Independent Spent Fuel Storage Installation; Yankee Atomic Electric Company, 41067-41070 [2020-14651]
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Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices
meeting link to Kathleen McCloud at the
following email address: kmccloud@
nsf.gov.
Type of Meeting: Open.
Contact Person: Leighann Martin,
National Science Foundation, 2415
Eisenhower Avenue, Room C 9000,
Alexandria, Virginia 22314; Telephone:
703/292–4659.
Summary of Minutes: Minutes and
meeting materials will be available on
the MPS Advisory Committee website at
https://www.nsf.gov/mps/advisory.jsp or
can be obtained from the contact person
listed above.
Purpose of Meeting: To provide
advice, recommendations and counsel
on major goals and policies pertaining
to MPS programs and activities.
Agenda
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Wednesday, August 5, 2020
• Call to Order and Official Opening of
the Meeting—Sean Jones, Acting
Assistant Director, MPS
• FACA and COI Briefing—Clark
Cooper/Kathleen McCloud, MPS
• Approval of Prior Meeting Minutes—
Catherine Hunt, MPSAC Chair
• UPDATE: MPS—Sean Jones, Acting
Assistant Director, MPS
• CHE COV Report Presentation—Peter
K. Dorhout, Kansas State University
• CHE COV Report discussion and vote
on acceptance—Catherine Hunt,
MPSAC Chair
• MPS and the Living World
Subcommittee: Revised name, revised
charge, short discussion—Linda
Sapochak, Jennifer Lewis, Catherine
Hunt
• Industries of the Future (IotF):
Artificial Intelligence—Erwin
Gianchandi, Deputy Assistant
Director, CISE
• Preparation for Meeting with NSF
Director and COO
• Closing remarks and adjourn for the
day
Friday, August 7, 2020
• Call to Order and Official Opening of
the 2nd Day—Sean Jones, Acting
Assistant Director, MPS
• Industries of the Future (IotF):
Quantum Information Science—
Denise Caldwell
• Current Events (COVID–19 and other
social issues affecting NSF):
Presentation and discussion—Steve
Meacham (OD/OIA), NSF Recovery
Task Force
• Legislative and Public Affairs that
Affect MPS: Presentation and
discussion—Amanda Greenwell,
Office of Legislative and Public
Affairs
• The Budget Process: Presentation and
discussion—Caitlyn Fife, Budget
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Division, Office of Budget, Finance,
and Award Management (BFA/BD)
• Meeting and discussion with NSF
Director and COO
• Adjourn—Sean Jones, Acting
Assistant Director, MPS
Dated: July 2, 2020.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2020–14672 Filed 7–7–20; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–1025 and 50–029; NRC–
2020–0152]
Independent Spent Fuel Storage
Installation; Yankee Atomic Electric
Company
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption, in response to an May 2,
2019, request from Yankee Atomic
Electric Company (YAEC or licensee),
from NRC’s requirement to comply with
the terms, conditions, and specifications
in Amendment No. 8 of the NAC
International, Inc. (NAC)—MultiPurpose Canister (MPC) System
Certificate of Compliance (CoC) No.
1025, Appendix A ‘‘Technical
Specifications for NAC–MPC System,’’
Technical Specifications (TS) A.5.1
‘‘Training Program’’ and A.5.4
‘‘Radioactive Effluent Control Program’’
at the Yankee Nuclear Power Station
(YNPS) independent spent fuel storage
installation (ISFSI) in Rowe,
Massachusetts. These exemptions
would relieve YAEC from the
requirements to: Develop training
modules under the systems approach to
the training (SAT) program that include
comprehensive instructions for the
operation and maintenance of the ISFSI,
except for the NAC–MPC System; and
submit an annual report specifying the
quantity of each of the principal
radionuclides released to the
environment in liquid and in gaseous
effluents during the previous 12 months
of operation.
DATES: This exemption takes effect on
July 8, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0152 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:
SUMMARY:
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41067
• Federal Rulemaking website: Go to
https://www.regulations.gov/ and search
for Docket ID NRC–2020–0152. Address
questions about NRC docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@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
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room
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 (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document. In addition, for the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
FOR FURTHER INFORMATION CONTACT:
Nishka Devaser, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–5196; email: Nishka.Devaser@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The licensee, YAEC, is the holder of
Facility Operating License No. DPR–3,
which authorizes operation of the YNPS
ISFSI in Rowe, Massachusetts, pursuant
to part 50 of title 10 of the Code of
Federal Regulations (10 CFR). The
facility is in decommissioned status.
The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the NRC
now or hereafter in effect.
Under subpart K of 10 CFR part 72,
a general license has been 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.
Under the terms of the general license,
YAEC stores fifteen NAC–MPC canisters
with spent fuel that are registered under
Amendment No. 5 of the NAC–MPC
CoC No. 1025. On February 5, 2019, the
NRC issued Amendment Nos. 7 and 8 to
CoC No. 1025 for the NAC–MPC
System.
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II. Request/Action
The licensee has requested an
exemption from Amendment No. 8 to
the NAC–MPC System CoC No. 1025,
Appendix A, TS A.5.1 ‘‘Training
Program’’ and from TS A.5.4
‘‘Radioactive Effluent Control Program.’’
YAEC seeks an exemption from (1) the
requirement to develop a SAT that
includes comprehensive instructions for
the operation and maintenance of the
ISFSI and (2) the requirement to submit
an annual report specifying the quantity
of each of the principal radionuclides
released to the environment in liquid
and in gaseous effluents during the
previous 12 months of operation. YAEC
does not seek an exemption from the
requirement to develop a SAT
concerning the NAC–MPC system nor
does it seek exemption from the
requirements associated with the NAC–
MPC effluent reporting program. YAEC
has also requested an exemption from
the requirements of § 72.212(a)(2),
§ 72.212(b)(3), § 72.212(b)(5)(i),
§ 72.212(b)(11), and § 72.214 that
require compliance with the terms,
conditions, and specifications of CoC
No. 1025, Amendment No. 8.
• § 72.212(a)(2) states that the general
license is limited to storage of spent fuel
in casks approved under the provisions
of 10 CFR part 72;
• § 72.212(b)(3) states that the general
licensee must ensure that each cask
used by the general licensee conforms to
the terms, conditions, and specifications
of a CoC or an amended CoC listed in
§ 72.214 (the NAC–MPC CoC No. 1025
is listed in § 72.214);
• § 72.212(b)(5)(i) requires that the
general licensee perform written
evaluations, before use and before
applying the changes authorized by an
amended CoC to a cask loaded under
the initial CoC or an earlier amended
CoC, which establish that the casks,
once loaded with spent fuel or once the
changes authorized by an amended CoC
have been applied, will conform to the
terms, conditions, and specifications of
a CoC or an amended CoC listed in
§ 72.214;
• § 72.212(b)(11) states, in part, that
the licensee shall comply with the
terms, conditions, and specifications of
the CoC and, for those casks to which
the licensee has applied the changes of
an amended CoC, the terms, conditions,
and specifications of the amended CoC;
and
• § 72.214 lists the approved spent
fuel storage casks, which includes CoC
No. 1025 and Amendment No. 8.
The NRC has previously granted the
same exemption to YAEC from the
requirements of CoC No. 1025,
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Amendment No. 4, dated June 6, 2006
(ADAMS Accession No. ML061570027)
and CoC No. 1025, Amendment No. 5,
dated July 15, 2010 (ADAMS Accession
No. ML102020239).
III. Discussion
Pursuant to § 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
provided the exemptions are authorized
by law and will not endanger life or
property or the common defense and
security and are otherwise in the public
interest.
A. The Exemption Is Authorized by Law
This exemption would permit the
registration of YAEC’s fifteen NAC–MPC
canisters storing spent nuclear fuel to
Amendment No. 8 of the CoC No. 1025
for the NAC–MPC System without (1)
requiring the licensee to develop
training modules under its SAT that
includes comprehensive instructions for
the operation and maintenance of the
ISFSI, except for the NAC–MPC System
and (2) requiring the licensee to submit
an annual report specifying the quantity
of each of the principal radionuclides
released to the environment in liquid
and in gaseous effluents during the
previous 12 months of operation, except
for the NAC–MPC System.
The provisions in 10 CFR part 72 from
which the licensee is requesting an
exemption require the licensee to
comply with the terms, conditions, and
specifications of the CoC. Section 72.7
allows the NRC to grant exemptions
from the requirements of 10 CFR part
72. As explained below, the proposed
exemption will not endanger life or
property, or the common defense and
security, and is otherwise in the public
interest. 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, the
exemption is authorized by law.
B. The Exemption Is Will Not Endanger
Life or Property or the Common Defense
and Security
This exemption would relieve the
licensee from (1) meeting Appendix A
‘‘Technical Specifications for NAC–
MPC System,’’ TS A.5.1 ‘‘Training
Program,’’ which requires the
development of training modules under
its SAT that include comprehensive
instructions for the operation and
maintenance of the ISFSI, except for the
NAC–MPC System and (2) meeting
Appendix A ‘‘Technical Specifications
for NAC–MPC System,’’ TS A.5.4
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‘‘Radioactive Effluent Control Program,’’
which requires submission of an annual
report specifying the quantity of each of
the principal radionuclides released to
the environment in liquid and in
gaseous effluents during the previous 12
months of operation. The NRC approved
the use of the NAC–MPC System in CoC
No. 1025 on April 10, 2000. This
constituted NRC approval of the
conditions for use in storing spent fuel
under the general license provisions of
§ 72.210.
The NRC evaluated the impact to
public health and safety that would
result from granting the proposed
action. The approval of the proposed
action would not increase the
probability or consequences of
accidents, no changes would be made to
the types of effluents released offsite,
and there would be no increase in
occupational or public radiation
exposure. Therefore, there are no
significant radiological environmental
impacts associated with the proposed
action. Additionally, the proposed
action would not involve any
construction or other ground disturbing
activities, would not change the
footprint of the existing ISFSI, and
would have no other significant nonradiological impacts. In this regard, and
as the ISFSI is located on previously
disturbed land, it is extremely unlikely
that approval of the proposed action
would create any significant impact on
the aquatic or terrestrial habitat near the
plant, or to threatened, endangered, or
protected species under the Endangered
Species Act, or to essential fish habitat
covered by the Magnuson-Stevens Act.
Similarly, approval of the proposed
action is not the type of activity that has
the potential to cause effects on historic
or cultural properties, assuming such
properties are present at the site of the
YNPS ISFSI. On this basis, the staff
concludes that the proposed exemption
does not pose an increased risk to
public health and safety and therefore
the exemption will not endanger life or
property or the common defense and
security.
C. The Exemption Is Otherwise in the
Public Interest
As noted above, this exemption was
previously approved in 2006 and
reapproved in 2010. Continuing to
apply the exemptions would provide for
consistent and efficient regulation of the
NAC–MPC System at the YNPS ISFSI.
Further, the alternative of denying the
exemption request would impose an
administrative burden on YAEC and the
NRC that would not provide a
significant safety benefit. The requested
exemption does not change the
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Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices
fundamental design, components,
contents, or safety features of the storage
system. Therefore, granting the
exemption is otherwise in the public
interest.
D. Environmental Consideration
The NRC staff also considered in the
review of this exemption request
whether there would be any significant
environmental impacts associated with
the exemption. The NRC staff
determined that this proposed action
fits a category of actions that do not
require an environmental assessment or
environmental impact statement.
Specifically, the exemption meets the
categorical exclusion in § 51.22(c)(25).
Granting an exemption from
requirements of § 72.212(a)(2),
§ 72.212(b)(3), § 72.212(b)(5)(i),
§ 72.212(b)(11), and § 72.214 and from
the training program requirement in the
TS at Appendix A, Section A.5.1
relieves the licensee only from the
requirement to develop training
modules under its SAT, that include
comprehensive instructions for the
operation and maintenance of the ISFSI,
except for the NAC–MPC System. A
categorical exclusion for education,
training, experience, qualification,
requalification or other employment
suitability requirements is provided
under § 51.22(c)(25)(vi)(E) if the criteria
in § 51.22(c)(25)(i)–(v) are also satisfied.
In its review of the exemption request,
the NRC staff determined, as discussed
above, that, under §§ 51.22(c)(25)(i)–(v):
(i) Granting the exemption does not
involve a significant hazards
consideration because granting the
exemption neither reduces a margin of
safety, creates a new or different kind of
accident from any accident previously
evaluated, nor significantly increases
either the probability or consequences
of an accident previously evaluated; (ii)
granting the exemption would not
produce a significant change in either
the types or amounts of any effluents
that may be released offsite because the
requested exemption neither changes
the effluents nor produces additional
avenues of effluent release; (iii) granting
the exemption would not result in a
significant increase in either
occupational radiation exposure or
public radiation exposure because the
requested exemption neither introduces
new radiological hazards nor increases
existing radiological hazards; (iv)
granting the exemption would not result
in a significant construction impact
because there are no construction
activities associated with the requested
exemption; and (v) granting the
exemption would not increase either the
potential or consequences from
radiological accidents. Accordingly, this
exemption meets the criteria for a
categorical exclusion in
§ 51.22(c)(25)(vi)(E).
Granting the exemption from the
requirements of § 72.212(a)(2),
§ 72.212(b)(3), § 72.212(b)(5)(i),
§ 72.212(b)(11), and § 72.214 and the
reporting requirements of Appendix A,
Section A.5.4 relieves the licensee only
from the requirement to submit an
annual report specifying the quantity of
each of the principal radionuclides
released to the environment in liquid
and in gaseous effluents during the
previous 12 months of operation, except
for the NAC–MPC System. A categorical
exclusion for reporting requirements is
provided under § 51.22(c)(25)(vi)(B) if
the criteria in § 51.22(c)(25)(i)–(v) are
also satisfied. In its review of the
exemption request, the NRC staff
determined, as discussed above, that,
under §§ 51.22(c)(25)(i)–(v): (i) Granting
the exemption does not involve a
significant hazards consideration
because granting the exemption neither
reduces a margin of safety, creates a new
or different kind of accident from any
accident previously evaluated, nor
significantly increases either the
probability or consequences of an
accident previously evaluated; (ii)
granting the exemption would not
produce a significant change in either
the types or amounts of any effluents
that may be released offsite because the
requested exemption neither changes
the effluents nor produces additional
avenues of effluent release; (iii) granting
the exemption would not result in a
significant increase in either
occupational radiation exposure or
public radiation exposure because the
requested exemption neither introduces
new radiological hazards nor increases
existing radiological hazards; (iv)
granting the exemption would not result
in a significant construction impact
because there are no construction
activities associated with the requested
exemption; and (v) granting the
exemption would not increase either the
potential or consequences from
radiological accidents. Accordingly, this
exemption meets the criteria for a
categorical exclusion in
§ 51.22(c)(25)(vi)(B).
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
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Document
ADAMS accession No.
YAEC Letter to NRC, ‘‘Request for Exemption from Certain Requirements of 10 CFR 72.212 and 10 CFR 72.214
for the Yankee Nuclear Power Station Independent Spent Fuel Storage Installation,’’ May 2, 2019.
NRC Letter to NAC, ‘‘Amendment Nos. 7 and 8 to Certificate of Compliance No. 1025 for the NAC-Multi Purpose
Canister Storage System,’’ February 5, 2019.
NRC Letter to YAEC, ‘‘Exemption from 10 CFR 72.212 and 72.214 for Dry Spent Fuel Storage Activities Yankee
Atomic Independent Spent Fuel Storage Installation,’’ June 6, 2006.
NRC Letter to YAEC, ‘‘Exemption from 10 CFR 72.212 and 72.214 for Dry Spent Fuel Storage Activities Yankee
Atomic Independent Spent Fuel Storage Installation,’’ July 15, 2010.
YAEC Letter to NRC, ‘‘Yankee Atomic Electric Company Adoption of NAC–MPC System Amendment 5 Certificate
of Compliance and Canister Registration,’’ July 28, 2011.
NRC Letter to CYAPCO, ‘‘Issuance of Exemption from NAC International Certificate of Compliance No. 1025 Fuel
Specification and Loading Conditions at the Yankee Nuclear Power Station Independent Spent Fuel Storage Installation,’’ February 18, 2016.
NRC Letter to NAC, ‘‘Certificate of Compliance for the NAC International, Inc. Multi-Purpose Canister System,’’
March 17, 2000.
NRC Letter to NAC, ‘‘Amendment No. 3 to Certificate of Compliance No. 1025 for the NAC International, Inc. MultiPurpose Canister (NAC–MPC) System,’’ October 8, 2003.
NRC Letter to NAC, ‘‘Amendment No. 4 to Certificate of Compliance No. 1025 for the NAC International, Inc. MultiPurpose Canister (NAC–MPC) System,’’ October 27, 2004.
NRC Letter to NAC, ‘‘Amendment No. 5 to Certificate of Compliance No. 1025 for the NAC International, Inc. MultiPurpose Canister (NAC–MPC) System,’’ September 19, 2007.
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ML19176A075.
ML19038A256.
ML061570027.
ML102020239.
ML11216A137.
ML16033A150.
ML003704040.
ML032820200.
ML043020224.
ML072700041.
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V. Conclusion
Based on the foregoing
considerations, the NRC staff has
determined that, pursuant to § 72.7, the
exemption is authorized by law, will not
endanger life or property or the common
defense and security, and is otherwise
in the public interest. Therefore, the
NRC grants the licensee an exemption
from the requirements of § 72.212(a)(2),
§ 72.212(b)(3), § 72.212(b)(5)(i),
§ 72.212(b)(11), and § 72.214 only with
regard to meeting the requirements of
Appendix A, TS A.5.1 and TS A.5.4 of
CoC No. 1025.
This exemption is effective upon
issuance.
Dated: July 2, 2020.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Storage and Transportation Licensing
Branch, Division of Fuel Management, Office
of Nuclear Material Safety, and Safeguards.
[FR Doc. 2020–14651 Filed 7–7–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2019–0164]
Information Collection: Medical Use of
Byproduct Material
Nuclear Regulatory
Commission.
ACTION: Notice of submission to the
Office of Management and Budget;
request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted a request for renewal of an
existing collection of information to the
Office of Management and Budget
(OMB) for review. The information
collection is entitled, ‘‘Medical Use of
Byproduct Material.’’
DATES: Submit comments by August 7,
2020. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
David Cullison, NRC Clearance Officer,
U.S. Nuclear Regulatory Commission,
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SUMMARY:
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Washington, DC 20555–0001; telephone:
301–415–2084; email:
INFOCOLLECTS.Resource@nrc.gov.
SUPPLEMENTARY INFORMATION:
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
I. Obtaining Information and
Submitting Comments
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, 10 CFR part
35, ‘‘Medical Use of Byproduct
Material.’’
The NRC hereby informs potential
respondents that an agency may not
conduct or sponsor, and that a person is
not required to respond to, a collection
of information unless it displays a
currently valid OMB control number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
February 26, 2020 (85 FR 11125).
1. The title of the information
collection: 10 CFR part 35, ‘‘Medical
Use of Byproduct Material.’’
2. OMB approval number: 3150–0010.
3. Type of submission: Extension.
4. The form number if applicable: Not
applicable.
5. How often the collection is required
or requested: Reports of medical events,
doses to an embryo/fetus or nursing
child, or leaking source are reportable
on occurrence. A specialty board
certifying entity desiring to be
recognized by the NRC must submit a
one-time request for recognition and
infrequently revise the information.
6. Who will be required or asked to
respond: Physicians and medical
institutions holding an NRC license
authorizing the administration of
byproduct material or radiation from
this material to humans for medical use.
A specialty board certification entity
desiring to have its certifying process
and board certificate recognized by
NRC.
7. The estimated number of annual
responses: 299,266 (292,182 reporting
responses + 7,019 recordkeepers + 65
third party disclosure responses).
8. The estimated number of annual
respondents: 7,021 (856 NRC licensees +
6,163 Agreement State licensees + 2
specialty board certification entity).
9. An estimate of the total number of
hours needed annually to comply with
the information collection requirement
or request: 1,166,695 hours (69,391
reporting + 1,097,177 recordkeeping +
127 third party disclosure).
10. Abstract: 10 CFR part 35,
‘‘Medical Use of Byproduct Material,’’
contains NRC’s requirements and
provisions for the medical use of
byproduct material and for issuance of
A. Obtaining Information
Please refer to Docket ID NRC–2019–
0164 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0164. A copy
of the collection of information and
related instructions may be obtained
without charge by accessing Docket ID
NRC–2019–0164 on this website.
• 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
‘‘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 supporting statement and
burden spreadsheet are available in
ADAMS under Accession Nos.
ML20128J890 and ML20128J891.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
INFOCOLLECTS.Resource@NRC.GOV.
B. Submitting Comments
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the OMB, then you
should inform those persons not to
include identifying or contact
information that they do not want to be
publicly disclosed in their comment
submission. Your request should state
that comment submissions are not
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[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 41067-41070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14651]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-1025 and 50-029; NRC-2020-0152]
Independent Spent Fuel Storage Installation; Yankee Atomic
Electric Company
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption, in response to an May 2, 2019, request from Yankee Atomic
Electric Company (YAEC or licensee), from NRC's requirement to comply
with the terms, conditions, and specifications in Amendment No. 8 of
the NAC International, Inc. (NAC)--Multi-Purpose Canister (MPC) System
Certificate of Compliance (CoC) No. 1025, Appendix A ``Technical
Specifications for NAC-MPC System,'' Technical Specifications (TS)
A.5.1 ``Training Program'' and A.5.4 ``Radioactive Effluent Control
Program'' at the Yankee Nuclear Power Station (YNPS) independent spent
fuel storage installation (ISFSI) in Rowe, Massachusetts. These
exemptions would relieve YAEC from the requirements to: Develop
training modules under the systems approach to the training (SAT)
program that include comprehensive instructions for the operation and
maintenance of the ISFSI, except for the NAC-MPC System; and submit an
annual report specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation.
DATES: This exemption takes effect on July 8, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0152 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2020-0152. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room reference staff at 1-800-397-4209, 301-415-4737, or by
email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. In addition, for the
convenience of the reader, the ADAMS accession numbers are provided in
a table in the ``Availability of Documents'' section of this document.
FOR FURTHER INFORMATION CONTACT: Nishka Devaser, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-5196; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The licensee, YAEC, is the holder of Facility Operating License No.
DPR-3, which authorizes operation of the YNPS ISFSI in Rowe,
Massachusetts, pursuant to part 50 of title 10 of the Code of Federal
Regulations (10 CFR). The facility is in decommissioned status. The
license provides, among other things, that the facility is subject to
all rules, regulations, and orders of the NRC now or hereafter in
effect.
Under subpart K of 10 CFR part 72, a general license has been
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. Under the terms of the general license, YAEC
stores fifteen NAC-MPC canisters with spent fuel that are registered
under Amendment No. 5 of the NAC-MPC CoC No. 1025. On February 5, 2019,
the NRC issued Amendment Nos. 7 and 8 to CoC No. 1025 for the NAC-MPC
System.
[[Page 41068]]
II. Request/Action
The licensee has requested an exemption from Amendment No. 8 to the
NAC-MPC System CoC No. 1025, Appendix A, TS A.5.1 ``Training Program''
and from TS A.5.4 ``Radioactive Effluent Control Program.'' YAEC seeks
an exemption from (1) the requirement to develop a SAT that includes
comprehensive instructions for the operation and maintenance of the
ISFSI and (2) the requirement to submit an annual report specifying the
quantity of each of the principal radionuclides released to the
environment in liquid and in gaseous effluents during the previous 12
months of operation. YAEC does not seek an exemption from the
requirement to develop a SAT concerning the NAC-MPC system nor does it
seek exemption from the requirements associated with the NAC-MPC
effluent reporting program. YAEC has also requested an exemption from
the requirements of Sec. 72.212(a)(2), Sec. 72.212(b)(3), Sec.
72.212(b)(5)(i), Sec. 72.212(b)(11), and Sec. 72.214 that require
compliance with the terms, conditions, and specifications of CoC No.
1025, Amendment No. 8.
Sec. 72.212(a)(2) states that the general license is
limited to storage of spent fuel in casks approved under the provisions
of 10 CFR part 72;
Sec. 72.212(b)(3) states that the general licensee must
ensure that each cask used by the general licensee conforms to the
terms, conditions, and specifications of a CoC or an amended CoC listed
in Sec. 72.214 (the NAC-MPC CoC No. 1025 is listed in Sec. 72.214);
Sec. 72.212(b)(5)(i) requires that the general licensee
perform written evaluations, before use and before applying the changes
authorized by an amended CoC to a cask loaded under the initial CoC or
an earlier amended CoC, which establish that the casks, once loaded
with spent fuel or once the changes authorized by an amended CoC have
been applied, will conform to the terms, conditions, and specifications
of a CoC or an amended CoC listed in Sec. 72.214;
Sec. 72.212(b)(11) states, in part, that the licensee
shall comply with the terms, conditions, and specifications of the CoC
and, for those casks to which the licensee has applied the changes of
an amended CoC, the terms, conditions, and specifications of the
amended CoC; and
Sec. 72.214 lists the approved spent fuel storage casks,
which includes CoC No. 1025 and Amendment No. 8.
The NRC has previously granted the same exemption to YAEC from the
requirements of CoC No. 1025, Amendment No. 4, dated June 6, 2006
(ADAMS Accession No. ML061570027) and CoC No. 1025, Amendment No. 5,
dated July 15, 2010 (ADAMS Accession No. ML102020239).
III. Discussion
Pursuant to Sec. 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 provided the
exemptions are authorized by law and will not endanger life or property
or the common defense and security and are otherwise in the public
interest.
A. The Exemption Is Authorized by Law
This exemption would permit the registration of YAEC's fifteen NAC-
MPC canisters storing spent nuclear fuel to Amendment No. 8 of the CoC
No. 1025 for the NAC-MPC System without (1) requiring the licensee to
develop training modules under its SAT that includes comprehensive
instructions for the operation and maintenance of the ISFSI, except for
the NAC-MPC System and (2) requiring the licensee to submit an annual
report specifying the quantity of each of the principal radionuclides
released to the environment in liquid and in gaseous effluents during
the previous 12 months of operation, except for the NAC-MPC System.
The provisions in 10 CFR part 72 from which the licensee is
requesting an exemption require the licensee to comply with the terms,
conditions, and specifications of the CoC. Section 72.7 allows the NRC
to grant exemptions from the requirements of 10 CFR part 72. As
explained below, the proposed exemption will not endanger life or
property, or the common defense and security, and is otherwise in the
public interest. 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, the
exemption is authorized by law.
B. The Exemption Is Will Not Endanger Life or Property or the Common
Defense and Security
This exemption would relieve the licensee from (1) meeting Appendix
A ``Technical Specifications for NAC-MPC System,'' TS A.5.1 ``Training
Program,'' which requires the development of training modules under its
SAT that include comprehensive instructions for the operation and
maintenance of the ISFSI, except for the NAC-MPC System and (2) meeting
Appendix A ``Technical Specifications for NAC-MPC System,'' TS A.5.4
``Radioactive Effluent Control Program,'' which requires submission of
an annual report specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation. The NRC approved
the use of the NAC-MPC System in CoC No. 1025 on April 10, 2000. This
constituted NRC approval of the conditions for use in storing spent
fuel under the general license provisions of Sec. 72.210.
The NRC evaluated the impact to public health and safety that would
result from granting the proposed action. The approval of the proposed
action would not increase the probability or consequences of accidents,
no changes would be made to the types of effluents released offsite,
and there would be no increase in occupational or public radiation
exposure. Therefore, there are no significant radiological
environmental impacts associated with the proposed action.
Additionally, the proposed action would not involve any construction or
other ground disturbing activities, would not change the footprint of
the existing ISFSI, and would have no other significant non-
radiological impacts. In this regard, and as the ISFSI is located on
previously disturbed land, it is extremely unlikely that approval of
the proposed action would create any significant impact on the aquatic
or terrestrial habitat near the plant, or to threatened, endangered, or
protected species under the Endangered Species Act, or to essential
fish habitat covered by the Magnuson-Stevens Act. Similarly, approval
of the proposed action is not the type of activity that has the
potential to cause effects on historic or cultural properties, assuming
such properties are present at the site of the YNPS ISFSI. On this
basis, the staff concludes that the proposed exemption does not pose an
increased risk to public health and safety and therefore the exemption
will not endanger life or property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
As noted above, this exemption was previously approved in 2006 and
reapproved in 2010. Continuing to apply the exemptions would provide
for consistent and efficient regulation of the NAC-MPC System at the
YNPS ISFSI. Further, the alternative of denying the exemption request
would impose an administrative burden on YAEC and the NRC that would
not provide a significant safety benefit. The requested exemption does
not change the
[[Page 41069]]
fundamental design, components, contents, or safety features of the
storage system. Therefore, granting the exemption is otherwise in the
public interest.
D. Environmental Consideration
The NRC staff also considered in the review of this exemption
request whether there would be any significant environmental impacts
associated with the exemption. The NRC staff determined that this
proposed action fits a category of actions that do not require an
environmental assessment or environmental impact statement.
Specifically, the exemption meets the categorical exclusion in Sec.
51.22(c)(25).
Granting an exemption from requirements of Sec. 72.212(a)(2),
Sec. 72.212(b)(3), Sec. 72.212(b)(5)(i), Sec. 72.212(b)(11), and
Sec. 72.214 and from the training program requirement in the TS at
Appendix A, Section A.5.1 relieves the licensee only from the
requirement to develop training modules under its SAT, that include
comprehensive instructions for the operation and maintenance of the
ISFSI, except for the NAC-MPC System. A categorical exclusion for
education, training, experience, qualification, requalification or
other employment suitability requirements is provided under Sec.
51.22(c)(25)(vi)(E) if the criteria in Sec. 51.22(c)(25)(i)-(v) are
also satisfied. In its review of the exemption request, the NRC staff
determined, as discussed above, that, under Sec. Sec. 51.22(c)(25)(i)-
(v): (i) Granting the exemption does not involve a significant hazards
consideration because granting the exemption neither reduces a margin
of safety, creates a new or different kind of accident from any
accident previously evaluated, nor significantly increases either the
probability or consequences of an accident previously evaluated; (ii)
granting the exemption would not produce a significant change in either
the types or amounts of any effluents that may be released offsite
because the requested exemption neither changes the effluents nor
produces additional avenues of effluent release; (iii) granting the
exemption would not result in a significant increase in either
occupational radiation exposure or public radiation exposure because
the requested exemption neither introduces new radiological hazards nor
increases existing radiological hazards; (iv) granting the exemption
would not result in a significant construction impact because there are
no construction activities associated with the requested exemption; and
(v) granting the exemption would not increase either the potential or
consequences from radiological accidents. Accordingly, this exemption
meets the criteria for a categorical exclusion in Sec.
51.22(c)(25)(vi)(E).
Granting the exemption from the requirements of Sec. 72.212(a)(2),
Sec. 72.212(b)(3), Sec. 72.212(b)(5)(i), Sec. 72.212(b)(11), and
Sec. 72.214 and the reporting requirements of Appendix A, Section
A.5.4 relieves the licensee only from the requirement to submit an
annual report specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation, except for the
NAC-MPC System. A categorical exclusion for reporting requirements is
provided under Sec. 51.22(c)(25)(vi)(B) if the criteria in Sec.
51.22(c)(25)(i)-(v) are also satisfied. In its review of the exemption
request, the NRC staff determined, as discussed above, that, under
Sec. Sec. 51.22(c)(25)(i)-(v): (i) Granting the exemption does not
involve a significant hazards consideration because granting the
exemption neither reduces a margin of safety, creates a new or
different kind of accident from any accident previously evaluated, nor
significantly increases either the probability or consequences of an
accident previously evaluated; (ii) granting the exemption would not
produce a significant change in either the types or amounts of any
effluents that may be released offsite because the requested exemption
neither changes the effluents nor produces additional avenues of
effluent release; (iii) granting the exemption would not result in a
significant increase in either occupational radiation exposure or
public radiation exposure because the requested exemption neither
introduces new radiological hazards nor increases existing radiological
hazards; (iv) granting the exemption would not result in a significant
construction impact because there are no construction activities
associated with the requested exemption; and (v) granting the exemption
would not increase either the potential or consequences from
radiological accidents. Accordingly, this exemption meets the criteria
for a categorical exclusion in Sec. 51.22(c)(25)(vi)(B).
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document ADAMS accession No.
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YAEC Letter to NRC, ``Request for Exemption from Certain ML19176A075.
Requirements of 10 CFR 72.212 and 10 CFR 72.214 for the
Yankee Nuclear Power Station Independent Spent Fuel
Storage Installation,'' May 2, 2019.
NRC Letter to NAC, ``Amendment Nos. 7 and 8 to Certificate ML19038A256.
of Compliance No. 1025 for the NAC-Multi Purpose Canister
Storage System,'' February 5, 2019.
NRC Letter to YAEC, ``Exemption from 10 CFR 72.212 and ML061570027.
72.214 for Dry Spent Fuel Storage Activities Yankee Atomic
Independent Spent Fuel Storage Installation,'' June 6,
2006.
NRC Letter to YAEC, ``Exemption from 10 CFR 72.212 and ML102020239.
72.214 for Dry Spent Fuel Storage Activities Yankee Atomic
Independent Spent Fuel Storage Installation,'' July 15,
2010.
YAEC Letter to NRC, ``Yankee Atomic Electric Company ML11216A137.
Adoption of NAC-MPC System Amendment 5 Certificate of
Compliance and Canister Registration,'' July 28, 2011.
NRC Letter to CYAPCO, ``Issuance of Exemption from NAC ML16033A150.
International Certificate of Compliance No. 1025 Fuel
Specification and Loading Conditions at the Yankee Nuclear
Power Station Independent Spent Fuel Storage
Installation,'' February 18, 2016.
NRC Letter to NAC, ``Certificate of Compliance for the NAC ML003704040.
International, Inc. Multi-Purpose Canister System,'' March
17, 2000.
NRC Letter to NAC, ``Amendment No. 3 to Certificate of ML032820200.
Compliance No. 1025 for the NAC International, Inc. Multi-
Purpose Canister (NAC-MPC) System,'' October 8, 2003.
NRC Letter to NAC, ``Amendment No. 4 to Certificate of ML043020224.
Compliance No. 1025 for the NAC International, Inc. Multi-
Purpose Canister (NAC-MPC) System,'' October 27, 2004.
NRC Letter to NAC, ``Amendment No. 5 to Certificate of ML072700041.
Compliance No. 1025 for the NAC International, Inc. Multi-
Purpose Canister (NAC-MPC) System,'' September 19, 2007.
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[[Page 41070]]
V. Conclusion
Based on the foregoing considerations, the NRC staff has determined
that, pursuant to Sec. 72.7, the exemption is authorized by law, will
not endanger life or property or the common defense and security, and
is otherwise in the public interest. Therefore, the NRC grants the
licensee an exemption from the requirements of Sec. 72.212(a)(2),
Sec. 72.212(b)(3), Sec. 72.212(b)(5)(i), Sec. 72.212(b)(11), and
Sec. 72.214 only with regard to meeting the requirements of Appendix
A, TS A.5.1 and TS A.5.4 of CoC No. 1025.
This exemption is effective upon issuance.
Dated: July 2, 2020.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2020-14651 Filed 7-7-20; 8:45 am]
BILLING CODE 7590-01-P
