University of Utah; University of Utah TRIGA Nuclear Reactor Facility; Exemption, 20404-20405 [05-7844]
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Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Notices
security or to the health and safety of
the public; and the issuance of the
proposed amendments will be in
accordance with 10 CFR part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied. The NRC staff has also found
that to the extent that the transfer of
TCC’s interest as described herein will
effect an indirect transfer of the licenses
as held by STPNOC, such transfer of
TCC’s interest will not affect the
qualifications of STPNOC as a holder of
the licenses, and such indirect transfer
of the licenses as held by STPNOC is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto.
The findings set forth above are
supported by NRC safety evaluation
dated lll.
III.
Accordingly, pursuant to Sections
161b, 161o, and 184 of the Act, 42
U.S.C. 2201(b), 2201(o), and 2234; and
10 CFR 50.80, it is hereby ordered that
the direct transfer of the licenses as
described herein is approved, subject to
the following conditions:
1. On the closing date of the transfer of any
part of TCC’s interest in STP to Texas Genco,
TCC shall transfer to Texas Genco TCC’s
decommissioning funds accumulated as of
such date, as follows: (1) If TCC transfers a
13.2 percent interest in STP to Texas Genco,
TCC shall transfer 52.38 percent (13.2/25.2)
of its accumulated decommissioning funds to
Texas Genco; (2) if TCC transfers its entire
25.2 percent interest in STP to Texas Genco,
TCC shall transfer all of its accumulated
decommissioning funds to Texas Genco. In
either case, Texas Genco shall ensure the
deposit of such funds received from TCC into
an external decommissioning trust consistent
with the application.
2. On the closing date of the transfer of any
part of TCC’s interest in STP to CPS, TCC
shall transfer to CPS TCC’s decommissioning
funds accumulated as of such date, as
follows: (1) if TCC transfers a 12.0 percent
interest in STP to CPS, TCC shall transfer
47.62 percent (12.0/25.2) of its accumulated
decommissioning funds to CPS; (2) if TCC
transfers its entire 25.2 percent interest in
STP to CPS, TCC shall transfer all of its
accumulated decommissioning funds to CPS.
In either case, CPS shall ensure the deposit
of such funds received from TCC into an
external decommissioning trust consistent
with the application.
It is further ordered that, consistent
with 10 CFR 2.1315(b), license
amendments that make changes, as
indicated in Enclosures 2 and 3 to the
cover letter forwarding this Order, to
conform the licenses to reflect the
subject direct license transfers are
approved. The amendments shall be
issued and made effective at the time
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15:12 Apr 18, 2005
Jkt 205001
the proposed direct license transfers are
completed.
It is further ordered that to the extent
any indirect transfer of the licenses as
held by STPNOC would be effected by
reason of the transfer of TCC’s interest
in STP, such indirect transfer of the
licenses is approved.
It is further ordered that STPNOC
shall inform the Director of the Office of
Nuclear Reactor Regulation in writing of
the date of closing of the transfer of
TCC’s interest in STP no later than 5
business days prior to closing. Should
the transfer of the licenses not be
completed by April 1, 2006, this Order
shall become null and void, provided,
however, that upon written application
and for good cause shown, such date
may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
October 21, 2004, as supplemented by
letters dated December 13 and 22, 2004,
and February 23 and March 1, 2005, and
the non-proprietary safety evaluation
dated April 4, 2005, which are available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area 01 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland, and accessible electronically
from the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, (301) 415–4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 4th day
of April 2005.
For the Nuclear Regulatory Commission.
J. E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–1840 Filed 4–18–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–407]
University of Utah; University of Utah
TRIGA Nuclear Reactor Facility;
Exemption
1.0 Background
University of Utah (the licensee), is
the holder of Facility Operating License
No. R–126, which authorizes operation
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
of the University of Utah Nuclear
Reactor Facility, an open pool TRIGA
fueled research reactor facility, licensed
to operate at power levels up to 100
kilowatts, located in Salt Lake City,
Utah. The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect. The current operating license
expires at midnight on April 17, 2005.
By letter dated April 13, 2005, the
licensee requested an exemption from
the regulation, 10 CFR 2.109(a).
Specifically, the requested exemption
allows the University of Utah to have
submitted a license renewal application
for the research reactor less than 30 days
prior to the expiration of the operating
license, while maintaining the
protection of the timely renewal
doctrine contained in 10 CFR 2.109(a).
By letter dated March 25, 2005, the
licensee applied for renewal of the
research reactor license. In the April 13,
2005 letter, the licensee stated it was
unable to submit a renewal application
30 days prior to license expiration
because: (1) Compliance with 10 CFR
2.109 created an undue hardship not
intended by this regulation due to the
limited staff (currently only two
licensed senior reactor operators) and a
change in the Reactor Administrator
(administrative change) within the
previous calendar year, and (2)
misinterpretation of the requirements of
10 CFR 2.109(a). The licensee also in the
April 13, 2005 letter, indicated that the
exemption from the 30 day rule will not
present: (1) an undue risk to the public
health and safety and is consistent with
the common defense and security, and
that the reactor and material would be
protected under the current license
provisions; (2) the licensee made a good
faith effort to comply with the
regulation; and (3) there is no good
alternatives for divesting the licensee of
material held under the license. The
licensee indicated that, in light of these
and other factors, it could not prepare
and file a sufficient license renewal
application 30 days prior to the license
expiration specified in Title 10 of the
Code of Federal Regulations (10 CFR)
Part 2, Section 109(a), ‘‘Effect of timely
renewal application.’’
2.0 Request/Action
Section 109(a) of 10 CFR Part 2 states:
‘‘Except for the renewal of an operating
license for a nuclear power plant under
10 CFR 50.21(b) or 50.22, if, at least 30
days prior to the expiration of an
existing license authorizing any activity
of a continuing nature, the licensee files
an application for a renewal or for a new
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19APN1
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Notices
license for the activity so authorized,
the existing license will not be deemed
to have expired until the application has
been finally determined.’’
The licensee’s application requested
an exemption from the timing
requirements of 10 CFR 2.109(a), for
submittal of the research reactor license
renewal application. The exemption
would allow the submittal of the
renewal application with less than 30
days prior to expiration of the operating
license while maintaining the protection
of the timely renewal provision in 10
CFR 2.109(a).
3.0
Discussion
Pursuant to the requirements of 10
CFR 50.12, the Commission may grant
an exemption from the requirements of
Part 50 when the exemption is (1)
authorized by law, will not present an
undue risk to the public health and
safety, and is consistent with the
common defense and security, and (2)
special circumstances are present as
defined in 10 CFR 50.12(a)(2). The
operation of the University of Utah
research reactor since initial licensing in
1975 and license renewal in 1985 has
been acceptable to ensure protection of
the public health and safety and
consistent with the common defense
and security. Further, the requested
exemption meets two special
circumstances: 10 CFR 50.12(a)(2)(ii),
‘‘[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;’’ and 10
CFR 50.12(a)(2)(iii), ‘‘[c]ompliance
would result in undue hardship or other
costs that are significantly in excess of
those contemplated when the regulation
was adopted, or that are significantly in
excess of those incurred by others
similarly situated.’’
The purpose of 10 CFR 2.109(a), as it
is applied to NRC licensees, is to
implement the ‘‘timely renewal’’
doctrine of section 9(b) of the
Administrative Procedure Act (APA), 5
U.S.C. 558(c), which states:
When the licensee has made timely and
sufficient application for a renewal or a new
license in accordance with agency rules, a
license with reference to an activity of a
continuing nature does not expire until the
application has been finally determined by
the agency.
The underlying purpose of this
‘‘timely renewal’’ provision in the APA
is to protect a licensee who is engaged
in an ongoing licensed activity and who
has complied with agency rules in
applying for a renewed or new license
from facing license expiration as the
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15:12 Apr 18, 2005
Jkt 205001
result of delays in the administrative
process.
Submittal of the license renewal
application approximately 24 days,
instead of 30 days, prior to expiration of
the operating license provides
reasonable time prior to expiration to
allow the staff to ensure that the
application is essentially complete and
sufficient and the licensee intends to
continue to operate the facility. The
NRC’s current schedule for review of
research reactor license renewal
applications is to complete its review
and make a decision on issuing the
renewed license within 48 months of
receipt. Meeting this schedule is based
on a complete and sufficient
application, and on the review being
completed in accordance with the
NRC’s established license renewal
review schedule. Also, completing the
research reactor license renewal review
process on schedule is, of course,
dependent on licensee cooperation in
meeting established schedules for
submittal of any additional information
required by the NRC, and the resolution
of all issues demonstrating that issuance
of a renewed license is warranted.
The second special circumstance
involves undue hardship or other costs
that are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated. The research reactor
is operated solely for educational and
research purposes. The reactor is a part
of the Nuclear Engineering Program, but
it also supports the curriculum of the
other engineering disciplines in the
University of Utah College of
Engineering. The loss of this resource
for an extended period of time during a
license renewal process is an undue
hardship.
In summary, the licensee has
demonstrated that application of the
subject regulation is not necessary to
achieve the underlying purpose of the
rule and is an undue hardship, thus
meeting the criterion specified in 10
CFR 50.12(a)(2)(ii) and (iii).
Accordingly, the NRC staff agrees that
special circumstances are present to
justify the requested exemption.
Therefore, the exemption is
contingent upon the following condition
being met: To ensure timely completion
of the review process, the licensee must
provide any requested information as
necessary to support the completion of
the NRC staff’s safety and
environmental reviews in accordance
with the review schedule issued by the
NRC.
Pending final action on the license
renewal application, the NRC will
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Fmt 4703
Sfmt 4703
20405
continue to conduct all regulatory
activities associated with licensing,
inspection, and oversight, and will take
whatever action may be necessary to
ensure adequate protection of the public
health and safety. The existence of this
exemption does not affect NRC’s
authority, applicable to all licenses, to
modify, suspend, or revoke a license for
cause, such as a serious safety concern.
4.0
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not endanger life or property
or common defense and security, and is,
otherwise, in the public interest. In
addition, special circumstances exist to
justify the proposed exemption.
Therefore, the Commission hereby
grants the licensee an exemption from
the requirement of 10 CFR 2.109(a) for
the University of Utah research reactor.
Specifically, this exemption will allow
the University of Utah to have
submitted a license renewal application
for the research reactor less than 30 days
prior to the expiration of the operating
license, while maintaining the
protection of the timely renewal
doctrine contained in 10 CFR 2.109(a),
subject to the condition imposed by this
exemption.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment. This exemption is
effective upon issuance.
Dated at Rockville, Maryland, this 15th day
of April, 2005.
For the Nuclear Regulatory Commission.
David B. Matthews,
Director, Division of Regulatory Improvement
Programs, Office of Nuclear Reactor
Regulation.
[FR Doc. 05–7844 Filed 4–18–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–407]
University of Utah; University of Utah
TRIGA Nuclear Reactor Facility;
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption from certain
requirements of Title 10 of the Code of
Federal Regulations (10 CFR),
subsection 2.109(a), for Facility
Operating License No. R–126, which
authorizes operation of the University of
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Notices]
[Pages 20404-20405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7844]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-407]
University of Utah; University of Utah TRIGA Nuclear Reactor
Facility; Exemption
1.0 Background
University of Utah (the licensee), is the holder of Facility
Operating License No. R-126, which authorizes operation of the
University of Utah Nuclear Reactor Facility, an open pool TRIGA fueled
research reactor facility, licensed to operate at power levels up to
100 kilowatts, located in Salt Lake City, Utah. The license provides,
among other things, that the facility is subject to all rules,
regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in effect. The current operating
license expires at midnight on April 17, 2005.
By letter dated April 13, 2005, the licensee requested an exemption
from the regulation, 10 CFR 2.109(a). Specifically, the requested
exemption allows the University of Utah to have submitted a license
renewal application for the research reactor less than 30 days prior to
the expiration of the operating license, while maintaining the
protection of the timely renewal doctrine contained in 10 CFR 2.109(a).
By letter dated March 25, 2005, the licensee applied for renewal of the
research reactor license. In the April 13, 2005 letter, the licensee
stated it was unable to submit a renewal application 30 days prior to
license expiration because: (1) Compliance with 10 CFR 2.109 created an
undue hardship not intended by this regulation due to the limited staff
(currently only two licensed senior reactor operators) and a change in
the Reactor Administrator (administrative change) within the previous
calendar year, and (2) misinterpretation of the requirements of 10 CFR
2.109(a). The licensee also in the April 13, 2005 letter, indicated
that the exemption from the 30 day rule will not present: (1) an undue
risk to the public health and safety and is consistent with the common
defense and security, and that the reactor and material would be
protected under the current license provisions; (2) the licensee made a
good faith effort to comply with the regulation; and (3) there is no
good alternatives for divesting the licensee of material held under the
license. The licensee indicated that, in light of these and other
factors, it could not prepare and file a sufficient license renewal
application 30 days prior to the license expiration specified in Title
10 of the Code of Federal Regulations (10 CFR) Part 2, Section 109(a),
``Effect of timely renewal application.''
2.0 Request/Action
Section 109(a) of 10 CFR Part 2 states: ``Except for the renewal of
an operating license for a nuclear power plant under 10 CFR 50.21(b) or
50.22, if, at least 30 days prior to the expiration of an existing
license authorizing any activity of a continuing nature, the licensee
files an application for a renewal or for a new
[[Page 20405]]
license for the activity so authorized, the existing license will not
be deemed to have expired until the application has been finally
determined.''
The licensee's application requested an exemption from the timing
requirements of 10 CFR 2.109(a), for submittal of the research reactor
license renewal application. The exemption would allow the submittal of
the renewal application with less than 30 days prior to expiration of
the operating license while maintaining the protection of the timely
renewal provision in 10 CFR 2.109(a).
3.0 Discussion
Pursuant to the requirements of 10 CFR 50.12, the Commission may
grant an exemption from the requirements of Part 50 when the exemption
is (1) authorized by law, will not present an undue risk to the public
health and safety, and is consistent with the common defense and
security, and (2) special circumstances are present as defined in 10
CFR 50.12(a)(2). The operation of the University of Utah research
reactor since initial licensing in 1975 and license renewal in 1985 has
been acceptable to ensure protection of the public health and safety
and consistent with the common defense and security. Further, the
requested exemption meets two special circumstances: 10 CFR
50.12(a)(2)(ii), ``[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;'' and 10
CFR 50.12(a)(2)(iii), ``[c]ompliance would result in undue hardship or
other costs that are significantly in excess of those contemplated when
the regulation was adopted, or that are significantly in excess of
those incurred by others similarly situated.''
The purpose of 10 CFR 2.109(a), as it is applied to NRC licensees,
is to implement the ``timely renewal'' doctrine of section 9(b) of the
Administrative Procedure Act (APA), 5 U.S.C. 558(c), which states:
When the licensee has made timely and sufficient application for a
renewal or a new license in accordance with agency rules, a license
with reference to an activity of a continuing nature does not expire
until the application has been finally determined by the agency.
The underlying purpose of this ``timely renewal'' provision in the
APA is to protect a licensee who is engaged in an ongoing licensed
activity and who has complied with agency rules in applying for a
renewed or new license from facing license expiration as the result of
delays in the administrative process.
Submittal of the license renewal application approximately 24 days,
instead of 30 days, prior to expiration of the operating license
provides reasonable time prior to expiration to allow the staff to
ensure that the application is essentially complete and sufficient and
the licensee intends to continue to operate the facility. The NRC's
current schedule for review of research reactor license renewal
applications is to complete its review and make a decision on issuing
the renewed license within 48 months of receipt. Meeting this schedule
is based on a complete and sufficient application, and on the review
being completed in accordance with the NRC's established license
renewal review schedule. Also, completing the research reactor license
renewal review process on schedule is, of course, dependent on licensee
cooperation in meeting established schedules for submittal of any
additional information required by the NRC, and the resolution of all
issues demonstrating that issuance of a renewed license is warranted.
The second special circumstance involves undue hardship or other
costs that are significantly in excess of those contemplated when the
regulation was adopted, or that are significantly in excess of those
incurred by others similarly situated. The research reactor is operated
solely for educational and research purposes. The reactor is a part of
the Nuclear Engineering Program, but it also supports the curriculum of
the other engineering disciplines in the University of Utah College of
Engineering. The loss of this resource for an extended period of time
during a license renewal process is an undue hardship.
In summary, the licensee has demonstrated that application of the
subject regulation is not necessary to achieve the underlying purpose
of the rule and is an undue hardship, thus meeting the criterion
specified in 10 CFR 50.12(a)(2)(ii) and (iii). Accordingly, the NRC
staff agrees that special circumstances are present to justify the
requested exemption.
Therefore, the exemption is contingent upon the following condition
being met: To ensure timely completion of the review process, the
licensee must provide any requested information as necessary to support
the completion of the NRC staff's safety and environmental reviews in
accordance with the review schedule issued by the NRC.
Pending final action on the license renewal application, the NRC
will continue to conduct all regulatory activities associated with
licensing, inspection, and oversight, and will take whatever action may
be necessary to ensure adequate protection of the public health and
safety. The existence of this exemption does not affect NRC's
authority, applicable to all licenses, to modify, suspend, or revoke a
license for cause, such as a serious safety concern.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not endanger life or
property or common defense and security, and is, otherwise, in the
public interest. In addition, special circumstances exist to justify
the proposed exemption. Therefore, the Commission hereby grants the
licensee an exemption from the requirement of 10 CFR 2.109(a) for the
University of Utah research reactor. Specifically, this exemption will
allow the University of Utah to have submitted a license renewal
application for the research reactor less than 30 days prior to the
expiration of the operating license, while maintaining the protection
of the timely renewal doctrine contained in 10 CFR 2.109(a), subject to
the condition imposed by this exemption.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment. This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 15th day of April, 2005.
For the Nuclear Regulatory Commission.
David B. Matthews,
Director, Division of Regulatory Improvement Programs, Office of
Nuclear Reactor Regulation.
[FR Doc. 05-7844 Filed 4-18-05; 8:45 am]
BILLING CODE 7590-01-P
