ML15265A017

Letter to S. L. Batson Exemption from Certain Provisions of 10 CFR 72.212 and 72.214-Storage of Standardized Nuhoms Dry Shielded Canisters at Oconee Nuclear Station Independent Spent Fuel Storage Installation (TAC No. L24946)

ML15265A017
Person / Time
Site:	Oconee, 07200040, 07201004
Issue date:	09/17/2015
From:	Michele Sampson Spent Fuel Licensing Branch
To:	Batson S Duke Energy Carolinas
Vera J
Shared Package
ML15265A016	List: ML15265A017 ML15265A022
References
TAC L24946
Download: ML15265A017 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 17, 2015

Mr. Scott L. Batson Site Vice President, Oconee Nuclear Station

Duke Energy ONO1VP / 7800 Rochester Hwy Seneca, SC 29672

SUBJECT:

EXEMPTION FROM CERTAIN PROVISIONS OF 10 CFR 72.212 AND 72.214 - STORAGE OF STANDARDIZED NUHOMS DRY SHIELDED CANISTERS AT OCONEE NUCLEAR STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO. L24946)

Dear Mr. Batson:

This is in response to your letter dated August 28, 2014, supplemented December 8, 2014, requesting an exemption from Title 10 Code of Federal Regulations (CFR) 72.212(b)(3), 10 CFR 72.212(b)(5)(i), and 72.212(b)(11), pursuant to 10 CFR 72.7 for the Oconee Nuclear Station Independent Spent Fuel Storage Installation (ISFSI). These regulations specifically require storage in casks approved under the provisions of 10 CFR Part 72, and compliance with the conditions set forth in the certificate of compliance (CoC) for each dry spent fuel storage cask used by an independent spent fuel storage installation (ISFSI) general licensee. As described in the attached exemption, the U.

S. Nuclear Regulatory Commission (NRC) has identified and analyzed additional requirements for which an exemption would be required for the proposed action, under 10 CFR 72.212(a)(2), and 72.214.

Duke Energy has been loading spent fuel in TN Standardized NUHOMS System 24PHB dry storage canisters (DSCs) for storage in the ISFSI at Oconee Nuclear Station under CoC No. 1004, Amendment No. 9, as authorized by the general license provisions of 10 CFR Part 72. The Transnuclear, Inc. (TN) Standardized NUHOMS system CoC No. 1004 specifies requirements, conditions, and operating limits in Attachment A, Technical Specifications (TS Duke requested an exemption from TS 1.2.4a of Attachment A of CoC No. 1004, which limits the leak rate of the inner seal weld less than or equal to 1.0 x 10

-7 reference cubic centimeters per second at the highest DSC limiting pressure, for DSCs numbers 93, 94, 100, 105, and 106 at the Oconee Nuclear Station ISFSI.

For this action, an Environmental Assessment and Finding of No Significant Impact has been prepared and published in the Federal Register (80 FR 53350, dated September 3, 2015). A copy of the Federal Register Notice was provided to you by letter dated August 17, 2015.

The NRC staff reviewed Duke's exemption request, and details of the review are included in the enclosed exemption, which will be published in the Federal Register. Based on the NRC staff's evaluation of your exemption request, the NRC staff 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 an exemption from the requirements in 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i),

72.214, and the portion of 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, so that Duke may continue to store DSCs numbers 93, 94, 100, 105, and 106 in their as loaded condition at the Oconee Nuclear Station ISFSI. This exemption is effective upon issuance.

In accordance with 10 CFR 2.390, "Public Inspections, Exemptions, Requests for Withholding,"

of the NRC's "Agency Rules of Practice and Procedure," 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 NRC's ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions, please contact me at (301) 415-7493, or John Vera of my staff, at (301) 415-5790. Any future correspondence related to this action should reference Docket Nos. 72-1004, 72-40, 50-269, 50-270 and 50-287 and TAC No. L24946.

Sincerely,

/RA/

Michele Sampson, Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards

Docket No. 72-1004, 72-40, 50-269, 50-270 and 50-287

TAC No. L24946

Enclosure:

Exemption

cc w/encl: See attached list

The NRC staff reviewed Duke's exemption request, and details of the review are included in the enclosed exemption, which will be published in the Federal Register. Based on the NRC staff's evaluation of your exemption request, the NRC staff 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 an exemption from the requirements in 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.214, and the portion of 72.212(b)(11) that states the licensee shall comply with the terms, conditions, and specifications of the CoC, so that Duke may continue to store DSCs numbers 93, 94, 100, 105, and 106 in their as loaded condition at the Oconee Nuclear Station ISFSI. This exemption is effective upon issuance.

In accordance with 10 CFR 2.390, "Public Inspections, Exemptions, Requests for Withholding," of the NRC's "Agency Rules of Practice and Procedure," a copy of this lette r will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRC's ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. If you have any questions, please contact me at (301) 415-7493, or John Vera of my staff, at (301) 415-5790. Any future correspondence related to this action should reference Docket Nos. 72-1004, 72-40, 50-269, 50-270 and 50-287 and TAC No. L24946.

Sincerely, /RA/

Michele Sampson, Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards

Docket No. 72-1004, 72-40, 50-269, 50-270 and 50-287 TAC No. L24946

Enclosure:

Exemption

cc w/encl: See attached list Distribution

SFST r/f MLombard AHsia DMarcano RMcCullum/NEI RCarrion/RII VMcCree/RII ECrow/RII SWalker/RII RHall/NRR Note: This letter closes out TAC No. L24946.

G:\SFST\JV\Duke Exemption Request\Exemption Letter to Duke.doc G:\SFST\JV\Duke Exemption Request\Ex Doc.docx ADAMS P8 No.: ML15265A016 Ltr: ML15265A017 Encl: ML15265A022 OFC: SFM SFM SFM SFM SFM NAME: JVera SEverard JPiotter CAraguas WWheatley DATE: 4/28/15 4/29/15 5/6/15 5/8/15 4/28/15 OFC: OGC NLO SFM SFM NAME: DLenehan MSampson DATE: 8/13/15 9/17/15 OFFICIAL RECORD COPY LETTER FOR OCONEE EXEMPTION

Mr. Donis Shaw Transnuclear, Inc.

7135 Minstrel Way Columbia, MD 21045

Stephen Newman Oconee Nuclear Station Duke Energy 7800 Rochester Hwy

Seneca, SC 29672