[Federal Register: March 30, 1999 (Volume 64, Number 60)]
[Notices]               
[Page 15184-15185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr99-82]

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NUCLEAR REGULATORY COMMISSION

[DOCKET 72-17]

 
Portland General Electric Company; Issuance of Environmental 
Assessment and Finding of No Significant Impact Regarding the Proposed 
Exemption From Certain Requirements of 10 CFR Part 72

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an exemption, pursuant to 10 CFR 72.7, from the 
requirements of 10 CFR 72.124(b) to Portland General Electric Company 
(PGE). Exemption from10 CFR 72.124(b) would provide relief to PGE from 
the requirement to use positive means to verify the continued efficacy 
of neutron absorbing materials for spent fuel storage casks stored at 
an independent spent fuel storage installation (ISFSI) at the Trojan 
Nuclear Plant (Docket Nos. 72-17 and 50-344) in Columbia County, 
Oregon. The proposed ISFSI would store spent nuclear fuel from the 
Trojan Nuclear Plant.

Environmental Assessment (EA)

Identification of Proposed

    By letter dated March 20, 1997, PGE requested an exemption from the 
requirement in 10 CFR 72.124(b) which states: ``When practicable the 
design of an ISFSI or MRS must be based on favorable geometry, 
permanently fixed neutron absorbing materials (poisons), or both. Where 
solid neutron absorbing materials are used [as a means for criticality 
control], the design shall provide for positive means to verify their 
continued efficacy.'' Specifically, PGE is requesting exemption from 
the requirement to provide a positive means to verify the continued 
efficacy of neutron absorbing materials.
    The proposed action before the Commission is whether to grant this 
exemption under 10 CFR 72.7 to release PGE from the requirement to use 
positive means to verify the continued efficacy of neutron absorbing 
materials for spent fuel storage casks stored at an ISFSI in accordance 
with 10 CFR 72.124(a).

Need for the Proposed Action

    The applicant is preparing to build and operate the Trojan ISFSI as 
described in its application and SAR, subject to approval of the 
pending licensing application. The exemption to 10 CFR 72.124(b) is 
necessary because, while this requirement is appropriate for wet spent 
fuel storage systems, it is not appropriate for dry spent fuel storage 
systems such as the one PGE plans to use for storage of spent fuel at 
the Trojan ISFSI. Periodic verification of neutron poison effectiveness 
is neither necessary nor practical for these casks.

Environmental Impacts of the Proposed Action

    Section 72.124(b) currently requires that where the design of an 
ISFSI uses solid neutron absorbing material as a method of criticality 
control, the design of the ISFSI shall provide a positive means to 
verify the continued efficacy of the absorbing material. On June 9, 
1998, the Commission issued a proposed rule (63 FR 31364) to revise 10 
CFR 72.124(b). The Commission proposed that for dry spent fuel storage 
systems, the continued efficacy of neutron absorbing material may be 
confirmed by a demonstration and analysis before use, showing that 
significant degradation of the material cannot occur over the life of 
the facility. The Commission stated in the proposed rule that the 
potentially corrosive environment under wet storage conditions is not 
present in dry storage systems because an inert environment is 
maintained. Under these conditions, there is no mechanism to 
significantly degrade the neutron absorbing material. Consequently, a 
positive means for verifying the continued efficacy of the

[[Page 15185]]

material is not required. A final rule to revise this regulation has 
not yet been issued by the Commission.
    The review of the applicant's SAR showed that credit was taken for 
only 75% of the original neutron absorbing material being present and 
that the neutron flux produced by the spent nuclear fuel would deplete 
only a small percentage of neutron absorbing material during the 
expected life of this facility. The neutron absorbing material (poison) 
is in a form that exposure to the ambient atmosphere of the basket 
interior will not cause a significant deterioration of the structural 
properties of the material over the expected life of the facility.

Alternative to the Proposed Action

    Since there is no significant environmental impact associated with 
the proposed action, any alternatives with equal or greater 
environmental impact are not evaluated. The alternative to the proposed 
action would be to deny approval of the 10 CFR 72.124(b) exemption and, 
therefore, not allow elimination of the requirement to verify the 
continued efficacy of neutron absorbing materials. This alternative 
would have the same or greater environmental impacts.

Agencies and Persons Consulted

    On March 1, 1999, Adam Bless from the Oregon Office of Energy was 
contacted about this EA for the proposed action and had no concerns.

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 72.124(b) 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.
    This application was docketed under 10 CFR Part 72, Docket 72-17. 
For further details with respect to this action, see the application 
for an ISFSI license dated March 26, 1996, and the request for 
exemption dated March 20, 1997, which are available for public 
inspection at the Commission's Public Document Room, 2120 L Street, NW, 
Washington, DC 20555, and the Local Public Document Room at the 
Portland State University, Branford Price Millar Library, 934 SW 
Harrison, Portland, Oregon 97207.

    Dated at Rockville, Maryland, this 24th day of March 1999.
    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-7761 Filed 3-29-99; 8:45 am]
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