South Texas Project Nuclear Operating Company; South Texas Project Electric Generating Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Environmental Assessment and Finding of No Significant Impact, 53452-53455 [2024-13978]

Download as PDF 53452 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices writing. All written comments should be submitted via any of the methods provided under ADDRESSES. Lead and Cooperating Agencies NASA is the lead agency for the EIS. The Regents of the University of California will serve as the lead State agency for the EIR. Cooperating agencies have not been identified at this time; however, NASA continues to coordinate with external agencies and may identify one or multiple cooperating agencies during the scoping period. Joel Carney, Associate Administrator of the Office of Strategic Infrastructure, Mission Support Directorate, National Aeronautics and Space Administration. [FR Doc. 2024–13756 Filed 6–25–24; 8:45 am] BILLING CODE 7510–13–P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of permit applications received. AGENCY: ACTION: The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act in the Code of Federal Regulations. This is the required notice of permit applications received. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by July 26, 2024. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, Virginia 22314 or ACApermits@nsf.gov. FOR FURTHER INFORMATION CONTACT: Andrew Titmus, ACA Permit Officer, at the above address, 703–292–4479. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95–541, 45 CFR 671), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 designation of certain animals and certain geographic areas as requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. Application Details Permit Application: 2025–003 1. Applicant: Birgitte McDonald, Moss Landing Marine Labs, 8272 Moss Landing Rd. Moss landing, CA 95039 Activity for Which Permit is Requested: Take, Harmful Interference, Enter Antarctic Specially Protected Area, Import to USA. The applicant requests authorization to enter Antarctic Specially Protected Area (ASPA) No. 124, Cape Crozier, to conduct physiological and ecological studies on emperor penguins (Aptenodytes forsteri). The two-part project aims to address fundamental information gaps about the foraging ecology and habitat use of emperor penguins at two stages of their life history. The applicant proposes capturing up to 35 adult breeding emperor penguins as they depart colonies to forage. Penguins will be captured over 100 m away from the colony to minimize disturbance to the colony. Captured penguins will undergo morphological and physiological sampling, including blood, feathers, and guano, and will be fitted with instrumentation used for collecting foraging data. Up to five penguins will also be fitted with a video data logger. Up to 12 penguins would be measured for field metabolic rate using injected sterile doubly labeled water requiring the penguins to be corralled for up to 3.5 hours. Previous experience has show the penguins remain calm during this period. After penguins return from a foraging trip (∼1–3 weeks), the would be recaptured, weighted, measured, and a blood sample collected. An additional 200 guano samples would be collected from penguins at the colony by collecting fresh guano from clean ice or snow at the periphery of the colony. Location: ASPA 124—Cape Crozier, Ross Island. Dates of Permitted Activities: 1 October 2024–31 May 2025. Kimiko S. Bowens-Knox, Program Analyst, Office of Polar Programs. [FR Doc. 2024–13965 Filed 6–25–24; 8:45 am] Frm 00071 Fmt 4703 Sunshine Act Meetings 11:30 a.m., Friday, June 28, 2024. PLACE: via Zoom. STATUS: Parts of this meeting will be open to the public. The rest of the meeting will be closed to the public. MATTERS TO BE CONSIDERED: Special Audit Committee of the Board of Directors meeting. The General Counsel of the Corporation has certified that in her opinion, one or more of the exemptions set forth in the Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (4) permit closure of the following portion(s) of this meeting: • Executive (Closed) Session TIME AND DATE: Agenda I. Call to Order II. Sunshine Act Approval of Executive (Closed) Session III. Executive Session: Selection of External Auditor IV. Executive Session: Quality Assurance Review Update V. Action Item: Approval of External Auditor Selection PORTIONS OPEN TO THE PUBLIC: Everything except the Executive (Closed) Session. PORTIONS CLOSED TO THE PUBLIC: Executive (Closed) Session. CONTACT PERSON FOR MORE INFORMATION: Jenna Sylvester, Paralegal, (202) 568– 2560; jsylvester@nw.org. Jenna Sylvester, Paralegal. [FR Doc. 2024–14135 Filed 6–24–24; 4:15 pm] BILLING CODE 7570–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 72–1041, 50–498, and 50–499; NRC–2024–0104] South Texas Project Nuclear Operating Company; South Texas Project Electric Generating Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Environmental Assessment and Finding of No Significant Impact Nuclear Regulatory Commission. ACTION: Notice; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and a SUMMARY: BILLING CODE 7555–01–P PO 00000 NEIGHBORHOOD REINVESTMENT CORPORATION Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices finding of no significant impact (FONSI) for an exemption request submitted by South Texas Project Nuclear Operating Company (STPNOC) that would permit South Texas Project Electric Generating Station (STP) to shuffle (relocate) 10 loaded and load two new 37 multipurpose canisters (MPC) with continuous basket shims (CBS) in January and March 2025, respectively, in the HI–STORM Flood/Wind (FW) MPC Storage System at its STP Units 1 and 2 independent spent fuel storage installation (ISFSI) in a storage condition where the terms, conditions, and specifications in the Certificate of Compliance (CoC) No. 1032, Amendment No. 2, are not met. DATES: The EA and FONSI referenced in this document are available on June 26, 2024. ADDRESSES: Please refer to Docket ID NRC–2024–0104 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–2024–0104. 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. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • 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: YenJu Chen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 Regulatory Commission, Washington, DC 20555; telephone: 301–415–1018; email: Yen-Ju.Chen@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is reviewing an exemption request from STPNOC, dated May 7, 2024, and supplemented on May 15, 2024. STPNOC is requesting an exemption, pursuant to section 72.7 of title 10 of the Code of Federal Regulations (10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require STPNOC to comply with the terms, conditions, and specifications of CoC No. 1032, Amendment No. 2. If approved, the exemption would allow STPNOC to shuffle (relocate) 10 loaded MPC–37– CBS in the HI–STORM FW MPC Storage System on the ISFSI pad at the STP ISFSI in January 2025, and load two MPC–37–CBS in March 2025 in the HI– STORM FW MPC Storage System at the STP ISFSI in a storage condition where the terms, conditions, and specifications in CoC No. 1032, Amendment No. 2, are not met. II. Environmental Assessment Background STP is located in Bay City, Texas. STP occupies a 12,200-acre site west of the Colorado River and approximately 70 miles southwest of Houston. Unit 1 began operating in 1988 and Unit 2 began operating in 1989. STPNOC has been storing spent nuclear fuel in an ISFSI at STP under a general license as authorized by 10 CFR part 72, subpart K, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites.’’ STPNOC currently uses the HI–STORM FW MPC Storage System under CoC No. 1032, Amendment No. 2, for dry storage of spent nuclear fuel in a specific MPC (i.e., MPC–37) at the STP ISFSI. Description of the Proposed Action The CoC is the NRC approved design for each dry cask storage system. The proposed action would exempt the applicant 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 only as these requirements pertain to the use of the MPC–37–CBS in the HI–STORM FW MPC Storage System for the near-term planned shuffling and loading of the systems. The exemption would allow STPNOC to shuffle (relocate) 10 loaded MPC–37– CBS in the HI–STORM FW MPC Storage System on the ISFSI pad at the STP ISFSI in January 2025, and load two new MPC–37–CBS in March 2025 in the PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 53453 HI–STORM FW MPC Storage System at the STP ISFSI in a storage condition, despite the MPC–37–CBS in the HI– STORM FW MPC Storage System not being in compliance with the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 2. The HI–STORM FW MPC Storage System CoC provides the requirements, conditions, and operating limits necessary for the use of the system to store spent fuel. Holtec International (Holtec), the designer and manufacturer of the HI–STORM FW MPC Storage System, developed a variant of the design with CBS for the MPC–37, known as MPC–37–CBS. Holtec originally implemented the CBS variant design under the provisions of 10 CFR 72.48, 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 was not the type of change allowed without a CoC amendment. For this reason, the NRC issued three Severity Level IV violations to Holtec. STPNOC plans to shuffle (relocate) the 10 loaded MPC–37–CBS canisters on the ISFSI pad in January 2025 and to load two new MPC–37–CBS in the HI– STORM FW MPC Storage System in March 2025. This exemption considers the relocation of the 10 already loaded canisters and the near-term planned loading of the two canisters with the CBS variant basket design. Need for the Proposed Action STPNOC requested this exemption in order to allow STP to shuffle (relocate) 10 loaded MPC–37–CBS in the HI– STORM FW MPC Storage System on the ISFSI pad at the STP ISFSI in January 2025, and load two new MPC–37–CBS in the HI–STORM FW MPC Storage System at the STP ISFSI in a storage condition in March 2025. Approval of the exemption request would allow STPNOC to effectively manage the margin for full core offload in the STP spent nuclear fuel pool to maintain its ability to offload fuel from the reactor and account for unplanned outages and cask storage component fabrication challenges that could drive rescheduling the loading campaign. It would reduce the decay heat removal demand on the spent fuel pool cooling system, and thus reduce the consequence of a design basis accident associated with a loss of spent fuel pool cooling event and the likelihood of a fuel handling accident. Approval of the exemption request would also allow E:\FR\FM\26JNN1.SGM 26JNN1 53454 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices STPNOC to shuffle already loaded MPC–37–CBS canisters, and thus optimize available space on STP ISFSI pad for cask transporter maneuverability and minimize long-term damage to the STP ISFSI pad and personnel radiation exposure from cask transporter use. ddrumheller on DSK120RN23PROD with NOTICES1 Environmental Impacts of the Proposed Action This EA evaluates the potential environmental impacts of granting an exemption from the terms, conditions, and specifications in CoC No. 1032, Amendment No. 2. The exemption would allow STPNOC to shuffle (relocate) 10 loaded MPC–37–CBS in the HI–STORM FW MPC Storage System on the ISFSI pad at the STP ISFSI in January 2025, and load two new MPC– 37–CBS in March 2025 in the HI– STORM FW MPC Storage System at the STP ISFSI in a storage condition. The potential environmental impacts of storing spent nuclear fuel in NRCapproved storage systems have been documented in previous assessments. On July 18, 1990, the NRC amended 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. The EA for the 1990 final rule analyzed the potential environmental impacts of using NRC-approved storage casks. The EA for the HI–STORM FW MPC Storage System, CoC No. 1032, Amendment No. 2, published on August 23, 2016, tiers off of the EA issued for the July 18, 1990, final rule. ‘‘Tiering’’ off earlier EAs is a standard process encouraged by the regulations implementing the National Environmental Policy Act of 1969 (NEPA) that entails the use of impact analyses of previous EAs to bound the impacts of a proposed action where appropriate. The Holtec HI–STORM FW MPC Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Considering the specific design requirements for the accident conditions, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would not be significant. The exemptions requested by STPNOC at the STP site as they relate to CoC No. 1032, Amendment No. 2, for the HI–STORM FW MPC Storage System are limited to the use of the CBS variant basket design only for shuffling the 10 already loaded canisters and near-term planned loading of two canisters utilizing the CBS variant basket design. The staff has determined that this change in the basket would not result in either radiological or nonradiological environmental impacts that significantly differ from the environmental impacts evaluated in the EA supporting the issuance of CoC No. 1032, Amendment No. 2. If the exemption is granted, there would be no significant change in the types or amounts of any effluents released, no significant increase in individual or cumulative public or occupational radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. Accordingly, the Commission concludes that there would be no significant environmental impacts associated with the proposed action. Alternative to the Proposed Action The staff considered the no-action alternative. The no-action alternative (denial of the exemption request) would require STPNOC to keep the spent nuclear fuel in the spent fuel pool until the approved design canisters can be fabricated and delivered to the site in April 2025 which is after the planned March 2025 loading campaign. Because the March 2025 loading campaign was scheduled, budgeted, and planned several years in advance based on planned refueling outages, new fuel receipts, and other enterprise-level projects while considering the availability of specialty resources (equipment, vendors), any delay would have cascading impacts to future new fuel receipt, refueling outage, and other enterprise projects. Delay beyond 2025, if unable to reschedule in 2025, would result in loading these two canisters during the next scheduled loading campaign in 2028. Then, the number of canisters to be loaded could increase even more based on the new criticality analysis for the spent fuel pools to accommodate the planned use of accident tolerant fuel. Further, if STPNOC does not shuffle the 10 loaded canisters, this could challenge the cask transporter maneuverability on the STP ISFSI pad, and thus increase the use of a cask transporter on the STP ISFSI pad, which could increase the long-term damage to the STP ISFSI pad and result in likely longer personnel radiation exposure from increased transporter use. The NRC has determined that these potential impacts of the no-action alternative could be avoided by proceeding with the proposed exemption, especially given that the staff has concluded in NRC’s Safety Determination Memorandum, issued with respect to the enforcement action against Holtec regarding these violations, that fuel can be stored safely in the MPC–37–CBS canisters. Agencies Consulted The NRC provided the Texas Department of State Health Services (TDSHS) a copy of this draft EA for review by an email dated June 3, 2024. On June 18, 2024, the TDSHS provided its concurrence by email. 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 EA, 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, would not significantly impact the quality of the human environment. The exemption in this case would be limited to the shuffling and near-term loading of specific canisters with the CBS variant basket design. 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 STPNOC’s request for exemption, dated May 7, 2024 ..................................................................................... Supplement to request for exemption, dated May 15, 2024 ............................................................................. Certificate of Compliance No. 1032, Amendment 2, dated November 7, 2016 ................................................ 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, dated July 18, 1990 ........ VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM ML24128A157. ML24136A284. ML16280A008 (Package). ML24016A190. 55 FR 29181. 26JNN1 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices ADAMS Accession No. or Federal Register notice Document description EA for part 72 amendment to allow spent fuel storage in NRC-approved casks, dated March 8, 1989 ......... Direct Final Rule for List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/ Wind Multipurpose Canister Storage System, Amendment 2, dated August 23, 2016. 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 TDSHS requesting review of EA/FONSI for STP Exemption, dated June 3, 2024 ................... TDSHS email response regarding review of EA/FONSI for TSP Exemption, dated June 18, 2024 ................ Dated: June 21, 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. 2024–13978 Filed 6–25–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–00001; License No. 24– 04206–01; EA–21–055; NRC–2024–0109] In the Matter of Curium US LLC; Confirmatory Order Modifying License Nuclear Regulatory Commission. ACTION: Notice; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Curium US LLC to memorialize the agreement reached during an alternative dispute resolution mediation session held on March 5–6, 2024. The Confirmatory Order contains commitments made to resolve 10 apparent violations of NRC requirements relating to an August 2019 contamination incident involving molybdenum-99 and technetium-99m. The commitments include actions by Curium US LLC to enhance its operating procedures, corrective action program, employee training, and safety culture. The Confirmatory Order is effective upon issuance. DATES: The Confirmatory Order was issued on June 13, 2024. ADDRESSES: Please refer to Docket ID NRC–2024–0109 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–2024–0109. 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 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 NRC Reactive Inspection Report No. 03000001/2019003(DRSS)—Curium US LLC. is available in ADAMS under Accession No. ML24005A060. • 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: Diana Betancourt-Roldan, Region III, U.S. Nuclear Regulatory Commission, telephone: 630–810–4373; email: Diana.Betancourt-Roldan@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the order is attached. Dated: June 20, 2024. For the Nuclear Regulatory Commission. John B. Giessner, Regional Administrator, Region III. Attachment—Confirmatory Order UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: Curium US LLC, Docket No. 030–00001, License No. 24–04206–01, EA–21–055 Confirmatory Order Modifying License (Effective Upon Issuance) I Curium US LLC holds Materials License No. 24–04206–01 issued on May 18, 2023 (Amendment No. 105), by PO 00000 Frm 00074 Fmt 4703 53455 Sfmt 4703 ML051230231. 81 FR 57442. ML24018A085. ML24170A886. ML24170A887. the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 30 of Title 10 of the Code of Federal Regulations (10 CFR). At the time of the events that led to the NRC’s October 2019 reactive inspection, Curium conducted operations under Amendment 99 of License No. 24– 04206–01, which was issued on July 2, 2019. The license authorizes the use of byproduct material, as described in the application dated December 22, 2011, in accordance with conditions specified in the license. This Confirmatory Order is the result of an agreement reached during an Alternative Dispute Resolution (ADR) mediation session conducted on March 5–6, 2024, in Lisle, Illinois. II On October 29–30, 2019, the NRC conducted a reactive inspection with continued in-office review through December 21, 2023. On January 11, 2024, the NRC issued Inspection Report 03000001/2019003 to Curium US LLC which documented the identification of 10 apparent violations that occurred at the Maryland Heights, Missouri facility as the result of a contamination event on August 19, 2019. The apparent violations were being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The apparent violations involved the failure to: (1) report, within 24 hours of discovery, an event that involved loss of control of licensed material that caused the release of radioactive material, so that, had an individual been present for 24 hours in the area, the individual could have received an intake in excess of one occupational annual limit on intake, as required by 10 CFR 20.2202(b)(2); (2) notify the NRC within 24 hours after the discovery of an unplanned contamination event as required by 10 CFR 30.50(b)(1); (3) assess dose to determine the compliance with occupational dose equivalent limits by taking suitable and timely measurements of concentrations of radioactive materials in air in the work area, quantities of radionuclides in the body, or quantities of radionuclides E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53452-53455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13978]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1041, 50-498, and 50-499; NRC-2024-0104]


South Texas Project Nuclear Operating Company; South Texas 
Project Electric Generating Station, Units 1 and 2; Independent Spent 
Fuel Storage Installation; Environmental Assessment and Finding of No 
Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment (EA) and a

[[Page 53453]]

finding of no significant impact (FONSI) for an exemption request 
submitted by South Texas Project Nuclear Operating Company (STPNOC) 
that would permit South Texas Project Electric Generating Station (STP) 
to shuffle (relocate) 10 loaded and load two new 37 multi-purpose 
canisters (MPC) with continuous basket shims (CBS) in January and March 
2025, respectively, in the HI-STORM Flood/Wind (FW) MPC Storage System 
at its STP Units 1 and 2 independent spent fuel storage installation 
(ISFSI) in a storage condition where the terms, conditions, and 
specifications in the Certificate of Compliance (CoC) No. 1032, 
Amendment No. 2, are not met.

DATES: The EA and FONSI referenced in this document are available on 
June 26, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0104 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-2024-0104. 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]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     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:

I. Introduction

    The NRC is reviewing an exemption request from STPNOC, dated May 7, 
2024, and supplemented on May 15, 2024. STPNOC is requesting an 
exemption, pursuant to section 72.7 of title 10 of the Code of Federal 
Regulations (10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3), 
72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require STPNOC to 
comply with the terms, conditions, and specifications of CoC No. 1032, 
Amendment No. 2. If approved, the exemption would allow STPNOC to 
shuffle (relocate) 10 loaded MPC-37-CBS in the HI-STORM FW MPC Storage 
System on the ISFSI pad at the STP ISFSI in January 2025, and load two 
MPC-37-CBS in March 2025 in the HI-STORM FW MPC Storage System at the 
STP ISFSI in a storage condition where the terms, conditions, and 
specifications in CoC No. 1032, Amendment No. 2, are not met.

II. Environmental Assessment

Background

    STP is located in Bay City, Texas. STP occupies a 12,200-acre site 
west of the Colorado River and approximately 70 miles southwest of 
Houston. Unit 1 began operating in 1988 and Unit 2 began operating in 
1989. STPNOC has been storing spent nuclear fuel in an ISFSI at STP 
under a general license as authorized by 10 CFR part 72, subpart K, 
``General License for Storage of Spent Fuel at Power Reactor Sites.'' 
STPNOC currently uses the HI-STORM FW MPC Storage System under CoC No. 
1032, Amendment No. 2, for dry storage of spent nuclear fuel in a 
specific MPC (i.e., MPC-37) at the STP ISFSI.

Description of the Proposed Action

    The CoC is the NRC approved design for each dry cask storage 
system. The proposed action would exempt the applicant 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 only as these requirements pertain to the use 
of the MPC-37-CBS in the HI-STORM FW MPC Storage System for the near-
term planned shuffling and loading of the systems. The exemption would 
allow STPNOC to shuffle (relocate) 10 loaded MPC-37-CBS in the HI-STORM 
FW MPC Storage System on the ISFSI pad at the STP ISFSI in January 
2025, and load two new MPC-37-CBS in March 2025 in the HI-STORM FW MPC 
Storage System at the STP ISFSI in a storage condition, despite the 
MPC-37-CBS in the HI-STORM FW MPC Storage System not being in 
compliance with the terms, conditions, and specifications in the CoC 
No. 1032, Amendment No. 2.
    The HI-STORM FW MPC Storage System CoC provides the requirements, 
conditions, and operating limits necessary for the use of the system to 
store spent fuel. Holtec International (Holtec), the designer and 
manufacturer of the HI-STORM FW MPC Storage System, developed a variant 
of the design with CBS for the MPC-37, known as MPC-37-CBS. Holtec 
originally implemented the CBS variant design under the provisions of 
10 CFR 72.48, 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 was not the type of change 
allowed without a CoC amendment. For this reason, the NRC issued three 
Severity Level IV violations to Holtec. STPNOC plans to shuffle 
(relocate) the 10 loaded MPC-37-CBS canisters on the ISFSI pad in 
January 2025 and to load two new MPC-37-CBS in the HI-STORM FW MPC 
Storage System in March 2025. This exemption considers the relocation 
of the 10 already loaded canisters and the near-term planned loading of 
the two canisters with the CBS variant basket design.

Need for the Proposed Action

    STPNOC requested this exemption in order to allow STP to shuffle 
(relocate) 10 loaded MPC-37-CBS in the HI-STORM FW MPC Storage System 
on the ISFSI pad at the STP ISFSI in January 2025, and load two new 
MPC-37-CBS in the HI-STORM FW MPC Storage System at the STP ISFSI in a 
storage condition in March 2025.
    Approval of the exemption request would allow STPNOC to effectively 
manage the margin for full core offload in the STP spent nuclear fuel 
pool to maintain its ability to offload fuel from the reactor and 
account for unplanned outages and cask storage component fabrication 
challenges that could drive rescheduling the loading campaign. It would 
reduce the decay heat removal demand on the spent fuel pool cooling 
system, and thus reduce the consequence of a design basis accident 
associated with a loss of spent fuel pool cooling event and the 
likelihood of a fuel handling accident. Approval of the exemption 
request would also allow

[[Page 53454]]

STPNOC to shuffle already loaded MPC-37-CBS canisters, and thus 
optimize available space on STP ISFSI pad for cask transporter 
maneuverability and minimize long-term damage to the STP ISFSI pad and 
personnel radiation exposure from cask transporter use.

Environmental Impacts of the Proposed Action

    This EA evaluates the potential environmental impacts of granting 
an exemption from the terms, conditions, and specifications in CoC No. 
1032, Amendment No. 2. The exemption would allow STPNOC to shuffle 
(relocate) 10 loaded MPC-37-CBS in the HI-STORM FW MPC Storage System 
on the ISFSI pad at the STP ISFSI in January 2025, and load two new 
MPC-37-CBS in March 2025 in the HI-STORM FW MPC Storage System at the 
STP ISFSI in a storage condition.
    The potential environmental impacts of storing spent nuclear fuel 
in NRC-approved storage systems have been documented in previous 
assessments. On July 18, 1990, the NRC amended 10 CFR part 72 to 
provide for the storage of spent nuclear fuel under a general license 
in cask designs approved by the NRC. The EA for the 1990 final rule 
analyzed the potential environmental impacts of using NRC-approved 
storage casks. The EA for the HI-STORM FW MPC Storage System, CoC No. 
1032, Amendment No. 2, published on August 23, 2016, tiers off of the 
EA issued for the July 18, 1990, final rule. ``Tiering'' off earlier 
EAs is a standard process encouraged by the regulations implementing 
the National Environmental Policy Act of 1969 (NEPA) that entails the 
use of impact analyses of previous EAs to bound the impacts of a 
proposed action where appropriate. The Holtec HI-STORM FW MPC Storage 
System is designed to mitigate the effects of design basis accidents 
that could occur during storage. Considering the specific design 
requirements for the accident conditions, the design of the cask would 
prevent loss of containment, shielding, and criticality control. If 
there is no loss of containment, shielding, or criticality control, the 
environmental impacts would not be significant.
    The exemptions requested by STPNOC at the STP site as they relate 
to CoC No. 1032, Amendment No. 2, for the HI-STORM FW MPC Storage 
System are limited to the use of the CBS variant basket design only for 
shuffling the 10 already loaded canisters and near-term planned loading 
of two canisters utilizing the CBS variant basket design. The staff has 
determined that this change in the basket would not result in either 
radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the EA 
supporting the issuance of CoC No. 1032, Amendment No. 2. If the 
exemption is granted, there would be no significant change in the types 
or amounts of any effluents released, no significant increase in 
individual or cumulative public or occupational radiation exposure, and 
no significant increase in the potential for or consequences from 
radiological accidents. Accordingly, the Commission concludes that 
there would be no significant environmental impacts associated with the 
proposed action.

Alternative to the Proposed Action

    The staff considered the no-action alternative. The no-action 
alternative (denial of the exemption request) would require STPNOC to 
keep the spent nuclear fuel in the spent fuel pool until the approved 
design canisters can be fabricated and delivered to the site in April 
2025 which is after the planned March 2025 loading campaign. Because 
the March 2025 loading campaign was scheduled, budgeted, and planned 
several years in advance based on planned refueling outages, new fuel 
receipts, and other enterprise-level projects while considering the 
availability of specialty resources (equipment, vendors), any delay 
would have cascading impacts to future new fuel receipt, refueling 
outage, and other enterprise projects. Delay beyond 2025, if unable to 
reschedule in 2025, would result in loading these two canisters during 
the next scheduled loading campaign in 2028. Then, the number of 
canisters to be loaded could increase even more based on the new 
criticality analysis for the spent fuel pools to accommodate the 
planned use of accident tolerant fuel.
    Further, if STPNOC does not shuffle the 10 loaded canisters, this 
could challenge the cask transporter maneuverability on the STP ISFSI 
pad, and thus increase the use of a cask transporter on the STP ISFSI 
pad, which could increase the long-term damage to the STP ISFSI pad and 
result in likely longer personnel radiation exposure from increased 
transporter use.
    The NRC has determined that these potential impacts of the no-
action alternative could be avoided by proceeding with the proposed 
exemption, especially given that the staff has concluded in NRC's 
Safety Determination Memorandum, issued with respect to the enforcement 
action against Holtec regarding these violations, that fuel can be 
stored safely in the MPC-37-CBS canisters.

Agencies Consulted

    The NRC provided the Texas Department of State Health Services 
(TDSHS) a copy of this draft EA for review by an email dated June 3, 
2024. On June 18, 2024, the TDSHS provided its concurrence by email.

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 EA, 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, would not significantly impact the quality 
of the human environment. The exemption in this case would be limited 
to the shuffling and near-term loading of specific canisters with the 
CBS variant basket design. 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
            Document description               Federal Register notice
------------------------------------------------------------------------
STPNOC's request for exemption, dated May    ML24128A157.
 7, 2024.
Supplement to request for exemption, dated   ML24136A284.
 May 15, 2024.
Certificate of Compliance No. 1032,          ML16280A008 (Package).
 Amendment 2, dated November 7, 2016.
Holtec International, Inc.--Notice of        ML24016A190.
 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      55 FR 29181.
 fuel storage in NRC-approved casks, dated
 July 18, 1990.

[[Page 53455]]

 
EA for part 72 amendment to allow spent      ML051230231.
 fuel storage in NRC-approved casks, dated
 March 8, 1989.
Direct Final Rule for List of Approved       81 FR 57442.
 Spent Fuel Storage Casks: Holtec
 International HI-STORM Flood/Wind
 Multipurpose Canister Storage System,
 Amendment 2, dated August 23, 2016.
Safety Determination of a Potential          ML24018A085.
 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 TDSHS requesting review of EA/  ML24170A886.
 FONSI for STP Exemption, dated June 3,
 2024.
TDSHS email response regarding review of EA/ ML24170A887.
 FONSI for TSP Exemption, dated June 18,
 2024.
------------------------------------------------------------------------


    Dated: June 21, 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. 2024-13978 Filed 6-25-24; 8:45 am]
BILLING CODE 7590-01-P
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