Sacramento Municipal Utility District; Rancho Seco Nuclear Generating Station; Partial Exemption from Requirements of 10 CFR 50.719(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B, 394-396 [05-23]
Download as PDF
<![CDATA[
394
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
company’s background and history.
Therefore, pursuant to 21 U.S.C. 952(a)
and 958(a), and in accordance with 21
CFR 1301.34, the above named company
is granted registration as an importer of
the basic class of controlled substance
listed.
Dated: December 21, 2004.
William J. Walker,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. 05–59 Filed 1–3–05; 8:45 am]
BILLING CODE 4410–09–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–312]
Sacramento Municipal Utility District;
Rancho Seco Nuclear Generating
Station; Partial Exemption from
Requirements of 10 CFR 50.719(c); 10
CFR Part 50, Appendix A; 10 CFR Part
50, Appendix B
1.0
Background
Sacramento Municipal Utility District
(SMUD) is the licensee and holder of
Facility Operating License No. DPR–54
for the Rancho Seco Nuclear Generating
Station (Rancho Seco), a permanently
shutdown decommissioning nuclear
plant. Although permanently shutdown,
this facility is still subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC).
The Sacramento Municipal Utility
District (SMUD) shut down Rancho
Seco Nuclear Generating Station
permanently on June 7, 1989, after
approximately 15 years of operation. On
August 29, 1989, SMUD formally
informed the NRC that the plant was
shut down permanently. On May 20,
1991, SMUD submitted the Rancho Seco
decommissioning plan and on March
20, 1995, the NRC issued an Order
approving the decommissioning plan
and authorizing the decommissioning of
Rancho Seco.
SMUD began actively
decommissioning Rancho Seco in
February 1997, and completed the
transfer of all of the spent nuclear fuel
to the 10 CFR Part 72 licensed
Independent Spent Fuel Storage
Installation (ISFSI) on August 21, 2002.
Accordingly, the only quality-related
structures, systems, or components
(SSCs) at the Rancho Seco 10 CFR Part
50 licensed site are the radioactive
sources used to calibrate the
instrumentation used to measure
radioactivity in gaseous and liquid
effluents.
VerDate jul<14>2003
18:02 Jan 03, 2005
Jkt 205001
Plant dismantlement is substantially
(approximately 80%) complete and
most of the SSCs that were safetyrelated or important-to-safety have been
removed from the plant and shipped for
disposal. The pressurizer was shipped
to Envirocare for disposal in April 2004,
removal of the steam generators is in
progress with both steam generators
scheduled to be shipped to Envirocare
by spring 2005 (one by the end of 2004
and the second in spring 2005), and
activities in preparation for the reactor
vessel internals segmentation are
underway and mobilization of the
segmentation contractor is scheduled to
begin in early 2005.
On September 2, 2004, SMUD filed a
request for NRC approval of a partial
exemption from the recordkeeping
requirements of 10 CFR 50.71(c); 10 CFR
50, Appendix A; and 10 CFR 50,
Appendix B.
2.0 Request/Action
Pursuant to the requirements of 10
CFR 50.71(d)(2) and 10 CFR 50.12,
SMUD requested partial exemption to
the recordkeeping requirements of 10
CFR 50.71(c); 10 CFR Part 50, Appendix
A; CFR Part 50, Appendix B. This
exemption request was characterized as
‘‘partial’’ because the exemption would
apply only to the disposal of hardcopies
of records, prior to termination of the
Rancho Seco license, that: (1) Are
associated with the operation, design,
fabrication, erection, and testing of
structures, systems, and components
(SSCs) that are no longer quality-related
or important to safety or have been
removed from the plant for disposal;
and (2) require storage in their original
hard copy format due to practical and
feasibility limitations associated with
transferring them to microfilm or
microfiche.
Most of these records are for SSCs that
have been removed from Rancho Seco
and disposed of off-site. Disposal of
these records will not adversely impact
the ability to meet other NRC regulatory
requirements for the retention of records
[e.g., 10 CFR 50.54(a), (p), (q), and (bb);
10 CFR 50.59(d); 10 CFR 50.75(g); etc.].
These regulatory requirements ensure
that records from operation and
decommissioning activities are
maintained for safe decommissioning,
spent nuclear fuel storage, completion
and verification of final site survey, and
license termination.
3.0 Discussion
NRC licensees are required to
maintain their records according to the
NRC regulatory recordkeeping
requirements. Pursuant to the
requirements of 10 CFR 50.12, ‘‘Specific
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
Exemptions,’’ and 10 CFR 50.71(d)(2),
SMUD filed a request for a partial
exemption from the NRC regulatory
recordkeeping requirements contained
in 10 CFR 50.71(c), 10 CFR 50,
Appendix A, and 10 CFR 50, Appendix
B. The NRC recordkeeping requirements
at issue in SMUD’s request for
exemption are as follows.
10 CFR 50.71, ‘‘Maintenance of records,
making of reports,’’ subpart (c) states:
Records that are required by the regulations
in this part, by license condition, or by
technical specifications, must be retained for
the period specified by the appropriate
regulation, license condition, or technical
specification. If a retention period is not
otherwise specified, these records must be
retained until the Commission terminates the
facility license.
10 CFR 50, Appendix A, ‘‘General
Design Criteria for Nuclear Power
Plants,’’ establishes the necessary
design, fabrication, construction,
testing, and performance requirements
for structures, systems, and components
important to safety; that is, structures,
systems, and components that provide
reasonable assurance that the facility
can be operated without undue risk to
the health and safety of the public.
Specifically, SMUD requests an
exemption from Criterion 1, ‘‘Quality
standards and records,’’ which states in
part:
Appropriate records of the design,
fabrication, erection, and testing of
structures, systems, and components
important to safety shall be maintained by or
under the control of the nuclear power unit
licensee throughout the life of the unit.’’
10 CFR 50, Appendix B, ‘‘Quality
Assurance Criteria for Nuclear Power
Plants and Fuel Reprocessing Plants,’’
establishes quality assurance
requirements for the design,
construction, and operation of
structures, systems, and components
that prevent or mitigate the
consequences of postulated accidents
that could cause undue risk to the
health and safety of the public.
Specifically, SMUD requests an
exemption from Criterion XVII, ‘‘Quality
Assurance Records,’’ which states:
Sufficient records shall be maintained to
furnish evidence of activities affecting
quality. The records shall include at least the
following: Operating logs and the results of
reviews, inspections, tests, audits,
monitoring of work performance, and
materials analyses. The records shall also
include closely-related data such as
qualifications of personnel, procedures, and
equipment. Inspection and test records shall,
as a minimum, identify the inspector or data
recorder, the type of observation, the results,
the acceptability, and the action taken in
connection with any deficiencies noted.
Records shall be identifiable and retrievable.
E:\FR\FM\04JAN1.SGM
04JAN1
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
Consistent with applicable regulatory
requirements, the applicant shall establish
requirements concerning record retention,
such as duration, location, and assigned
responsibility.
Exemption Requirements
As stated in 10 CFR 50.12, ‘‘[t]he
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of the regulations of this
part.’’ In order to permit specific
exemptions from the requirements of
this part the criteria of 10 CFR
50.12(a)(1) and the requirements of 10
CFR 50.12(a)(2) must be met.
10 CFR 50(a)(1) requires three criteria
to be met before an exemption can be
granted: first, the exemptions must be
authorized by law; second, the
exemption must not present an undue
risk to the public health and safety; and
third, it must be consistent with the
common defense and security. In
addition, for the Commission to
consider granting an exemption from
the requirements of Part 50, special
circumstances as required by 10 CFR
50.12(a)(2) must be present. The special
circumstance at issue in the present
request for exemption is 50.12(a)(2)(ii)
which states, ‘‘[a]pplication of the
regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule.’’ The application of
the three criteria in 50.12(a)(1) and the
requirement of special circumstances in
50.12(a)(2) are addressed below.
Specific Exemption Is Authorized by
Law
The partial exemption from the
recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A;
and 10 CFR Part 50, Appendix B, as
requested for the hard copy records
described above is authorized by law.
Specifically, 10 CFR 50.71(d)(2) allows
for the granting of specific exemptions
to the record retention requirements
specified in the regulations.
NRC regulation 10 CFR 50.71(d)(2)
states, in part:
the retention period specified in the
regulations in this part for such records shall
apply unless the Commission, pursuant to
§ 50.12 of this part, has granted a specific
exemption from the record retention
requirements specified in the regulations in
this part.
Based on 10 CFR 50.71(d)(2), since
the specific exemption requirements of
10 CFR 50.12 are satisfied as described
below, the exemption from the
recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A;
VerDate jul<14>2003
18:02 Jan 03, 2005
Jkt 205001
and 10 CFR Part 50, Appendix B is
authorized by law.
Specific Exemption Will Not Present an
Undue Risk to the Public Health and
Safety
With all of the spent nuclear fuel
transferred to the Rancho Seco ISFSI,
there is insufficient radioactive material
remaining on the Rancho Seco 10 CFR
Part 50 licensed site to pose any
significant potential risk to the public
health and safety under any credible
event scenario. This provides additional
assurance that the partial exemption for
the specified hard copy records will not
present any reasonable possibility of
undue risk to the public health and
safety.
In two letters dated February 5, 2002,
the NRC granted Amendment Nos. 129
and 130 to the Rancho Seco Operating
License (Possession Only). These
amendments deleted definitions, LCOs,
surveillance requirements, and
administrative requirements from the 10
CFR Part 50 Technical Specifications on
the basis that all of the spent nuclear
fuel was transferred to the Rancho Seco
ISFSI. In a letter dated October 10, 2002,
the NRC issued an exemption from 10
CFR Part 50 security requirements and
Amendment No. 131 to the Rancho Seco
Operating License to reflect this security
exemption. Hence, the NRC has already
concurred with the conclusion that
granting regulatory exemptions will
have no reasonable possibility of
presenting any undue risk to the public
health and safety.
The partial exemption from the
recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A;
and 10 CFR Part 50, Appendix B, for the
hard copy records described above is
administrative in nature and will have
no impact on any remaining
decommissioning activities or on
radiological effluents. The exemption
will merely advance the schedule for
destruction of the specified hard copy
records. Considering the content of
these records, the elimination of these
records on an advanced timetable will
have no reasonable possibility of
presenting any undue risk to the public
health and safety.
Specific Exemption Consistent With the
Common Defense and Security
The partial exemption from the
recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A;
and 10 CFR Part 50, Appendix B, for the
types of hard copy records described
above is consistent with the common
defense and security as defined in the
Atomic Energy Act (42 U.S.C. 2014,
Definitions) and in 10 CFR 50.2
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
395
‘‘Definitions.’’ The partial exemption
requested does not impact remaining
decommissioning activities and does
not involve information or activities that
could potentially impact the common
defense and security of the United
States.
Rather, the exemption requested is
administrative in nature and would
merely advance the current schedule for
destruction of the specified hard copy
records. Considering the content of
these records, the elimination of these
records on an advanced timetable has
no reasonable possibility of having any
impact on national defense or security.
Therefore, the partial exemption from
the recordkeeping requirements of 10
CFR 50.71(c); 10 CFR Part 50, Appendix
A; and 10 CFR Part 50, Appendix B, for
the types of hard copy records described
above is consistent with the common
defense and security.
Special Circumstances
The current status of Rancho Seco
facility, 80% dismantled and all
irradiated fuel transferred to the ISFSI,
constitutes special circumstances which
will allow the NRC to consider granting
the partial exemption requested.
Consistent with 10 CFR 50.12(a)(2)(ii),
applying the recordkeeping
requirements of 10 CFR 50.71(c), 10 CFR
Part 50, Appendix A, and 10 CFR Part
50, Appendix B to the continued storage
of the hard copy records described
previously is not necessary to achieve
the underlying purpose of the rules.
The underlying purpose of the subject
recordkeeping regulations is to ensure
that the NRC staff has access to
information that, in the event of an
accident, incident, or condition that
could impact public health and safety,
would assist in the recovery from such
an event and could also help prevent
future events or conditions that could
adversely impact public health and
safety. Additionally, the NRC staff
would access the records as part of the
normal inspection process related to the
subject SSCs.
Given the current status of Rancho
Seco decommissioning, the records that
would be subject to early destruction
would not provide the NRC with
information that would be pertinent or
useful. The types of records that would
fall under the exemption would include
hard copy radiographs, vendor
equipment technical manuals, and
recorder charts associated with
operating nuclear power plant SSCs that
had been classified as important to
safety during power operations, but that
are no longer classified as important to
safety, are no longer operational, or have
E:\FR\FM\04JAN1.SGM
04JAN1
396
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
removed from the Rancho Seco site for
disposal.
With the majority of the primary and
secondary systems removed for
disposal, the Rancho Seco site no longer
houses ‘‘a nuclear power reactor and
associated equipment necessary for
electric power generation.’’ Thus, with
respect to the underlying intent of the
recordkeeping rules cited above, Rancho
Seco is not able to generate electricity
and is no longer a nuclear power unit
as defined in 10 CFR Part 50, Appendix
A.
In addition, with all the spent nuclear
fuel having been transferred to the
ISFSI, there is not sufficient radioactive
material inventory remaining on the 10
CFR Part 50 licensed site to pose any
significant potential risk to the public
health and safety. Thus, there are no
longer any ‘‘structures, systems, and
components required to provide
reasonable assurance the facility can be
operated without undue risk to the
health and safety of the public.’’ This
provides additional assurance that, with
respect to the underlying intent of the
recordkeeping rules, Rancho Seco is no
longer a nuclear power unit as defined
in 10 CFR Part 50, Appendix A.
Based on the above, application of the
subject recordkeeping requirements to
the Rancho Seco hard copy records
specified above is not required to
achieve the underlying purpose of the
rule. Thus, special circumstances are
present which the NRC may consider,
pursuant to 10 CFR 50.12(a)(2)(ii), to
grant the requested exemption.
4.0 Conclusion
The staff agrees that 10 CFR
50.71(d)(2) allows the Commission to
grant specific exemptions to the record
retention requirements specified in
regulations provided the requirements
of 10 CFR 50.12 are satisfied.
The staff agrees that the requested
partial exemption from the
recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A;
10 CFR Part 50, Appendix B, will not
present an undue risk to the public
health and safety. The destruction of the
identified hard copy records will not
impact remaining decommissioning
activities; plant operations,
configuration, and/or radiological
effluents; operational and/or installed
SSCs that are quality-related or
important to safety; or nuclear security.
The staff agrees that the destruction of
the identified hard copy records is
administrative in nature and does not
involve information or activities that
could potentially impact the common
defense and security of the United
States.
VerDate jul<14>2003
18:02 Jan 03, 2005
Jkt 205001
The staff agrees that the purpose for
the recordkeeping regulations is to
ensure that the NRC Staff has access to
information that, in the event of any
accident, incident, or condition that
could impact public health and safety,
would assist in the protection of public
health and safety during recovery from
the given accident, incident, or
condition, and also could help prevent
future events or conditions adversely
impacting public health and safety.
Further, since most of the Rancho Seco
SSCs that were safety-related or
important-to-safety have been removed
from the plant and shipped for disposal,
the staff agrees that the records
identified in the partial exemption
would not provide the NRC with useful
information during an investigation of
an accident or incident.
Therefore, the Commission grants
SMUD the requested partial exemption
to the recordkeeping requirements of 10
CFR 50.71(c); 10 CFR Part 50, Appendix
A; 10 CFR Part 50, Appendix B, as
described in the September 2, 2004,
letter.
Pursuant to 10 CFR Part 51, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment as documented in
Federal Register (69 FR 67371, Nov. 17,
2004).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland this 23rd day
of December, 2004.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning
Directorate, Division of Waste Management
and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 05–23 Filed 1–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–30]
Maine Yankee Atomic Power Company,
Maine Yankee Independent Spent Fuel
Storage Installation, Issuance of
Environmental Assessment and
Finding of No Significant Impact
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of exemptions to Maine
Yankee Atomic Power Company (the
licensee), pursuant to title 10 of the
Code of Federal Regulations (10 CFR)
72.7, from specific provisions of 10 CFR
72.212(a)(2), 72.212(b)(2)(i),
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
72.212(b)(7), and 72.214. The licensee is
storing spent nuclear fuel under the
general licensing provisions of 10 CFR
part 72 in the NAC–UMS Universal
Storage System at an independent spent
fuel storage installation (ISFSI) located
at the Maine Yankee Atomic Power
Station in Wiscasset, Maine. The
requested exemptions would allow the
licensee to deviate from requirements of
the NAC–UMS Certificate of
Compliance (CoC) No. 1015,
Amendment 2, Appendix A, Technical
Specifications for the NAC–UMS
System, Section A 5.1, Training
Program, and Section A 5.5, Radioactive
Effluent Control Program. Specifically,
the exemptions would relieve the
licensee from the requirements to: (1)
Develop training modules under its
systematic approach to training (SAT)
that include comprehensive instructions
for the operation and maintenance of
the ISFSI, except for the NAC–UMS
Universal Storage System; and (2)
submit an annual report pursuant to 10
CFR 72.44(d)(3).
II. Environmental Assessment (EA)
Identification of Proposed Action: The
proposed action is to exempt the
licensee from regulatory requirements to
develop certain training and submit an
annual report. By letter dated February
25, 2004, as supplemented June 8, 2004,
the licensee requested exemptions from
certain regulatory requirements of 10
CFR 72.212(a)(2), 72.212(b)(2)(i),
72.212(b)(7), and 72.214 which require
a general licensee to store spent fuel in
an NRC-certified spent fuel storage cask
under the terms and conditions set forth
in the CoC. The proposed exemptions
would allow the licensee to deviate
from the requirements in CoC No. 1015,
Amendment 2, Appendix A, Technical
Specifications for the NAC–UMS
System, Section A 5.1, Training
Program, and Section A 5.5, Radioactive
Effluent Control Program.
CoC No. 1015, Amendment 2,
Appendix A, Technical Specifications
for the NAC–UMS System, Section A
5.1, Training Program, requires that a
training program for the NAC–UMS
Universal Storage System be developed
under the general licensee’s SAT.
Further, the training modules must
include comprehensive instructions for
the operation and maintenance of both
the NAC–UMS Universal Storage
System and the ISFSI. In addition, CoC
No. 1015, Amendment 2, Appendix A,
Technical Specifications for the NAC–
UMS System, Section A 5.5, Radioactive
Effluent Control Program, Item c.
requires an annual report to be
submitted pursuant to 10 CFR
72.44(d)(3). By exempting the licensee
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 394-396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-312]
Sacramento Municipal Utility District; Rancho Seco Nuclear
Generating Station; Partial Exemption from Requirements of 10 CFR
50.719(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B
1.0 Background
Sacramento Municipal Utility District (SMUD) is the licensee and
holder of Facility Operating License No. DPR-54 for the Rancho Seco
Nuclear Generating Station (Rancho Seco), a permanently shutdown
decommissioning nuclear plant. Although permanently shutdown, this
facility is still subject to all rules, regulations, and orders of the
U.S. Nuclear Regulatory Commission (NRC).
The Sacramento Municipal Utility District (SMUD) shut down Rancho
Seco Nuclear Generating Station permanently on June 7, 1989, after
approximately 15 years of operation. On August 29, 1989, SMUD formally
informed the NRC that the plant was shut down permanently. On May 20,
1991, SMUD submitted the Rancho Seco decommissioning plan and on March
20, 1995, the NRC issued an Order approving the decommissioning plan
and authorizing the decommissioning of Rancho Seco.
SMUD began actively decommissioning Rancho Seco in February 1997,
and completed the transfer of all of the spent nuclear fuel to the 10
CFR Part 72 licensed Independent Spent Fuel Storage Installation
(ISFSI) on August 21, 2002. Accordingly, the only quality-related
structures, systems, or components (SSCs) at the Rancho Seco 10 CFR
Part 50 licensed site are the radioactive sources used to calibrate the
instrumentation used to measure radioactivity in gaseous and liquid
effluents.
Plant dismantlement is substantially (approximately 80%) complete
and most of the SSCs that were safety-related or important-to-safety
have been removed from the plant and shipped for disposal. The
pressurizer was shipped to Envirocare for disposal in April 2004,
removal of the steam generators is in progress with both steam
generators scheduled to be shipped to Envirocare by spring 2005 (one by
the end of 2004 and the second in spring 2005), and activities in
preparation for the reactor vessel internals segmentation are underway
and mobilization of the segmentation contractor is scheduled to begin
in early 2005.
On September 2, 2004, SMUD filed a request for NRC approval of a
partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR 50, Appendix A; and 10 CFR 50, Appendix B.
2.0 Request/Action
Pursuant to the requirements of 10 CFR 50.71(d)(2) and 10 CFR
50.12, SMUD requested partial exemption to the recordkeeping
requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; CFR Part
50, Appendix B. This exemption request was characterized as ``partial''
because the exemption would apply only to the disposal of hardcopies of
records, prior to termination of the Rancho Seco license, that: (1) Are
associated with the operation, design, fabrication, erection, and
testing of structures, systems, and components (SSCs) that are no
longer quality-related or important to safety or have been removed from
the plant for disposal; and (2) require storage in their original hard
copy format due to practical and feasibility limitations associated
with transferring them to microfilm or microfiche.
Most of these records are for SSCs that have been removed from
Rancho Seco and disposed of off-site. Disposal of these records will
not adversely impact the ability to meet other NRC regulatory
requirements for the retention of records [e.g., 10 CFR 50.54(a), (p),
(q), and (bb); 10 CFR 50.59(d); 10 CFR 50.75(g); etc.]. These
regulatory requirements ensure that records from operation and
decommissioning activities are maintained for safe decommissioning,
spent nuclear fuel storage, completion and verification of final site
survey, and license termination.
3.0 Discussion
NRC licensees are required to maintain their records according to
the NRC regulatory recordkeeping requirements. Pursuant to the
requirements of 10 CFR 50.12, ``Specific Exemptions,'' and 10 CFR
50.71(d)(2), SMUD filed a request for a partial exemption from the NRC
regulatory recordkeeping requirements contained in 10 CFR 50.71(c), 10
CFR 50, Appendix A, and 10 CFR 50, Appendix B. The NRC recordkeeping
requirements at issue in SMUD's request for exemption are as follows.
10 CFR 50.71, ``Maintenance of records, making of reports,''
subpart (c) states: Records that are required by the regulations in
this part, by license condition, or by technical specifications,
must be retained for the period specified by the appropriate
regulation, license condition, or technical specification. If a
retention period is not otherwise specified, these records must be
retained until the Commission terminates the facility license.
10 CFR 50, Appendix A, ``General Design Criteria for Nuclear Power
Plants,'' establishes the necessary design, fabrication, construction,
testing, and performance requirements for structures, systems, and
components important to safety; that is, structures, systems, and
components that provide reasonable assurance that the facility can be
operated without undue risk to the health and safety of the public.
Specifically, SMUD requests an exemption from Criterion 1, `` Quality
standards and records,'' which states in part:
Appropriate records of the design, fabrication, erection, and
testing of structures, systems, and components important to safety
shall be maintained by or under the control of the nuclear power
unit licensee throughout the life of the unit.''
10 CFR 50, Appendix B, ``Quality Assurance Criteria for Nuclear
Power Plants and Fuel Reprocessing Plants,'' establishes quality
assurance requirements for the design, construction, and operation of
structures, systems, and components that prevent or mitigate the
consequences of postulated accidents that could cause undue risk to the
health and safety of the public. Specifically, SMUD requests an
exemption from Criterion XVII, ``Quality Assurance Records,'' which
states:
Sufficient records shall be maintained to furnish evidence of
activities affecting quality. The records shall include at least the
following: Operating logs and the results of reviews, inspections,
tests, audits, monitoring of work performance, and materials
analyses. The records shall also include closely-related data such
as qualifications of personnel, procedures, and equipment.
Inspection and test records shall, as a minimum, identify the
inspector or data recorder, the type of observation, the results,
the acceptability, and the action taken in connection with any
deficiencies noted. Records shall be identifiable and retrievable.
[[Page 395]]
Consistent with applicable regulatory requirements, the applicant
shall establish requirements concerning record retention, such as
duration, location, and assigned responsibility.
Exemption Requirements
As stated in 10 CFR 50.12, ``[t]he Commission may, upon application
by any interested person or upon its own initiative, grant exemptions
from the requirements of the regulations of this part.'' In order to
permit specific exemptions from the requirements of this part the
criteria of 10 CFR 50.12(a)(1) and the requirements of 10 CFR
50.12(a)(2) must be met.
10 CFR 50(a)(1) requires three criteria to be met before an
exemption can be granted: first, the exemptions must be authorized by
law; second, the exemption must not present an undue risk to the public
health and safety; and third, it must be consistent with the common
defense and security. In addition, for the Commission to consider
granting an exemption from the requirements of Part 50, special
circumstances as required by 10 CFR 50.12(a)(2) must be present. The
special circumstance at issue in the present request for exemption is
50.12(a)(2)(ii) which states, ``[a]pplication of the regulation in the
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the
rule.'' The application of the three criteria in 50.12(a)(1) and the
requirement of special circumstances in 50.12(a)(2) are addressed
below.
Specific Exemption Is Authorized by Law
The partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B,
as requested for the hard copy records described above is authorized by
law. Specifically, 10 CFR 50.71(d)(2) allows for the granting of
specific exemptions to the record retention requirements specified in
the regulations.
NRC regulation 10 CFR 50.71(d)(2) states, in part:
the retention period specified in the regulations in this part for
such records shall apply unless the Commission, pursuant to Sec.
50.12 of this part, has granted a specific exemption from the record
retention requirements specified in the regulations in this part.
Based on 10 CFR 50.71(d)(2), since the specific exemption
requirements of 10 CFR 50.12 are satisfied as described below, the
exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10
CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B is authorized
by law.
Specific Exemption Will Not Present an Undue Risk to the Public Health
and Safety
With all of the spent nuclear fuel transferred to the Rancho Seco
ISFSI, there is insufficient radioactive material remaining on the
Rancho Seco 10 CFR Part 50 licensed site to pose any significant
potential risk to the public health and safety under any credible event
scenario. This provides additional assurance that the partial exemption
for the specified hard copy records will not present any reasonable
possibility of undue risk to the public health and safety.
In two letters dated February 5, 2002, the NRC granted Amendment
Nos. 129 and 130 to the Rancho Seco Operating License (Possession
Only). These amendments deleted definitions, LCOs, surveillance
requirements, and administrative requirements from the 10 CFR Part 50
Technical Specifications on the basis that all of the spent nuclear
fuel was transferred to the Rancho Seco ISFSI. In a letter dated
October 10, 2002, the NRC issued an exemption from 10 CFR Part 50
security requirements and Amendment No. 131 to the Rancho Seco
Operating License to reflect this security exemption. Hence, the NRC
has already concurred with the conclusion that granting regulatory
exemptions will have no reasonable possibility of presenting any undue
risk to the public health and safety.
The partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B,
for the hard copy records described above is administrative in nature
and will have no impact on any remaining decommissioning activities or
on radiological effluents. The exemption will merely advance the
schedule for destruction of the specified hard copy records.
Considering the content of these records, the elimination of these
records on an advanced timetable will have no reasonable possibility of
presenting any undue risk to the public health and safety.
Specific Exemption Consistent With the Common Defense and Security
The partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B,
for the types of hard copy records described above is consistent with
the common defense and security as defined in the Atomic Energy Act (42
U.S.C. 2014, Definitions) and in 10 CFR 50.2 ``Definitions.'' The
partial exemption requested does not impact remaining decommissioning
activities and does not involve information or activities that could
potentially impact the common defense and security of the United
States.
Rather, the exemption requested is administrative in nature and
would merely advance the current schedule for destruction of the
specified hard copy records. Considering the content of these records,
the elimination of these records on an advanced timetable has no
reasonable possibility of having any impact on national defense or
security. Therefore, the partial exemption from the recordkeeping
requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR
Part 50, Appendix B, for the types of hard copy records described above
is consistent with the common defense and security.
Special Circumstances
The current status of Rancho Seco facility, 80% dismantled and all
irradiated fuel transferred to the ISFSI, constitutes special
circumstances which will allow the NRC to consider granting the partial
exemption requested. Consistent with 10 CFR 50.12(a)(2)(ii), applying
the recordkeeping requirements of 10 CFR 50.71(c), 10 CFR Part 50,
Appendix A, and 10 CFR Part 50, Appendix B to the continued storage of
the hard copy records described previously is not necessary to achieve
the underlying purpose of the rules.
The underlying purpose of the subject recordkeeping regulations is
to ensure that the NRC staff has access to information that, in the
event of an accident, incident, or condition that could impact public
health and safety, would assist in the recovery from such an event and
could also help prevent future events or conditions that could
adversely impact public health and safety. Additionally, the NRC staff
would access the records as part of the normal inspection process
related to the subject SSCs.
Given the current status of Rancho Seco decommissioning, the
records that would be subject to early destruction would not provide
the NRC with information that would be pertinent or useful. The types
of records that would fall under the exemption would include hard copy
radiographs, vendor equipment technical manuals, and recorder charts
associated with operating nuclear power plant SSCs that had been
classified as important to safety during power operations, but that are
no longer classified as important to safety, are no longer operational,
or have
[[Page 396]]
removed from the Rancho Seco site for disposal.
With the majority of the primary and secondary systems removed for
disposal, the Rancho Seco site no longer houses ``a nuclear power
reactor and associated equipment necessary for electric power
generation.'' Thus, with respect to the underlying intent of the
recordkeeping rules cited above, Rancho Seco is not able to generate
electricity and is no longer a nuclear power unit as defined in 10 CFR
Part 50, Appendix A.
In addition, with all the spent nuclear fuel having been
transferred to the ISFSI, there is not sufficient radioactive material
inventory remaining on the 10 CFR Part 50 licensed site to pose any
significant potential risk to the public health and safety. Thus, there
are no longer any ``structures, systems, and components required to
provide reasonable assurance the facility can be operated without undue
risk to the health and safety of the public.'' This provides additional
assurance that, with respect to the underlying intent of the
recordkeeping rules, Rancho Seco is no longer a nuclear power unit as
defined in 10 CFR Part 50, Appendix A.
Based on the above, application of the subject recordkeeping
requirements to the Rancho Seco hard copy records specified above is
not required to achieve the underlying purpose of the rule. Thus,
special circumstances are present which the NRC may consider, pursuant
to 10 CFR 50.12(a)(2)(ii), to grant the requested exemption.
4.0 Conclusion
The staff agrees that 10 CFR 50.71(d)(2) allows the Commission to
grant specific exemptions to the record retention requirements
specified in regulations provided the requirements of 10 CFR 50.12 are
satisfied.
The staff agrees that the requested partial exemption from the
recordkeeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix
A; 10 CFR Part 50, Appendix B, will not present an undue risk to the
public health and safety. The destruction of the identified hard copy
records will not impact remaining decommissioning activities; plant
operations, configuration, and/or radiological effluents; operational
and/or installed SSCs that are quality-related or important to safety;
or nuclear security.
The staff agrees that the destruction of the identified hard copy
records is administrative in nature and does not involve information or
activities that could potentially impact the common defense and
security of the United States.
The staff agrees that the purpose for the recordkeeping regulations
is to ensure that the NRC Staff has access to information that, in the
event of any accident, incident, or condition that could impact public
health and safety, would assist in the protection of public health and
safety during recovery from the given accident, incident, or condition,
and also could help prevent future events or conditions adversely
impacting public health and safety. Further, since most of the Rancho
Seco SSCs that were safety-related or important-to-safety have been
removed from the plant and shipped for disposal, the staff agrees that
the records identified in the partial exemption would not provide the
NRC with useful information during an investigation of an accident or
incident.
Therefore, the Commission grants SMUD the requested partial
exemption to the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR
Part 50, Appendix A; 10 CFR Part 50, Appendix B, as described in the
September 2, 2004, letter.
Pursuant to 10 CFR Part 51, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment as documented in Federal Register (69
FR 67371, Nov. 17, 2004).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 23rd day of December, 2004.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 05-23 Filed 1-3-05; 8:45 am]
BILLING CODE 7590-01-P
