1 thoria rod canister is loaded in the MPC–68M. Accordingly, the NRC staff finds that the cask loaded with 1 thoria rod canister will continue to meet applicable thermal requirements. Confinement Review for the Requested Exemption: EGC stated that the design of the MPC–68M confinement boundary, which includes the vent and drain ports, is unchanged by the exemption request. In addition, EGC stated that the exemption would not change the short-term cask operations, including draining of the MPC, welding of the lid, drying and backfilling with inert gas, and handling of the MPC that were approved in Amendment No. 8 to CoC No. 1014. Since this exemption would not change the design aspects, including a leak tight confinement boundary (leak tight is defined as ≤1 × 1¥7 ref-cc/sec, as defined by American National Standards Institute (ANSI) N14.5, ‘‘Radioactive Materials—Leakage Tests on Packages for Shipment’’), from those previously reviewed and approved by the NRC, the confinement characteristics will continue to be adequately maintained. Shielding Review for the Requested Exemption: The NRC staff reviewed the exemption request and the applicant’s RAI response. EGC is relying on NRC’s previous approval of Amendment Nos. 1 and 8 to CoC No. 1014 to conclude that offsite doses from a storage cask containing a single thoria rod canister along with 67design basis 6x6 Dresden Unit 1 fuel assemblies are is the same as or bounded by previous analyses and did not perform any additional analysis for this exemption. The applicant cites the shielding analysis of the thoria rods as previously documented in ‘‘HI– STORM TSAR,’’ HOLTEC Report HI– 951312, Rev. 11, and approved by the NRC staff in CoC 1014, Amendment No. 1 and documented in the NRC staff’s SER dated July 18, 2002. Sections 5.2.6 and 5.4.8 of the Holtec TSAR includes Holtec’s analysis of the thoria rods, and presents a summary of the neutron and photon sources in Tables 5.2–7, 5.2–19, 5.2–37, and 5.2–38. EGC stated that the neutron source for the thoria rods remains below that of the design basis fuel assembly. EGC also stated that the photon source for the thoria rods is bounded by the design basis fuel assembly except in the 2.5–3.0 MeV energy range. To demonstrate that the gamma dose rate from the thoria rods is bounded by the design-basis BWR fuel, EGC referred to Holtec’s TSAR for Amendment No. 1, which, according to Holtec, conservatively assumed 68 VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 thoria rod canisters were present in the MPC, even though only one thoria rod canister exists on the DNPS site. Holtec’s dose rate evaluation showed that the external dose rate for a HI– STORM 100 cask loaded with 68 thoria rod canisters, each with 18 Thoria rods, was 17 percent higher than a canister filled with design-basis fuel. In its SER for approval of Amendment No. 1, the NRC staff considered the conservatisms built into Holtec’s dose rate analysis and concluded that a single thoria rod canister would not likely result in a dose rate increase for a MPC–68M canister loaded with 67 BWR spent fuel assemblies and a single thoria rod canister containing up to 18 thoria rods. Subsequently, in its review of Amendment 8, the NRC staff reviewed the impact from the MPC–68M basket on external dose rates compared to the borated baskets for the other MPC–68 canisters. Considering that the outer loaded assemblies provide significant shielding of the innermost assemblies, the NRC staff determined that the dose rate is dominated by the peripherally loaded assemblies. The NRC staff, using MicroShield®, calculated dose rates with the two different basket materials. Based on the results of this calculation, the NRC staff found that the canister and overpack were the components most critical to shielding. Additionally, in the SER for Amendment No. 8, NRC staff concluded that Holtec showed that the shielding provided by the MPC–68M did not significantly change from the MPC–68 canister, since neither the canister shell nor the overpack changed and the Metamic-HT basket would have negligible impact on external dose rates. In prior NRC staff reviews of Amendment Nos. 1 and 8, the NRC staff concluded that the Metamic-HT basket in the MPC–68M has very little effect on the external dose rate; and a single thoria rod canister, while unbounded in the 2.5–3.0 MeV energy range, will not impact cask external dose rates. Accordingly, NRC staff has reasonable assurance that off-site doses from the presence of a single, thoria rod canister in an MPC–68M loaded with designbasis fuel with the same characteristics as those approved for the MPC–68, MPC–68F and MPC–68FF will not increase when compared to a canister loaded with 68 design-basis fuel assemblies. Therefore, such a canister will continue to meet applicable offsite dose requirements. Criticality Review for the Requested Exemption: The NRC staff reviewed the exemption request and the applicant’s RAI response. The applicant initially only cited the criticality analysis of the thoria rods previously documented in PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 14137 ‘‘HI–STORM TSAR’’, Holtec Report HI– 951312, Rev. 11, and documented in the NRC staff’s SER dated July 18, 2002, which was the basis for approval of Amendment No. 1 to CoC No. 1014. In Section 6.4.6 of the TSAR, Holtec shows that the reactivity of the thoria rods remains below that of the design-basis fuel assembly reactivity, which is summarized in Holtec TSAR Tables 6.1.7 and 6.1.8. The NRC staff did not analyze any impact the thoria rods might have on criticality during its review of the Holtec TSAR as the components important to criticality control in the MPC–68 and MPC–68FF remained unchanged from its prior review of the HI–STAR Amendment No. 1. This is not the case with the MPC– 68M. In its June 8, 2015 response to additional information, the applicant cited the NRC staff’s basis for approval of CoC 1014, Amendment No. 8 in its SER dated May 10, 2012, to support this exemption request. The applicant noted several advantages that Metamic-HT has over older basket designs. Among them are the inability of the neutron absorber material to detach or relocate, and the presence of absorber material along the entire length of the basket, rather than a fixed, discrete section. During its review of Amendment No. 8, NRC staff noted that the applicant’s analysis resulted in a large margin to criticality and concluded that the use of the existing fuel assemblies authorized in the CoC within the Metamic-HT basket in the MPC–68M would remain subcritical. Two prior NRC staff reviews of amendments (HI–STORM Amendment Nos. 1 and 8) have found the MetamicHT basket in the MPC–68M to be at least as effective as those in the MPC–68 and MPC–68FF. In addition, these reviews found that a thoria rod canister is less reactive than the spent fuel assemblies currently authorized in CoC 1014. Based on its consideration of these previous approvals, NRC staff concludes that the presence of a single, thoria rod canister in an MPC–68M is bounded by prior analyses of existing, authorized contents. Review of Common Defense and Security: The NRC staff also considered potential impacts of granting the exemption on the common defense and security. The requested exemption is not related to any security or common defense aspect of the DNPS ISFSI, therefore granting the exemption would not result in any potential impacts to common defense and security. Based on its review, the NRC staff has reasonable assurance that in granting the exemption, the storage system will E:\FR\FM\16MRN1.SGM 16MRN1 14138 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices continue to meet the requirements of 10 CFR part 72 and the offsite dose limits of 10 CFR part 20 and, therefore, will not endanger life or property. The NRC staff also finds that the exemption would not endanger common defense and security. C. Otherwise in the Public Interest In considering whether granting the exemption is in the public interest, the NRC staff considered the alternative of not granting the exemption. If the exemption was not granted, in order to comply with the CoC, the DNPS Unit 1 thoria rod canister containing the 18 thoria rods would not be loaded during the 2016 spent fuel loading campaign (SFLC). The applicant maintains that loading the thoria rod canister during the 2016 DNPS SFLC is part of a program to ensure full core discharge capability. EGC stated that granting the exemption is in the public interest since it will permit storage of the thoria rods in an inherently safe and passive system. Additionally, EGC stated that granting the exemption would permit this storage without the burden and impact of requesting an amendment to the CoC. Not granting the exemption would require Holtec to submit an amendment to the CoC, which would delay the DNPS program to ensure full core discharge capability and impact future loadings. In addition to allowing DNPS to continue with its program to ensure full core discharge capability on schedule, based on its review of EGC’s request, the NRC staff concludes that allowing thoria rods with the same characteristics as those approved for the MPC–68, MPC–68F and MPC–68FF as an approved content in the MPC–68M would continue to provide adequate protection of public health and safety. Therefore, granting the exemption is otherwise in the public interest. D. Environmental Considerations The NRC staff also considered whether there would be any significant environmental impacts associated with the exemption. For this proposed action, the NRC staff performed an environmental assessment pursuant to 10 CFR 51.30. The environmental assessment concluded that the proposed action would not significantly impact the quality of the human environment. The NRC staff concluded that the proposed action would not result in any changes in the types or amounts of any radiological or non-radiological effluents that may be released offsite, and there is no significant increase in occupational or public radiation exposure because of the proposed action. The Environmental Assessment and the Finding of No Significant Impact was published on March 4, 2016 (81 FR 11603). IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 72.7, 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 EGC an exemption from 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 terms, conditions, and specifications of the CoC only with regard to storage of DNPS Unit 1 thoria rods with the same characteristics as those specified for storage in the MPC–68, MPC–68F and MPC–68FF in CoC No. 1014, Amendment No. 8, Revision No. 1, Appendix B, Table 2.1–1, Section II, ‘‘MPC MODEL: MPC–68F,’’ Item A.7 and Section III, ‘‘MPC MODEL: MPC–68 and MPC–68FF,’’ Item A.3 in the MPC– 68M using the Holtec® CoC No. 1014, Amendment No. 8, Revision No. 1. This exemption does not authorize loading in a canister with other spent fuel which has an average burnup exceeding 45,000 MWD/MTU. V. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the methods indicated in the ADDRESSES section. Document ADAMS Accession No. Exelon Generation Company (EGC) application dated January 29, 2015 .................................................................... EGC supplement dated June 8, 2015 ............................................................................................................................ CoC 1014 Amendment 8, Revision 1 ............................................................................................................................. Amendment No. 8 CoC and SER issued on May 10, 2012 .......................................................................................... Amendment No 8 correction (CoC and SER) issued on November 12, 2012 .............................................................. Amendment No. 8, Revision No. 1 issued on February 10, 2016 ................................................................................. ‘‘HI–STORM Topical Safety Analysis Report (TSAR),’’ Holtec Report HI–951312, Rev. 11 (Holtec amendment 1 request) dated August 31, 2000. ML15029A334. ML15159A745. ML16041A233. ML12132A028. ML12213A203. ML16041A233. ML003748149, ML072420266, ML003748010, ML003747975, and ML003747995. ML011900259. ML012260436. ML012330523. ML012830522. ML012900007. ML020150094. ML15128A088. ML022000176. ML13246A040. Accessible from American National Standards Institute. ML003780760. mstockstill on DSK4VPTVN1PROD with NOTICES July 3, 2001 supplement to Holtec amendment 1 request ............................................................................................ August 13, 2001 supplement to Holtec amendment 1 request ..................................................................................... August 17, 2001 supplement to Holtec amendment 1 request ..................................................................................... October 5, 2001, supplement to Holtec amendment 1 request ..................................................................................... October 12, 2001, supplement to Holtec amendment 1 request ................................................................................... October 19, 2001, supplement to Holtec amendment 1 request ................................................................................... NRC’s request for additional information dated May 8, 2015 ........................................................................................ Amendment No. 1 to CoC 1014 ..................................................................................................................................... HI–STORM 100 FSAR, Revision 11 .............................................................................................................................. ANSI N14.5, ‘‘Radioactive Materials—Leakage Tests on Packages for Shipment’’ ..................................................... HI–STAR Amendment No. 1 .......................................................................................................................................... VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices The exemption is effective upon issuance. Dated at Rockville, Maryland, this 8th day of March, 2016. For the Nuclear Regulatory Commission. Steve Ruffin, Acting Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, Office of Nuclear Material Safetyand Safeguards. [FR Doc. 2016–05955 Filed 3–15–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2011–0011] Criteria and Design Features for Inspection of Water-Control Structures Associated With Nuclear Power Plants; Correction Nuclear Regulatory Commission. ACTION: Regulatory Guide; issuance; correction. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register (FR) on February 18, 2016, regarding the issuance of Revision 2 of Regulatory Guide (RG) 1.127, ‘‘Criteria and Design Features for Inspection of Water-Control Structures Associated with Nuclear Power Plants.’’ This action is necessary to correct an ADAMS accession number. DATES: The correction is effective March 16, 2016. ADDRESSES: Please refer to Docket ID NRC–2011–0011 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 https://www.regulations.gov and search for Docket ID NRC–2011–0011. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) 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 https://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, mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 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: Robert Pettis, Office of Nuclear Reactor Regulation, telephone: 301–415–3214; email: Robert.Pettis@nrc.gov; Kenneth Karwoski, Office of Nuclear Reactor Regulation, telephone: 301–415–2752; email: Kenneth.Karwoski@nrc.gov; or Mark Orr, Office of Nuclear Regulatory Research, telephone: 301–415–6003; email: Mark.Orr@nrc.gov. All are on the staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: In the FR on February 18, 2016, in FR Doc. 2016– 03346, on page 8254, in the third column, the last line of the first paragraph, correct ‘‘ML093060317’’ to read ‘‘ML102380594.’’ Dated at Rockville, Maryland this 10th day of March, 2016. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2016–05909 Filed 3–15–16; 8:45 am] BILLING CODE 7590–01–P RAILROAD RETIREMENT BOARD Agency Forms Submitted for OMB Review, Request for Comments Summary: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collections of information to determine (1) the practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of the information that is the PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 14139 subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to the RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if the RRB and OIRA receive them within 30 days of the publication date. 1. Title and purpose of information collection: Employer Reporting; 3220– 0005. Under Section 9 of the Railroad Retirement Act (RRA), and Section 6 of the Railroad Unemployment Insurance Act (RUIA), railroad employers are required to submit reports of employee service and compensation to the RRB as needed for administering the RRA and RUIA. To pay benefits due on a deceased employee’s earnings records or determine entitlement to, and amount of annuity applied for, it is necessary at times to obtain from railroad employers current (lag) service and compensation not yet reported to the RRB through the annual reporting process. The reporting requirements are specified in 20 CFR 209.6 and 209.7. The RRB currently utilizes Form G– 88A.1, Notice of Retirement and Verification of Date Last Worked, Form G–88A.2, Notice of Retirement and Request for Service Needed for Eligibility, and Form AA–12, Notice of Death and Compensation, to obtain the required lag service and related information from railroad employers. Form G–88A.1 is sent by the RRB via a computer-generated listing or transmitted electronically via the RRB’s Employer Reporting System (ERS) to employers. ERS consists of a series of screens with completion instructions and collects essentially the same information as the approved manual version. Form G–88A.1 is used for the specific purpose of verifying information previously provided to the RRB regarding the date last worked by an employee. If the information is correct, the employer need not reply. If the information is incorrect, the employer is asked to provide corrected information. Form G–88A.2 is used by the RRB to secure lag service and compensation information when it is needed to determine benefit eligibility. Form AA–12 obtains a report of lag service and compensation from the last railroad employer of a deceased employee. This report covers the lag period between the date of the latest record of employment processed by the RRB and the date an employee last worked, the date of death or the date the employee may have been entitled to benefits under the Social Security Act. E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14135-14139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05955]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-010, 50-237, 50-249, and 72-37; NRC-2016-0046]


Exelon Generation Company, LLC; Dresden Nuclear Power Station, 
Units 1, 2, and 3; 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 from certain requirements regarding the storage of a thoria 
rod canister in response to a request submitted by Exelon Generation 
Company, LLC (EGC) on January 29, 2015, for its general license to 
operate an independent spent fuel storage installation (ISFSI) at the 
Dresden Nuclear Power Station (DNPS). This exemption would permit EGC 
to load and store the DNPS Unit 1 thoria rod canister containing 18 
DNPS Unit 1 thoria rods in a Holtec International, Inc., HI-STORM 100 
multi-purpose canister (MPC)-68M using Certificate of Compliance (CoC) 
No. 1014, Amendment No. 8, Rev. 1.\1\
---------------------------------------------------------------------------

    \1\ The licensee's application referred to Amendment 8; since 
that time, Amendment 8 has been revised. (On February 16, 2016, 
Amendment 8, Rev. 1 to CoC 1014 became effective.) The revision does 
not impact the exemption request that is the subject of this 
exemption because none of the changes in the revision revised the 
thoria contents or the physical characteristics of the storage cask.

---------------------------------------------------------------------------
DATES: March 16, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0046 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 https://www.regulations.gov and search for Docket ID NRC-2016-0046. 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 https://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.
     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: Bernard White, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-6577; email: 
Bernard.White@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Dresden Unit 1 produced power commercially from 1960 to October 31, 
1978. The plant shut down in October 1978 and is currently in SAFSTOR. 
The decommissioning plan was approved in September 1993. No significant 
dismantlement activities are underway. Isolation of Units 1, 2, and 3 
is complete.
    Consistent with subpart K of part 72 of title 10 of the Code of 
Federal Regulations (10 CFR), 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. EGC is currently authorized to store spent fuel at the DNPS 
ISFSI under the 10 CFR part 72 general license provisions. The DNPS 
ISFSI is currently loading and storing spent fuel in Holtec HI-STORM 
100 storage casks, approved by the NRC under CoC No. 1014.

II. Request/Action

    By letter dated January 29, 2015, as supplemented on June 8, 2015, 
EGC submitted a request for an exemption from 10 CFR 72.212(b)(3) and 
the portion of 10 CFR 72.212(b)(11) that requires compliance with the 
terms, conditions, and specifications of CoC No. 1014, Amendment No. 8, 
for the Holtec HI-STORM 100 with the MPC-68M, to the extent necessary 
for EGC to load and store one DNPS Unit 1 thoria rod canister 
containing 18 DNPS Unit 1 thoria rods. Upon review, the NRC added the 
following requirements for the proposed action pursuant to its 
authority under 10 CFR 72.7: 10 CFR 72.212(a)(2), which limits storage 
of spent fuel in casks approved under part 72; 72.212(b)(5)(i), which 
states a ``cask, once loaded with spent fuel . . . will conform to the 
terms, conditions and specifications of a CoC or an amended CoC listed 
in Sec.  72.214''; and 10 CFR 72.214, ``List of approved spent fuel 
storage casks.''

III. Discussion

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

A. Authorized by Law

    This exemption would permit the applicant to load and store the 
DNPS Unit 1 thoria rod canister containing 18 DNPS Unit 1 thoria rods 
in the HI-STORM 100 MPC-68M CoC 1014, Amendment No. 8, Rev. 1, which 
otherwise would not permit the storage of thoria rods. The provisions 
from which the NRC is granting the exemption require the licensee to 
comply with the terms, conditions, and specifications of the CoCs for 
the approved cask model it uses. Section 72.7 allows the Commission to 
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

[[Page 14136]]

and security, and is otherwise in the public interest. As explained in 
the following discussion, the proposed exemption will not endanger life 
or property, or the common defense and security, and is otherwise in 
the public interest. Issuance of this exemption is consistent with the 
Atomic Energy Act of 1954, as amended, and not otherwise inconsistent 
with NRC's regulations or other applicable laws. Therefore, issuance of 
the exemption is authorized by law.

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

    Approval of this exemption request will allow EGC to load and store 
the 18 thoria rods in the DNPS Unit 1 thoria rod canister within a 
Holtec HI-STORM 100 MPC-68M. As discussed in the following section, the 
NRC staff finds that EGC's proposal to load and store thoria rods is 
acceptable and will not endanger life or property or common defense and 
security.
Review of the Requested Exemption
    The addition of the MPC-68M to the list of approved storage cask 
designs for the Holtec HI-STORM 100 system was reviewed previously and 
approved by the NRC. The CoC and safety evaluation report (SER) for 
Amendment 8 were issued on May 10, 2012, corrected on November 12, 
2012, and revised on February 16, 2016. Amendment No. 8 added the MPC-
68M canister, two new boiling water reactor (BWR) fuel assembly/array 
classes, a new pressurized-water reactor fuel assembly/array class, and 
revised Condition No. 3 in the certificate to include leak testing of 
the confinement boundary base material in addition to confinement 
welds. Amendment 8 also made other administrative changes. Thoria rods/
assemblies were not considered in Amendment No. 8 for the MPC-68M, 
however they have been approved for storage in the MPC-68, MPC-68F and 
MPC-68FF in Amendment No. 1.
    The applicant stated that the design characteristics of the thoria 
rods in the exemption request are the same as those approved for 
storage in the MPC-68, MPC-68F and MPC-68FF. The characteristics of 
these rods are specified in CoC No. 1014, Amendment No. 8, Revision No. 
1, Appendix B, Table 2.1-1, Section II, ``MPC MODEL: MPC-68F,'' Item 
A.7 and Section III, ``MPC MODEL: MPC-68 and MPC-68FF,'' Item A.3. In 
addition, the applicant cited the Safety Analysis Report (SAR) for CoC 
No. 1014, Amendment No. 8, and the NRC staff's corresponding SER dated 
May 10, 2012, which documented the NRC staff's basis for approval of 
Amendment No. 8, to support the exemption request.
    The NRC staff reviewed the requested exemption and determined that 
it does not change the fundamental design, components, or safety 
features of the storage system. The NRC staff evaluated the applicable 
potential safety impacts of granting the exemption to assess the 
potential for any danger to life or property or the common defense and 
security. Specifically, the NRC staff reviewed the applicant's 
structural integrity, thermal, confinement, shielding, and criticality 
evaluations for the proposed exemption.
    Structural Review for the Requested Exemption: The NRC staff 
reviewed the exemption request including the documents referenced by 
the applicant. Specifically, the NRC staff reviewed the design 
characteristics of thoria rods and canister limits provided by the 
applicant in its June 8, 2015, response to NRC's request for additional 
information (RAI) dated May 8, 2015, and verified that the thoria rods 
and canister limits are the same as those previously approved in 
Amendment No. 1 to CoC 1014. In its review of Amendment No. 8, the NRC 
staff determined that the structural analysis presented in ``HI-STORM 
Topical Safety Analysis Report (TSAR),'' Holtec Report HI-951312, Rev. 
11, as supplemented on July 3, 2001, August 13 and 17, and October 5, 
12, and 19, 2001, demonstrated that the thoria rod canister was 
structurally adequate to support the loads during normal lifting 
operations, normal and off-normal conditions, as well as during 
postulated-accident conditions.
    Based on the NRC staff's review of the physical characteristics of 
the thoria rods, thoria canister and MPC-68M canister, the NRC staff 
concludes that the proposed storage of thoria rods in an MPC-68M will 
be bounded by the previously approved structural analysis for MPC-68M 
because the thoria rods and canister limits are the same as those 
previously approved in Amendment No. 1 to CoC 1014. Therefore, the NRC 
staff has reasonable assurance that the structural adequacy of the MPC-
68M for the intended purpose will be maintained, as documented in the 
NRC staff's SER for Amendment No. 8 to CoC 1014.
    Thermal Review for the Requested Exemption: The decay heat per DNPS 
Unit 1 thoria rod canister is less than or equal to 115 watts, which is 
significantly lower than the maximum allowable decay heat limit of 393 
watts per fuel storage location for damaged fuel and fuel debris, as 
specified in Amendment No. 8 to CoC 1014. In addition, the exemption, 
does not change the cask decay heat distribution due to the lower decay 
heat of the DNPS Unit 1 thoria rod canister. Accordingly, the decay 
heat analyses reviewed and approved by the NRC staff in Amendment 8 are 
bounding.
    The applicant referenced the previous Holtec thermal evaluation of 
the MPC-68M for Amendment No. 8 to CoC 1014 to show that it has lower 
maximum temperatures (i.e., fuel cladding, basket, and MPC shell) than 
the maximum temperatures of Holtec's thermal evaluation for the MPC-68 
canister. Holtec stated that this is due to the higher thermal 
conductivity of the Metamic-HT basket material, the use of full length 
aluminum basket shims, and the higher emissivities of the basket and 
basket shims. Based on the NRC staff's review of the exemption request 
and the references cited therein, the NRC staff finds acceptable the 
small decay heat contribution of the thoria rods, when compared with 
the design basis-heat load for failed fuel. In addition, the NRC staff 
finds that the thermal effects of an MPC-68M basket design loaded with 
one DNPS Unit 1 thoria rod canister is bounded by previous thermal 
analysis. Therefore, if one DNPS Unit 1 thoria rod canister is included 
in an MPC-68M, the NRC staff concludes that the fuel cladding 
temperature of the MPC-68M and its contents are bounded by those NRC 
reviewed and approved for CoC 1014, Amendment No. 8.
    The applicant stated that the cladding hoop stress for the thoria 
rods, during vacuum drying, is similar to the stresses expected in 
uranium dioxide (UO2) rods stored in an MPC-68M. The 
applicant also stated it does not plan to load high burnup fuel, i.e., 
fuel with an average burnup exceeding 45,000 MWD/MTU, in the MPC-68M 
that contains the thoria rod canister. The applicant stated that this 
would result in a decay heat below the design basis decay heat and, 
therefore a lower design basis fuel temperature compared to the value 
reported in Table 4.III.5 of the HI-STORM 100 FSAR, Revision 11, during 
vacuum drying operations. Based on the lower decay heat and similar 
expected cladding hoop stress for the thoria rods during vacuum drying, 
the NRC staff finds that the vacuum drying time limits in CoC 1014, 
Amendment No. 8, Revision No. 1, Technical Specifications, which were 
not necessary for the MPC-68M in CoC 1014, Amendment No. 8, Revision 
No. 1, are also not necessary for the MPC-68M with the inclusion of the 
DNPS Unit 1 thoria rod canister. Consistent with EGC's request, this 
exemption does not authorize the loading and storage of

[[Page 14137]]

high burnup fuel in the MPC-68M if the DNPS Unit 1 thoria rod canister 
is loaded in the MPC-68M. Accordingly, the NRC staff finds that the 
cask loaded with 1 thoria rod canister will continue to meet applicable 
thermal requirements.
    Confinement Review for the Requested Exemption: EGC stated that the 
design of the MPC-68M confinement boundary, which includes the vent and 
drain ports, is unchanged by the exemption request. In addition, EGC 
stated that the exemption would not change the short-term cask 
operations, including draining of the MPC, welding of the lid, drying 
and backfilling with inert gas, and handling of the MPC that were 
approved in Amendment No. 8 to CoC No. 1014. Since this exemption would 
not change the design aspects, including a leak tight confinement 
boundary (leak tight is defined as <=1 x 1-\7\ ref-cc/sec, 
as defined by American National Standards Institute (ANSI) N14.5, 
``Radioactive Materials--Leakage Tests on Packages for Shipment''), 
from those previously reviewed and approved by the NRC, the confinement 
characteristics will continue to be adequately maintained.
    Shielding Review for the Requested Exemption: The NRC staff 
reviewed the exemption request and the applicant's RAI response. EGC is 
relying on NRC's previous approval of Amendment Nos. 1 and 8 to CoC No. 
1014 to conclude that offsite doses from a storage cask containing a 
single thoria rod canister along with 67design basis 6x6 Dresden Unit 1 
fuel assemblies are is the same as or bounded by previous analyses and 
did not perform any additional analysis for this exemption. The 
applicant cites the shielding analysis of the thoria rods as previously 
documented in ``HI-STORM TSAR,'' HOLTEC Report HI-951312, Rev. 11, and 
approved by the NRC staff in CoC 1014, Amendment No. 1 and documented 
in the NRC staff's SER dated July 18, 2002. Sections 5.2.6 and 5.4.8 of 
the Holtec TSAR includes Holtec's analysis of the thoria rods, and 
presents a summary of the neutron and photon sources in Tables 5.2-7, 
5.2-19, 5.2-37, and 5.2-38. EGC stated that the neutron source for the 
thoria rods remains below that of the design basis fuel assembly. EGC 
also stated that the photon source for the thoria rods is bounded by 
the design basis fuel assembly except in the 2.5-3.0 MeV energy range. 
To demonstrate that the gamma dose rate from the thoria rods is bounded 
by the design-basis BWR fuel, EGC referred to Holtec's TSAR for 
Amendment No. 1, which, according to Holtec, conservatively assumed 68 
thoria rod canisters were present in the MPC, even though only one 
thoria rod canister exists on the DNPS site. Holtec's dose rate 
evaluation showed that the external dose rate for a HI-STORM 100 cask 
loaded with 68 thoria rod canisters, each with 18 Thoria rods, was 17 
percent higher than a canister filled with design-basis fuel. In its 
SER for approval of Amendment No. 1, the NRC staff considered the 
conservatisms built into Holtec's dose rate analysis and concluded that 
a single thoria rod canister would not likely result in a dose rate 
increase for a MPC-68M canister loaded with 67 BWR spent fuel 
assemblies and a single thoria rod canister containing up to 18 thoria 
rods.
    Subsequently, in its review of Amendment 8, the NRC staff reviewed 
the impact from the MPC-68M basket on external dose rates compared to 
the borated baskets for the other MPC-68 canisters. Considering that 
the outer loaded assemblies provide significant shielding of the 
innermost assemblies, the NRC staff determined that the dose rate is 
dominated by the peripherally loaded assemblies. The NRC staff, using 
MicroShield[supreg], calculated dose rates with the two 
different basket materials. Based on the results of this calculation, 
the NRC staff found that the canister and overpack were the components 
most critical to shielding. Additionally, in the SER for Amendment No. 
8, NRC staff concluded that Holtec showed that the shielding provided 
by the MPC-68M did not significantly change from the MPC-68 canister, 
since neither the canister shell nor the overpack changed and the 
Metamic-HT basket would have negligible impact on external dose rates.
    In prior NRC staff reviews of Amendment Nos. 1 and 8, the NRC staff 
concluded that the Metamic-HT basket in the MPC-68M has very little 
effect on the external dose rate; and a single thoria rod canister, 
while unbounded in the 2.5-3.0 MeV energy range, will not impact cask 
external dose rates. Accordingly, NRC staff has reasonable assurance 
that off-site doses from the presence of a single, thoria rod canister 
in an MPC-68M loaded with design-basis fuel with the same 
characteristics as those approved for the MPC-68, MPC-68F and MPC-68FF 
will not increase when compared to a canister loaded with 68 design-
basis fuel assemblies. Therefore, such a canister will continue to meet 
applicable offsite dose requirements.
    Criticality Review for the Requested Exemption: The NRC staff 
reviewed the exemption request and the applicant's RAI response. The 
applicant initially only cited the criticality analysis of the thoria 
rods previously documented in ``HI-STORM TSAR'', Holtec Report HI-
951312, Rev. 11, and documented in the NRC staff's SER dated July 18, 
2002, which was the basis for approval of Amendment No. 1 to CoC No. 
1014. In Section 6.4.6 of the TSAR, Holtec shows that the reactivity of 
the thoria rods remains below that of the design-basis fuel assembly 
reactivity, which is summarized in Holtec TSAR Tables 6.1.7 and 6.1.8. 
The NRC staff did not analyze any impact the thoria rods might have on 
criticality during its review of the Holtec TSAR as the components 
important to criticality control in the MPC-68 and MPC-68FF remained 
unchanged from its prior review of the HI-STAR Amendment No. 1. This is 
not the case with the MPC-68M.
    In its June 8, 2015 response to additional information, the 
applicant cited the NRC staff's basis for approval of CoC 1014, 
Amendment No. 8 in its SER dated May 10, 2012, to support this 
exemption request. The applicant noted several advantages that Metamic-
HT has over older basket designs. Among them are the inability of the 
neutron absorber material to detach or relocate, and the presence of 
absorber material along the entire length of the basket, rather than a 
fixed, discrete section. During its review of Amendment No. 8, NRC 
staff noted that the applicant's analysis resulted in a large margin to 
criticality and concluded that the use of the existing fuel assemblies 
authorized in the CoC within the Metamic-HT basket in the MPC-68M would 
remain subcritical.
    Two prior NRC staff reviews of amendments (HI-STORM Amendment Nos. 
1 and 8) have found the Metamic-HT basket in the MPC-68M to be at least 
as effective as those in the MPC-68 and MPC-68FF. In addition, these 
reviews found that a thoria rod canister is less reactive than the 
spent fuel assemblies currently authorized in CoC 1014. Based on its 
consideration of these previous approvals, NRC staff concludes that the 
presence of a single, thoria rod canister in an MPC-68M is bounded by 
prior analyses of existing, authorized contents.
    Review of Common Defense and Security: The NRC staff also 
considered potential impacts of granting the exemption on the common 
defense and security. The requested exemption is not related to any 
security or common defense aspect of the DNPS ISFSI, therefore granting 
the exemption would not result in any potential impacts to common 
defense and security.
    Based on its review, the NRC staff has reasonable assurance that in 
granting the exemption, the storage system will

[[Page 14138]]

continue to meet the requirements of 10 CFR part 72 and the offsite 
dose limits of 10 CFR part 20 and, therefore, will not endanger life or 
property. The NRC staff also finds that the exemption would not 
endanger common defense and security.

C. Otherwise in the Public Interest

    In considering whether granting the exemption is in the public 
interest, the NRC staff considered the alternative of not granting the 
exemption. If the exemption was not granted, in order to comply with 
the CoC, the DNPS Unit 1 thoria rod canister containing the 18 thoria 
rods would not be loaded during the 2016 spent fuel loading campaign 
(SFLC). The applicant maintains that loading the thoria rod canister 
during the 2016 DNPS SFLC is part of a program to ensure full core 
discharge capability.
    EGC stated that granting the exemption is in the public interest 
since it will permit storage of the thoria rods in an inherently safe 
and passive system. Additionally, EGC stated that granting the 
exemption would permit this storage without the burden and impact of 
requesting an amendment to the CoC. Not granting the exemption would 
require Holtec to submit an amendment to the CoC, which would delay the 
DNPS program to ensure full core discharge capability and impact future 
loadings. In addition to allowing DNPS to continue with its program to 
ensure full core discharge capability on schedule, based on its review 
of EGC's request, the NRC staff concludes that allowing thoria rods 
with the same characteristics as those approved for the MPC-68, MPC-68F 
and MPC-68FF as an approved content in the MPC-68M would continue to 
provide adequate protection of public health and safety. Therefore, 
granting the exemption is otherwise in the public interest.

D. Environmental Considerations

    The NRC staff also considered whether there would be any 
significant environmental impacts associated with the exemption. For 
this proposed action, the NRC staff performed an environmental 
assessment pursuant to 10 CFR 51.30. The environmental assessment 
concluded that the proposed action would not significantly impact the 
quality of the human environment. The NRC staff concluded that the 
proposed action would not result in any changes in the types or amounts 
of any radiological or non-radiological effluents that may be released 
offsite, and there is no significant increase in occupational or public 
radiation exposure because of the proposed action. The Environmental 
Assessment and the Finding of No Significant Impact was published on 
March 4, 2016 (81 FR 11603).

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
72.7, 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 EGC an 
exemption from 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 terms, conditions, and specifications of 
the CoC only with regard to storage of DNPS Unit 1 thoria rods with the 
same characteristics as those specified for storage in the MPC-68, MPC-
68F and MPC-68FF in CoC No. 1014, Amendment No. 8, Revision No. 1, 
Appendix B, Table 2.1-1, Section II, ``MPC MODEL: MPC-68F,'' Item A.7 
and Section III, ``MPC MODEL: MPC-68 and MPC-68FF,'' Item A.3 in the 
MPC-68M using the Holtec[supreg] CoC No. 1014, Amendment No. 
8, Revision No. 1. This exemption does not authorize loading in a 
canister with other spent fuel which has an average burnup exceeding 
45,000 MWD/MTU.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the methods indicated in the 
ADDRESSES section.

------------------------------------------------------------------------
             Document                       ADAMS Accession No.
------------------------------------------------------------------------
Exelon Generation Company (EGC)    ML15029A334.
 application dated January 29,
 2015.
EGC supplement dated June 8, 2015  ML15159A745.
CoC 1014 Amendment 8, Revision 1.  ML16041A233.
Amendment No. 8 CoC and SER        ML12132A028.
 issued on May 10, 2012.
Amendment No 8 correction (CoC     ML12213A203.
 and SER) issued on November 12,
 2012.
Amendment No. 8, Revision No. 1    ML16041A233.
 issued on February 10, 2016.
``HI-STORM Topical Safety          ML003748149, ML072420266,
 Analysis Report (TSAR),'' Holtec   ML003748010, ML003747975, and
 Report HI-951312, Rev. 11          ML003747995.
 (Holtec amendment 1 request)
 dated August 31, 2000.
July 3, 2001 supplement to Holtec  ML011900259.
 amendment 1 request.
August 13, 2001 supplement to      ML012260436.
 Holtec amendment 1 request.
August 17, 2001 supplement to      ML012330523.
 Holtec amendment 1 request.
October 5, 2001, supplement to     ML012830522.
 Holtec amendment 1 request.
October 12, 2001, supplement to    ML012900007.
 Holtec amendment 1 request.
October 19, 2001, supplement to    ML020150094.
 Holtec amendment 1 request.
NRC's request for additional       ML15128A088.
 information dated May 8, 2015.
Amendment No. 1 to CoC 1014......  ML022000176.
HI-STORM 100 FSAR, Revision 11...  ML13246A040.
ANSI N14.5, ``Radioactive          Accessible from American National
 Materials--Leakage Tests on        Standards Institute.
 Packages for Shipment''.
HI-STAR Amendment No. 1..........  ML003780760.
------------------------------------------------------------------------


[[Page 14139]]

    The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 8th day of March, 2016.
    For the Nuclear Regulatory Commission.
Steve Ruffin,
Acting Branch Chief, Spent Fuel Licensing Branch, Division of Spent 
Fuel Management, Office of Nuclear Material Safetyand Safeguards.
[FR Doc. 2016-05955 Filed 3-15-16; 8:45 am]
 BILLING CODE 7590-01-P
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