80 FR 53347 - ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 Independent Spent Fuel Storage Installation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 171 (September 3, 2015)

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a request submitted by ZionSolutions on August 25, 2014, to its general license to operate an independent spent fuel storage installation (ISFSI) at the Zion Nuclear Power Station (ZNPS). The exemption permits ZionSolutions to deviate from the requirements in Certificate of Compliance No. 1031, Amendment No. 3, Appendix A, Technical Specifications and Design Features for the Modular Advanced Generation Nuclear All-purpose STORage (MAGNASTOR[supreg]) System, Section 5.7, Training Program. ZionSolutions is currently loading MAGNASTOR[supreg] storage casks and maintains that relief from certain training requirements will reduce costs associated with applying a more complex and labor intensive training process than required by regulation.

[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53347-53350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21794]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295, 50-304, and 72-1037; NRC-2015-0190]


ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 
Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a request submitted by ZionSolutions on August 
25, 2014, to its general license to operate an independent spent fuel 
storage installation (ISFSI) at the Zion Nuclear Power Station (ZNPS). 
The exemption permits ZionSolutions to deviate from the requirements in 
Certificate of

[[Page 53348]]

Compliance No. 1031, Amendment No. 3, Appendix A, Technical 
Specifications and Design Features for the Modular Advanced Generation 
Nuclear All-purpose STORage (MAGNASTOR[supreg]) System, Section 5.7, 
Training Program. ZionSolutions is currently loading MAGNASTOR[supreg] 
storage casks and maintains that relief from certain training 
requirements will reduce costs associated with applying a more complex 
and labor intensive training process than required by regulation.

DATES: Notice of issuance of exemption given on September 3, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0190 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0190. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document. Some documents referenced are located in the NRC's ADAMS 
Legacy Library. To obtain these documents, contact the NRC's PDR for 
assistance.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John Vera, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington 
DC 20555-0001; telephone: 301-415-5790; email: [email protected].

I. Background

    In February 1998, ZNPS, Units 1 and 2, were permanently shut down. 
On February 13, 1998, Commonwealth Edison Company, the ZNPS licensee at 
that time, submitted a letter certifying the permanent cessation of 
operations at ZNPS, Units 1 and 2. On March 9, 1998, Commonwealth 
Edison Company submitted a letter certifying the permanent removal of 
fuel from the reactor vessels at ZNPS. On May 4, 2009, the NRC issued 
the order to transfer the ownership of the permanently shut down ZNPS 
facility and responsibility for its decommissioning to ZionSolutions. 
This transfer was effectuated on September 1, 2010. ZionSolutions was 
established solely for the purpose of acquiring and decommissioning the 
ZNPS facility for release for unrestricted use, while transferring the 
spent nuclear fuel and Greater-Than-Class C radioactive waste to the 
ZNPS ISFSI. ZionSolutions holds Facility Operating License Nos. DPR-39 
and DPR-48, which authorize possession of spent fuel from the operation 
of ZNPS, Units 1 and 2, in Zion, Illinois, pursuant to part 50 of Title 
10 of the Code of Federal Regulations (10 CFR), ``Domestic Licensing of 
Production and Utilization Facilities.'' The licenses provide, among 
other things, that the facility must comply with all applicable NRC 
requirements.
    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 ISFSI at power reactor sites 
to persons authorized to possess or operate nuclear power reactors 
under 10 CFR part 50. ZionSolutions is currently authorized to store 
spent fuel at the ZNPS ISFSI under the 10 CFR part 72 general license 
provisions.
    The conditions of the 10 CFR part 72 general license, specifically 
10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), and 72.212(b)(11), 
require a general licensee to store spent fuel in an approved spent 
fuel storage cask listed in 10 CFR 72.214, and to comply with the 
conditions specified in the cask's CoC. The ZNPS ISFSI is currently 
loading and storing spent fuel in MAGNASTOR[supreg] storage casks, 
approved by the NRC under CoC No. 1031, Amendment No. 3.
    The MAGNASTOR[supreg] system provides for the vertical dry storage 
of spent fuel assemblies in a welded transportable storage canister 
(TSC). The storage system components for the MAGNASTOR[supreg] system 
consist of a vertical concrete cask (VCC), a TSC with an internal 
basket assembly that holds the spent fuel assemblies, and a transfer 
cask, which contains the TSC during loading, transfer, and unloading 
operations. The VCC is constructed of reinforced concrete designed to 
withstand all normal condition loads, as well as abnormal condition 
loads created by natural phenomena such as earthquakes and tornados. 
The storage system is also designed to withstand design-basis accident 
conditions.

II. Request/Action

    By letter dated August 25, 2014, ZionSolutions submitted a request 
for exemptions from specific portions of the requirements of 10 CFR 
72.212, ``Conditions of general license issued under Sec.  72.210,'' 
specifically 10 CFR 72.212(a)(2), 72.212(b)(5), 72.212(b)(11), and 10 
CFR 72.214, ``List of approved spent fuel storage casks.'' 
Specifically, ZionSolutions has requested an exemption from the 
requirements of Certificate of Compliance No. 1031, Amendment 3, 
Appendix A, Technical Specifications and Design Features for the 
MAGNASTOR[supreg] System, Section 5.7 ``Training Program.''
    Section 5.7 in Appendix A requires the following: ``A training 
program for the MAGNASTOR[supreg] system shall be developed under the 
general licensee's systematic approach to training (SAT). Training 
modules shall include comprehensive instructions for the operation and 
maintenance of the MAGNASTOR[supreg] system and the independent spent 
fuel storage installation (ISFSI).'' ZionSolutions has stated that the 
training program for the MAGNASTOR[supreg] system was developed using 
the SAT methods. The training modules included comprehensive 
instructions for the operation and maintenance of the MAGNASTOR[supreg] 
system. The exemption request applies only to developing a training 
program under SAT for operation and maintenance of ISFSI Structures, 
Systems and Components (SSCs), which are not important to safety as 
defined in 10 CFR 72.3. If granted, ZionSolutions will provide 
training/instructions for such SSCs in accordance with manufacturer's 
instructions and ZionSolutions approved procedures, instead of 
developing such training and instructions using the SAT methods.
    The NRC has the authority under 10 CFR 72.7 to grant specific 
exemptions from 10 CFR part 72 requirements if it determines that the 
exemption is authorized by law and will not endanger life or property 
or the common defense and security and the exemption is otherwise in 
the public interest. For the

[[Page 53349]]

reasons described below, the NRC is granting an exemption to 
ZionSolutions.

III. Discussion

    Pursuant to 10 CFR 72.7, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 72 when it determines that the 
exemptions are authorized by law, will not endanger life or property or 
the common defense and security, and are otherwise in the public 
interest.

A. Authorized by Law

    Under 10 CFR 72.7, the NRC may grant exemptions from the 
requirements of 10 CFR part 72 if 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. As explained below, the 
proposed exemption will not endanger life or property, or the common 
defense and security, and is otherwise in the public interest. The 
ISFSI regulations cited in this exemption request are 10 CFR 
72.212(a)(2), 72.212(b)(5)(i), 72.212(b)(11), and 10 CFR 72.214, which, 
in general, provide that the licensee shall comply with the terms, 
conditions, and specifications of the CoC. The Commission has the legal 
authority to issue exemptions from the requirements of 10 CFR part 72 
pursuant to 10 CFR 72.7. Issuance of this exemption is consistent with 
the Atomic Energy Act of 1954, as amended, and is not otherwise 
inconsistent with NRC regulations or other applicable laws. Therefore, 
issuance of the exemption is authorized by law.

B. The Exemption Will Not Endanger Life or Property or the Common 
Defense and Security

    Approval of this exemption request will only allow ZionSolutions to 
provide training that has not been developed under a SAT program for 
non-safety related ISFSI SSCs. There are no changes to design or 
operations of the ISFSI, and no changes whatsoever to safety or 
security-related components. If granted, ZionSolutions will provide 
training/instructions for such SSCs in accordance with manufacturer's 
instructions and ZionSolutions approved procedures, instead of 
developing such training and instructions using the SAT methods. 
Therefore, issuance of the exemption will not endanger life or property 
or the common defense and security.

C. The Exemption Is Otherwise in the Public Interest

    Approval of this exemption request will only allow ZionSolutions to 
provide training that was not developed under a SAT program for non-
safety-related ISFSI SSCs. The costs associated with these activities 
are paid from the decommissioning trust fund for ZNPS. Decommissioning 
trust funds are funds set aside during plant operation and do not 
belong to the utility but are retained in the public interest solely to 
pay for eventual decommissioning of the plant. ZNPS is currently in a 
decommissioning process. As such, there is a finite amount of funds 
which exists to complete decommissioning activities. With regard to the 
subject request, exemption from implementation of this training process 
relieves an economic burden. ZionSolutions stated in their exemption 
request that the exemption ``is in the public interest in that it will 
reduce costs associated with applying a more complex and labor 
intensive training process than required by regulation with no 
commensurate safety benefit.'' Furthermore, NRC staff finds the 
exemption in the public interest, because the resources saved from 
developing training activities under SAT can be utilized for other 
decommissioning activities including, for example, reducing the time to 
complete decommissioning and thus reducing risk of radiological effects 
to workers and the public and ameliorating an unexpected event, such as 
an accident.

D. Environmental Considerations

    In reviewing this exemption request, the staff also considered 
whether there would be any significant environmental impacts associated 
with the exemption. For this proposed action, the staff reviewed the 
categorical exclusion criteria in 10 CFR 51.22(c)(25). The regulations 
in 10 CFR 51.22(c)(25) provide a categorical exclusion for the granting 
of licensee exemption requests. In order for the 10 CFR 51.22(c)(25) 
categorical exclusions to apply, the proposed action must meet the 
criteria listed in 10 CFR 51.22(c)(25)(i)-(vi). An analysis of these 
provisions is provided below.
    i. 10 CFR 51.22(c)(25)(i)--There is no significant hazards 
consideration (NSHC).
    The elements of a NSHC are set forth in 10 CFR 50.92(c)(1)-(3). The 
proposed action involves NSHC if approval of the proposed action would 
not: (1) Involve a significant increase in the probability or 
consequences of an accident previously evaluated; (2) create the 
possibility of a new or different kind of accident from any accident 
previously evaluated; or (3) involve a significant reduction in a 
margin of safety. As the requested exemption does not involve changes 
to the design or operation of the safety systems for the 
MAGNASTOR[supreg] system or ISFSI, the above elements are not affected; 
therefore, no significant hazards will result from issuance of this 
exemption.
    ii. 10 CFR 51.22(c)(25)(ii)--There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any changes to effluents. Therefore, there is no significant 
change in the types or increase in the amounts of effluents that may be 
released offsite.
    iii. 10 CFR 51.22(c)(25)(iii)--There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any changes to public or occupational radiation exposures. 
Therefore, there is no significant increase in individual or cumulative 
public or occupational radiation exposure.
    iv. 10 CFR 51.22(c)(25)(iv)--There is no significant construction 
impact.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any construction activities. Therefore, there is no significant 
construction impact.
    v. 10 CFR 51.22(c)(25)(v)--There is no significant increase in the 
potential for or consequences from radiological accidents.
    The proposed exemption, which applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety, would not 
involve any changes to the design, safety limits, or safety analysis 
assumptions associated with the cask system and would not create any 
new accident precursors. Therefore, there is no significant increase in 
the potential for or consequences from radiological accidents.

[[Page 53350]]

    vi. 10 CFR 51.22(c)(25)(vi)--The requirements from which an 
exemption is sought involve:
    (A) Recordkeeping requirements;
    (B) Reporting requirements;
    (C) Inspection or surveillance requirements;
    (D) Equipment servicing or maintenance scheduling requirements;
    (E) Education, training, experience, qualification, requalification 
or other employment suitability requirements;
    (F) Safeguard plans, and materials control and accounting inventory 
scheduling requirements;
    (G) Scheduling requirements;
    (H) Surety, insurance or indemnity requirements; or
    (I) Other requirements of an administrative, managerial, or 
organizational nature.
    The proposed exemption applies only to developing a training 
program not under SAT for operation and maintenance of ISFSI SSCs that 
are not defined in 10 CFR 72.3 as important to safety. The requirements 
from which an exemption is sought involve only training, and the 
exemption is thus applicable for a categorical exclusion under 10 CFR 
51.22(c)(25)(vi)(E).
    Based on the above considerations, the NRC staff concludes that the 
proposed exemption meets the eligibility criteria for categorical 
conclusion set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 
CFR 51.22(b), no environmental impact statement or environmental 
assessment is required to be prepared in connection with the proposed 
issuance of the exemption.

IV. Conclusions

    Based on the above considerations, the NRC has determined, pursuant 
to 10 CFR 72.7, that this 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 Commission hereby 
grants ZionSolutions an exemption from 10 CFR parts 72.212(a)(2), 
72.212(b)(5)(i), 72.212(b)(11) and 72.214, which state that the 
licensee shall comply with the terms, conditions, and specifications of 
the CoC, only with regard to the requirements of Certificate of 
Compliance No. 1031, Amendment No. 3, Appendix A, Technical 
Specifications and Design Features for the MAGNASTOR[supreg] System, 
Section 5.7 ``Training Program.'' The exemption only exempts 
ZionSolutions from the requirement to develop training modules under 
the SAT that include comprehensive instructions for the operation and 
maintenance of the ISFSI SSCs that are not important to safety. The SAT 
training requirements are still applicable to all important to safety 
components, as required by the CoC.

V. Availability of Documents

    The documents identified in the following table are publicly 
available to interested persons in ADAMS. For information on accessing 
ADAMS see the ADDRESSES section of this document.

------------------------------------------------------------------------
                Document                        ADAMS Accession No.
------------------------------------------------------------------------
Commonwealth Edison Company letter        ML15232A492
 certifying the permanent cessation of
 operations at ZNPS, Units 1 and 2.
Commonwealth Edison Company letter        ML15232A487
 certifying the permanent removal of
 fuel from the reactor vessels at ZNPS.
NRC order and conforming amendments       ML090930037
 transferring ownership of ZNPS facility.
Letter issuing conforming amendments      ML102290437
 relating to transfer of licenses for
 ZNPS.
Zion exemption request..................  ML14241A424
------------------------------------------------------------------------

    The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 21st day of August, 2015.

    For the Nuclear Regulatory Commission.
William C. Allen,
Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-21794 Filed 9-2-15; 8:45 am]
BILLING CODE 7590-01-P