[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)] [Notices] [Pages 50459-50461] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 01-24706] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket 72-12] Entergy Nuclear Operations, Inc. James A. Fitzpatrick Nuclear Power Plant; Independent Spent Fuel Storage Installation Issuance of Environmental Assessment; and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering issuance of an exemption, pursuant to 10 CFR 72.7, from the provisions of 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7) and 72.214 to Entergy Nuclear Operations, Inc. (Entergy). The requested exemption would allow Entergy to deviate from the condition in Certificate of Compliance 1014, Appendix A, Surveillance Requirement 3.2.3.1 and Figure 3.2.3-1, for the HI-STORM 100 Cask System, listed in 10 CFR 72.214, at the James A. FitzPatrick Independent Spent Fuel Storage Installation (ISFSI). This exemption would allow alternative surveillance requirements to be used rather than those specified in the HI-STORM 100 Cask System Certificate of Compliance. Environmental Assessment Identification of Proposed Action By letter dated August 24, 2001, Entergy requested an exemption from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), and 72.214 to deviate from the requirements of Certificate of Compliance 1014, Appendix A, Surveillance Requirement 3.2.3.1 and Figure 3.2.3-1, for the HI-STORM 100 Cask System, authorized by NRC to use spent fuel storage casks approved under 10 CFR Part 72, Subpart K. The staff is [[Page 50460]] also considering an exemption to 10 CFR 72.212(b)(7). Entergy plans to use the HI-STORM 100 Cask System to store spent nuclear fuel, generated at the James A. FitzPatrick Nuclear Power Plant, at an ISFSI located in Oswego, New York, on the James A. FitzPatrick Nuclear Power Plant site. The FitzPatrick ISFSI has been constructed for interim dry storage of spent nuclear fuel. By exempting Entergy from 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7) and 72.214, Entergy will be authorized to perform the following surface dose measurements on the loaded HI-STORM 100 Cask Systems: A minimum of 12 dose rate measurements shall be taken on the side of the OVERPACK in three sets of four measurements. One measurement set shall be taken approximately at the cask mid-height plane, 90 degrees apart around the circumference of the cask. The second and third measurement sets shall be taken approximately 60 inches above and below the mid-height plane, respectively, also 90 degrees apart around the circumference of the cask. The average of the 12 dose rate measurements shall be compared to the limit specified in LCO 3.2.3.a. A minimum of five (5) dose rate measurements shall be taken of the top of the OVERPACK. One dose rate measurement shall be taken at approximately the center of the lid and four measurements shall be taken at locations on the top concrete shield, approximately half way between the center and the edge of the top shield, 90 degrees apart around the circumference of the lid. The average of the five (5) dose rate measurements shall be compared to the limit specified in LCO 3.2.3.b. A dose rate measurement shall be taken adjacent to each inlet and outlet vent duct. The average of the eight (8) inlet and outlet duct dose rates shall be compared to the limit specified in LCO 3.2.3.c. The surface dose measurement locations specified above would be in lieu of those specified in Certificate of Compliance 1014, Appendix A, Surveillance Requirement 3.2.3.1 and Figure 3.2.3-1, for the HI-STORM 100 Cask System, authorized by NRC to use spent fuel storage casks approved under 10 CFR Part 72, Subpart K. This figure shows the required surface dose rate measurement locations on a Holtec HI-STORM 100 cask. To replace the figure, the applicant added verbiage to SR 3.2.3.1, to direct users to the proper locations for taking dose rate measurements necessary to demonstrate compliance with Limiting Condition for Operation (LCO) 3.2.3. The new verbiage added to SR 3.2.3.1, along with the deletion of Figure 3.2.3-1, results in the same performance of average surface dose rate measurement determinations as is currently approved. The proposed action before the Commission is whether to grant this exemption under 10 CFR 72.7. The NRC staff has reviewed the Entergy application, evaluated the public health and safety and environmental impacts of the proposed exemption and determined that revised surface dose measurement surveillance is acceptable because the revised surveillance results in the same performance of average surface dose rate measurement determinations as is currently approved. NRC staff has determined that the revised surface dose measurement surveillance is acceptable and granting the exemption would not result in any significant impacts. Additionally, the NRC staff has found that use of the revised surveillance would have minimal impact on the design basis and would not be inimical to public health and safety. Need for the Proposed Action The James A. FitzPatrick Nuclear Power Plant will lose full core off-load capability in the James A. FitzPatrick spent fuel pool after the upcoming refueling outage in the fall of 2002. In order to ensure that full core off-load capability in the James A. FitzPatrick spent fuel pool is maintained after the refueling outage, Entergy must load three 68 assembly multi-purpose canisters. Unless the exemption is granted or the Certificate is amended, Entergy will not be in full conformance with the Certificate and not be able to load the multi- purpose canisters. On July 3, 2001, the cask designer, Holtec International (Holtec) submitted to the NRC an application to amend Certificate of Compliance 1014 (HI-STORM Amendment 1). The application includes a request to revise the surveillance requirements. Because NRC review and the 10 CFR Part 72 rulemaking to amend the Certificate will not be completed prior to the date that Entergy plans to begin loading HI-STORM 100 Cask Systems, the NRC is granting this exemption based on the staff's technical review of information submitted by Entergy. Environmental Impacts of the Proposed Action The potential environmental impact of using the HI-STORM 100 Cask System was initially presented in the Environmental Assessment (EA) for the Final Rule to add the HI-STORM 100 Cask System to the list of approved spent fuel storage casks in 10 CFR 72.214 (65 FR 25241, dated May 1, 2000). The revised surveillance does not increase the probability or consequence of accidents. No changes have been requested to the types or quantities of any radiological effluents that may be released offsite, and there is not significant increase in occupational or public radiation exposure. There are no significant radiological environmental impacts associated with the proposed action. The HI-STORM 100 Cask System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an ISFSI include tornado winds and tornado generated missiles, design basis earthquake, design basis flood, accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific cask and site design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control. Without the loss of either containment, shielding, or criticality control, the risk to public health and safety is not compromised. Therefore, the staff has determined that there is no reduction in the safety margin nor significant environmental impacts as a result of revising the surface dose surveillance. Alternative to the Proposed Action Since there is no significant environmental impact associated with the proposed action, alternatives with equal or greater environmental impact are not evaluated. The alternative to the proposed action would be to deny approval of the exemption. Denial of the exemption request will have the same environmental impact. Agencies and Persons Consulted On September 4, 2001, Mr. J. Spath of the New York State Energy Research and Development Authority, was contacted about the Environmental Assessment for the proposed action and had no comments. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR Part 51. Based upon the foregoing EA, the Commission finds that the proposed action of granting an exemption from 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.121(b)(7) and 72.214 so that Entergy may utilize [[Page 50461]] modified surveillance requirements for the HI-STORM 100 Cask Systems at the FitzPatrick ISFSI will not significantly impact the quality of the human environment. Accordingly, the Commission has determined not to prepare an environmental impact statement for the proposed exemption. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/NRC/ ADAMS/index.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415- 4737 or by e-mail to [email protected]. Dated at Rockville, Maryland, this 17th day of September 2001. For the Nuclear Regulatory Commission. E. William Brach, Director, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 01-24706 Filed 10-2-01; 8:45 am] BILLING CODE 7590-01-P