ML22110A111

Letter Issuing Exemption to TMI-1

ML22110A111
Person / Time
Site:	07201031, Crane
Issue date:	05/13/2022
From:	Yoira Diaz-Sanabria Storage and Transportation Licensing Branch
To:	Simpson P Constellation Energy Generation
B White NMSS/DFM/STLB 301-415-6577
Shared Package
ML22110A110	List: ML22110A111 ML22110A113
References
CAC 001028, EPID L-2022-LLE-0014
Download: ML22110A111 (4)

Text

Patrick R. Simpson Sr. Manager Licensing Constellation Energy Generation, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

THREE MILE ISLAND NUCLEAR STATION, UNIT 1 INDEPENDENT SPENT FUEL STORAGE INSTALLATION ISSUANCE OF EXEMPTION

Dear Patrick Simpson:

This is in response to your letter dated March 31,2022 (Agencywide Documents Access and Management System (ADAMS) No. ML22090A182), as supplemented on April 26, 2022 (ADAMS Accession No. ML22116A236), requesting an exemption under Title 10 of the Code of Federal Regulations (10 CFR) 72.7 to load and store spent fuel in MAGNASTOR storage casks with lids that were not designed and fabricated in accordance with Technical Specification A4.2 as specified in Amendment No. 9 of the NAC International (NAC) Certificate of Compliance (CoC) No. 1031 for the MAGNASTOR storage system. Specifically, Constellation Energy Generation, LLC (CEG) requested 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 72.214, and the portion of 10 CFR 72.212(b)(11), which requires storage of spent nuclear fuel under a general license in dry storage casks approved under the provisions of 10 CFR Part 72, and compliance with the terms and conditions set forth in the certificate of compliance for each spent fuel cask used by an independent spent fuel storage installation (ISFSI) general licensee.

CEG uses NACs MAGNASTOR storage cask utilizing CoC No. 1031, Amendment No. 9 for dry storage of spent fuel assemblies at the Three Mile Island, Unit 1 (TMI-1) ISFSI. CEG stated that it has five storage cask lids fabricated by NAC that do not meet the requirement in Technical Specification, Appendix A, A4.2 to be designed and fabricated in accordance with the American Concrete Institute Specifications ACI-349, Code Requirements for Nuclear Safety Related Concrete Structures, and ACI-318, Building Code Requirements for Structural Concrete, which according to the technical specifications govern the concrete cask design and construction, respectively.

The NRC staff reviewed CEGs exemption request for the TMI-1 ISFSI. The details of the review are included in the enclosed safety evaluation report. Based upon the staffs evaluation, 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 is granting CEG an exemption from the requirements in 10 CFR 72.212(a)(2), 10 CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 CFR 72.214, and the portion of 10 CFR 72.212(b)(11) that requires compliance with terms, conditions, and specifications of Certificate of Compliance No. 1031, Amendment No. 9 at the TMI-1 ISFSI to load and store spent fuel in storage casks with serial numbers TMI-VCC-43, TMI-VCC-44, TMI-VCC-45, TMI-VCC-46, and TMI-VCC-47 (TMI-VCC-47 will be renumbered TMI-GTCC-01 when placed May 13, 2022

P. Simpson on the ISFSI pad), whose lids have not been shown to be designed and fabricated in accordance with ACI-349, and ACI-318.

In accordance with 10 CFR 2.390 of the U.S. Nuclear Regulatory Commissions (NRCs) Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the publicly available records component of the NRCs document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions, please contact me at (301) 415-8064, or Bernard White of my staff, at (301) 415-6577.

Sincerely, Yoira K. Diaz-Sanabria, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards CAC No. 001028 DOCKET Nos.: 72-1031, 72-77, and 50-289 EPID No.: L-2022-LLE-0014

Enclosure:

Safety Evaluation Report Signed by Diaz-Sanabria, Yoira on 05/13/22

P. Simpson

SUBJECT:

THREE MILE ISLAND NUCLEAR STATION, UNIT 1 INDEPENDENT SPENT FUEL STORAGE INSTALLATION ISSUANCE OF EXEMPTION DOCUMENT DATE:

Closes EPID No. L-2022-LLE-0014 DISTRIBUTION:

DFM R/F S. Helton, NMSS A. Snyder, NMSS A. Dimitriadis, RI Package: ML22110A110 (Pkg) ML22110A111 (Ltr) ML22110A112 (FRN) ML22110A113(SER)

OFFICE NMSS NMSS NMSS NMSS NMSS NAME BWhite WWheatley SSamaddar ASotomayor-Rivera B. White for CSydnor DATE 04/29/2022 04/28/2022 04/29/2022 04/29/2022 04/29/2022 OFFICE NMSS NMSS NMSS NMSS NMSS NAME DDunn TBoyce HGonzalez MDiaz-Maldonado YDiaz-Sanabria DATE 05/02/2022 05/02/2022 05/03/2022 05/02/2022 05/13/2022 OFFICIAL RECORD COPY May 13, 2022

ML22110A110; Ltr ML22110A111 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NRR/DNRL/NVIB NMSS/DFM/NARAB NAME BWhite WWheatley CSydnor DDunn for ASotomayor-Rivera DATE Apr 28, 2022 Apr 28, 2022 May 2, 2022 Apr 29, 2022 OFFICE NRR/DEX/ESEB NMSS/DFM/IOB NMSS/DFM/STLB NRR/DNRL/NVIB NAME SSamaddar MLearn BWhite HGonzalez DATE Apr 29, 2022 Apr 29, 2022 May 2, 2022 May 3, 2022 OFFICE NMSS/DFM/MSB NMSS/DFM/FFLB OGC/GCRPS

/HLWFCNS/NLO NMSS/DFM/STLB NAME TBoyce MDiaz ACoggins YDiaz-Sanabria DATE May 2, 2022 May 2, 2022 May 13, 2022 May 13, 2022