South Texas Project Nuclear Operating Company; South Texas Project Electric Generating Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Environmental Assessment and Finding of No Significant Impact

• Published date: 26 June 2024
• Citation: 89 FR 53452
• Pages: 53452-53455
• FR Document: 2024-13978
• Section: Notices
• Issuer: Nuclear Regulatory Commission

Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)

[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
                [Notices]
                [Pages 53452-53455]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-13978]
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                NUCLEAR REGULATORY COMMISSION
                [Docket Nos. 72-1041, 50-498, and 50-499; NRC-2024-0104]
                South Texas Project Nuclear Operating Company; South Texas
                Project Electric Generating Station, Units 1 and 2; Independent Spent
                Fuel Storage Installation; Environmental Assessment and Finding of No
                Significant Impact
                AGENCY: Nuclear Regulatory Commission.
                ACTION: Notice; issuance.
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                SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
                environmental assessment (EA) and a
                [[Page 53453]]
                finding of no significant impact (FONSI) for an exemption request
                submitted by South Texas Project Nuclear Operating Company (STPNOC)
                that would permit South Texas Project Electric Generating Station (STP)
                to shuffle (relocate) 10 loaded and load two new 37 multi-purpose
                canisters (MPC) with continuous basket shims (CBS) in January and March
                2025, respectively, in the HI-STORM Flood/Wind (FW) MPC Storage System
                at its STP Units 1 and 2 independent spent fuel storage installation
                (ISFSI) in a storage condition where the terms, conditions, and
                specifications in the Certificate of Compliance (CoC) No. 1032,
                Amendment No. 2, are not met.
                DATES: The EA and FONSI referenced in this document are available on
                June 26, 2024.
                ADDRESSES: Please refer to Docket ID NRC-2024-0104 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0104. Address
                questions about Docket IDs in Regulations.gov to Stacy Schumann;
                telephone: 301-415-0624; email: [email protected]. For technical
                questions, contact the individual listed in the For Further Information
                Contact section of this document. NRC's Agencywide Documents Access and Management System
                (ADAMS): You may obtain publicly available documents online in the
                ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
                Search.'' For problems with ADAMS, please contact the NRC's Public
                Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
                or by email to [email protected]. For the convenience of the reader,
                instructions about obtaining materials referenced in this document are
                provided in the ``Availability of Documents'' section. NRC's PDR: The PDR, where you may examine and order copies
                of publicly available documents, is open by appointment. To make an
                appointment to visit the PDR, please send an email to
                [email protected] or call 1-800-397-4209 or 301-415-4737, between 8
                a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
                Federal holidays.
                FOR FURTHER INFORMATION CONTACT: Yen-Ju Chen, Office of Nuclear
                Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
                Washington, DC 20555; telephone: 301-415-1018; email: [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Introduction The NRC is reviewing an exemption request from STPNOC, dated May 7,
                2024, and supplemented on May 15, 2024. STPNOC is requesting an
                exemption, pursuant to section 72.7 of title 10 of the Code of Federal
                Regulations (10 CFR), in paragraphs 72.212(a)(2), 72.212(b)(3),
                72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require STPNOC to
                comply with the terms, conditions, and specifications of CoC No. 1032,
                Amendment No. 2. If approved, the exemption would allow STPNOC to
                shuffle (relocate) 10 loaded MPC-37-CBS in the HI-STORM FW MPC Storage
                System on the ISFSI pad at the STP ISFSI in January 2025, and load two
                MPC-37-CBS in March 2025 in the HI-STORM FW MPC Storage System at the
                STP ISFSI in a storage condition where the terms, conditions, and
                specifications in CoC No. 1032, Amendment No. 2, are not met.
                II. Environmental Assessment
                Background STP is located in Bay City, Texas. STP occupies a 12,200-acre site
                west of the Colorado River and approximately 70 miles southwest of
                Houston. Unit 1 began operating in 1988 and Unit 2 began operating in
                1989. STPNOC has been storing spent nuclear fuel in an ISFSI at STP
                under a general license as authorized by 10 CFR part 72, subpart K,
                ``General License for Storage of Spent Fuel at Power Reactor Sites.''
                STPNOC currently uses the HI-STORM FW MPC Storage System under CoC No.
                1032, Amendment No. 2, for dry storage of spent nuclear fuel in a
                specific MPC (i.e., MPC-37) at the STP ISFSI.
                Description of the Proposed Action The CoC is the NRC approved design for each dry cask storage
                system. The proposed action would exempt the applicant from the
                requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i),
                72.212(b)(11), and 72.214 only as these requirements pertain to the use
                of the MPC-37-CBS in the HI-STORM FW MPC Storage System for the near-
                term planned shuffling and loading of the systems. The exemption would
                allow STPNOC to shuffle (relocate) 10 loaded MPC-37-CBS in the HI-STORM
                FW MPC Storage System on the ISFSI pad at the STP ISFSI in January
                2025, and load two new MPC-37-CBS in March 2025 in the HI-STORM FW MPC
                Storage System at the STP ISFSI in a storage condition, despite the
                MPC-37-CBS in the HI-STORM FW MPC Storage System not being in
                compliance with the terms, conditions, and specifications in the CoC
                No. 1032, Amendment No. 2. The HI-STORM FW MPC Storage System CoC provides the requirements,
                conditions, and operating limits necessary for the use of the system to
                store spent fuel. Holtec International (Holtec), the designer and
                manufacturer of the HI-STORM FW MPC Storage System, developed a variant
                of the design with CBS for the MPC-37, known as MPC-37-CBS. Holtec
                originally implemented the CBS variant design under the provisions of
                10 CFR 72.48, which allows licensees to make changes to cask designs
                without a CoC amendment under certain conditions (listed in 10 CFR
                72.48(c)). After evaluating the specific changes to the cask designs,
                the NRC determined that Holtec erred when it implemented the CBS
                variant design under 10 CFR 72.48, as this was not the type of change
                allowed without a CoC amendment. For this reason, the NRC issued three
                Severity Level IV violations to Holtec. STPNOC plans to shuffle
                (relocate) the 10 loaded MPC-37-CBS canisters on the ISFSI pad in
                January 2025 and to load two new MPC-37-CBS in the HI-STORM FW MPC
                Storage System in March 2025. This exemption considers the relocation
                of the 10 already loaded canisters and the near-term planned loading of
                the two canisters with the CBS variant basket design.
                Need for the Proposed Action STPNOC requested this exemption in order to allow STP to shuffle
                (relocate) 10 loaded MPC-37-CBS in the HI-STORM FW MPC Storage System
                on the ISFSI pad at the STP ISFSI in January 2025, and load two new
                MPC-37-CBS in the HI-STORM FW MPC Storage System at the STP ISFSI in a
                storage condition in March 2025. Approval of the exemption request would allow STPNOC to effectively
                manage the margin for full core offload in the STP spent nuclear fuel
                pool to maintain its ability to offload fuel from the reactor and
                account for unplanned outages and cask storage component fabrication
                challenges that could drive rescheduling the loading campaign. It would
                reduce the decay heat removal demand on the spent fuel pool cooling
                system, and thus reduce the consequence of a design basis accident
                associated with a loss of spent fuel pool cooling event and the
                likelihood of a fuel handling accident. Approval of the exemption
                request would also allow
                [[Page 53454]]
                STPNOC to shuffle already loaded MPC-37-CBS canisters, and thus
                optimize available space on STP ISFSI pad for cask transporter
                maneuverability and minimize long-term damage to the STP ISFSI pad and
                personnel radiation exposure from cask transporter use.
                Environmental Impacts of the Proposed Action This EA evaluates the potential environmental impacts of granting
                an exemption from the terms, conditions, and specifications in CoC No.
                1032, Amendment No. 2. The exemption would allow STPNOC to shuffle
                (relocate) 10 loaded MPC-37-CBS in the HI-STORM FW MPC Storage System
                on the ISFSI pad at the STP ISFSI in January 2025, and load two new
                MPC-37-CBS in March 2025 in the HI-STORM FW MPC Storage System at the
                STP ISFSI in a storage condition. The potential environmental impacts of storing spent nuclear fuel
                in NRC-approved storage systems have been documented in previous
                assessments. On July 18, 1990, the NRC amended 10 CFR part 72 to
                provide for the storage of spent nuclear fuel under a general license
                in cask designs approved by the NRC. The EA for the 1990 final rule
                analyzed the potential environmental impacts of using NRC-approved
                storage casks. The EA for the HI-STORM FW MPC Storage System, CoC No.
                1032, Amendment No. 2, published on August 23, 2016, tiers off of the
                EA issued for the July 18, 1990, final rule. ``Tiering'' off earlier
                EAs is a standard process encouraged by the regulations implementing
                the National Environmental Policy Act of 1969 (NEPA) that entails the
                use of impact analyses of previous EAs to bound the impacts of a
                proposed action where appropriate. The Holtec HI-STORM FW MPC Storage
                System is designed to mitigate the effects of design basis accidents
                that could occur during storage. Considering the specific design
                requirements for the accident conditions, the design of the cask would
                prevent loss of containment, shielding, and criticality control. If
                there is no loss of containment, shielding, or criticality control, the
                environmental impacts would not be significant. The exemptions requested by STPNOC at the STP site as they relate
                to CoC No. 1032, Amendment No. 2, for the HI-STORM FW MPC Storage
                System are limited to the use of the CBS variant basket design only for
                shuffling the 10 already loaded canisters and near-term planned loading
                of two canisters utilizing the CBS variant basket design. The staff has
                determined that this change in the basket would not result in either
                radiological or non-radiological environmental impacts that
                significantly differ from the environmental impacts evaluated in the EA
                supporting the issuance of CoC No. 1032, Amendment No. 2. If the
                exemption is granted, there would be no significant change in the types
                or amounts of any effluents released, no significant increase in
                individual or cumulative public or occupational radiation exposure, and
                no significant increase in the potential for or consequences from
                radiological accidents. Accordingly, the Commission concludes that
                there would be no significant environmental impacts associated with the
                proposed action.
                Alternative to the Proposed Action The staff considered the no-action alternative. The no-action
                alternative (denial of the exemption request) would require STPNOC to
                keep the spent nuclear fuel in the spent fuel pool until the approved
                design canisters can be fabricated and delivered to the site in April
                2025 which is after the planned March 2025 loading campaign. Because
                the March 2025 loading campaign was scheduled, budgeted, and planned
                several years in advance based on planned refueling outages, new fuel
                receipts, and other enterprise-level projects while considering the
                availability of specialty resources (equipment, vendors), any delay
                would have cascading impacts to future new fuel receipt, refueling
                outage, and other enterprise projects. Delay beyond 2025, if unable to
                reschedule in 2025, would result in loading these two canisters during
                the next scheduled loading campaign in 2028. Then, the number of
                canisters to be loaded could increase even more based on the new
                criticality analysis for the spent fuel pools to accommodate the
                planned use of accident tolerant fuel. Further, if STPNOC does not shuffle the 10 loaded canisters, this
                could challenge the cask transporter maneuverability on the STP ISFSI
                pad, and thus increase the use of a cask transporter on the STP ISFSI
                pad, which could increase the long-term damage to the STP ISFSI pad and
                result in likely longer personnel radiation exposure from increased
                transporter use. The NRC has determined that these potential impacts of the no-
                action alternative could be avoided by proceeding with the proposed
                exemption, especially given that the staff has concluded in NRC's
                Safety Determination Memorandum, issued with respect to the enforcement
                action against Holtec regarding these violations, that fuel can be
                stored safely in the MPC-37-CBS canisters.
                Agencies Consulted The NRC provided the Texas Department of State Health Services
                (TDSHS) a copy of this draft EA for review by an email dated June 3,
                2024. On June 18, 2024, the TDSHS provided its concurrence by email.
                III. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed
                in accordance with the requirements in 10 CFR part 51, which implement
                NEPA. Based upon the foregoing EA, the NRC finds that the proposed
                action of granting the exemption from the regulations in 10 CFR
                72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11) and 72.214,
                which require the licensee to comply with the terms, conditions, and
                specifications of the CoC, would not significantly impact the quality
                of the human environment. The exemption in this case would be limited
                to the shuffling and near-term loading of specific canisters with the
                CBS variant basket design. Accordingly, the NRC has determined that a
                FONSI is appropriate, and an environmental impact statement is not
                warranted.
                IV. Availability of Documents The documents identified in the following table are available to
                interested persons through ADAMS, as indicated.
                ------------------------------------------------------------------------ ADAMS Accession No. or Document description Federal Register notice
                ------------------------------------------------------------------------
                STPNOC's request for exemption, dated May ML24128A157. 7, 2024.
                Supplement to request for exemption, dated ML24136A284. May 15, 2024.
                Certificate of Compliance No. 1032, ML16280A008 (Package). Amendment 2, dated November 7, 2016.
                Holtec International, Inc.--Notice of ML24016A190. Violation; The U.S. Nuclear Regulatory Commission Inspection Report No. 07201014/ 2022-201, EA-23-044, dated January 30, 2024.
                10 CFR part 72 amendment to allow spent 55 FR 29181. fuel storage in NRC-approved casks, dated July 18, 1990.
                [[Page 53455]] EA for part 72 amendment to allow spent ML051230231. fuel storage in NRC-approved casks, dated March 8, 1989.
                Direct Final Rule for List of Approved 81 FR 57442. Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 2, dated August 23, 2016.
                Safety Determination of a Potential ML24018A085. Structural Failure of the Fuel Basket During Accident Conditions for the HI- STORM 100 and HI-STORM Flood/Wind Dry Cask Storage Systems, dated January 31, 2024.
                NRC email to TDSHS requesting review of EA/ ML24170A886. FONSI for STP Exemption, dated June 3, 2024.
                TDSHS email response regarding review of EA/ ML24170A887. FONSI for TSP Exemption, dated June 18, 2024.
                ------------------------------------------------------------------------ Dated: June 21, 2024. For the Nuclear Regulatory Commission.
                Yoira Diaz-Sanabria,
                Chief, Storage and Transportation Licensing Branch, Division of Fuel
                Management, Office of Nuclear Material Safety and Safeguards.
                [FR Doc. 2024-13978 Filed 6-25-24; 8:45 am]
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