ML22111A311

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Letter Issuing Exemption to McGuire
ML22111A311
Person / Time
Site: Mcguire, McGuire, 07201031  Duke Energy icon.png
Issue date: 05/16/2022
From: Yoira Diaz-Sanabria
Storage and Transportation Licensing Branch
To: Gibby S
Duke Energy Carolinas
B White NMSS/DFM/STLB 301-415-6577
Shared Package
ML22111A310 List:
References
EPID L-2022-LLE-0015
Download: ML22111A311 (4)


Text

Shawn Gibby Vice President, Nuclear Engineering Duke Energy Carolinas, LLC 526 South Church Street, EC-07H Charlotte, NC 28202

SUBJECT:

MCGUIRE NUCLEAR GENERATING STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION ISSUANCE OF EXEMPTION

Dear Shawn Gibby:

This is in response to your letter dated April 7, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22097A057), as supplemented on April 28, 2022 (ADAMS Accession No. ML22118B165), 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 concrete cask lids that were not designed and fabricated in accordance with Technical Specification A4.2 as specified in Amendment No. 7 of the NAC International (NAC)

Certificate of Compliance No. 1031 for the MAGNASTOR storage system. Specifically, Duke Energy Carolinas, LLC (Duke Energy) 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.

Duke Energy uses NACs MAGNASTOR storage cask utilizing CoC No. 1031, Amendment No. 7 for dry storage of spent fuel assemblies at the McGuire Nuclear Station ISFSI. Duke Energy stated that it has 30 loaded storage casks and 8 casks to be loaded using concrete 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 Duke Energys exemption request for the McGuire Nuclear Station 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 Duke Energy 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 the Certificate of Compliance No. 1031, Amendment No. 7 to load and store spent fuel in storage casks with vertical concrete cask serial numbers MN-VCC-053 through MN-VCC-070; MN-DF-VCC-071; MN-DF-VCC-072; and MN-VCC-100 through MN-VCC-117 at the McGuire Nuclear Station ISFSI in storage cask with May 16, 2022

S. Gibby concrete cask lids that have not been shown to be 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 Docket No. 72-1031, 72-38, 50-369 and 50-370 EPID No. L-2022-LLE-0015 Signed by Diaz-Sanabria, Yoira on 05/16/22

S. Gibby

SUBJECT:

MCGUIRE NUCLEAR GENERATING STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION ISSUANCE OF EXEMPTION DOCUMENT DATE:

DISTRIBUTION:

DFM r/f S. Helton, NMSS RidsNrrPMMcGuire Resource B. Desai, RII P. Cooper, RII, E. Stamm, RII G. Hutto, McGuire Sr. Resident Inspector Closes EPID No. L-2022-LLE-0015 PACKAGE ADAMS Accession No.: ML22111A310 OFFICIAL AGENCY RECORD May 16, 2022

ML22111A310; Ltr ML22111A311 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/NARAB NRR/DEX/ESEB NAME BWhite WWheatley ASotomayor-Rivera SSamaddar DATE Apr 29, 2022 Apr 29, 2022 Apr 29, 2022 Apr 29, 2022 OFFICE NRR/DNRL/NVIB NMSS/DFM/IOB NMSS/DFM/FFLB NRR/DNRL/NVIB NAME CSydnor DDunn for MLearn MDiaz HGonzalez DATE May 2, 2022 May 2, 2022 May 2, 2022 May 3, 2022 OFFICE NMSS/DFM/MSB OGC/GCRPS

/HLWFCNS/NLO NMSS/DFM/STLB NAME TBoyce ACoggins YDiaz-Sanabria DATE May 2, 2022 May 13, 2022 May 16, 2022