ML12102A057

Notice of a Decision to Comply with the Requirement of 10 CFR 50.68(c) Criticality Accident Requirements Instead of an Exemption

ML12102A057
Person / Time
Site:	Millstone
Issue date:	04/10/2012
From:	Price J Dominion, Dominion Nuclear Connecticut
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
12-239
Download: ML12102A057 (2)

Text

Dominion Nuclear Connecticut, Inc.

5000 Dominion Boulevard, Glen Allen, VA 23060 Web Address: www.dom.com April 10, 2012 U.S. Nuclear Regulatory Commission Serial No.12-239 Attention: Document Control Desk NSSL/MAE RO Washington, DC 20555 Docket No. 50-336 License No. DPR-65 DOMINION NUCLEAR CONNECTICUT, INC.

MILLSTONE POWER STATION UNIT 2 NOTICE OF A DECISION TO COMPLY WITH THE REQUIREMENT OF 10 CFR 50.Gale) "CRITICALITY ACCIDENT REQUIREMENTS" INSTEAD OF AN EXEMPTION By letter dated November 5, 2004, as supplemented by letters dated January 6 and January 25, 2005, Dominion Nuclear Connecticut, Inc. (DNC) submitted a request for an exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.68(b)(1) for loading, unloading, and handling of the components of the Transnuclear (TN) NUHOMS-32PT dry cask storage system at Millstone Power Station Unit 2 (MPS2). In a letter dated February 15, 2005, the Nuclear Regulatory Commission (NRC) granted the exemption subject to a set of limitations and/or conditions.

On November 16, 2006 (Federal RegisterNolume 71, No. 221, Page 66652, November 16,2006) 10 CFR 50.68 was amended to include section (c), which states:

"10 CFR 50.68(c) While a spent fuel transportation package approved under Part 71 of this chapter or spent fuel storage cask approved under Part 72 of this chapter is in the spent fuel pool: (1) The requirements in § 50.68(b) do not apply to the fuel located within that package or cask; and (2) The requirements in Part 71 or 72 of this chapter, as applicable, and the requirements of the Certificate of Compliance for that package or cask, apply to the fuel within that package or cask."

In accordance with 10 CFR 50.68(c), the fuel in the cask does not have to meet section 50.68(b), but must meet the requirements of Part 71 or 72 and the Certificate of Compliance of that cask.

Additionally, in the same federal register notice (Federal RegisterNolume 71, No. 221, Page 66652, November 16,2006) the NRC stated that:

"For licensees with an approved exemption, no action is required by the licensee. The exemption permitted licensees to be exempt from the criticality accident requirements of 10 CFR 50.68 for fuel being loaded into a licensed dry storage cask. These licensees can continue operating under their approved exemption. However, a licensee may instead choose to comply with the amended rule. Operating under the exemption or the amended rule have effectively the same criticality accident requirements for fuel within a

Serial No.12-239 Docket No. 50-336 Page 2of2 package or cask in a spent fuel pool, namely only those of 10 CFR Part 71 or Part 72, as applicable."

Consistent with the statements in the federal register notice (Federal RegisterNolume 71, No. 221, Page 66652, November 16, 2006), ONC has decided to comply with the amended rule instead of the exemption granted on February 15, 2005.

There are no regulatory commitments in this letter.

If you have any questions regarding this sUbmittal, please contact Mr. William D.

Bartron at (860) 444-4301.

Sincerely, rice resident - Nuclear Engineering Attachments:

None cc: U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, PA 19406-1415 J. S. Kim, Project Manager U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 0-8 C2A Rockville, MD 20852-2738 NRC Senior Resident Inspector Millstone Power Station