ML23166B083

Independence Spent Fuel Storage Installation - Issuance of Exemption

ML23166B083
Person / Time
Site:	Palo Verde, 07201031
Issue date:	07/05/2023
From:	Yoira Diaz-Sanabria Storage and Transportation Licensing Branch
To:	Meeden A Arizona Public Service Co (Formerly Arizona Nuclear)
Shared Package
ML23166B082	List: ML23166B083 ML23166B084 ML23166B085
References
CAC 001028, EPID L-2023-LLE-0015
Download: ML23166B083 (4)

Text

July 5, 2023 Alfred Meeden Vice President, Nuclear Engineering Palo Verde Nuclear Generating Station P.O. Box 52034, MS 7602 Phoenix, AZ 85072-2034

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION ISSUANCE OF EXEMPTION

Dear Alfred Meeden:

This is in response to your letter dated May 23, 2023 (Agencywide Documents Access and Management System (ADAMS) No. ML23143A391), 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 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, Arizona Public Service Company (APS) 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) that 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 (ISFSI) general licensee. These provisions require storage of spent nuclear fuel under a general license in dry storage casks approved under 10 CFR Part 72.

APS uses NACs MAGNASTOR storage cask utilizing Certificate of Compliance No. 1031, Amendment No. 7 for dry storage of spent fuel assemblies at the Palo Verde ISFSI. APS stated that it has 10 casks to be loaded using storage 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 U.S. Nuclear Regulatory Commission (NRC) staff reviewed APSs exemption request for the Palo Verde 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 APS 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 numbers 176 through 185 at the Palo Verde ISFSI with storage cask lids that have not been shown to be fabricated in accordance with ACI 349 and ACI 318. In addition, this exemption is

A. Meeden conditioned to include the following controls for the concrete used in the concrete cask lid from Technical Specification A4.2:

The concrete shall, at minimum, be a commercial grade ready-mix type that can develop a density of 140 pounds per cubic foot (pcf).

The concrete mix and batching should meet the purchasers requirement for density and any additional purchaser-indicated attributes, such as air content, as allowed by the ASTM International, Standard ASTM C94, Standard Specification for Ready-Mixed Concrete.

The density of the concrete can be verified by either test method ASTM C138, Standard Test Method for Density (Unit Weight), Yield, and Air Content (Gravimetric) of Concrete, or an approved shop fabrication procedure by following the equation for density, where density is equal to weight divided by volume. The shop procedure shall include steps to weigh the lid before and after concrete placement and in calculating the actual volume of the cavity to be filled with a record of the weight of concrete placed into the cavity.

The concrete placement shall be in a dry and clean cavity or form with procedures and equipment that ensure the concrete placed is thoroughly consolidated and worked around any reinforcement and/or embedded fixtures and into the corners of the cavity or form.

The concrete shall be protected from the environment during curing to minimize development of cracks by one or more of various methods such as moist cure or liquid membrane forming chemicals. Type II Portland cement may be substituted by an alternate cement type for the concrete if the above density requirement can be met.

In accordance with 10 CFR Part 2 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room (PDR) 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. The PDR 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.

A. Meeden If you have any questions, please contact me at 301-415-8064, or Nishka Devaser of my staff, at 301-415-5196.

Sincerely, White, Bernard signing on behalf of Diaz-Sanabria, Yoira on 07/05/23 Yoira K. Diaz-Sanabria, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards CAC No. 001028 Docket Nos.: 72-1031, 72-44 EPID No.: L-2023-LLE-0015

Enclosure:

Safety Evaluation Report

ML23166B082 (PKG), ML23166B083 (LTR), ML23166B084 (SER),

ML23166B085 (FRN)

OFFICE NMSS NMSS NMSS NMSS NMSS ASotomayor-NAME NDevaser WWheatley SSamaddar CSydnor Rivera DATE 6/22/2023 6/23/2023 6/22/2023 6/23/2023 6/23/2023 OFFICE NMSS NMSS NMSS NMSS NMSS BWhite for NAME MLearn TBoyce NJordan DJohnson YDiaz-Sanabria DATE 6/23/2023 6/27/2023 6/27/2023 6/26/2023 7/5/2023