ML23088A275

Solutions, Inc., Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E

ML23088A275
Person / Time
Site:	Kewaunee
Issue date:	03/29/2023
From:	Hazelhoff A Kewaunee Solutions
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
KS-2023-010
Download: ML23088A275 (1)

Text

10 CFR 20, Appendix G March 29, 2023 KS-2023-010 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Kewaunee Solutions, Inc.

Facility Operating License No. DPR-43 NRC Docket No. 50-305

Subject:

Request for Exemption from 10 CFR 20, Appendix G, Section III.E Pursuant to 10 CFR 20.2301, Applications for exemptions, Kewaunee Solutions, Inc. (KS) requests an exemption from a requirement of 10 CFR 20, Appendix G, Section III.E, Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests, for the Kewaunee Power Station (KPS). This regulation requires, in part, that KS investigate and report to the NRC when KS does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer.

KS is requesting that the time period to receive acknowledgement that a shipment has been received by the intended recipient be extended from 20 days to 45 days for low-level radioactive waste shipments. The requested exemption would be applicable to mixed mode shipments from KPS, including combination of truck / rail shipments.

The details of the 10 CFR 20.2301 request are attached. The attachment provides an evaluation of the request, which includes a description and purpose of the request, as well as justification for granting the exemption.

KS requests approval of this exemption request by July 1, 2023, to support site decommissioning and near-term shipping activities. The exemption request is not required to address an immediate safety concern, as shipments of low-level radioactive waste from the KPS site have not begun; however, based on ample industry experience, it is reasonable to conclude that once shipping begins at KPS, there will be occurrences where the 20 days acknowledgement period will be exceeded. Approval of the exemption request will alleviate the need for licensee submittal and for NRC review of investigations into not receiving acknowledgement of receipt of a shipment.

KS-2023-010 Request for Exemptions Page 2 of 3 Kewaunee Power Station, N490 Highway 42, Kewaunee, WI 54216 If you have any questions or require additional information, please contact Mr. Joseph R. Lynch at 508-728-1421.

Respectfully, Amy C. Hazelhoff Vice President Regulatory Affairs EnergySolutions, LLC

Attachment:

1. Request for Exemption from 10 CFR 20, Appendix G, Section III.E Commitments made in this letter: None cc:

Regional Administrator, Region III U. S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Mr. Karl Sturzebecher, Project Manager U.S. Nuclear Regulatory Commission One White Flint North, Mail Stop O8-D15 11555 Rockville Pike Rockville, MD 20852-2738 Amy C Hazelhoff Digitally signed by Amy C Hazelhoff Date: 2023.03.29 14:43:45 -04'00'

KS-2023-010 Request for Exemptions Page 3 of 3 Kewaunee Power Station, N490 Highway 42, Kewaunee, WI 54216 ATTACHMENT 1 REQUEST FOR EXEMPTION FROM 10 CFR 20, APPENDIX G, SECTION III.E (6 Pages Follow)

KS-2023-010 Attachment, Page 1 of 6 Kewaunee Power Station Request for Exemption from 10 CFR 20, Appendix G, Section III.E 1.0 EXEMPTION REQUEST Pursuant to 10 CFR 20.2301 Applications for exemptions, Kewaunee Solutions, Inc. (KS) requests an exemption from the requirement of Section III.E of 10 CFR 20, Appendix G, Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests, that any shipment, or part of a shipment, for which acknowledgement is not received within the times set forth in this section must be investigated by the shipper, with the results of the investigation filed with the NRC, if the shipper has not received notification or receipt within 20 days after transfer.

KS is requesting that the period of time to receive acknowledgement that a shipment has been received by the intended recipient be extended from 20 days to 45 days for radioactive waste shipments from the Kewaunee Power Station (KPS). The requested exemption would be applicable to KPS mixed mode shipments such as a combination of truck / rail shipments.

2.0 BACKGROUND

As discussed in the Justification section below, ample industry experience in shipping low-level radioactive waste in support of nuclear power plant decommissioning demonstrates that numerous rail shipments can take longer than 20 days, resulting in an excessive administrative burden due to required investigations and reporting. By extending the time for receipt notification to 45 days before requiring investigation and reporting, a reasonable upper limit on shipment duration is still maintained if a shipment is delayed.

3.0 BASIS FOR EXEMPTION REQUEST 10 CFR 20.2301 states that the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of the regulations of Part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. As discussed below, this exemption request satisfies the provisions of Section 20.2301.

1. The exemption is authorized by law There are no provisions in the Atomic Energy Act (or in any other federal statute) that impose a requirement to investigate and report to the NRC low-level radioactive waste shipments that have not been acknowledged by the intended recipient within 20 days after transfer. Therefore, there is no statutory prohibition on the issuance of the requested exemption, and the NRC is authorized to grant the exemption under law.

KS-2023-010 Attachment, Page 2 of 6

2. The exemption will not result in undue hazard to life or property The purpose of 10 CFR 20, Appendix G, Section III.E is to require licensees to investigate, trace, and report radioactive shipments that have not reached their destination within 20 days after transfer. For rail shipments, KS will utilize an electronic data tracking system that allows monitoring the progress of the shipments by the rail / road carrier on a daily basis. Additionally, the shipment will remain secured in the transportation package until the package can be delivered to the waste disposal site. As a result, granting an exemption to KS that extends the investigation window to 45 days for shipments of low-level radioactive waste to disposal facilities or waste processors results in no undue hazard to life or property.

4.0 TECHNICAL JUSTIFICATION FOR THE EXEMPTION 10 CFR 20, Appendix G, Section III.E requires that any shipment, or part of a shipment, be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer. It also requires that the shipment be traced and reported, and that a written report shall be filed with the appropriate NRC Regional Office within two weeks of completion of the investigation.

KS is beginning the process of active decommissioning of the KPS facility. Inherent to the decommissioning process, large volumes of slightly contaminated debris are generated and require off-site land disposal. KS will transport low-level radioactive waste from KPS to distant locations such as a waste disposal facility operated by EnergySolutions, LLC, in Clive, Utah.

Based on ample industry decommissioning experience, KS anticipates the total transit time between when a waste shipment leaves the KPS site until verification of receipt is received for the shipment at the waste disposal facility will, at times, exceed 20 days. The requested exemption is similar to several exemptions previously submitted and approved by the NRC for decommissioning projects located in the same midwestern geographic area as KPS: Omaha Public Power District for the Fort Calhoun Station in Nebraska in 2020 (Reference 1), LaCrosseSolutions, LLC for the La Crosse Boiling Water Reactor in Wisconsin in 2017 (Reference 2), and ZionSolutions, LLC for the Zion Nuclear Power Station in Illinois in 2014 (Reference 3). Each of these licensees received NRC approval to extend the shipping receipt time from 20 days to 45 days. Therefore, in this exemption KS is also requesting approval of the time period to receive notification of receipt by the intended recipient to be extended from 20 days to 45 days.

NRC documented that Licensees that have previously been granted these exemptions typically requested extension of the investigation notification window to 45 days using the justification that operating experience indicates that, while the 20-day receipt notification window is adequate for waste shipments by truck, other modes of shipment such as rail, barge, or mixed-mode shipments, such as combinations of truck and rail, barge and rail, and barge and truck shipments, may take more than 20 days to reach their destination due to delays in the route that are outside the shippers control (e.g., rail cars in switchyards waiting to be included in a complete train to the disposal facility) (Reference 4).

KS-2023-010 Attachment, Page 3 of 6 In addition, NRCs proposed rule for transition to decommissioning (Reference 5) includes allowing a 45-day window for notification of receipt of shipments of low-level radioactive waste (LLW). NRC states This increase from the current 20-day notification window is based on operating experience that shows that 45 days is an appropriate amount of time for notification of LLW shipments.

Disposal of KPSs low-level radioactive waste will require mixed mode (truck to rail) shipments to waste disposal facilities or processors. KPS does not have direct rail access on-site and will ship by road to a designated transfer terminal for transfer of containers/large components onto rail as the primary transport method. These road / rail shipments may sit on the rail spur at a remote railyard (e.g., waiting for a train to depart) and may add to shipping delays that extend the duration of shipments from KPS. In addition, administrative processes at the disposal facility and communication of receipt times could add several additional days. Some large components such as steam generators are expected to ship directly by truck to their disposal facility. Therefore, KS is requesting an extension to 45 days for receipt notification for mixed mode shipments from the disposal processing facility, consistent with that approved by other similarly situated decommissioning sites as stated above.

5.0 ENVIRONMENTAL CONSIDERATION

S Pursuant to the requirements of 10 CFR 51.21, Criteria for and identification of licensing and regulatory actions requiring environmental assessments, KS evaluated the requested exemption against the criteria for identification of licensing and regulatory actions requiring environmental assessments. It was determined that the requested exemption meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22, Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review, paragraph (c)(25), as shown below.

(i)

The exemptions involve no significant hazards consideration KS has evaluated the proposed exemption to determine whether a significant hazards consideration is involved by focusing on the three standards set forth in 10 CFR 50.92 as discussed below:

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

All spent fuel at KPS is maintained in dry fuel storage within an Independent Spent Fuel Storage Installation. In this configuration there are no accidents evaluated in the Defueled Safety Analysis Report. The proposed exemption involves changes to certain reporting requirements delineated in 10 CFR 20, Appendix G, Section III.E. The proposed change has no effect on any facility structures, systems, and components (SSCs) or their capability to perform design functions, and therefore would not increase the likelihood of malfunction of any facility SSC or affect the performance of any SSCs

KS-2023-010 Attachment, Page 4 of 6 relied upon to mitigate the consequences of any accident previously evaluated. The means by which SSCs are operated, maintained, modified, tested, or inspected are also not affected.

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

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

The proposed exemption does not involve a physical alteration of the facility, and no new or different types of SSCs will be installed, therefore there are no physical modifications to existing equipment that could result from the exemption. The proposed exemption does not involve modifications which could modify the way facility SSCs are operated and maintained and does not result in any changes to parameters within which the facility is normally operated and maintained.

Therefore, the proposed exemptions do not create the possibility of a new or different kind of accident from any previously evaluated.

3. Do the proposed exemptions involve a significant reduction in a margin of safety?

The proposed exemption from certain reporting requirements of 10 CFR 20, Appendix G, Section III.E is unrelated to any facility operation. As such, the exemption would not affect any remaining equipment of the facility.

Therefore, the proposed exemptions do not involve a significant reduction in a margin of safety.

Based on the above, KS concludes that the proposed exemption presents no significant hazards consideration, and, accordingly, a finding of no significant hazards consideration is justified.

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

The requested exemption to certain reporting requirements specified in 10 CFR 20, Appendix G, Section III.E will not result in changes to any facility SSCs or design functions associated with monitoring or limiting the release of effluents. There are no expected changes in the types, characteristics, or quantities of effluents discharged to the environment because of the exemption. The exemption would not introduce any materials or chemicals into the facility that could affect any of the amounts or types of effluents released offsite. Therefore, there is no change in the types or increase in the amounts of any effluents that may be released offsite.

KS-2023-010 Attachment, Page 5 of 6 (iii) There is no significant increase in individual or cumulative occupational radiation exposure.

The requested exemption proposes to revise certain reporting requirements delineated in 10 CFR 20, and as such does not result in any change to the consequences of accidents previously evaluated and does not involve any significant change in the types or amounts of effluents that may be released offsite, as evaluated above. The proposed reporting requirements contained within this exemption request do not result in any physical changes to the facility SSCs, the way they are operated or maintained, and does not involve a change to land use at the KPS site. Therefore, there is no significant increase in individual or cumulative public or occupational radiation exposure.

(iv) There is no significant construction impact.

The requested exemption involves a change to certain reporting requirements specified in 10 CFR 20, Appendix G, Section III.E, and does not result in any physical changes to the facility or the way any physical changes to the facility are performed. Therefore, there is no significant construction impact.

(v)

There is no significant increase in the potential for or consequences from radiological accidents.

See the no significant hazards considerations discussion in item (i) above. There is no significant increase in the potential for or consequences from radiological accidents.

(vi) The requirements from which exemptions are sought involve reporting requirements.

The purpose of the requested exemption is to modify certain reporting timeframe requirements in 10 CFR 20, Appendix G, Section III.E, which requires that any shipment, or part of a shipment, be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer. The required investigation includes tracing the shipment and filing a report with the nearest Commission Regional Office. Therefore, the requirement from which an exemption is sought involves reporting requirements.

Based on the above, KS concludes the requested exemption meets the eligibility criteria for categorial exclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b),

no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption request.

KS-2023-010 Attachment, Page 6 of 6 6.0 PRECEDENT As stated in Section 4.0 above, this requested exemption is similar to exemptions submitted and approved by the NRC for Fort Calhoun Station, La Crosse Boiling Water Reactor, and Zion Nuclear Power Station (References 1, 2, and 3). It is also similar to exemptions approved by NRC for several other licensees, including, most recently, the Oyster Creek Nuclear Generating Station (Reference 6).

7.0 CONCLUSION

The information provided gives the NRC sufficient basis for granting KS an exemption from 10 CFR 20, Appendix G, Section III.E. Under the exemption, KS would not be required to report a shipment from KPS which exceeded 20 days in accordance with 10 CFR 20, Appendix G, Section III.E unless a copy of the signed NRC Form 540 (or NRC Form 540A, if required) acknowledging receipt has not been received within 45 days of the shipment leaving the KPS facility. KS will request a daily update be provided for the location of the conveyance from the appropriate carriers. As a result, it will be unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or the KS staff.

8.0 SCHEDULE KS requests review and approval of this exemption request by December 1, 2023, to support site decommissioning and near-term shipping activities.

9.0 REFERENCES

1. Letter from J. D. Parrott (NRC) to M. J. Fisher (OPPD), Fort Calhoun Station, Unit No. 1 -

Exemption from 10 Code of Federal Regulation Part 20, Appendix G,Section III.E (EPID NO.

L-2020-LLE-0015), dated June 30, 2020 [ML20162A155]

2. Federal Register Notice 82 FR 21832 - LaCrosseSolutions, LLC; Dairyland Power Cooperative; La Crosse Boiling Water Reactor, dated May 2, 2017 [ML17124A210]

3. Federal Register Notice 80 FR 7035 - 10 CFR Part 20, Appendix G, Section III.E for Zion Nuclear Power Station, dated January 30, 2015 [ML15008A417]

4. SECY-18-0055, Enclosure 1 - Federal Register Notice, Proposed Rule - Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning, pages 157-160, dated May 22, 2018 [ML18012A022]

5. Federal Register Notice 87 FR 12254 - Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning, dated March 3, 2022

[ML22063A463]

6. Letter from M. V. Doell (NRC) to J. Fleming (Holtec International, LLC), Oyster Creek Nuclear Generating Station - Exemption from Title 10 of the Code of Federal Regulations Part 20, Appendix G,Section III.E (EPID NO. L-2022-LLE-0025), dated December 15, 2022

[ML22297A143]