RS-22-044, Unit 1 - Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC Magnastor Storage System

Unit 1 - Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC Magnastor Storage System

ML22090A182
Person / Time
Site:	Crane
Issue date:	03/31/2022
From:	Simpson P Constellation Energy Generation
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
Shared Package
ML22090A181	List: RS-22-044, Unit 1 - Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC Magnastor Storage System
References
RS-22-044
Download: ML22090A182 (31)

Text

4300 Winfield Road Warrenville, IL 60555 630 657 2000 Office Attachments 3 and 6 contain Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Attachments 3 and 6, this document is decontrolled.

PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 RS-22-044 10 CFR 72.7 March 31, 2022 10 CFR 72.212 10 CFR 72.214 ATTN: Document Control Desk Director, Division of Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Three Mile Island Nuclear Station, Unit 1, Unit 1 Renewed Facility Operating License No. DPR-50 NRC Docket Nos. 50-289, and 72-0077

Subject:

Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC MAGNASTOR Storage System

Reference:

Letter from H. Gonzalez (U. S. NRC) to B. Greene (NAC International),

"U.S. Nuclear Regulatory Commission Inspection Report No. 72-1015/2021-201,"

dated January 21, 2022 (ML22021B305)

In accordance with 10 CFR 72.7, "Specific exemptions," Constellation Energy Generation, LLC (CEG) is requesting an exemption to the requirements of 10 CFR 72.212(a)(2),

10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.212(b)(11), and 10 CFR 72.214 for the affected five (5) MAGNASTOR Vertical Concrete Casks (VCCs) at Three Mile Island Nuclear Station, Unit 1, (TMI-1), as listed in Attachment 2. NAC International (NAC), the Certificate of Compliance (CoC) holder for the MAGNASTOR storage system, recently brought to the attention of CEG an identified non-compliance issue with the fabrication of the affected VCCs delivered to TMI-1.

The issue was identified during a Nuclear Regulatory Commission (NRC) inspection of NAC component fabrication activities conducted at Petersen, Inc. The NRC identified a Non-Cited Violation, Severity Level IV, regarding NACs vendor nonconformance report (VNCR) and 10 CFR 72.48 process in the referenced inspection report (Reference). Specifically, design change request (DCR(L)) 71160 FSAR-0Q and its associated 72.48 Screening removed explicit mention of the American Concrete Institute (ACI) ACI-318 requirements from Final Safety Analysis Report (FSAR) Revision 0, for the Concrete Cask lid by creating a new table specific to the Concrete Cask lid. The Concrete Cask body requirements remained unchanged. The

March 31, 2022 U.S. Nuclear Regulatory Commission Page 2 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 Attachments 3 and 6 contain Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Attachments 3 and 6, this document is decontrolled.

specific violation was that NAC failed to file a CoC amendment with the NRC fully describing the changes being made prior to implementing them via DCR(L) 71160-FSAR-0Q.

The fabrication of the affected VCC lids for TMI-1 was performed in accordance with MAGNASTOR FSAR Revision 12 and Table 1.3-4 for the concrete cask lid requirements.

However, the Non-Cited Violation establishes that FSAR Table 1.3-3 and referenced ACI requirements apply to the concrete cask lids. Contrary to this requirement, the concrete lids for the VCCs listed in Attachment 2 do not fully conform to the concrete code requirements specified in ACI-318 and FSAR Table 1.3-3.

contains the exemption request, which provides the basis and technical justification for the use of VCCs currently on-site and in-service or available for loading. lists the five (5) VCCs at TMI-1 subject to the requested exemption. Attachment 3 contains the notification from NAC to TMI about the non-compliance. Attachment 4 contains the recently submitted License Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12. Attachment 5 contains the non-proprietary version of the supplement to the amendment request. Attachment 6 contains the proprietary version of the supplement to the amendment request. Attachments 3 and 6 contain proprietary information to be withheld from public disclosure in accordance with 10 CFR 2.390, as documented by the signed affidavit in Attachment 7.

In summary, this exemption request concludes, along with supporting technical documentation from NAC, that there is reasonable assurance that the VCCs maintain their ability to perform their safety function.

CEG is requesting NRC approval of this exemption request, as the aforementioned issue affects previously fabricated systems that are currently on-site and in-service or available for loading.

CEG requests the approval of this exemption request no later than May 6, 2022, to support the ongoing cask loading campaign at TMI-1.

March 31, 2022 U.S. Nuclear Regulatory Commission Page 3 PROPRIETARY INFORMATION - WITHHOLD UNDER 10 CFR 2.390 Attachments 3 and 6 contain Proprietary Information. Withhold from public disclosure under 10 CFR 2.390. When separated from Attachments 3 and 6, this document is decontrolled.

There are no regulatory commitments contained in this letter. Should you have any questions concerning this letter, please contact Mrs. Linda Palutsis at (630) 657-2821.

Respectfully, Patrick R. Simpson Sr. Manager Licensing Constellation Energy Generation, LLC Attachments:

1. Exemption Request

2. List of Affected Vertical Concrete Casks (VCCs)

3. NAC Memo ED20220033, MAGNASTOR Concrete Cask Upper Segment ACI-318 Non-Compliance for Units TMI-1-VCC-043 thru TMI-1-VCC-047 (Proprietary)

4. Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12

5. Supplement to Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 (Non-Proprietary Version)

6. Supplement to Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 (Proprietary Version)

7. NAC International Affidavit Pursuant to 10 CFR 2.390 cc:

NRC Regional Administrator, Region I Director, Bureau of Radiation Protection - PA Department of Environmental Resources

ATTACHMENT 1 Exemption Request Page 1 of 7 I. BACKGROUND In accordance with 10 CFR 72.7, "Specific exemptions," Constellation Energy Generation, LLC (CEG) is requesting an exemption to the requirements of 10 CFR 72.212(a)(2),

10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.212(b)(11), and 10 CFR 72.214 for the affected five (5) MAGNASTOR Vertical Concrete Casks (VCCs) at Three Mile Island Nuclear Station, Unit 1 (TMI-1), as listed in Attachment 2. NAC International (NAC), the Certificate of Compliance (CoC) holder for the MAGNASTOR storage system, recently brought to the attention of CEG an identified non-compliance issue with the fabrication of the affected VCCs delivered to TMI-1 (Attachment 3).

The issue was identified during a Nuclear Regulatory Commission (NRC) inspection of NAC component fabrication activities conducted at Petersen, Inc. The NRC identified a Non-Cited Violation, Severity Level IV, regarding NACs vendor nonconformance report (VNCR) and 10 CFR 72.48 process (Reference 4). NAC failed to file a CoC amendment with the NRC fully describing the changes being made prior to implementing them via a design change request.

The NRC CoC, Docket 72-1031, Appendix A, "Technical Specifications and Design Features for the MAGNASTOR System," (Reference 6), Section 4.2, "Codes and Standards," commits to "The American Concrete Institute Specifications ACI-349 and ACI-318 govern the CONCRETE CASK design and construction, respectively." Contrary to this requirement, the concrete lids for the VCCs listed in Attachment 2 do not fully conform to the concrete code requirements specified in ACI-318 and Final Safety Analysis Report (FSAR) Table 1.3-3 (Reference 5).

II. SPECIFIC EXEMPTION REQUEST In accordance with 10 CFR 72.7, "Specific Exemptions", CEG requests NRC approval of an exemption for the TMI-1 Independent Spent Fuel Storage Installation (ISFSI) from the following requirements of 10 CFR 72.212 and 10 CFR 72.214, due to a non-compliance issue with Appendix A, Section 4.2 of CoC No. 1031, Amendment 9 for the MAGNASTOR Cask System:

10 CFR 72.212(a)(2), which states that "[t]he general license is limited to storage of spent fuel in casks approved under the provisions of this part."

10 CFR 72.212(b)(3), which states the general licensee must "[e]nsure that each cask used by the general licensee conforms to the terms, conditions, and specifications of a CoC or an amended CoC listed in § 72.214."

10 CFR 72.212(b)(5)(i), which states the general licensee must "[p]erform written evaluations, before use and before applying the changes authorized by an amended CoC to a cask loaded under the initial CoC or an earlier amended CoC, which establish that: The cask, once loaded with spent fuel or once the changes authorized by and amended CoC have been applied, will conform to the terms, conditions, and specifications of a CoC or and amended CoC listed in § 72.214" The relevant portion of 10 CFR 72.212(b)(11) which states that "[t]he licensee shall comply with the terms, conditions, and specifications of the CoC..."

ATTACHMENT 1 Exemption Request Page 2 of 7 10 CFR 72.214, which states that "[t]he following casks are approved for storage of spent fuel under the conditions specified in their Certificates of Compliance"including "Certificate Number: 1031, Amendment 9, Effective Date: December 7, 2020, for Model Number: MAGNASTOR."

The list of affected vertical cask VCCs and their serial numbers are listed in Attachment 2.

These systems are currently on-site and in-service or available for loading. This exemption request would allow the continued use of the systems currently in non-compliance for the term specified in the CoC. This exemption request concludes, along with supporting technical documentation from NAC (Attachments 4 and 6), that the affected VCCs maintain their ability to perform their safety functions.

III. TECHNICAL ASSESSMENT CEG is requesting NRC approval of an exemption request to 10 CFR 72.212(a)(2),

10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.212(b)(11), and 10 CFR 72.214 because this affects previously fabricated systems that are either currently loaded and in storage operations or on-site and otherwise available for loading. The proposed exemption is limited in scope to only those affected VCCs listed in Attachment 2 and relates to FSAR Table 1.3-3 and ACI specification compliance with regards to concrete used in the MAGNASTOR VCC upper segment (lid). Specifically, compliance with the concrete code requirements of ACI-318 as outlined in FSAR Table 1.3-3 (Reference 5).

The proposed exemption request involves no physical change to the VCC lid design, no change to the critical characteristics of the VCC lid concrete shielding materials verified during fabrication, and no change to the surveillance requirements that ensure the VCC upper segment performs adequately with respect to its licensing basis radiation shielding function.

This issue was captured and assessed under NACs corrective action program. NAC concluded that the licensing basis design function of the concrete in the VCC lid to reduce skyshine radiation continues to be met. This was documented in the amendment request for MAGNASTOR Cask System Amendment No. 12 (Attachment 4), and supplement to Amendment 12 (Attachments 5 and 6). This is demonstrated by the verification of concrete density in the VCC lid during fabrication in accordance with FSAR requirements. In addition, the Technical Specifications (TS) require dose measurements are taken prior to moving a loaded system to the storage pad to ensure the VCC lid performs adequately with respect to its licensing basis radiation shielding function (Reference 6).

IV. BASIS FOR EXEMPTION REQUEST In accordance with 10 CFR 72.7, the NRC may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part 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.

ATTACHMENT 1 Exemption Request Page 3 of 7 A) Authorized by Law This exemption request would allow the continued use of the systems currently in non-compliance for the term specified in the CoC. The NRC issued 10 CFR 72.7 under the authority granted to it under Section 133 of the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C.

§ 10153. Section 72.7 allows the NRC to grant exemptions from the requirements of 10 CFR Part 72. Granting the proposed exemption provides adequate protection to public health and safety, and the environment. As stated in this exemption request and supporting documentation there is reasonable assurance that safety margin exists for the affected VCCs, listed in Attachment 2. As described below, the proposed exemption will not endanger life or property, or the common defense and security, and is otherwise in the public interest.

Therefore, the exemption is authorized by law.

B) Will Not Endanger Life, Property or Common Defense and Security The supporting technical justification demonstrates that the affected VCCs will continue to perform their intended safety function. Even though the concrete used in the affected VCC lids does not meet the ACI specifications, sufficient evidence exists to reasonably conclude that the licensing basis design function of the concrete in the VCC lid to reduce skyshine radiation continues to be met. This is demonstrated by the verification of concrete density in the VCC lid during fabrication in accordance with FSAR requirements. In addition, the TS require dose measurements are taken prior to moving a loaded system to the storage pad to ensure the VCC lid performs adequately with respect to its licensing basis radiation shielding function.

Therefore, the proposed exemption does not endanger life or property or the common defense and security.

C) Otherwise In The Public Interest - Alternatives It is in the public's interest to grant an exemption, since a campaign to discard and replace the affected VCC lids would create operational challenges and risks associated with additional operational requirements, occupational doses, and generation of significant quantities of radioactive wastes. Additionally, replacing the affected VCC lids would be at a significant monetary cost and operational impact to CEG without providing any improvement to the VCC lids ability to perform its safety function.

Based on the above discussion, the exemption request is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest as the exemption provides the least risk, least dose, least radioactive waste, and least cost. A campaign to discard and replace the affected VCC lids would create operational challenges and risks associated with additional operational requirements, occupational doses, and generation of significant quantities of radioactive wastes.

ATTACHMENT 1 Exemption Request Page 4 of 7 V.

ENVIRONMENTAL CONSIDERATION A) Background MAGNASTOR storage casks are designed to mitigate 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. Postulated accidents analyzed for an ISFSI include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents.

Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of confinement, shielding, and criticality control. Without the loss of confinement, shielding, or criticality control functions, the risk to public health and safety is not compromised. The NRC performed a detailed safety evaluation of the CoC amendment under which the subject five (5) VCCs were fabricated (i.e., Amendment 9) (Reference 1) and concluded that an acceptable safety margin was maintained; that the proposed changes provided reasonable assurance that the spent fuel could be stored safely, met the acceptance criteria specified in 10 CFR Part 72, and that there continued to be reasonable assurance that public health and safety will be adequately protected (Reference 7).

B) Environmental Impact of the Proposed Action Based on the technical assessment provided in Section III, the affected VCCs will continue to perform their intended safety functions. Thus, there is no environmental impact of the proposed action. The proposed action would restore the affected VCCs listed in Attachment 2 to a conforming status, allowing them to remain in storage operations or be placed into service for the term specified in the CoC.

The exemption request provides the bases for acceptability of the affected VCCs. CEG has determined that the requested exemption meets the categorical exclusion provision in 10 CFR 51.22(c)(25), as a regulatory action eligible for a categorical exclusion or otherwise does not require an environmental review, because there is:

(i) no significant hazards consideration;

[In Section V.C. No Significant Hazards Consideration.]

(ii) no significant change in the types or significant increase in the amounts of any effluents that may be released offsite;

[No significant changes of effluents or types of effluents are requested to be released under this exemption request.]

(iii) no significant increase in individual or cumulative public or occupational radiation exposure;

[No significant increases in radiation to individuals or the public are requested under this

ATTACHMENT 1 Exemption Request Page 5 of 7 exemption request.]

(iv) no significant construction impact;

[No construction is being requested or impacted under this exemption request.]

(v) no significant increase in the potential for or consequences from radiological accidents; and

[There is no significant increase in the potential for or consequences of a radiological accident in relation to the requested exemption.]

(vi) the requirements from which an exemption is sought involve: (c) inspection or surveillance requirements;

[The request seeks an exemption from CoC (Reference 1), Appendix A, Section 4.2, which invokes ACI specifications regarding concrete requirements for the VCC lids.]

Therefore, in accordance with 10 CFR 51.22(b), no environmental assessment or environmental impact statement needs to be prepared in connection with the proposed exemption request.

C) No Significant Hazards Consideration CEG has evaluated whether a significant hazards consideration is involved with the proposed exemption in accordance with the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below. The no significant hazard consideration (NSHC) was performed in accordance with 10 CFR 50.92, since 10 CFR 72 does not establish separate criteria.

1. Does the proposed exemption involve a significant increase in the probability or consequences of an accident previously evaluated?

Response: No.

The proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated because it does not involve a change to the design configuration or operation of the Independent Spent Fuel Storage Installation (ISFSI). The supporting technical justification demonstrates that the affected vertical concrete casks (VCCs) will continue to perform their intended safety function.

Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated.

ATTACHMENT 1 Exemption Request Page 6 of 7

2. Does the proposed exemption create the possibility of a new or different kind of accident from any accident previously evaluated?

Response: No.

The proposed exemption does not involve physical alteration of plant systems, structures, or components (SSCs), or changes in parameters governing the manner in which the ISFSI is operated and maintained. The proposed activity is an American Concrete Institute (ACI) code compliance issue and involves no physical change to the VCC lid design or performance, and no changes to the VCC loading operations.

Therefore, the proposed exemption does not create the possibility of a new or different kind of accident from any accident previously analyzed.

3. Does the proposed exemption involve a significant reduction in a margin of safety?

Response: No.

The proposed exemption does not involve a significant reduction in a margin of safety.

No physical changes are being made to the design features or operation of the ISFSI and VCCs. The supporting technical justification demonstrates that the affected VCCs will continue to perform their intended safety function.

Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.

Based on the above evaluation, CEG concludes that the proposed exemption presents no significant hazards considerations under the standards set forth in 10 CFR 50.92 and, accordingly, a finding that the exemption involves "no significant hazards consideration" is justified.

VII. CONCLUSION As demonstrated above, the request for an exemption from the requirements of 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.212(b)(11), and 10 CFR 72.214 meet the criteria of 10 CFR 72.7 for specific exemption. Specifically, the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. In addition, the requested exemption meets the requirements for categorical exclusion set forth in 10 CFR 51.22(c)(25).

ATTACHMENT 1 Exemption Request Page 7 of 7 VIII.

REFERENCES

1. Letter from J. McKirgan (U. S. NRC) to W. Fowler (NAC International), "Amendment No. 9 to Certificate of Compliance No. 1031 for the MAGNASTOR Cask System," dated November 10, 2020 (ADAMS Accession No. ML20307A116)

2. Letter from W. Fowler (NAC International) to U. S. NRC, "Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12," dated January 24, 2022 (ADAMS Accession No. ML22024A374)

3. Letter from W. Fowler (NAC International) to U. S. NRC, "Supplement to NAC's Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12," dated March 18, 2022 (ADAMS Accession Nos. ML22077A770 & ML22077A771)

4. Letter from H. Gonzalez (U. S. NRC) to B. Greene (NAC International), "U.S. Nuclear Regulatory Commission Inspection Report No. 72-1015/2021-201," dated January 21, 2022 (ADAMS Accession No. ML22021B305)

5. MAGNASTOR Final Safety Analysis Report, Revision 12, Docket No. 72-1031, dated September 2021.

6. Amendment No. 9 to Certificate of Compliance No. 1031 for the MAGNASTOR Cask System, Appendix A, Technical Specifications and Design Features for the MAGNASTOR Cask System (ADAMS Accession No. ML20307A120)

7. Safety Evaluation Report NAC International, INC. MAGNASTOR Storage System Docket No. 72-1031 Amendment No. 9 (ADAMS Accession No. ML20307A119)

ATTACHMENT 2 List of Affected Vertical Concrete Casks (VCCs)

Site Serial Number Cask Model Loading Status TMI TMI-VCC-43 MAGNASTOR CC6 Not Yet Loaded TMI TMI-VCC-44 MAGNASTOR CC6 Not Yet Loaded TMI TMI-VCC-45 MAGNASTOR CC6 Not Yet Loaded TMI TMI-VCC-46 MAGNASTOR CC6 Loaded TMI TMI-VCC-47*

MAGNASTOR CC6 Not Yet Loaded

• Note: Cask TMI-VCC-47 will be labeled TMI-GTCC-01 when place on the ISFSI Pad.

ATTACHMENT 4 Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12

ED20220004 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com January 24, 2022 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn:

Document Control Desk

Subject:

Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 Docket No. 72-1031

References:

1.

U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC)

No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No. 9, December 7, 2020 2.

MAGNASTOR Cask System Final Safety Analysis Report (FSAR),

Revision 12, NAC International, September 2021 NAC International (NAC) hereby submits a request to amend the description section in Reference 1 and Technical Specification (TS) Appendix A, Section 4.2, Paragraph 3. In Reference 1, this paragraph applies American Concrete Institute Specifications ACI-349 and ACI-318 to the CONCRETE CASK, which is a defined term in the TSs. The definition for CONCRETE CASK does not delineate any subcomponents that make up the vertical storage module CONCRETE CASK. Specifically, the concrete cask lid.

This subcomponent is a thick concrete and carbon steel closure for the concrete cask. The licensing basis design function for the lid is to reduce skyshine radiation and to protect the transportable storage canister (TSC) from the environment and postulated tornado missiles, as described in Reference 2, Section 1.3.1.3.

However, there are no licensing basis structural requirements for the concrete in the lid, whether there is any embedded rebar or not. The tornado missile impact and lift evaluation do not take credit for the concrete. Thus, the only relevant licensing basis design requirement for the lid is for radiation shielding, which is evaluated in Reference 2, Section 5.1.2.

Currently in Reference 2, Chapter 1, Table 1.3-4, are the relevant concrete cask lid concrete specification requirements relevant to ACI-318, which include those requirements needed for adequate radiation shielding as discussed in Reference 2. Via this amendment, NAC is requesting the TSs be revised to provide a reference directly to this table for the construction of the concrete cask lid. Enclosure 1 of this letter provides the proposed changes to the TS in tracked changes format. Currently, NAC has two amendment applications before the NRC known as Amd. 10 and 11 that are likely to be processed through rulemaking together. NAC is requesting a speedy review of this Amd. 12 submittal such that it can be processed through rulemaking together with Amds. 10 and 11. If during the review that appears to not be likely, NAC would like to have a teleconference to discuss possible scenarios of processing these three amendments through rulemaking.

ED20220004 U.S. Nuclear Regulatory Commission January 24, 2022 Page 2 of 2 If you have any comments or questions, please contact me on my direct line at 678-328-1236.

Sincerely, Wren Fowler Director, Licensing Engineering

Enclosure:

- Proposed Technical Specification Changes Wren Fowler Digitally signed by Wren Fowler Date: 2022.01.24 13:24:50

-05'00'

Proposed Technical Specification Changes MAGNASTOR, Amendment 12 (Docket No 72-1031)

NAC International January 2022

Page 1 of 1 MAGNASTOR Certificate of Compliance, Amendment 9 Description, 4th Paragraph The concrete cask is the storage overpack for the TSC and provides structural support, shielding, protection from environmental conditions, and natural convection cooling of the TSC during long-term storage. The concrete cask body is a reinforced concrete (Type II Portland cement) structure with a carbon steel inner liner. The liner inner diameter incorporates standoffs to minimize impact loads on the TSC and to maintain convective heat flow paths under accident conditions. The concrete cask has an annular air passage to allow a passive convection air flow around the TSC. The air inlets and outlets are offset in elevation from the TSC to minimize radiation streaming. The spent fuel decay heat is transferred from the fuel assemblies to the TSC shell using pressurized helium circulated by convection through the fuel basket, conduction and radiation. Heat flows by convection from the TSC shell to the circulating air and by radiation from the TSC shell to the concrete cask liner. The heated air is exhausted, by convective flow, through the concrete cask air outlets. The top of the concrete cask is closed by a carbon steel lid with concrete shielding and isconcrete lid bolted in place.

Technical Specification (TS) Appendix A, Section 4.2 4.2 Codes and Standards The American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code), 2001 Edition with Addenda through 2003,Section III, Subsection NB, is the governing Code for the design, material procurement, fabrication, and testing of the TSC.

The ASME Code, 2001 Edition with Addenda through 2003,Section III, Subsection NG, is the governing Code for the design, material procurement, fabrication and testing of the spent fuel baskets.

The American Concrete Institute Specifications ACI-349 and ACI-318 govern the CONCRETE CASK design and construction, respectively,. with the following exception:

For concrete cask lids that do not credit the embedded concrete in any licensing basis structural evaluation, the applicable ACI-318 requirements to be met are specified in FSAR, Chapter 1, Table 1.3-4.

For cask concrete other than that in the concrete cask lid, FSAR, Chapter 1, Table 1.3-3 applies.

The American National Standards Institute ANSI N14.6 (1993) and NUREG-0612 govern the TRANSFER CASK design, operation, fabrication, testing, inspection, and maintenance.

ATTACHMENT 5 Supplement to Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 Non-Proprietary Version

ED20220032 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com March 18, 2022 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Supplement to NACs Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 Docket No. 72-1031

References:

1. U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC) No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No. 9, December 7, 2020

2. MAGNASTOR Cask System Final Safety Analysis Report (FSAR),

Revision 12, NAC International, September 2021

3. ED20220004, Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, January 24, 2022

4. ML22041A550, Teleconference for the Discussion of Amd. No. 12 and Potential Revision to Certificate of Compliance No. 1031 for the MAGNASTOR Storage System, February 24, 2022 NAC International (NAC) hereby submits a supplement to Reference 3 based on discussions during an NRC teleconference conducted on February 24, 2022 (Reference 4). NAC understands the NRCs concerns, which can be summarized into two categories. One, how NAC controls the construction and placement of concrete used in the MAGNASTOR concrete cask lid in order to ensure the minimum concrete density requirement is met and that the pours are performed in a manner that avoids any void formations. Two, what are the affects to the lids radiation shielding performance when considering any concrete shrinkage after the concrete has been poured and cured.

In response to Item #1, NAC has updated the proposed changes to the Technical Specifications (TS) shown in Enclosure 1. These proposed changes provide the necessary requirements to ensure the concrete in the lids meet the minimum density requirement and their construction is performed in a suitable manner to avoid any void formations. In response to Item #2, NAC has researched and estimated the amount of potential radial concrete shrinkage in the lid. This potential shrinkage was then evaluated using MCNP6 to compare the results to the existing licensing basis evaluation. A detailed discussion on the results is provided in Enclosure 2. All results fall within the statistical uncertainty bands for the original licensing basis solutions.

ED20220032 U.S. Nuclear Regulatory Commission March 18, 2022 Page 2 of 2 NAC is requesting the changes being proposed to the TS via this amendment be included in those TS changes for Amendments 0 thru 9 via the issuance of a Certificate of Compliance (CoC) revision. In addition, NAC is also requesting these proposed TS changes be incorporated into Amendments 10 and 11, which are currently under review and approval by the NRC. In effort to expedite the rulemaking process, NAC is requesting that all CoC revisions and Amendments 10 & 11 be processed thru rulemaking as a single package. If you have any comments or questions, please contact me on my direct line at 678-328-1236.

Sincerely, Wren Fowler Director, Licensing Engineering Attachment - NAC International Affidavit Pursuant to 10 CFR 2.390

Enclosures:

- Proposed Technical Specification Changes - Potential Concrete Radial Shrinkage MCNP6 Evaluation Wren Fowler Digitally signed by Wren Fowler Date: 2022.03.18 14:20:51

-04'00'

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20220032 Page 1 of 3 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Corners, Georgia 30092, being duly sworn, deposes and says that:

1. Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information contained therein, and is authorized to request its withholding.

2. The information to be withheld includes the following NAC Proprietary Information that is being provided to support the technical review of NACs Request for a Certificate of Compliance (CoC)

(No. 1031) for the NAC International MAGNASTOR Cask System.

x - Potential Concrete Radial Shrinkage MCNP6 Evaluation NAC is the owner of the information contained in the above documents. Thus, all of the above identified information is considered NAC Proprietary Information.

3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information Act (FOIA); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for trade secrets and commercial financial information obtained from a person, and privileged or confidential (Exemption 4). The information for which exemption from disclosure is herein sought is all confidential commercial information, and some portions may also qualify under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4.

4. Examples of categories of information that fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.

c. Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.

d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.

e. Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.

5. The information to be withheld is being transmitted to the NRC in confidence.

6. The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This information has, to the best of my knowledge and belief, consistently been held in confidence by NAC. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements, which provide for maintenance of the information in confidence. Its initial

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20220032 Page 2 of 3 designation as proprietary information and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in Items 7 and 8 following.

7. Initial approval of proprietary treatment of a document/information is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - the persons most likely to know the value and sensitivity of the information in relation to industry knowledge.

Access to proprietary documents within NAC is limited via controlled distribution to individuals on a need to know basis. The procedure for external release of NAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside of NAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.

9. Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position of NAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The proprietary information is part of NACs comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process. The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment.

Proposed Technical Specification Changes MAGNASTOR, Amendment 12 (Docket No 72-1031)

NAC International March 2022

Page 1 of 2 MAGNASTOR Certificate of Compliance, Amendment 9 Description, 4th Paragraph The concrete cask is the storage overpack for the TSC and provides structural support, shielding, protection from environmental conditions, and natural convection cooling of the TSC during long-term storage. The concrete cask body is a reinforced concrete (Type II Portland cement) structure with a carbon steel inner liner. The liner inner diameter incorporates standoffs to minimize impact loads on the TSC and to maintain convective heat flow paths under accident conditions. The concrete cask has an annular air passage to allow a passive convection air flow around the TSC. The air inlets and outlets are offset in elevation from the TSC to minimize radiation streaming. The spent fuel decay heat is transferred from the fuel assemblies to the TSC shell using pressurized helium circulated by convection through the fuel basket, conduction and radiation. Heat flows by convection from the TSC shell to the circulating air and by radiation from the TSC shell to the concrete cask liner. The heated air is exhausted, by convective flow, through the concrete cask air outlets. The top of the concrete cask is closed by a carbon steel lid with concrete shielding and is bolted in place.

Technical Specification, Appendix A, Section 1.1 CONCRETE CASK The CONCRETE CASK is the vertical storage module that receives, holds and protects the sealed TSC for storage at the ISFSI. The CONCRETE CASK passively provides the radiation shielding, structural protection, and heat dissipation capabilities for the safe storage of spent fuel in a TSC. Closure for the CONCRETE CASK is provided by the CONCRETE CASK LID.

CONCRETE CASK LID The CONCRETE CASK LID is a thick concrete and steel closure for the CONCRETE CASK. The CONCRETE CASK LID precludes access to the TSC and provides radiation shielding.

Technical Specification (TS) Appendix A, Section 4.2 4.2 Codes and Standards The American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code), 2001 Edition with Addenda through 2003,Section III, Subsection NB, is the governing Code for the design, material procurement, fabrication, and testing of the TSC.

The ASME Code, 2001 Edition with Addenda through 2003,Section III, Subsection NG, is the governing Code for the design, material procurement, fabrication and testing of the spent fuel baskets.

The American Concrete Institute Specifications ACI-349 and ACI-318 govern the CONCRETE CASK design and construction, respectively.

Page 2 of 2 The concrete used in the construction of the CONCRETE CASK LID, at minimum, shall be of a commercial grade ready-mix type that can develop a density 140 pcf. Verification of the minimum density shall be performed using pre and post pour weight measurements. There is no minimum compressive strength requirement for the concrete. Concrete placement shall be in a dry and clean cavity or form with procedures and equipment that ensure the concrete placed is thoroughly consolidated and worked around any reinforcement and/or embedded fixtures and into the corners of the cavity or form. Concrete curing shall be protected from environmental extremes of heat and cold unless admixtures are used as deemed necessary.

The American National Standards Institute ANSI N14.6 (1993) and NUREG-0612 govern the TRANSFER CASK

design, operation, fabrication, testing, inspection, and maintenance.

Potential Concrete Radial Shrinkage MCNP6 Evaluation MAGNASTOR, Amendment 12 (Docket No 72-1031)

NAC International March 2022

Page 1 of 1 NAC PROPRIETARY INFORMATION REMOVED NAC PROPRIETARY INFORMATION REMOVED

ATTACHMENT 7 NAC International Affidavit Pursuant to 10 CFR 2.390

ED20220043 Page 1 of 3 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Support Services, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Corners, Georgia 30092, being duly sworn, deposes and says that:

1. Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information contained herein and is authorized to request its withholding.

2. The information to be withheld includes the following NAC Proprietary Information that is being provided in support of the NRC review of Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC MAGNASTOR Storage System.

Attachments 3 - ED20220033 NAC Memo Attachments 6 - Supplement to NAC's Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 (Proprietary Version)

NAC is the owner of this information that is considered to be NAC Proprietary Information.

3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information Act (FOIA); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for trade secrets and commercial financial information obtained from a person, and privileged or confidential (Exemption 4). The information for which exemption from disclosure is herein sought is all confidential commercial information, and some portions may also qualify under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4.

4. Examples of categories of information that fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.

c. Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.

d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.

ED20220043 Page 2 of 3 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

e. Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.

5. The information to be withheld is being transmitted to the NRC in confidence.

6. The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This information has, to the best of my knowledge and belief, consistently been held in confidence by NAC. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements, which provide for maintenance of the information in confidence. Its initial designation as proprietary information and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in Items 7 and 8 following.

7. Initial approval of proprietary treatment of a document/information is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - the persons most likely to know the value and sensitivity of the information in relation to industry knowledge.

Access to proprietary documents within NAC is limited via controlled distribution to individuals on a need to know basis. The procedure for external release of NAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside of NAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.

Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position of NAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The proprietary information is part of NACs comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process. The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment.

A NAC INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

STATE OF GEORGIA, COUNTY OF GWINNETT Mr. George Carver, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his knowledge, information and belief.

i /

Executed at Peach e Corners, Georgia, this J.. 8 ~

day of xJ:,

2022.

eorge Carver Vice President, Engineering and Support Services NAC International Subscribed and sworn before me this ~S,~ day of~,,1-~_,.,.0,.._;1..,L...__

--"-_ _,. 2022.

ED20220043 Page 3 of3