[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76404-76407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29889]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295, 50-304, and 72-1037; NRC-2014-0199]


ZionSolutions, LLC.; Zion Nuclear Power Station, Units 1 and 2; 
Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a request submitted by ZionSolutions on June 
25, 2014, for its general license to operate an independent spent fuel 
storage installation (ISFSI) at the Zion Nuclear Power Station (ZNPS). 
The exemption would permit ZionSolutions to load NAC International, 
Inc. (NAC), Modular Advanced Generation Nuclear All-purpose Storage 
(MAGNASTOR[supreg]) casks (Certificate of Compliance (CoC) No. 1031) in 
a manner different than permitted by any amendment to the 
MAGNASTOR[supreg] CoC. ZionSolutions is currently loading 
MAGNASTOR[supreg] storage casks and maintains that relief from 
requirements provides flexibility in operations, minimizes equipment 
runtime and repair, and minimizes personnel dose.

DATES: Notice of issuance of exemption given on December 22, 2014.

ADDRESSES: Please refer to Docket ID NRC-2014-0199 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0199. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#f6b59784999ad8b1979a9a97919e9384b6988495d8919980"><span class="__cf_email__" data-cfemail="e4a785968b88caa385888885838c8196a48a9687ca838b92">[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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select

[[Page 76405]]

``ADAMS Public Documents'' and then 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#d6a6b2a4f8a4b3a5b9a3a4b5b396b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="8cfce8fea2fee9ffe3f9feefe9cce2feefa2ebe3fa">[email protected]</span></a>. For the convenience of the reader, 
the ADAMS accession numbers are provided in a table in the 
``Availability of Documents'' section of this document. Some documents 
referenced are located in the NRC's ADAMS Legacy Library. To obtain 
these documents, contact the NRC's PDR for assistance.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-287-0810; email: 
<a href="/cdn-cgi/l/email-protection#f9bb9c8b97988b9dd7ae91908d9cb9978b9ad79e968f"><span class="__cf_email__" data-cfemail="d290b7a0bcb3a0b6fc85babba6b792bca0b1fcb5bda4">[email protected]</span></a>.

I. Background

    In February 1998, ZNPS, Units 1 and 2, were permanently shut down. 
On February 13, 1998, Commonwealth Edison Company, the ZNPS licensee at 
that time, submitted a letter certifying the permanent cessation of 
operations at ZNPS, Units 1 and 2. On March 9, 1998, Commonwealth 
Edison Company submitted a letter certifying the permanent removal of 
fuel from the reactor vessels at ZNPS. On May 4, 2009, the NRC issued 
the order to transfer the ownership of the permanently shut down ZNPS 
facility, and responsibility for its decommissioning to ZionSolutions. 
This transfer was effectuated on September 1, 2010. ZionSolutions was 
established solely for the purpose of acquiring and decommissioning the 
ZNPS facility for release for unrestricted use, while transferring the 
spent nuclear fuel and Greater-Than-Class C radioactive waste to the 
ZNPS ISFSI. ZionSolutions holds Facility Operating License Nos. DPR-39 
and DPR-48, which authorize possession of spent fuel from the operation 
of ZNPS, Units 1 and 2, in Zion, Illinois, pursuant to Part 50 of Title 
10 of the Code of Federal Regulations (10 CFR). The licenses provide, 
among other things, that the facility must comply with all applicable 
NRC requirements.
    Consistent with 10 CFR part 72, subpart K, a general license is 
issued for the storage of spent fuel in an ISFSI at power reactor sites 
to persons authorized to possess or operate nuclear power reactors 
under 10 CFR part 50. ZionSolutions is currently authorized to store 
spent fuel at the ZNPS ISFSI under the 10 CFR part 72 general license 
provisions.
    The conditions of the 10 CFR part 72 general license, specifically 
10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11), 
require a general licensee to store spent fuel in an approved spent 
fuel storage cask listed in 10 CFR 72.214, and to comply with the 
conditions specified in the cask's CoC. The ZNPS ISFSI is currently 
loading and storing spent fuel in MAGNASTOR[supreg] storage casks, 
approved by the NRC under CoC No. 1031, Amendment No. 3.
    The MAGNASTOR[supreg] system provides for the vertical dry storage 
of spent fuel assemblies in a welded transportable storage canister 
(TSC). The storage system components for MAGNASTOR[supreg] consist of a 
vertical concrete cask (VCC), a TSC with an internal basket assembly 
that holds the spent fuel assemblies, and a transfer cask, which 
contains the TSC during loading, transfer, and unloading operations. 
The VCC is constructed of reinforced concrete designed to withstand all 
normal condition loads, as well as abnormal condition loads created by 
natural phenomena such as earthquakes and tornados. The storage system 
is also designed to withstand design-basis accident conditions.

II. Request/Action

    By letter dated June 25, 2014, ZionSolutions submitted a request 
for exemptions from specific portions of the requirements of 10 CFR 
72.212, ``Conditions of general license issued under Sec.  72.210,'' 
specifically 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 
72.212(b)(11), and 10 CFR 72.214, ``List of approved spent fuel storage 
casks.'' Specifically, ZionSolutions has requested an exemption from 
the requirements of limiting condition of operation (LCO) 3.1.1, 
Section 1, Table A, of the technical specification (TS), regarding 
allowed transfer time from loading of a TSC inside the 
MAGNASTOR[supreg] transfer cask to placement into the VCC following the 
completion of helium backfill. ZionSolutions must connect the TSC to 
the annulus cooling water system (ACWS) for a certain minimum period 
prior to attempting the transfer. The length of time the TSC is 
connected to the ACWS prior to the transfer determines the maximum time 
ZionSolutions has to successfully complete the transfer to the VCC.
    Currently, ZionSolutions connects the TSC to the ACWS for 8 hours, 
which then affords a maximum of 8 hours to complete the transfer. 
ZionSolutions could increase the maximum transfer time to 48 hours by 
TSC connected to the ACWS for an additional 24 hours. However, the 
proposed exemption would modify the allowable transfer time for 
pressurized-water reactor (PWR) spent fuel after helium backfill from a 
maximum of 8 hours to 600 hours for the movement of a TSC, with heat 
load <=20 kW, from the decontamination pit into the VCC. In its 
request, ZionSolutions explained that this exemption will reduce 
maintenance and delays, and potentially reduce the dose received by 
workers during the transfer. If granted, ZionSolutions intends to use 
this exemption for the remainder of a loading campaign that began in 
January 2014.
    The NRC has the authority to grant specific exemptions from these 
requirements under 10 CFR 72.7 if the exemption is authorized by law 
and will not endanger life or property or the common defense and 
security and the exemption is otherwise in the public interest. For the 
reasons described below, the NRC is granting an exemption to 
ZionSolutions. This exemption is valid until March 31, 2015.

III. Discussion

    Pursuant to 10 CFR 72.7, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 72 when the exemptions are authorized 
by law, will not endanger life or property or the common defense and 
security, and is otherwise in the public interest.

A. Authorized by Law

    The Commission issued 10 CFR 72.7 under the authority granted to it 
under Section 133 of the Nuclear Waste Policy Act of 1982, as amended, 
42 U.S.C. 10153. Section 72.7 allows the NRC to grant exemptions from 
the requirements of 10 CFR part 72 if 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. As explained below, 
the proposed exemption will not endanger life or property, or the 
common defense and security, and is otherwise in the public interest. 
The ISFSI regulations cited in this exemption request are 10 CFR 
72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 10 CFR 
72.214. The Commission has the legal authority to issue exemptions from 
the requirements of Part 72 as provided in 10 CFR 72.7. Issuance of 
this exemption is consistent with the Atomic Energy Act of 1954, as 
amended, and not otherwise inconsistent with NRC

[[Page 76406]]

regulations or other applicable laws. Therefore, issuance of the 
exemption is authorized by law.

B. The Exemption Will Not Endanger Life or Property or the Common 
Defense and Security

    In its exemption request, ZionSolutions referred to analyses 
performed by the cask vendor, NAC, in support of ZionSolutions' 
request.\1\
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    \1\ While the Amendment No. 4 application includes the addition 
of increased transfer time, the application also includes other 
changes not at issue in this exemption.
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    Approval of this exemption request will allow ZionSolutions to 
utilize a longer transfer time to place the canister in a VCC, may 
reduce operational dose associated with a shorter transfer time, in the 
event the licensee is unable to complete the transfer in the maximum 8-
hour period allowed under the terms of the MAGNASTOR CoC. If the 
exemption is not granted and ZionSolutions is unable to conclude the 
transfer within the 8 hours, it would have to reconnect the TSC to ACWS 
within the 8 hour transfer time. Alternately, ZionSolutions can connect 
the TSC to the ACWS for an additional 24 hours prior to transfer to be 
allowed more time for the transfer. The additional cooling time extends 
the permitted maximum time for the transfer from 8 hours to 48 hours, 
per Table B of LCO 3.1.1. Granting ZionSolutions' exemption to use the 
longer transfer time may reduce dose to the operators, which conforms 
to the NRC's as low as reasonably achievable (ALARA) requirements.
    As discussed below, the NRC staff finds that ZionSolutions' 
proposal to increase its transfer time after helium backfill from 8 to 
600 hours for heat loads <=20 kW is acceptable for PWR spent fuel and 
will not endanger life or property or common defense and security. The 
thermal evaluation for the increased transfer time was evaluated using 
guidance in NUREG-1536, ``Standard Review Plan for Spent Fuel Dry 
Storage Systems at a General License Facility, Rev. 1.''
    Safety Evaluation: ZionSolutions proposed to increase the maximum 
transfer time for the TSC specified in LCO 3.1.1, Section 1, Table A, 
of the TS from 8 to 600 hours for decay heat loads less than 20 kW.
    The cask vendor, NAC, performed a steady state analysis for the TSC 
located in the transfer cask, which had no additional cooling, and 
calculated a peak cladding temperature of 653[emsp14][deg]F for the 
<=20 kW PWR heat load condition. The analysis by NAC shows that the 
peak cladding temperature during the extended transfer times proposed 
by ZionSolutions is below the limit of 752[emsp14][deg]F by a 
significant margin (~100[emsp14][deg]F). As discussed below, because 
the peak cladding temperature during the extended transfer times 
proposed by ZionSolutions will remain below the limit of 
752[emsp14][deg]F, the NRC staff concludes that the additional cooling 
is not required for loading heat loads <=20 kW at ZNPS.
    As part of its review of ZionSolutions' exemption request, the NRC 
staff referred to NAC's modeling methods, initial conditions, and 
boundary conditions and determined the analyses show that the extended 
transfer times requested by ZionSolutions are acceptable. First, the 
NRC staff determined that the mesh discretization used in the model is 
acceptable to support this exemption because it does not significantly 
change the results from the prior model for laminar flows inside the 
canister and in the annulus between the canister and transfer cask 
inner shell. Second, the NRC staff determined that the flow resistance 
factor, used to model fluid flow through the 14x14 PWR fuel assembly as 
a porous media, is acceptable because it conforms to known thermal-
hydraulic measurements on a PWR fuel assembly. The analysis is also 
acceptable to support this exemption because the methodology used is 
the same as the methodology used in the thermal evaluation for the 
initial issuance of CoC No. 1031, which the NRC staff had previously 
found to be acceptable. Finally, the NRC staff has determined that the 
analysis is acceptable to support this exemption because the results of 
the calculation show that the fuel temperatures will remain below the 
fuel temperature limit of 752[emsp14][deg]F, as specified in NUREG-
1536, Rev. 1, ``Standard Review Plan for Dry Cask Storage Systems,'' 
and Interim Staff Guidance No. 11, Rev. 3, ``Cladding Considerations 
for the Transportation and Storage of Spent Fuel.'' Therefore, the NRC 
staff concludes that ZionSolutions will meet the requirements of Part 
72 while operating with this exemption.
    Security Evaluation: Modification of the transfer time when a 
canister's thermal output is <=20 kW for PWR spent fuel does not affect 
the ISFSI security plans. Accordingly, the ZNPS ISFSI will continue to 
be physically protected under ZionSolutions' ISFSI Physical Security 
Plan to the same level of security. Additionally, the changes do not 
affect the confinement barriers of the canisters or affect the 
integrity of the spent nuclear fuel. Therefore, confinement of the 
spent fuel stored at the ISFSI facility is not affected.
    As discussed above, the safety and security requirements associated 
with transferring the loaded TSC in a transfer cask to a VCC at the 
ZNPS ISFSI will continue to be met if the exemption is granted. 
Therefore, issuance of the exemption will not endanger life or property 
or the common defense and security.

C. The Exemption Is Otherwise in the Public Interest

    ZionSolutions stated that adoption of the revised transfer times as 
proposed will maintain doses ALARA by ensuring that the time needed to 
prepare the canister for storage is minimized. Based on its review of 
ZionSolutions' request, the NRC staff concludes that allowing the use 
of the extended maximum transfer time reduces time constraints during 
transfer operations on operators and thereby reduces dose to ZNPS 
operators for the following reasons.
    If the operator is unable to conclude the activity within 8 hours 
due to operational delays or complications, ZionSolutions stated that 
it reconnects the MAGNASTOR transfer cask to annulus cooling water 
system (ACWS) within the 8 hour transfer time. ZionSolutions' exemption 
request indicated that operators include a 2-hour buffer in the 
transfer time to account for the possibility that the transfer cask 
will need to be reconnected to the ACWS. As a result, the transfer time 
available to the operator is limited to approximately 6 hours. 
Performing the ACWS reconnection increases dose to the operators and, 
as discussed above, the NRC staff has concluded that successfully 
completing the transfer within 600 hours is sufficient to provide 
adequate protection of the public health and safety.
    To avoid the 8 hour transfer time limitation, ZionSolutions could 
use an alternative procedure that allows a 48 hour limit (LCO 3.1.1, 
Table B ``PWR with Maximum TSC Backfill''). That alternate procedure 
requires the TSC to remain connected to the ACWS for an additional 24 
hours prior to attempting the transfer. This alternate procedure is 
likely to be used to avoid needing to make multiple transfer attempts 
to account for operational delays or complications. However, that 
alternate procedure results in an additional 17 hours of operating 
time, per individual cask loading, and would include additional dose to 
personnel, increase equipment wear, and increase the risk of equipment 
failure during extended operation. The resulting system's lack of

[[Page 76407]]

availability would also impact operations. The additional operational 
period is specifically a concern for the ZionSolutions fuel loading 
campaign, which involves 61 casks, because up to 43 days will be added 
to the transfer duration if the alternate procedure is adopted for all 
61 casks. Based on the NRC staff's evaluation of the extended transfer 
times proposed by ZionSolutions, the NRC staff determines that those 
procedures are not necessary to meet the requirements of Part 72 
because even without the alternate procedures the fuel temperature will 
remain below the temperature limit in NUREG-1536 and ISG-11 which 
limits fuel degradation and ensures ready retrievability as required in 
10 CFR 72.122(h) and (l).
    Given the potential avoidance of additional radiological exposure 
to workers during the cask loading campaign, issuance of the exemption 
is in the public interest.

D. Environmental Considerations

    The NRC staff also considered whether there would be any 
significant environmental impacts associated with the exemption. For 
this proposed action, the NRC staff performed an environmental 
assessment pursuant to 10 CFR 51.30. The environmental assessment 
concluded that the proposed action would not significantly impact the 
quality of the human environment. The NRC staff concluded that the 
proposed action will not result in any changes in the types or amounts 
of any radiological or non-radiological effluents that may be released 
offsite, and there is no significant increase in occupational or public 
radiation exposure because of the proposed action. The Environmental 
Assessment and the Finding of No Significant Impact was published on 
October 16, 2014 (79 FR 62211).

IV. Conclusions

    Accordingly, the NRC has determined that, pursuant to 10 CFR 72.7, 
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, the Commission hereby grants ZionSolutions an 
exemption from 10 CFR part 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 
72.212(b)(11) and 72.214, which states that the licensee shall comply 
with the terms, conditions, and specifications of the CoC only with 
regard to LCO 3.1.1, Section 1, Table A, of TS to MAGNASTOR[supreg] CoC 
No. 1031, Amendment No. 3, to change the time allowed after helium 
backfill from 8 hours to 600 hours for transferring a canister 
containing <=20 kW of decay heat load from decontamination pit to a 
VCC. This exemption approval is only valid for authorizing a longer 
transfer time up to 600 hours for canisters with a decay heat load <=20 
kW at the ZionSolutions Nuclear Station ISFSI until March 31, 2015.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons in ADAMS. For information on accessing ADAMS see the 
ADDRESSES section of this document.

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                  Document                       ADAMS Accession No.
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Commonwealth Edison Company letter           9802200407 (Legacy
 certifying the permanent cessation of        Library).
 operations at ZNPS, Units 1 and 2.
Commonwealth Edison Company letter           9803110251 (Legacy
 certifying the permanent removal of fuel     Library).
 from the reactor vessels at ZNPS.
NRC order and conforming amendments          ML090930037.
 transferring ownership of ZNPS facility.
Letter issuing conforming amendments         ML102290437.
 relating to transfer of licenses for ZNPS.
Zion exemption request.....................  ML14182A474.
NAC amendment request No. 4 to change LCO    ML13171A031.
 3.1.1, Section 1, Table A.
NAC MAGANSTOR Amendment 4 response to NRC    ML13261A278.
 request for supplemental information.
NAC MAGANSTOR final safety analysis report,  ML13268A050.
 Revision 13C.
NAC supplement to correct TS error           ML14170A070.
 associated with additional cooling times
 for fuel assemblies containing control
 elements.
NAC supplement to correct typographical      ML14170A022.
 error in boron density in TS.
NAC request to have Amendment 3 to CoC 1031  ML14199A501.
 be the basis for Amendment 4 instead of
 Amendment 2.
NUREG-1536, Rev. 1, ``Standard Review Plan   ML101040620.
 for Dry Cask Storage Systems,'' dated July
 2010.
Interim Staff Guidance No. 11, Rev. 3,       ML033230244.
 ``Cladding Considerations for the
 Transportation and Storage of Spent Fuel''.
Initial issuance of Certificate of           ML090350509.
 Compliance No. 1031.
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    The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 11th day of December, 2014.

    For the Nuclear Regulatory Commission.
Anthony H. Hsia,
Deputy Director, Division of Spent Fuel Management, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2014-29889 Filed 12-19-14; 8:45 am]
BILLING CODE 7590-01-P


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