Vistra Operations Company LLC.; Perry Nuclear Power Plant, Unit 1; Independent Spent Fuel Storage Installation; Exemption, 42511-42514 [2024-10585]
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
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before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Discussion
General Electric (GE) Hitachi Nuclear
Energy (GEH, the licensee) is the holder
of Facility Operating License, DPR–1.
The license provides, among other
things, that the GEH Vallecitos Boiling
Water Reactor (VBWR) is subject to all
rules, regulations, and orders of the NRC
now or hereafter in effect. The VBWR is
a boiling water reactor located at the
GEH Vallecitos Nuclear Center (VNC) in
Sunol, CA.
The license, DPR–1, was issued to GE
on August 31, 1957, and full power was
attained on October 19, 1957. The
VBWR ceased operations on December
9, 1963, and was defueled on December
24 of that year. GE was issued a license
to possess but not operate the VBWR
reactor on September 9, 1965. The U.S.
Atomic Energy Commission issued GE
an order to dismantle the VBWR on July
25, 1966. However, the VBWR was put
into a safe storage configuration and
major decommissioning activities at the
VBWR did not occur until 2007–2008
with the removal of most of the
contaminated equipment and
components. The reactor vessel was the
last remaining component of the VBWR
reactor. The reactor vessel was removed
and disposed of offsite in 2023. What
remains of the VBWR is the empty
reactor building with residual structural
contamination and contaminated
embedded piping.
The VBWR LTP describes a strategy
for terminating the VBWR license by
transferring the residual contamination
of the VBWR to the NRC license (DR–
10) for the Empire State Atomic
Development Agency (ESADA)
Vallecitos Experimental Superheat
Reactor (EVESR), that is adjacent to the
VBWR. This strategy will require
approval of an exemption to paragraph
50.82(a)(11)(ii) of title 10 of the Code of
Federal Regulations (10 CFR) that will
allow the VBWR license to be
terminated without demonstrating that
the facility and site have met the
residual contamination criteria for
license termination in 10 CFR 20,
subpart E. This is because the VBWR
residual contamination would be
transferred to the EVESR license by
amending the EVESR license. When the
DPR–1 license is terminated, the VBWR
facility and all in-situ residual
contamination will be included in the
EVESR license. The VBWR LTP
describes that an LTP for the EVESR
will be submitted later, that will include
the residual contamination of the
VBWR, and describe meeting the
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19:12 May 14, 2024
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residual contamination requirements of
10 CFR 20, subpart E. This will allow
for the termination of the EVESR DR–10
license by April 15, 2030.
The VBWR license, and the other GE
licensed facilities at the VNC, were
transferred from GE to GEH in 2007. By
letter dated September 1, 2023 (ADAMS
Accession No. ML23244A247), GEH and
NorthStar Vallecitos, LLC (NorthStar
Vallecitos) have requested that the GEH
licenses at the VNC (including the
license for the VBWR) be transferred to
NorthStar Vallecitos for
decommissioning. This request is still
under review by the NRC but may be
granted by the time of this public
meeting. If so, the VBWR licensee will
then be NorthStar Vallecitos. By letter
dated September 7, 2023 (ADAMS
Accession No. ML23250A267), as
supplemented by letter dated September
15, 2023 (ADAMS Package Accession
No. ML23261A591), and March 25, 2024
(ADAMS Accession No. ML24085A792),
and email dated October 31, 2023
(ADAMS Accession No. ML23304A300),
GEH submitted the LTP for the VBWR.
According to the requirements in 10
CFR 50.82(a)(9)(iii), after the licensee
submits an LTP the NRC must hold a
public meeting near the site. The
purpose of the meeting is for the NRC
staff to discuss the NRC’s review of the
LTP, to solicit public comments on the
LTP, and to describe how comments can
be submitted to NRC. In addition, in
accordance with 10 CFR 50.82(a)(9)(iii)
and 20.1405, upon the receipt of an LTP
from a licensee, NRC must publish a
notice in the Federal Register and
solicit comments from affected parties.
III. Request for Comment and Public
Meeting
The NRC is requesting public
comments on the VBWR LTP. The NRC
will conduct a public meeting to discuss
the LTP and receive comments on
Tuesday, May 21, 2024, from 6 p.m. to
8 p.m., PDT. The public meeting will be
held at SpringHill Suites Pleasanton,
7270 Johnson Drive, Pleasanton, CA
94588. Please contact Jack Parrott no
later than May 17, 2024, if
accommodations or special equipment
are needed for you to attend or to
provide comments, so that the NRC staff
can determine whether the request can
be accommodated.
For additional information regarding
the meeting, see the NRC’s Public
Meeting Schedule website at https://
meetings.nrc.gov/pmns/mtg. The agenda
and links to participate by webinar or
phone will be posted no later than 10
days prior to the meeting.
Dated: May 10, 2024.
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42511
For the Nuclear Regulatory Commission.
Nicole Warnek,
Acting Chief, Reactor Decommissioning
Branch, Division of Decommissioning,
Uranium Recovery, and Waste Programs,
Office of Nuclear Material Safety and
Safeguard.
[FR Doc. 2024–10625 Filed 5–14–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–69 and 50–440; NRC–2024–
0082]
Vistra Operations Company LLC.;
Perry Nuclear Power Plant, Unit 1;
Independent Spent Fuel Storage
Installation; Exemption
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued an exemption
to Vistra Operations Company LLC 1
permitting Perry Nuclear Power Plant
(Perry) to load the Holtec 89 position
multi-purpose canister with continuous
basket shims in HI–STORM Flood/Wind
Multipurpose Canister Storage System
at its Perry Unit 1 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
May 8, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0082 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–2024–0082. 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.
SUMMARY:
1 Effective March 1, 2024, the facility operating
license for Perry Nuclear Power Plant was
transferred from Energy Harbor Nuclear Generation
LLC (owner) and Energy Harbor Nuclear Corp.
(operator) to Energy Harbor Nuclear Generation LLC
(owner) and Vistra Operations Company LLC
(ADAMS Package Accession No. ML24057A092).
Upon completion of this license transfer, Vistra
Operations Company LLC assumed the
responsibility for all licensing actions under NRC
review at the time of the transfer and requested that
the NRC continue its review of these actions
(ADAMS Accession No. ML24054A498).
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
• 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
time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Bernard White, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301–
415–6577; email: Bernard.White@
nrc.gov.
SUPPLEMENTARY INFORMATION:
The text of
the exemption is attached.
Dated: May 9, 2024.
For the Nuclear Regulatory Commission.
Christian Jacobs,
Acting Chief, Storage and Transportation
Licensing Branch, Division of Fuel
Management, Office of Nuclear Material
Safety, and Safeguards.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–69, and 50–440; NRC–
2024–0082]
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Vistra Operations Company LLC; Perry
Nuclear Power Plant, Unit 1;
Independent Spent Fuel Storage
Installation
I. Background
Vistra Operations Company LLC
(VistraOps) is the holder of Facility
Operating License No. NPF–58, which
authorizes operation of the Perry
Nuclear Power Plant, Unit 1 (Perry) in
North Perry, Ohio, pursuant to part 50
of Title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Domestic
Licensing of Production and Utilization
Facilities.’’ The license provides, among
other things, that the facility is subject
to all rules, regulations, and orders of
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19:12 May 14, 2024
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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.
VistraOps 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 Perry ISFSI. Under the terms of
the general license, VistraOps stores
spent fuel at its Perry ISFSI using the
HI–STORM Flood/Wind (F/W)
Multipurpose Canister (MPC) Storage
System in accordance with Certificate of
Compliance (CoC) No. 1032,
Amendment No. 5.
II. Request/Action
By a letter dated February 27, 2024
(Agencywide Documents Access and
Management System [ADAMS]
ML24058A180), by Energy Harbor
Nuclear Corporation 1 and
supplemented by VistraOps on March
22, 2024 (ML24082A132), VistraOps
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
Perry to comply with the terms,
conditions, and specifications of the
CoC No. 1032, Amendment No. 5
(ML20163A701). If approved, the
VistraOps exemption request would
accordingly allow Perry to load two
Multi-Purpose Canisters (MPC) with an
unapproved variant basket design with
continuous basket shims (CBS) (i.e.,
MPC–89–CBS), in the HI–STORM F/W
MPC Storage System beginning in
August, 2024, 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.
VistraOps currently uses the HI–
STORM F/W MPC Storage System
under CoC No. 1032, Amendment No. 5,
for dry storage of spent nuclear fuel at
1 Effective
March 1, 2024, the facility operating
license for Perry Nuclear Power Plant was
transferred from Energy Harbor Nuclear Generation
LLC (owner) and Energy Harbor Nuclear Corp.
(operator) to Energy Harbor Nuclear Generation LLC
(owner) and Vistra Operations Company LLC
(ADAMS Accession No. ML24057A075). Upon
completion of this license transfer, Vistra
Operations Company LLC (VistraOps) assumed the
responsibility for all licensing actions under NRC
review at the time of the transfer and requested that
the NRC continue its review of these actions
(ADAMS Accession No. ML24054A498).
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the Perry ISFSI. Holtec International
(Holtec), the designer and manufacturer
of the HI–STORM F/W MPC Storage
System, developed a variant of the
design with CBS for the MPC–89,
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).
VistraOps’s near-term loading
campaign for the Perry ISFSI, in
addition to other loadings of non-CBS
MPCs, also includes plans to load two
MPC–89–CBS in the HI–STORM F/W
MPC Storage System 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, VistraOps
submitted this exemption request in
order to allow for the future loadings of
the two MPC–89–CBS canisters
beginning in August 2024 at the Perry
ISFSI. This exemption is limited to the
use of two MPC–89–CBS in the HI–
STORM F/W MPC Storage System for
the specific near-term planned loading
beginning in August 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
VistraOps to load two MPC–89–CBS
canisters in the HI–STORM F/W MPC
Storage System beginning in August
2024 at its Perry ISFSI in a storage
condition where the terms, conditions,
and specifications in the CoC No. 1032,
Amendment No. 5, are not met.
VistraOps is requesting an exemption
from the provisions in 10 CFR part 72
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
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.
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B. The Exemption Will Not Endanger
Life or Property or the Common Defense
and Security
This exemption would allow
VistraOps to load two MPC–89–CBS in
the HI–STORM F/W MPC Storage
System beginning in August 2024 at the
Perry 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, VistraOps 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. VistraOps 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.
VistraOps 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 Perry
ISFSI. Specifically, VistraOps 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
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(UFSAR) for the HI–STORM F/W MPC
Storage System CoC No. 1032,
Amendment No. 5 that is used at the
Perry site. VistraOps also described its
administrative controls for handling of
the HI–STORM F/W MPC Storage
System at the Perry ISFSI to prevent a
tip-over or handling event. Those
controls include ensuring that all lifts of
the cask will be conducted in
accordance with Perry’s existing heavy
load program. The fuel handling
building crane at Perry was upgraded to
single failure proof. Also, evaluations
pursuant to 10 CFR 50.59, ‘‘Changes,
tests and experiments,’’ have been
performed demonstrating that heavy
load lifts and the use of the HI–STORM
F/W MPC Storage System are in
compliance with Perry’s existing heavy
load requirements. In addition,
transportation of a loaded HI–STORM
F/W MPC Storage System into and out
the fuel handling building is
accomplished using a zero profile
transporter with Hilman rollers that
provides support from underneath. The
applicant stated that transportation of a
loaded HI–STORM storage cask between
the fuel handling building and the ISFSI
is accomplished by the Holtec HI–
TRAN, which meets the requirements of
CoC No. 1032, Amendment No. 5.
VistraOps provided information from
‘‘Perry Nuclear Power Plant 10 CFR
72.212 Evaluation Report,’’ Revision 2,
which evaluated the seismic stability of
the transport of the overpack and during
stackup. VistraOps report concluded
that both HI–STORM/HI–TRAC Stackup
and transfer of the loaded HI–STORM
overpack by HI–TRAN remains
kinematically stable and does not
overturn during a seismic event.
Additionally, VistraOps provided
specific information from Perry’s site
evaluation from its ‘‘Perry Nuclear
Power Plant 10 CFR 72.212 Evaluation
Report,’’ Revision 2, which states that
during the design basis event of a nonmechanistic tip-over, Perry’s ISFSI
would meet the requirements in 10 CFR
72.106, ‘‘Controlled area of an ISFSI or
MRS [monitored retrievable storage
installation].’’ Specifically, VistraOps
stated that section 12.2 of the UFSAR
for the HI–STORM F/W MPC Storage
System shows that there are no
accidents that significantly affect the
shielding analyses. In addition, the
minimum distance from the ISFSI to the
site boundary at the Perry ISFSI is 428
meters, compared to the 100-meter
distance in the UFSAR. 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
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42513
would be maintained, and the storage
cask shielding material would remain
intact. Coupled with the distance of the
Perry ISFSI to the site area boundary,
VistraOps concluded that compliance
with §§ 72.104, ‘‘Criteria for radioactive
materials in effluents and direct
radiation from an ISFSI or MRS,’’ and
72.106 is not impacted by approving
this exemption request.
The NRC staff reviewed the
information provided by VistraOps and
concludes that issuance of the
exemption would not endanger life or
property because the administrative
controls VistraOps has in place at the
Perry ISFSI sufficiently minimize the
possibility of a tip-over or handling
event, and that the containment
boundary would be maintained if such
an event were to occur. The staff
confirmed that the technical
specifications for the CoC No. 1032,
Amendment No. 5, for the HI–STORM
F/W MPC Storage System used at the
Perry site contain restrictions on lifting
the transfer cask or storage cask when
loaded with fuel. Specifically, technical
specification 5.2.c.2 authorizes lifting to
any height as long as the horizontal
cross beam and any lifting attachments
used to connect the load to the lifting
equipment are designed, fabricated,
operated, tested, inspected, and
maintained in accordance with
applicable sections and guidance of
NUREG–0612, ‘‘Control of Heavy Loads
at Nuclear Power Plants: Resolution of
Generic Technical Activity A–36,’’
Section 5.1, including applicable stress
limits from American National
Standards Institute N14.6, ‘‘Radioactive
Materials—Special Lifting Devices For
Shipping Containers Weighing 10 000
Pounds (4500 Kg) Or More.’’ In
addition, the staff confirmed that the
information provided by VistraOps
regarding Revision 2 of the ‘‘Perry
Nuclear Power Plant 10 CFR 72.212
Evaluation Report,’’ 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
Perry 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
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property or the common defense and
security.
C. The Exemption Is Otherwise in the
Public Interest
The proposed exemption would allow
VistraOps to load two MPC–89–CBS in
the HI–STORM F/W MPC Storage
System in August 2024, at the Perry
ISFSI, even though the CBS variant
basket design is not part of the approved
CoC No. 1032, Amendment No. 5.
According to VistraOps, the exemption
is in the public interest because not
being able to load fuel into the two
MPC–89–CBS baskets during the August
2024 loading campaigns would impact
VistraOps’s ability at Perry to maintain
full-core offload capability,
consequently increasing risk and
challenges to continued safe reactor
operation.
VistraOps stated that to delay the
August 2024 loading of the two MPC–
89–CBS baskets at Perry would impact
the ability to maintain a healthy margin
in the spent fuel pool in support of a
full-core discharge capability. VistraOps
stated that not loading the two MPC–
89–CBS spent fuel canisters for storage
on the ISFSI pad in August 2024,
decreases the margin to full-core offload
to 555 open cells in the spent fuel pool.
There are two refueling outages planned
for 2025 and 2027 that would decrease
the full-core offload margin to an
insufficient number of open fuel cells (a
deficit of 25 open cells) due to the
planned discharges of 288 and 292 fuel
bundles, respectively. That is, the Perry
spent fuel pool would lose full-core
offload in 2027 and would not regain
full-core offload, and margin to full-core
offload, until the 2028 spent fuel
loading campaign. Having no full-core
offload capability for over a year of
operation at Perry is an unnecessary risk
to the operation of the plant, spent fuel
pool inventory and operations. In order
to regain full-core offload prior to the
2028 spent fuel loading campaign, nonfuel components stored in the pool
would need to be relocated, which
involves additional resources, dose, and
risk to perform the relocations.
For the reasons described by
VistraOps in its 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, VistraOps would
have to keep spent fuel in the spent fuel
pool if it is not permitted to be loaded
into casks in the August 2024 spent fuel
loading, thus impacting Perry’s ability
to effectively manage the margin for
full-core discharge capacity. As
explained by VistraOps, increased
inventory of fuel in the spent fuel pool
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could result in the need for relocation
or movement of non-fuel components
and, therefore, an increase in worker
doses and the potential for accidents
that accompany increased movement of
radioactive material. Moreover, should
spent fuel pool capacity be reached, the
ability to refuel the 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
May 8, 2024 (89 FR 38926).
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 VistraOps 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 loading of two HI–STORM F/W
MPC Storage System in MPC–89–CBS
beginning in August 2024.
This exemption is effective upon
issuance.
Dated: May 8, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Branch,
Division of Fuel Management, Office of
Nuclear Material Safety, and Safeguards.
[FR Doc. 2024–10585 Filed 5–14–24; 8:45 am]
BILLING CODE 7590–01–P
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POSTAL REGULATORY COMMISSION
[Docket Nos. CP2024–180; MC2024–282 and
CP2024–288; MC2024–283 and CP2024–289;
MC2024–284 and CP2024–290]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
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: May 17,
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
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,
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42511-42514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10585]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-69 and 50-440; NRC-2024-0082]
Vistra Operations Company LLC.; Perry Nuclear Power Plant, Unit
1; Independent Spent Fuel Storage Installation; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an
exemption to Vistra Operations Company LLC \1\ permitting Perry Nuclear
Power Plant (Perry) to load the Holtec 89 position multi-purpose
canister with continuous basket shims in HI-STORM Flood/Wind
Multipurpose Canister Storage System at its Perry Unit 1 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.
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\1\ Effective March 1, 2024, the facility operating license for
Perry Nuclear Power Plant was transferred from Energy Harbor Nuclear
Generation LLC (owner) and Energy Harbor Nuclear Corp. (operator) to
Energy Harbor Nuclear Generation LLC (owner) and Vistra Operations
Company LLC (ADAMS Package Accession No. ML24057A092). Upon
completion of this license transfer, Vistra Operations Company LLC
assumed the responsibility for all licensing actions under NRC
review at the time of the transfer and requested that the NRC
continue its review of these actions (ADAMS Accession No.
ML24054A498).
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DATES: The exemption was issued on May 8, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0082 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-2024-0082. 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.
[[Page 42512]]
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: Bernard White, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-6577; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: May 9, 2024.
For the Nuclear Regulatory Commission.
Christian Jacobs,
Acting Chief, Storage and Transportation Licensing Branch, Division of
Fuel Management, Office of Nuclear Material Safety, and Safeguards.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-69, and 50-440; NRC-2024-0082]
Vistra Operations Company LLC; Perry Nuclear Power Plant, Unit 1;
Independent Spent Fuel Storage Installation
I. Background
Vistra Operations Company LLC (VistraOps) is the holder of Facility
Operating License No. NPF-58, which authorizes operation of the Perry
Nuclear Power Plant, Unit 1 (Perry) in North Perry, Ohio, pursuant to
part 50 of Title 10 of the Code of Federal Regulations (10 CFR),
``Domestic Licensing of Production and Utilization Facilities.'' The
license provides, 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. VistraOps 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 Perry ISFSI. Under the terms of the
general license, VistraOps stores spent fuel at its Perry ISFSI using
the HI-STORM Flood/Wind (F/W) Multipurpose Canister (MPC) Storage
System in accordance with Certificate of Compliance (CoC) No. 1032,
Amendment No. 5.
II. Request/Action
By a letter dated February 27, 2024 (Agencywide Documents Access
and Management System [ADAMS] ML24058A180), by Energy Harbor Nuclear
Corporation \1\ and supplemented by VistraOps on March 22, 2024
(ML24082A132), VistraOps 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 Perry to comply with the terms, conditions, and
specifications of the CoC No. 1032, Amendment No. 5 (ML20163A701). If
approved, the VistraOps exemption request would accordingly allow Perry
to load two Multi-Purpose Canisters (MPC) with an unapproved variant
basket design with continuous basket shims (CBS) (i.e., MPC-89-CBS), in
the HI-STORM F/W MPC Storage System beginning in August, 2024, 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.
---------------------------------------------------------------------------
\1\ Effective March 1, 2024, the facility operating license for
Perry Nuclear Power Plant was transferred from Energy Harbor Nuclear
Generation LLC (owner) and Energy Harbor Nuclear Corp. (operator) to
Energy Harbor Nuclear Generation LLC (owner) and Vistra Operations
Company LLC (ADAMS Accession No. ML24057A075). Upon completion of
this license transfer, Vistra Operations Company LLC (VistraOps)
assumed the responsibility for all licensing actions under NRC
review at the time of the transfer and requested that the NRC
continue its review of these actions (ADAMS Accession No.
ML24054A498).
---------------------------------------------------------------------------
VistraOps currently uses the HI-STORM F/W MPC Storage System under
CoC No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at
the Perry ISFSI. Holtec International (Holtec), the designer and
manufacturer of the HI-STORM F/W MPC Storage System, developed a
variant of the design with CBS for the MPC-89, 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).
VistraOps's near-term loading campaign for the Perry ISFSI, in
addition to other loadings of non-CBS MPCs, also includes plans to load
two MPC-89-CBS in the HI-STORM F/W MPC Storage System 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, VistraOps submitted this exemption request in
order to allow for the future loadings of the two MPC-89-CBS canisters
beginning in August 2024 at the Perry ISFSI. This exemption is limited
to the use of two MPC-89-CBS in the HI-STORM F/W MPC Storage System for
the specific near-term planned loading beginning in August 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 VistraOps to load two MPC-89-CBS
canisters in the HI-STORM F/W MPC Storage System beginning in August
2024 at its Perry ISFSI in a storage condition where the terms,
conditions, and specifications in the CoC No. 1032, Amendment No. 5,
are not met. VistraOps is requesting an exemption from the provisions
in 10 CFR part 72
[[Page 42513]]
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 VistraOps to load two MPC-89-CBS in the
HI-STORM F/W MPC Storage System beginning in August 2024 at the Perry
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, VistraOps 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. VistraOps 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.
VistraOps 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 Perry
ISFSI. Specifically, VistraOps 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 F/W MPC Storage System CoC No.
1032, Amendment No. 5 that is used at the Perry site. VistraOps also
described its administrative controls for handling of the HI-STORM F/W
MPC Storage System at the Perry ISFSI to prevent a tip-over or handling
event. Those controls include ensuring that all lifts of the cask will
be conducted in accordance with Perry's existing heavy load program.
The fuel handling building crane at Perry was upgraded to single
failure proof. Also, evaluations pursuant to 10 CFR 50.59, ``Changes,
tests and experiments,'' have been performed demonstrating that heavy
load lifts and the use of the HI-STORM F/W MPC Storage System are in
compliance with Perry's existing heavy load requirements. In addition,
transportation of a loaded HI-STORM F/W MPC Storage System into and out
the fuel handling building is accomplished using a zero profile
transporter with Hilman rollers that provides support from underneath.
The applicant stated that transportation of a loaded HI-STORM storage
cask between the fuel handling building and the ISFSI is accomplished
by the Holtec HI-TRAN, which meets the requirements of CoC No. 1032,
Amendment No. 5. VistraOps provided information from ``Perry Nuclear
Power Plant 10 CFR 72.212 Evaluation Report,'' Revision 2, which
evaluated the seismic stability of the transport of the overpack and
during stackup. VistraOps report concluded that both HI-STORM/HI-TRAC
Stackup and transfer of the loaded HI-STORM overpack by HI-TRAN remains
kinematically stable and does not overturn during a seismic event.
Additionally, VistraOps provided specific information from Perry's
site evaluation from its ``Perry Nuclear Power Plant 10 CFR 72.212
Evaluation Report,'' Revision 2, which states that during the design
basis event of a non-mechanistic tip-over, Perry's ISFSI would meet the
requirements in 10 CFR 72.106, ``Controlled area of an ISFSI or MRS
[monitored retrievable storage installation].'' Specifically, VistraOps
stated that section 12.2 of the UFSAR for the HI-STORM F/W MPC Storage
System shows that there are no accidents that significantly affect the
shielding analyses. In addition, the minimum distance from the ISFSI to
the site boundary at the Perry ISFSI is 428 meters, compared to the
100-meter distance in the UFSAR. 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 storage cask shielding material would remain intact. Coupled with
the distance of the Perry ISFSI to the site area boundary, VistraOps
concluded that compliance with Sec. Sec. 72.104, ``Criteria for
radioactive materials in effluents and direct radiation from an ISFSI
or MRS,'' and 72.106 is not impacted by approving this exemption
request.
The NRC staff reviewed the information provided by VistraOps and
concludes that issuance of the exemption would not endanger life or
property because the administrative controls VistraOps has in place at
the Perry ISFSI sufficiently minimize the possibility of a tip-over or
handling event, and that the containment boundary would be maintained
if such an event were to occur. The staff confirmed that the technical
specifications for the CoC No. 1032, Amendment No. 5, for the HI-STORM
F/W MPC Storage System used at the Perry site contain restrictions on
lifting the transfer cask or storage cask when loaded with fuel.
Specifically, technical specification 5.2.c.2 authorizes lifting to any
height as long as the horizontal cross beam and any lifting attachments
used to connect the load to the lifting equipment are designed,
fabricated, operated, tested, inspected, and maintained in accordance
with applicable sections and guidance of NUREG-0612, ``Control of Heavy
Loads at Nuclear Power Plants: Resolution of Generic Technical Activity
A-36,'' Section 5.1, including applicable stress limits from American
National Standards Institute N14.6, ``Radioactive Materials--Special
Lifting Devices For Shipping Containers Weighing 10 000 Pounds (4500
Kg) Or More.'' In addition, the staff confirmed that the information
provided by VistraOps regarding Revision 2 of the ``Perry Nuclear Power
Plant 10 CFR 72.212 Evaluation Report,'' 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 Perry 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
[[Page 42514]]
property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
The proposed exemption would allow VistraOps to load two MPC-89-CBS
in the HI-STORM F/W MPC Storage System in August 2024, at the Perry
ISFSI, even though the CBS variant basket design is not part of the
approved CoC No. 1032, Amendment No. 5. According to VistraOps, the
exemption is in the public interest because not being able to load fuel
into the two MPC-89-CBS baskets during the August 2024 loading
campaigns would impact VistraOps's ability at Perry to maintain full-
core offload capability, consequently increasing risk and challenges to
continued safe reactor operation.
VistraOps stated that to delay the August 2024 loading of the two
MPC-89-CBS baskets at Perry would impact the ability to maintain a
healthy margin in the spent fuel pool in support of a full-core
discharge capability. VistraOps stated that not loading the two MPC-89-
CBS spent fuel canisters for storage on the ISFSI pad in August 2024,
decreases the margin to full-core offload to 555 open cells in the
spent fuel pool. There are two refueling outages planned for 2025 and
2027 that would decrease the full-core offload margin to an
insufficient number of open fuel cells (a deficit of 25 open cells) due
to the planned discharges of 288 and 292 fuel bundles, respectively.
That is, the Perry spent fuel pool would lose full-core offload in 2027
and would not regain full-core offload, and margin to full-core
offload, until the 2028 spent fuel loading campaign. Having no full-
core offload capability for over a year of operation at Perry is an
unnecessary risk to the operation of the plant, spent fuel pool
inventory and operations. In order to regain full-core offload prior to
the 2028 spent fuel loading campaign, non-fuel components stored in the
pool would need to be relocated, which involves additional resources,
dose, and risk to perform the relocations.
For the reasons described by VistraOps in its 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, VistraOps would have to keep spent fuel in the spent fuel pool if
it is not permitted to be loaded into casks in the August 2024 spent
fuel loading, thus impacting Perry's ability to effectively manage the
margin for full-core discharge capacity. As explained by VistraOps,
increased inventory of fuel in the spent fuel pool could result in the
need for relocation or movement of non-fuel components and, therefore,
an increase in worker doses and the potential for accidents that
accompany increased movement of radioactive material. Moreover, should
spent fuel pool capacity be reached, the ability to refuel the
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 May 8, 2024 (89 FR 38926).
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 VistraOps
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 loading of two HI-STORM F/W MPC Storage System in MPC-89-CBS
beginning in August 2024.
This exemption is effective upon issuance.
Dated: May 8, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-10585 Filed 5-14-24; 8:45 am]
BILLING CODE 7590-01-P