ML22146A187

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FRN for Issuance of Exemption
ML22146A187
Person / Time
Site: Palo Verde, Catawba, McGuire, 07201031, 07200077  Duke Energy icon.png
Issue date: 06/01/2022
From: Yoira Diaz-Sanabria
Storage and Transportation Licensing Branch
To:
B WHITE NRC/NMSS/DFM/STLB 3014156577
References
NRC-2022-0113
Download: ML22146A187 (6)


Text

[7590- 01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 72-1031; 72-38; 72-44; 72-45; and 72-77; NRC-2022- 0113]

Constellation Energy Generation, LLC;

Arizona Public Service Company;

Duke Energy Carolinas, LLC.

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemptions ; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) issued four exemptions

in response to requests from Arizona Public Service Company; Constellation Energy

Generation, LLC; and Duke Energy Carolinas, LLC. T he exemptions will allow the

licensees to deviate from the requirements for the MAGNASTOR storage cask system

in Certificate of Compliance No. 1031, Amendment No. 7 and Amendment No. 9, by

utilizing storage cask lids that were not fabricated in accordance with the requirements of

two codes issued by the American Concrete Institute. The NRC is issuing a single

notice to announce the issuance of these exemptions because these are nearly

identical.

DATES: The two exemptions to Arizona Public Service Company; Constellation Energy

Generation, LLC were issued on May 13, 2022, and two exemptions were issued to

Duke Energy Carolinas, LLC on May 16, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022- 0113 when contacting the NRC

about the availability of information regarding this document. You may obtain publicly

available information related to this document using any of the following methods:

search for Docket ID NRC-2022- 0113. Address questions about Dockets IDs in Regulations.gov to Stacy Schumann; telephone: 301-415- 0624; email:

Stacy.Schumanns@nrc.gov. For technical questions, contact the individual listed in the

For Further Information Contact section of this document.

  • NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by email to PDR.Resource@nrc.gov. F or the convenience of the

reader, instructions about obtaining materials referenced in this document are provided

in the Availability of Documents section.

  • NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear Material

Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555 -

0001; telephone: 301-415-6577, email: Bernard.White@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC issued four exemptions in response to requests dated March 31, 2022,

and April 7, 2022, from Constellation Energy Generation, LLC and Arizona Public

Service Company; and Duke Energy Carolinas, LLC, respectively. The exemptions

2 allow exemption from the requirements of title 10 of the Code of Federal Regulations (10

CFR) sections 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.214, and the portion of 10

CFR 72.212(b)(11) which requires 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 general licensee.

The exemptions requested authorization to load, and store spent fuel in

MAGNASTOR storage casks with lids that were not fabricated in accordance with

Technical Specification A4.2 as specified in Amendment Nos. 7 and 9 of the NAC

International Certificate of Compliance No. 1031 for the MAGNASTOR storage system.

Amendment No. 7 is used at the Catawba, McGuire and Palo Verde independent spent

fuel storage installations. Amendment No. 9 is used at the Three Mile Island, Unit I

independent spent fuel storage installation.

Technical Specification, Appendix A, A4.2 requires the concrete cask 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.

NAC submitted an amendment request to eliminate the need for compliance with

the referenced technical specification for the concrete in the cask lids in the Certificate of

Compliance No. 1031 for the MAGNASTOR storage system, however the exemptions

were necessary to meet loading campaigns scheduled before resolution of the NACs

amendment request. The applications provided information documenting that concrete

in the cask lids is not relied upon for the strength safety function provided by the ACI

codes in Technical Specification, Appendix A, A4.2, and the concrete in the cask lids

3 was fabricated using standards that ensure the concrete will continue to meet the

required shielding safety function. Based on the NRC staffs evaluation of the exemption

requests, and the statements and representations provided by the applicants in the

exemption requests, the staff concluded that the proposed actions to exempt the cask

lids from the current Technical Specification in A4.2 at each of the ISFSI sites is

authorized by law and will not endanger life, property, or the common defense and

security, and is otherwise in the public interest and, therefore meets the exemption

requirements in 10 CFR 72.7.

II. Availability of Documents

The following table provides the facility name, docket number, document

description, and ADAMS accession number s related to each exemption issued. For

further details with respect to these exemptions, see the requests for exemption for each

facility in ADAMS. For additional directions on accessing information in ADAMS see the

ADDRESSES section of this document.

DOCUMENT DESCRIPTION ADAMS ACCESSION NO.

Palo Verde Independent Spent Fuel Storage Installation DOCKET NO. 72-44 Palo Verde Nuclear Generating Station Units 1, 2, and 3 and Independent Spent Fuel Storage Installation Docket Nos. STN 50- 528/529/530 and 72-44 Renewed Operating License Nos. NPF-41, NPF-51, NPF-74 ML22090A098 Request for Exemption from NAC-MAGNASTOR Certificate of Compliance 72-1031 - Cask Lid Design Requirements, dated March 31, 2022.

Palo Verde Nuclear Generating Station Units 1, 2, and 3 and Independent Spent Fuel Storage Installation Docket Nos. STN 50- 528/529/530 and 72-44 Renewed Operating License Nos. NPF-41, NPF-51, NPF-74 ML22118B162 Request for Exemption from NAC-MAGNASTOR Certificate of Compliance 72-1031 - Cask Lid Design Requirements -

Supplement, dated April 28, 2022.

Issuance of exemption for Palo Verde ISFSI ML22111A282 (Package)

Three Mile Island, Unit 1 Independent Spent Fuel Storage Installation Docket No. 72-77 Request for an Exemption to the Requirements of Certificate ML22090A182 4

of Compliance No. 1031 for the NAC MAGNASTOR Storage System, dated March 31, 2022.

Supplemental Information to Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC ML22116A236 MAGNASTOR Storage System, dated April 26, 2022.

Issuance of exemption for TMI-1 ISFSI ML22110A110 (Package)

Catawba Independent Spent Fuel Storage Installation Docket No. 72-45 Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC MAGNASTOR Storage ML22097A057 System, dated April 7, 2022.

Supplement to the Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the ML22118B165 NAC MAGNASTOR Storage System, dated April 28, 2022.

Issuance of exemption for Catawba ISFSI ML22111A356 (Package)

McGuire Independent Spent Fuel Storage Installation Docket No. 72-38 Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the NAC MAGNASTOR Storage ML22097A057 System, dated April 7, 2022.

Supplement to the Request for an Exemption to the Requirements of Certificate of Compliance No. 1031 for the ML22118B165 NAC MAGNASTOR Storage System, dated April 28, 2022.

Issuance of exemption for McGuire ISFSI ML22111A310 (Package)

NAC International Amendment Request Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. ML22024A374 12, dated January 24, 2022.

Supplement to NACs Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. ML22077A769 12, dated March 18, 2022.

RAI Response to NACs Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. ML22108A197 12, dated April 18, 2022.

The NRC may post additional materials related to this document, included public

comments, on the Federal rulemaking website. In addition, the Federal rulemaking

website allows members of the public to receive alerts when changes or additional occur

in a docket folder. To subscribe: 1) navigate to the docket folder (NRC-2022- 0113);

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2) click the Subscribe link, and 3) enter your email address and click on Subscribe

link.

Dated: May 31, 2022.

For the Nuclear Regulatory Commission.

/RA/

Yoira K. Diaz-Sanabria, Chief,

Storage and Transportation Licensing Branch,

Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.

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