ML22111A284

Independence Spent Fuel Storage Installation - Issuance of Exemption

ML22111A284
Person / Time
Site:	Palo Verde, 07201031
Issue date:	05/13/2022
From:	Yoira Diaz-Sanabria Storage and Transportation Licensing Branch
To:	Harbor C Arizona Public Service Co
B White NMSS/DFM/STLB 301-415-6577
Shared Package
ML22111A282	List: ML22111A284
References
EPID L-2022-LLE-0013
Download: ML22111A284 (4)

Text

May 13, 2022 Cary Harbor Vice President, Nuclear Regulatory and Oversight Arizona Public Service Company 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 Cary Harbor:

This is in response to your letter dated March 31,2022 (Agencywide Documents Access and Management System (ADAMS) No. ML22090A098), as supplemented on April 28, 2022 (ADAMS Accession No. ML22118B162), 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),

which requires storage of spent nuclear fuel under a general license in dry storage casks approved under the provisions of 10 CFR Part 72, and 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.

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 13 loaded storage casks and 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 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

C. Harbor casks with vertical concrete cask numbers 153 through 175 at the Palo Verde ISFSI in storage cask lids that have not been shown to be fabricated in accordance with ACI 349, and ACI 318.

In accordance with 10 CFR 2.390 of the U.S. Nuclear Regulatory Commissions (NRCs) Rules of Practice, 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 the NRCs document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions, please contact me at (301) 415-8064, or Bernard White of my staff, at (301) 415-6577.

Sincerely, Signed by Diaz-Sanabria, Yoira on 05/13/22 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, 50-528, 50-529, and 50-530 EPID No.: L-2022-LLE-0013

Enclosure:

Safety Evaluation Report

C. Harbor

SUBJECT:

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

May 13, 2022 DISTRIBUTION:

S. Helton, NMSS G. Warnick, RIV RidsNrrPMPaloVerde Resource J. Dixon, RIV M. Lindsay, Palo Verde Sr. Resident Inspector N. Cuevas, Palo Verde. Resident Inspector E. Lantz, Palo Verde. Resident Inspector Closes out EPID L-2022-LLE-0013 Package: ML22111A282 (Pkg) ML22111A284 (Ltr) ML22111A283 (SER)

OFFICE NMSS NMSS NMSS NMSS NMSS ASotomayor- DDunn for NAME BWhite WWheatley SSamaddar Rivera CSydnor DATE 04/29/2022 04/29/2022 05/02/2022 04/29/2022 05/02/2022 OFFICE NMSS NMSS NMSS NMSS NMSS MDiaz- YDiaz-NAME MLearn TBoyce HGonzalez Maldonado Sanabria DATE 04/29/2022 05/02/2022 05/03/2022 05/03/2022 05/13/2022 OFFICIAL RECORD COPY

ML22111A282; Ltr ML22111A284 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/NARAB NRR/DEX/ESEB ASotomayor-Rivera NAME BWhite BW WWheatley WW SSamaddar SS AS DATE Apr 29, 2022 Apr 29, 2022 Apr 29, 2022 May 2, 2022 OFFICE NRR/DNRL/NVIB NMSS/DFM/IOB NMSS/DFM/FFLB NRR/DNRL/NVIB CSydnor NAME MLearn ML MDiaz MD HGonzalez HG DDunn for DD DATE May 2, 2022 Apr 29, 2022 May 3, 2022 May 3, 2022 OGC/GCRPS OFFICE NMSS/DFM/MSB NMSS/DFM/STLB

/HLWFCNS/NLO NAME TBoyce TB ACoggins AC YDiaz-Sanabria YD DATE May 2, 2022 May 13, 2022 May 13, 2022