Independent Spent Fuel Storage Installation; Yankee Atomic Electric Company, 41067-41070 [2020-14651]

Download as PDF 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 http://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 jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 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: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 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. E:\FR\FM\08JYN1.SGM 08JYN1 41068 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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, VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 ‘‘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 E:\FR\FM\08JYN1.SGM 08JYN1 41069 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. jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1 ML19176A075. ML19038A256. ML061570027. ML102020239. ML11216A137. ML16033A150. ML003704040. ML032820200. ML043020224. ML072700041. 41070 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices 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, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 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 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[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.

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

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.

----------------------------------------------------------------------------------------------------------------
                          Document                                           ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


[[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