ML24087A070
| ML24087A070 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 04/25/2024 |
| From: | Yoira Diaz-Sanabria Storage and Transportation Licensing Branch |
| To: | Susquehanna |
| Shared Package | |
| ML24087A066 | List: |
| References | |
| 89 FR 34284, NRC-2024-0068 | |
| Download: ML24087A070 (1) | |
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;
Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) issued an exemption to
Susquehanna Nuclear, LLC, permitting Susquehanna Steam Electric Station to load six
new 89 multi-purpose canisters (MPC) with continuous basket shim s in the HI-STORM
Flood/Wind MPC Storage System at its Susquehanna Steam Electric Station, Units 1
and 2 independent spent fuel storage installation in a storage condition where the terms,
conditions, and specifications in the Certificate of Compliance No. 1032, Amendment
No. 5, are not met.
DATES: The exemption was issued 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. The ADAMS accession number
for each document referenced (if it is available in ADAMS) is provided the first time that it
is mentioned in this document.
- 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: C hristian.Jacobs @nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 25, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria, Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.
2 Attachment - Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 72- 0028, 50- 387, and 50-388
Susquehanna Nuclear, LLC
Susquehanna Steam Electric Station Units 1 and 2
Independent Spent Fuel Storage Installation;
I. Background
Susquehanna Nuclear, LLC (Susquehanna) is the holder of Renewed Facility
Operating License Nos. NPF-14 and NPF-22, which authorize operation of the
Susquehanna Steam Electric Station (SSES), Units 1 and 2 in Salem Township, Luzerne
County, PA (70 miles northeast of Harrisburg, PA), pursuant to Part 50 of Title 10 of the
Code of Federal Regulations (10 CFR), Domestic Licensing of Production and
Utilization Facilities. The licenses provide, among other things, that the facility is subject
to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC)
now or hereafter in effect.
Consistent with 10 CFR part 72, subpart K, General License for Storage of
Spent Fuel at Power Reactor Sites, a general license is issued for the storage of spent
fuel in an Independent Spent Fuel Storage Installation (ISFSI) at power reactor sites to
persons authorized to possess or operate nuclear power reactors under 10 CFR part 50.
Susquehanna is authorized to operate nuclear power reactors under 10 CFR part 50 and
holds a 10 CFR part 72 general license for storage of spent fuel at the SSES ISFSI.
Under the terms of the general license, Susquehanna stores spent fuel at its SSES
ISFSI using the HI-STORM Flood/Wind (FW) Multi-Purpose Canister (MPC) Storage
System in accordance with Certificate of Compliance (CoC) No. 1032, Amendment No.
5.
3 II. Request/Action
By a letter dated March 19, 2024 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML24079A070) and supplemented on
March 21, 2024 (ML24081A335), Susquehanna requested an exemption 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 that requires SSES to comply with the terms, conditions, and specifications
of the CoC No. 1032, Amendment No. 5 ( ML20163A701). If approved, Susquehannas
exemption request would accordingly allow SSES to load MPCs with continuous basket
shims (CBS) (i.e., MPC CBS), an unapproved variant basket design, in the HI-
STORM FW MPC Storage System, and thus, to load the systems in a storage condition
where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 5,
are not met.
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. Holtec International (Holtec), the designer and manufacturer of the HI-STORM
FW MPC Storage System, developed a variant of the MPC -89 design with CBS, known
as MPC-89-CBS. Holtec performed a non-mechanistic tip-over analysis with favorable
results and implemented the CBS variant design under the provisions of 10 CFR 72.48,
Changes, tests, and experiment s, 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 is
not the type of change allowed without a CoC amendment. For this reason, the NRC
issued three Severity Level IV violations to Holtec (ML24016A190).
4 Susquehannas near-term loading campaign for the SSES ISFSI includes plans
to load six MPC CBS in the HI-STORM FW MPC Storage System beginning in
August 2024. While Holtec was required to submit a CoC amendment to the NRC to
seek approval of the CBS variant design, such a process will not be completed in time to
inform decisions for this near-term loading campaign. Therefore, Susquehanna
submitted this exemption request to allow for future loading of six MPC CBS
beginning in August 2024 at the SSES ISFSI. This exemption is limited to the use of
MPC CBS in the HI-STORM FW MPC Storage System only for the specific near-term
planned loading of six new canisters using the MPC CBS variant basket design.
III. Discussion
Pursuant to 10 CFR 72.7, Specific exemptions, the Commission may, upon
application by any interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations of 10 CFR part 72 as it determines are
authorized by law and will not endanger life or property or the common defense and
security and are otherwise in the public interest.
A. The Exemption is Authorized by Law
This exemption would allow Susquehanna to load six new MPC-89-CBS in the
HI-STORM FW MPC Storage System, beginning in August 2024, at its SSES ISFSI in a
storage condition where the terms, conditions, and specifications in the CoC No. 1032,
Amendment No. 5, are not met. Susquehanna is requesting an exemption from the
provisions in 10 CFR part 72 that require the licensee to comply with the terms,
conditions, and specifications of the CoC for the approved cask model it uses. Section
72.7 allows the NRC to grant exemptions from the requirements of 10 CFR part 72. This
authority to grant exemptions is consistent with the Atomic Energy Act of 1954, as
amended, and is not otherwise inconsistent with NRCs regulations or other applicable
5 laws. Additionally, no other law prohibits the activities that would be authorized by the
exemption. Therefore, the NRC concludes that there is no statutory prohibition on the
issuance of the requested exemption, and the NRC is authorized to grant the exemption
by law.
B. The Exemption Will Not Endanger Life or Property or the Common Defense
and Security
This exemption would allow Susquehanna to load six new MPC-89-CBS in the
HI-STORM FW MPC Storage System, beginning in August 2024, 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. In support of its exemption request, Susquehanna
asserts that issuance of the exemption would not endanger life or property because a
tip-over or handling event is administratively controlled, and that the containment
boundary would be maintained in such an event. Susquehanna relies, in part, on the
approach in the NRCs Safety Determination Memorandum (ML24018A085). The NRC
issued this Safety Determination Memorandum to address whether, with respect to the
enforcement action against Holtec regarding this violation, there was any need to take
an immediate action for the cask systems that were already loaded with non-compliant
basket designs. The Safety Determination Memorandum documents a risk-informed
approach concluding that, during the design basis event of a non-mechanistic tip-over,
the fuel in the basket in the MPC-89-CBS remains in a subcritical condition.
Susquehanna also provided site-specific technical information, as supplemented,
including information explaining why the use of the approach in the NRCs Safety
Determination Memorandum is appropriate for determining the safe use of the CBS
variant baskets at the SSES ISFSI. Specifically, Susquehanna described that the
analysis of the tip-over design basis event that is relied upon in the NRCs Safety
6 Determination Memorandum, which demonstrates that the MPC confinement barrier is
maintained, is documented in the updated final safety analysis report (UFSAR) for the
HI-STORM FW MPC Storage System CoC No. 1032, Amendment 5, that is used at the
SSES site. In addition, the handling procedures utilized by Susquehanna comply with
the requirements of Appendix A of CoC No. 1032, Amendment No. 5, including a single
failure proof lifting system and redundant drop protection features in accordance with
applicable codes and standards.
Additionally, Susquehanna referenced specific information from SSESs 72.212
Evaluation Report, Revision 0, that demonstrated the combined dose produced by the
storage systems on the SSES ISFSI will not result in annual doses at the ISFSI
controlled area boundary in excess of the limits specified in 10 CFR 72.104(a), Criteria
for radioactive materials in effluents and direct radiation from an ISFSI or MRS, during
normal and anticipated operational occurrences, or in excess of the limits specified in
72.106, Controlled area of an ISFSI or MRS, during design bases accidents.
Specifically, Susquehanna described that, in the highly unlikely event of a tip-over, any
potential fuel damage from a non-mechanistic tip-over event would be localized, the
confinement barrier would be maintained, and the shielding material would remain intact.
Susquehanna concluded that there is no adverse effect on the shielding or confinement
functions since there is no effect on occupational or public exposures as a result of this
accident condition.
The NRC staff reviewed the information provided by Susquehanna and
concludes that issuance of the exemption would not endanger life or property because
the administrative controls Susquehanna has in place at the SSES ISFSI sufficiently
minimize the possibility of a tip-over or handling event, and that the containment
boundary would be maintained in such an event. The staff confirmed that these
7 administrative controls comply with the technical specifications and UFSAR for the HI-
STORM FW MPC Storage System CoC No. 1032, Amendment No. 5, that is used at the
SSES site. In addition, the staff confirmed that the information provided by Susquehanna
regarding SSESs 72.212 Evaluation Report, Revision 0, demonstrates that the
consequences of normal and accident conditions would be within the regulatory limits of
the 10 CFR 72.104 and 10 CFR 72.106. The staff also determined that the requested
exemption is not related to any aspect of the physical security or defense of the SSES
ISFSI; therefore, granting the exemption would not result in any potential impacts to
common defense and security.
For these reasons, the NRC staff determined that under the requested
exemption, the storage system will continue to meet the safety requirements of 10 CFR
part 72 and the offsite dose limits of 10 CFR part 20 and, therefore, will not endanger life
or property or the common defense and security.
C. The Exemption is Otherwise in the Public Interest
The proposed exemption would allow Susquehanna to load six new MPC CBS in
the HI-STORM FW MPC Storage System beginning in August 2024, at the SSES ISFSI,
even though the CBS variant basket design is not part of the approved CoC No. 1032,
Amendment No. 5. According to Susquehanna, the exemption is in the public interest
because not being able to load fuel into dry storage in the future loading campaign would
adversely impact Susquehannas ability to maintain full core offload capability,
consequently increasing risk and challenges to continued safe reactor operation.
Susquehanna stated that to delay the future loading would impact the ability to
maintain a healthy margin in the spent fuel pools in support of a full core discharge for
one reactor unit with a goal of providing a full core discharge for both reactor units.
Susquehanna also stated that the inability to utilize the MPC-89 canister containing the
8 CBS basket in the 2024 Spent Fuel Storage campaign significantly impacts the ability to
effectively manage margin for full core discharge capability, because margin reduction
results in increased inventory in the spent fuel pool that would likely require additional
fuel moves and an increased reactivity management risk due to increased fuel handling
operations. Additionally, Susquehanna notes that there are logistical concerns that the
availability of the specialized equipment and personnel resources, which are secured
years in advance of scheduled campaigns, would have a cascading impact on all other
scheduled activities that utilize these specialized resources. Any delay would lead to a
reduction in the margin to capacity in the spent fuel pool. Once the spent fuel pool
capacity is reached, the ability to refuel the operating reactor is limited, thus affecting
continued reactor operations.
For the reasons described by Susquehanna in the exemption request, the NRC
agrees that it is in the public interest to grant the exemption. If the exemption is not
granted, to comply with the CoC, SSES would have to keep spent fuel in the spent fuel
pool if it is not permitted to be loaded into casks in a future loading, thus impacting
Susquehannas ability to effectively manage the margin for full core discharge capacity.
As explained by Susquehanna, increased inventory of fuel in the spent fuel pool could
result in the need for additional fuel moves and, therefore, an increase in worker doses
and the potential for fuel handling accidents that accompany increased fuel handling
operations. Moreover, should spent fuel pool capacity be reached, the ability to refuel an
operating reactor unit is challenged, thus potentially impacting continued reactor
operations.
Therefore, the staff concludes that approving the exemption is in the public
interest.
Environmental Consideration
9 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 would not result in any changes in the types or amounts of any
radiological or non-radiological effluents that may be released offsite, and there would be
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 April 22, 2024 (89 FR 29369).
IV.Conclusion
Based on these considerations, the NRC has determined that, pursuant to
10 CFR 72.7, 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. Therefore, the
NRC grants Susquehanna an exemption from the requirements of §§ 72.212(a)(2),
72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 with respect to the future
loading in the HI-STORM FW MPC Storage System of six new MPC-89-CBS beginning
in August 2024.
This exemption is effective upon issuance.
Dated: April 22, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria, Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.
10