Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption, 34284-34286 [2024-09275]
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34284
Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 / Notices
ADAMS accession No. or Federal
Register notice
Document description
IL–IEMA–OHS email response, regarding review of EA/FONSI for Quad Cities Exemption,’’ dated April
23, 2024.
Dated: April 24, 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.
[FR Doc. 2024–09231 Filed 4–29–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–0028, 50–387, and 50–388;
NRC–2024–0068]
Susquehanna Nuclear, LLC;
Susquehanna Steam Electric Station,
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 Susquehanna Nuclear, LLC,
permitting Susquehanna Steam Electric
Station to load six new 89 multipurpose canisters (MPC) with
continuous basket shims in the HI–
STORM Flood/Wind MPC Storage
System at its Susquehanna Steam
Electric Station, 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. 5, are not met.
DATES: The exemption was issued on
April 22, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0068 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–2024–0068. 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
(ADAMS): You may obtain publicly
available documents online in the
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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17:27 Apr 29, 2024
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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:
Christian Jacobs, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301–
415–6825; email: Christian.Jacobs@
nrc.gov.
SUPPLEMENTARY INFORMATION:
The text of
the exemption is attached.
Dated: April 25, 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. 72–0028, 50–387, and 50–
388]
Susquehanna Nuclear, LLC;
Susquehanna Steam Electric Station
Units 1 and 2; Independent Spent Fuel
Storage Installation
I. Background
Susquehanna Nuclear, LLC
(Susquehanna) is the holder of Renewed
Facility Operating License Nos. NPF–14
and NPF–22, which authorize operation
of the Susquehanna Steam Electric
Station (SSES), Units 1 and 2 in Salem
Township, Luzerne County, PA (70
miles northeast of Harrisburg, PA),
pursuant to Part 50 of Title 10 of the
Code of Federal Regulations (10 CFR),
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
ML24114A171.
‘‘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.
Susquehanna 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 SSES ISFSI. Under the terms of
the general license, Susquehanna stores
spent fuel at its SSES ISFSI using the
HI–STORM Flood/Wind (FW) MultiPurpose Canister (MPC) Storage System
in accordance with Certificate of
Compliance (CoC) No. 1032,
Amendment No. 5.
II. Request/Action
By a letter dated March 19, 2024
(Agencywide Documents Access and
Management System [ADAMS]
Accession No. ML24079A070) and
supplemented on March 21, 2024
(ML24081A335), Susquehanna
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 requires
SSES to comply with the terms,
conditions, and specifications of the
CoC No. 1032, Amendment No. 5
(ML20163A701). If approved,
Susquehanna’s exemption request
would accordingly allow SSES to load
MPCs with continuous basket shims
(CBS) (i.e., MPC–89–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. 5, are
not met.
Susquehanna currently uses the HI–
STORM FW MPC Storage System under
CoC No. 1032, Amendment No. 5, for
dry storage of spent nuclear fuel at the
SSES ISFSI. Holtec International
(Holtec), the designer and manufacturer
of the HI–STORM FW MPC Storage
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Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 / Notices
System, developed a variant of the
MPC–89 design with CBS, known as
MPC–89–CBS. Holtec performed a nonmechanistic 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).
Susquehanna’s near-term loading
campaign for the SSES ISFSI includes
plans to load six MPC–89–CBS in the
HI–STORM FW MPC Storage System
beginning in August 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,
Susquehanna submitted this exemption
request to allow for future loading of six
MPC–89–CBS beginning in August 2024
at the SSES ISFSI. This exemption is
limited to the use of MPC–89–CBS in
the HI–STORM FW MPC Storage
System only for the specific near-term
planned loading of six new canisters
using the MPC–89–CBS variant basket
design.
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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
Susquehanna to load six new MPC–89–
CBS in the HI–STORM FW MPC Storage
System, beginning in August 2024, at its
SSES ISFSI in a storage condition where
the terms, conditions, and specifications
in the CoC No. 1032, Amendment No.
5, are not met. Susquehanna 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
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17:27 Apr 29, 2024
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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.
B. The Exemption Will Not Endanger
Life or Property or the Common Defense
and Security
This exemption would allow
Susquehanna to load six new MPC–89–
CBS in the HI–STORM FW MPC Storage
System, beginning in August 2024, at
the SSES ISFSI in a storage condition
where the terms, conditions, and
specifications in the CoC No. 1032,
Amendment No. 5, are not met. In
support of its exemption request,
Susquehanna 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.
Susquehanna 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–89–CBS
remains in a subcritical condition.
Susquehanna also provided sitespecific 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 SSES ISFSI.
Specifically, Susquehanna 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 5, that is used at the SSES
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
34285
site. In addition, the handling
procedures utilized by Susquehanna
comply with the requirements of
Appendix A of CoC No. 1032,
Amendment No. 5, including a single
failure proof lifting system and
redundant drop protection features in
accordance with applicable codes and
standards.
Additionally, Susquehanna
referenced specific information from
SSES’s 72.212 Evaluation Report,
Revision 0, that demonstrated the
combined dose produced by the storage
systems on the SSES ISFSI will not
result in annual doses at the ISFSI
controlled area boundary in excess of
the limits specified in 10 CFR 72.104(a),
‘‘Criteria for radioactive materials in
effluents and direct radiation from an
ISFSI or MRS,’’ during normal and
anticipated operational occurrences, or
in excess of the limits specified in
72.106, ‘‘Controlled area of an ISFSI or
MRS,’’ during design bases accidents.
Specifically, Susquehanna 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.
Susquehanna concluded that there is no
adverse effect on the shielding or
confinement functions since there is no
effect on occupational or public
exposures as a result of this accident
condition.
The NRC staff reviewed the
information provided by Susquehanna
and concludes that issuance of the
exemption would not endanger life or
property because the administrative
controls Susquehanna has in place at
the SSES 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 No.
5, that is used at the SSES site. In
addition, the staff confirmed that the
information provided by Susquehanna
regarding SSES’s 72.212 Evaluation
Report, Revision 0, 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
SSES ISFSI; therefore, granting the
exemption would not result in any
potential impacts to common defense
and security.
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Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 / Notices
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For these reasons, the NRC staff
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
Susquehanna to load six new MPC–89–
CBS in the HI–STORM FW MPC Storage
System beginning in August 2024, at the
SSES ISFSI, even though the CBS
variant basket design is not part of the
approved CoC No. 1032, Amendment
No. 5. According to Susquehanna, the
exemption is in the public interest
because not being able to load fuel into
dry storage in the future loading
campaign would adversely impact
Susquehanna’s ability to maintain full
core offload capability, consequently
increasing risk and challenges to
continued safe reactor operation.
Susquehanna stated that to delay the
future loading would impact the ability
to maintain a healthy margin in the
spent fuel pools in support of a full core
discharge for one reactor unit with a
goal of providing a full core discharge
for both reactor units. Susquehanna also
stated that the inability to utilize the
MPC–89 canister containing the CBS
basket in the 2024 Spent Fuel Storage
campaign significantly impacts the
ability to effectively manage margin for
full core discharge capability, because
margin reduction results in increased
inventory in the spent fuel pool that
would likely require additional fuel
moves and an increased reactivity
management risk due to increased fuel
handling operations. Additionally,
Susquehanna notes that there are
logistical concerns that the availability
of the specialized equipment and
personnel resources, which are secured
years in advance of scheduled
campaigns, would have a cascading
impact on all other scheduled activities
that utilize these specialized resources.
Any delay would lead to a reduction in
the margin to capacity in the spent fuel
pool. Once the spent fuel pool capacity
is reached, the ability to refuel the
operating reactor is limited, thus
affecting continued reactor operations.
For the reasons described by
Susquehanna in the exemption request,
the NRC agrees that it is in the public
interest to grant the exemption. If the
exemption is not granted, to comply
with the CoC, SSES would have to keep
spent fuel in the spent fuel pool if it is
not permitted to be loaded into casks in
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17:27 Apr 29, 2024
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a future loading, thus impacting
Susquehanna’s ability to effectively
manage the margin for full core
discharge capacity. As explained by
Susquehanna, increased inventory of
fuel in the spent fuel pool could result
in the need for additional fuel moves
and, therefore, an increase in worker
doses and the potential for fuel handling
accidents that accompany increased fuel
handling operations. Moreover, should
spent fuel pool capacity be reached, the
ability to refuel an operating reactor unit
is challenged, thus potentially
impacting continued reactor operations.
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,
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 22, 2024 (89 FR 29369).
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 Susquehanna 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 six new
MPC–89–CBS beginning in August
2024.
This exemption is effective upon
issuance.
Dated: April 22, 2024.
For the Nuclear Regulatory Commission.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
/RA/
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing
Branch, Division of Fuel Management, Office
of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024–09275 Filed 4–29–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR WASTE TECHNICAL
REVIEW BOARD
Board Meeting
The U.S. Nuclear Waste Technical
Review Board will hold a hybrid (inperson/virtual) public meeting on May
21–22, 2024.
Board meeting: May 21–22, 2024—
The U.S. Nuclear Waste Technical
Review Board will hold a hybrid (inperson/virtual) public meeting in
Knoxville, TN, to review information on
the U.S. Department of Energy’s (DOE)
research and development (R&D)
activities (a) related to non-site-specific
disposal of spent nuclear fuel and highlevel radioactive waste in crystalline
host rocks and (b) on corrosion of
commercial SNF after disposal.
Pursuant to its authority under
section 5051 of Public Law 100–203,
Nuclear Waste Policy Amendments Act
(NWPAA) of 1987, the U.S. Nuclear
Waste Technical Review Board will
hold a hybrid (in-person/virtual)
meeting in Knoxville, TN, on Tuesday,
May 21, 2024, and Wednesday, May 22,
2024, to review information on the U.S.
Department of Energy’s (DOE) research
and development (R&D) activities (a)
related to non-site-specific disposal of
spent nuclear fuel (SNF) and high-level
radioactive waste (HLW) in crystalline
host rocks and (b) on corrosion of
commercial SNF after disposal.
The hybrid (in-person/virtual)
meeting will be held at the Hilton
Downtown Knoxville Hotel at 501 West
Church Avenue in Knoxville,
Tennessee. The hotel telephone number
is 865–523–2300. The hotel website is
https://www.hilton.com/en/hotels/
knxkhhf-hilton-knoxville/. On Tuesday,
May 21, the meeting will begin at 80
a.m. eastern daylight time (EDT) and is
scheduled to adjourn at approximately 5
p.m. EDT. On Wednesday, May 22, the
hybrid meeting will begin at 8 a.m. EDT
and conclude at 12 p.m. EDT. On the
first day, the initial speakers will
provide an overview of DOE’s SNF and
HLW disposal research programs.
Additional speakers representing the
national laboratories conducting the
work for DOE will report on R&D
activities to advance the understanding
of long-term waste disposal in
crystalline rocks. They will also discuss
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]]>Agencies
[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34284-34286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09275]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-0028, 50-387, and 50-388; NRC-2024-0068]
Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station,
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 Susquehanna Nuclear, LLC, permitting Susquehanna Steam
Electric Station to load six new 89 multi-purpose canisters (MPC) with
continuous basket shims in the HI-STORM Flood/Wind MPC Storage System
at its Susquehanna Steam Electric Station, 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. 5, are not met.
DATES: The exemption was issued on April 22, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0068 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-2024-0068. 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
(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: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-6825; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 25, 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. 72-0028, 50-387, and 50-388]
Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station Units 1
and 2; Independent Spent Fuel Storage Installation
I. Background
Susquehanna Nuclear, LLC (Susquehanna) is the holder of Renewed
Facility Operating License Nos. NPF-14 and NPF-22, which authorize
operation of the Susquehanna Steam Electric Station (SSES), Units 1 and
2 in Salem Township, Luzerne County, PA (70 miles northeast of
Harrisburg, PA), 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. Susquehanna 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 SSES ISFSI. Under the terms of the general
license, Susquehanna stores spent fuel at its SSES 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.
5.
II. Request/Action
By a letter dated March 19, 2024 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML24079A070) and supplemented
on March 21, 2024 (ML24081A335), Susquehanna 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 requires SSES to comply
with the terms, conditions, and specifications of the CoC No. 1032,
Amendment No. 5 (ML20163A701). If approved, Susquehanna's exemption
request would accordingly allow SSES to load MPCs with continuous
basket shims (CBS) (i.e., MPC-89-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. 5, are not met.
Susquehanna currently uses the HI-STORM FW MPC Storage System under
CoC No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at
the SSES ISFSI. Holtec International (Holtec), the designer and
manufacturer of the HI-STORM FW MPC Storage
[[Page 34285]]
System, developed a variant of the MPC-89 design with CBS, known as
MPC-89-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).
Susquehanna's near-term loading campaign for the SSES ISFSI
includes plans to load six MPC-89-CBS in the HI-STORM FW MPC Storage
System beginning in August 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, Susquehanna submitted this
exemption request to allow for future loading of six MPC-89-CBS
beginning in August 2024 at the SSES ISFSI. This exemption is limited
to the use of MPC-89-CBS in the HI-STORM FW MPC Storage System only for
the specific near-term planned loading of six new canisters using the
MPC-89-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 Susquehanna to load six new MPC-89-CBS
in the HI-STORM FW MPC Storage System, beginning in August 2024, at its
SSES ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 5, are not met.
Susquehanna 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.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
This exemption would allow Susquehanna to load six new MPC-89-CBS
in the HI-STORM FW MPC Storage System, beginning in August 2024, at the
SSES ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 5, are not met. In
support of its exemption request, Susquehanna 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. Susquehanna 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-89-CBS
remains in a subcritical condition.
Susquehanna 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 SSES
ISFSI. Specifically, Susquehanna 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 5, that is used at the SSES site. In addition, the
handling procedures utilized by Susquehanna comply with the
requirements of Appendix A of CoC No. 1032, Amendment No. 5, including
a single failure proof lifting system and redundant drop protection
features in accordance with applicable codes and standards.
Additionally, Susquehanna referenced specific information from
SSES's 72.212 Evaluation Report, Revision 0, that demonstrated the
combined dose produced by the storage systems on the SSES ISFSI will
not result in annual doses at the ISFSI controlled area boundary in
excess of the limits specified in 10 CFR 72.104(a), ``Criteria for
radioactive materials in effluents and direct radiation from an ISFSI
or MRS,'' during normal and anticipated operational occurrences, or in
excess of the limits specified in 72.106, ``Controlled area of an ISFSI
or MRS,'' during design bases accidents. Specifically, Susquehanna
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. Susquehanna concluded that
there is no adverse effect on the shielding or confinement functions
since there is no effect on occupational or public exposures as a
result of this accident condition.
The NRC staff reviewed the information provided by Susquehanna and
concludes that issuance of the exemption would not endanger life or
property because the administrative controls Susquehanna has in place
at the SSES 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
No. 5, that is used at the SSES site. In addition, the staff confirmed
that the information provided by Susquehanna regarding SSES's 72.212
Evaluation Report, Revision 0, 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 SSES ISFSI; therefore, granting the
exemption would not result in any potential impacts to common defense
and security.
[[Page 34286]]
For these reasons, the NRC staff 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 Susquehanna to load six new MPC-
89-CBS in the HI-STORM FW MPC Storage System beginning in August 2024,
at the SSES ISFSI, even though the CBS variant basket design is not
part of the approved CoC No. 1032, Amendment No. 5. According to
Susquehanna, the exemption is in the public interest because not being
able to load fuel into dry storage in the future loading campaign would
adversely impact Susquehanna's ability to maintain full core offload
capability, consequently increasing risk and challenges to continued
safe reactor operation.
Susquehanna stated that to delay the future loading would impact
the ability to maintain a healthy margin in the spent fuel pools in
support of a full core discharge for one reactor unit with a goal of
providing a full core discharge for both reactor units. Susquehanna
also stated that the inability to utilize the MPC-89 canister
containing the CBS basket in the 2024 Spent Fuel Storage campaign
significantly impacts the ability to effectively manage margin for full
core discharge capability, because margin reduction results in
increased inventory in the spent fuel pool that would likely require
additional fuel moves and an increased reactivity management risk due
to increased fuel handling operations. Additionally, Susquehanna notes
that there are logistical concerns that the availability of the
specialized equipment and personnel resources, which are secured years
in advance of scheduled campaigns, would have a cascading impact on all
other scheduled activities that utilize these specialized resources.
Any delay would lead to a reduction in the margin to capacity in the
spent fuel pool. Once the spent fuel pool capacity is reached, the
ability to refuel the operating reactor is limited, thus affecting
continued reactor operations.
For the reasons described by Susquehanna in the exemption request,
the NRC agrees that it is in the public interest to grant the
exemption. If the exemption is not granted, to comply with the CoC,
SSES would have to keep spent fuel in the spent fuel pool if it is not
permitted to be loaded into casks in a future loading, thus impacting
Susquehanna's ability to effectively manage the margin for full core
discharge capacity. As explained by Susquehanna, increased inventory of
fuel in the spent fuel pool could result in the need for additional
fuel moves and, therefore, an increase in worker doses and the
potential for fuel handling accidents that accompany increased fuel
handling operations. Moreover, should spent fuel pool capacity be
reached, the ability to refuel an operating reactor unit is challenged,
thus potentially impacting continued reactor operations.
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, 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 22, 2024 (89 FR 29369).
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 Susquehanna
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 six new
MPC-89-CBS beginning in August 2024.
This exemption is effective upon issuance.
Dated: April 22, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-09275 Filed 4-29-24; 8:45 am]
BILLING CODE 7590-01-P
