80_FR_53518 80 FR 53347 - ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 Independent Spent Fuel Storage Installation

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)

Page Range53347-53350
FR Document2015-21794

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 Issue 171 (Thursday, September 3, 2015)
[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: Carol.Gallagher@nrc.gov. 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 pdr.resource@nrc.gov. 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: John.Vera@nrc.gov.

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



                                                                              Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices                                             53347

                                              continue at current levels, and would be                       environmental assessments.’’ Cessation                impact of the proposed action. The
                                              well below regulatory limits.                                  of reactor operations at the NSC would                consultation involved a thorough
                                                 Based on this information and the                           reduce or eliminate radioactive effluents             explanation of the environmental
                                              analysis of human health and                                   and emissions. However, as previously                 review, the details of this environmental
                                              environmental impacts presented in this                        discussed in this environmental                       assessment, and the NRC’s findings. The
                                              environmental assessment, the proposed                         assessment, radioactive effluents                     State official stated the he understood
                                              license renewal would not have                                 resulting from reactor operations are                 the NRC review and had no comments
                                              disproportionately high and adverse                            only a small fraction of the applicable               regarding the proposed action.
                                              human health and environmental effects                         regulatory limits. Therefore, the
                                                                                                             environmental impacts of renewing the                 III. Finding of No Significant Impact
                                              on minority and low-income
                                              populations residing in the vicinity of                        license and the denial of the request for               The NRC staff has prepared this EA as
                                              the NSC.                                                       license renewal would be similar. In                  part of its review of the proposed action.
                                                                                                             addition, denying the request for license             On the basis of this EA, the NRC finds
                                              Environmental Impacts of the                                   renewal would eliminate the benefits of               that there are no significant
                                              Alternatives to the Proposed Action                            teaching, research, and services                      environmental impacts from the
                                                                                                             provided by the NSCR.                                 proposed action, and that preparation of
                                                As an alternative to license renewal,
                                              the NRC considered denying the                                 Alternative Use of Resources                          an environmental impact statement is
                                              proposed action. If the NRC denied the                                                                               not warranted. On the basis of the
                                                                                                                The proposed action does not involve
                                              request for license renewal, reactor                           the use of any different resources or                 environmental assessment included in
                                              operations at the NSC would cease and                          significant quantities of resources                   Section II of this document, the NRC
                                              decommissioning would be required.                             beyond those previously considered in                 concludes that the proposed action will
                                              The NRC notes that, even with a                                the issuance of License Amendment No.                 not have a significant effect on the
                                              renewed license, the NSC will                                  9 to Facility Operating License No. R–                quality of the human environment.
                                              eventually require decommissioning, at                         83 for the NSC dated March 30, 1983,                  Accordingly, the NRC has determined
                                              which time the environmental effects of                        which renewed the Facility Operating                  that a finding of no significant impact is
                                              decommissioning would occur.                                   License No. R–83 for an additional                    appropriate.
                                              Decommissioning would be conducted                             period of 20 years.                                   IV. Availability of Documents
                                              in accordance with an NRC-approved
                                              decommissioning plan which would                               Agencies and Persons Consulted                          This finding and related
                                              require a separate environmental review                          In accordance with the agency’s stated              environmental documents are available
                                              under § 51.21, ‘‘Criteria for and                              policy, on June 11, 2010, the NRC staff               to interested persons through ADAMS
                                              identification of licensing and                                consulted with the Texas State Liaison                via the following ADAMS accession
                                              regulatory actions requiring                                   Officer regarding the environmental                   numbers:

                                                                 Document                                                      ADAMS Accession No./Web link/Federal Register Citation

                                              February 27, 2003 ................................       ADAMS   Accession   No. ML102920025.
                                              July 22, 2009 ........................................   ADAMS   Accession   No. ML092530306.
                                              July 28, 2010 ........................................   ADAMS   Accession   No. ML102150544.
                                              August 30, 2010 ...................................      ADAMS   Accession   No. ML102510154.
                                              August 31, 2010 ...................................      ADAMS   Accession   No. ML102650318.
                                              December 9, 2010 ................................        ADAMS   Accession   No. ML103470278.
                                              May 27, 2011 .......................................     ADAMS   Accession   No. ML111950372.
                                              June 9, 2011 ........................................    ADAMS   Accession   No. ML111950376.
                                              November 21, 2011 ..............................         ADAMS   Accession   Nos. ML113410067 and ML11327A083.
                                              January 12, 2012 .................................       ADAMS   Accession   No. ML120260016.
                                              April 11, 2012 .......................................   ADAMS   Accession   No. ML12110A116.
                                              November 14, 2012 ..............................         ADAMS   Accession   No. ML12321A321.
                                              January 31, 2013 .................................       ADAMS   Accession   No. ML13037A307.
                                              February 3, 2013 ..................................      ADAMS   Accession   No. ML14038A106.
                                              February 11, 2013 ................................       ADAMS   Accession   No. ML14076A112.
                                              November 13, 2014 ..............................         ADAMS   Accession   No. ML15009A297.
                                              March 2, 2015 ......................................     ADAMS   Accession   No ML15065A068.
                                              June 5, 2015 ........................................    ADAMS   Accession   No ML15160A023.
                                              June 11, 2015 ......................................     ADAMS   Accession   No. ML15187A256.
                                              June 30, 2015 ......................................     ADAMS   Accession   No. ML15182A449.



                                                Dated at Rockville, Maryland, this 24th day                  NUCLEAR REGULATORY                                    ACTION:   Exemption; issuance.
                                              of August, 2015.                                               COMMISSION
                                                For the Nuclear Regulatory Commission                                                                              SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                             [Docket Nos. 50–295, 50–304, and 72–1037;             Commission (NRC) is issuing an
                                              Alexander Adams, Jr.,                                          NRC–2015–0190]                                        exemption in response to a request
                                              Chief, Research and Test Reactors Licensing
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   submitted by ZionSolutions on August
                                              Branch. Division of Policy and Rulemaking,                     ZionSolutions, LLC; Zion Nuclear
                                                                                                                                                                   25, 2014, to its general license to operate
                                              Office of Nuclear Reactor Regulation.                          Power Station, Units 1 and 2
                                                                                                                                                                   an independent spent fuel storage
                                              [FR Doc. 2015–21820 Filed 9–2–15; 8:45 am]                     Independent Spent Fuel Storage
                                                                                                                                                                   installation (ISFSI) at the Zion Nuclear
                                                                                                             Installation
                                              BILLING CODE 7590–01–P                                                                                               Power Station (ZNPS). The exemption
                                                                                                             AGENCY:Nuclear Regulatory                             permits ZionSolutions to deviate from
                                                                                                             Commission.                                           the requirements in Certificate of


                                         VerDate Sep<11>2014       14:42 Sep 02, 2015      Jkt 235001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\03SEN1.SGM   03SEN1


                                              53348                     Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices

                                              Compliance No. 1031, Amendment No.                      I. Background                                         vertical concrete cask (VCC), a TSC with
                                              3, Appendix A, Technical Specifications                    In February 1998, ZNPS, Units 1 and                an internal basket assembly that holds
                                              and Design Features for the Modular                     2, were permanently shut down. On                     the spent fuel assemblies, and a transfer
                                              Advanced Generation Nuclear All-                        February 13, 1998, Commonwealth                       cask, which contains the TSC during
                                              purpose STORage (MAGNASTOR®)                            Edison Company, the ZNPS licensee at                  loading, transfer, and unloading
                                              System, Section 5.7, Training Program.                  that time, submitted a letter certifying              operations. The VCC is constructed of
                                              ZionSolutions is currently loading                      the permanent cessation of operations at              reinforced concrete designed to
                                              MAGNASTOR® storage casks and                            ZNPS, Units 1 and 2. On March 9, 1998,                withstand all normal condition loads, as
                                              maintains that relief from certain                      Commonwealth Edison Company                           well as abnormal condition loads
                                              training requirements will reduce costs                 submitted a letter certifying the                     created by natural phenomena such as
                                              associated with applying a more                         permanent removal of fuel from the                    earthquakes and tornados. The storage
                                              complex and labor intensive training                                                                          system is also designed to withstand
                                                                                                      reactor vessels at ZNPS. On May 4,
                                              process than required by regulation.                                                                          design-basis accident conditions.
                                                                                                      2009, the NRC issued the order to
                                              DATES: Notice of issuance of exemption                  transfer the ownership of the                         II. Request/Action
                                              given on September 3, 2015.                             permanently shut down ZNPS facility                      By letter dated August 25, 2014,
                                                                                                      and responsibility for its                            ZionSolutions submitted a request for
                                              ADDRESSES:    Please refer to Docket ID                 decommissioning to ZionSolutions. This                exemptions from specific portions of the
                                              NRC–2015–0190 when contacting the                       transfer was effectuated on September 1,              requirements of 10 CFR 72.212,
                                              NRC about the availability of                           2010. ZionSolutions was established                   ‘‘Conditions of general license issued
                                              information regarding this document.                    solely for the purpose of acquiring and               under § 72.210,’’ specifically 10 CFR
                                              You may obtain publicly-available                       decommissioning the ZNPS facility for                 72.212(a)(2), 72.212(b)(5), 72.212(b)(11),
                                              information related to this document                    release for unrestricted use, while                   and 10 CFR 72.214, ‘‘List of approved
                                              using any of the following methods:                     transferring the spent nuclear fuel and               spent fuel storage casks.’’ Specifically,
                                                 • Federal Rulemaking Web site: Go to                 Greater-Than-Class C radioactive waste                ZionSolutions has requested an
                                              http://www.regulations.gov and search                   to the ZNPS ISFSI. ZionSolutions holds                exemption from the requirements of
                                              for Docket ID NRC–2015–0190. Address                    Facility Operating License Nos. DPR–39                Certificate of Compliance No. 1031,
                                              questions about NRC dockets to Carol                    and DPR–48, which authorize                           Amendment 3, Appendix A, Technical
                                              Gallagher; telephone: 301–415–3463;                     possession of spent fuel from the                     Specifications and Design Features for
                                              email: Carol.Gallagher@nrc.gov. For                     operation of ZNPS, Units 1 and 2, in                  the MAGNASTOR® System, Section 5.7
                                              technical questions, contact the                        Zion, Illinois, pursuant to part 50 of                ‘‘Training Program.’’
                                              individual listed in the FOR FURTHER                    Title 10 of the Code of Federal                          Section 5.7 in Appendix A requires
                                              INFORMATION CONTACT section of this
                                                                                                      Regulations (10 CFR), ‘‘Domestic                      the following: ‘‘A training program for
                                              document.                                               Licensing of Production and Utilization               the MAGNASTOR® system shall be
                                                                                                      Facilities.’’ The licenses provide, among             developed under the general licensee’s
                                                 • NRC’s Agencywide Documents                         other things, that the facility must                  systematic approach to training (SAT).
                                              Access and Management System                            comply with all applicable NRC                        Training modules shall include
                                              (ADAMS): You may obtain publicly-                       requirements.                                         comprehensive instructions for the
                                              available documents online in the                          Consistent with 10 CFR part 72,                    operation and maintenance of the
                                              ADAMS Public Documents collection at                    subpart K, ‘‘General License for Storage              MAGNASTOR® system and the
                                              http://www.nrc.gov/reading-rm/                          of Spent Fuel at Power Reactor Sites,’’               independent spent fuel storage
                                              adams.html. To begin the search, select                 a general license is issued for the storage           installation (ISFSI).’’ ZionSolutions has
                                              ‘‘ADAMS Public Documents’’ and then                     of spent fuel in an ISFSI at power                    stated that the training program for the
                                              select ‘‘Begin Web-based ADAMS                          reactor sites to persons authorized to                MAGNASTOR® system was developed
                                              Search.’’ For problems with ADAMS,                      possess or operate nuclear power                      using the SAT methods. The training
                                              please contact the NRC’s Public                         reactors under 10 CFR part 50.                        modules included comprehensive
                                              Document Room (PDR) reference staff at                  ZionSolutions is currently authorized to              instructions for the operation and
                                              1–800–397–4209, 301–415–4737, or by                     store spent fuel at the ZNPS ISFSI under              maintenance of the MAGNASTOR®
                                              email to pdr.resource@nrc.gov. For the                  the 10 CFR part 72 general license                    system. The exemption request applies
                                              convenience of the reader, the ADAMS                    provisions.                                           only to developing a training program
                                              accession numbers are provided in a                        The conditions of the 10 CFR part 72               under SAT for operation and
                                              table in the ‘‘Availability of Documents’’              general license, specifically 10 CFR                  maintenance of ISFSI Structures,
                                              section of this document. Some                          72.212(a)(2), 72.212(b)(3),                           Systems and Components (SSCs), which
                                              documents referenced are located in the                 72.212(b)(5)(i), and 72.212(b)(11),                   are not important to safety as defined in
                                              NRC’s ADAMS Legacy Library. To                          require a general licensee to store spent             10 CFR 72.3. If granted, ZionSolutions
                                              obtain these documents, contact the                     fuel in an approved spent fuel storage                will provide training/instructions for
                                              NRC’s PDR for assistance.                               cask listed in 10 CFR 72.214, and to                  such SSCs in accordance with
                                                 • NRC’s PDR: You may examine and                     comply with the conditions specified in               manufacturer’s instructions and
                                              purchase copies of public documents at                  the cask’s CoC. The ZNPS ISFSI is                     ZionSolutions approved procedures,
                                              the NRC’s PDR, Room O1–F21, One                         currently loading and storing spent fuel              instead of developing such training and
                                              White Flint North, 11555 Rockville                      in MAGNASTOR® storage casks,                          instructions using the SAT methods.
                                              Pike, Rockville, Maryland 20852.                        approved by the NRC under CoC No.                        The NRC has the authority under 10
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                                                                                                      1031, Amendment No. 3.                                CFR 72.7 to grant specific exemptions
                                              FOR FURTHER INFORMATION CONTACT:    John                   The MAGNASTOR® system provides                     from 10 CFR part 72 requirements if it
                                              Vera, Office of Nuclear Material Safety                 for the vertical dry storage of spent fuel            determines that the exemption is
                                              and Safeguards, U.S. Nuclear Regulatory                 assemblies in a welded transportable                  authorized by law and will not endanger
                                              Commission, Washington DC 20555–                        storage canister (TSC). The storage                   life or property or the common defense
                                              0001; telephone: 301–415–5790; email:                   system components for the                             and security and the exemption is
                                              John.Vera@nrc.gov.                                      MAGNASTOR® system consist of a                        otherwise in the public interest. For the


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                                                                        Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices                                          53349

                                              reasons described below, the NRC is                     C. The Exemption Is Otherwise in the                  possibility of a new or different kind of
                                              granting an exemption to ZionSolutions.                 Public Interest                                       accident from any accident previously
                                                                                                         Approval of this exemption request                 evaluated; or (3) involve a significant
                                              III. Discussion                                                                                               reduction in a margin of safety. As the
                                                                                                      will only allow ZionSolutions to
                                                 Pursuant to 10 CFR 72.7, the                         provide training that was not developed               requested exemption does not involve
                                              Commission may, upon application by                     under a SAT program for non-safety-                   changes to the design or operation of the
                                                                                                      related ISFSI SSCs. The costs associated              safety systems for the MAGNASTOR®
                                              any interested person or upon its own
                                                                                                                                                            system or ISFSI, the above elements are
                                              initiative, grant exemptions from the                   with these activities are paid from the
                                                                                                                                                            not affected; therefore, no significant
                                              requirements of 10 CFR part 72 when it                  decommissioning trust fund for ZNPS.
                                                                                                                                                            hazards will result from issuance of this
                                              determines that the exemptions are                      Decommissioning trust funds are funds
                                                                                                                                                            exemption.
                                              authorized by law, will not endanger                    set aside during plant operation and do                  ii. 10 CFR 51.22(c)(25)(ii)—There is
                                              life or property or the common defense                  not belong to the utility but are retained            no significant change in the types or
                                              and security, and are otherwise in the                  in the public interest solely to pay for              significant increase in the amounts of
                                              public interest.                                        eventual decommissioning of the plant.                any effluents that may be released
                                                                                                      ZNPS is currently in a decommissioning                offsite.
                                              A. Authorized by Law                                    process. As such, there is a finite                      The proposed exemption, which
                                                                                                      amount of funds which exists to                       applies only to developing a training
                                                 Under 10 CFR 72.7, the NRC may                       complete decommissioning activities.
                                              grant exemptions from the requirements                                                                        program not under SAT for operation
                                                                                                      With regard to the subject request,                   and maintenance of ISFSI SSCs that are
                                              of 10 CFR part 72 if the exemption is                   exemption from implementation of this
                                              authorized by law, will not endanger                                                                          not defined in 10 CFR 72.3 as important
                                                                                                      training process relieves an economic                 to safety, would not involve any
                                              life or property or the common defense                  burden. ZionSolutions stated in their                 changes to effluents. Therefore, there is
                                              and security, and is otherwise in the                   exemption request that the exemption                  no significant change in the types or
                                              public interest. As explained below, the                ‘‘is in the public interest in that it will           increase in the amounts of effluents that
                                              proposed exemption will not endanger                    reduce costs associated with applying a               may be released offsite.
                                              life or property, or the common defense                 more complex and labor intensive                         iii. 10 CFR 51.22(c)(25)(iii)—There is
                                              and security, and is otherwise in the                   training process than required by                     no significant increase in individual or
                                              public interest. The ISFSI regulations                  regulation with no commensurate safety                cumulative public or occupational
                                              cited in this exemption request are 10                  benefit.’’ Furthermore, NRC staff finds               radiation exposure.
                                              CFR 72.212(a)(2), 72.212(b)(5)(i),                      the exemption in the public interest,                    The proposed exemption, which
                                              72.212(b)(11), and 10 CFR 72.214,                       because the resources saved from                      applies only to developing a training
                                              which, in general, provide that the                     developing training activities under                  program not under SAT for operation
                                              licensee shall comply with the terms,                   SAT can be utilized for other                         and maintenance of ISFSI SSCs that are
                                              conditions, and specifications of the                   decommissioning activities including,                 not defined in 10 CFR 72.3 as important
                                              CoC. The Commission has the legal                       for example, reducing the time to                     to safety, would not involve any
                                              authority to issue exemptions from the                  complete decommissioning and thus                     changes to public or occupational
                                              requirements of 10 CFR part 72                          reducing risk of radiological effects to              radiation exposures. Therefore, there is
                                              pursuant to 10 CFR 72.7. Issuance of                    workers and the public and ameliorating               no significant increase in individual or
                                                                                                      an unexpected event, such as an                       cumulative public or occupational
                                              this exemption is consistent with the
                                                                                                      accident.                                             radiation exposure.
                                              Atomic Energy Act of 1954, as amended,
                                                                                                                                                               iv. 10 CFR 51.22(c)(25)(iv)—There is
                                              and is not otherwise inconsistent with                  D. Environmental Considerations
                                                                                                                                                            no significant construction impact.
                                              NRC regulations or other applicable                        In reviewing this exemption request,                  The proposed exemption, which
                                              laws. Therefore, issuance of the                        the staff also considered whether there               applies only to developing a training
                                              exemption is authorized by law.                         would be any significant environmental                program not under SAT for operation
                                              B. The Exemption Will Not Endanger                      impacts associated with the exemption.                and maintenance of ISFSI SSCs that are
                                              Life or Property or the Common Defense                  For this proposed action, the staff                   not defined in 10 CFR 72.3 as important
                                                                                                      reviewed the categorical exclusion                    to safety, would not involve any
                                              and Security
                                                                                                      criteria in 10 CFR 51.22(c)(25). The                  construction activities. Therefore, there
                                                 Approval of this exemption request                   regulations in 10 CFR 51.22(c)(25)                    is no significant construction impact.
                                              will only allow ZionSolutions to                        provide a categorical exclusion for the                  v. 10 CFR 51.22(c)(25)(v)—There is no
                                              provide training that has not been                      granting of licensee exemption requests.              significant increase in the potential for
                                              developed under a SAT program for                       In order for the 10 CFR 51.22(c)(25)                  or consequences from radiological
                                              non-safety related ISFSI SSCs. There are                categorical exclusions to apply, the                  accidents.
                                              no changes to design or operations of                   proposed action must meet the criteria                   The proposed exemption, which
                                                                                                      listed in 10 CFR 51.22(c)(25)(i)–(vi). An             applies only to developing a training
                                              the ISFSI, and no changes whatsoever to
                                                                                                      analysis of these provisions is provided              program not under SAT for operation
                                              safety or security-related components. If
                                                                                                      below.                                                and maintenance of ISFSI SSCs that are
                                              granted, ZionSolutions will provide                                                                           not defined in 10 CFR 72.3 as important
                                                                                                         i. 10 CFR 51.22(c)(25)(i)—There is no
                                              training/instructions for such SSCs in                  significant hazards consideration                     to safety, would not involve any
                                              accordance with manufacturer’s                          (NSHC).                                               changes to the design, safety limits, or
                                              instructions and ZionSolutions
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                                                                                                         The elements of a NSHC are set forth               safety analysis assumptions associated
                                              approved procedures, instead of                         in 10 CFR 50.92(c)(1)–(3). The proposed               with the cask system and would not
                                              developing such training and                            action involves NSHC if approval of the               create any new accident precursors.
                                              instructions using the SAT methods.                     proposed action would not: (1) Involve                Therefore, there is no significant
                                              Therefore, issuance of the exemption                    a significant increase in the probability             increase in the potential for or
                                              will not endanger life or property or the               or consequences of an accident                        consequences from radiological
                                              common defense and security.                            previously evaluated; (2) create the                  accidents.


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                                              53350                              Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices

                                                 vi. 10 CFR 51.22(c)(25)(vi)—The                                      exemption is sought involve only                                          72.212(b)(11) and 72.214, which state
                                              requirements from which an exemption                                    training, and the exemption is thus                                       that the licensee shall comply with the
                                              is sought involve:                                                      applicable for a categorical exclusion                                    terms, conditions, and specifications of
                                                 (A) Recordkeeping requirements;                                      under 10 CFR 51.22(c)(25)(vi)(E).                                         the CoC, only with regard to the
                                                 (B) Reporting requirements;                                             Based on the above considerations,                                     requirements of Certificate of
                                                 (C) Inspection or surveillance                                       the NRC staff concludes that the                                          Compliance No. 1031, Amendment No.
                                              requirements;                                                           proposed exemption meets the                                              3, Appendix A, Technical Specifications
                                                 (D) Equipment servicing or                                           eligibility criteria for categorical                                      and Design Features for the
                                              maintenance scheduling requirements;                                    conclusion set forth in 10 CFR                                            MAGNASTOR® System, Section 5.7
                                                 (E) Education, training, experience,                                 51.22(c)(25). Therefore, pursuant to 10                                   ‘‘Training Program.’’ The exemption
                                              qualification, requalification or other                                 CFR 51.22(b), no environmental impact                                     only exempts ZionSolutions from the
                                              employment suitability requirements;                                    statement or environmental assessment                                     requirement to develop training
                                                 (F) Safeguard plans, and materials                                   is required to be prepared in connection                                  modules under the SAT that include
                                              control and accounting inventory                                        with the proposed issuance of the                                         comprehensive instructions for the
                                              scheduling requirements;                                                exemption.                                                                operation and maintenance of the ISFSI
                                                 (G) Scheduling requirements;
                                                 (H) Surety, insurance or indemnity                                   IV. Conclusions                                                           SSCs that are not important to safety.
                                              requirements; or                                                           Based on the above considerations,                                     The SAT training requirements are still
                                                 (I) Other requirements of an                                         the NRC has determined, pursuant to 10                                    applicable to all important to safety
                                              administrative, managerial, or                                          CFR 72.7, that this exemption is                                          components, as required by the CoC.
                                              organizational nature.                                                  authorized by law, will not endanger                                      V. Availability of Documents
                                                 The proposed exemption applies only                                  life or property or the common defense
                                              to developing a training program not                                    and security, and is otherwise in the                                       The documents identified in the
                                              under SAT for operation and                                             public interest. Therefore, the                                           following table are publicly available to
                                              maintenance of ISFSI SSCs that are not                                  Commission hereby grants                                                  interested persons in ADAMS. For
                                              defined in 10 CFR 72.3 as important to                                  ZionSolutions an exemption from 10                                        information on accessing ADAMS see
                                              safety. The requirements from which an                                  CFR parts 72.212(a)(2), 72.212(b)(5)(i),                                  the ADDRESSES section of this document.

                                                                                                                                                                                                                                               ADAMS
                                                                                                                                   Document                                                                                                 Accession No.

                                              Commonwealth Edison Company letter certifying the permanent cessation of operations at ZNPS, Units 1 and 2 .....................                                                              ML15232A492
                                              Commonwealth Edison Company letter certifying the permanent removal of fuel from the reactor vessels at ZNPS ..................                                                               ML15232A487
                                              NRC order and conforming amendments transferring ownership of ZNPS facility .........................................................................                                         ML090930037
                                              Letter issuing conforming amendments relating to transfer of licenses for ZNPS ..........................................................................                                     ML102290437
                                              Zion exemption request ....................................................................................................................................................................   ML14241A424



                                                 The exemption is effective upon                                      issuance of an exemption to Duke                                          individuals listed in the FOR FURTHER
                                              issuance.                                                               Energy Carolinas, LLC (Duke Energy or                                     INFORMATION CONTACT    section of this
                                                 Dated at Rockville, Maryland, this 21st day                          the applicant) related to the operation of                                document.
                                              of August, 2015.                                                        Oconee Nuclear Station (Oconee)                                              • NRC’s Agencywide Documents
                                                 For the Nuclear Regulatory Commission.                               Independent Spent Fuel Storage                                            Access and Management System
                                              William C. Allen,
                                                                                                                      Installation (ISFSI) (Docket No. 72–40).                                  (ADAMS): You may obtain publicly
                                                                                                                      The request is for an exemption from                                      available documents online in the
                                              Acting Chief, Spent Fuel Licensing Branch,
                                              Division of Spent Fuel Management, Office
                                                                                                                      the requirement to comply with                                            ADAMS Public Documents collection at
                                              of Nuclear Material Safety and Safeguards.                              Technical Specification 1.2.4a of                                         http://www.nrc.gov/reading-rm/
                                              [FR Doc. 2015–21794 Filed 9–2–15; 8:45 am]
                                                                                                                      Attachment A of Certificate of                                            adams.html. To begin the search, select
                                                                                                                      Compliance (CoC or Certificate) No.                                       ‘‘ADAMS Public Documents’’ and then
                                              BILLING CODE 7590–01–P
                                                                                                                      1004, Amendment No. 9, for the                                            select ‘‘Begin Web-based ADAMS
                                                                                                                      Standardized NUHOMS® Horizontal                                           Search.’’ For problems with ADAMS,
                                              NUCLEAR REGULATORY                                                      Modular Storage System.                                                   please contact the NRC’s Public
                                              COMMISSION                                                              DATES: The environmental assessment                                       Document Room (PDR) reference staff at
                                                                                                                      and finding of no significant impact are                                  1–800–397–4209, 301–415–4737, or by
                                              [Docket Nos. 72–40, 50–269, 50–270 and 50–                              available as of September 3, 2015.                                        email to pdr.resource@nrc.gov. The
                                              287; NRC–2015–0191]                                                     ADDRESSES: Please refer to Docket ID                                      ADAMS accession number for each
                                                                                                                      NRC–2015–0191 when contacting the                                         document referenced in this document
                                              Duke Energy Carolinas, LLC, Oconee                                                                                                                (if that document is available in
                                              Nuclear Station, Units 1, 2, and 3;                                     NRC about the availability of
                                                                                                                      information regarding this document.                                      ADAMS) is provided the first time that
                                              Independent Spent Fuel Storage                                                                                                                    a document is referenced.
                                              Installation                                                            You may obtain publicly-available
                                                                                                                      information related to this document                                         • NRC’s PDR: You may examine and
                                              AGENCY:  Nuclear Regulatory                                             using any of the following methods:                                       purchase copies of public documents at
                                                                                                                         • Federal Rulemaking Web site: Go to                                   the NRC’s PDR, Room O1–F21, One
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                                              Commission.
                                                                                                                      http://www.regulations.gov and search                                     White Flint North, 11555 Rockville
                                              ACTION: Environmental assessment and
                                                                                                                      for Docket ID NRC–2015–0191. Address                                      Pike, Rockville, Maryland 20852.
                                              finding of no significant impact;
                                              issuance.                                                               questions about NRC dockets to Carol                                      FOR FURTHER INFORMATION CONTACT: John
                                                                                                                      Gallagher; telephone: 301–415–3463;                                       Vera, Office of Nuclear Material Safety
                                              SUMMARY:The U.S. Nuclear Regulatory                                     email: Carol.Gallagher@nrc.gov. For                                       and Safeguards, U.S. Nuclear Regulatory
                                              Commission (NRC) is considering                                         technical questions, contact the                                          Commission, Washington, DC 20555–


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Document Created: 2015-12-15 09:56:32
Document Modified: 2015-12-15 09:56:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
DatesNotice of issuance of exemption given on September 3, 2015.
ContactJohn Vera, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-5790; email: [email protected]
FR Citation80 FR 53347 

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