ML13158A141

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Ltr Duke Energy, Exemption from Parts of 10 CFR 72.212 and 72.214 - Storage of Standardized Nuhoms Dry Shielded Canisters at Oconee Nuclear Station Independent Spent Fuel Storage Installation, TAC L24682, Docket Nos 72-1004, 72-40, 50-269,
ML13158A141
Person / Time
Site: Oconee, 07200040, 07201004  Duke Energy icon.png
Issue date: 07/12/2013
From: Hsia A
NRC/NMSS/SFST
To: Gillespie T
Duke Energy Corp
Davis B
Shared Package
ML13158A126 List:
References
TAC L24682
Download: ML13158A141 (4)


Text

July 12, 2013 Mr. T. P. Gillespie, Jr.

Vice President, Oconee Nuclear Station Duke Energy ONO1VP / 7800 Rochester Hwy Seneca, SC 29672

SUBJECT:

EXEMPTION FROM PARTS OF 10 CFR 72.212 AND 72.214 - STORAGE OF STANDARDIZED NUHOMS DRY SHIELDED CANISTERS AT OCONEE NUCLEAR STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO. L24682)

Dear Mr. Gillespie:

This is in response to your letter dated August 13, 2012, requesting an exemption from 10 Code of Federal Regulations (CFR) 72.212(a)(2), 72.212(b)(5), 72.212(b)(11), and 72.214 pursuant to 10 CFR 72.7 for the Oconee Nuclear Station ISFSI. These regulations specifically require storage in casks approved under the provisions of 10 CFR Part 72, and compliance with the conditions set forth in the Certificate of Compliance (CoC) for each dry spent fuel storage cask used by an independent spent fuel storage installation (ISFSI) general licensee. As described in the attached exemption, the U.S. Nuclear Regulatory Commission (NRC) has identified and analyzed an additional requirement for which an exemption would be required for the proposed action, under 10 CFR 72.212(b)(3). In addition, the NRC has determined that an exemption from all of 10 CFR 72.212(b)(5) is not necessary for the proposed action, and thus considered the applicants request for an exemption from certain requirements of 72.212(b)(5) to request only an exemption from the requirements of 10 CFR 72.212(b)(5)(i). The NRC has included these exemptions in the applicants exemption request under its authority in 10 CFR 72.7.

The Transnuclear, Inc. (TN) Standardized NUHOMS system CoC No. 1004 specifies requirements, conditions, and operating limits in Attachment A, Technical Specifications (TS).

Duke has been loading spent fuel in TN Standardized NUHOMS System 24PHB dry storage canisters (DSCs) for storage in the ISFSI at Oconee Nuclear Station under CoC No. 1004, Amendment No. 9, as authorized by the general license provisions of 10 CFR Part 72. Duke is seeking an exemption to the CoC conditions that require the general licensee to meet the requirements of the TS for the NUHOMS system. Specifically, Duke is requesting an exemption from the requirement that specifies that the fuel is zircaloy clad. Zircaloy is a type of zirconium alloy which includes both Zircaloy-2 and Zircaloy-4 fuel cladding. Zircaloy does not include M5 cladding. M5 is a different type of zirconium alloy which does not contain any tin, as Zircaloy does, but which does contain some niobium. Therefore, the current TS preclude the storage of Babcock and Wilcox (B&W) Mark B11 and Mark B11A fuel assemblies which have M5 zirconium alloy cladding absent an exemption.

For this action, an Environmental Assessment and Finding of No Significant Impact has been prepared and published in the Federal Register (78 FR 40200, dated July 3, 2013). A copy of the Federal Register Notice was provided to you by letter dated June 10, 2013.

T. Gillespie The NRC staff reviewed Dukes exemption request, and details of the review are included in the enclosed exemption, which will be published in the Federal Register. Based on the staffs review of your exemption request, 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 Duke an exemption from the requirements in 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.214, and the portion of 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, so that Duke may load M5 clad spent fuel assemblies in 24PHB DSCs at Oconee Nuclear Station. This exemption approval is only valid for loading B&W 15x15 Mark B11 and Mark B11A spent fuel assemblies at the Oconee Nuclear Station ISFSI. This exemption is effective upon issuance.

If you have any questions, please contact me at (301) 287-0673, or Jennifer Davis of my staff, at (301) 287-9173. Any future correspondence related to this action should reference Docket Nos. 72-1004, 72-40, 50-269, 50-270 and 50-287 and TAC No. L24682.

Sincerely,

/RA/

Anthony H. Hsia, Deputy Director Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket No. 72-1004, 72-40, 50-269, 50-270 and 50-287 TAC No. L24682

Enclosure:

Exemption cc w/encl: See attached list

T. Gillespie The NRC staff reviewed Dukes exemption request, and details of the review are included in the enclosed exemption, which will be published in the Federal Register. Based on the staffs review of your exemption request, 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 Duke an exemption from the requirements in 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.214, and the portion of 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, so that Duke may load M5 clad spent fuel assemblies in 24PHB DSCs at Oconee Nuclear Station. This exemption approval is only valid for loading B&W 15x15 Mark B11 and Mark B11A spent fuel assemblies at the Oconee Nuclear Station ISFSI. This exemption is effective upon issuance.

If you have any questions, please contact me at (301) 492-3305, or Jennifer Davis of my staff, at (301) 287-9173. Any future correspondence related to this action should reference Docket Nos. 72-1004, 72-40, 50-269, 50-270 and 50-287 and TAC No. L24682.

Sincerely,

/RA/

Anthony H. Hsia, Deputy Director Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket No. 72-1004, 72-40, 50-269, 50-270 and 50-287 TAC No. L24682

Enclosure:

Exemption cc w/encl: See attached list Distribution:

SFST r/f MLombard THsia DMarcano RMcCullum/NEI RCarrion/RII VMcCree/RII ECrow/RII CFletcher/RII JBoska/NRR Note: This letter closes out TAC No. L24682.

G:\SFST\Davis\Duke Exemption Request\Exemption Letter to Duke.doc G:\SFST\Davis\Duke Exemption Request\Oconee SER.docx ADAMS P8 No.: ML13158A126 OFC: SFST SFST SFST SFST SFST NAME: JDavis BTripathi MGordon JPiotter for DPstrak WWheatley (via email) (via email)

DATE: 4/ 17 /13 4/ 22 /13 4/ 17 /13 4/ 21 /13 4/ 21 /13 OFC: SFST SFST SFST NAME: AGendelman MSampson THsia (via email) (via email)

DATE: 5 / 31 /13 6 / 5 /13 7 / 12 /13 OFFICIAL RECORD COPY

LETTER FOR OCONEE EXEMPTION Mr. Donis Shaw Transnuclear, Inc.

7135 Minstrel Way Columbia, MD 21045 Stephen Newman Oconee Nuclear Station Duke Energy 7800 Rochester Hwy Seneca, SC 29672