Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 77017 

For the Nuclear Regulatory Commission. 

Robert J. Pascarelli, 

Chief, Plant Licensing Branch III–1, Division 

of Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation. 

[FR Doc. 2010–31085 Filed 12–9–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–443, 72–63; NRC–2010– 

0381] 

Nextera Energy Seabrook, LLC 

Seabrook Station Independent Spent 

Fuel Storage Installation; Exemption 

1.0 Background 

NextEra Energy Seabrook, LLC 

(NextEra, the licensee) is the holder of 

Facility Operating License No. NPF–86, 

which authorizes operation of the 

Seabrook Station in Rockingham 

County, New Hampshire, pursuant to 

title 10 of the Code of Federal 

Regulations (10 CFR), part 50. The 

license provides, among other things, 

that the facility is subject to all rules, 

regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission) now or hereafter in 

effect. 

Per 10 CFR part 72, subpart K, 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. NextEra 

holds a 10 CFR part 72 general license 

for storage of spent fuel at the Seabrook 

Station ISFSI. Under the terms of the 

general license, NextEra is currently 

using the Transnuclear, Inc. (TN) 

NUHOMS® HD–32PTH cask model for 

storage of spent fuel, in accordance with 

Certificate of Compliance (CoC) 72– 

1030, Amendment No. 0. 

2.0 Request/Action 

10 CFR 72.212(b)(7) requires 

compliance with the terms and 

conditions of the CoC for the cask model 

used under the general license for 

storage of spent fuel at power reactor 

sites. The TN NUHOMS® HD–32PTH 

dry cask storage system (CoC 72–1030, 

Amendment No. 0) is currently in use 

at the Seabrook Station ISFSI. CoC 72– 

1030 provides requirements, conditions, 

and operating limits in Appendix A, 

Technical Specifications (TS). 

In a letter dated July 19, 2010 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML102080256), NextEra 

requested an exemption from 10 CFR 

72.212(b)(7). Specifically, NextEra 

requests exemption from the 

requirement in CoC 72–1030, 

Amendment No. 0, Appendix A, TS 

5.2.5.b, to conduct a daily visual 

inspection of the horizontal storage 

module (HSM) air vents to ensure they 

are not blocked, as the surveillance 

activity to monitor HSM thermal 

performance. NextEra instead wishes to 

use a daily temperature measurement 

program as an alternate method of 

monitoring the thermal performance of 

the HSMs, as included in the proposed 

Amendment No. 1 to CoC 72–1030, 

which is not yet an approved 

amendment to a cask model in 10 CFR 

part 72. 

On its own initiative, the NRC staff, 

pursuant to 10 CFR 72.7, has expanded 

the scope of the exemption being 

granted to include 10 CFR 

72.212(b)(2)(i)(A) and 10 CFR 72.214, in 

addition to 10 CFR 72.212(b)(7). These 

provisions are similar in requiring that 

the conditions of a specific CoC be met. 

10 CFR 72.212(b)(2)(i)(A) requires a 

general licensee to perform written 

evaluations, prior to use of the cask, that 

establish that conditions set forth in the 

CoC have been met. 10 CFR 72.214 sets 

forth the list of casks approved for 

storage of spent fuel under the 

conditions specified in their CoCs. 

3.0 Discussion 

Pursuant to 10 CFR 72.7, 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. 

Authorized by Law 

This exemption would allow the 

licensee to discontinue the daily visual 

inspection of the HSM air vents to 

ensure they are not blocked (as required 

by CoC 72–1030, Amendment No. 0, TS 

5.2.5.b for monitoring HSM thermal 

performance), and instead use a daily 

temperature measurement program as 

an alternate method of monitoring HSM 

thermal performance. The provisions in 

10 CFR part 72 that NextEra is 

requesting exemption from, limit the 

general licensee to cask models (and any 

amendments to cask models) approved 

under 10 CFR part 72 and require 

general licensees to comply with the 

terms and conditions of the CoC for the 

approved cask model that they use. 

As stated above, 10 CFR 72.7 allows 

the NRC to grant exemptions from the 

requirements of 10 CFR part 72. The 

NRC staff has determined that granting 

of the licensee’s proposed exemption 

will not result in a violation of the 

Atomic Energy Act of 1954, as amended, 

or the Commission’s regulations. 

Therefore, the exemption is authorized 

by law. 

Will Not Endanger Life or Property or 

the Common Defense and Security 

The underlying purpose of the 

provisions in 10 CFR 72.212(b)(2)(i)(A), 

10 CFR 72.212(b)(7), and 10 CFR 72.214, 

is to limit 10 CFR part 72 general 

licensees to use of cask models 

approved under the provisions of 10 

CFR part 72 (which are listed in 10 CFR 

72.214) and require general licensees to 

comply with the terms and conditions 

of the CoC for the approved cask model 

that they use. 

The exemption would allow NextEra 

to discontinue the daily visual 

inspection of the HSM air vents to 

ensure they are not blocked (as required 

by CoC 72–1030, Amendment No. 0, TS 

5.2.5.b), and instead use a daily 

temperature measurement program as 

an alternate method of monitoring HSM 

thermal performance (as proposed in 

Amendment No. 1 to CoC 72–1030). 

TN submitted an application for 

Amendment No. 1 to CoC 72–1030 on 

November 1, 2007 (ADAMS Accession 

No. ML073110525), as supplemented. In 

the Amendment No. 1 request, TN 

proposed adding use of a daily 

temperature measurement program as 

an alternate method of monitoring HSM 

thermal performance. Under the 

proposed Amendment No. 1, the cask 

user would have the option to either 

implement a daily visual inspection of 

the HSM air vents to ensure they are not 

blocked (TS 5.2.5.b in the current 

Amendment No. 0 and the proposed 

Amendment No. 1) or implement a daily 

temperature measurement program (TS 

5.2.5.c in the proposed Amendment No. 

1) to monitor HSM thermal 

performance. 

NRC staff initially completed its 

technical review of the proposed 

Amendment No. 1 to CoC 72–1030 in 

October 2009, and the associated 

proposed rule and direct final rule were 

published in the Federal Register in 

May 2010. However, the proposed rule 

and direct final rule were withdrawn in 

July 2010, after TN identified an issue 

with imprecise TS language (not related 

to TS 5.2.5). Since that time, the 

technical staff completed its review of 

TN’s revised TS language in September 

2010, and a revised rulemaking package 

(which includes the proposed CoC, 

proposed TS, and a preliminary Safety 

Evaluation Report (SER)) for 

Amendment No. 1 is currently in the 

rulemaking concurrence process. The 

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77018 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 

proposed rule and direct final rule for 

Amendment No. 1 are expected to be 

published for comment in the Federal 

Register in January 2011. If the NRC 

does not receive any significant adverse 

comments on the proposed rule and 

direct final rule during the public 

comment period, then the rule would be 

effective (and Amendment No. 1 to CoC 

72–1030 approved) in April 2011. 

The NUHOMS® HD–32PTH system is 

designed to passively remove decay heat 

to assure integrity of the concrete HSM 

and fuel cladding, and the thermal 

monitoring requirements for the system 

are based on the ability of the system to 

function safely if obstructions in the air 

inlets or outlets impair airflow through 

the HSM for extended periods. The 

intent of the HSM thermal monitoring 

program is to prevent conditions that 

could lead to exceeding the concrete 

and fuel cladding temperature criteria. 

The proposed use of a temperature 

measurement program to monitor HSM 

thermal performance (as proposed in TS 

5.2.5.c in the proposed Amendment No. 

1 to CoC 72–1030) includes specific 

requirements for the cask system user to 

establish: Appropriate administrative 

temperature limits to detect off-normal 

and accident blockage conditions before 

the HSM components and fuel cladding 

temperatures would exceed temperature 

design limits, and to ensure the HSM air 

vents are not blocked for more than 34 

hours; temperature measurement 

locations; and corrective actions for 

potential temperature excursions. 

The staff’s current findings, with 

respect to the temperature measurement 

program proposed in Amendment No. 1 

to CoC 72–1030 as an alternative 

method of monitoring HSM thermal 

performance, are: (1) There is reasonable 

assurance that a temperature 

measurement program provides an 

equivalent level of assurance as the 

visual surveillance, in identifying and 

mitigating, if necessary, the effects of 

potential vent blockage; and thus, (2) 

addition of the option to use a daily 

temperature measurement program to 

monitor the thermal performance of the 

HSMs, as proposed by TN in TS 5.2.5.c 

in Amendment No. 1 to CoC 72–1030, 

is appropriate. These findings are 

reflected in the preliminary SER that is 

currently in the rulemaking concurrence 

process. The staff’s current findings 

would be preserved in the final rule for 

Amendment No. 1 to CoC 72–1030, 

given there are no comments during the 

rulemaking concurrence process or 

significant adverse public comments on 

the future proposed rule and direct final 

rule that require changes to the HSM 

thermal monitoring program in TS 

5.2.5.c. 

In its exemption request, NextEra 

states that if granted the exemption, it 

will implement a daily temperature 

measurement program consistent with 

the proposed TS 5.2.5.c in the proposed 

Amendment No. 1 to CoC 72–1030. The 

staff has determined that the generic 

analysis supporting Amendment No. 1 

to CoC 72–1030 would apply to the 

proposed exemption at the Seabrook 

Station ISFSI. Therefore, the staff 

concludes that the exemption does not 

pose an increased risk to public health 

and safety. This conclusion is 

conditional on: (1) NextEra 

implementing TS 5.2.5.c as proposed in 

Amendment No. 1 to CoC 72–1030, and 

(2) NextEra addressing any changes to 

the HSM thermal monitoring program in 

TS 5.2.5.c that may arise as a result of 

comments during the rulemaking 

concurrence process or significant 

adverse public comments on the future 

proposed rule and direct final rule for 

CoC 72–1030, Amendment No. 1. 

Environmental Consideration 

The staff also considered in its review 

of this exemption request, whether there 

would be any significant environmental 

impacts associated with the exemption. 

For this proposed action, the staff 

reviewed the categorical exclusion in 10 

CFR 51.22(c)(25). Section 

51.22(c)(25)(vi)(C) provides a categorical 

exclusion for the granting of licensee 

exemption requests from NRC 

inspection or surveillance requirements. 

The proposed action is the approval of 

a licensee request for an exemption from 

the surveillance requirements contained 

in the technical specifications of the 

NRC issued CoC 72–1030, Amendment 

No. 0. The licensee proposes using a 

temperature measurement program in 

lieu of the visual surveillance required 

in the CoC technical specification. As a 

general matter, the staff has determined 

that there is reasonable assurance that a 

temperature measurement program 

provides an equivalent level of 

assurance as the visual surveillance, in 

identifying and mitigating, if necessary, 

the effects of any potential vent 

blockage. 

In order for the 10 CFR 

51.22(c)(25)(vi)(C) categorical exclusion 

to apply, the proposed action must meet 

the criteria listed in 10 CFR 

51.22(c)(25)(i)–(v). An analysis of these 

provisions is provided below. 

(a) 10 CFR 51.22(c)(25)(i)—There is no 

significant hazards consideration 

(NSHC). 

The elements of a NSHC are set forth 

in 10 CFR 50.92(c)(1)–(3). The proposed 

action involves NSHC if approval of the 

proposed action would not: (1) Involve 

a significant increase in the probability 

or consequences of an accident 

previously evaluated; (2) create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated; or (3) involve a significant 

reduction in a margin of safety. 

Involve a significant increase in the 

probability or consequences of an 

accident previously evaluated. TS 5.2.5 

in CoC 72–1030 requires a thermal 

monitoring program for the HSMs to 

prevent conditions that could lead to 

exceeding temperature limits for the 

concrete and fuel cladding. The 

proposed change to TS 5.2.5 in the 

proposed Amendment No. 1 to CoC 72– 

1030 provides additional flexibility to 

use a temperature measurement 

program, instead of a daily visual 

inspection of the HSM vents to ensure 

they are not blocked, as a surveillance 

activity to monitor HSM thermal 

performance. Use of the temperature 

measurement program in the proposed 

Amendment No. 1 to CoC 72–1030 will 

continue to meet the intent of the 

program to monitor thermal 

performance of the HSMs (to prevent 

conditions that could lead to exceeding 

the concrete and fuel cladding 

temperature criteria), as preliminarily 

determined by the NRC staff in its 

technical review of the proposed 

Amendment No. 1. 

The exemption, which would change 

the method of monitoring thermal 

performance of the HSMs, would not 

involve any changes to the design, 

safety limits, or safety analysis 

assumptions associated with the cask 

system and would not create any new 

accident precursors. Therefore, there is 

no significant increase in the probability 

or consequences of an accident 

previously evaluated. 

Create the possibility of a new or 

different kind of accident from any 

accident previously evaluated. The 

exemption, which if approved, would 

change the method of monitoring 

thermal performance of the HSMs, 

would not introduce any new accident 

initiators or create a new type of 

accident associated with the cask 

system. Therefore, the proposed 

exemption does not create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated. 

Involve a significant reduction in a 

margin of safety. The exemption, which 

if approved, would change the method 

of monitoring thermal performance of 

the HSMs, would not alter the design, 

safety limits, and safety analysis 

assumptions associated with the cask 

system. Therefore, the proposed 

exemption does not involve a significant 

reduction in a margin of safety. 

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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 77019 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

Based on the above evaluation, the 

NRC staff finds that the 10 CFR 

51.22(c)(25)(i) provision is met. 

(b) 10 CFR 51.22(c)(25)(ii)—There is 

no significant change in the types or 

significant increase in the amounts of 

any effluents that may be released 

offsite. 

The proposed exemption, which 

would change the method of monitoring 

thermal performance of the HSMs, 

would not involve any changes to 

effluents. Therefore, there is no 

significant change in the types or 

increase in the amounts of effluents that 

may be released offsite. 

(c) 10 CFR 51.22(c)(25)(iii)—There is 

no significant increase in individual or 

cumulative public or occupational 

radiation exposure. 

The proposed exemption, which 

would change the method of monitoring 

thermal performance of the HSMs, 

would not involve any changes to 

public or occupational radiation 

exposures. Therefore, there is no 

significant increase in individual or 

cumulative public or occupational 

radiation exposure. 

(d) 10 CFR 51.22(c)(25)(iv)—There is 

no significant construction impact. 

The proposed exemption, which 

would change the method of monitoring 

thermal performance of the HSMs, 

would not involve any construction 

activities. Therefore, there is no 

significant construction impact. 

(e) 10 CFR 51.22(c)(25)(v)—There is 

no significant increase in the potential 

for or consequences from radiological 

accidents. 

The proposed exemption, which 

would change the method of monitoring 

thermal performance of the HSMs, 

would not involve any changes to the 

design, safety limits, or safety analysis 

assumptions associated with the cask 

system and would not create any new 

accident precursors. Therefore, there is 

no significant increase in the potential 

for or consequences from radiological 

accidents. 

As this exemption request meets all of 

the provisions in 10 CFR 51.22(c)(25)(i)– 

(v), and the exemption request is of a 

type listed in 10 CFR 51.22(c)(25)(vi), 

this action meets the eligibility criteria 

for the categorical exclusion set forth in 

10 CFR 51.22(c)(25). The NRC has found 

that granting exemptions that meet the 

provisions in 10 CFR 51.22(c)(25) is a 

category of actions that does not result 

in any significant effect, either 

individually or cumulatively, on the 

human environment. 

The proposed exemption would allow 

NextEra to discontinue the daily visual 

inspection of the HSM air vents to 

ensure they are not blocked and instead 

use a daily temperature measurement 

program as an alternate method of 

monitoring HSM thermal performance. 

This proposed change to the method of 

monitoring HSM thermal performance 

does not involve security matters and 

would not impact the common defense 

and security of the United States. 

Given the above considerations, this 

exemption will not endanger life or 

property or the common defense and 

security. 

Otherwise in the Public Interest 

In its exemption request, NextEra 

noted that it currently complies with TS 

5.2.5.b in CoC 72–1030, Amendment 

No. 0, by using cameras to perform the 

visual surveillance of the HSM vents 

remotely. However, during adverse 

winter weather conditions, snow and 

ice obstruct the camera lenses and 

prevent viewing the HSM vents. As a 

result, personnel must conduct local 

inspections of the HSM vents and use a 

ladder to access the top vents for 

inspection, which can pose a safety 

hazard to the personnel conducting 

these inspections during adverse winter 

weather conditions. The licensee states 

that the purpose of the exemption 

request is to eliminate the potential for 

injuries that could occur to personnel 

when accessing the HSM vents to 

perform visual inspections under 

adverse winter weather conditions. 

The exemption, by removing the 

requirement for the daily visual 

inspection of the HSM vents and thus 

reducing the potential for unnecessary 

falls or injuries to personnel conducting 

the inspections during adverse winter 

weather conditions, is consistent with 

NRC’s mission to protect public health 

and safety. Therefore, the exemption is 

in the public interest. 

4.0 Conclusion 

Based on the foregoing 

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 hereby grants NextEra an 

exemption from the requirements in 10 

CFR 72.212(b)(2)(i)(A), 10 CFR 

72.212(b)(7), and 10 CFR 72.214 for the 

Seabrook Station ISFSI, subject to the 

following conditions: 

(1) The exemption pertains only to the 

visual inspection requirement in TS 

5.2.5.b in CoC 72–1030, Amendment 

No. 0, and NextEra must implement the 

daily temperature measurement 

program, as proposed in TS 5.2.5.c in 

Amendment No. 1 to CoC 72–1030, as 

an alternate method of monitoring HSM 

thermal performance. 

(2) If comments arise during the 

rulemaking concurrence process or if 

the NRC receives significant adverse 

comments during the public comment 

period for the future proposed rule and 

direct final rule for Amendment No. 1 

to CoC 72–1030, and as a result of such 

comments, changes to the HSM thermal 

monitoring program in TS 5.2.5.c are 

required, NextEra will then be required 

to address those changes in a manner 

deemed satisfactory to NRC staff. 

The NRC has determined that this 

action meets the eligibility criteria for 

categorical exclusion set forth in 10 CFR 

51.22(c)(25)(vi)(C). Therefore, pursuant 

to 10 CFR 51.22(b), no environmental 

impact statement or environmental 

assessment need be prepared in 

connection with the granting of this 

exemption. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 2nd day 

of December 2010. 

For the Nuclear Regulatory Commission. 

Douglas W. Weaver, 

Deputy Director, Division of Spent Fuel 

Storage and Transportation, Office of Nuclear 

Material Safety and Safeguards. 

[FR Doc. 2010–31080 Filed 12–9–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63431; File No. SR–C2– 

2010–009] 

Self-Regulatory Organizations; C2 

Options Exchange, Incorporated; 

Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change Related to the Penny Pilot 

Program 

December 3, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

2, 2010, the C2 Options Exchange, 

Incorporated (‘‘Exchange’’ or ‘‘C2’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. The 

Exchange has designated the proposal as 

a ‘‘non-controversial’’ proposed rule 

change pursuant to Section 

19(b)(3)(A)(iii) of the Act 3 and Rule 

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