ML24103A117
| ML24103A117 | |
| Person / Time | |
|---|---|
| Site: | Perry, 07200069  |
| Issue date: | 05/09/2024 |
| From: | Christian Jacobs Storage and Transportation Licensing Branch |
| To: | Vistra Operations Company |
| Shared Package | |
| ML24103A129 | List: |
| References | |
| 89 FR 45211, NRC-2024-0082 | |
| Download: ML24103A117 (13) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-69 and 50-440; NRC-2024-0082]
Vistra Operations Company LLC.;
Perry Nuclear Power Plant, Unit 1;
Independent Spent Fuel Storage Installation;
Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) issued an exemption to
Vistra Operations Company LLC 1 permitting Perry Nuclear Power Plant (Perry) to load
the Holtec 89 position multi-purpose canister with continuous basket shims in
HI-STORM Flood/Wind Multipurpose Canister Storage System at its Perry Unit 1
Independent Spent Fuel Storage Installation in a storage condition where the terms,
conditions, and specifications in the Certificate of Compliance No. 1032, Amendment
No. 5 are not met.
DATES: The exemption was issued on May 8, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0082 when contacting the NRC
about the availability of information regar ding this document. You may obtain publicly
available information related to this document using any of the following methods:
1 Effective March 1, 2024, the facility operating license for Perry Nuclear Power Plant was transferred from Energy Harbor Nuclear Generation LLC (owner) and Energy Harbor Nuclear Corp. (operator) to Energy Harbor Nuclear Generation LLC (owner) and Vistra Operations Company LLC (ADAMS Package Accession No. ML24057A092). Upon completion of this license transfer, Vistra Operations Company LLC assumed the responsibility for all licensing actions under NRC review at the time of the transfer and requested that the NRC continue its review of these actions (ADAMS Accession No. ML24054A498).
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2024-0082. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@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 (P DR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number
for each document referenced (if it is available in ADAMS) is provided the first time that it
is mentioned in this document.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. 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 a.m. and 4 p.m. eastern time (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;
telephone: 301-415-6577; email: Bernard.White@nrc.gov.
2 SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: May 9, 2024.
For the Nuclear Regulatory Commission.
/RA/
Christian Jacobs, Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.
3 Attachment - Exemption
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-69, and 50-440; NRC-2024-0082]
Vistra Operations Company LLC;
Perry Nuclear Power Plant, Unit 1;
Independent Spent Fuel Storage Installation;
I. Background
Vistra Operations Company LLC (VistraOps) is the holder of Facility Operating
License No. NPF-58, which authorizes operation of the Perry Nuclear Power Plant, Unit
1 (Perry) in North Perry, Ohio, pursuant to part 50 of Title 10 of the Code of Federal
Regulations (10 CFR), Domestic Licensing of Production and Utilization Facilities. The
license provides, among other things, that the fa cility is subject to all rules, regulations,
and orders of the U.S. Nuclear Regulatory Commission (NRC) now or hereafter in effect.
Consistent with 10 CFR part 72, subpart K, General License for Storage of
Spent Fuel at Power Reactor Sites, a general license is issued for the storage of spent
fuel in an Independent Spent Fuel Storage Installation (ISFSI) at power reactor sites to
persons authorized to possess or operate nuclear power reactors under 10 CFR part 50.
VistraOps is authorized to operate nuclear power reactors under 10 CFR part 50 and
holds a 10 CFR part 72 general license for storage of spent fuel at the Perry ISFSI.
Under the terms of the general license, VistraOps stores spent fuel at its Perry ISFSI
using the HI-STORM Flood/Wind (F/W) Multi purpose Canister (MPC) Storage System in
accordance with Certificate of Compliance (CoC) No. 1032, Amendment No. 5.
4 II. Request/Action
By a letter dated February 27, 2024 (Agencywide Documents Access and
Management System [ADAMS] ML24058A180), by Energy Harbor Nuclear Corporation 1
and supplemented by VistraOps on March 22, 2024 (ML24082A132), VistraOps
requested an exemption from the requirements of 10 CFR §§ 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require Perry to comply with the terms,
conditions, and specifications of the CoC No. 1032, Amendment No. 5 (ML20163A701).
If approved, the VistraOps exemption request would accordingly allow Perry to load two
Multi-Purpose Canisters (MPC) with an unapproved variant basket design with
continuous basket shims (CBS) (i.e., MPC-89-CBS), in the HI-STORM F/W MPC
Storage System beginning in August, 2024, and thus, to load the systems in a storage
condition where the terms, conditions, and specifications in the CoC No. 1032,
Amendment No. 5 are not met.
VistraOps currently uses the HI-STORM F/W MPC Storage System under CoC
No. 1032, Amendment No. 5, for dry storage of spent nuclear fuel at the Perry ISFSI.
Holtec International (Holtec), the designer and manufacturer of the HI-STORM F/W MPC
Storage System, developed a variant of the design with CBS for the MPC-89, known as
MPC-89-CBS. Holtec performed a non-mechanist ic tip-over analysis with favorable
results and implemented the CBS variant design under the provisions of 10 CFR 72.48,
Changes, tests, and experiments, which allows licensees to make changes to cask
designs without a CoC amendment under certain conditions (listed in 10 CFR 72.48(c)).
1 Effective March 1, 2024, the facility operating license for Perry Nuclear Power Plant was transferred from Energy Harbor Nuclear Generation LLC (owner) and Energy Harbor Nuclear Corp. (operator) to Energy Harbor Nuclear Generation LLC (owner) and Vistra Operations Company LLC (ADAMS Accession No. ML24057A075). Upon completion of this license transfer, Vistra Operations Company LLC (VistraOps) assumed the responsibility for all licensing actions under NRC review at the time of the transfer and requested that the NRC continue its review of these actions (ADAMS Accession No. ML24054A498).
5 After evaluating the specific changes to the cask designs, the NRC determined that
Holtec erred when it implemented the CBS variant design under 10 CFR 72.48, as this is
not the type of change allowed without a CoC amendment. For this reason, the NRC
issued three Severity Level IV violations to Holtec (ML24016A190).
VistraOpss near-term loading campaign for the Perry ISFSI, in addition to other
loadings of non-CBS MPCs, also includes plans to load two MPC-89-CBS in the HI-
STORM F/W MPC Storage System in August 2024. While Holtec was required to submit
a CoC amendment to the NRC to seek approval of the CBS variant design, such a
process will not be completed in time to inform decisions for this near-term loading
campaign. Therefore, VistraOps submitted this exemption request in order to allow for
the future loadings of the two MPC-89-CBS canisters beginning in August 2024 at the
Perry ISFSI. This exemption is limited to the use of two MPC-89-CBS in the HI-STORM
F/W MPC Storage System for the specific near-term planned loading beginning in
August 2024.
III. Discussion
Pursuant to 10 CFR 72.7, Specific exemptions, the Commission may, upon
application by any interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations of 10 CFR part 72 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.
A. The Exemption is Authorized by Law
This exemption would allow VistraOps to load two MPC-89-CBS canisters in the
HI-STORM F/W MPC Storage System beginning in August 2024 at its Perry ISFSI in a
storage condition where the terms, conditions, and specifications in the CoC No. 1032,
Amendment No. 5, are not met. VistraOps is requesting an exemption from the 6
provisions in 10 CFR part 72 that require the licensee to comply with the terms,
conditions, and specifications of the CoC fo r the approved cask model it uses. Section
72.7 allows the NRC to grant exemptions from the requirements of 10 CFR part 72. This
authority to grant exemptions is consistent with the Atomic Energy Act of 1954, as
amended, and is not otherwise inconsistent with NRCs regulations or other applicable
laws. Additionally, no other law prohibits the activities that would be authorized by the
exemption. Therefore, the NRC concludes that there is no statutory prohibition on the
issuance of the requested exemption, and t he NRC is authorized to grant the exemption
by law.
B. The Exemption Will Not Endanger Life or Property or the Common Defense
and Security
This exemption would allow VistraOps to load two MPC-89-CBS in the HI-
STORM F/W MPC Storage System beginning in August 2024 at the Perry ISFSI in a
storage condition where the terms, conditions, and specifications in the CoC No. 1032,
Amendment No.5 are not met. In support of its exemption request, VistraOps asserts
that issuance of the exemption would not endanger life or property because a tip-over or
handling event is administratively controlled, and that the containment boundary would
be maintained in such an event. VistraOps relies, in part, on the approach in the NRCs
Safety Determination Memorandum (ML24018A085). The NRC issued this Safety
Determination Memorandum to address whether, with respect to the enforcement action
against Holtec regarding this violation, there was any need to take an immediate action
for the cask systems that were already loaded with non-compliant basket designs. The
Safety Determination Memorandum documents a risk-informed approach concluding
that, during the design basis event of a non-mechanistic tip-over, the fuel in the basket in
the MPC-89-CBS remains in a subcritical condition.
7 VistraOps also provided site-specific te chnical information, as supplemented,
including information explaining why the use of the approach in the NRCs Safety
Determination Memorandum is appropriate for determining the safe use of the CBS
variant baskets at the Perry ISFSI. Specifically, VistraOps described that the analysis of
the tip-over design basis event that is re lied upon in the NRCs Safety Determination
Memorandum, which demonstrates that the MPC confinement barrier is maintained, is
documented in the updated final safety analysis report (UFSAR) for the HI-STORM F/W
MPC Storage System CoC No. 1032, Amendment No. 5 that is used at the Perry site.
VistraOps also described its administrative controls for handling of the HI-STORM F/W
MPC Storage System at the Perry ISFSI to prevent a tip-over or handling event. Those
controls include ensuring that all lifts of the cask will be conducted in accordance with
Perry's existing heavy load program. The fuel handling building crane at Perry was
upgraded to single failure proof. Also, evaluations pursuant to 10 CFR 50.59, Changes,
tests and experiments, have been performed demonstrating that heavy load lifts and the
use of the HI-STORM F/W MPC Storage System are in compliance with Perrys existing
heavy load requirements. In addition, transportation of a loaded HI-STORM F/W MPC
Storage System into and out the fuel handling building is accomplished using a zero
profile transporter with Hilman rollers that provides support from underneath. The
applicant stated that transportation of a loaded HI-STORM storage cask between the
fuel handling building and the ISFSI is accomplished by the Holtec HI-TRAN, which
meets the requirements of CoC No. 1032, Amendment No. 5. VistraOps provided
information from Perry Nuclear Power Plant 10 CFR 72.212 Evaluation Report,"
Revision 2, which evaluated the seismic stability of the transport of the overpack and
during stackup. VistraOps report concluded that both HI-STORM/HI-TRAC Stackup
8 and transfer of the loaded HI-STORM overpack by HI-TRAN remains kinematically
stable and does not overturn during a seismic event.
Additionally, VistraOps provided specific in formation from Perrys site evaluation
from its Perry Nuclear Power Plant 10 CFR 72.212 Evaluation Report, Revision 2,
which states that during the design basis event of a non-mechanistic tip-over, Perrys
ISFSI would meet the requirements in 10 CFR 72.106, Controlled area of an ISFSI or
MRS [monitored retrievable storage installation]. Specifically, VistraOps stated that
section 12.2 of the UFSAR for the HI-STORM F/W MPC Storage System shows that
there are no accidents that significantly affect the shielding analyses. In addition, the
minimum distance from the ISFSI to the site boundary at the Perry ISFSI is 428 meters,
compared to the 100-meter distance in the UFSAR. In the highly unlikely event of a tip-
over, any potential fuel damage from a non-mechanistic tip-over event would be
localized, the confinement barrier would be maintained, and the storage cask shielding
material would remain intact. Coupled with the distance of the Perry ISFSI to the site
area boundary, VistraOps concluded that compliance with §§ 72.104, Criteria for
radioactive materials in effluents and direct radiation from an ISFSI or MRS, and 72.106
is not impacted by approving this exemption request.
The NRC staff reviewed the information provided by VistraOps and concludes
that issuance of the exemption would not endanger life or property because the
administrative controls VistraOps has in plac e at the Perry ISFSI sufficiently minimize
the possibility of a tip-over or handling event, and that the containment boundary would
be maintained if such an event were to occur. The staff confirmed that the technical
specifications for the CoC No. 1032, Amendment No. 5, for the HI-STORM F/W MPC
Storage System used at the Perry site contain restrictions on lifting the transfer cask or
storage cask when loaded with fuel. Specifically, technical specification 5.2.c.2
9 authorizes lifting to any height as long as the horizontal cross beam and any lifting
attachments used to connect the load to the lifting equipment are designed, fabricated,
operated, tested, inspected, and maintained in accordance with applicable sections and
guidance of NUREG-0612, Control of Heavy Loads at Nuclear Power Plants: Resolution
of Generic Technical Activity A-36, Section 5.1, including applicable stress limits from
American National Standards Institute N14.6, Radioactive Materials - Special Lifting
Devices For Shipping Containers Weighing 10 000 Pounds (4500 Kg) Or More. In
addition, the staff confirmed that the information provided by VistraOps regarding
Revision 2 of the Perry Nuclear Power Plant 10 CFR 72.212 Evaluation Report,"
demonstrates that the consequences of normal and accident conditions would be within
the regulatory limits of the 10 CFR 72.104 and 10 CFR 72.106. The staff also
determined that the requested exemption is not related to any aspect of the physical
security or defense of the Perry ISFSI; therefore, granting the exemption would not result
in any potential impacts to common defense and security.
For these reasons, the NRC staff has determined that under the requested
exemption, the storage system will continue to meet the safety requirements of 10 CFR
part 72 and the offsite dose limits of 10 CFR part 20 and, therefore, will not endanger life
or property or the common defense and security.
C. The Exemption is Otherwise in the Public Interest
The proposed exemption would allow VistraOps to load two MPC-89-CBS in the HI-
STORM F/W MPC Storage System in August 2024, at the Perry ISFSI, even though the
CBS variant basket design is not part of the approved CoC No. 1032, Amendment No. 5.
According to VistraOps, the exemption is in the public interest because not being able to
load fuel into the two MPC-89-CBS baskets during the August 2024 loading campaigns
10 would impact VistraOpss ability at Perry to maintain full-core offload capability,
consequently increasing risk and challenges to continued safe reactor operation.
VistraOps stated that to delay the August 2024 loading of the two MPC-89-CBS
baskets at Perry would impact the ability to maintain a healthy margin in the spent fuel
pool in support of a full-core discharge capability. VistraOps stated that not loading the
two MPC-89-CBS spent fuel canisters for storage on the ISFSI pad in August 2024,
decreases the margin to full-core offload to 555 open cells in the spent fuel pool. There
are two refueling outages planned for 2025 and 2027 that would decrease the full-core
offload margin to an insufficient number of open fuel cells (a deficit of 25 open cells) due
to the planned discharges of 288 and 292 fuel bundles, respectively. That is, the Perry
spent fuel pool would lose full-core offload in 2027 and would not regain full-core offload,
and margin to full-core offload, until the 2028 spent fuel loading campaign. Having no
full-core offload capability for over a year of operation at Perry is an unnecessary risk to
the operation of the plant, spent fuel pool inventory and operations. In order to regain
full-core offload prior to the 2028 spent fuel loading campaign, non-fuel components
stored in the pool would need to be relocated, which involves additional resources, dose,
and risk to perform the relocations.
For the reasons described by VistraOps in its exemption request, the NRC
agrees that it is in the public interest to grant the exemption. If the exemption is not
granted, in order to comply with the CoC, VistraOps would have to keep spent fuel in the
spent fuel pool if it is not permitted to be loaded into casks in the August 2024 spent fuel
loading, thus impacting Perrys ability to effectively manage the margin for full-core
discharge capacity. As explained by VistraOps, increased inventory of fuel in the spent
fuel pool could result in the need for relocation or movement of non-fuel components
and, therefore, an increase in worker doses and the potential for accidents that
11 accompany increased movement of radioactive material. Moreover, should spent fuel
pool capacity be reached, the ability to refuel the operating reactor unit is challenged,
thus potentially impacting continued reactor operations.
Therefore, the staff concludes that approving the exemption is in the public
interest.
Environmental Consideration
The NRC staff also considered whether there would be any significant
environmental impacts associated with the exemption. For this proposed action, the
NRC staff performed an environmental asse ssment pursuant to 10 CFR 51.30. The
environmental assessment concluded that the proposed action would not significantly
impact the quality of the human environment. The NRC staff concluded that the
proposed action would not result in any changes in the types or amounts of any
radiological or non-radiological effluents that may be released offsite, and there would be
no significant increase in occupational or public radiation exposure because of the
proposed action. The environmental assessment and the finding of no significant impact
was published on May 8, 2024 (89 FR 38926).
IV. Conclusion
Based on these considerations, 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 grants VistraOps an exemption from the requirements of §§ 72.212(a)(2),
72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 with respect to the loading of
two HI-STORM F/W MPC Storage System in MPC-89-CBS beginning in August 2024.
12 This exemption is effective upon issuance.
Dated: May 8, 2024.
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria, Chief, Storage and Transportation Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.
13