[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20440-20442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8111]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1030, 72-55, 50-280 and 50-281; NRC-2012-0085]


Independent Spent Fuel Storage Installation, Virginia Electric 
and Power Company, Surry Power Station Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of an environmental assessment and finding of no 
significant impact.

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FOR FURTHER INFORMATION CONTACT: Jennie Rankin, Project Manager, 
Division of Spent Fuel Storage and Transportation, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: (301) 492-3268; Fax number: (301) 492-
3342; email: <a href="/cdn-cgi/l/email-protection#6a000f0404031c03040f44180b040103042a041809440d051c"><span class="__cf_email__" data-cfemail="a4cec1cacacdd2cdcac18ad6c5cacfcdcae4cad6c78ac3cbd2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC or Commission) is 
considering issuance of a one-time exemption to Virginia Electric and 
Power Company (Dominion or licensee) pursuant to 10 CFR 72.7 from the 
requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) 
which requires compliance with the terms, conditions, and 
specifications of the CoC. Dominion submitted its exemption request by 
letter dated July 21, 2011, as supplemented September 28, 2011. 
Dominion has loaded spent nuclear fuel into Transnuclear, Inc. (TN) 
NUHOMS[supreg] HD Storage System (HD-32PTH) dry storage casks, under 
the Certificate of Compliance (CoC or Certificate) No. 1030, Amendment 
No. 0. The licensee inadvertently reversed the upper and lower zones 
while preparing the dry shielded canister (DSC) loading maps. This 
resulted in five fuel assemblies being loaded into four DSCs with decay 
heat greater than the levels specified in the CoC. Dominion requests a 
one-time exemption to the 10 CFR Part 72 requirements to continue 
storage of the affected DSCs with serial numbers DOM-32PTH-001-C, -002-
C, -003-C, and -009-C in their current condition at the Independent 
Spent Fuel Storage Installation (ISFSI) associated with the operation 
of Dominion's nuclear power reactors, Surry Power Station Units 1 and 
2, located in Surry County, Virginia.

II. Environmental Assessment (EA)

    Identification of Proposed Action: The CoC is the NRC approved 
design for each dry storage cask system. The proposed action would 
grant Dominion a one-time exemption from the requirements of 10 CFR 
72.212(b)(3) and from the portion of 72.212(b)(11) that states the 
licensee shall comply with the terms, conditions, and specifications of 
the CoC, to the extent necessary to enable Dominion to continue storage 
of the four DSCs in their current condition at the ISFSI associated 
with Surry Power Station Units 1 and 2. These regulations specifically 
require storage of spent nuclear fuel under a general license in dry 
storage casks approved under the provisions of 10 CFR part 72, and 
compliance with the terms and conditions set forth in the CoC for each 
dry spent fuel storage cask used by an ISFSI general licensee.
    The TN NUHOMS[supreg] HD dry cask storage system CoC provides 
requirements, conditions and operating limits in Attachment A, 
Technical Specifications (TS). The TS restrict the decay heat in lower 
Zone ``1a'' locations to <= 1.05 kW and the upper Zone ``1b'' locations 
to <= 0.8 kW. The applicant inadvertently reversed the upper and lower 
zones while preparing the DSC loading maps. This resulted in five fuel 
assemblies being loaded into four DSCs (serial numbers DOM-32PTH-001-C, 
-002-C, -003-C, and -009-C) with decay heat greater than specified in 
the CoC. The maximum decay heat of the misloaded fuel assemblies at the 
time of loading was 0.806 kW, which exceeded the Zone ``1b'' limit 
mentioned above by six watts. Currently, the five affected fuel 
assemblies have been in storage for a minimum of 2.5 years and have 
decayed to meet the required decay heat limits of the CoC.
    The proposed action would grant Dominion a one-time exemption from 
the requirements of 10 CFR 72.212(b)(3) and the portion of 
72.212(b)(11) which requires compliance with the terms, conditions, and 
specifications of a CoC, in order to allow continued storage of the 
four affected DSCs in their current condition. This exemption approval 
is only valid for DSCs with serial numbers DOM-32PTH-001-C, -002-C, -
003-C, and -009-C, at the Surry Power Station ISFSI.
    Need for the Proposed Action: Dominion requested this exemption in 
order to continue storage of four as-loaded DSCs containing five fuel 
assemblies which exceeded the CoC decay heat limits at the time of 
loading. Dominion, with the assistance of TN, has provided an 
evaluation and thermal analysis which shows that the affected DSCs 
remain bounded by the system's design basis limits and that the 
continued storage of the fuel in the as-loaded configuration is safe.
    Dominion has considered an alternative to the proposed action, 
which would correct the condition by reloading the affected DSCs to be 
in compliance with CoC No. 1030. This would involve retrieving each of 
the DSCs from their Horizontal Storage Modules (HSM), unloading the 
spent fuel assemblies from the DSC, performing inspections of various 
DSC components, reloading the spent fuel assemblies into the used DSC 
or a new DSC (if there was damage noted on the used DSC) in accordance 
with CoC No. 1030, performing the DSC closing procedures, and 
transferring the DSC back to the ISFSI for re-insertion into the HSM.
    Dominion estimates this alternative action of loading and unloading 
operations would increase personnel exposures by 250 mRem per affected 
DSC. In addition, Dominion states the alternative to the proposed 
action would generate radioactive contaminated

[[Page 20441]]

material and waste during loading and unloading operations and disposal 
of the used DSCs if the DSCs were damaged during the unloading process. 
The licensee estimates the alternative to the proposed action would 
cost an estimated $300,000 for unloading and reloading operations of 
each affected DSC and also necessitate additional fuel handling 
operations. If the DSC was damaged during unloading, the licensee 
estimates an additional $1,000,000 for purchase of a new DSC and 
$200,000 for disposal of the used DSC.
    The proposed action is necessary to document the acceptability and 
safety basis for storage of the DSCs in the as-loaded configuration, 
thus precluding the need to unload the four DSCs.
    Environmental Impacts of the Proposed Action: The NRC staff has 
determined that the proposed action would not endanger life or 
property. The potential impact of using the NUHOMS[supreg] HD dry cask 
storage system was initially presented in the Environmental Assessment 
(EA) for the rulemaking to add the TN NUHOMS[supreg] HD Horizontal 
Modular Storage System for Irradiated Nuclear Fuel to the list of 
approved spent fuel storage casks in 10 CFR 72.214 (71 FR 25740, dated 
May 2, 2006 (Direct Final Rule), and 71 FR 71463, dated December 11, 
2006 (Final Rule)).
    The licensee submitted TN Calculation No. 10494-174, which 
performed bounding thermal analysis using ANSYS finite element software 
to evaluate the misloading events. The licensee concluded the maximum 
fuel cladding temperature for the as loaded DSCs remained below the 
fuel cladding temperature limit used in the Updated Safety Analysis 
Report dated October 2, 2009. The NRC staff performed an independent 
safety evaluation of the proposed exemption and determined that loading 
of the spent nuclear fuel with higher than allowable decay heat loads 
did not exceed the structural and shielding design basis and that the 
fuel cladding temperatures are below the temperature limit at the time 
of loading. The fuel assemblies have since decayed to meet the CoC 
limits. There are no changes being made in the types or amounts of any 
radiological effluents that may be released offsite, and there is no 
significant increase in occupational or public radiation exposure as a 
result of the proposed activities. Therefore, there are no significant 
radiological environmental impacts associated with the proposed action. 
The proposed action only affects the requirements associated with the 
fuel assemblies already loaded into the casks and does not affect non-
radiological plant effluents, or any other aspects of the environment. 
Therefore, there are no significant non-radiological impacts associated 
with the proposed action.
    Accordingly, the Commission concludes that there are no significant 
environmental impacts associated with the proposed action.
    Alternative to the Proposed Action: Because there is no significant 
environmental impact associated with the proposed action, alternatives 
with equal or greater environmental impact were not evaluated. As an 
alternative to the proposed action, the NRC staff considered denial of 
the proposed action which would involve reloading the affected DSCs as 
described previously. Denial of the exemption would result in an 
increase in radiological exposure to workers, a small potential for 
radioactive releases to the environment due to radioactive material 
handling, additional opportunities for accidents, and increased cost to 
the licensee. Therefore, the NRC staff has determined that approving 
the proposed action has a lesser environmental impact than denying the 
proposed action.
    Agencies and Persons Consulted: The environmental assessment 
associated with this exemption request was sent to Ms. Ellie Irons of 
the Virginia Department of Environmental Quality in the Office of 
Environmental Impact Review, by letter dated November 14, 2011 
(ML113180499). The state response was received by letter dated December 
14, 2011 (ML120030312). The letter states that the proposed action is 
unlikely to have significant effects on ambient air quality, historic 
resources, surface waters, and wetlands. The letter also states that it 
is unlikely to adversely affect species of plants or insects listed by 
state agencies as rare, threatened, or endangered. Furthermore, the 
Virginia Department of Health considered the alternative to the 
proposed action of reloading the casks presents several risks, namely 
additional radiation exposure to workers and potential accidents that 
may lead to dispersal of radiation to the environment. Thus, the 
Virginia Department of Health states that it supports the exemption 
without reservation. The NRC staff has determined that a consultation 
under Section 7 of the Endangered Species Act is not required because 
the proposed action will not affect listed species or a critical 
habitat. The NRC staff has also determined that the proposed action is 
not a type of activity having the potential to cause effects on 
historic properties. Therefore, no consultation is required under 
Section 106 of the National Historic Preservation Act.

III. Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR part 51. Based 
upon the foregoing Environmental Assessment, the Commission finds that 
the proposed action of granting the one-time exemption from the 
requirements of 10 CFR 72.212(b)(3) and the portion of 72.212(b)(11) 
which requires compliance with the terms, conditions, and 
specifications of the CoC in order to allow Dominion to store spent 
fuel assemblies in DSCs with serial numbers DOM-32PTH-001-C, -002-C, -
003-C, and -009-C in the as-loaded configuration at the ISFSI 
associated with Surry Power Station Units 1 and 2, will not 
significantly impact the quality of the human environment. Accordingly, 
the Commission has determined that an environmental impact statement 
for the proposed exemption is not warranted and that a finding of no 
significant impact is appropriate.

IV. Further Information

    In accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,'' 
final NRC records and documents regarding this proposed action are 
publicly available in the records component of NRC's Agencywide 
Documents Access and Management System (ADAMS). The request for 
exemption dated July 21, 2011 (ML11208B629), as supplemented September 
28, 2011 (ML11286A115), was docketed under 10 CFR part 50, Docket Nos. 
50-280 and 50-281, and under 10 CFR 72, Docket No. 72-55. These 
documents may be inspected at NRC's Public Electronic Reading Room at 
http://www.nrc.gov/reading-rm/adams.html. These documents may also be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O1F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor 
will copy documents for a fee. Persons who do not have access to ADAMS, 
or who encounter problems in accessing the documents located in ADAMS, 
should contact the NRC PDR Reference staff by telephone at 1-800-397-
4209, or (301) 415-4737, or by email to <a href="/cdn-cgi/l/email-protection#2c5c485e6c425e4f024b435a"><span class="__cf_email__" data-cfemail="69190d1b29071b0a470e061f">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 26th day of March, 2012.


[[Page 20442]]


    For the Nuclear Regulatory Commission.
Jennie Rankin,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-8111 Filed 4-3-12; 8:45 am]
BILLING CODE 7590-01-P


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