ML20247F662

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Forwards EA & Fonsi Sent to Fr for Publication,Re Exemption to 10CFR72.234(c) for TN-68 Dry Storage Cask Re 7201027. Exemption Granted,Subj to Listed Conditions
ML20247F662
Person / Time
Site: Peach Bottom, 072*****  Constellation icon.png
Issue date: 05/05/1998
From: Shankman S
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Neider T
TRANSNUCLEAR, INC.
Shared Package
ML20247F669 List:
References
TAC-L22574, NUDOCS 9805200014
Download: ML20247F662 (2)


Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION NYM E

E WASHINGTON, D.C. ennes anni

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May 5, 1998 Ms. Tara J. Neider, Vice President-Engineering Transnuclear, Inc.

l Four Skyline Drive l

Hawthorne, NY 10532-2176 l

l

SUBJECT:

EXEMPTION TO 10 CFR 72.234(c) FOR THE TN-68 DRY STORAGE l

CASK, DOCKET 72-1027 (TAC NO. L22574) l l

References:

1)

Ltr T.N. Mitche!!, PECO Nuclear, to Director, Office of Nuclear Material and Safeguards, USNRC,

  • Exemption to the Fabrication Requirements in l

10 CFR 72.234(c) for the TN-68 Cask," dtd 1/29/98 l

2)

Ltr T.N. Mitchell, PECO Nuclear, to Director, Office of Nuclear Material and Safeguards, USNRC, " Peach Bottom Atomic Power Station Fuel Pool Capacity Projections in Support of Exemption to the Fabrication Requirements in 10 CFR 72.234(c) for Nine TN-68 Casks," dtd 2/13/98

Dear Ms. Neider:

l By letter dated January 23,1998, pursuant to the provisions of 10 CFR Part 72.7, Transnuclear, Inc. (TN) requested an exemption from 10 CFR 72.234(c). TN requests permission to begin procurement and fabrication activities for nine TN-68 storage casks prior to receipt of the Certificate of Compliance (COC). Also on January 23,1998, TN submitted to the Nuclear Regulatory Commission (NRC) the TN-68 storage cask application and request for COC.

TN is under contract with PECO Energy Company (PECO) to supply TN-68 storage ' casks for l

the Peach Bottom Atomic Power Station (PBAPS) located in Delta, Pennsylvania. To maintain full core off-load capability for PBAPS Units 2 and 3, PECO requires four storage casks by July 2000 and an additional five casks by July 20G1 (References 1 and 2) Because i

procurement and fabrication activities for the TN-68 cask are expected to take approximately 20 l

months, an exemption to 10 CFR 72.234(c) was requested for these nine casks.

l l

TN has established a quality assurance (QA) program plan that includes specific QA requirements for control of items and project activities important to safety. After fabrication, the storage casks will be procured for use at PBAPS but will not be loaded until the COC is issued.

NRC staff evaluated the public health and safety and environmentalimpacts of the proposed exemption and determined that granting the exemption would not result in any significant impacts. For this action, an Environmental Assessment and Finding Of No Significant impact (copy enclosed) has been prepared and forwarded to the Office of Federal Register for publishing.

NRC approval of the exemption request shall not be construed as an NRC commitment to favorably consider TN's application for a COC or to approve the proposed TN-68 cask design. TN shall bear the risk of all activities conducted under the exemption.

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' Ms. T. Neider - Bas 9d on the foregoing considerations, the staff determined that granting the proposed exemption from the requirements of 10 CFR 234(c), to permit fabrication of nine TN-68 casks, is '

authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. TN is hereby granted an exemption, subject to the following conditions:

l

. a)

Nine TN-68 casks may be constructed under TN's approved QA program or an NRC-approved 10 CFR Part 50, Appendix B, QA program.

I

' b) in accordance with 10 CFR 72.232(a); TN shall permit and make provisions for the. Commission to inspect the premises and facilities at which the casks will be fabricated and tested. This condition shall be completed prior to any fabrication activities under this exemption.

j l

c)

TN shall. notify the Commission at least 45 days prior to fabrication of the'first spent fuel storage cask.

d)

In accordance with i0 CFR 72.232(b), TN shall make provisions that permit the Commission to perform tests that it deems necessary or appropriate for the administration of the regulations of 10 CFR 72.

e)

Any procurement and fabrication activities for the TN-68 cask, prior to NRC action on the TN-68 application for a COC, is 'at TN's own risk. TN shall bear the risk of any activities conducted under the exemption, including the risk that the casks may require modification or that the casks will not be useable because they do not meet specifications or conditions placed in a COC that the NRC may ultimately approve.

Please reference Docket 72-1027 and TAC No. L22574 in future correspondence related to this action.

Sincerely, ORIGINAL SIGNED BY /s/

Susan F. Shankman Acting Deputy Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Dockets 72-1027,50-277,-278

Enclosure:

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GATN-68) EXEMPT.LTR 1

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