ML24107A922
| ML24107A922 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/03/2024 |
| From: | Yoira Diaz-Sanabria Storage and Transportation Licensing Branch |
| To: | Constellation Energy Generation |
| Shared Package | |
| ML24107A918 | List: |
| References | |
| NRC-2024-0083, 89 FR 38921 2024-10044 | |
| Download: ML24107A922 (1) | |
Text
[7590- 01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 72-65, 50- 352, and 50- 353; NRC- 2024- 0083]
Constellation Energy Generation, LLC.;
Limerick Generating Station, Units 1 and 2;
Independent Spent Fuel Storage Installation;
Environmental Assessment and Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing an
environmental assessment (EA) and a finding of no significant impact (FONSI) for an
exemption request submitted by Constellation Energy Generation, LLC (Constellation)
that would permit the Limerick Generating Station (LGS) to maintain three loaded and to
load five new 89 multi- purpose canisters (MPC) with continuous basket shims (CBS) in
the HI-STORM Flood/Wind (FW) MPC Storage System at its LGS Units 1 and 2
Independent Spent Fuel Storage Installation (ISFSI) in a storage condition where the
terms, conditions, and specifications in the Certificate of Compliance (CoC) No. 1032,
Amendment No. 1 , Revision No. 1, are not met.
DATES: The EA and FONSI referenced in this document are available on May 8, 2024.
ADDRESSES: Please refer to Docket ID NRC- 2024- 0083 when contacting the NRC
about the availability of information regarding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal Rulemaking Webs ite: Go to https://www.regulations.gov and
search for Docket ID NRC-2024- 0083. Address questions about D ocket 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 (PDR) reference staff at 1- 800-397- 4209, at
301- 415- 4737, or by email to PDR. Resource@nrc.gov. For the convenience of the
reader, instructions about obtaining materials referenced in this document are provided
in the Availability of Documents section.
- 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: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555; telephone: 301- 415-6825; email: Christian.Jacobs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is reviewing an exemption request from Constellation, dated
April 5, 2024. Constellation is requesting an exemption, pursuant to section 72.7 of title
10 of the Code of Federal Regulations (10 CFR), in paragraphs 72.212(a)(2),
72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require Constellation to
comply with the terms, conditions, and specifications of the C oC No. 1032, Amendment
2 No. 1, Revision No. 1. If approved, the exemption would allow Constellation to maintain
three loaded and to load five new MPC CBS in the HI-STORM FW MPC Storage
System at the LGS ISFSI in a storage condition where the terms, conditions, and
specifications in the CoC No. 1032 , Amendment No. 1, Revision No. 1, are not met.
II. Environmental Assessment
=
Background===
The LGS is located in Limerick Township of Montgomery County, Pennsylvania,
1.7 miles (2.7 kilometers) southeast of the Borough of Pottstown. Unit 1 began operating
in 1986 and Unit 2 began operating in 1990 . Constellation has been storing spent fuel in
an ISFSI at the LGS under a general license as authorized by 10 CFR p art 72, subpart
K, General License for Storage of Spent Fuel at Power Reactor Sites. Constellation
currently uses the HI -STORM FW MPC Storage System under CoC No. 1032,
Amendment No. 1 , Revision No. 1, for dry storage of spent nuclear fuel in a specific
MPC (i.e., MPC-89) at the LGS ISFSI.
Description of the Proposed Action
The CoC is the NRC approved design for each dry cask storage system . The
proposed action would exempt the applicant 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 only as
these requirements pertain to the use of the MPC CBS in the HI-STORM FW MPC
Storage System for the three already loaded systems and the near-term planned loading
of five new canisters. The exemption would allow Constellation to maintain loaded and to
load five new MPC-89-CBS in the HI-STORM FW MPC Storage System at the LGS
ISFSI, despite the MPC CBS in the HI-STORM FW MPC Storage System not being
in compliance with the terms , conditions, and specifications in the CoC No. 1032 ,
Amendment No. 1 , Revision No. 1.
3 The HI-STORM FW MPC Storage System CoC provides the requirements,
conditions, and operating limits necessary for use of the system to store spent fuel.
Holtec International (Holtec), the designer and manufacturer of the HI -STORM FW MPC
Storage System, developed a variant of the design with CBS for the MPC-89, known as
MPC CBS. Holtec originally 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)). 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 was not the type of change allowed without a CoC
amendment. For this reason, the NRC issued three Severity Level IV violations to
Holtec. Prior to the issuance of the violations, Constellation had already loaded three
MPC CBS in a HI -STORM FW MPC Storage System, which are safely in storage on
the LGS ISFSI pad. Additionally, Constellation plans to load five new MPC CBS in
the HI-STORM FW MPC Storage System beginning in August 2024. This exemption
considers the storage of the already loaded systems and the near-term planned loading
of the five canisters with the CBS variant basket design.
Need for the Proposed Action
Constellation requested this exemption because Constellation is currently out of
compliance with NRC requirements, resulting from the previous loading of spent fuel into
a storage system with the CBS variant basket design. This exemption would allow three
already loaded MPC CBS in the HI -STORM FW MPC Storage System to remain in
storage at the LGS ISFSI. The applicant also requested the exemption in order to allow
the LGS to load five new MPC CBS in HI -STORM FW MPC Storage System at the
LGS ISFSI for the future loading campaign beginning in August 2024.
4 Approval of the exemption request would allow Constellation to effectively
manage the spent fuel pool margin and capacity to enable refueling and offloading fuel
from the reactor. It would also allow Constellation to effectively manage the availability of
the specialized workforce and equipment needed to support competing fuel loading and
operational activities at the LGS and other Constellation sites.
Environmental Impacts of the Proposed Action
This EA evaluates the potential environmental impacts of granting an exemption
from the terms, conditions, and specifications in CoC No. 1032 , Amendment No. 1 ,
Revision No. 1. The exemption would allow three loaded MPC CBS in the HI-STORM
FW MPC Storage System to remain loaded at the LGS ISFSI. The exemption also would
allow a near -term loading of five new MPC CBS in the HI -STORM FW MPC Storage
System and allow the MPC CBS to be maintained in storage at the LGS ISFSI.
The potential environmental impacts of storing spent nuclear fuel in NRC-
approved storage systems have been documented in previous assessments. On
July 18, 1990, the NRC amended 10 CFR part 72 to provide for the storage of spent fuel
under a general license in cask designs approved by the NRC. The EA for the 1990 final
rule analyzed the potential environmental impacts of using NRC-approved storage
casks. The EA for the HI-STORM FW MPC Storage System, CoC No. 1032,
Amendment No. 1 , Revision No. 1, published in 2015, tiers off of the EA issued for the
July 18, 1990, final rule. Tiering off earlier EAs is a standard process encouraged by
the regulations implementing the National Environmental Policy Act of 1969 (NEPA) that
entails the use of impact analyses of previous EAs to bound the impacts of a proposed
action where appropriate. The Holtec HI -STORM FW MPC Storage System is designed
to mitigate the effects of design basis accidents that could occur during storage.
Considering the specific design requirements for the accident conditions, the design of
5 the cask would prevent loss of containment, shielding, and criticality control. If there is
no loss of containment, shielding, or criticality control, the environmental impacts would
not be significant.
The exemptions requested by Constellation at the LGS site as they relate to CoC
No. 1032, Amendment No. 1 , Revision No. 1, for the HI -STORM FW MPC Storage
System are limited to the use of the CBS variant basket design only for the already
loaded three canisters and near-term planned loading of five canisters utilizing the CBS
variant basket design. The staff has determined that this change in the basket will not
result in either radiological or non-radiological environmental impacts that significantly
differ from the environmental impacts evaluated in the environmental assessment
supporting the issuance of CoC No. 1032, Amendment No. 1 , Revision No. 1. If the
exemption is granted, there will be no significant change in the types or amounts of any
effluents released, no significant increase in individual or cumulative public or
occupational radiation exposure, and no significant increase in the potential for or
consequences from radiological accidents. Accordingly, the Commission concludes that
there would be no significant environmental impacts associated with the proposed
action.
Alternative to the Proposed Action
The staff considered the no- action alternative. The no -action alternative (denial of
the exemption request) would require Constellation to unload spent fuel from the MPC-
89- CBS in the HI-STORM FW MPC Storage System to bring it in compliance with the
CoC terms, conditions, and specifications in the CoC No. 1032 , Amendment No. 1 ,
Revision No. 1. Unloading the cask would subject station personnel to additional
radiation exposure, generate additional contaminated waste, increase the risk of a
possible fuel handling accident, and increase the risk of a possible heavy load handling
6 accident. Furthermore, the removed spent fuel would need to be placed in the spent fuel
pool, where it would remain until it could be loaded into an approved storage cask. Delay
in the loading of this spent fuel into other casks could affect Constellations ability to
effectively manage the spent fuel pool capacity and reactor fuel offloading. Not allowing
the planned future loading campaign could also affect Constellations ability to manage
pool capacity, reactor fuel offloading, and refueling. It could also pose challenges to
spent fuel heat removal and impact the availability of the specialized workforce and
equipment needed to support competing fuel loading and operational activities at the
LGS and other Constellation sites. The NRC has determined that the no- action
alternative would result in undue potential human health and safety impacts that could
be avoided by proceeding with the proposed exemption, especially given that the staff
has concluded in NRCs Safety Determination Memorandum, issued with respect to the
enforcement action against Holtec regarding these violations, that fuel can be stored
safel y in the MPC-89-CBS canisters.
Agencies Consulted
The NRC provided the Pennsylvania Department of Environmental Protection
(PDEP) a copy of this draft EA for review by an email dated April 29, 2024. On May 1,
2024, PDEP provided its concurrence by email.
III. Finding of No Significant Impact
The environmental impacts of the proposed action have been reviewed in
accordance with the requirements in 10 CFR part 51, which implement NEPA. Based
upon the foregoing e nvironmental assessment, the NRC finds that the proposed action
of granting the exemption from the regulations in 10 CFR 72.212(a)(2), 72.212(b)(3),
72.212(b)(5)(i), 72.212(b)(11) and 72.214, which require the licensee to comply with the
terms, conditions, and specifications of the CoC, in this case limited to past and specific
7 future loadings of baskets with the CBS variant design, would not significantly impact the
quality of the human environment. Accordingly, the NRC has determined that a FONSI is
appropriate, and an environmental impact statement is not warranted.
IV. Availability of Documents
The documents identified in the following table are available to interested
persons through ADAMS, as indicated.
Document Description ADAMS Accession No. or Federal Register notice Constellations request for exemption , dated ML24096A137 April 5, 2024.
NRC issuance of Certificate of Compliance No.
1032, Amendment No. 1, Revision No. 1, dated ML15152A358 (Package)
May 29, 2015.
Holtec International, Inc. - Notice of Violation; The U.S. Nuclear Regulatory Commission Inspection ML24016A190 Report No. 07201014/2022- 201, EA- 23- 044, dated January 30, 2024.
10 CFR part 72 amendment to allow spent fuel 55 FR 29181 storage in NRC-approved casks, July 18, 1990 .
EA for part 72 amendment to allow spent fuel storage in NRC-approved casks, dated ML051230231 March 8, 1989.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Cask System CoC No. 1032 , 80 FR 14291 Amendment No. 1, Revision 1, dated March 19, 2015.
NRC Safety Determination of a Potential Structural Failure of the Fuel Basket During Accident Conditions for the HI-STORM 100 and HI-STORM ML24018A085 Flood/Wind Dry Cask Storage Systems, dated January 31, 2024.
NRC email to PDEP requesting review of EA/FONSI for LGS Exemption, dated April 29, ML24122C670 2024.
8 Email response from PDEP regarding EA/FONSI ML24122C674 for LGS Exemption, dated May 1, 2024.
Dated: May 3, 2024 .
For the Nuclear Regulatory Commission.
/RA/
Yoira Diaz-Sanabria, Chief, Storage and Transportation Licensing Branch ,
Division of Fuel Management, Office of Nuclear Material Safety and Safeguards .
9