Constellation Energy Generation, LLC; Nine Mile Point Nuclear Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Environmental Assessment and Finding of No Significant Impact, 11756-11758 [2025-03816]

Download as PDF 11756 Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices Section 4314(c) of title 5, U.S.C., requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more PRBs. The PRB shall review and evaluate the initial appraisal of a senior executive’s performance by the supervisor, along with any response by the senior executive, and make recommendations to the final rating authority relative to the performance of the senior executive. The persons named below have been selected to serve on OMB’s PRB. Hugh D. Fike, Deputy Chief of Staff Adrienne E. Lucas, Deputy Associate Director for Natural Resources Dominic J. Mancini, Deputy Administrator, Office of Information and Regulatory Affairs Mark R. Paoletta, General Counsel Sarah W. Spooner, Assistant Director for Management and Operations Authority: 5 U.S.C. 4314(c); 5 CFR 430.311. SUPPLEMENTARY INFORMATION: Sarah W. Spooner, Assistant Director for Management and Operations, Office of Management and Budget. Visitors announced that a meeting to discuss critical issues and advise the Director of National Intelligence on controlled unclassified or classified information as defined in 5 U.S.C. 552b(c)(1) and discuss matters related solely to the internal personnel rules and practices of NIU under 5 U.S.C. 552b(c)(2) would be closed to the public. This meeting was being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., appendix, as amended), the Government in the Sunshine Act of 1976 (‘‘the Sunshine Act’’) (5 U.S.C. 552b, as amended), and 41 CFR 102– 3.140 and 102–3.150. The National Intelligence University Board of Visitors meeting has been postponed due to ongoing assessments. Therefore, the Federal Register notice announcing the closed meeting published on February 13, 2025 is withdrawn. Dated: March 3, 2025. Robert A. Newton, Committee Management Officer and Deputy Chief Operating Officer. [FR Doc. 2025–03857 Filed 3–10–25; 8:45 am] BILLING CODE P [FR Doc. 2025–03866 Filed 3–10–25; 8:45 am] NUCLEAR REGULATORY COMMISSION BILLING CODE P [Docket Nos. 72–1036, 50–220, and 50–410; CEQ ID EAXX–429–00–000–1740728217; NRC–2025–0037] OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Notice of Meeting: National Intelligence University Board of Visitors; Withdrawal National Intelligence University (NIU), Office of the Director of National Intelligence (ODNI). ACTION: Notice; withdrawal. AGENCY: The ODNI is announcing the withdrawal of a notice that was published in the Federal Register of February 13, 2025. DATES: The notice published on February 13, 2025, at 90 FR 9557, is withdrawn as of March 11, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Patricia ‘‘Patty’’ Larsen, Designated Federal Officer, (301) 243–2118 (Voice), excom@odni.gov (email). Mailing address is National Intelligence University, 4600 Sangamore Road, Bethesda, MD 20816. Website: https:// niu.edu/wp/about-niu/leadership-2/ board-of-visitors/. SUPPLEMENTARY INFORMATION: In a notice published in the Federal Register of February 13, 2025 (90 FR 9557), ‘‘Notice of Federal Advisory Committee meeting of the National Intelligence University Board of Visitors’’, NIU Board of lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 Constellation Energy Generation, LLC; Nine Mile Point Nuclear 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 finding of no significant impact (FONSI) for an exemption request submitted by Constellation Energy Generation, LLC (Constellation) that would permit Nine Mile Point Nuclear Station (NMP) to maintain nine loaded and to load six new 89 multi-purpose canisters (MPC) with continuous basket shims (CBS) in the HI–STORM Flood/Wind (FW) MPC Storage System at its NMP 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. 3, Revision No. 0 are not met. SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 The EA and FONSI referenced in this document are available on March 11, 2025. ADDRESSES: Please refer to Docket ID NRC–2025–0037 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–2025–0037. Address questions about Docket IDs in Regulations.gov to Bridget Curran; telephone: 301–415–1003; email: Bridget.Curran@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: John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301– 415–0262; email: John-Chau.Nguyen@ nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Introduction The NRC is reviewing an exemption request from Constellation, dated January 30, 2025, as supplemented on February 6, 2025. Constellation is requesting an exemption, pursuant to § 72.7 of title 10 of the Code of Federal Regulations (10 CFR), in §§ 72.212(a)(2), (b)(3), (b)(5)(i), (b)(11) and 72.214 that require Constellation to comply with the terms, conditions, and specifications of the CoC No. 1032, Amendment No. 3, E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices Revision No. 0. If approved, the exemption would allow Constellation to maintain nine loaded and to load six new MPC–89–CBS in the HI–STORM FW MPC Storage System at the NMP ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 3, Revision No. 0, are not met. II. Environmental Assessment Background NMP is located in in the town of Scriba, approximately five miles northeast of Oswego, New York, on the shore of Lake Ontario. The 900-acre site is also occupied by the James A. FitzPatrick Nuclear Power Plant. NMP Unit 1 began operating in 1969 and Unit 2 began operating in 1988. Constellation has been storing spent fuel in an ISFSI at NMP under a general license as authorized by 10 CFR part 72, subpart K, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites.’’ Constellation currently uses the HI– STORM FW MPC Storage System under CoC No. 1032, Amendment No. 3, Revision No. 0 for dry storage of spent nuclear fuel in a specific MPC (i.e., MPC–89) at the NMP ISFSI. lotter on DSK11XQN23PROD with NOTICES1 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), (b)(3), (b)(5)(i), (b)(11), and 72.214 only as these requirements pertain to the use of the MPC–89–CBS in the HI–STORM FW MPC Storage System for the nine already loaded systems and the near-term planned loading of six new canisters. The exemption would allow Constellation to maintain loaded and to load MPC–89– CBS in the HI–STORM FW MPC Storage System at the NMP ISFSI, despite the MPC–89–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. 3, Revision No. 0. The HI–STORM FW MPC Storage System CoC provides the requirements, conditions, and operating limits necessary for 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 continuous basket shims (CBS) for the MPC–89, known as MPC–89–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 VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 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. Holtec subsequently submitted Amendment 7 to the HI–STORM FW CoC to address the issues; however, NMP was not able to take advantage of the final NRC approved methodology in Amendment 7 for performing the nonmechanistic tip-over analysis because NMP’s site-specific parameters were not bounded by that analysis. Prior to the issuance of the violations, Constellation had already loaded nine MPC–89–CBS in the HI–STORM FW MPC Storage System, which are in storage on the NMP ISFSI pad. Additionally, Constellation plans to load six new MPC–89–CBS in the HI– STORM FW MPC Storage System beginning in May 2025. This exemption considers the storage of the nine already loaded systems and the near-term planned loading of the six canisters with the CBS variant basket design. Need for the Proposed Action Constellation requested this exemption because Constellation is currently out of compliance with NRC requirements, resulting from the previous loading of spent fuel into a storage system with the CBS variant basket design. This exemption would allow nine already loaded MPC–89–CBS in the HI–STORM FW MPC Storage System to remain in storage at the NMP ISFSI. The applicant also requested the exemption in order to allow NMP to load six new MPC–89–CBS in the HI– STORM FW MPC Storage System at the NMP ISFSI for the future loading campaign beginning in May 2025. Approval of the exemption request would allow Constellation to effectively manage the spent fuel pool margin and capacity to enable refueling and offloading fuel from the reactor. It would also allow Constellation to effectively manage the availability of the specialized workforce and equipment needed to support competing fuel loading and operational activities at NMP and other Constellation sites. 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. 3, Revision No. 0. The exemption would allow nine loaded PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 11757 MPC–89–CBS in the HI–STORM FW MPC Storage System to remain loaded at the NMP ISFSI. The exemption also would allow a near-term loading of six new MPC–89–CBS to be loaded in the HI–STORM FW MPC Storage System and maintained in storage at the NMP ISFSI. The potential environmental impacts of storing spent nuclear fuel in NRCapproved storage systems have been documented in previous assessments. On July 18, 1990 (55 FR 29181), the NRC amended 10 CFR part 72 to provide for the storage of spent 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 NRCapproved storage casks. The EA for the HI–STORM 100 Cask System, CoC No. 1032, Amendment No. 1, Revision No. 1, published in 2015, 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 Constellation at the NMP site as they relate to CoC No. 1032, Amendment No. 3, Revision No. 0, for the HI–STORM FW MPC Storage System are limited to the use of the CBS variant basket design only for the already loaded nine canisters and near-term planned loading of six canisters utilizing the CBS variant basket design. The staff has determined that this change in the basket will not result in either radiological or nonradiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the issuance of CoC No. 1032, Amendment No. 3, Revision No. 0. If the exemption is granted, there will 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 E:\FR\FM\11MRN1.SGM 11MRN1 11758 Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / Notices 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 Constellation to unload spent fuel from the MPC–89–CBS in the HI– STORM FW MPC Storage System to bring it in compliance with the CoC terms, conditions, and specifications in the CoC No. 1032, Amendment No. 3, Revision No. 0. Unloading the cask would subject station personnel to additional radiation exposure, generate additional contaminated waste, 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, where it would remain until it could be loaded into an approved storage cask. Delay in the loading of this spent fuel into other casks could affect Constellation’s ability to effectively manage the spent fuel pool capacity and reactor fuel offloading. Not allowing the planned future loading campaign could also affect Constellation’s ability to manage pool capacity, reactor fuel offloading, and refueling. It could also pose challenges to spent fuel heat removal and impact the availability of the specialized workforce and equipment needed to support competing fuel loading and operational activities at NMP and other Constellation sites. The NRC has determined that the no-action alternative would result in undue potential human health and safety impacts that 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–89–CBS canisters. Agencies Consulted The NRC provided the New York State Energy Research and Development Authority (NYSERDA) a copy of this draft EA for review by an email dated February 24, 2025. On February 28, 2025, NYSERDA 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, in this case limited to past and specific future loadings of baskets with the CBS variant design, would not significantly impact the quality of the human environment. Accordingly, the NRC has determined that a FONSI is appropriate, and an environmental impact statement is not warranted. IV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ADAMS Accession No. or Federal Register notice Document description Constellation’s request for exemption, dated January 30, 2025 .................................................................................... Constellation’s request for exemption, supplemented, dated February 6, 2025 ........................................................... Certificate of Compliance No. 1032, Amendment 3, Revision 0, dated August 9, 2017 .............................................. 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, published July 18, 1990 ............... EA for 10 CFR part 72 amendment to allow spent fuel storage in NRC-approved casks, dated March 8, 1989 ........ Final rule for List of Approved Spent Fuel Storage Casks: Holtec HI–STORM Flood/Wind System; Certificate of Compliance No. 1032, Amendment No. 1, Revision 1, published March 19, 2015. Final rule for List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3, published June 28, 2017. 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 NYSERDA requesting review of EA/FONSI for NMP Exemption, dated February 24, 2025 ................. Email response from NYSERDA regarding EA/FONSI for NMP Exemption, dated February 28, 2025 ....................... Dated: March 5, 2025. For the Nuclear Regulatory Commission. Thomas Boyce, Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards. 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. BILLING CODE 7590–01–P lotter on DSK11XQN23PROD with NOTICES1 [Docket Nos. CP2024–408; K2025–167; MC2025–1204 and K2025–1203] New Postal Products AGENCY: Postal Regulatory Commission. VerDate Sep<11>2014 17:19 Mar 10, 2025 Jkt 265001 82 FR 29225. ML24018A085. ML25059A175. ML25059A179. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents 2025. I. Introduction II. Public Proceeding(s) III. Summary Proceeding(s) 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 I. Introduction Pursuant to 39 CFR 3041.405, the Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to Competitive negotiated service agreement(s). The request(s) may DATES: POSTAL REGULATORY COMMISSION 55 FR 29181. ML051230231. 80 FR 14291. telephone for advice on filing alternatives. Notice. SUMMARY: [FR Doc. 2025–03816 Filed 3–10–25; 8:45 am] ML25031A016. ML25042A159. ML17214A039 (Package). ML24016A190. Comments are due: March 13, ADDRESSES: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 90, Number 46 (Tuesday, March 11, 2025)]
[Notices]
[Pages 11756-11758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03816]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1036, 50-220, and 50-410; CEQ ID EAXX-429-00-000-
1740728217; NRC-2025-0037]


Constellation Energy Generation, LLC; Nine Mile Point Nuclear 
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 finding of no significant impact 
(FONSI) for an exemption request submitted by Constellation Energy 
Generation, LLC (Constellation) that would permit Nine Mile Point 
Nuclear Station (NMP) to maintain nine loaded and to load six new 89 
multi-purpose canisters (MPC) with continuous basket shims (CBS) in the 
HI-STORM Flood/Wind (FW) MPC Storage System at its NMP 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. 3, Revision No. 
0 are not met.

DATES: The EA and FONSI referenced in this document are available on 
March 11, 2025.

ADDRESSES: Please refer to Docket ID NRC-2025-0037 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-2025-0037. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; 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: John-Chau Nguyen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555; telephone: 301-415-0262; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is reviewing an exemption request from Constellation, dated 
January 30, 2025, as supplemented on February 6, 2025. Constellation is 
requesting an exemption, pursuant to Sec.  72.7 of title 10 of the Code 
of Federal Regulations (10 CFR), in Sec. Sec.  72.212(a)(2), (b)(3), 
(b)(5)(i), (b)(11) and 72.214 that require Constellation to comply with 
the terms, conditions, and specifications of the CoC No. 1032, 
Amendment No. 3,

[[Page 11757]]

Revision No. 0. If approved, the exemption would allow Constellation to 
maintain nine loaded and to load six new MPC-89-CBS in the HI-STORM FW 
MPC Storage System at the NMP ISFSI in a storage condition where the 
terms, conditions, and specifications in the CoC No. 1032, Amendment 
No. 3, Revision No. 0, are not met.

II. Environmental Assessment

Background

    NMP is located in in the town of Scriba, approximately five miles 
northeast of Oswego, New York, on the shore of Lake Ontario. The 900-
acre site is also occupied by the James A. FitzPatrick Nuclear Power 
Plant. NMP Unit 1 began operating in 1969 and Unit 2 began operating in 
1988. Constellation has been storing spent fuel in an ISFSI at NMP 
under a general license as authorized by 10 CFR part 72, subpart K, 
``General License for Storage of Spent Fuel at Power Reactor Sites.'' 
Constellation currently uses the HI-STORM FW MPC Storage System under 
CoC No. 1032, Amendment No. 3, Revision No. 0 for dry storage of spent 
nuclear fuel in a specific MPC (i.e., MPC-89) at the NMP 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), (b)(3), (b)(5)(i), (b)(11), and 
72.214 only as these requirements pertain to the use of the MPC-89-CBS 
in the HI-STORM FW MPC Storage System for the nine already loaded 
systems and the near-term planned loading of six new canisters. The 
exemption would allow Constellation to maintain loaded and to load MPC-
89-CBS in the HI-STORM FW MPC Storage System at the NMP ISFSI, despite 
the MPC-89-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. 3, Revision No. 0.
    The HI-STORM FW MPC Storage System CoC provides the requirements, 
conditions, and operating limits necessary for 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 continuous basket shims (CBS) for the MPC-89, known 
as MPC-89-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.
    Holtec subsequently submitted Amendment 7 to the HI-STORM FW CoC to 
address the issues; however, NMP was not able to take advantage of the 
final NRC approved methodology in Amendment 7 for performing the non-
mechanistic tip-over analysis because NMP's site-specific parameters 
were not bounded by that analysis.
    Prior to the issuance of the violations, Constellation had already 
loaded nine MPC-89-CBS in the HI-STORM FW MPC Storage System, which are 
in storage on the NMP ISFSI pad. Additionally, Constellation plans to 
load six new MPC-89-CBS in the HI-STORM FW MPC Storage System beginning 
in May 2025. This exemption considers the storage of the nine already 
loaded systems and the near-term planned loading of the six canisters 
with the CBS variant basket design.

Need for the Proposed Action

    Constellation requested this exemption because Constellation is 
currently out of compliance with NRC requirements, resulting from the 
previous loading of spent fuel into a storage system with the CBS 
variant basket design. This exemption would allow nine already loaded 
MPC-89-CBS in the HI-STORM FW MPC Storage System to remain in storage 
at the NMP ISFSI. The applicant also requested the exemption in order 
to allow NMP to load six new MPC-89-CBS in the HI-STORM FW MPC Storage 
System at the NMP ISFSI for the future loading campaign beginning in 
May 2025.
    Approval of the exemption request would allow Constellation to 
effectively manage the spent fuel pool margin and capacity to enable 
refueling and offloading fuel from the reactor. It would also allow 
Constellation to effectively manage the availability of the specialized 
workforce and equipment needed to support competing fuel loading and 
operational activities at NMP and other Constellation sites.

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. 3, Revision No. 0. The exemption would allow nine 
loaded MPC-89-CBS in the HI-STORM FW MPC Storage System to remain 
loaded at the NMP ISFSI. The exemption also would allow a near-term 
loading of six new MPC-89-CBS to be loaded in the HI-STORM FW MPC 
Storage System and maintained in storage at the NMP ISFSI.
    The potential environmental impacts of storing spent nuclear fuel 
in NRC-approved storage systems have been documented in previous 
assessments. On July 18, 1990 (55 FR 29181), the NRC amended 10 CFR 
part 72 to provide for the storage of spent 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 100 Cask System, CoC No. 1032, 
Amendment No. 1, Revision No. 1, published in 2015, 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 Constellation at the NMP site as they 
relate to CoC No. 1032, Amendment No. 3, Revision No. 0, for the HI-
STORM FW MPC Storage System are limited to the use of the CBS variant 
basket design only for the already loaded nine canisters and near-term 
planned loading of six canisters utilizing the CBS variant basket 
design. The staff has determined that this change in the basket will 
not result in either radiological or non-radiological environmental 
impacts that significantly differ from the environmental impacts 
evaluated in the environmental assessment supporting the issuance of 
CoC No. 1032, Amendment No. 3, Revision No. 0. If the exemption is 
granted, there will 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

[[Page 11758]]

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 
Constellation to unload spent fuel from the MPC-89-CBS in the HI-STORM 
FW MPC Storage System to bring it in compliance with the CoC terms, 
conditions, and specifications in the CoC No. 1032, Amendment No. 3, 
Revision No. 0. Unloading the cask would subject station personnel to 
additional radiation exposure, generate additional contaminated waste, 
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, 
where it would remain until it could be loaded into an approved storage 
cask. Delay in the loading of this spent fuel into other casks could 
affect Constellation's ability to effectively manage the spent fuel 
pool capacity and reactor fuel offloading. Not allowing the planned 
future loading campaign could also affect Constellation's ability to 
manage pool capacity, reactor fuel offloading, and refueling. It could 
also pose challenges to spent fuel heat removal and impact the 
availability of the specialized workforce and equipment needed to 
support competing fuel loading and operational activities at NMP and 
other Constellation sites. The NRC has determined that the no-action 
alternative would result in undue potential human health and safety 
impacts that 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-89-CBS canisters.

Agencies Consulted

    The NRC provided the New York State Energy Research and Development 
Authority (NYSERDA) a copy of this draft EA for review by an email 
dated February 24, 2025. On February 28, 2025, NYSERDA 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, in this case limited to past and specific 
future loadings of baskets with the CBS variant design, would not 
significantly impact the quality of the human environment. Accordingly, 
the NRC has determined that a FONSI is appropriate, and an 
environmental impact statement is not warranted.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                       ADAMS Accession No. or Federal
       Document description                    Register notice
------------------------------------------------------------------------
Constellation's request for         ML25031A016.
 exemption, dated January 30, 2025.
Constellation's request for         ML25042A159.
 exemption, supplemented, dated
 February 6, 2025.
Certificate of Compliance No.       ML17214A039 (Package).
 1032, Amendment 3, Revision 0,
 dated August 9, 2017.
Holtec International, Inc.--Notice  ML24016A190.
 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   55 FR 29181.
 spent fuel storage in NRC-
 approved casks, published July
 18, 1990.
EA for 10 CFR part 72 amendment to  ML051230231.
 allow spent fuel storage in NRC-
 approved casks, dated March 8,
 1989.
Final rule for List of Approved     80 FR 14291.
 Spent Fuel Storage Casks: Holtec
 HI-STORM Flood/Wind System;
 Certificate of Compliance No.
 1032, Amendment No. 1, Revision
 1, published March 19, 2015.
Final rule for List of Approved     82 FR 29225.
 Spent Fuel Storage Casks: Holtec
 International HI-STORM Flood/Wind
 Multipurpose Canister Storage
 System, Certificate of Compliance
 No. 1032, Amendment No. 3,
 published June 28, 2017.
Safety Determination of a           ML24018A085.
 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 NYSERDA requesting     ML25059A175.
 review of EA/FONSI for NMP
 Exemption, dated February 24,
 2025.
Email response from NYSERDA         ML25059A179.
 regarding EA/FONSI for NMP
 Exemption, dated February 28,
 2025.
------------------------------------------------------------------------


    Dated: March 5, 2025.

    For the Nuclear Regulatory Commission.
Thomas Boyce,
Acting Chief, Storage and Transportation Licensing Branch, Division of 
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2025-03816 Filed 3-10-25; 8:45 am]
BILLING CODE 7590-01-P
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