Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption, 31226-31229 [2024-08769]

Download as PDF 31226 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments khammond on DSKJM1Z7X2PROD with NOTICES A. Obtaining Information Please refer to Docket ID NRC–2023– 0031 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this action using any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0031. • 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 (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to PDR.Resource@nrc.gov. Draft SiteSpecific Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 26, Second Renewal, Regarding Subsequent License Renewal for Monticello Nuclear Generating Plant, Unit 1, NUREG–1437, is available in ADAMS under Accession No. ML24102A276. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. ET, Monday through Friday, except Federal holidays. • Public Library: A copy of the draft Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 26, Second Renewal, Regarding Subsequent License Renewal for Monticello Nuclear Generating Plant, Unit 1, NUREG–1437, regarding the proposed subsequent renewal of Renewed Facility Operating License Nos. DPR–22, for an additional 20 years of operation for Monticello, will be available for public review at the Monticello Great River Regional Library, 200 W 6th St., Monticello, MN 55362. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2023–0031 in your comment submission. VerDate Sep<11>2014 16:48 Apr 23, 2024 Jkt 262001 The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, 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 the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Discussion The NRC is issuing for public comment draft Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 26, Second Renewal Regarding Subsequent License Renewal for Monticello Nuclear Generating Plant, Unit 1, NUREG–1437, regarding the proposed subsequent renewal of Renewed Facility Operating License No. DPR–22, for an additional 20 years of operation for Monticello. Draft SiteSpecific Supplement 26, Second Renewal, includes a preliminary analysis that evaluates the environmental impacts of the proposed action and alternatives to the proposed action. It considers the impacts of all SLR issues applicable to Monticello SLR on a site-specific basis. Based on the NRC staff’s (i) review of the SLR application, which includes the environmental report, supplemental documents, and the licensee’s responses to the NRC staff’s requests for additional information; (ii) consultation with Federal, State, Tribal, and local governmental agencies and consideration of input from other stakeholders; and (iii) independent environmental review as documented in the draft site-specific EIS, the NRC staff’s preliminary recommendation is that the adverse environmental impacts of subsequent license renewal for Monticello are not so great that preserving the option of subsequent license renewal for energy-planning decisionmakers would be unreasonable. Detailed information about the subsequent license renewal process can be found on the NRC’s public website, under Reactor License Renewal, at PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 https://www.nrc.gov/reactors/operating/ licensing/renewal.html. Materials involving the request to renew the operating licenses for Monticello are available for public inspection at the NRC’s PDR, and at https://www.nrc.gov/ reactors/operating/licensing/renewal/ subsequent-license-renewal.html. Dated: April 19, 2024. For the Nuclear Regulatory Commission. Stephen S. Koenick, Chief, Environmental Project Management Branch 1, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2024–08746 Filed 4–23–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 72–1048, 50–390, and 50–391; NRC–2024–0064] Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption Nuclear Regulatory Commission. ACTION: Notice; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) issued an exemption to Tennessee Valley Authority permitting Watts Bar Nuclear Plant to load five of the model 37 multi-purpose canisters (MPC) with continuous basket shims beginning July 2024 in the HI– STORM Flood/Wind MPC Storage System at its Watts Bar Nuclear Plant, Units 1 and 2 independent spent fuel storage installation in a storage condition where the terms, conditions, and specifications in the Certificate of Compliance No. 1032, Amendment No. 0, Revision No. 1 are not met. DATES: The exemption was issued on April 17, 2024. ADDRESSES: Please refer to Docket ID NRC–2024–0064 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–2024–0064. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@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 SUMMARY: E:\FR\FM\24APN1.SGM 24APN1 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices (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 (PDR) reference staff at 1–800–397–4209, at 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. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301– 415–0262; email: John-Chau.Nguyen@ nrc.gov. SUPPLEMENTARY INFORMATION: The text of the exemption is attached. Dated: April 19, 2024. For the Nuclear Regulatory Commission. Yoira Diaz-Sanabria, Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards. Attachment—Exemption. NUCLEAR REGULATORY COMMISSION Docket Nos. 72–1048, 50–390, and 50– 391 khammond on DSKJM1Z7X2PROD with NOTICES Tennessee Valley Authority; Watts Bar Nuclear Plant Units 1 and 2; Independent Spent Fuel Storage Installation I. Background Tennessee Valley Authority (TVA) is the holder of Facility Operating License Nos. NPF–90 and NPF–96, which authorize operation of the Watts Bar Nuclear Plant (WBN), Units 1 and 2 in Rhea County, Tennessee, pursuant to Part 50 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Domestic Licensing of Production and Utilization Facilities.’’ The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC) now or hereafter in effect. VerDate Sep<11>2014 16:48 Apr 23, 2024 Jkt 262001 Consistent with 10 CFR part 72, subpart K, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites,’’ a general license is issued for the storage of spent fuel in an Independent Spent Fuel Storage Installation (ISFSI) at power reactor sites to persons authorized to possess or operate nuclear power reactors under 10 CFR part 50. TVA is authorized to operate nuclear power reactors under 10 CFR part 50 and holds a 10 CFR part 72 general license for storage of spent fuel at the WBN ISFSI. Under the terms of the general license, TVA stores spent fuel at its WBN ISFSI using the HI–STORM Flood/Wind (FW) Multi-Purpose Canister (MPC) Storage System in accordance with Certificate of Compliance (CoC) No. 1032, Amendment No. 0, Revision No. 1. II. Request/Action By a letter dated February 28, 2024 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML24059A369), and supplemented on March 18, 2024 (ML24078A257), TVA requested an exemption from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require WBN to comply with the terms, conditions, and specifications of the CoC No. 1032, Amendment No. 0, Revision No. 1 (ML16112A309). If approved, TVA’s exemption request would accordingly allow WBN to load MPCs with continuous basket shims (CBS) (i.e., MPC–37–CBS), an unapproved, variant basket design, in the HI–STORM FW MPC Storage System, and thus, to load the systems in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 0, Revision No. 1 are not met. TVA currently uses the HI–STORM FW MPC Storage System under CoC No. 1032, Amendment No. 0, Revision No. 1, for dry storage of spent nuclear fuel in MPC–37 at the WBN ISFSI. Holtec International (Holtec), the designer and manufacturer of the HI–STORM FW MPC Storage System, developed a variant of the design with CBS for the MPC–37, known as MPC–37–CBS. Holtec performed a non-mechanistic tipover analysis with favorable results and implemented the CBS variant design under the provisions of 10 CFR 72.48, ‘‘Changes, tests, and experiments,’’ which allows licensees to make changes to cask designs without a CoC amendment under certain conditions (listed in 10 CFR 72.48(c)). After evaluating the specific changes to the cask designs, the NRC determined that Holtec erred when it implemented the PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 31227 CBS variant design under 10 CFR 72.48, as this is not the type of change allowed without a CoC amendment. For this reason, the NRC issued three Severity Level IV violations to Holtec (ML24016A190). TVA’s near-term loading campaign for the WBN ISFSI includes plans to load five MPC–37–CBS in the HI–STORM FW MPC Storage System beginning in July 2024. While Holtec was required to submit a CoC amendment to the NRC to seek approval of the CBS variant design, such a process will not be completed in time to inform decisions for this nearterm loading campaign. Therefore, TVA submitted this exemption request in order to allow for future loading of five MPC–37–CBS beginning in July 2024 at the WBN ISFSI. This exemption is limited to the use of MPC–37–CBS in the HI–STORM FW MPC Storage System only for the specific near-term planned loading of five canisters using the MPC–37–CBS variant basket design. III. Discussion Pursuant to 10 CFR 72.7, ‘‘Specific exemptions,’’ the Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations of 10 CFR part 72 as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. A. The Exemption Is Authorized by Law This exemption would allow TVA to load five MPC–37–CBS in the HI– STORM FW MPC Storage System, beginning July 2024, at its WBN ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 0, Revision No. 1, are not met. WBN is requesting an exemption from the provisions in 10 CFR part 72 that require the licensee to comply with the terms, conditions, and specifications of the CoC for the approved cask model it uses. Section 72.7 allows the NRC to grant exemptions from the requirements of 10 CFR part 72. This authority to grant exemptions is consistent with the Atomic Energy Act of 1954, as amended, and is not otherwise inconsistent with NRC’s regulations or other applicable laws. Additionally, no other law prohibits the activities that would be authorized by the exemption. Therefore, the NRC concludes that there is no statutory prohibition on the issuance of the requested exemption, and the NRC is authorized to grant the exemption by law. E:\FR\FM\24APN1.SGM 24APN1 khammond on DSKJM1Z7X2PROD with NOTICES 31228 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices B. The Exemption Will Not Endanger Life or Property or the Common Defense and Security This exemption would allow TVA to load five MPC–37–CBS in the HI– STORM FW MPC Storage System, beginning July 2024, at the WBN ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 0, Revision No. 1, are not met. In support of its exemption request, TVA asserts that issuance of the exemption would not endanger life or property because a tip-over or handling event is administratively controlled, and that the containment boundary would be maintained in such an event. TVA relies, in part, on the approach in the NRC’s Safety Determination Memorandum (ML24018A085). The NRC issued this Safety Determination Memorandum to address whether, with respect to the enforcement action against Holtec regarding this violation, there was any need to take an immediate action for the cask systems that were already loaded with noncompliant basket designs. The Safety Determination Memorandum documents a risk-informed approach concluding that, during the design basis event of a non-mechanistic tip-over, the fuel in the basket in the MPC–37–CBS remains in a subcritical condition. TVA also provided site-specific technical information, as supplemented, including information explaining why the use of the approach in the NRC’s Safety Determination Memorandum is appropriate for determining the safe use of the CBS variant baskets at the WBN ISFSI. Specifically, TVA described that the analysis of the tip-over design basis event that is relied upon in the NRC’s Safety Determination Memorandum, which demonstrates that the MPC confinement barrier is maintained, is documented in the updated final safety analysis report (UFSAR) for the HI– STORM FW MPC Storage System CoC No. 1032, Amendment 0, Revision No. 1 that is used at the WBN site. TVA stated the transporter for handling of the HI–STORM FW MPC Storage System at the WBN ISFSI has redundant drop protection features and was designed, fabricated, and tested in accordance with the applicable codes described in the CoC No. 1032. Additionally, TVA provided specific information from WBN’s 72.212 Evaluation Report, Revision 5, indicating the calculated total values for annual dose to any real individual who is located beyond the controlled area are shown to be well below the limits required by 10 CFR 72.104(a), ‘‘Criteria VerDate Sep<11>2014 16:48 Apr 23, 2024 Jkt 262001 for radioactive materials in effluents and direct radiation from an ISFSI or MRS.’’ The analysis of a design basis accident scenario also demonstrates compliance with 72.106, ‘‘Controlled area of an ISFSI or MRS.’’ Specifically, TVA described that, in the highly unlikely event of a tip-over, any potential fuel damage from a non-mechanistic tip-over event would be localized, the confinement barrier would be maintained, and the shielding material would remain intact. Coupled with the distance of the WBN ISFSI to the site area boundary, TVA concluded that compliance with 72.104 and 72.106 is not impacted by approving this exemption request. The NRC staff reviewed the information provided by TVA and concludes that issuance of the exemption would not endanger life or property because the administrative controls TVA has in place at the WBN ISFSI sufficiently minimize the possibility of a tip-over or handling event, and that the containment boundary would be maintained in such an event. The staff confirmed that these administrative controls comply with the technical specifications and UFSAR for the HI–STORM FW MPC Storage System CoC No. 1032, Amendment 0, Revision No. 1 that is used at the WBN site. In addition, the staff confirmed that the information provided by TVA regarding WBN’s 72.212 Evaluation Report, Revision 5, demonstrates that the consequences of normal and accident conditions would be within the regulatory limits of the 10 CFR 72.104 and 10 CFR 72.106. The staff also determined that the requested exemption is not related to any aspect of the physical security or defense of the WBN ISFSI; therefore, granting the exemption would not result in any potential impacts to common defense and security. For these reasons, the NRC staff has determined that under the requested exemption, the storage system will continue to meet the safety requirements of 10 CFR part 72 and the offsite dose limits of 10 CFR part 20 and, therefore, will not endanger life or property or the common defense and security. C. The Exemption Is Otherwise in the Public Interest The proposed exemption would allow WBN to load five MPC–37–CBS in the HI–STORM FW MPC Storage System beginning in July 2024, at the WBN ISFSI, even though the CBS variant basket design is not part of the approved CoC No. 1032, Amendment No. 0, Revision No. 1. According to TVA, the PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 exemption is in the public interest because not being able to load fuel into dry storage in the future loading campaign would impact TVA’s ability to offload fuel from the WBN reactor units, consequently impacting continued safe reactor operation. TVA stated that to delay the future loading would impact the ability to effectively manage the margin to full core discharge reserve in the WBN Unit 1 and Unit 2 spent fuel pools. WBN’s upcoming loading campaign was originally scheduled to begin on January 29, 2024, but was postponed until July 2024 . Any further delay would lead to insufficient space in the spent fuel pool for core offload and the shutdown of WBN Unit 2, which in turn would potentially impact the energy supply in the area. According to TVA, the planned July 2024 loading campaign is the latest, and only opportunity for cask loading to avoid loss of full core reserve in 2025. For the reasons described by TVA in the exemption request, the NRC agrees that it is in the public interest to grant the exemption. If the exemption is not granted, in order to comply with the CoC, WBN would have to keep spent fuel in the spent fuel pool if it is not permitted to be loaded into casks for future loading. This would impact the ability to manage the margin for full core reserve in the WBN spent fuel pool. Increased inventory in the spent fuel pool would likely require additional fuel moves, which could in turn increase dose to workers and the risk of accidents during fuel handling operations. Moreover, once the spent fuel pool capacity is reached, the ability to refuel the operating reactor is limited, thus affecting continued reactor operations. As described by TVA, this scenario would possibly result in the shutdown of one unit, which could potentially impact the energy supply in the area. Therefore, the staff concludes that approving the exemption is in the public interest. Environmental Consideration The NRC staff also considered whether there would be any significant environmental impacts associated with the exemption. For this proposed action, the NRC staff performed an environmental assessment pursuant to 10 CFR 51.30. The environmental assessment concluded that the proposed action would not significantly impact the quality of the human environment. The NRC staff concluded that the proposed action would not result in any changes in the types or amounts of any radiological or non-radiological effluents that may be released offsite, E:\FR\FM\24APN1.SGM 24APN1 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices Table of Contents and there would be no significant increase in occupational or public radiation exposure because of the proposed action. The environmental assessment and the finding of no significant impact was published on April 17, 2024 (89 FR 27465). I. Introduction II. Docketed Proceeding(s) IV. Conclusion Based on these considerations, the NRC has determined that, pursuant to 10 CFR 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 TVA 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 with respect to the future loading in the HI–STORM FW MPC Storage System of five MPC– 37–CBS beginning in July 2024. This exemption is effective upon issuance. Dated: April 17, 2024. For the Nuclear Regulatory Commission. Bernard H. White, Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards. [FR Doc. 2024–08769 Filed 4–23–24; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. CP2022–34; MC2024–231 and CP2024–237; MC2024–234 and CP2024–240] New Postal Products Postal Regulatory Commission. ACTION: Notice. AGENCY: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: April 25, 2024. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. khammond on DSKJM1Z7X2PROD with NOTICES ADDRESSES: I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the Market Dominant or the Competitive product list, or the modification of an existing product currently appearing on the Market Dominant or the Competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.1 The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern Market Dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3030, and 39 CFR part 3040, subpart B. For request(s) that the Postal Service states concern Competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3040, subpart B. Comment deadline(s) for each request appear in section II. II. Docketed Proceeding(s) 1. Docket No(s).: CP2022–34; Filing Title: Notice of United States Postal Service of Filing Modifications to Rates Under Inbound Competitive MultiService IRA–USPS II Agreement; Filing Acceptance Date: April 17, 2024; Filing FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:48 Apr 23, 2024 Jkt 262001 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. 4679). PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 31229 Authority: 39 CFR 3035.105; Public Representative: Samuel Robinson; Comments Due: April 25, 2024. 2. Docket No(s).: MC2024–231 and CP2024–237; Filing Title: Request of the United States Postal Service to Add Global Expedited Package Services— Non-Published Rates 16 (GEPS—NPR 16) to the Competitive Products List and Notice of Filing GEPS—NPR 16 Model Contract and Application for NonPublic Treatment of Materials Filed Under Seal; Filing Acceptance Date: April 17, 2024; Filing Authority: 39 U.S.C. 3642, 39 CFR 3040.130 et seq., and 39 CFR 3035.105; Public Representative: Samuel Robinson; Comments Due: April 25, 2024. 3. MC2024–234 and CP2024–240; Filing Title: USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage Contract 56 to Competitive Product List and Notice of Filing Materials Under Seal; Filing Acceptance Date: April 17, 2024; Filing Authority: 39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; Public Representative: Alireza Motameni; Comments Due: April 25, 2024. This Notice will be published in the Federal Register. Erica A. Barker, Secretary. [FR Doc. 2024–08717 Filed 4–23–24; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–99991; File No. SR–FINRA– 2024–005] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Retire the FINRA Rule 10000 Series (Code of Arbitration Procedure) April 18, 2024. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on April 17, 2024, the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by FINRA. FINRA has designated the proposed rule change as constituting a ‘‘non-controversial’’ rule 1 15 2 17 E:\FR\FM\24APN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 24APN1

Agencies

[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31226-31229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08769]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1048, 50-390, and 50-391; NRC-2024-0064]


Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 
2; Independent Spent Fuel Storage Installation; Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an 
exemption to Tennessee Valley Authority permitting Watts Bar Nuclear 
Plant to load five of the model 37 multi-purpose canisters (MPC) with 
continuous basket shims beginning July 2024 in the HI-STORM Flood/Wind 
MPC Storage System at its Watts Bar Nuclear Plant, Units 1 and 2 
independent spent fuel storage installation in a storage condition 
where the terms, conditions, and specifications in the Certificate of 
Compliance No. 1032, Amendment No. 0, Revision No. 1 are not met.

DATES: The exemption was issued on April 17, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0064 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-2024-0064. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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

[[Page 31227]]

(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 (PDR) reference staff at 1-800-397-4209, at 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.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555; telephone: 301-415-0262; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: April 19, 2024.

    For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety, and Safeguards.

Attachment--Exemption.

NUCLEAR REGULATORY COMMISSION

Docket Nos. 72-1048, 50-390, and 50-391

Tennessee Valley Authority; Watts Bar Nuclear Plant Units 1 and 2; 
Independent Spent Fuel Storage Installation

I. Background

    Tennessee Valley Authority (TVA) is the holder of Facility 
Operating License Nos. NPF-90 and NPF-96, which authorize operation of 
the Watts Bar Nuclear Plant (WBN), Units 1 and 2 in Rhea County, 
Tennessee, pursuant to Part 50 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Domestic Licensing of Production and 
Utilization Facilities.'' The licenses provide, among other things, 
that the facility is subject to all rules, regulations, and orders of 
the U.S. Nuclear Regulatory Commission (NRC) now or hereafter in 
effect.
    Consistent with 10 CFR part 72, subpart K, ``General License for 
Storage of Spent Fuel at Power Reactor Sites,'' a general license is 
issued for the storage of spent fuel in an Independent Spent Fuel 
Storage Installation (ISFSI) at power reactor sites to persons 
authorized to possess or operate nuclear power reactors under 10 CFR 
part 50. TVA is authorized to operate nuclear power reactors under 10 
CFR part 50 and holds a 10 CFR part 72 general license for storage of 
spent fuel at the WBN ISFSI. Under the terms of the general license, 
TVA stores spent fuel at its WBN ISFSI using the HI-STORM Flood/Wind 
(FW) Multi-Purpose Canister (MPC) Storage System in accordance with 
Certificate of Compliance (CoC) No. 1032, Amendment No. 0, Revision No. 
1.

II. Request/Action

    By a letter dated February 28, 2024 (Agencywide Documents Access 
and Management System [ADAMS] Accession No. ML24059A369), and 
supplemented on March 18, 2024 (ML24078A257), TVA requested an 
exemption from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 
72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require WBN to comply 
with the terms, conditions, and specifications of the CoC No. 1032, 
Amendment No. 0, Revision No. 1 (ML16112A309). If approved, TVA's 
exemption request would accordingly allow WBN to load MPCs with 
continuous basket shims (CBS) (i.e., MPC-37-CBS), an unapproved, 
variant basket design, in the HI-STORM FW MPC Storage System, and thus, 
to load the systems in a storage condition where the terms, conditions, 
and specifications in the CoC No. 1032, Amendment No. 0, Revision No. 1 
are not met.
    TVA currently uses the HI-STORM FW MPC Storage System under CoC No. 
1032, Amendment No. 0, Revision No. 1, for dry storage of spent nuclear 
fuel in MPC-37 at the WBN ISFSI. Holtec International (Holtec), the 
designer and manufacturer of the HI-STORM FW MPC Storage System, 
developed a variant of the design with CBS for the MPC-37, known as 
MPC-37-CBS. Holtec performed a non-mechanistic tip-over analysis with 
favorable results and implemented the CBS variant design under the 
provisions of 10 CFR 72.48, ``Changes, tests, and experiments,'' which 
allows licensees to make changes to cask designs without a CoC 
amendment under certain conditions (listed in 10 CFR 72.48(c)). After 
evaluating the specific changes to the cask designs, the NRC determined 
that Holtec erred when it implemented the CBS variant design under 10 
CFR 72.48, as this is not the type of change allowed without a CoC 
amendment. For this reason, the NRC issued three Severity Level IV 
violations to Holtec (ML24016A190).
    TVA's near-term loading campaign for the WBN ISFSI includes plans 
to load five MPC-37-CBS in the HI-STORM FW MPC Storage System beginning 
in July 2024. While Holtec was required to submit a CoC amendment to 
the NRC to seek approval of the CBS variant design, such a process will 
not be completed in time to inform decisions for this near-term loading 
campaign. Therefore, TVA submitted this exemption request in order to 
allow for future loading of five MPC-37-CBS beginning in July 2024 at 
the WBN ISFSI. This exemption is limited to the use of MPC-37-CBS in 
the HI-STORM FW MPC Storage System only for the specific near-term 
planned loading of five canisters using the MPC-37-CBS variant basket 
design.

III. Discussion

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

A. The Exemption Is Authorized by Law

    This exemption would allow TVA to load five MPC-37-CBS in the HI-
STORM FW MPC Storage System, beginning July 2024, at its WBN ISFSI in a 
storage condition where the terms, conditions, and specifications in 
the CoC No. 1032, Amendment No. 0, Revision No. 1, are not met. WBN is 
requesting an exemption from the provisions in 10 CFR part 72 that 
require the licensee to comply with the terms, conditions, and 
specifications of the CoC for the approved cask model it uses. Section 
72.7 allows the NRC to grant exemptions from the requirements of 10 CFR 
part 72. This authority to grant exemptions is consistent with the 
Atomic Energy Act of 1954, as amended, and is not otherwise 
inconsistent with NRC's regulations or other applicable laws. 
Additionally, no other law prohibits the activities that would be 
authorized by the exemption. Therefore, the NRC concludes that there is 
no statutory prohibition on the issuance of the requested exemption, 
and the NRC is authorized to grant the exemption by law.

[[Page 31228]]

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

    This exemption would allow TVA to load five MPC-37-CBS in the HI-
STORM FW MPC Storage System, beginning July 2024, at the WBN ISFSI in a 
storage condition where the terms, conditions, and specifications in 
the CoC No. 1032, Amendment No. 0, Revision No. 1, are not met. In 
support of its exemption request, TVA asserts that issuance of the 
exemption would not endanger life or property because a tip-over or 
handling event is administratively controlled, and that the containment 
boundary would be maintained in such an event. TVA relies, in part, on 
the approach in the NRC's Safety Determination Memorandum 
(ML24018A085). The NRC issued this Safety Determination Memorandum to 
address whether, with respect to the enforcement action against Holtec 
regarding this violation, there was any need to take an immediate 
action for the cask systems that were already loaded with non-compliant 
basket designs. The Safety Determination Memorandum documents a risk-
informed approach concluding that, during the design basis event of a 
non-mechanistic tip-over, the fuel in the basket in the MPC-37-CBS 
remains in a subcritical condition.
    TVA also provided site-specific technical information, as 
supplemented, including information explaining why the use of the 
approach in the NRC's Safety Determination Memorandum is appropriate 
for determining the safe use of the CBS variant baskets at the WBN 
ISFSI. Specifically, TVA described that the analysis of the tip-over 
design basis event that is relied upon in the NRC's Safety 
Determination Memorandum, which demonstrates that the MPC confinement 
barrier is maintained, is documented in the updated final safety 
analysis report (UFSAR) for the HI-STORM FW MPC Storage System CoC No. 
1032, Amendment 0, Revision No. 1 that is used at the WBN site. TVA 
stated the transporter for handling of the HI-STORM FW MPC Storage 
System at the WBN ISFSI has redundant drop protection features and was 
designed, fabricated, and tested in accordance with the applicable 
codes described in the CoC No. 1032.
    Additionally, TVA provided specific information from WBN's 72.212 
Evaluation Report, Revision 5, indicating the calculated total values 
for annual dose to any real individual who is located beyond the 
controlled area are shown to be well below the limits required by 10 
CFR 72.104(a), ``Criteria for radioactive materials in effluents and 
direct radiation from an ISFSI or MRS.'' The analysis of a design basis 
accident scenario also demonstrates compliance with 72.106, 
``Controlled area of an ISFSI or MRS.'' Specifically, TVA described 
that, in the highly unlikely event of a tip-over, any potential fuel 
damage from a non-mechanistic tip-over event would be localized, the 
confinement barrier would be maintained, and the shielding material 
would remain intact. Coupled with the distance of the WBN ISFSI to the 
site area boundary, TVA concluded that compliance with 72.104 and 
72.106 is not impacted by approving this exemption request.
    The NRC staff reviewed the information provided by TVA and 
concludes that issuance of the exemption would not endanger life or 
property because the administrative controls TVA has in place at the 
WBN ISFSI sufficiently minimize the possibility of a tip-over or 
handling event, and that the containment boundary would be maintained 
in such an event. The staff confirmed that these administrative 
controls comply with the technical specifications and UFSAR for the HI-
STORM FW MPC Storage System CoC No. 1032, Amendment 0, Revision No. 1 
that is used at the WBN site. In addition, the staff confirmed that the 
information provided by TVA regarding WBN's 72.212 Evaluation Report, 
Revision 5, demonstrates that the consequences of normal and accident 
conditions would be within the regulatory limits of the 10 CFR 72.104 
and 10 CFR 72.106. The staff also determined that the requested 
exemption is not related to any aspect of the physical security or 
defense of the WBN ISFSI; therefore, granting the exemption would not 
result in any potential impacts to common defense and security.
    For these reasons, the NRC staff has determined that under the 
requested exemption, the storage system will continue to meet the 
safety requirements of 10 CFR part 72 and the offsite dose limits of 10 
CFR part 20 and, therefore, will not endanger life or property or the 
common defense and security.

C. The Exemption Is Otherwise in the Public Interest

    The proposed exemption would allow WBN to load five MPC-37-CBS in 
the HI-STORM FW MPC Storage System beginning in July 2024, at the WBN 
ISFSI, even though the CBS variant basket design is not part of the 
approved CoC No. 1032, Amendment No. 0, Revision No. 1. According to 
TVA, the exemption is in the public interest because not being able to 
load fuel into dry storage in the future loading campaign would impact 
TVA's ability to offload fuel from the WBN reactor units, consequently 
impacting continued safe reactor operation.
    TVA stated that to delay the future loading would impact the 
ability to effectively manage the margin to full core discharge reserve 
in the WBN Unit 1 and Unit 2 spent fuel pools. WBN's upcoming loading 
campaign was originally scheduled to begin on January 29, 2024, but was 
postponed until July 2024 . Any further delay would lead to 
insufficient space in the spent fuel pool for core offload and the 
shutdown of WBN Unit 2, which in turn would potentially impact the 
energy supply in the area. According to TVA, the planned July 2024 
loading campaign is the latest, and only opportunity for cask loading 
to avoid loss of full core reserve in 2025.
    For the reasons described by TVA in the exemption request, the NRC 
agrees that it is in the public interest to grant the exemption. If the 
exemption is not granted, in order to comply with the CoC, WBN would 
have to keep spent fuel in the spent fuel pool if it is not permitted 
to be loaded into casks for future loading. This would impact the 
ability to manage the margin for full core reserve in the WBN spent 
fuel pool. Increased inventory in the spent fuel pool would likely 
require additional fuel moves, which could in turn increase dose to 
workers and the risk of accidents during fuel handling operations. 
Moreover, once the spent fuel pool capacity is reached, the ability to 
refuel the operating reactor is limited, thus affecting continued 
reactor operations. As described by TVA, this scenario would possibly 
result in the shutdown of one unit, which could potentially impact the 
energy supply in the area.
    Therefore, the staff concludes that approving the exemption is in 
the public interest.
Environmental Consideration
    The NRC staff also considered whether there would be any 
significant environmental impacts associated with the exemption. For 
this proposed action, the NRC staff performed an environmental 
assessment pursuant to 10 CFR 51.30. The environmental assessment 
concluded that the proposed action would not significantly impact the 
quality of the human environment. The NRC staff concluded that the 
proposed action would not result in any changes in the types or amounts 
of any radiological or non-radiological effluents that may be released 
offsite,

[[Page 31229]]

and there would be no significant increase in occupational or public 
radiation exposure because of the proposed action. The environmental 
assessment and the finding of no significant impact was published on 
April 17, 2024 (89 FR 27465).

IV. Conclusion

    Based on these considerations, the NRC has determined that, 
pursuant to 10 CFR 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 TVA an 
exemption from the requirements of Sec. Sec.  72.212(a)(2), 
72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 with respect 
to the future loading in the HI-STORM FW MPC Storage System of five 
MPC-37-CBS beginning in July 2024.
    This exemption is effective upon issuance.

    Dated: April 17, 2024.

    For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation Licensing Branch, Division of 
Fuel Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-08769 Filed 4-23-24; 8:45 am]
BILLING CODE 7590-01-P
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