ML20192A329
| ML20192A329 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, McGuire, 07201031  |
| Issue date: | 07/10/2020 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | Duke Energy Carolinas |
| YJChen NMSS/DFM/STL 415.1018 | |
| Shared Package | |
| ML20192A327 | List: |
| References | |
| CAC 001028, EPID L-2019-LLE-0024 | |
| Download: ML20192A329 (6) | |
Text
1 NUCLEAR REGULATORY COMMISSION DOCKET NOS. 72-1031, 50-369, and 50-370 July 10, 2020 ENVIRONMENTAL ASSESSMENT FOR THE EXEMPTION REQUEST FOR DUKE ENERGY CAROLINAS, LLC MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 INDEPENDENT SPENT FUEL STORAGE INSTALLATION IN HUNTERSVILLE, NORTH CAROLINA
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INTRODUCTION By a letter dated September 12, 2019 (Duke, 2019), and supplemented on February 3, 2020 (Duke, 2020a) and June 15, 2020 (Duke, 2020b), Duke Energy Carolinas, LLC (Duke Energy) submitted a request to the U.S. Nuclear Regulatory Commission (NRC) for an exemption, in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 72.7, from the requirements of 10 CFR 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11) for NAC MAGNASTOR Cask 0FCTKN045 due to a non-compliance with the terms, conditions, and specifications of the Certificate of Compliance (CoC) No. 1031, Amendment No. 7, at the time of cask loading.
The NRC staff performs both a safety evaluation and an environmental review to determine whether to grant this exemption request. The environmental review is documented in this Environmental Assessment (EA), which the NRC staff prepared in accordance with 10 CFR 51.21 and 51.30(a). The safety evaluation is documented in the final decision.
1.1 Background
On June 4, 2018, then-recently loaded MAGNASTOR Cask 0FCTKN045 was transported to the McGuire Nuclear Station Independent Spent Fuel Storage Installation (ISFSI) storage pad area. Subsequently, Duke Energy, holder of the general license for the McGuire Nuclear Station ISFSI, noticed that during the helium backfill process, the two helium mass flow meters for MAGNASTOR Cask 0FCTKN045 measured significantly different volumes. Further review revealed the cask helium density within MAGNASTOR Cask 0FCTKN045 exceeded the helium density range specified in CoC No. 1031, Amendment No. 7, Technical Specification (TS) 3.1.1, Table A3-1, prior to transport operations. In addition, the TS 3.1.1 corresponding Required Actions and Completion Times were not performed prior to transport operations, as specified.
Duke Energy conducted an investigation in accordance with the TS Required Action B.1 and completed an analysis as part of the corrective actions per TS Required Action B.2. Duke Energy concluded, for all MAGNASTOR modes of operation, that Cask 0FCTKN045 is in a safe configuration for continued operation. Moreover, the analysis concluded that the final helium density for MAGNASTOR Cask 0FCTKN045 is no greater than 1.082 grams/liter. Since this is outside the allowed range of 0.694 - 0.802 grams/liter specified in TS LCO 3.1.1, Table A3-1, it constitutes a nonconformance with the terms, conditions, and specifications of MAGNASTOR CoC No. 1031, Amendment No. 7.
The NRC staff reviewed the requested exemption and determined that, if granted, it would not change the fundamental design, components, or safety features of the MAGNASTOR System.
The NRC staff evaluated the potential safety impacts of granting the exemption and assessed
2 the potential for any danger to life or property or the common defense and security. Specifically, the NRC staff reviewed the structural, thermal, and confinement evaluations for the proposed action and finds that the higher helium density would not adversely affect the thermal performance, structural integrity, and confinement function of the MAGNASTOR Cask 0FCTKN045, loaded under CoC No. 1031, Amendment No. 7. The staff will document the safety evaluation separately along with its final decision on whether to approve this exemption.
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THE PROPOSED ACTION The proposed action is for the NRC to grant Duke Energy an exemption from the requirements of 10 CFR 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11), which state the general licensee shall comply with the terms, conditions, and specifications of the CoC.
The MAGNASTOR Cask 0FCTKN045, registered under CoC No. 1031, Amendment No. 7, did not meet the TS prior to transport to the McGuire Nuclear Station ISFSI storage pad area.
Specifically, the helium backfill data showed that the cask helium density within MAGNASTOR Cask 0FCTKN045 exceeds the helium density range specified in MAGNASTOR System, CoC No. 1031, Amendment No. 7, TS 3.1.1, Table A3-1, prior to transport operations. In addition, the corresponding Required Actions and Completion Times of TS 3.1.1 were not performed.
Duke Energy requested to maintain MAGNASTOR Cask 0FCTKN045 at McGuire Nuclear Station ISFSI in the storage condition without restoring compliance with the helium density range specified in CoC No. 1031, Amendment No. 7, TS 3.1.1.
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NEED FOR THE PROPOSED ACTION The proposed action is limited to allowing MAGNASTOR Cask 0FCTKN045 to be maintained at McGuire Nuclear Station ISFSI in the storage condition without restoring compliance with the helium density range specified in CoC No. 1031, Amendment No. 7, TS 3.1.1.
If the exemption is not granted, the applicant would need to unload MAGNASTOR Cask 0FCTKN045 to restore compliance with the TS helium density range. However, this would subject onsite personnel to additional radiation exposure, generate additional contaminated waste, increase the risk of a possible fuel handling accident, and increase the risk of a possible heavy load handling accident.
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ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION This EA evaluates the potential environmental impacts of granting the exemption to allow MAGNASTOR Cask 0FCTKN045 to be maintained at McGuire Nuclear Station ISFSI in the storage condition without restoring compliance with the helium density range specified in CoC No. 1031, Amendment No. 7, TS 3.1.1.
The potential environmental impacts of spent fuel storage under CoC No. 1031, Amendment No. 7, for the MAGNASTOR System, were evaluated by the staff prior to Amendment No. 7 being added to the list of approved spent fuel storage casks in 10 CFR 72.214 (82 FR 25931).
For the proposed action, the only potential impacts from granting the exemption would be as discussed below. Non-radiological impacts will not be greater than those considered in the EA for CoC No. 1031, Amendment No. 7.
3 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 impact of using NRC-approved storage casks. The EA for the MAGNASTOR System, CoC No. 1031, Amendment No. 7, tiers off of the EA issued for the July 18, 1990 final rule. Tiering off earlier EAs is a standard process under the National Environmental Policy Act of 1969 (NEPA) and uses the impact analyses of previous EAs to bound the impacts of a proposed action.
The EA for the MAGNASTOR System, CoC No. 1031, Amendment No. 7, analyzed the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. The NRC staff evaluated the exemption request and concludes that the structural integrity and confinement of the MAGNASTOR System are maintained within regulatory requirements and the environmental impacts of the proposed action will be insignificant. In addition, the staff determined that the higher helium density would not adversely affect thermal performance, and the cask thermal performance would not be affected by the exemption request. Therefore, there would be no significant change in the types or amounts of any effluent released, no significant increase in individual or cumulative radiation exposures, and no significant increase in the potential for or consequences of radiological accidents will occur. The NRC staff also finds that occupational exposure and offsite dose rates from this exemption request will remain within applicable 10 CFR part 20 limits. Therefore, the proposed exemption request will not result in radiological or non-radiological environmental impacts that significantly differ from impacts evaluated in the EA supporting the MAGNASTOR System, CoC No. 1031, Amendment No. 7 direct final rule. For these reasons, the NRC concludes there are no significant environmental impacts associated with the exemption request for the MAGNASTOR System.
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ENVIRONMENTAL IMPACTS OF THE ALTERNATIVES TO THE PROPOSED ACTION In addition to the proposed action, the staff also considered the no-action alternative of denial of the proposed exemption request. Denial of the exemption request would require the applicant to unload MAGNASTOR Cask 0FCTKN045 and bring it in compliance with the helium density range specified in CoC No. 1031, Amendment No. 7, TS 3.1.1. Unloading the cask would subject station personnel to additional radiation exposure, generate additional contaminated waste, increase the risk of a possible fuel handling accident, and increase the risk of a possible heavy load handling accident. Therefore, the alternative could result in equal or greater environmental impact.
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AGENCIES CONSULTED The NRC provided the North Carolina Department of Health and Human Services (NC-DHHS) a copy of this Draft EA for review by an email dated June 18, 2020 (NRC, 2020a). On June 23, 2020, NC-DHHS provided its concurrence by email (NC-DHHS, 2020).
Endangered Species Act (ESA) Section 7 Consultation The ESA was enacted to prevent further decline of endangered and threatened species and restore those species and their critical habitat. Section 7 of the ESA requires Federal agencies to consult with the U.S. Fish and Wildlife Service (FWS) regarding actions that may affect listed species or designated critical habitats.
4 Pursuant to ESA Section 7, the NRC staff consulted with the FWS during the NRC staffs license renewal review in 2002 regarding the potential impacts of continued operation of the McGuire Nuclear Station ISFSI. The FWS indicated that there were no known occurrences of species protected under the ESA on the McGuire site (NRC, 2002). Because the proposed exemption is a new federal action and because the FWS regularly updates the federal list of endangered species, the NRC staff conducted a search of federally listed species and critical habitats using the FWSs Environmental Conservation Online System Information for Planning and Conservation (IPaC) system. There are a total of 5 threatened, endangered, or candidate species that have the potential to occur in Mecklenburg County: Northern Long-eared Bat (Myotis septentrionalis), Carolina Heelsplitter (Clam: Lasmigona decorata), Michauxs Sumax (Rhus michauxii), Schweinitzs Sunflower (Helianthus schweinitzii), and Smooth Coneflower (Echinacea laevigata) (FWS, 2020). Bald eagles (Haliaeetus leucocephalus) warrant attention because of the Eagle Act; there is a reasonable probability of their presence in the McGuire site vicinity and they have a lengthy breeding season that dates from September 1 to July 31. No areas designated by the FWS as critical habitat for threatened/endangered species are known to exist within the McGuire site.
As per the 2002 EA, bald eagles are known to nest at Lake Wylie (downstream of McGuire) and Lake James (upstream of McGuire) and are known from the Catawba River area. The eagles are observed occasionally along Lake Norman, but sightings are rare and there are no known nest sites within 100 km (60 mi) of the McGuire site. Schweinitz's sunflower are known to occur on adjacent property, exclusion area or associated transmission line rights-of-way. The Carolina heelsplitter is not present in the vicinity of the plant and does not occur in impounded water (NRC, 2002).
As stated previously in this EA, the requested exemption would not change the fundamental design, components, or safety features of the dry cask storage system. Additionally, fuel loading activities are conducted within an existing building and, therefore, have no direct nexus to the natural environment that could affect federally listed species. The NRC staff, therefore, concludes that the proposed exemption request would have no effect on federally listed species or critical habitats. Federal agencies are not required to consult with the FWS if they determine that an action will not affect listed species or critical habitats (FWS, 2016). The ESA does not require consultation for the proposed exemption, and thus the NRC staff considers its obligations under ESA Section 7 to be fulfilled for the proposed action.
National Historic Preservation Act (NHPA) Section 106 Consultation Section 106 of the NHPA requires federal agencies to consider the effects of their undertakings on historic properties. As stated in the Act, historic properties are any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in the National Register of Historic Places (NRHP).
Duke Energy communicated with the North Carolina State Historic Preservation Office (SHPO) during the license renewal review in 2000 regarding the potential impacts of continued operation of McGuire Nuclear Station. As described in the supplemental environmental impact statement for the McGuire license renewal review, the North Carolina SHPO stated that the extension of the operating license was not an undertaking likely to affect historic properties.
The NRC has determined that the scope of activities described in this exemption request do not have the potential to cause effects on historic properties, as the NRCs approval of this
5 exemption request will not authorize new construction or land disturbance activities. The exemption request, if granted, would not alter the fundamental design, components, or safety features of the dry cask storage system. Therefore, in accordance with 36 CFR 800.3(a)(1), no consultation is required under Section 106 of the NHPA. The NRC staff, however, informed the North Carolina SHPO by email dated January 7, 2020, of its no effects determination (NRC, 2020b). On January 14, 2020, North Carolina SHPO provided its concurrence by email (NC SHPO, 2020).
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CONCLUSION The environmental impacts of the proposed actionan exemption to allow continued storage of MAGNASTOR Cask 0FCTKN045 at McGuire Nuclear Station ISFSI without restoring compliance with the helium density range specified in CoC No. 1031, Amendment No. 7, TS 3.1.1have been reviewed under the requirements in 10 CFR Part 51, which implement NEPA.
In this EA, the NRC determined that the environmental impacts of granting this exemption will be no greater than those described in the EA for the MAGNASTOR System, CoC No. 1031, Amendment No. 7, direct final rule. No changes are being made in the types or quantities of effluents that may be released offsite, and there is no significant increase in occupational or public radiation exposures. Accordingly, the NRC has determined that a Finding of No Significant Impact (FONSI) is appropriate and an environmental impact statement is not warranted. The NRC will publish the FONSI in the Federal Register.
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REFERENCES The documents referenced in this EA are all publicly available. The references are available for public inspection and copying at NRCs Public Document Room, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Documents available through the NRCs electronic reading room (ADAMS) at http://www.nrc.gov/reading-rm/adams.html have an Accession No.
provided.
10 CFR Part 51. Code of Federal Regulations, Title 10, Energy, Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.
Washington, D.C.
10 CFR Part 72. Code of Federal Regulations, Title 10, Energy, Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste. Washington, D.C.
55 FR 29181. Final Rule: Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites. Federal Register Volume 55, Issue 138. July 18, 1990.
82 FR 25931. Direct Final Rule: List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR Cask System; Certificate of Compliance No. 1031, Amendment No. 7. Federal Register Volume 82, Issue 107. June 6, 2017.
Duke, 2019. Letter from Duke Energy to NRC, Duke Energy Carolinas, LLC (Duke Energy)
McGuire Nuclear Station, Units 1 and 2, Docket Nos. 50-369, 50-370, Renewed License Nos.
NPF-9 and NPF-17, Independent Spent Fuel Storage Installation (ISFSI) Docket No. 72-1031, Exemption Request for NAC MAGNASTOR Cask Loaded to Incorrect Helium Backfill Density.
6 September 12, 2019. ADAMS Accession No. ML19270E395.
Duke, 2020a. Letter from Duke Energy to NRC, Response to NRC Request For Additional Information (RAI) Regarding NAC MAGNASTOR Cask Loaded to Incorrect Helium Backfill Density. February 3, 2020. ADAMS Accession No. ML20052D934.
Duke, 2020b. Letter from Duke Energy to NRC, Response to NRC Request For Additional Information (RAI) Regarding NAC MAGNASTOR Cask Loaded to Incorrect Helium Backfill Density. June 15, 2020. ADAMS Accession No. ML20178A548.
Endangered Species Act of 1973, as amended. 16 USC §1531 et seq.
FWS, 2016. Endangered Species Consultations Frequently Asked Questions. ADAMS Accession No. ML16120A505.
FWS, 2020. List of Threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project. January 9, 2020. ADAMS Accession No. ML20014E677.
National Historic Preservation Act of 1966. 16 USC §470 et seq.
NC-DHHS, 2020. Email from North Carolina Department of Health and Human Services to NRC, June 23, 2020. ADAMS Accession No. ML20177A379.
NC SHPO, 2020. Email from North Carolina State Historic Preservation Office to NRC, February 14, 2020. ADAMS Accession No. ML20015A314.
NRC, 2002. NUREG-1437, Supplement 8, Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding McGuire Nuclear Station, Units 1 and 2 - Final Report. December 2002. ADAMS Accession Nos. ML030020184 and ML030020231.
NRC, 2020a. Email from NRC to North Carolina Department of Health and Human Services, Draft Environmental Assessment: Exemption Request for Duke Energy Carolinas, LLC, McGuire Nuclear Station, Units 1 and 2, Independent Spent Fuel Storage Installation, In Huntersville, North Carolina. June 18, 2020. ADAMS Accession No. ML20171A452.
NRC, 2020b. Email from NRC to North Carolina State Historic Preservation Office, Exemption Request McGuire Nuclear Facility. January 7, 2020. ADAMS Accession No. ML20008D559.