81_FR_8290 81 FR 8258 - Independent Spent Fuel Storage Installation, Maine Yankee Atomic Power Company

81 FR 8258 - Independent Spent Fuel Storage Installation, Maine Yankee Atomic Power Company

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range8258-8261
FR Document2016-03413

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a September 1, 2015, request from Maine Yankee Atomic Power Company, (MYAPC or licensee) from the requirement to comply with the terms, conditions, and specifications regarding the method of compliance defined in Amendment 5 of the NAC International (NAC)-UMS System Certificate of Compliance (CoC) No. 1015, Appendix A ``Technical Specifications for NAC-UMS System'', Technical Specifications (TS) A.5.4 ``Surveillance After an Off-Normal, Accident, or Natural Phenomena Event'' at the Maine Yankee (MY) Independent Spent Fuel Storage Installation (ISFSI). The exemption request seeks a modification of TS A.5.4 inspection requirements for the inlet and outlet vents following off-normal, accident, and natural phenomena events.

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8258-8261]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03413]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-309, and 72-1015; NRC-2016-0028]


Independent Spent Fuel Storage Installation, Maine Yankee Atomic 
Power Company

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a September 1, 2015, request from Maine Yankee 
Atomic Power Company, (MYAPC or licensee) from the requirement to 
comply with the terms, conditions, and specifications regarding the 
method of compliance defined in Amendment 5 of the NAC International 
(NAC)-UMS System Certificate of Compliance (CoC) No. 1015, Appendix A 
``Technical Specifications for NAC-UMS System'', Technical 
Specifications (TS) A.5.4 ``Surveillance After an Off-Normal, Accident, 
or Natural Phenomena Event'' at the Maine Yankee (MY) Independent Spent 
Fuel Storage Installation (ISFSI). The exemption request seeks a 
modification of TS A.5.4 inspection requirements for the inlet and 
outlet vents following off-normal, accident, and natural phenomena 
events.

ADDRESSES: Please refer to Docket ID NRC-2016-0028 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-2016-0028. 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

[[Page 8259]]

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]. The ADAMS accession number for each 
document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.
     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 Goshen, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-6933, email: 
[email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 
20555.

SUPPLEMENTARY INFORMATION:

I. Background

    The licensee is the holder of Facility Operating License No. DPR 36 
which authorizes operation of MY located near Wiscasset, Maine, 
pursuant to part 50 of title 10 of the Code of Federal Regulations (10 
CFR). The facility is in decommissioned status. The license provides, 
among other things, that the facility is subject to all rules, 
regulations, and orders of the NRC now or hereafter in effect.
    Under Subpart K of 10 CFR part 72, a general license has been 
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. Maine Yankee Atomic Power Company is licensed to 
operate a nuclear power reactor under 10 CFR part 50, and authorized 
under the 10 CFR part 72 general license to store spent fuel at the MY 
ISFSI. Under the terms of the general license, MY stores spent fuel 
using Amendment No. 5 of the NAC-UMS CoC No. 1015.

II. Request/Action

    The licensee requests an exemption from 10 CFR 72.212(b)(3), 10 CFR 
72.212(b)(5)(i), and 10 CFR 72.214 for the MY ISFSI.
     Section 72.212(b)(3) requires that a general licensee use 
casks that conform to the terms, conditions, and specifications of a 
CoC or amended CoC listed in Sec.  72.214. The NAC-UMS CoC No. 1015 is 
listed in 10 CFR 72.214.
     Section 72.212(b)(5)(i) requires, in relevant part, that a 
general licensee demonstrate a loaded cask will conform to the terms, 
conditions, and specifications of a CoC for a cask listed in Sec.  
72.214.
     Section 72.214 lists casks which are approved for storage 
of spent fuel under conditions specified in their CoCs, including CoC 
1015 and Amendment No. 5.
    The licensee, as a 10 CFR 72 general licensee, is required to use 
the NAC-UMS System according to the TS of the NAC-UMS System CoC No. 
1015. Amendment No. 5 of the NAC-UMS CoC No. 1015, Appendix A, 
``Technical Specifications for the NAC-UMS System.'' Technical 
specification A 5.4, ``Surveillance After an Off-Normal, Accident, or 
Natural Phenomena Event'' requires that a general licensee undertake a 
visual surveillance of the NAC-UMS casks within 4 hours after the 
occurrence of an off-normal, accident or natural phenomena event in the 
area of the ISFSI. This NAC-UMS cask inspection is part of the general 
licensee's surveillance response to verify that all the CONCRETE CASK 
inlets and outlets are not blocked or obstructed. The NAC-UMS TS A 5.4 
also requires that at least one-half of the inlets and outlets on each 
CONCRETE CASK be cleared of blockage or debris within 24 hours to 
restore air circulation.
    The licensee seeks the NRC's authorization to use NAC-UMS TS A 
3.1.6 as an alternative to the visual surveillance method specified in 
NAC-UMS TS A 5.4. Technical Specification A 3.1.6 permits either visual 
surveillance of the inlets and outlets screens or temperature 
monitoring of each cask to establish the operability of the Concrete 
Cask Heat Removal System for each NAC-UMS cask and to show that the 
limiting conditions for operation under 3.1.6 are met. Technical 
Specification A 3.1.6 establishes ongoing requirements that MY must 
comply with during all phases of the cask storage operations, not only 
after an unusual event in the area of the ISFSI. In effect, TS A 3.1.6 
provides continuous temperature monitoring or visual verification of 
all NAC-UMS No. 1015 casks.
    The proposed alternative for implementing TS A 5.4 provides that 
Surveillance Requirement (SR) 3.1.6.1 is required to be performed 
following off-normal, accident or natural phenomena events. The NAC-UMS 
SYSTEMs in use at an ISFSI shall be inspected in accordance with SR 
3.1.6.1 within 4 hours after the occurrence of an off-normal, accident 
or natural phenomena event in the area of the ISFSI to confirm 
operability of the CONCRETE CASK Heat Removal System for each NAC-UMS 
System. If a CONCRETE CASK Heat Removal System(s) for one or more NAC-
UMS Systems is determined to be inoperable, Condition A of TS A 3.1.6 
shall be entered and the Required Actions and associated Completion 
Times met, including the immediate assurance of adequate heat removal 
to prevent exceeding short-term temperature limits for each affected 
cask.
    The NAC-UMS Final Safety Analysis Report (FSAR) supports the use of 
either method defined in SR 3.1.6.1 to establish operability to comply 
with NAC-UMS TS A 3.1.6 or NAC-UMS TS A 5.4. Section 11.1.2.2 of the 
FSAR states, ``Blockage of Half of the Air Inlets would be detected by 
the daily concrete cask operability inspection, which is performed 
either by the outlet air temperature measurements or by visual 
inspection of the inlet and outlet screens for blockage and 
integrity.''

III. Discussion

    Under 10 CFR 72.7, the Commission may, upon application by any 
interested person or upon its own initiative, grant an exemption from 
the requirements of 10 CFR part 72, 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 is lawful, will not endanger life or property, or 
the common defense and security, and is otherwise in the public 
interest.

The Exemption Is Authorized by Law

    The exemption would permit the licensee to use either of the 
inspection methods permitted by NAC-UMS TS A 3.1.6 as an alternative to 
the single surveillance method in NAC-UMS TS A 5.4. The licensee would 
conduct a surveillance response within 4 hours after the occurrence of 
an off-normal, accident, or natural phenomena event, as required by 
NAC-UMS TS A 5.4, but would be permitted to use either temperature 
monitoring or visual inspection to ensure the Concrete Cask Heat 
Removal Systems are within the limiting conditions for operation. The 
exemption is limited to off-normal, accident, or natural phenomena 
events, specifically major snow or icing events (snow/ice events that 
have the potential to or that exceed blockage of greater than one-half 
of the inlet or outlet vents).
    The licensee requested an exemption from the provisions in 10 CFR 
part 72 that requires the licensee to comply

[[Page 8260]]

with the terms, conditions, and specifications of the CoC for the 
approved cask model that it uses. Section 72.7 allows the NRC to grant 
exemptions from the requirements of 10 CFR part 72. Issuance of this 
exemption is consistent with the Atomic Energy Act of 1954, as amended, 
and is not inconsistent with NRC regulations or other applicable laws.

The Exemption Is Consistent With the Common Defense and Security

    The requested exemption would allow the licensee to use the SR, 
conditions, required actions, and completion times defined in NAC-UMS 
TS A 3.1.6 as an alternative to the single-method surveillance response 
in NAC-UMS TS A 5.4. TS A 3.1.6 permits either visual inspection of the 
inlet and outlet screens or temperature monitoring to establish the 
operability of the Concrete Cask Heat Removal System for each NAC-UMS 
System and to comply with the limiting conditions for operation for TS 
A 3.1.6. Surveillance requirement 3.1.6.1 permits temperature 
monitoring or visual inspection of the inlet and outlet screens to be 
utilized to establish the operability of the Concrete Cask Heat Removal 
System for each NAC-UMS System to meet Limiting Condition for Operation 
3.1.6. In the event the applicable acceptance criterion of SR 3.1.6.1 
is not met, Required Action A.1 requires the licensee to immediately 
ensure adequate heat removal to prevent exceeding short-term 
temperature limits for each affected cask.
    The NRC staff reviewed the licensee's request and finds allowing 
the use of either visual surveillance of the inlet and outlet screens 
or temperature monitoring of the inlets and outlets within 4 hours of 
the occurrence of off-normal, accident, or natural phenomena events, 
when limited to major snow and icing events, does not compromise 
safety. The exemption still requires the licensee to perform SR 3.1.6.1 
to establish the operability of the Concrete Cask Heat Removal Systems 
every 24 hours via temperature monitoring or visual inspection of the 
inlet and outlet screens. In addition, the exemption provides no 
additional time to complete the required surveillance of the inlets and 
outlets screens in accordance with TS A 5.4. The use of either method 
will ensure that adequate air flows past the storage canisters and that 
heat transfer occurs. For these reasons, the NRC staff found the same 
level of safety is obtained by using either of the TS A 3.1.6 methods 
to comply with NAC-UMS TS A 5.4 during limited types off-normal, 
accident, or natural phenomena.
    The NRC staff has determined that the thermal, structural, 
criticality, retrievability, and radiation protection requirements of 
10 CFR part 72 and the offsite dose limits of 10 CFR part 20 will be 
maintained. For these reasons, the NRC staff finds the same level of 
safety is obtained by using either of the TS A 3.1.6 methods to comply 
with NAC-UMS TS A 5.4. Therefore, the NRC concludes that the exemption 
will not endanger life or property or the common defense and security.

The Exemption Presents No Undue Risk to Public Health and Safety

    As described in the application, exempting the licensee from visual 
surveillance of cask inlet and outlet vents within 4 hours of a major 
snowstorm would allow the licensee to prioritize more effectively 
important storm-related activities at the MY site. Snow and ice 
blockage of the inlet and outlet vents is unusual. Moreover, snow and 
ice blockages are identified reliably by temperature monitoring of 
individual casks. The NRC staff recognizes there is a risk to the 
safety of workers responsible for clearing snow and ice from cask pads 
during extreme winter conditions when visual surveillance of casks must 
be undertaken within 4 hours. The NRC staff finds this risk to workers 
can be reduced by using SR 3.1.6.1 to establish the operability of the 
Concrete Cask Heat Removal Systems via temperature monitoring or visual 
inspection of the inlet and outlet screens. In addition, the limiting 
conditions for operation of the NAC-UMS System require the Concrete 
Cask Heat Removal System for each cask to be operable during storage 
operation thus ensuring public health and safety are not reduced.
    Therefore, the NRC staff finds that allowing the licensee to use 
the SR, conditions, required actions, and completion times defined in 
NAC-UMS TS A 3.1.6 as an alternative method to the single-method 
surveillance response in NAC-UMS TS A 5.4 would reduce worker safety 
risks to plant workers involved in snow removal. Therefore, granting 
the exemption is otherwise in the public interest.

Environmental Considerations

    The NRC staff evaluated whether there would be significant 
environmental impacts associated with the issuance of the requested 
exemption. The NRC staff determined the proposed action fits a category 
of actions that do not require an environmental assessment or 
environmental impact statement. The exemption meets the categorical 
exclusion requirements of 10 CFR 51.22(c)(25)(i)-(vi).
    Granting an exemption from the requirements of 10 CFR 72.212(b)(3), 
10 CFR 72.212(b)(5)(i), and 10 CFR 72.214 for the MY ISFSI involves the 
inspection and surveillance requirements associated with TS A 5.4. A 
categorical exclusion for inspection and SRs is provided under 10 CFR 
51.22(c)(25)(vi)(C), if the criteria in 10 CFR 51.22(c)(25)(i)-(v) are 
also satisfied.
    The granting of the exemption: (i) Would not involve a significant 
hazards consideration because it does not reduce a margin of safety, 
create a new or different kind of accident not previously evaluated, or 
significantly increase the probability or consequences of an 
unevaluated accident; (ii) would not create a significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite because the exemption does not change or produce 
additional avenues of effluent release; (iii) would not significantly 
increase individual or cumulative public or occupational radiation 
exposure because the exemption does not introduce new or increased 
radiological hazards; (iv) would not result in significant construction 
impacts because the exemption would not involve construction or other 
ground disturbing activities, nor change the footprint of the existing 
ISFSI; (v) would not significantly increase the potential for or 
consequences from radiological accidents because the exemption requires 
a surveillance method that ensures the heat removal system of casks is 
maintained within the limiting conditions for operation; and (vi) the 
request seeks exemption from inspection or surveillance requirements, 
specifically, the single-method SR in NAC-UMS TS A 5.4 may be 
substituted with the SR, conditions, required actions, and completion 
times defined in NAC-UMS TS A 3.1.6.
    In its review of the exemption request, the NRC staff determined 
the proposed exemption meets the eligibility criterion for categorical 
exclusion in 10 CFR 51.22(c)(25). Therefore, there are no significant 
radiological environmental impacts associated with the proposed action.

IV. Conclusion

    The NRC has determined that, under 10 CFR 72.7, the exemption is 
authorized by law, will not endanger life or property or the common 
defense and security, and is otherwise in the public interest. 
Therefore, the NRC

[[Page 8261]]

grants MYAPC an exemption from the requirements in 10 CFR 72.212(b)(3), 
10 CFR 72.212(b)(5)(i), 10 CFR 72.214, and to TS A.5.4 for the NAC-UMS 
System CoC No. 1015 storage casks at the MY ISFSI. The exemption 
authorizes the licensee to use the surveillance requirement, 
conditions, required actions, and completion times defined in NAC-UMS 
TS A 3.1.6 to comply with NAC-UMS TS A 5.4 after off-normal, accident, 
or natural phenomena events, but is specifically limited to major snow 
or icing events.

    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 4th day of February, 2016.

    For the Nuclear Regulatory Commission.
Steve Ruffin,
Acting Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-03413 Filed 2-17-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  8258                        Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices

                                                    For the Nuclear Regulatory Commission.                introductory argument, and the NRC                    Document Room please see http://www.
                                                  Michael A. Norato,                                      Staff and the Licensee shall each have                nrc.gov/reading-rm/pdr.html.
                                                  Chief, Materials Decommissioning Branch                 10 minutes as well. The Petitioner may                  It is so ordered.
                                                  Division of Decommissioning, Uranium                    reserve up to 5 minutes of its allotted                 Rockville, Maryland February 10, 2016.
                                                  Recovery, and Waste Programs, Office of                 time for rebuttal. No other rebuttal will               For The Atomic Safety and Licensing
                                                  Nuclear Material Safety and Safeguards.                 be permitted.                                         Board.
                                                  [FR Doc. 2016–03419 Filed 2–17–16; 8:45 am]               In general, the participants should not             Ronald M. Spritzer,
                                                  BILLING CODE 7590–01–P                                  repeat arguments already presented in                 Chairman, Administrative Judge.
                                                                                                          their written filings, but should focus on            [FR Doc. 2016–03372 Filed 2–17–16; 8:45 am]
                                                                                                          responding to the Board’s questions.
                                                  NUCLEAR REGULATORY                                      The argument is not an evidentiary
                                                                                                                                                                BILLING CODE 7590–01–P
                                                  COMMISSION                                              hearing, and the participants therefore
                                                  [Docket Nos. 52–025 and 52–026; ASLBP                   should not attempt to introduce                       NUCLEAR REGULATORY
                                                  No. 16–944–01–LA–BD01]                                  evidence during the argument. The                     COMMISSION
                                                                                                          participants should advise the Board
                                                  Atomic Safety and Licensing Board;                      and the other participants no later than              [Docket Nos. 50–309, and 72–1015; NRC–
                                                  Before Administrative Judges: Ronald                    March 8, 2016 if they plan to refer to                2016–0028]
                                                  M. Spritzer, Chairman; Nicholas G.                      any type of visual aid during the
                                                  Trikouros; Dr. James F. Jackson; in                                                                           Independent Spent Fuel Storage
                                                                                                          argument. No material that is not
                                                  the Matter of Southern Nuclear                                                                                Installation, Maine Yankee Atomic
                                                                                                          already cited in the record before the
                                                  Operating Company, Inc.; (Vogtle                                                                              Power Company
                                                                                                          Board should be used as a visual aid.
                                                  Electric Generating Plant, Units 3 and                                                                        AGENCY:  Nuclear Regulatory
                                                  4)                                                      Public Attendance
                                                                                                                                                                Commission.
                                                  February 10, 2016.
                                                                                                             The public is welcome to attend the                ACTION: Exemption; issuance.
                                                                                                          argument, but space is limited within
                                                  Order                                                   the courtroom. Additionally, only the                 SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                          parties’ designated representatives will              Commission (NRC) is issuing an
                                                  (Scheduling Oral Argument)
                                                                                                          be permitted to participate in the                    exemption in response to a September 1,
                                                    Before the Board is a petition to                     argument. Neither signs nor any manner                2015, request from Maine Yankee
                                                  intervene and request for a hearing, filed              of demonstration will be permitted in                 Atomic Power Company, (MYAPC or
                                                  by Blue Ridge Environmental Defense                     the courtroom. Those people wishing to                licensee) from the requirement to
                                                  League and its chapter Concerned                        attend the oral argument in person                    comply with the terms, conditions, and
                                                  Citizens of Shell Bluff (collectively                   should contact the Board’s law clerk,                 specifications regarding the method of
                                                  Petitioner).1 Oral argument on                          Cooper Strickland, at 301–415–5880 or                 compliance defined in Amendment 5 of
                                                  contention admissibility will be held on                Cooper.Strickland@nrc.gov, no later                   the NAC International (NAC)-UMS
                                                  Tuesday, March 15, 2016, beginning at                   than Wednesday, March 9, 2016 to                      System Certificate of Compliance (CoC)
                                                  10:00 a.m. EDT. This argument will take                 provide their names for security                      No. 1015, Appendix A ‘‘Technical
                                                  place at the U.S. Bankruptcy Court,                     purposes. All persons participating in                Specifications for NAC–UMS System’’,
                                                  Federal Justice Center, Plaza Building,                 person must present a valid photo ID                  Technical Specifications (TS) A.5.4
                                                  600 James Brown Boulevard (formerly                     and should arrive at least fifteen                    ‘‘Surveillance After an Off-Normal,
                                                  9th Street), Augusta, GA 30901.                         minutes early so as to allow sufficient               Accident, or Natural Phenomena Event’’
                                                  Instructions                                            time to pass through security screening.              at the Maine Yankee (MY) Independent
                                                                                                          Furthermore, cell phones are not                      Spent Fuel Storage Installation (ISFSI).
                                                     On or before Friday, March 11, 2016,                 permitted in the Federal Justice Center.              The exemption request seeks a
                                                  the Petitioner, the Licensee, and the                                                                         modification of TS A.5.4 inspection
                                                  NRC Staff must each provide the names                   Transcript Availability                               requirements for the inlet and outlet
                                                  of their representatives by email to the                   Sometime after March 15, 2016, a                   vents following off-normal, accident,
                                                  Board and the service list. Only                        transcript of the oral argument will be               and natural phenomena events.
                                                  designated representatives will be                      available for public inspection                       ADDRESSES: Please refer to Docket ID
                                                  permitted to present oral argument.                     electronically on the NRC’s Electronic                NRC–2016–0028 when contacting the
                                                  Each counsel or other representative for                Hearing Docket (EHD). EHD is                          NRC about the availability of
                                                  each participant in this proceeding who                 accessible from the NRC Web site at                   information regarding this document.
                                                  has not already done so must file and                   https://adams.nrc.gov/ehd. For                        You may obtain publicly-available
                                                  serve a notice of appearance on or                      additional information regarding the                  information related to this document
                                                  before March 11, 2016, containing all of                EHD please see http://www.nrc.gov/                    using any of the following methods:
                                                  the information required by 10 CFR                      about-nrc/regulatory/adjudicatory.                       • Federal Rulemaking Web site: Go to
                                                  § 2.314(b).                                             html#ehd. Persons who do not have                     http://www.regulations.gov and search
                                                     The primary purpose of this oral                     access to the internet or who encounter               for Docket ID NRC–2016–0028. Address
                                                  argument is for the Board to ask                        problems in accessing the documents                   questions about NRC dockets to Carol
                                                  questions and receive answers                           located on the NRC’s Web site may                     Gallagher; telephone: 301–415–3463;
                                                  concerning contention admissibility
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          contact the NRC Public Document Room                  email: Carol.Gallagher@nrc.gov. For
                                                  issues presented by the pleadings. As to                reference staff by email to pdr@nrc.gov               technical questions, contact the
                                                  each contention, the Petitioner shall                   or by telephone at (800) 397–4209 or                  individual listed in the FOR FURTHER
                                                  have 15 minutes to present an                           (301) 415–4737. Reference staff are                   INFORMATION CONTACT section of this
                                                    1 Amended Petition for Leave to Intervene and
                                                                                                          available Monday through Friday                       document.
                                                  Request for Hearing by the Blue Ridge
                                                                                                          between 8:00 a.m. and 4:00 p.m. ET,                      • NRC’s Agencywide Documents
                                                  Environmental Defense League and its Chapter            except federal holidays. For additional               Access and Management System
                                                  Concerned Citizens of Shell Bluff (Dec. 23, 2015).      information regarding the NRC Public                  (ADAMS): You may obtain publicly


                                             VerDate Sep<11>2014   19:03 Feb 17, 2016   Jkt 238001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\18FEN1.SGM   18FEN1


                                                                              Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices                                             8259

                                                  available documents online in the                          • Section 72.212(b)(5)(i) requires, in             event in the area of the ISFSI to confirm
                                                  ADAMS Public Documents collection at                    relevant part, that a general licensee                operability of the CONCRETE CASK
                                                  http://www.nrc.gov/reading-rm/                          demonstrate a loaded cask will conform                Heat Removal System for each NAC–
                                                  adams.html. To begin the search, select                 to the terms, conditions, and                         UMS System. If a CONCRETE CASK
                                                  ‘‘ADAMS Public Documents’’ and then                     specifications of a CoC for a cask listed             Heat Removal System(s) for one or more
                                                  select ‘‘Begin Web-based ADAMS                          in § 72.214.                                          NAC–UMS Systems is determined to be
                                                  Search.’’ For problems with ADAMS,                         • Section 72.214 lists casks which are             inoperable, Condition A of TS A 3.1.6
                                                  please contact the NRC’s Public                         approved for storage of spent fuel under              shall be entered and the Required
                                                  Document Room (PDR) reference staff at                  conditions specified in their CoCs,                   Actions and associated Completion
                                                  1–800–397–4209, 301–415–4737, or by                     including CoC 1015 and Amendment                      Times met, including the immediate
                                                  email to pdr.resource@nrc.gov. The                      No. 5.                                                assurance of adequate heat removal to
                                                  ADAMS accession number for each                            The licensee, as a 10 CFR 72 general               prevent exceeding short-term
                                                  document referenced in this document                    licensee, is required to use the NAC–                 temperature limits for each affected
                                                  (if that document is available in                       UMS System according to the TS of the                 cask.
                                                  ADAMS) is provided the first time that                  NAC–UMS System CoC No. 1015.                            The NAC–UMS Final Safety Analysis
                                                  a document is referenced.                               Amendment No. 5 of the NAC–UMS                        Report (FSAR) supports the use of either
                                                     • NRC’s PDR: You may examine and                     CoC No. 1015, Appendix A, ‘‘Technical                 method defined in SR 3.1.6.1 to
                                                  purchase copies of public documents at                  Specifications for the NAC–UMS                        establish operability to comply with
                                                  the NRC’s PDR, Room O1–F21, One                         System.’’ Technical specification A 5.4,              NAC–UMS TS A 3.1.6 or NAC–UMS TS
                                                  White Flint North, 11555 Rockville                      ‘‘Surveillance After an Off-Normal,                   A 5.4. Section 11.1.2.2 of the FSAR
                                                  Pike, Rockville, Maryland 20852.                        Accident, or Natural Phenomena Event’’                states, ‘‘Blockage of Half of the Air Inlets
                                                                                                          requires that a general licensee                      would be detected by the daily concrete
                                                  FOR FURTHER INFORMATION CONTACT: John
                                                                                                          undertake a visual surveillance of the                cask operability inspection, which is
                                                  Goshen, Office of Nuclear Material                      NAC–UMS casks within 4 hours after                    performed either by the outlet air
                                                  Safety and Safeguards, telephone: 301–                  the occurrence of an off-normal,                      temperature measurements or by visual
                                                  415–6933, email: John.Goshen@nrc.gov;                   accident or natural phenomena event in                inspection of the inlet and outlet
                                                  U.S. Nuclear Regulatory Commission,                     the area of the ISFSI. This NAC–UMS                   screens for blockage and integrity.’’
                                                  Washington, DC 20555.                                   cask inspection is part of the general
                                                  SUPPLEMENTARY INFORMATION:                              licensee’s surveillance response to                   III. Discussion
                                                  I. Background                                           verify that all the CONCRETE CASK                        Under 10 CFR 72.7, the Commission
                                                                                                          inlets and outlets are not blocked or                 may, upon application by any interested
                                                     The licensee is the holder of Facility               obstructed. The NAC–UMS TS A 5.4                      person or upon its own initiative, grant
                                                  Operating License No. DPR 36 which                      also requires that at least one-half of the           an exemption from the requirements of
                                                  authorizes operation of MY located near                 inlets and outlets on each CONCRETE                   10 CFR part 72, the exemption is
                                                  Wiscasset, Maine, pursuant to part 50 of                CASK be cleared of blockage or debris                 authorized by law, will not endanger
                                                  title 10 of the Code of Federal                         within 24 hours to restore air                        life or property or the common defense
                                                  Regulations (10 CFR). The facility is in                circulation.                                          and security and is otherwise in the
                                                  decommissioned status. The license                         The licensee seeks the NRC’s                       public interest. As explained below, the
                                                  provides, among other things, that the                  authorization to use NAC–UMS TS A                     proposed exemption is lawful, will not
                                                  facility is subject to all rules,                       3.1.6 as an alternative to the visual                 endanger life or property, or the
                                                  regulations, and orders of the NRC now                  surveillance method specified in NAC–                 common defense and security, and is
                                                  or hereafter in effect.                                 UMS TS A 5.4. Technical Specification                 otherwise in the public interest.
                                                     Under Subpart K of 10 CFR part 72,                   A 3.1.6 permits either visual
                                                  a general license has been issued for the               surveillance of the inlets and outlets                The Exemption Is Authorized by Law
                                                  storage of spent fuel in an ISFSI at                    screens or temperature monitoring of                     The exemption would permit the
                                                  power reactor sites to persons                          each cask to establish the operability of             licensee to use either of the inspection
                                                  authorized to possess or operate nuclear                the Concrete Cask Heat Removal System                 methods permitted by NAC–UMS TS A
                                                  power reactors under 10 CFR part 50.                    for each NAC–UMS cask and to show                     3.1.6 as an alternative to the single
                                                  Maine Yankee Atomic Power Company                       that the limiting conditions for                      surveillance method in NAC–UMS TS A
                                                  is licensed to operate a nuclear power                  operation under 3.1.6 are met. Technical              5.4. The licensee would conduct a
                                                  reactor under 10 CFR part 50, and                       Specification A 3.1.6 establishes                     surveillance response within 4 hours
                                                  authorized under the 10 CFR part 72                     ongoing requirements that MY must                     after the occurrence of an off-normal,
                                                  general license to store spent fuel at the              comply with during all phases of the                  accident, or natural phenomena event,
                                                  MY ISFSI. Under the terms of the                        cask storage operations, not only after               as required by NAC–UMS TS A 5.4, but
                                                  general license, MY stores spent fuel                   an unusual event in the area of the                   would be permitted to use either
                                                  using Amendment No. 5 of the NAC–                       ISFSI. In effect, TS A 3.1.6 provides                 temperature monitoring or visual
                                                  UMS CoC No. 1015.                                       continuous temperature monitoring or                  inspection to ensure the Concrete Cask
                                                                                                          visual verification of all NAC–UMS No.                Heat Removal Systems are within the
                                                  II. Request/Action
                                                                                                          1015 casks.                                           limiting conditions for operation. The
                                                     The licensee requests an exemption                      The proposed alternative for                       exemption is limited to off-normal,
                                                  from 10 CFR 72.212(b)(3), 10 CFR                        implementing TS A 5.4 provides that                   accident, or natural phenomena events,
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                                                  72.212(b)(5)(i), and 10 CFR 72.214 for                  Surveillance Requirement (SR) 3.1.6.1 is              specifically major snow or icing events
                                                  the MY ISFSI.                                           required to be performed following off-               (snow/ice events that have the potential
                                                     • Section 72.212(b)(3) requires that a               normal, accident or natural phenomena                 to or that exceed blockage of greater
                                                  general licensee use casks that conform                 events. The NAC–UMS SYSTEMs in use                    than one-half of the inlet or outlet
                                                  to the terms, conditions, and                           at an ISFSI shall be inspected in                     vents).
                                                  specifications of a CoC or amended CoC                  accordance with SR 3.1.6.1 within 4                      The licensee requested an exemption
                                                  listed in § 72.214. The NAC–UMS CoC                     hours after the occurrence of an off-                 from the provisions in 10 CFR part 72
                                                  No. 1015 is listed in 10 CFR 72.214.                    normal, accident or natural phenomena                 that requires the licensee to comply


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                                                  8260                        Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices

                                                  with the terms, conditions, and                         normal, accident, or natural                          environmental impact statement. The
                                                  specifications of the CoC for the                       phenomena.                                            exemption meets the categorical
                                                  approved cask model that it uses.                          The NRC staff has determined that the              exclusion requirements of 10 CFR
                                                  Section 72.7 allows the NRC to grant                    thermal, structural, criticality,                     51.22(c)(25)(i)–(vi).
                                                  exemptions from the requirements of 10                  retrievability, and radiation protection                 Granting an exemption from the
                                                  CFR part 72. Issuance of this exemption                 requirements of 10 CFR part 72 and the                requirements of 10 CFR 72.212(b)(3), 10
                                                  is consistent with the Atomic Energy                    offsite dose limits of 10 CFR part 20 will            CFR 72.212(b)(5)(i), and 10 CFR 72.214
                                                  Act of 1954, as amended, and is not                     be maintained. For these reasons, the                 for the MY ISFSI involves the
                                                  inconsistent with NRC regulations or                    NRC staff finds the same level of safety              inspection and surveillance
                                                  other applicable laws.                                  is obtained by using either of the TS A               requirements associated with TS A 5.4.
                                                                                                          3.1.6 methods to comply with NAC–                     A categorical exclusion for inspection
                                                  The Exemption Is Consistent With the                    UMS TS A 5.4. Therefore, the NRC                      and SRs is provided under 10 CFR
                                                  Common Defense and Security                             concludes that the exemption will not                 51.22(c)(25)(vi)(C), if the criteria in 10
                                                     The requested exemption would                        endanger life or property or the common               CFR 51.22(c)(25)(i)–(v) are also satisfied.
                                                  allow the licensee to use the SR,                       defense and security.                                    The granting of the exemption: (i)
                                                  conditions, required actions, and                                                                             Would not involve a significant hazards
                                                                                                          The Exemption Presents No Undue Risk                  consideration because it does not reduce
                                                  completion times defined in NAC–UMS                     to Public Health and Safety
                                                  TS A 3.1.6 as an alternative to the                                                                           a margin of safety, create a new or
                                                                                                             As described in the application,                   different kind of accident not previously
                                                  single-method surveillance response in
                                                                                                          exempting the licensee from visual                    evaluated, or significantly increase the
                                                  NAC–UMS TS A 5.4. TS A 3.1.6 permits
                                                                                                          surveillance of cask inlet and outlet                 probability or consequences of an
                                                  either visual inspection of the inlet and
                                                                                                          vents within 4 hours of a major                       unevaluated accident; (ii) would not
                                                  outlet screens or temperature
                                                                                                          snowstorm would allow the licensee to                 create a significant change in the types
                                                  monitoring to establish the operability
                                                                                                          prioritize more effectively important                 or significant increase in the amounts of
                                                  of the Concrete Cask Heat Removal
                                                                                                          storm-related activities at the MY site.              any effluents that may be released
                                                  System for each NAC–UMS System and
                                                                                                          Snow and ice blockage of the inlet and                offsite because the exemption does not
                                                  to comply with the limiting conditions                  outlet vents is unusual. Moreover, snow               change or produce additional avenues of
                                                  for operation for TS A 3.1.6.                           and ice blockages are identified reliably             effluent release; (iii) would not
                                                  Surveillance requirement 3.1.6.1                        by temperature monitoring of individual               significantly increase individual or
                                                  permits temperature monitoring or                       casks. The NRC staff recognizes there is              cumulative public or occupational
                                                  visual inspection of the inlet and outlet               a risk to the safety of workers                       radiation exposure because the
                                                  screens to be utilized to establish the                 responsible for clearing snow and ice                 exemption does not introduce new or
                                                  operability of the Concrete Cask Heat                   from cask pads during extreme winter                  increased radiological hazards; (iv)
                                                  Removal System for each NAC–UMS                         conditions when visual surveillance of                would not result in significant
                                                  System to meet Limiting Condition for                   casks must be undertaken within 4                     construction impacts because the
                                                  Operation 3.1.6. In the event the                       hours. The NRC staff finds this risk to               exemption would not involve
                                                  applicable acceptance criterion of SR                   workers can be reduced by using SR                    construction or other ground disturbing
                                                  3.1.6.1 is not met, Required Action A.1                 3.1.6.1 to establish the operability of the           activities, nor change the footprint of
                                                  requires the licensee to immediately                    Concrete Cask Heat Removal Systems                    the existing ISFSI; (v) would not
                                                  ensure adequate heat removal to prevent                 via temperature monitoring or visual                  significantly increase the potential for or
                                                  exceeding short-term temperature limits                 inspection of the inlet and outlet                    consequences from radiological
                                                  for each affected cask.                                 screens. In addition, the limiting                    accidents because the exemption
                                                     The NRC staff reviewed the licensee’s                conditions for operation of the NAC–                  requires a surveillance method that
                                                  request and finds allowing the use of                   UMS System require the Concrete Cask                  ensures the heat removal system of
                                                  either visual surveillance of the inlet                 Heat Removal System for each cask to                  casks is maintained within the limiting
                                                  and outlet screens or temperature                       be operable during storage operation                  conditions for operation; and (vi) the
                                                  monitoring of the inlets and outlets                    thus ensuring public health and safety                request seeks exemption from
                                                  within 4 hours of the occurrence of off-                are not reduced.                                      inspection or surveillance requirements,
                                                  normal, accident, or natural phenomena                     Therefore, the NRC staff finds that                specifically, the single-method SR in
                                                  events, when limited to major snow and                  allowing the licensee to use the SR,                  NAC–UMS TS A 5.4 may be substituted
                                                  icing events, does not compromise                       conditions, required actions, and                     with the SR, conditions, required
                                                  safety. The exemption still requires the                completion times defined in NAC–UMS                   actions, and completion times defined
                                                  licensee to perform SR 3.1.6.1 to                       TS A 3.1.6 as an alternative method to                in NAC–UMS TS A 3.1.6.
                                                  establish the operability of the Concrete               the single-method surveillance response                  In its review of the exemption request,
                                                  Cask Heat Removal Systems every 24                      in NAC–UMS TS A 5.4 would reduce                      the NRC staff determined the proposed
                                                  hours via temperature monitoring or                     worker safety risks to plant workers                  exemption meets the eligibility criterion
                                                  visual inspection of the inlet and outlet               involved in snow removal. Therefore,                  for categorical exclusion in 10 CFR
                                                  screens. In addition, the exemption                     granting the exemption is otherwise in                51.22(c)(25). Therefore, there are no
                                                  provides no additional time to complete                 the public interest.                                  significant radiological environmental
                                                  the required surveillance of the inlets                                                                       impacts associated with the proposed
                                                  and outlets screens in accordance with                  Environmental Considerations
                                                                                                                                                                action.
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                                                  TS A 5.4. The use of either method will                   The NRC staff evaluated whether
                                                  ensure that adequate air flows past the                 there would be significant                            IV. Conclusion
                                                  storage canisters and that heat transfer                environmental impacts associated with                    The NRC has determined that, under
                                                  occurs. For these reasons, the NRC staff                the issuance of the requested                         10 CFR 72.7, the exemption is
                                                  found the same level of safety is                       exemption. The NRC staff determined                   authorized by law, will not endanger
                                                  obtained by using either of the TS A                    the proposed action fits a category of                life or property or the common defense
                                                  3.1.6 methods to comply with NAC–                       actions that do not require an                        and security, and is otherwise in the
                                                  UMS TS A 5.4 during limited types off-                  environmental assessment or                           public interest. Therefore, the NRC


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                                                                              Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices                                                  8261

                                                  grants MYAPC an exemption from the                      FOR FURTHER INFORMATION CONTACT:                      113 negotiated service agreement. This
                                                  requirements in 10 CFR 72.212(b)(3), 10                 OPIC Agency Submitting Officer: James                 notice informs the public of the filing,
                                                  CFR 72.212(b)(5)(i), 10 CFR 72.214, and                 Bobbitt, (202)336–8558.                               invites public comment, and takes other
                                                  to TS A.5.4 for the NAC–UMS System                      SUPPLEMENTARY INFORMATION: All mailed                 administrative steps.
                                                  CoC No. 1015 storage casks at the MY                    comments and requests for copies of the               DATES: Comments are due: February 19,
                                                  ISFSI. The exemption authorizes the                     subject form should include form                      2016.
                                                  licensee to use the surveillance                        number [OPIC–258] on both the                         ADDRESSES: Submit comments
                                                  requirement, conditions, required                       envelope and in the subject line of the               electronically via the Commission’s
                                                  actions, and completion times defined                   letter. Electronic comments and requests              Filing Online system at http://
                                                  in NAC–UMS TS A 3.1.6 to comply                         for copies of the subject form may be                 www.prc.gov. Those who cannot submit
                                                  with NAC–UMS TS A 5.4 after off-                        sent to James.Bobbitt@opic.gov, subject               comments electronically should contact
                                                  normal, accident, or natural phenomena                  line [OPIC–258].                                      the person identified in the FOR FURTHER
                                                  events, but is specifically limited to                  SUMMARY FORM UNDER REVIEW                             INFORMATION CONTACT section by
                                                  major snow or icing events.                                Type of Request: New information                   telephone for advice on filing
                                                     This exemption is effective upon issuance.           collection.                                           alternatives.
                                                     Dated at Rockville, Maryland, this 4th day              Title: Customer Satisfaction Survey.               FOR FURTHER INFORMATION CONTACT:
                                                  of February, 2016.                                         Form Number: OPIC–258.                             David A. Trissell, General Counsel, at
                                                     For the Nuclear Regulatory Commission.                  Frequency of Use: One per investor                 202–789–6820.
                                                  Steve Ruffin,                                           per project per year.
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                             Type of Respondents: Business, other
                                                  Acting Chief, Spent Fuel Licensing Branch,
                                                  Division of Spent Fuel Management, Office               institutions, individuals.                            Table of Contents
                                                  of Nuclear Material Safety and Safeguards.                 Standard Industrial Classification
                                                                                                                                                                I. Introduction
                                                  [FR Doc. 2016–03413 Filed 2–17–16; 8:45 am]
                                                                                                          Codes: All.                                           II. Notice of Filings
                                                                                                             Description of Affected Public: U.S.               III. Ordering Paragraphs
                                                  BILLING CODE 7590–01–P
                                                                                                          companies or citizens with significant
                                                                                                          involvement in OPIC projects.                         I. Introduction
                                                                                                             Reporting Hours: 558*0.333 = 186                      On February 10, 2016, the Postal
                                                  OVERSEAS PRIVATE INVESTMENT                             hours.                                                Service filed notice that it has agreed to
                                                  CORPORATION                                                Number of Responses: 558 per year,                 an amendment to the existing Priority
                                                                                                          based on OPIC’s portfolio as of 9/30/                 Mail Contract 113 negotiated service
                                                                                                          2015.                                                 agreement approved in this docket.1 In
                                                  [OPIC–258, OMB 3420–xxxx]
                                                                                                             Federal Cost: $9,694.                              support of its Notice, the Postal Service
                                                  Submission for OMB Review;                                 Authority for Information Collection:              includes a redacted copy of the
                                                  Comments Request                                        Sections 231 and 239(d) of the Foreign                amendment as Attachment A
                                                                                                          Assistance Act of 1961, as amended.                   (Amendment). The Postal Service
                                                  AGENCY: Overseas Private Investment                        Abstract (Needs and Uses): The                     asserts that the supporting financial
                                                  Corporation (OPIC).                                     Customer Satisfaction Survey is the                   documentation and financial
                                                  ACTION: Notice and request for                          survey tool used by OPIC to assess the                certification it initially provided remain
                                                  comments.                                               overall working experience of clients                 applicable. Notice at 1.
                                                                                                          and partners doing business with OPIC.                   The Postal Service also filed the
                                                  SUMMARY:   Under the provisions of the                  It is used to collect data and suggestions            unredacted Amendment under seal. The
                                                  Paperwork Reduction Act (44 U.S.C.                      to improve customer services to provide               Postal Service seeks to incorporate by
                                                  Chapter 35), agencies are required to                   debt financing, insurance and                         reference the Application for Non-
                                                  publish a Notice in the Federal Register                investment funds for overseas                         Public Treatment originally filed in this
                                                  notifying the public that the agency is                 businesses. OPIC’s mandate is to                      docket for the protection of information
                                                  creating a new information collection                   catalyze private capital for sustainable              that it has filed under seal. Id.
                                                  for OMB review and approval and                         economic development, to advance U.S.                    The Amendment adds an alternative
                                                  requests public review and comment on                   foreign policy and development goals                  provision for the adjustment of prices in
                                                  the submission. Comments are being                      abroad.                                               subsequent contract years. Amendment
                                                  solicited on the need for the                             Dated: February 11, 2016.                           at 1. The Postal Service intends for the
                                                  information; the accuracy of OPIC’s                     Nichole Skoyles,                                      Amendment to become effective 1
                                                  burden estimate; the quality, practical                                                                       business day after the date that the
                                                                                                          Administrative Counsel, Department of Legal
                                                  utility, and clarity of the information to              Affairs.                                              Commission completes its review of the
                                                  be collected; and ways to minimize                                                                            Notice. Notice at 1. The Postal Service
                                                                                                          [FR Doc. 2016–03420 Filed 2–17–16; 8:45 am]
                                                  reporting the burden, including                                                                               asserts that the Amendment will not
                                                                                                          BILLING CODE 3210–01–P
                                                  automated collected techniques and                                                                            materially affect the cost coverage of
                                                  uses of other forms of technology.                                                                            Priority Mail Contract 113. Id.
                                                  DATES: Comments must be received
                                                                                                          POSTAL REGULATORY COMMISSION                          II. Notice of Filings
                                                  within sixty (60) calendar days of
                                                  publication of this Notice.                             [Docket No. CP2015–43; Order No. 3068]                   The Commission invites comments on
                                                                                                                                                                whether the changes presented in the
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                                                  ADDRESSES: Mail all comments and
                                                  requests for copies of the subject form                 New Postal Product                                    Postal Service’s Notice are consistent
                                                  to OPIC’s Agency Submitting Officer:                                                                          with the policies of 39 U.S.C. 3632,
                                                                                                          AGENCY:   Postal Regulatory Commission.
                                                  James Bobbitt, Overseas Private                                                                               3633, or 3642, 39 CFR 3015.5, and 39
                                                                                                          ACTION:   Notice.
                                                  Investment Corporation, 1100 New York                                                                           1 Notice of United States Postal Service of
                                                  Avenue NW., Washington, DC 20527.                       SUMMARY:  The Commission is noticing a                Amendment to Priority Mail Contract 113, with
                                                  See SUPPLEMENTARY INFORMATION for                       recent Postal Service filing concerning               Portions Filed Under Seal, February 10, 2016
                                                  other information about filing.                         an amendment to Priority Mail Contract                (Notice).



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Document Created: 2016-02-18 07:46:11
Document Modified: 2016-02-18 07:46:11
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.
ContactJohn Goshen, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6933, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555.
FR Citation81 FR 8258 

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