Constellation Energy Generation, LLC.; Limerick Generating Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption, 42905-42907 [2024-10778]
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–65, 50–352, and 50–353;
NRC–2024–0083]
Constellation Energy Generation, LLC.;
Limerick Generating 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., permitting Limerick Generating
Station (LGS) to maintain three loaded
and to load five new 89 multi-purpose
canisters (MPC) with continuous basket
shims in the HI–STORM Flood/Wind
MPC Storage System at its LGS 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. 1, Revision No.
1 are not met.
DATES: The exemption was issued on
May 8, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0083 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–2024–0083. 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
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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17:50 May 15, 2024
Jkt 262001
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: May 13, 2024.
For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation
Licensing Branch, Division of Fuel
Management, Office of Nuclear Material
Safety, and Safeguards.
Attachment—Exemption
NUCLEAR REGULATORY
COMMISSION
Docket Nos. 72–65, 50–352, and 50–353
Constellation Energy Generation, LLC.;
Limerick Generating 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. NPF–39
and NPF–85, which authorize operation
of the Limerick Generating Station
(LGS) Units 1 and 2 in Limerick,
Pennsylvania, 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.
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 LGS ISFSI. Under the terms of the
general license, Constellation stores
spent fuel at its LGS ISFSI using the HI–
STORM Flood/Wind (FW) Multi-
PO 00000
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Fmt 4703
Sfmt 4703
42905
Purpose Canister (MPC) Storage System
in accordance with Certificate of
Compliance (CoC) No. 1032,
Amendment No. 1, Revision No. 1.
II. Request/Action
By a letter dated April 5, 2024
(Agencywide Documents Access and
Management System [ADAMS]
Accession No. ML24096A137),
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 the LGS to comply
with the terms, conditions, and
specifications of the CoC No. 1032,
Amendment No. 1, Revision No. 1
(ML15152A358). If approved,
Constellation’s exemption request
would accordingly allow the LGS to
maintain three loaded and to load five
MPCs with continuous basket shims
(CBS) (i.e., MPC–89–CBS) in the HI–
STORM FW MPC Storage System, and
thus, to maintain and load the systems
in a storage condition where the terms,
conditions, and specifications in the
CoC No. 1032, Amendment No. 1,
Revision No. 1, are not met.
Constellation currently uses the HI–
STORM FW MPC Storage System under
CoC No. 1032, Amendment No. 1,
Revision No. 1, for dry storage of spent
nuclear fuel in MPC–89 at the LGS
ISFSI. Holtec International (Holtec), the
designer and manufacturer of the HI–
STORM FW MPC Storage System,
developed a variant of the design with
CBS for the MPC–89 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).
Prior to the issuance of the violations,
Constellation had loaded three MPC–
89–CBS in the HI–STORM FW MPC
Storage System, which are safely in
storage at the LGS ISFSI.
Constellation’s near-term loading
campaign for the LGS ISFSI include
plans to load five MPC–89–CBS in the
HI–STORM FW MPC Storage System
beginning in August 2024. While Holtec
was required to submit a CoC
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
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 in order to allow for the
continued storage of the three already
loaded MPC–89–CBS, and future
loading of five MPC–89–CBS beginning
in August 2024 at the LGS ISFSI. This
exemption is limited to the use of MPC–
89–CBS in the HI–STORM FW MPC
Storage System only for the three
already loaded canisters and specific
near-term planned loading of five 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
Constellation to maintain three loaded
and to load five MPC–89–CBS in the
HI–STORM FW MPC Storage System at
its LGS ISFSI in a storage condition
where the terms, conditions, and
specifications in the CoC No. 1032,
Amendment No. 1, 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
the 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 maintain three loaded
and to load five MPC–89–CBS in the
HI–STORM FW MPC Storage System at
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17:50 May 15, 2024
Jkt 262001
the LGS ISFSI in a storage condition
where the terms, conditions, and
specifications in the CoC No. 1032,
Amendment No. 1, 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–89–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 LGS
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 FW MPC
Storage System CoC No. 1032,
Amendment 1, Revision No. 1, that is
used at the LGS site. Constellation also
described its administrative controls for
handling of the HI–STORM FW MPC
Storage System at the LGS ISFSI to
prevent a tip-over or handling event.
Those controls include using singlefailure-proof handling systems as
defined in Section 5.1.6 of NUREG–
0612, ‘‘Control of Heavy Loads at
Nuclear Power Plants’’. The LGS’s
UFSAR Section 9.1.5.4 indicates that
the single failure proof design of the
reactor enclosure crane conforms to
NUREG–0554, ‘‘Single-Failure-Proof
Cranes for Nuclear Power Plants’’.
Constellation referenced their ‘‘Rigging
and Lifting Program’’, ‘‘Control of Heavy
Loads Program’’ and ‘‘Limerick
Generating Station Rigging and
Handling Heavy Loads’’ to further
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
demonstrate that the LGS has applicable
operational procedures in place to safely
load, process, transfer and move the
MPCs in accordance with the Technical
Specifications in Appendix A of the
CoC and the HI–STORM FW UFSAR.
Additionally, Constellation provided
specific information from the LGS’s
72.212 Evaluation Report, Revision 3,
indicating that during the design basis
event of a non-mechanistic tip-over, the
LGS’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 LGS 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 Constellation has in place at
the LGS 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 are documented
in the technical specifications and
UFSAR for the HI–STORM FW MPC
Storage System CoC No. 1032,
Amendment 1, Revision No. 1, that is
used at the LGS site. In addition, the
staff confirmed that the information
provided by Constellation regarding the
LGS’s 72.212 Evaluation Report,
Revision 3, 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
LGS 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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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
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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
the three already loaded MPC–89–CBS
in the HI–STORM FW MPC Storage
System to remain in storage at the LGS
ISFSI and allow Constellation to load
five MPC–89–CBS in the HI–STORM
FW MPC Storage System beginning in
August 2024 at the LGS ISFSI, even
though the CBS variant basket design is
not part of the approved CoC No. 1032,
Amendment No. 1, Revision No. 1.
According to Constellation, the
exemption is in the public interest
because unloading fuel from already
loaded canisters and not being able to
load fuel into dry storage in future
loading campaigns would impact
Constellation’s ability to offload fuel
from the LGS reactor units,
consequently impacting continued safe
reactor operation. The reflooding of the
MPCs, removal of fuel assemblies, and
replacement into a different MPC would
result in additional doses and handling
operations with no added safety benefit.
In addition, future loading campaigns
would need to be delayed until older
design canisters can be fabricated and
delivered to the site.
Constellation stated that to unload
already loaded MPC–89–CBS or delay
the future loading campaigns would
impact the ability to effectively manage
the margin to full core discharge
capacity in the LGS Units 1 and 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 increase the likelihood of a loss of
fuel pool cooling event and a fuel
handling accident. Furthermore, the
LGS planned the cask loading
campaigns 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, in order to
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17:50 May 15, 2024
Jkt 262001
comply with the CoC, Constellation
would have to unload MPC–89–CBS
from the HI–STORM FW MPC Storage
System at the LGS ISFSI and reload into
the older design MPC–89 to restore
compliance with terms, conditions, and
specifications of the CoC. This would
subject onsite personnel to additional
radiation exposure, increase the risk of
a possible fuel handling accident, and
increase the risk of a possible heavy
load handling accident. Furthermore,
the removed spent fuel would need to
be placed in the spent fuel pool until it
can be loaded into another storage cask
or remain in the spent fuel pool if it is
not permitted to be loaded into casks for
future loading campaigns. As described
by Constellation, this scenario would
affect Constellation’s ability to
effectively manage the spent pool
capacity and reactor fuel offloading at
the LGS. In addition, the rescheduling
of the specialized resources for the
future loading campaigns would impact
the operations of the LGS 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
May 8, 2024 (89 FR 38921).
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 ongoing storage of three MPC–89–
CBS in the HI–STORM FW MPC Storage
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Fmt 4703
Sfmt 4703
42907
System and a future loading in the HI–
STORM FW MPC Storage System of five
new 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 Licensing
Branch, Division of Fuel Management, Office
of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024–10778 Filed 5–15–24; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2022–134; CP2023–56;
MC2024–280 and CP2024–286; MC2024–281
and CP2024–287]
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 16,
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.
E:\FR\FM\16MYN1.SGM
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Agencies
[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42905-42907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10778]
[[Page 42905]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-65, 50-352, and 50-353; NRC-2024-0083]
Constellation Energy Generation, LLC.; Limerick Generating
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., permitting Limerick
Generating Station (LGS) to maintain three loaded and to load five new
89 multi-purpose canisters (MPC) with continuous basket shims in the
HI-STORM Flood/Wind MPC Storage System at its LGS 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. 1, Revision No. 1 are not met.
DATES: The exemption was issued on May 8, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0083 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-2024-0083. 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: May 13, 2024.
For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation Licensing Branch, Division of
Fuel Management, Office of Nuclear Material Safety, and Safeguards.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 72-65, 50-352, and 50-353
Constellation Energy Generation, LLC.; Limerick Generating 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. NPF-39 and NPF-85, which
authorize operation of the Limerick Generating Station (LGS) Units 1
and 2 in Limerick, Pennsylvania, 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. 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 LGS ISFSI. Under the terms of the general
license, Constellation stores spent fuel at its LGS 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.
1, Revision No. 1.
II. Request/Action
By a letter dated April 5, 2024 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML24096A137), 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
the LGS to comply with the terms, conditions, and specifications of the
CoC No. 1032, Amendment No. 1, Revision No. 1 (ML15152A358). If
approved, Constellation's exemption request would accordingly allow the
LGS to maintain three loaded and to load five MPCs with continuous
basket shims (CBS) (i.e., MPC-89-CBS) in the HI-STORM FW MPC Storage
System, and thus, to maintain and load the systems in a storage
condition where the terms, conditions, and specifications in the CoC
No. 1032, Amendment No. 1, Revision No. 1, are not met.
Constellation currently uses the HI-STORM FW MPC Storage System
under CoC No. 1032, Amendment No. 1, Revision No. 1, for dry storage of
spent nuclear fuel in MPC-89 at the LGS ISFSI. Holtec International
(Holtec), the designer and manufacturer of the HI-STORM FW MPC Storage
System, developed a variant of the design with CBS for the MPC-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).
Prior to the issuance of the violations, Constellation had loaded
three MPC-89-CBS in the HI-STORM FW MPC Storage System, which are
safely in storage at the LGS ISFSI.
Constellation's near-term loading campaign for the LGS ISFSI
include plans to load five MPC-89-CBS in the HI-STORM FW MPC Storage
System beginning in August 2024. While Holtec was required to submit a
CoC
[[Page 42906]]
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 in order to allow for the continued storage of the
three already loaded MPC-89-CBS, and future loading of five MPC-89-CBS
beginning in August 2024 at the LGS ISFSI. This exemption is limited to
the use of MPC-89-CBS in the HI-STORM FW MPC Storage System only for
the three already loaded canisters and specific near-term planned
loading of five 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 Constellation to maintain three loaded
and to load five MPC-89-CBS in the HI-STORM FW MPC Storage System at
its LGS ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 1, 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 the 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 maintain three loaded
and to load five MPC-89-CBS in the HI-STORM FW MPC Storage System at
the LGS ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032, Amendment No. 1, 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-89-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 LGS 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 FW MPC Storage System CoC No. 1032, Amendment 1, Revision No.
1, that is used at the LGS site. Constellation also described its
administrative controls for handling of the HI-STORM FW MPC Storage
System at the LGS ISFSI to prevent a tip-over or handling event. Those
controls include using single-failure-proof handling systems as defined
in Section 5.1.6 of NUREG-0612, ``Control of Heavy Loads at Nuclear
Power Plants''. The LGS's UFSAR Section 9.1.5.4 indicates that the
single failure proof design of the reactor enclosure crane conforms to
NUREG-0554, ``Single-Failure-Proof Cranes for Nuclear Power Plants''.
Constellation referenced their ``Rigging and Lifting Program'',
``Control of Heavy Loads Program'' and ``Limerick Generating Station
Rigging and Handling Heavy Loads'' to further demonstrate that the LGS
has applicable operational procedures in place to safely load, process,
transfer and move the MPCs in accordance with the Technical
Specifications in Appendix A of the CoC and the HI-STORM FW UFSAR.
Additionally, Constellation provided specific information from the
LGS's 72.212 Evaluation Report, Revision 3, indicating that during the
design basis event of a non-mechanistic tip-over, the LGS'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 LGS 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 Constellation has in place
at the LGS 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 are documented in the technical specifications and UFSAR for
the HI-STORM FW MPC Storage System CoC No. 1032, Amendment 1, Revision
No. 1, that is used at the LGS site. In addition, the staff confirmed
that the information provided by Constellation regarding the LGS's
72.212 Evaluation Report, Revision 3, 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 LGS 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 42907]]
property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
The proposed exemption would allow the three already loaded MPC-89-
CBS in the HI-STORM FW MPC Storage System to remain in storage at the
LGS ISFSI and allow Constellation to load five MPC-89-CBS in the HI-
STORM FW MPC Storage System beginning in August 2024 at the LGS ISFSI,
even though the CBS variant basket design is not part of the approved
CoC No. 1032, Amendment No. 1, Revision No. 1. According to
Constellation, the exemption is in the public interest because
unloading fuel from already loaded canisters and not being able to load
fuel into dry storage in future loading campaigns would impact
Constellation's ability to offload fuel from the LGS reactor units,
consequently impacting continued safe reactor operation. The reflooding
of the MPCs, removal of fuel assemblies, and replacement into a
different MPC would result in additional doses and handling operations
with no added safety benefit. In addition, future loading campaigns
would need to be delayed until older design canisters can be fabricated
and delivered to the site.
Constellation stated that to unload already loaded MPC-89-CBS or
delay the future loading campaigns would impact the ability to
effectively manage the margin to full core discharge capacity in the
LGS Units 1 and 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 increase the likelihood of a loss of fuel pool cooling event
and a fuel handling accident. Furthermore, the LGS planned the cask
loading campaigns 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, in order to comply with the
CoC, Constellation would have to unload MPC-89-CBS from the HI-STORM FW
MPC Storage System at the LGS ISFSI and reload into the older design
MPC-89 to restore compliance with terms, conditions, and specifications
of the CoC. This would subject onsite personnel to additional radiation
exposure, increase the risk of a possible fuel handling accident, and
increase the risk of a possible heavy load handling accident.
Furthermore, the removed spent fuel would need to be placed in the
spent fuel pool until it can be loaded into another storage cask or
remain in the spent fuel pool if it is not permitted to be loaded into
casks for future loading campaigns. As described by Constellation, this
scenario would affect Constellation's ability to effectively manage the
spent pool capacity and reactor fuel offloading at the LGS. In
addition, the rescheduling of the specialized resources for the future
loading campaigns would impact the operations of the LGS 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 May 8, 2024 (89 FR 38921).
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 ongoing storage of three MPC-89-CBS in the HI-STORM
FW MPC Storage System and a future loading in the HI-STORM FW MPC
Storage System of five new 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 Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-10778 Filed 5-15-24; 8:45 am]
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