Connecticut Yankee Atomic Power Company, Haddam Neck Plant; Partial Exemption from Requirements of 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3), 54587-54589 [E5-5023]
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Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices
accessible electronically from the
Agencywide Documents Access and
Management Systems (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, or 301–415–4737 or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland, this 8th day
of September 2005.
For the Nuclear Regulatory Commission.
Brenda L. Mozafari,
Senior Project Manager, Section 2, Project
Directorate II, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–5022 Filed 9–14–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–213]
Connecticut Yankee Atomic Power
Company, Haddam Neck Plant; Partial
Exemption from Requirements of 10
CFR Part 50 Appendix A, Criterion 1,
10 CFR Part 50 Appendix B, Criterion
XVII, and 10 CFR 50.59(d)(3)
1.0 Background
Connecticut Yankee Atomic Power
Company (CY) is the licensee and
holder of Facility Operating License No.
DPR–61 for the Haddam Neck Plant
(HNP), 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).
On December 5, 1996, CY notified
NRC that operations had permanently
ceased and that all fuel had been
permanently removed from the reactor.
On July 7, 2000, CY submitted its
License Termination Plan (LTP), which
the NRC approved on November 25,
2002.
CY began actively decommissioning
HNP in April 1999, through a contract
with Bechtel Power Corporation. In June
2003, CY began managing the
decommissioning using staff
augmentation and subcontractors for
speciality work.
The nuclear reactor and all associated
systems and components necessary for
the safe generation of power have been
removed from the facility and disposed
or sold off-site. Additionally, the
structures necessary for safe power
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15:03 Sep 14, 2005
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generation are either demolished or in
an advanced state of demolition. There
are no safety-related structures, systems
and components (SSCs) remaining at the
HNP. Transfer of the spent fuel (SF) and
greater-than-Class C (GTCC) waste from
the SF pool to the HNP Independent
Spent Fuel Storage Installation (ISFSI)
was completed on March 30, 2005, but
the SF pool has not yet been drained, so
it is not ready for demolition.
On February 16, 2005, CY filed a
request for NRC approval of an
exemption from the recordkeeping
requirements of 10 CFR Part 50
Appendix A, Criterion 1, 10 CFR Part 50
Appendix B, Criterion XVII, and 10 CFR
50.59(d)(3).
2.0
Request/Action
Pursuant to the requirements of 10
CFR 50.12, CY requested the following
exemption, to the extent necessary, from
the record retention requirements of:
(1) 10 CFR Part 50 Appendix A,
Criterion 1, which requires certain
records be retained ‘‘throughout the life
of the unit’’;
(2) 10 CFR Part 50 Appendix B,
Section XVII, which requires certain
records be retained consistent with
applicable regulatory requirements for a
duration established by the licensee;
and
(3) 10 CFR Part 50.59(d)(3), which
requires certain records be maintained
until ‘‘termination of a license issued
pursuant to’’ Part 50.
CY proposes to eliminate these
records when: (1) The nuclear power
unit and associated support systems no
longer exist for SSCs associated with
safe power generation, or (2) spent
nuclear fuel has been completely
transferred from the spent fuel pool and
the building is ready for demolition.
CY is not requesting any exemption
associated with record keeping
requirements for storage of spent fuel at
its ISFSI under 10 CFR Part 50 or the
general license requirements of 10 CFR
Part 72.
Most of these records are for SSCs that
have been removed from HNP and
disposed of offsite. 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 50.57(g)].
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.
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54587
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,’’ CY filed a request for a
partial exemption from the NRC
recordkeeping requirements contained
in 10 CFR Part 50 Appendix A, Criterion
1, 10 CFR Part 50 Appendix B, Criterion
XVII, and 10 CFR 50.59 (d)(3). The NRC
recordkeeping requirements at issue in
CY’s request for exemption are as
follows.
10 CFR Part 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. Specifically, CY
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 Part 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, CY 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.
Consistent with applicable regulatory
requirements, the applicant shall establish
requirements concerning record retention,
such as duration, location, and assigned
responsibility.
CY also requests an exemption from
10 CFR 50.59(d)(3), which states: ‘‘The
records of changes in the facility must
be maintained until the termination of
a license issued pursuant to this part or
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54588
Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices
the termination of a license issued
pursuant to 10 CFR Part 54, whichever
is later. Records of changes in
procedures and records of tests and
experiments must be maintained for a
period of 5 years.’’
Exemption Requirements
In order to be granted an exemption
from the requirements of 10 CFR Part
50, Appendix A, Criterion I, Appendix
B, Criterion XVII, and 10 CFR
50.59(d)(3), the licensee must meet the
requirements of 10 CFR Part 50.12(a)(1),
and demonstrate that special
circumstances, as defined in 10 CFR
50.12(a)(2) exist. In its exemption
request dated February 16, 2005, CY
provides the following justification for
granting the exemption request and
regulatory basis for meeting the
requirements of 10 CFR 50.12(a)(1), and
that the special circumstances, as
defined in 10 CFR 50.12(a)(2), exist:
I. General Justification for Granting the
Exemption Request
A. Nuclear Power Generation SSCs
The HNP power generation unit no
longer exists. Its systems and
components have been removed to
various offsite disposal facilities or
reuse applications. The structures that
have not yet been fully demolished have
been remediated or partially demolished
to the point of rendering them useless
for any application. The general
justification for disposition of records
associated with these SSCs is that the
SSCs no longer exist, they no longer
serve, nor can they conceivably serve,
any function regulated by the NRC.
While the safe power generation SSCs
no longer exist, the HNP site and the
power generation ‘‘footprint’’ continue
to be under NRC regulation due,
primarily, to presence of residual
radioactivity. The radiological controls
(and other programmatic controls such
as quality assurance) of the ‘‘footprint’’
and the implementation of cleanup
criteria are fully covered through the
current plant documents such as the
updated Final Safety Analysis Report
(UFSAR), which includes the HNP
License Termination Plan and the
Quality Assurance Program. These
programmatic elements and their
associated records are unaffected by the
exemption request.
B. Spent Fuel and Associated SSCs
With all spent fuel and GTCC
transferred from the spent fuel pool
(SFP) to the ISFSI on March 30, 2005,
the SFP and its associated SSCs no
longer have a safety function. All
records necessary for spent fuel storage
have been retained for the ISFSI. Similar
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15:03 Sep 14, 2005
Jkt 205001
to the power generation SSC records,
once the SFP is drained and ready for
demolition, there is no safetysignificance or other regulatory value in
retaining SFP SSC records. Also, similar
to the power generation ‘‘footprint’’, the
SFP SSCs ‘‘footprint’’ is included under
the radiological control provided by the
UFSAR, Quality Assurance Program,
and their programmatic elements.
Finally, CY believes that when the
NRC developed record retention
requirements, there was little, if any
discussion related to decommissioning
facilities. In the case of ISFSI records,
however, recent clarification was
provided. Specifically, when updating
10 CFR 72.48 requirements (72.48 is the
dry fuel storage equivalent of 10 CFR
50.59), the NRC clarified the retention
period for records for changes in the
facility or spent fuel storage cask design
to be until ‘‘* * *. Spent fuel is no
longer stored in the facility’’ (10 CFR
72.48(d)(3)(I). This is analogous to what
CY is requesting—retention of related
records until fuel is no longer stored in
the SFP and the SFP building is ready
for demolition.
C. ISFSI SSCs and Spent Nuclear Fuel
CY is not requesting any exemption
associated with retention of these
records.
II. Specific Justification for Exemptions
and Special Circumstances
A. Specific Exemption Is Authorized by
Law
The CY exemption request to reduce
record retention durations is authorized
by law and within the Commission’s
authority. CY believes that the
Commission would have made these
clarifying changes to the regulations had
there been sufficient industry
experience in performing
decommissioning and license
termination at Part 50 facilities when
the record retention rules were
originally promulgated.
B. Specific Exemption Will Not Present
an Undue Risk to the Public Health and
Safety
The public health and safety are not
affected by the proposed exemption.
Removal of the underlying SSCs
associated with the records has been
already determined by CY, in
accordance with 10 CFR 50.59, to have
no adverse public health and safety
impact. Elimination of associated
records for these SSCs will not impact
health and safety.
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Fmt 4703
Sfmt 4703
C. Specific Exemption Consistent With
the Common Defense and Security
CY believes that the elimination of
these 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.
D. Special Circumstances
Further CY provides the following
regulatory basis for meeting the
requirements of:
10 CFR 50.12(a)(2)(ii)
‘‘Application of the regulation in the
particular circumstances would not
serve the underlying purpose of the rule
* * *’’
The common and underlying purpose
for the regulations cited above is to
ensure that the current license and
design basis of the facility is
understood, documented, preserved and
retrievable. The current license basis
encompasses all those elements of SSCs
functionally necessary to ensure, within
the boundaries of nuclear regulation,
safe operation of the facility. In order to
ensure future safe operation, a license
basis is maintained current by
evaluating changes against up-to-date
information. The terms such as ‘‘safety
functions’’, and ‘‘safe operation’’ is
meaningless if a facility has been
dismantled and disposed. In this case,
retention of records associated with
nonexistent SSCs serves no safety or
regulatory purpose. Therefore,
application of these record requirements
in CY’s circumstances does not serve
the underlying purpose of the
regulations.
10 CFR 50.12(a)(2)(iii)
‘‘Compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted,* * *’’
The records retention itself is an
expensive proposition. Retention of
records alone is not sufficient. They
must be legible, retrievable and stored
in a safe condition. This expense was
understood on the part of the
Commission and the nuclear industry
for the current license basis to ensure
the continued safe operation of the
facility. However, what was not well
understood (when the regulation was
adopted) was the effect of explicit
record retention durations that survived
the life of a facility and no longer served
an underlying safety purpose. This is
the current situation at the
decommissioning facilities.
CY’s available record storage capacity
continues to shrink as buildings are
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Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Notices
remediated, surveyed and demolished.
CY is less than one year from
demolishing the administrative building
where many of the records are stored
and retained. Retaining records
associated with non-existent SSCs and a
non-existent nuclear power generator is
a significant hardship today as records
are shuffled between buildings and
administrative support personnel are
reduced. It will become more of a
hardship and cost increase as they must
make provisions for offsite storage well
in advance of building demolition.
10 CFR 50.12(a)(2)(vi)
‘‘There is present any other material
circumstances not considered when the
regulation was adopted for which it
would be in the public interest to grant
an exemption.’’
First, the cost associated with
maintaining records that no longer serve
a safety purpose can be significant,
particularly for a facility at an advanced
stage in the decommissioning process.
Decommissioning costs, including
record maintenance, are paid by the
ratepayers throughout the multi-state
region that benefitted from the power
produced by the HNP when it was
operating. Since HNP is no longer
generating electric power and is in
decommissioning, the requested records
exemption helps towards maintaining a
cost-efficient decommissioning.
Second, elimination of these records
ensures their future unavailability to
individuals and groups interested in
adversely affecting commercial nuclear
facilities.
4.0 Conclusion
Based on its evaluation, the staff
concludes the requirements for a
specific exemption in 10 CFR 50.12
have been satisfied.
The staff concludes that the requested
exemption from the recordkeeping
requirements of 10 CFR Part 50
Appendix A, Criterion 1, 10 CFR Part
50, Appendix B Criterion XVII, and 10
CFR 50.59(d)(3), will not present an
undue risk to the public health and
safety. The destruction of the identified
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.
Further, the staff concludes that the
destruction of the identified 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.
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15:03 Sep 14, 2005
Jkt 205001
The staff agrees that an underlying
purpose of the record keeping
regulations in 10 CFR Part 50, Appendix
A, Criterion 1, 10 CFR Part 50,
Appendix B, Criterion XVII, and 10 CFR
50.59(d)(3) is to ensure that the NRC
staff has access to information in order
for the NRC to perform its regulatory
functions including inspection and
licensing. For example, in the event of
any accident, incident, or condition that
could impact public health and safety,
the records 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
at the site adversely impacting public
health and safety. Because the CY–HNP
reactor primary systems, including the
reactor vessel, steam generators,
pressurizer, reactor coolant pumps and
piping, and their associated support
systems have been removed for offsite
disposal or resale, there are no longer
regulatory functions for NRC to perform
associated with these systems or
components. Thus, the records
identified in the exemption would not
provide the NRC with information for
carrying out its regulatory function. To
the extent that CY had sold components,
the new user of the components may
have need for the associated records,
however, that is an issue for the new
owner and not a regulatory issue under
CY’s license.
Therefore, the Commission grants CY
the requested exemption to the
recordkeeping requirements of 10 CFR
Part 50 Appendix A, Criterion 1, 10 CFR
50 Appendix B, Criterion XVII, and 10
CFR 50.59(d)(3), as described in the
February 16, 2005, letter. Specifically,
pursuant to the requirements of 10 CFR
50.12, CY is exempted from the record
retention requirements of 10 CFR Part
50 Appendix A, Criterion I, 10 CFR Part
50 Appendix B, Criterion XVII, and 10
CFR 50.59(d)(3) for: (1) Records
pertaining to structures, systems, and
components, or activities associated
with the nuclear power unit and
associated support systems that no
longer exist at the CY site; and (2)
records pertaining to the spent fuel pool
and associated support systems for the
safe storage of fuel in the spent fuel pool
after the spent nuclear fuel and GTCC
has been completely transferred from
the spent fuel pool and the spent fuel
pool is ready for demolition. This
exemption does not apply to any
recordkeeping requirements for storage
of spent fuel at the CY ISFSI under 10
CFR Part 50 or the general requirements
of 10 CFR Part 72. In addition, this
exemption does not apply to any
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Frm 00070
Fmt 4703
Sfmt 4703
54589
records reflecting spills, releases or
other information relevant to remaining
decommissioning requirements and
activities at the CY site.
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 as documented in
Federal Register (70 FR 53258,
September 7, 2005).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 9th day
of September, 2005.
For the Nuclear Regulatory Commission.
Claudia M. Craig,
Acting Deputy Director, Decommissioning
Directorate, Division of Waste Management
and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E5–5023 Filed 9–14–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards; Joint Meeting of the
Subcommittees on Plant License
Renewal and on Plant Operations;
Notice of Meeting
The ACRS Subcommittees on Plant
License Renewal and on Plant
Operations will hold a joint meeting on
September 21, 2005, Room T–2B3,
11545 Rockville Pike, Rockville,
Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Wednesday, September 21, 2005—
8:30 a.m. until 5 p.m.
The purpose of this meeting is to
gather information regarding the current
status and condition of Browns Ferry
Unit 1 in preparation for ACRS reviews
of the license renewal application for
Browns Ferry Units 1, 2, and 3, and the
restart of Browns Ferry Unit 1. The
Subcommittees will hear presentations
by and hold discussions with
representatives of the NRC staff,
Tennessee Valley Authority, and other
interested persons regarding this matter.
The Subcommittees will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Mr. Cayetano Santos
(telephone 301/415–7270) five days
prior to the meeting, if possible, so that
E:\FR\FM\15SEN1.SGM
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Agencies
[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Pages 54587-54589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5023]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-213]
Connecticut Yankee Atomic Power Company, Haddam Neck Plant;
Partial Exemption from Requirements of 10 CFR Part 50 Appendix A,
Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR
50.59(d)(3)
1.0 Background
Connecticut Yankee Atomic Power Company (CY) is the licensee and
holder of Facility Operating License No. DPR-61 for the Haddam Neck
Plant (HNP), 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).
On December 5, 1996, CY notified NRC that operations had
permanently ceased and that all fuel had been permanently removed from
the reactor. On July 7, 2000, CY submitted its License Termination Plan
(LTP), which the NRC approved on November 25, 2002.
CY began actively decommissioning HNP in April 1999, through a
contract with Bechtel Power Corporation. In June 2003, CY began
managing the decommissioning using staff augmentation and
subcontractors for speciality work.
The nuclear reactor and all associated systems and components
necessary for the safe generation of power have been removed from the
facility and disposed or sold off-site. Additionally, the structures
necessary for safe power generation are either demolished or in an
advanced state of demolition. There are no safety-related structures,
systems and components (SSCs) remaining at the HNP. Transfer of the
spent fuel (SF) and greater-than-Class C (GTCC) waste from the SF pool
to the HNP Independent Spent Fuel Storage Installation (ISFSI) was
completed on March 30, 2005, but the SF pool has not yet been drained,
so it is not ready for demolition.
On February 16, 2005, CY filed a request for NRC approval of an
exemption from the recordkeeping requirements of 10 CFR Part 50
Appendix A, Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and
10 CFR 50.59(d)(3).
2.0 Request/Action
Pursuant to the requirements of 10 CFR 50.12, CY requested the
following exemption, to the extent necessary, from the record retention
requirements of:
(1) 10 CFR Part 50 Appendix A, Criterion 1, which requires certain
records be retained ``throughout the life of the unit'';
(2) 10 CFR Part 50 Appendix B, Section XVII, which requires certain
records be retained consistent with applicable regulatory requirements
for a duration established by the licensee; and
(3) 10 CFR Part 50.59(d)(3), which requires certain records be
maintained until ``termination of a license issued pursuant to'' Part
50.
CY proposes to eliminate these records when: (1) The nuclear power
unit and associated support systems no longer exist for SSCs associated
with safe power generation, or (2) spent nuclear fuel has been
completely transferred from the spent fuel pool and the building is
ready for demolition.
CY is not requesting any exemption associated with record keeping
requirements for storage of spent fuel at its ISFSI under 10 CFR Part
50 or the general license requirements of 10 CFR Part 72.
Most of these records are for SSCs that have been removed from HNP
and disposed of offsite. 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 50.57(g)]. 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,'' CY filed a
request for a partial exemption from the NRC recordkeeping requirements
contained in 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50
Appendix B, Criterion XVII, and 10 CFR 50.59 (d)(3). The NRC
recordkeeping requirements at issue in CY's request for exemption are
as follows.
10 CFR Part 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. Specifically, CY 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 Part 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, CY
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.
Consistent with applicable regulatory requirements, the applicant
shall establish requirements concerning record retention, such as
duration, location, and assigned responsibility.
CY also requests an exemption from 10 CFR 50.59(d)(3), which
states: ``The records of changes in the facility must be maintained
until the termination of a license issued pursuant to this part or
[[Page 54588]]
the termination of a license issued pursuant to 10 CFR Part 54,
whichever is later. Records of changes in procedures and records of
tests and experiments must be maintained for a period of 5 years.''
Exemption Requirements
In order to be granted an exemption from the requirements of 10 CFR
Part 50, Appendix A, Criterion I, Appendix B, Criterion XVII, and 10
CFR 50.59(d)(3), the licensee must meet the requirements of 10 CFR Part
50.12(a)(1), and demonstrate that special circumstances, as defined in
10 CFR 50.12(a)(2) exist. In its exemption request dated February 16,
2005, CY provides the following justification for granting the
exemption request and regulatory basis for meeting the requirements of
10 CFR 50.12(a)(1), and that the special circumstances, as defined in
10 CFR 50.12(a)(2), exist:
I. General Justification for Granting the Exemption Request
A. Nuclear Power Generation SSCs
The HNP power generation unit no longer exists. Its systems and
components have been removed to various offsite disposal facilities or
reuse applications. The structures that have not yet been fully
demolished have been remediated or partially demolished to the point of
rendering them useless for any application. The general justification
for disposition of records associated with these SSCs is that the SSCs
no longer exist, they no longer serve, nor can they conceivably serve,
any function regulated by the NRC.
While the safe power generation SSCs no longer exist, the HNP site
and the power generation ``footprint'' continue to be under NRC
regulation due, primarily, to presence of residual radioactivity. The
radiological controls (and other programmatic controls such as quality
assurance) of the ``footprint'' and the implementation of cleanup
criteria are fully covered through the current plant documents such as
the updated Final Safety Analysis Report (UFSAR), which includes the
HNP License Termination Plan and the Quality Assurance Program. These
programmatic elements and their associated records are unaffected by
the exemption request.
B. Spent Fuel and Associated SSCs
With all spent fuel and GTCC transferred from the spent fuel pool
(SFP) to the ISFSI on March 30, 2005, the SFP and its associated SSCs
no longer have a safety function. All records necessary for spent fuel
storage have been retained for the ISFSI. Similar to the power
generation SSC records, once the SFP is drained and ready for
demolition, there is no safety-significance or other regulatory value
in retaining SFP SSC records. Also, similar to the power generation
``footprint'', the SFP SSCs ``footprint'' is included under the
radiological control provided by the UFSAR, Quality Assurance Program,
and their programmatic elements.
Finally, CY believes that when the NRC developed record retention
requirements, there was little, if any discussion related to
decommissioning facilities. In the case of ISFSI records, however,
recent clarification was provided. Specifically, when updating 10 CFR
72.48 requirements (72.48 is the dry fuel storage equivalent of 10 CFR
50.59), the NRC clarified the retention period for records for changes
in the facility or spent fuel storage cask design to be until ``* * *.
Spent fuel is no longer stored in the facility'' (10 CFR
72.48(d)(3)(I). This is analogous to what CY is requesting--retention
of related records until fuel is no longer stored in the SFP and the
SFP building is ready for demolition.
C. ISFSI SSCs and Spent Nuclear Fuel
CY is not requesting any exemption associated with retention of
these records.
II. Specific Justification for Exemptions and Special Circumstances
A. Specific Exemption Is Authorized by Law
The CY exemption request to reduce record retention durations is
authorized by law and within the Commission's authority. CY believes
that the Commission would have made these clarifying changes to the
regulations had there been sufficient industry experience in performing
decommissioning and license termination at Part 50 facilities when the
record retention rules were originally promulgated.
B. Specific Exemption Will Not Present an Undue Risk to the Public
Health and Safety
The public health and safety are not affected by the proposed
exemption. Removal of the underlying SSCs associated with the records
has been already determined by CY, in accordance with 10 CFR 50.59, to
have no adverse public health and safety impact. Elimination of
associated records for these SSCs will not impact health and safety.
C. Specific Exemption Consistent With the Common Defense and Security
CY believes that the elimination of these 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.
D. Special Circumstances
Further CY provides the following regulatory basis for meeting the
requirements of:
10 CFR 50.12(a)(2)(ii)
``Application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule * * *''
The common and underlying purpose for the regulations cited above
is to ensure that the current license and design basis of the facility
is understood, documented, preserved and retrievable. The current
license basis encompasses all those elements of SSCs functionally
necessary to ensure, within the boundaries of nuclear regulation, safe
operation of the facility. In order to ensure future safe operation, a
license basis is maintained current by evaluating changes against up-
to-date information. The terms such as ``safety functions'', and ``safe
operation'' is meaningless if a facility has been dismantled and
disposed. In this case, retention of records associated with
nonexistent SSCs serves no safety or regulatory purpose. Therefore,
application of these record requirements in CY's circumstances does not
serve the underlying purpose of the regulations.
10 CFR 50.12(a)(2)(iii)
``Compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted,* * *''
The records retention itself is an expensive proposition. Retention
of records alone is not sufficient. They must be legible, retrievable
and stored in a safe condition. This expense was understood on the part
of the Commission and the nuclear industry for the current license
basis to ensure the continued safe operation of the facility. However,
what was not well understood (when the regulation was adopted) was the
effect of explicit record retention durations that survived the life of
a facility and no longer served an underlying safety purpose. This is
the current situation at the decommissioning facilities.
CY's available record storage capacity continues to shrink as
buildings are
[[Page 54589]]
remediated, surveyed and demolished. CY is less than one year from
demolishing the administrative building where many of the records are
stored and retained. Retaining records associated with non-existent
SSCs and a non-existent nuclear power generator is a significant
hardship today as records are shuffled between buildings and
administrative support personnel are reduced. It will become more of a
hardship and cost increase as they must make provisions for offsite
storage well in advance of building demolition.
10 CFR 50.12(a)(2)(vi)
``There is present any other material circumstances not considered
when the regulation was adopted for which it would be in the public
interest to grant an exemption.''
First, the cost associated with maintaining records that no longer
serve a safety purpose can be significant, particularly for a facility
at an advanced stage in the decommissioning process. Decommissioning
costs, including record maintenance, are paid by the ratepayers
throughout the multi-state region that benefitted from the power
produced by the HNP when it was operating. Since HNP is no longer
generating electric power and is in decommissioning, the requested
records exemption helps towards maintaining a cost-efficient
decommissioning.
Second, elimination of these records ensures their future
unavailability to individuals and groups interested in adversely
affecting commercial nuclear facilities.
4.0 Conclusion
Based on its evaluation, the staff concludes the requirements for a
specific exemption in 10 CFR 50.12 have been satisfied.
The staff concludes that the requested exemption from the
recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1,
10 CFR Part 50, Appendix B Criterion XVII, and 10 CFR 50.59(d)(3), will
not present an undue risk to the public health and safety. The
destruction of the identified 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.
Further, the staff concludes that the destruction of the identified
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 an underlying purpose of the record keeping
regulations in 10 CFR Part 50, Appendix A, Criterion 1, 10 CFR Part 50,
Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) is to ensure that
the NRC staff has access to information in order for the NRC to perform
its regulatory functions including inspection and licensing. For
example, in the event of any accident, incident, or condition that
could impact public health and safety, the records 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 at the site adversely impacting public health and
safety. Because the CY-HNP reactor primary systems, including the
reactor vessel, steam generators, pressurizer, reactor coolant pumps
and piping, and their associated support systems have been removed for
offsite disposal or resale, there are no longer regulatory functions
for NRC to perform associated with these systems or components. Thus,
the records identified in the exemption would not provide the NRC with
information for carrying out its regulatory function. To the extent
that CY had sold components, the new user of the components may have
need for the associated records, however, that is an issue for the new
owner and not a regulatory issue under CY's license.
Therefore, the Commission grants CY the requested exemption to the
recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1,
10 CFR 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3), as
described in the February 16, 2005, letter. Specifically, pursuant to
the requirements of 10 CFR 50.12, CY is exempted from the record
retention requirements of 10 CFR Part 50 Appendix A, Criterion I, 10
CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) for: (1)
Records pertaining to structures, systems, and components, or
activities associated with the nuclear power unit and associated
support systems that no longer exist at the CY site; and (2) records
pertaining to the spent fuel pool and associated support systems for
the safe storage of fuel in the spent fuel pool after the spent nuclear
fuel and GTCC has been completely transferred from the spent fuel pool
and the spent fuel pool is ready for demolition. This exemption does
not apply to any recordkeeping requirements for storage of spent fuel
at the CY ISFSI under 10 CFR Part 50 or the general requirements of 10
CFR Part 72. In addition, this exemption does not apply to any records
reflecting spills, releases or other information relevant to remaining
decommissioning requirements and activities at the CY site.
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 as documented in Federal Register (70
FR 53258, September 7, 2005).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 9th day of September, 2005.
For the Nuclear Regulatory Commission.
Claudia M. Craig,
Acting Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E5-5023 Filed 9-14-05; 8:45 am]
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