[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5847-5851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02122]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-32; NRC-2022-0024]


NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center 
Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing 
this notice regarding the issuance of an Environmental Assessment (EA) 
and Finding of No Significant Impact (FONSI) for its review and 
potential approval of an exemption to NextEra Energy Duane Arnold, LLC 
(NEDA) for the Duane Arnold Energy Center (DAEC) Independent Spent Fuel 
Storage Installation (ISFSI). The exemption would allow a failed fuel 
can (FFC) and its contents at DAEC to exceed the limits specified in 
Table 1-1t in Appendix B, Technical Specifications, of NRC Certificate 
of Compliance (CoC) No. 1004, Renewed Amendment No. 17.

[[Page 5848]]


DATES: The EA and FONSI referenced in this document are available on 
February 2, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0024 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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0024. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#e0b394818399ceb38388958d818e8ea08e9283ce878f96"><span class="__cf_email__" data-cfemail="d487a0b5b7adfa87b7bca1b9b5baba94baa6b7fab3bba2">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> 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, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#b1e1f5e39fe3d4c2dec4c3d2d4f1dfc3d29fd6dec7"><span class="__cf_email__" data-cfemail="560612047804332539232435331638243578313920">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#5e0e1a0c700c3b2d312b2c3d3b1e302c3d70393128"><span class="__cf_email__" data-cfemail="1b4b5f4935497e68746e69787e5b756978357c746d">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Tilda Liu, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 404-997-4730, email: <a href="/cdn-cgi/l/email-protection#4f1b26232b2e6103263a0f213d2c61282039"><span class="__cf_email__" data-cfemail="91c5f8fdf5f0bfddf8e4d1ffe3f2bff6fee7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the issuance of an exemption to NEDA for the 
DAEC ISFSI located in Palo, Iowa. Therefore, as required by sections 
51.21 and 51.30(a) of title 10 of the Code of Federal Regulations (10 
CFR), the NRC performed an EA. The exemption, if granted, would allow a 
FFC and its contents at DAEC to exceed the limits specified in Table 1-
1t in Appendix B, Technical Specifications, of NRC Certificate of 
Compliance (CoC) No. 1004, Renewed Amendment No. 17. Based on the 
results of the EA, discussed in this notice, the NRC has determined not 
to prepare an environmental impact statement for the exemption request 
and is issuing a FONSI.

II. Background

    By letter dated October 21, 2021, as supplemented by letters dated 
December 10, 2021 and January 6, 2022, NEDA submitted a one-time 
exemption request to the NRC for the DAEC ISFSI, in accordance with 10 
CFR 72.7, ``Specific exemptions,'' from the requirements of 10 CFR 
72.212(a)(2), (b)(2), (b)(3), (b)(4), (b)(5)(i), (b)(11), and 72.214. 
Specifically, the one-time exemption request would, if granted, permit 
an FFC and its contents at DAEC to exceed the limits specified in Table 
1-1t in Appendix B of NRC Certificate of Compliance (CoC) No. 1004, 
Renewed Amendment No. 17.
    DAEC began operation in 1974 and is owned and operated by NEDA. 
DAEC permanently shut down its reactor on August 10, 2020. By letter 
dated August 27, 2020, NEDA submitted its certification of permanent 
cessation of power operations, and by letter dated October 12, 2020, 
NEDA certified that all fuel had been removed from the reactor as 
required under the provisions of 10 CFR 50.82.
    The NRC staff reviewed and approved the Standardized NUHOMS[supreg] 
61BTH Type 2 dry shielded canister (DSC), and the related basket 
structural analysis, as part of Amendment No. 10 to CoC No. 1004, and 
the FFC as part of Amendment No. 13 to CoC No. 1004. The Standardized 
NUHOMS[supreg] System FFC consists of a liner with an integral bottom 
lid assembly, and a removable top lid, designed to contain a failed 
fuel assembly and any associated fuel fragments/rubble to ensure 
assumptions made in the criticality analysis for the quantity and 
location of fuel rod material are maintained.
    As discussed in its October 21, 2021 request, as supplemented on 
December 10, 2021, and January 6, 2022, NEDA identified a failed fuel 
assembly which, when stored with a modified FFC, will exceed the CoC 
Appendix B Technical Specifications (TS) Table 1-1t requirement that 
``[t]he total weight of each failed fuel can plus all its content shall 
be less than 705 lb.'' The modifications to the relevant FFC will be 
evaluated against the criteria in 10 CFR 72.48 to determine whether 
they require either a license or CoC amendment.
    NEDA is proposing to modify an FFC to accommodate a damaged bail 
handle on a certain boiling water reactor failed fuel assembly. The 
proposed modification to the FFC would provide the damaged bail handle 
adequate clearance during loading operations to lower the failed fuel 
assembly into place without interference from surrounding components, 
allowing the fuel assembly to be safely lowered into its final 
position. Because of its proposed modification to the FFC, NEDA cannot 
lift the FFC in the normal manner. Instead, it will have to use 
additional lifting hardware to accomplish this. The additional hardware 
to be used will cause the relevant FFC and its contents to exceed the 
705-pound weight limit in CoC No. 1004, Renewed Amendment No. 17. If 
the exemption is granted, NEDA would be allowed to load a failed fuel 
assembly in an FCC, within a DAEC DSC No. 30 fuel cell, where the 
combined weight of the failed fuel assembly plus the FCC exceeds the 
705-pound limit. As a condition of this exemption, however, NEDA would 
also be required to leave at least two adjacent DSC fuel cells empty to 
increase the available margin for weight.
    The NRC staff is performing both a safety evaluation and an 
environmental review to determine whether to grant this exemption 
request. The NRC staff will prepare a separate safety evaluation report 
to document its safety review and analysis. The NRC's safety evaluation 
report will evaluate the proposed exemption to ensure reasonable 
assurance of adequate protection of public health and safety, and the 
common defense and security. This EA documents the environmental review 
that the NRC staff prepared in accordance with 10 CFR 51.21 and 
51.30(a). The NRC's decision whether to grant the exemption will be 
based on the results of the NRC staff's review documented in this EA, 
and the staff's safety review to be documented in the safety evaluation 
report.

III. Environmental Assessment

Description of the Proposed Action

    CoC No. 1004 constitutes the approval and contains the conditions 
for the use of the Standardized NUHOMS[supreg] Horizontal Modular 
Storage System for the storage of spent nuclear fuel under the general 
licensing provisions of 10 CFR 72.210. The proposed action is for the 
NRC to grant NEDA an exemption from the requirements of 10 CFR 
72.212(b)(3), (b)(5)(i), (b)(11), and 72.214, which require general 
licensees to comply with the terms, conditions, and specifications of 
the CoC No. 1004,

[[Page 5849]]

Renewed Amendment No. 17 and from the requirements of 10 CFR 
72.212(a)(2), (b)(2), and (b)(4) to the extent those three provisions 
require licensees to use casks exactly as described in the relevant TS.
    In its October 21, 2021, exemption request, supplemented on 
December 10, 2021, and January 6, 2022, NEDA identified a failed fuel 
assembly that weighs nominally 676 pounds. As previously discussed, 
this failed fuel assembly must be stored in a modified FFC because of a 
bent bail handle extending beyond the perimeter of the dry shielded 
canister fuel compartment. When this failed fuel assembly is stored 
with the modified FFC, the total weight will exceed the physical 
parameter limit for failed fuel, specified in CoC No. 1004, Renewed 
Amendment No. 17, Appendix B, TS Table 1-1t, which states: ``The total 
weight of each failed fuel can plus all its content shall be less than 
705 lb.'' As a result, NEDA is requesting an exemption to load an FFC 
such that the FFC and its contents exceed the TS limit for the DAEC 
ISFSI.
    More specifically, NEDA is requesting NRC's approval for the FFC in 
question, plus all its contents, to weigh up to 800 lbs. NEDA further 
states that, should this exemption be granted, the FFC in question 
would be loaded within DSC No. 30, which is the final DSC in the near-
term loading campaign and the final loading campaign for DAEC. In 
addition, as the NRC staff's safety evaluation will discuss, NEDA 
stated that it is committing to leave a minimum of two adjacent fuel 
cells in DSC No. 30 empty.

Need for the Proposed Action

    The proposed action is limited to allowing Standardized 
NUHOMS[supreg] 61BTH Type 2 DSC, No. 30, to be loaded and maintained at 
DAEC ISFSI in the storage condition such that the FCC and its contents 
weigh up to 800 pounds. This cask will remain in this condition for the 
duration of its use and will not meet the 705-pound weight limit for 
failed fuel specified in CoC No. 1004, Renewed Amendment No. 17, 
Appendix B, TS Table 1-1t, ``BWR Fuel Specification for the Fuel to be 
Stored in the NUHOMS[supreg]-61BTH DSC.''
    DAEC is currently undergoing decommissioning. For NEDA to 
decommission the facility, it must place the failed fuel assembly in a 
storage cask. NEDA could dismantle the failed fuel assembly and place 
the dismantled component pieces of the failed fuel assembly into 
separate FFCs within a DSC to meet the total weight requirement 
specified in CoC No. 1004, Renewed Amendment No. 17, Appendix B, TS 
Table 1-1t. Dismantling the failed fuel assembly and placing the 
dismantled portions in multiple FFCs, however, would result in 
increased risk to plant personnel and the environment, including 
additional occupational radiation dose and the generation of additional 
radiological waste.

Environmental Impacts of the Proposed Action

    This EA evaluates the potential environmental impacts of granting 
the exemption to allow Standardized NUHOMS[supreg] 61BTH Type 2 DSC, 
No. 30, to be loaded and maintained at DAEC ISFSI in the storage 
condition such that the FCC and its contents weigh up to 800 pounds for 
the duration of its use without restoring compliance with the weight 
limit for failed fuel as specified in CoC No. 1004, Renewed Amendment 
No. 17, Appendix B, TS Table 1-1t.
    The potential environmental impacts of spent fuel storage under CoC 
No. 1004, Renewed Amendment No. 17, for the Standardized NUHOMS[supreg] 
61BTH System, were evaluated by the NRC staff prior to Renewed 
Amendment No. No. 17 being added to the list of approved spent fuel 
storage casks in 10 CFR 72.214 (86 FR 26651). For the proposed action, 
the only potential impacts from granting the exemption will be as 
discussed as follows. Nothing about increasing the weight of this FFC 
would cause any corresponding changes to the environmental impacts 
discussed during the original amendment. In addition, non-radiological 
impacts will not be greater than those considered in the EA for CoC No. 
1004, Renewed Amendment No. 17.
    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 impact of using NRC-approved storage casks. 
The EA for the NUHOMS[supreg] 61BTH System, CoC No. 1004, Renewed 
Amendment No. No. 17, tiers off the EA issued for the July 18, 1990, 
final rule. Tiering off earlier EAs is a standard process under the 
National Environmental Policy Act of 1969 (NEPA) by which the impact 
analyses of previous EAs can be cited by a subsequent EA, such as this 
one, to include the impacts of the proposed action within the scope of 
the previous EA.
    On December 22, 1994 (59 FR 65898), the NRC amended 10 CFR part 72 
to add the Standardized NUHOMS[supreg] Horizontal Modular System to the 
list of approved spent fuel storage casks under a general license. The 
EA for the December 22, 1994, final rule concluded that there would be 
no significant environmental impact to adding the Standardized 
NUHOMS[supreg] System, and therefore, the NRC issued a FONSI, which was 
validated through issuance of Renewed Amendment No. 17 to the CoC on 
June 7, 2021.
    This exemption request involves neither the disturbance of land, 
the construction of new facilities, nor modifications to current 
operating practices. The EA for NUHOMS[supreg] 61BTH System, CoC No. 
1004, Renewed Amendment No. 17, analyzed the effects of design-basis 
accidents that could occur during storage. Design-basis accidents 
account for human-induced events and the most severe natural phenomena 
reported for the site and surrounding area and the resultant effects on 
the storage cask. The NRC staff evaluated the exemption request and 
concludes that the structural integrity and confinement of the 
NUHOMS[supreg] 61BTH System are maintained within regulatory 
requirements and the environmental impacts of the proposed action will 
be insignificant. In addition, the NRC staff determined that the higher 
weight limit for failed fuel, requested under this exemption, would not 
adversely affect structural performance, and the Type 2 DSC structural 
performance would not be affected by the exemption request. Therefore, 
there would be no significant change in the types or amounts of any 
effluent released, no significant increase in individual or cumulative 
radiation exposures, and no significant increase in the potential for, 
or consequences of, radiological accidents will occur. The NRC staff 
also finds that occupational exposure and offsite dose rates from this 
exemption request will remain within applicable 10 CFR part 20 limits. 
Therefore, the proposed exemption request will not result in 
radiological or non-radiological environmental impacts that 
significantly differ from impacts evaluated in the EA supporting the 
NUHOMS[supreg] 61BTH System, CoC No. 1004, Renewed Amendment No. 17, 
Direct Final Rule. For these reasons, the NRC concludes there are no 
significant environmental impacts associated with the exemption request 
for the NUHOMS[supreg] 61BTH System Type 2 DSC.

Environmental Impacts of the Alternatives to the Proposed Action

    In addition to the proposed action, the NRC staff also considered 
the no-action alternative of denial of the proposed exemption request. 
Denial of the exemption request would require NEDA to dismantle the 
failed fuel assembly and place the resulting dismantled

[[Page 5850]]

component pieces into separate FFCs within a DSC to meet the total 
weight requirement specified in CoC No. 1004, Renewed Amendment No. 17, 
Appendix B, TS Table 1-1t. Dismantling the failed fuel assembly and 
placing its dismantled components in multiple FFCs would result in 
increased risk to plant personnel and the environment, including 
additional occupational radiation dose and the generation of additional 
radiological waste. Therefore, the alternative could result in equal or 
greater environmental impacts.

Agencies Consulted

    By email dated December 17, 2021, the NRC provided a copy of this 
draft EA to the Bureau of Radiological Health, Iowa Department of 
Public Health, for review. By email dated January 4, 2022, the Iowa 
Department of Public Health indicated that it had no comments.

Endangered Species Act Section 7 Consultation

    Section 7 of the Endangered Species Act requires Federal agencies 
to consult with the U.S. Fish and Wildlife Service or National Marine 
Fisheries Service regarding actions that may affect listed species or 
designated critical habitats. The Endangered Species Act is intended to 
prevent further decline of endangered and threatened species and 
restore those species and their critical habitat.
    The NRC staff 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 critical habitat.

National Historic Preservation Act Section 106 Consultation

    Section 106 of the National Historic Preservation Act (NHPA) 
requires Federal agencies to consider the effects of their undertakings 
on historic properties. As stated in the NHPA, historic properties are 
any prehistoric or historic district, site, building, structure, or 
object included in, or eligible for inclusion in the National Register 
of Historic Places.
    The NRC determined that the scope of activities described in this 
exemption request do not have the potential to cause effects on 
historic properties because the NRC's approval of this exemption 
request will not authorize new construction or land disturbance 
activities. The NRC staff also determined that the proposed action is 
not a type of activity that has the potential to impact historic 
properties because the proposed action would occur within the 
established DAEC site boundary. Therefore, in accordance with 36 CFR 
800.3(a)(1), no consultation is required under Section 106 of NHPA.

IV. Finding of No Significant Impact

    The environmental impacts of the proposed action, an exemption 
allowing NEDA to load and maintain a modified FFC for DAEC ISFSI in the 
storage condition such that the FCC and its contents weigh up to 800 
pounds instead of the current limit specified in CoC No. 1004, Renewed 
Amendment No. No. 17, Appendix B, TS Table 1-1t, have been reviewed 
under the requirements in 10 CFR part 51, which implement NEPA.
    In this EA, the NRC determined that the environmental impacts of 
granting this exemption will be no greater than those described in the 
EA for the NUHOMS[supreg] 61BTH System, CoC No. 1004, Renewed Amendment 
No. 17, Direct Final Rule, and that nothing about increasing the weight 
of this FFC would cause any corresponding changes to the environmental 
impacts discussed during the original amendment. No changes are being 
made in the types or quantities of effluents that may be released 
offsite, and there is no significant increase in occupational or public 
radiation exposures. Accordingly, the NRC has determined that a FONSI 
is appropriate, and an environmental impact statement is not warranted.

V. 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./Federal
           Document description                   Register citation
------------------------------------------------------------------------
Final Rule: Storage of Spent Fuel in NRC-   55 FR 29181
 Approved Storage Casks at Power Reactor
 Sites, dated July 18, 1990.
Final Rule: List of Approved Spent Fuel     59 FR 65898
 Storage Casks: Addition, dated December
 22, 1994.
Direct Final Rule: List of Approved Spent   86 FR 26651
 Fuel Storage Casks: TN Americas LLC
 Standardized NUHOMS[supreg] Horizontal
 Modular Storage System, Certificate of
 Compliance No. 1004, Renewed Amendment
 No. 17, dated May 17, 2021.
Letter from NextEra Energy to NRC,          ML20240A067
 ``Certification of Permanent Cessation of
 Power Operations'' dated August 27, 2020.
Letter from NextEra Energy to NRC,          ML20286A317
 ``Certification of Permanent Removal of
 Fuel from the Reactor Vessel for Duane
 Arnold Energy Center,'' dated October 12,
 2020.
Letter from NextEra Energy to NRC,          ML21294A280
 ``Exemption Request for Failed Fuel Can
 Weight in a Certificate of Compliance
 1004 Renewed Amendment 17 61BTH Type 2
 Dry Shielded Canister,'' dated October
 21, 2021.
Letter from NextEra Energy to NRC,          ML21344A186
 ``Supplement to Exemption Request for
 Failed Fuel Can Weight in a Certificate
 of Compliance 1004 Renewed Amendment 17
 61BTH Type 2 Dry Shielded Canister,''
 dated December 10, 2021.
Letter from NextEra Energy to NRC,          ML22006A105
 ``Supplement to Exemption Request for
 Failed Fuel Can Weight in a Certificate
 of Compliance 1004 Renewed Amendment 17
 61BTH Type 2 Dry Shielded Canister,''
 dated January 6, 2022.
Renewal of Initial Certificate and          ML17338A117 and ML17338A118,
 Amendment Nos. 1 Through 11 and 13,         respectively
 Revision 1, and Amendment No. 14 of
 Certificate of Compliance No. 1004 for
 the Standardized NUHOMS[supreg]
 Horizontal Modular Storage System.
 Enclosure 25, Renewed Certificate of
 Compliance No. 1004, Amendment 13,
 Revision 1; Enclosure 26, Conditions for
 Cask Use and Technical Specifications,
 Renewed Amendment 13, Revision 1, dated
 December 4, 2017.
Issuance of Certificate of Compliance No.   ML21109A325 (Package)
 1004, Renewed Amendment No. 17, for the
 Standardized NUHOMS[supreg] Horizontal
 Modular Storage System, dated May 5, 2021.
Email from NRC to Iowa Department of        ML21354A672
 Public Health Transmitting ``State
 Consolation--Draft Environmental
 Assessment Regarding the Exemption
 Request for NextEra Energy Duane Arnold,
 LLC, Duane Arnold Energy Center ISFSI in
 Palo, Iowa,'' dated December 17, 2021.
Email from State of Iowa Department of      ML22021B505
 Public Health regarding ``State
 Consultation--Draft Environmental
 Assessment Regarding the Exemption
 Request for NextEra Energy Duane Arnold,
 LLC, Duane Arnold Energy Center ISFSI in
 Palo, Iowa,'' dated January 4, 2022.
------------------------------------------------------------------------



[[Page 5851]]

    Dated: January 27, 2022.

    For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-02122 Filed 2-1-22; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>