[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Page 38679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19087]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-16 (50-338/339]


Virginia Electric and Power Co. and Old Dominion Electric 
Cooperative; North Anna Independent Spent Fuel Storage Installation; 
Exemption

I

    Virginia Electric and Power Company (Virginia Power) and Old 
Dominion Electric Cooperative (collectively, the licensee) hold 
Materials License SNM-2507 for receipt and storage of spent fuel from 
the North Anna Power Station at an independent spent fuel storage 
installation (ISFSI) located on the North Anna Power Station site. The 
facility is located in Louisa County, Virginia.

II

    Pursuant to 10 CFR 72.7, the Nuclear Regulatory Commission (NRC) 
may grant exemptions from the requirements of the regulations in 10 CFR 
Part 72 as it determines are authorized by law, will not endanger life 
or property or the common defense and security, and are otherwise in 
the public interest.
    Section 72.82(e) of 10 CFR Part 72 requires each licensee to 
provide a report of preoperational test acceptance criteria and test 
results to the appropriate NRC Regional Office with a copy to the 
Director, Office of Nuclear Material Safety and Safeguards, at least 30 
days prior to receipt of spent fuel or high-level radioactive waste for 
storage in an ISFSI. The purpose of the 30-day waiting period is to 
allow NRC an opportunity to review test results prior to initial 
operation of the ISFSI. If an exemption from the requirement of 10 CFR 
72.82(e) for a 30-day waiting period was granted, the licensee still 
would be required to submit the necessary report. However, with an 
exemption the licensee could start receiving fuel at the ISFSI before 
the end of the 30-day period.

III

    By letter dated June 12, 1998, the licensee requested an exemption, 
pursuant to 10 CFR 72.7, from the requirement of 10 CFR 72.82(e) to 
submit the preoperational test acceptance criteria and test results 
report to NRC at least 30 days prior to receipt of fuel at the ISFSI. 
Specifically, the licensee requested to submit the report at least 3 
days prior to receipt of fuel at the ISFSI. The licensee's exemption 
request to reduce the 30-day waiting period was based on the licensee's 
need to assure the availability of adequate storage space in the North 
Anna spent fuel pool to support a refueling outage of North Anna Power 
Station, Unit 1, in September 1998. To meet that schedule, spent fuel 
must be removed from the pool and loaded into a dry storage cask prior 
to the placement of new fuel into the spent fuel pool in late July 
1998. Weather-related delays have hampered completion of construction 
and testing of the ISFSI prior to the end of June 1998. Thus, 
completion of construction and testing will occur less than 30 days 
prior to the need to load the first cask and transport it to the ISFSI.
    NRC conducted numerous inspections of the North Anna ISFSI during 
its construction, as documented in part in NRC Inspection Report 50-
338/97-09, 50-339/97-09, 72-16/97-03 and Inspection Report No. 50-338/
97-11, 50-339/97-11, 72-16/97-04. NRC staff also observed selected 
portions of the licensee's preoperational dry run and walkthrough 
activities which were conducted between June 8 and 18, 1998.
    By letter dated June 30, 1998, as supplemented by letter dated July 
7, 1998, the licensee submitted its report of preoperational test 
acceptance criteria and test results. The preoperational tests 
conducted by the licensee included, among other things, the actual 
exercise of the licensee's written procedures for loading and unloading 
the storage casks. The licensee reviewed the results of these tests and 
made changes as necessary to affected procedures. During its onsite 
inspections in June 1998, NRC observed the licensee's validation of the 
acceptability of these procedures and is satisfied with the results.

IV

    As discussed in the above paragraphs and based on its oversight and 
inspection of Virginia Power's ISFSI preoperational testing activities, 
NRC finds that Virginia Power has satisfactorily addressed all of the 
outstanding safety issues associated with cask loading, handling, and 
storage. The results of the NRC's activities described above confirm 
there is adequate assurance that the ISFSI can safely perform its 
intended function and that Virginia Power has the necessary equipment 
and procedures in place to safely conduct activities associated with 
storing spent fuel at the ISFSI.
    Accordingly, NRC has determined in accordance with 10 CFR 72.7 that 
this 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, NRC hereby grants the licensee an exemption from 
the 30-day waiting period required by 10 CFR 72.82(e) as requested by 
the licensee in its letter dated June 12, 1998.
    The documents related to this proposed action are available for 
public inspection and for copying (for a fee) at the NRC Public 
Document Room, 2120 L Street, NW, Washington, DC 20555 and at the Local 
Public Document Room located at the University of Virginia, Alderman 
Library, Charlottesville, Virginia 22903.
    Pursuant to 10 CFR 51.32, NRC has determined that granting this 
exemption will have no significant impact on the quality of the human 
environment (63 FR 36277).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 9th day of July, 1998.

    For the Nuclear Regulatory Commission.
William F. Kane,
Director,
Spent Fuel Project Office,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 98-19087 Filed 7-16-98; 8:45 am]
BILLING CODE 7590-01-P