Constellation Energy Generation, LLC.; Quad Cities Nuclear Power Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption, 38923-38925 [2024-10046]
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38923
Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices
III. Finding of No Significant Impact
The environmental impacts of the
proposed action have been reviewed in
accordance with the requirements in 10
CFR part 51, which implement NEPA.
Based upon the foregoing environmental
assessment, the NRC finds that the
proposed action of granting the
exemption from the regulations in 10
CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11) and
72.214, which require the licensee to
comply with the terms, conditions, and
specifications of the CoC, in this case
limited to past and specific future
loadings of baskets with the CBS variant
design, would not significantly impact
the quality of the human environment.
Accordingly, the NRC has determined
that a FONSI is appropriate, and an
environmental impact statement is not
warranted.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through ADAMS, as
indicated.
ADAMS accession No. or
Federal Register notice
Document description
Constellation’s request for exemption, dated April 5, 2024 ..........................................................................................
NRC issuance of Certificate of Compliance No. 1032, Amendment No. 1, Revision No. 1, dated May 29, 2015 ......
Holtec International, Inc.—Notice of Violation; The U.S. Nuclear Regulatory Commission Inspection Report No.
07201014/2022–201, EA–23–044, dated January 30, 2024.
10 CFR part 72 amendment to allow spent fuel storage in NRC-approved casks, July 18, 1990 ..............................
EA for part 72 amendment to allow spent fuel storage in NRC-approved casks, dated March 8, 1989 .....................
List of Approved Spent Fuel Storage Casks: HI–STORM 100 Cask System CoC No. 1032, Amendment No. 1, Revision 1, dated March 19, 2015.
NRC Safety Determination of a Potential Structural Failure of the Fuel Basket During Accident Conditions for the
HI–STORM 100 and HI–STORM Flood/Wind Dry Cask Storage Systems, dated January 31, 2024.
NRC email to PDEP requesting review of EA/FONSI for LGS Exemption, dated April 29, 2024 ................................
Email response from PDEP regarding EA/FONSI for LGS Exemption, dated May 1, 2024 ........................................
Dated: May 3, 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. 2024–10044 Filed 5–7–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–53, 50–254, and 50–265;
NRC–2024–0074]
Constellation Energy Generation, LLC.;
Quad Cities Nuclear Power 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 Constellation Energy Generation,
LLC. that permits Quad Cities Nuclear
Power Station (QCNPS) to load four
model 68M multi-purpose canisters
with continuous basket shims beginning
June 2024 in the HI–STORM 100 Cask
System at its QCNPS 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.
1014, Amendment No. 8, Revision No.
1 are not met.
DATES: The exemption was issued on
April 30, 2024.
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SUMMARY:
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Please refer to Docket ID
NRC–2024–0074 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–2024–0074. 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
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
ADDRESSES:
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
ML24096A137.
ML15152A358 (Package).
ML24016A190.
55 FR 29181.
ML051230231.
80 FR 14291.
ML24018A085.
ML24122C670.
ML24122C674.
time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: YenJu Chen, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; telephone: 301–415–1018;
email: Yen-Ju.Chen@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the exemption is attached.
Dated: May 3, 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. 72–53, 50–254, and 50–265
Constellation Energy Generation, LLC;
Quad Cities Nuclear Power Station
Units 1 and 2; Independent Spent Fuel
Storage Installation
I. Background
Constellation Energy Generation, LLC
(Constellation) is the holder of Renewed
Facility Operating License Nos. DPR–29
and DPR–30, which authorize operation
of the Quad Cities Nuclear Power
Station, Units 1 and 2 (QCNPS) in
Cordova, Illinois, 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
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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.
Constellation 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 QCNPS ISFSI. Under the terms of
the general license, Constellation stores
spent fuel at its QCNPS ISFSI using the
HI–STORM 100 Cask System in
accordance with Certificate of
Compliance (CoC) No. 1014,
Amendment No. 8, Revision No. 1.
II. Request/Action
By a letter dated March 15, 2024
(Agencywide Documents Access and
Management System [ADAMS]
Accession No. ML24075A001),
Constellation 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 QCNPS to comply
with the terms, conditions, and
specifications of the CoC No. 1014,
Amendment No. 8, Revision No. 1
(ML16041A233). If approved,
Constellation’s exemption request
would accordingly allow QCNPS to load
four Multi-Purpose Canisters (MPC)
with an unapproved variant basket
design with continuous basket shims
(CBS) (i.e., MPC–68M–CBS) in the HI–
STORM 100 Cask System, beginning
June 2024, and thus, to load the systems
in a storage condition where the terms,
conditions, and specifications in the
CoC No. 1014, Amendment No. 8,
Revision No. 1 are not met.
Constellation currently uses the HI–
STORM 100 Cask System under CoC
No. 1014, Amendment No. 8, Revision
No. 1, for dry storage of spent nuclear
fuel in MPC–68M at the QCNPS ISFSI.
Holtec International (Holtec), the
designer and manufacturer of the HI–
STORM 100 Cask System, developed a
variant of the design with CBS for the
MPC–68M, known as MPC–68M–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
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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).
Constellation’s near-term loading
campaign for the QCNPS ISFSI includes
loading four MPC–68M–CBS in the HI–
STORM 100 Cask System beginning in
June 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,
Constellation submitted this exemption
request to allow for the future loading
of four new MPC–68M–CBS beginning
in June 2024, at the QCNPS ISFSI. This
exemption is limited to the use of four
MPC–68M–CBS in the HI–STORM 100
Cask System for the specific near-term
planned loading beginning June 2024.
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
Constellation to load four MPC–68M–
CBS in the HI–STORM 100 Cask System
beginning June 2024 at its QCNPS ISFSI
in a storage condition where the terms,
conditions, and specifications in the
CoC No. 1014, Amendment No. 8,
Revision No. 1, are not met.
Constellation 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
PO 00000
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Fmt 4703
Sfmt 4703
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
Constellation to load four MPC–68M–
CBS in the HI–STORM 100 Cask System
beginning June 2024 at the QCNPS
ISFSI in a storage condition where the
terms, conditions, and specifications in
the CoC No. 1014, Amendment No. 8,
Revision No. 1, are not met. In support
of its exemption request, Constellation
asserts that issuance of the exemption
would not endanger life or property
because the administrative controls the
applicant has in place prevent a tip-over
or handling event and that the
containment boundary would be
maintained in such an event.
Constellation 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–68M–CBS
remains in a subcritical condition.
Constellation also provided sitespecific technical information,
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 QCNPS
ISFSI. Specifically, Constellation
described that the analysis of the tipover 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 100 Cask
System CoC No. 1014, Amendment 8,
Revision No. 1, that is used at the
QCNPS site. Constellation also
described its administrative controls for
handling of the HI–STORM 100 Cask
System at the QCNPS ISFSI to prevent
a tip-over or handling event. Those
controls include operational procedures
that demonstrate that the system is
handled with a single failure proof
device, designed in accordance with
ANSI N14.6, ‘‘Radioactive Materials—
Special Lifting Devices for Shipping
Containers Weighing 10 000 Pounds
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(4500 kg) or More,’’ for heavy load
lifting component, inside of the Reactor
Buildings and during transport to the
ISFSI. In addition, the transporter
employs redundant drop features.
Additionally, Constellation provided
specific information from QCNPS’s
72.212 Evaluation Report, Revision 17,
indicating that during the design basis
event of a non-mechanistic tip-over,
QCNPS’s ISFSI would meet the
requirements in 10 CFR 72.104,
‘‘Criteria for radioactive materials in
effluents and direct radiation from an
ISFSI or MRS,’’ and 72.106, ‘‘Controlled
area of an ISFSI or MRS.’’ Specifically,
Constellation described that, in the
highly unlikely event of a tip-over, any
potential fuel damage from a nonmechanistic 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 QCNPS ISFSI to
the site area boundary, Constellation
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 Constellation
and concludes that issuance of the
exemption would not endanger life or
property because the administrative
controls that Constellation has in place
at the QCNPS 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 100 Cask System CoC No. 1014,
Amendment 8, Revision No. 1, that is
used at the QCNPS site. In addition, the
staff confirmed that the information
provided by Constellation regarding the
QCNPS’s 72.212 Evaluation Report,
Revision 17, 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
QCNPS 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.
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C. The Exemption Is Otherwise in the
Public Interest
The proposed exemption would allow
Constellation to load four MPC–68M–
CBS in the HI–STORM 100 Cask System
beginning in June 2024 at the QCNPS
ISFSI, even though the CBS variant
basket design is not part of the approved
CoC No. 1014, Amendment No. 8,
Revision No. 1. According to
Constellation, the exemption is in the
public interest because the inability to
load fuel into dry storage in the future
loading campaign would impact
Constellation’s ability to offload fuel
from the QCNPS reactor units,
consequently impacting continued safe
reactor operation.
Constellation stated that delaying the
future loading campaign would impact
its ability to effectively manage the
margin to full core discharge capacity in
the QCNPS Unit 1 and Unit 2 spent fuel
pools. The low spent fuel pool capacity
would make it difficult to refuel and
present potential risks to fuel handling
operations during pre- and post-outage.
In addition, a crowded spent fuel pool
would challenge the decay heat removal
demand of the pool and, therefore,
increase the consequence of a loss of
fuel pool cooling event. The additional
fuel moves that would be required to
manage the fuel pool loading with extra
bundles in the pool would also increase
the likelihood of a fuel handling
accident. Furthermore, QCNPS planned
the cask loading campaign years in
advance based on availability of the
specialized workforce and equipment
that is shared throughout the
Constellation fleet. These specialty
resources support competing priorities
including refueling outages, loading
campaigns, fuel pool cleanouts, fuel
inspections, fuel handing equipment
upgrade and maintenance, fuel sipping,
new fuel receipt, and crane maintenance
and upgrades. Any delays would have a
cascading impact on other scheduled
specialized activities.
For the reasons described by
Constellation 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, Constellation would have
to delay future loading and keep the
spent nuclear fuel in the spent fuel pool.
As described by Constellation, this
scenario would affect Constellation’s
ability to effectively manage the spent
pool capacity and reactor fuel offloading
at QCNPS. In addition, a crowded spent
fuel pool would challenge the decay
heat removal demand of the pool
increasing the consequence of a loss of
fuel pool cooling event; and, because
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Sfmt 9990
38925
additional fuel moves would be
required, it would also increase the
likelihood of a fuel handling accident.
Moreover, the rescheduling of the
specialized resources for the future
loading campaign would impact the
operations of QCNPS and other
Constellation sites.
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 30, 2024 (89 FR 34282).
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 Constellation 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
100 Cask System of four MPC–68M–CBS
beginning in June 2024.
This exemption is effective upon issuance.
Dated: April 30, 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. 2024–10046 Filed 5–7–24; 8:45 am]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38923-38925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10046]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-53, 50-254, and 50-265; NRC-2024-0074]
Constellation Energy Generation, LLC.; Quad Cities Nuclear Power
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 Constellation Energy Generation, LLC. that permits Quad
Cities Nuclear Power Station (QCNPS) to load four model 68M multi-
purpose canisters with continuous basket shims beginning June 2024 in
the HI-STORM 100 Cask System at its QCNPS 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.
1014, Amendment No. 8, Revision No. 1 are not met.
DATES: The exemption was issued on April 30, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0074 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-2024-0074. 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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-1018; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: May 3, 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. 72-53, 50-254, and 50-265
Constellation Energy Generation, LLC; Quad Cities Nuclear Power Station
Units 1 and 2; Independent Spent Fuel Storage Installation
I. Background
Constellation Energy Generation, LLC (Constellation) is the holder
of Renewed Facility Operating License Nos. DPR-29 and DPR-30, which
authorize operation of the Quad Cities Nuclear Power Station, Units 1
and 2 (QCNPS) in Cordova, Illinois, 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
[[Page 38924]]
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. Constellation 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 QCNPS ISFSI. Under the terms of the
general license, Constellation stores spent fuel at its QCNPS ISFSI
using the HI-STORM 100 Cask System in accordance with Certificate of
Compliance (CoC) No. 1014, Amendment No. 8, Revision No. 1.
II. Request/Action
By a letter dated March 15, 2024 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML24075A001), Constellation
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
QCNPS to comply with the terms, conditions, and specifications of the
CoC No. 1014, Amendment No. 8, Revision No. 1 (ML16041A233). If
approved, Constellation's exemption request would accordingly allow
QCNPS to load four Multi-Purpose Canisters (MPC) with an unapproved
variant basket design with continuous basket shims (CBS) (i.e., MPC-
68M-CBS) in the HI-STORM 100 Cask System, beginning June 2024, and
thus, to load the systems in a storage condition where the terms,
conditions, and specifications in the CoC No. 1014, Amendment No. 8,
Revision No. 1 are not met.
Constellation currently uses the HI-STORM 100 Cask System under CoC
No. 1014, Amendment No. 8, Revision No. 1, for dry storage of spent
nuclear fuel in MPC-68M at the QCNPS ISFSI. Holtec International
(Holtec), the designer and manufacturer of the HI-STORM 100 Cask
System, developed a variant of the design with CBS for the MPC-68M,
known as MPC-68M-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).
Constellation's near-term loading campaign for the QCNPS ISFSI
includes loading four MPC-68M-CBS in the HI-STORM 100 Cask System
beginning in June 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, Constellation submitted this
exemption request to allow for the future loading of four new MPC-68M-
CBS beginning in June 2024, at the QCNPS ISFSI. This exemption is
limited to the use of four MPC-68M-CBS in the HI-STORM 100 Cask System
for the specific near-term planned loading beginning June 2024.
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 Constellation to load four MPC-68M-CBS
in the HI-STORM 100 Cask System beginning June 2024 at its QCNPS ISFSI
in a storage condition where the terms, conditions, and specifications
in the CoC No. 1014, Amendment No. 8, Revision No. 1, are not met.
Constellation 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 Constellation to load four MPC-68M-CBS
in the HI-STORM 100 Cask System beginning June 2024 at the QCNPS ISFSI
in a storage condition where the terms, conditions, and specifications
in the CoC No. 1014, Amendment No. 8, Revision No. 1, are not met. In
support of its exemption request, Constellation asserts that issuance
of the exemption would not endanger life or property because the
administrative controls the applicant has in place prevent a tip-over
or handling event and that the containment boundary would be maintained
in such an event. Constellation 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-68M-CBS remains in a subcritical
condition.
Constellation also provided site-specific technical information,
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 QCNPS ISFSI.
Specifically, Constellation 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 100 Cask System CoC No. 1014,
Amendment 8, Revision No. 1, that is used at the QCNPS site.
Constellation also described its administrative controls for handling
of the HI-STORM 100 Cask System at the QCNPS ISFSI to prevent a tip-
over or handling event. Those controls include operational procedures
that demonstrate that the system is handled with a single failure proof
device, designed in accordance with ANSI N14.6, ``Radioactive
Materials--Special Lifting Devices for Shipping Containers Weighing 10
000 Pounds
[[Page 38925]]
(4500 kg) or More,'' for heavy load lifting component, inside of the
Reactor Buildings and during transport to the ISFSI. In addition, the
transporter employs redundant drop features.
Additionally, Constellation provided specific information from
QCNPS's 72.212 Evaluation Report, Revision 17, indicating that during
the design basis event of a non-mechanistic tip-over, QCNPS's ISFSI
would meet the requirements in 10 CFR 72.104, ``Criteria for
radioactive materials in effluents and direct radiation from an ISFSI
or MRS,'' and 72.106, ``Controlled area of an ISFSI or MRS.''
Specifically, Constellation 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 QCNPS ISFSI to the site area boundary,
Constellation 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 Constellation
and concludes that issuance of the exemption would not endanger life or
property because the administrative controls that Constellation has in
place at the QCNPS 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 100 Cask System CoC No. 1014, Amendment 8,
Revision No. 1, that is used at the QCNPS site. In addition, the staff
confirmed that the information provided by Constellation regarding the
QCNPS's 72.212 Evaluation Report, Revision 17, 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 QCNPS 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 Constellation to load four MPC-
68M-CBS in the HI-STORM 100 Cask System beginning in June 2024 at the
QCNPS ISFSI, even though the CBS variant basket design is not part of
the approved CoC No. 1014, Amendment No. 8, Revision No. 1. According
to Constellation, the exemption is in the public interest because the
inability to load fuel into dry storage in the future loading campaign
would impact Constellation's ability to offload fuel from the QCNPS
reactor units, consequently impacting continued safe reactor operation.
Constellation stated that delaying the future loading campaign
would impact its ability to effectively manage the margin to full core
discharge capacity in the QCNPS Unit 1 and Unit 2 spent fuel pools. The
low spent fuel pool capacity would make it difficult to refuel and
present potential risks to fuel handling operations during pre- and
post-outage. In addition, a crowded spent fuel pool would challenge the
decay heat removal demand of the pool and, therefore, increase the
consequence of a loss of fuel pool cooling event. The additional fuel
moves that would be required to manage the fuel pool loading with extra
bundles in the pool would also increase the likelihood of a fuel
handling accident. Furthermore, QCNPS planned the cask loading campaign
years in advance based on availability of the specialized workforce and
equipment that is shared throughout the Constellation fleet. These
specialty resources support competing priorities including refueling
outages, loading campaigns, fuel pool cleanouts, fuel inspections, fuel
handing equipment upgrade and maintenance, fuel sipping, new fuel
receipt, and crane maintenance and upgrades. Any delays would have a
cascading impact on other scheduled specialized activities.
For the reasons described by Constellation 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,
Constellation would have to delay future loading and keep the spent
nuclear fuel in the spent fuel pool. As described by Constellation,
this scenario would affect Constellation's ability to effectively
manage the spent pool capacity and reactor fuel offloading at QCNPS. In
addition, a crowded spent fuel pool would challenge the decay heat
removal demand of the pool increasing the consequence of a loss of fuel
pool cooling event; and, because additional fuel moves would be
required, it would also increase the likelihood of a fuel handling
accident. Moreover, the rescheduling of the specialized resources for
the future loading campaign would impact the operations of QCNPS and
other Constellation sites.
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 30, 2024 (89 FR 34282).
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
Constellation 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 100 Cask System of
four MPC-68M-CBS beginning in June 2024.
This exemption is effective upon issuance.
Dated: April 30, 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. 2024-10046 Filed 5-7-24; 8:45 am]
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