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{{#Wiki_filter:[7590- 01-P]
{{#Wiki_filter:[7590-01-P]
 
NUCLEAR REGULATORY COMMISSION
NUCLEAR REGULATORY COMMISSION
 
[Docket Nos. 72-0028, 50-387, and 50-388; NRC-2024-0068]
[Docket Nos. 72-0028, 50- 387, and 50 -388; NRC-2024- 0068]
Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Environmental Assessment and Finding of No Significant Impact AGENCY: Nuclear Regulatory Commission.
 
ACTION: Notice; issuance.  
Susquehanna Nuclear, LLC;
 
Susquehanna Steam Electric Station, Units 1 and 2;
 
Independent Spent Fuel Storage Installation;
 
Environmental Assessment and Finding of No Significant Impact
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: Notice; issuance.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
: The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for an exemption request submitted by Susquehanna Nuclear, LLC (Susquehanna) that would permit Susquehanna Steam Electric Station (SSES) to load six new 89 multi-purpose canisters (MPC) with continuous basket shims (CBS) in the HI-STORM Flood/Wind (FW)
 
MPC Storage System at its SSES Units 1 and 2 independent spent fuel storage installation (ISFSI) in a storage condition where the terms, conditions, and specifications in the Certificate of Compliance (CoC) No. 1032, Amendment No. 5, are not met.
environmental assessment (EA) and a finding of no significant impact (FONSI) for an
DATES: The EA and FONSI referenced in this document are available on April 22, 2024.
 
ADDRESSES: Please refer to Docket ID NRC-2024-0068 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:
exemption request submitted by Susquehanna Nuclear, LLC (Susquehanna) that would
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0068. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:  
 
permit Susquehanna Steam Electric Station (SSES) to load six new 89 multi-purpose
 
canisters (MPC) with continuous basket shims (CBS) in the HI-STORM Flood/Wind (FW)
 
MPC Storage System at its SSES Units 1 and 2 independent spent fuel storage
 
installation (ISFSI) in a storage condition where the terms, conditions, and specifications
 
in the Certificate of Compliance (CoC) No. 1032, Amendment No. 5, are not met.
 
DATES: The EA and FONSI referenced in this document are available on
 
April 22, 2024.
 
ADDRESSES: Please refer to Docket ID NRC-2024- 0068 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:
* Federal Rulemaking Webs ite: Go to https://www.regulations.gov and
 
search for Docket ID NRC-2024- 0068. Address questions about D ocket IDs in
 
Regulations.gov to Stacy Schumann; telephone: 301-415- 0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
 
For Further Information Contact section of this document.
* NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
 
301-415-4737, or by email to PDR. Resource@nrc.gov. For the convenience of the
 
reader, instructions about obtaining materials referenced in this document are provided
 
in the Availability of Documents section.
* NRCs PDR: The PDR, where you may examine and order copies of publicly
 
available documents, is open by appointment. To make an appointment to visit the PDR,
 
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
 
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
 
Federal holidays.
 
FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear
 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
 
20555; telephone: 301-415-6825; email: Christian.Jacobs @nrc.gov.


2 Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.
NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301-415-6825; email: Christian.Jacobs@nrc.gov.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
I. Introduction The NRC is reviewing an exemption request from Susquehanna, dated March 19, 2024, and supplemented on March 21, 2024. Susquehanna is requesting an exemption, pursuant to section 72.7 of title 10 of the Code of Federal Regulations (10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require Susquehanna to comply with the terms, conditions, and


I. Introduction
3 specifications of the CoC No. 1032, Amendment No. 5. If approved, the exemption would allow Susquehanna to load six new MPC-89-CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 5, are not met.
 
II. Environmental Assessment  
The NRC is reviewing an exemption request from Susquehanna, dated
 
March 19, 2024, and supplemented on March 21, 2024. Susquehanna is requesting an
 
exemption, pursuant to section 72.7 of title 10 of the Code of Federal Regulations
 
(10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and
 
72.214 that require Susquehanna to comply with the terms, conditions, and
 
2 specifications of the CoC No. 1032, Amendment No. 5. If approved, the exemption
 
would allow Susquehanna to load six new MPC-89-CBS in the HI-STORM FW MPC
 
Storage System at the SSES ISFSI in a storage condition where the terms, conditions,
 
and specifications in the CoC No. 1032, Amendment No. 5, are not met.
 
II. Environmental Assessment
 
===
Background===
SSES is located in Salem Township, Luzerne County, Pennsylvania, just west of
 
the Susquehanna River. The largest community within 10 miles (16 km) of the site is the
 
borough of Berwick, which is approximately 5 miles (8 km) southwest of SSES, in
 
Luzerne County, Pennsylvania. The nearest major metropolitan areas are Wilkes-Barre,
 
Pennsylvania, approximately 20 mi (32 km) to the northeast, and Allentown,
 
Pennsylvania, approximately 50 mi (80 km) to the southeast. Unit 1 began operating in
 
1981 and Unit 2 began operating in 1982. Susquehanna has been storing spent fuel in
 
an ISFSI at SSES under a general license as authorized by 10 CFR p art 72, subpart K,
 
General License for Storage of Spent Fuel at Power Reactor Sites. Susquehanna
 
currently uses the HI-STORM FW MPC Storage System under CoC No. 1032,
 
Amendment No. 5, for dry storage of spent nuclear fuel at the SSES ISFSI.
 
Description of the Proposed Action
 
The CoC is the NRC approved design for each dry cask storage system. The
 
proposed action would exempt the applicant from the requirements of
 
10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 only as
 
these requirements pertain to the use of the MPC CBS in the HI-STORM FW MPC
 
Storage System for the near-term planned loading of the canisters. The exemption
 
would allow SSES to load six new MPC-89-CBS in the HI-STORM FW MPC Storage
 
System at the SSES ISFSI, despite the MPC CBS in the HI-STORM FW MPC
 
3 Storage System not being in compliance with the terms, conditions, and specifications in
 
CoC No. 1032, Amendment No. 5.
 
The HI-STORM FW MPC Storage System CoC provides the requirements,
 
conditions, and operating limits necessary for use of the system to store spent fuel.
 
Holtec International (Holtec), the designer and manufacturer of the HI-STORM FW MPC
 
Storage System, developed a variant of the design with CBS for the MPC-89, known as
 
MPC CBS. Holtec originally implemented the CBS variant design under the
 
provisions of 10 CFR 72.48, which allows licensees to make changes to cask designs
 
without a CoC amendment under certain conditions (listed in 10 CFR 72.48(c)). After
 
evaluating the specific changes to the cask designs, the NRC determined that Holtec
 
erred when it implemented the CBS variant design under 10 CFR 72.48, as this was not
 
the type of change allowed without a CoC amendment. For this reason, the NRC issued
 
three Severity Level IV violations to Holtec. Susquehanna plans to load six new MPC-
 
89-CBS in the HI-STORM FW MPC Storage System beginning in August 2024. This
 
exemption considers the near-term planned loading of the six canisters with the CBS
 
variant basket design.
 
Need For The Proposed Action
 
Susquehanna requested this exemption to allow SSES to load six new MPC CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI for the future
 
loading campaign scheduled to begin in August 2024.
 
Approval of the exemption request would allow Susquehanna to effectively
 
manage the margin for full core reserve in the SSES spent fuel pool to enable refueling
 
and offloading fuel from the reactor. It would also allow Susquehanna to manage
 
logistical considerations, such as personnel and specific equipment resources, needed
 
to support refueling outages at SSES and across the industry.
 
4 Environmental Impacts of the Proposed Action
 
This EA evaluates the potential environmental impacts of granting an exemption
 
from the terms, conditions, and specifications in CoC No. 1032, Amendment No. 5. The
 
exemption would allow six new MPC CBS to be loaded in the HI-STORM FW MPC
 
Storage System in a near-term loading campaign beginning in August 2024 and
 
maintained in storage at the SSES ISFSI.
 
The potential environmental impacts of storing spent nuclear fuel in NRC-
 
approved storage systems have been documented in previous assessments. 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 impacts of using NRC-
 
approved storage casks. The EA for the HI -STORM FW MPC Storage System, CoC No.
 
1032, Amendment No. 5, (85 FR 28479), published in 2015, tiers off of the EA issued for
 
the July 18, 1990, final rule. Tiering off earlier EAs is a standard process encouraged
 
by the regulations implementing the National Environmental Policy Act of 1969 (NEPA)
 
that entails the use of impact analyses of previous EAs to bound the impacts of a
 
proposed action where appropriate. The Holtec HI-STORM FW MPC Storage System is
 
designed to mitigate the effects of design basis accidents that could occur during
 
storage. Considering the specific design requirements for the accident conditions, the
 
design of the cask would prevent loss of containment, shielding, and criticality control. If
 
there is no loss of containment, shielding, or criticality control, the environmental impacts
 
would not be significant.
 
The exemptions requested by Susquehanna at the SSES site as they relate to
 
CoC No. 1032, Amendment No. 5, for the HI-STORM FW MPC Storage System are
 
limited to the use of the CBS variant basket design only for the near-term planned
 
5 loading of six new canisters utilizing the CBS variant basket design. The staff has
 
determined that this change in the basket would not result in either radiological or non-
 
radiological environmental impacts that significantly differ from the environmental
 
impacts evaluated in the environmental assessment supporting the issuance of CoC No.
 
1032, Amendment No. 5. If the exemption is granted, there would be no significant
 
change in the types or amounts of any effluents released, no significant increase in
 
individual or cumulative public or occupational radiation exposure, and no significant
 
increase in the potential for or consequences from radiological accidents. Accordingly,
 
the Commission concludes that there would be no significant environmental impacts
 
associated with the proposed action.
 
Alternative to the Proposed Action
 
The staff considered the no-action alternative. The no -action alternative (denial of
 
the exemption request) would require Susquehanna to keep the spent fuel in the spent
 
fuel pool until older design canisters can be fabricated and delivered to site. Not allowing
 
the planned future loading campaign could affect Susquehannas ability to manage pool
 
capacity, reactor fuel offloading, and refueling. It could also impact Susquehannas
 
availability to manage personnel resources and coordinate refueling outages at SSES
 
and across the industry. The NRC has determined that these potential impacts of the no-


action alternative could be avoided by proceeding with the proposed exemption,
===Background===
SSES is located in Salem Township, Luzerne County, Pennsylvania, just west of the Susquehanna River. The largest community within 10 miles (16 km) of the site is the borough of Berwick, which is approximately 5 miles (8 km) southwest of SSES, in Luzerne County, Pennsylvania. The nearest major metropolitan areas are Wilkes-Barre, Pennsylvania, approximately 20 mi (32 km) to the northeast, and Allentown, Pennsylvania, approximately 50 mi (80 km) to the southeast. Unit 1 began operating in 1981 and Unit 2 began operating in 1982. Susquehanna has been storing spent fuel in an ISFSI at SSES under a general license as authorized by 10 CFR part 72, subpart K, General License for Storage of Spent Fuel at Power Reactor Sites. Susquehanna currently uses the HI-STORM FW MPC Storage System under CoC No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at the SSES ISFSI.
Description of the Proposed Action The CoC is the NRC approved design for each dry cask storage system. The proposed action would exempt the applicant from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 only as these requirements pertain to the use of the MPC-89-CBS in the HI-STORM FW MPC Storage System for the near-term planned loading of the canisters. The exemption would allow SSES to load six new MPC-89-CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI, despite the MPC-89-CBS in the HI-STORM FW MPC


especially given that the staff has concluded in NRCs Safety Determination
4 Storage System not being in compliance with the terms, conditions, and specifications in CoC No. 1032, Amendment No. 5.
The HI-STORM FW MPC Storage System CoC provides the requirements, conditions, and operating limits necessary for use of the system to store spent fuel.
Holtec International (Holtec), the designer and manufacturer of the HI-STORM FW MPC Storage System, developed a variant of the design with CBS for the MPC-89, known as MPC-89-CBS. Holtec originally implemented the CBS variant design under the provisions of 10 CFR 72.48, which allows licensees to make changes to cask designs without a CoC amendment under certain conditions (listed in 10 CFR 72.48(c)). After evaluating the specific changes to the cask designs, the NRC determined that Holtec erred when it implemented the CBS variant design under 10 CFR 72.48, as this was not the type of change allowed without a CoC amendment. For this reason, the NRC issued three Severity Level IV violations to Holtec. Susquehanna plans to load six new MPC-89-CBS in the HI-STORM FW MPC Storage System beginning in August 2024. This exemption considers the near-term planned loading of the six canisters with the CBS variant basket design.
Need For The Proposed Action Susquehanna requested this exemption to allow SSES to load six new MPC CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI for the future loading campaign scheduled to begin in August 2024.
Approval of the exemption request would allow Susquehanna to effectively manage the margin for full core reserve in the SSES spent fuel pool to enable refueling and offloading fuel from the reactor. It would also allow Susquehanna to manage logistical considerations, such as personnel and specific equipment resources, needed to support refueling outages at SSES and across the industry.


Memorandum, issued with respect to the enforcement action against Holtec regarding
5 Environmental Impacts of the Proposed Action This EA evaluates the potential environmental impacts of granting an exemption from the terms, conditions, and specifications in CoC No. 1032, Amendment No. 5. The exemption would allow six new MPC-89-CBS to be loaded in the HI-STORM FW MPC Storage System in a near-term loading campaign beginning in August 2024 and maintained in storage at the SSES ISFSI.
The potential environmental impacts of storing spent nuclear fuel in NRC-approved storage systems have been documented in previous assessments. 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 impacts of using NRC-approved storage casks. The EA for the HI-STORM FW MPC Storage System, CoC No.
1032, Amendment No. 5, (85 FR 28479), published in 2015, tiers off of the EA issued for the July 18, 1990, final rule. Tiering off earlier EAs is a standard process encouraged by the regulations implementing the National Environmental Policy Act of 1969 (NEPA) that entails the use of impact analyses of previous EAs to bound the impacts of a proposed action where appropriate. The Holtec HI-STORM FW MPC Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Considering the specific design requirements for the accident conditions, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would not be significant.
The exemptions requested by Susquehanna at the SSES site as they relate to CoC No. 1032, Amendment No. 5, for the HI-STORM FW MPC Storage System are limited to the use of the CBS variant basket design only for the near-term planned


these violations, that fuel can be stored safety in the MPC CBS.
6 loading of six new canisters utilizing the CBS variant basket design. The staff has determined that this change in the basket would not result in either radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the issuance of CoC No.
1032, Amendment No. 5. If the exemption is granted, there would be no significant change in the types or amounts of any effluents released, no significant increase in individual or cumulative public or occupational radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. Accordingly, the Commission concludes that there would be no significant environmental impacts associated with the proposed action.
Alternative to the Proposed Action The staff considered the no-action alternative. The no-action alternative (denial of the exemption request) would require Susquehanna to keep the spent fuel in the spent fuel pool until older design canisters can be fabricated and delivered to site. Not allowing the planned future loading campaign could affect Susquehannas ability to manage pool capacity, reactor fuel offloading, and refueling. It could also impact Susquehannas availability to manage personnel resources and coordinate refueling outages at SSES and across the industry. The NRC has determined that these potential impacts of the no-action alternative could be avoided by proceeding with the proposed exemption, especially given that the staff has concluded in NRCs Safety Determination Memorandum, issued with respect to the enforcement action against Holtec regarding these violations, that fuel can be stored safety in the MPC-89-CBS.
Agencies Consulted The NRC provided the Pennsylvania Department of Environmental Protection (PDEP) a copy of this draft EA for review by an email dated April 10, 2024. On April 12,


Agencies Consulted
7 2024, the PDEP provided its concurrence by email.
III. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements in 10 CFR part 51, which implement NEPA. Based upon the foregoing environmental assessment, the NRC finds that the proposed action of granting the exemption from the regulations in 10 CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11) and 72.214, which require the licensee to comply with the terms, conditions, and specifications of the CoC, would not significantly impact the quality of the human environment. The exemption in this case would be limited to specific future loading of six canisters with the CBS variant design beginning in August 2024. Accordingly, the NRC has determined that a FONSI is appropriate, and an environmental impact statement is not warranted.
IV. Availability of Documents The documents identified in the following table are available to interested persons through ADAMS, as indicated.
Document Description ADAMS Accession No. or Federal Register notice Susquehannas request for exemption, dated March 19, 2024.
ML24079A070 Supplement to request for exemption, dated March 21, 2024.
ML24081A335 Certificate of Compliance No. 1032, Amendment 5, dated June 25, 2020.
ML20163A701 (Package)
Holtec International, Inc. - Notice of Violation; The U.S. Nuclear Regulatory Commission Inspection Report No. 07201014/2022-201, EA-23-044, dated January 30, 2024.
ML24016A190 10 CFR part 72 amendment to allow spent fuel storage in NRC-approved casks, dated July 18, 1990.
55 FR 29181 EA for part 72 amendment to allow spent fuel storage in NRC-approved casks, dated March 8, 1989.
ML051230231 Final rule for List of Approved Spent Fuel Storage 85 FR 28479


The NRC provided the Pennsylvania Department of Environmental Protection
8 Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System CoC No.
 
(PDEP) a copy of this draft EA for review by an email dated April 10, 2024. On April 12,
 
6 2024, the PDEP provided its concurrence by email.
 
III. Finding of No Significant Impact
 
The environmental impacts of the proposed action have been reviewed in
 
accordance with the requirements in 10 CFR part 51, which implement NEPA. Based
 
upon the foregoing e nvironmental assessment, the NRC finds that the proposed action
 
of granting the exemption from the regulations in 10 CFR 72.212(a)(2), 72.212(b)(3),
 
72.212(b)(5)(i), 72.212(b)(11) and 72.214, which require the licensee to comply with the
 
terms, conditions, and specifications of the CoC, would not significantly impact the
 
quality of the human environment. The exemption in this case would be limited to
 
specific future loading of six canisters with the CBS variant design beginning in August
 
2024. Accordingly, the NRC has determined that a FONSI is appropriate, and an
 
environmental impact statement is not warranted.
 
IV. Availability of Documents
 
The documents identified in the following table are available to interested
 
persons through ADAMS, as indicated.
 
Document Description ADAMS Accession No. or Federal Register notice Susquehannas request for exemption, dated ML24079A070 March 19, 2024.
Supplement to request for exemption, dated ML24081A335 March 21, 2024.
Certificate of Compliance No. 1032, Amendment 5, ML20163A701 (Package) dated June 25, 2020.
Holtec International, Inc. - Notice of Violation; The U.S. Nuclear Regulatory Commission Inspection ML24016A190 Report No. 07201014/2022-201, EA-23- 044, dated January 30, 2024.
10 CFR part 72 amendment to allow spent fuel storage in NRC-approved casks, dated 55 FR 29181 July 18, 1990.
EA for part 72 amendment to allow spent fuel storage in NRC-approved casks, dated ML051230231 March 8, 1989.
Final rule for List of Approved Spent Fuel Storage 85 FR 28479
 
7 Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System CoC No.
1032, Amendment 5, dated May 13, 2020.
1032, Amendment 5, dated May 13, 2020.
Safety Determination of a Potential Structural Failure of the Fuel Basket During Accident Conditions for the HI-STORM 100 and HI-STORM ML24018A085 Flood/Wind Dry Cask Storage Systems, dated January 31, 2024.
Safety Determination of a Potential Structural Failure of the Fuel Basket During Accident Conditions for the HI-STORM 100 and HI-STORM Flood/Wind Dry Cask Storage Systems, dated January 31, 2024.
NRC email to PDEP requesting review of EA/FONSI for SSES Exemption, dated ML24106A066 April 10, 2024.
ML24018A085 NRC email to PDEP requesting review of EA/FONSI for SSES Exemption, dated April 10, 2024.
Email from PDEP regarding review of EA/FONSI ML24106A067 for SSES Exemption, dated April 12, 2024.
ML24106A066 Email from PDEP regarding review of EA/FONSI for SSES Exemption, dated April 12, 2024.
 
ML24106A067 Dated: April 16, 2024.
Dated: April 16, 2024.
For the Nuclear Regulatory Commission.  
 
/RA/
For the Nuclear Regulatory Commission.
Bernard H. White, Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.}}
 
/RA/
 
Bernard H. White, Acting Chief, Storage and Transportation Licensing Branch,
Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.
 
8}}

Latest revision as of 19:37, 24 November 2024

FRN - Notice of Availability of EA-FONSI for Susquehanna Exemption
ML24087A071
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 04/16/2024
From: Bernie White
Storage and Transportation Licensing Branch
To:
Susquehanna
Shared Package
ML24087A066 List:
References
NRC-2024-0068, 89 FR 29369
Download: ML24087A071 (1)
v • d • e


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-0028, 50-387, and 50-388; NRC-2024-0068]

Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Environmental Assessment and Finding of No Significant Impact AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for an exemption request submitted by Susquehanna Nuclear, LLC (Susquehanna) that would permit Susquehanna Steam Electric Station (SSES) to load six new 89 multi-purpose canisters (MPC) with continuous basket shims (CBS) in the HI-STORM Flood/Wind (FW)

MPC Storage System at its SSES Units 1 and 2 independent spent fuel storage installation (ISFSI) in a storage condition where the terms, conditions, and specifications in the Certificate of Compliance (CoC) No. 1032, Amendment No. 5, are not met.

DATES: The EA and FONSI referenced in this document are available on April 22, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0068 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:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0068. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

2 Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.

NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.

NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301-415-6825; email: Christian.Jacobs@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction The NRC is reviewing an exemption request from Susquehanna, dated March 19, 2024, and supplemented on March 21, 2024. Susquehanna is requesting an exemption, pursuant to section 72.7 of title 10 of the Code of Federal Regulations (10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require Susquehanna to comply with the terms, conditions, and

3 specifications of the CoC No. 1032, Amendment No. 5. If approved, the exemption would allow Susquehanna to load six new MPC-89-CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 5, are not met.

II. Environmental Assessment

Background

SSES is located in Salem Township, Luzerne County, Pennsylvania, just west of the Susquehanna River. The largest community within 10 miles (16 km) of the site is the borough of Berwick, which is approximately 5 miles (8 km) southwest of SSES, in Luzerne County, Pennsylvania. The nearest major metropolitan areas are Wilkes-Barre, Pennsylvania, approximately 20 mi (32 km) to the northeast, and Allentown, Pennsylvania, approximately 50 mi (80 km) to the southeast. Unit 1 began operating in 1981 and Unit 2 began operating in 1982. Susquehanna has been storing spent fuel in an ISFSI at SSES under a general license as authorized by 10 CFR part 72, subpart K, General License for Storage of Spent Fuel at Power Reactor Sites. Susquehanna currently uses the HI-STORM FW MPC Storage System under CoC No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at the SSES ISFSI.

Description of the Proposed Action The CoC is the NRC approved design for each dry cask storage system. The proposed action would exempt the applicant from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 only as these requirements pertain to the use of the MPC-89-CBS in the HI-STORM FW MPC Storage System for the near-term planned loading of the canisters. The exemption would allow SSES to load six new MPC-89-CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI, despite the MPC-89-CBS in the HI-STORM FW MPC

4 Storage System not being in compliance with the terms, conditions, and specifications in CoC No. 1032, Amendment No. 5.

The HI-STORM FW MPC Storage System CoC provides the requirements, conditions, and operating limits necessary for use of the system to store spent fuel.

Holtec International (Holtec), the designer and manufacturer of the HI-STORM FW MPC Storage System, developed a variant of the design with CBS for the MPC-89, known as MPC-89-CBS. Holtec originally implemented the CBS variant design under the provisions of 10 CFR 72.48, which allows licensees to make changes to cask designs without a CoC amendment under certain conditions (listed in 10 CFR 72.48(c)). After evaluating the specific changes to the cask designs, the NRC determined that Holtec erred when it implemented the CBS variant design under 10 CFR 72.48, as this was not the type of change allowed without a CoC amendment. For this reason, the NRC issued three Severity Level IV violations to Holtec. Susquehanna plans to load six new MPC-89-CBS in the HI-STORM FW MPC Storage System beginning in August 2024. This exemption considers the near-term planned loading of the six canisters with the CBS variant basket design.

Need For The Proposed Action Susquehanna requested this exemption to allow SSES to load six new MPC CBS in the HI-STORM FW MPC Storage System at the SSES ISFSI for the future loading campaign scheduled to begin in August 2024.

Approval of the exemption request would allow Susquehanna to effectively manage the margin for full core reserve in the SSES spent fuel pool to enable refueling and offloading fuel from the reactor. It would also allow Susquehanna to manage logistical considerations, such as personnel and specific equipment resources, needed to support refueling outages at SSES and across the industry.

5 Environmental Impacts of the Proposed Action This EA evaluates the potential environmental impacts of granting an exemption from the terms, conditions, and specifications in CoC No. 1032, Amendment No. 5. The exemption would allow six new MPC-89-CBS to be loaded in the HI-STORM FW MPC Storage System in a near-term loading campaign beginning in August 2024 and maintained in storage at the SSES ISFSI.

The potential environmental impacts of storing spent nuclear fuel in NRC-approved storage systems have been documented in previous assessments. 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 impacts of using NRC-approved storage casks. The EA for the HI-STORM FW MPC Storage System, CoC No.

1032, Amendment No. 5, (85 FR 28479), published in 2015, tiers off of the EA issued for the July 18, 1990, final rule. Tiering off earlier EAs is a standard process encouraged by the regulations implementing the National Environmental Policy Act of 1969 (NEPA) that entails the use of impact analyses of previous EAs to bound the impacts of a proposed action where appropriate. The Holtec HI-STORM FW MPC Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Considering the specific design requirements for the accident conditions, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would not be significant.

The exemptions requested by Susquehanna at the SSES site as they relate to CoC No. 1032, Amendment No. 5, for the HI-STORM FW MPC Storage System are limited to the use of the CBS variant basket design only for the near-term planned

6 loading of six new canisters utilizing the CBS variant basket design. The staff has determined that this change in the basket would not result in either radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the issuance of CoC No.

1032, Amendment No. 5. If the exemption is granted, there would be no significant change in the types or amounts of any effluents released, no significant increase in individual or cumulative public or occupational radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. Accordingly, the Commission concludes that there would be no significant environmental impacts associated with the proposed action.

Alternative to the Proposed Action The staff considered the no-action alternative. The no-action alternative (denial of the exemption request) would require Susquehanna to keep the spent fuel in the spent fuel pool until older design canisters can be fabricated and delivered to site. Not allowing the planned future loading campaign could affect Susquehannas ability to manage pool capacity, reactor fuel offloading, and refueling. It could also impact Susquehannas availability to manage personnel resources and coordinate refueling outages at SSES and across the industry. The NRC has determined that these potential impacts of the no-action alternative could be avoided by proceeding with the proposed exemption, especially given that the staff has concluded in NRCs Safety Determination Memorandum, issued with respect to the enforcement action against Holtec regarding these violations, that fuel can be stored safety in the MPC-89-CBS.

Agencies Consulted The NRC provided the Pennsylvania Department of Environmental Protection (PDEP) a copy of this draft EA for review by an email dated April 10, 2024. On April 12,

7 2024, the PDEP provided its concurrence by email.

III. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements in 10 CFR part 51, which implement NEPA. Based upon the foregoing environmental assessment, the NRC finds that the proposed action of granting the exemption from the regulations in 10 CFR 72.212(a)(2), 72.212(b)(3),

72.212(b)(5)(i), 72.212(b)(11) and 72.214, which require the licensee to comply with the terms, conditions, and specifications of the CoC, would not significantly impact the quality of the human environment. The exemption in this case would be limited to specific future loading of six canisters with the CBS variant design beginning in August 2024. Accordingly, the NRC has determined that a FONSI is appropriate, and an environmental impact statement is not warranted.

IV. Availability of Documents The documents identified in the following table are available to interested persons through ADAMS, as indicated.

Document Description ADAMS Accession No. or Federal Register notice Susquehannas request for exemption, dated March 19, 2024.

ML24079A070 Supplement to request for exemption, dated March 21, 2024.

ML24081A335 Certificate of Compliance No. 1032, Amendment 5, dated June 25, 2020.

ML20163A701 (Package)

Holtec International, Inc. - Notice of Violation; The U.S. Nuclear Regulatory Commission Inspection Report No. 07201014/2022-201, EA-23-044, dated January 30, 2024.

ML24016A190 10 CFR part 72 amendment to allow spent fuel storage in NRC-approved casks, dated July 18, 1990.

55 FR 29181 EA for part 72 amendment to allow spent fuel storage in NRC-approved casks, dated March 8, 1989.

ML051230231 Final rule for List of Approved Spent Fuel Storage 85 FR 28479

8 Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System CoC No.

1032, Amendment 5, dated May 13, 2020.

Safety Determination of a Potential Structural Failure of the Fuel Basket During Accident Conditions for the HI-STORM 100 and HI-STORM Flood/Wind Dry Cask Storage Systems, dated January 31, 2024.

ML24018A085 NRC email to PDEP requesting review of EA/FONSI for SSES Exemption, dated April 10, 2024.

ML24106A066 Email from PDEP regarding review of EA/FONSI for SSES Exemption, dated April 12, 2024.

ML24106A067 Dated: April 16, 2024.

For the Nuclear Regulatory Commission.

/RA/

Bernard H. White, Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.

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