Nuclear Management Company, LLC; Point Beach Nuclear Plant, Units 1 and 2; Prairie Island Nuclear Generating Plant, Units 1 and 2; �09Exemption, 30700-30701 [E6-8262]
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30700
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Notices
sediment, trash, building rubble,
structures, and any other contaminated
material at the Cushing site during
remediation and disposal activities.
Kerr-McGee remediated the site under
a consent order with the Oklahoma
Department of Environmental Quality.
Kerr-McGee submitted its
Decommissioning Plan (DP) on August
17, 1998, and NRC approved the DP on
August 20, 1999. The licensee
conducted decommissioning activities
at the Cushing site in accordance with
the approved DP from January 2000 to
June 2005. In accordance with the DP,
the licensee conducted final status
surveys (FSSs) to demonstrate that the
facility and site meet the criteria for
unrestricted release as stated in
Condition 11(N) of SNM–1999. Details
of the FSS results were submitted to the
NRC in 15 separate FSS reports (FSSRs).
Kerr-McGee also submitted a dose
assessment demonstrating that the post
remediation conditions at the site meet
the unrestricted release criteria of 10
CFR part 20, subpart E. Kerr-McGee
submitted a request for termination of
its SNM License on June 15, 2005
(ML051680329), with revisions on May
11, 2006 (ML061380781).
NRC conducted a number of
independent confirmatory surveys to
verify FSS results obtained and reported
by the licensee. Confirmatory surveys
consisted of surface scans for beta and
gamma radiation, direct measurements
for total beta activity, collection of
smear samples for determining
removable radioactivity levels, and
collection and analysis of soil samples.
The Commission has concluded,
based on the considerations discussed
above, that: (i) The remaining
dismantlement has been performed in
accordance with the approved DP; (ii)
The FSS and associated documentation
demonstrate that the Cushing site meet
the criteria for decommissioning and
release of the site for unrestricted use
that are stipulated in Condition 11(N) of
SNM–1999. Further, FSSs demonstrated
that the post-remediation condition of
the site results in a dose less than the
25 mrem (millirem)/year (yr)
unrestricted release criteria of 10 CFR
part 20, subpart E; and (iii) Kerr-McGee
has met the Part 70 requirements for
forwarding of specific records to NRC
prior to license termination. Therefore,
the Commission is terminating SNM
License No. SNM–1999.
FOR FURTHER INFORMATION CONTACT: See
the application dated June 15, 2005,
with revisions on May 11, 2006, and the
Safety Evaluation Report dated May 18,
2006, available for public inspection at
the Commission’s Public Document
VerDate Aug<31>2005
16:51 May 26, 2006
Jkt 208001
Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agency-wide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html
(ADAMS Accession Nos. ML051680329,
ML061380781, and ML060960070).
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 18th day
of May, 2006.
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. E6–8274 Filed 5–26–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–266, 50–301, 50–282, and
50–306]
Nuclear Management Company, LLC;
Point Beach Nuclear Plant, Units 1 and
2; Prairie Island Nuclear Generating
Plant, Units 1 and 2; Exemption
1.0
Background
The Nuclear Management Company,
LLC (NMC, licensee) is the holder of
Facility Operating License Nos. DPR–24,
DPR–27, DPR–42, and DPR–60, which
authorize operation of the Point Beach
Nuclear Plant (PBNP), Units 1 and 2,
and the Prairie Island Nuclear
Generating Plant (PINGP), Units 1 and 2.
The licenses provide, among other
things, that the facilities are subject to
all rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC,
Commission) now or hereafter in effect.
The PBNP facility consists of two
pressurized-water reactors located in
Manitowoc County, Wisconsin, and the
PINGP facility consists of two
pressurized-water reactors located in
Goodhue County, Minnesota.
2.0
Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR), section 50.71,
‘‘Maintenance of records, making of
reports,’’ paragraph (e)(4) states, in part,
‘‘Subsequent revisions [to the updated
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
Final Safety Analysis Report (FSAR)]
must be filed annually or 6 months after
each refueling outage provided the
interval between successive updates
does not exceed 24 months.’’ When two
units share a common FSAR, the rule
has the effect of making the licensee
update the FSAR about every 12 to 18
months. The current rule, as revised on
August 31, 1992 (57 FR 39353), was
intended to provide some reduction in
regulatory burden by limiting the
frequency of required updates. The
burden reduction, however, can only be
realized by single-unit facilities or
multiple-unit facilities that maintain
separate FSARs for each unit. For
multiple-unit facilities with a common
FSAR, the phrase ‘‘each refueling
outage’’ increases rather than decreases
the regulatory burden. While the NRC
did not provide in the rule for multipleunit facilities sharing a common FSAR,
it stated that, ‘‘[w]ith respect to the
concern about multiple facilities sharing
a common FSAR, licensees will have
maximum flexibility for scheduling
updates on a case-by-case basis’’ (57 FR
39355). PBNP and PINGP are two-unit
sites, each site sharing a common
updated FSAR 1. This rule requires the
licensee to update the PBNP FSAR and
PINGP FSAR annually or within 6
months after each unit’s refueling
outage.
In summary, the exemption from the
requirements of 10 CFR 50.71(e)(4)
would allow periodic updates of the
PBNP and PINGP updated FSARs once
per fuel cycle, within 6 months
following completion of each PBNP,
Unit 1, refueling outage and within 6
months of each PINGP, Unit 2, refueling
outage, respectively, not to exceed 24
months from the last submittal for either
site.
3.0 Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR part 50 when (1)
the exemptions are authorized by law,
will not present an undue risk to public
health or safety, and are consistent with
the common defense and security; and
(2) when special circumstances are
present. Section 50.12(a)(2)(ii) of 10 CFR
states that special circumstances are
present when ‘‘[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 underlying
1 The updated FSAR at PINGP is called the
Updated Safety Analysis Report (USAR).
E:\FR\FM\30MYN1.SGM
30MYN1
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Notices
purpose of the rule was to relieve
licensees of the burden of filing annual
FSAR revisions while assuring that such
revisions are made at least every 24
months.
The NRC staff examined the licensee’s
rationale to support the exemption
request and concluded that it would
meet the underlying purpose of 10 CFR
50.71(e)(4). The licensee’s proposed
schedule for the PBNP FSAR and PINGP
FSAR updates will ensure that the
FSAR will be kept current for all units
within 24 months of the last revision.
The proposed schedule satisfies the
maximum 24-month interval between
FSAR revisions specified by 10 CFR
50.71(e)(4). The requirement to revise
the FSAR annually or within 6 months
after refueling outages for each unit,
therefore, is not necessary to achieve the
underlying purpose of the rule.
Based on a consideration of the
licensee’s proposed exemption, the NRC
staff concludes that literal application of
10 CFR 50.71(e)(4) would require the
licensee to update the same document
within 6 months after a refueling outage
for either unit at each site, a more
burdensome requirement than intended
by the regulation.
Therefore, the NRC staff concludes
that, pursuant to 10 CFR 50.12(a)(2)(ii),
special circumstances are present.
jlentini on PROD1PC65 with NOTICES
4.0
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants NMC an
exemption from the requirements of 10
CFR 50.71(e)(4) to submit updates to the
PBNP FSAR and PINGP FSAR annually
or within 6 months of each unit’s
refueling outage. The licensee will be
required to submit updates of the PBNP
and PINGP updated FSARs once per
fuel cycle, within 6 months following
completion of each PBNP, Unit 1,
refueling outage and within 6 months of
each PINGP, Unit 2, refueling outage,
respectively, not to exceed 24 months
from the last submittal for either 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 (71 FR 28889).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 22nd
day of May 2006.
VerDate Aug<31>2005
16:51 May 26, 2006
Jkt 208001
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–8262 Filed 5–26–06; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Sunshine Act, Board of Governors;
Meeting
8:30 a.m., Tuesday,
June 6, 2006; and 9 a.m., Wednesday,
June 7, 2006.
PLACE: Indianapolis, Indiana, at the
Westin Hotel, 50 South Capitol Avenue.
STATUS: June 6—8:30 a.m. (Closed); June
7—9 .a.m. (Closed).
MATTERS TO BE CONSIDERED:
TIMES AND DATES:
Tuesday, June 6, at 8:30 a.m. (Closed)
1. Labor Negotiations Planning.
2. Rate Case Planning.
3. Strategic Planning.
4. Financial Update.
5. Personnel Matters and
Compensation Issues.
Wednesday, June 7, at 9 a.m. (Closed—
if needed.)
1. Continuation of Tuesday’s agenda.
FOR FURTHER INFORMATION CONTACT:
Wendy A. Hocking, Secretary of the
Board, U.S. Postal Service, 475 L’Enfant
Plaza, SW., Washington, DC 20260–
1000. Telephone (202) 268–4800.
Wendy A. Hocking,
Secretary.
[FR Doc. 06–4993 Filed 5–25–06; 3:21pm]
BILLING CODE 7710–12–M
30701
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552(b)(c)(2), (6) and (7) and 17
CFR 200.402(a)(2), (6) and (7) permit
consideration of the scheduled matter at
the Closed Meeting.
Commissioner Atkins, as duty officer,
determined that Commission business
required the above change and that no
earlier notice thereof was possible.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 551–5400.
Dated: May 24, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. 06–4955 Filed 5–25–06; 10:46 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–53852; File No. SR–FICC–
2006–04]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Clarify
Provisions in the Rules of the
Government Securities Division
Relating to the GCF Forward Mark
Component of the Funds-Only
Settlement Process
May 23, 2006.
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act; Meeting
Federal Register Citation of Previous
Announcement: [71 FR 28892, May 18,
2006]
Closed Meeting.
100 F Street, NE., Washington,
STATUS:
PLACE:
DC.
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: Thursday, May 25, 2006 at 2
p.m.
Additional Item
and Time Change.
The Closed Meeting scheduled for
Thursday, May 25, 2006 at 2 p.m. has
been changed to Thursday, May 25,
2006 at 1 p.m. with the following item
being added: Congressional request for
non-public documents.
CHANGE IN THE MEETING:
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Frm 00053
Fmt 4703
Sfmt 4703
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
March 24, 2006, the Fixed Income
Clearing Corporation (‘‘FICC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change described in Items
I, II, and III below, which items have
been prepared primarily by FICC. FICC
filed the proposed rule change pursuant
to section 19(b)(3)(A)(iii) of the Act 2
and Rule 19b–4(f)(4) thereunder 3 so that
the proposal was effective upon filing
with the Commission. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested parties.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78s(b)(3)(A)(iii).
3 17 CFR 240.19b–4(f)(4).
2 15
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30MYN1
Agencies
[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Notices]
[Pages 30700-30701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8262]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266, 50-301, 50-282, and 50-306]
Nuclear Management Company, LLC; Point Beach Nuclear Plant, Units
1 and 2; Prairie Island Nuclear Generating Plant, Units 1 and 2;
Exemption
1.0 Background
The Nuclear Management Company, LLC (NMC, licensee) is the holder
of Facility Operating License Nos. DPR-24, DPR-27, DPR-42, and DPR-60,
which authorize operation of the Point Beach Nuclear Plant (PBNP),
Units 1 and 2, and the Prairie Island Nuclear Generating Plant (PINGP),
Units 1 and 2. The licenses provide, among other things, that the
facilities are subject to all rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC, Commission) now or hereafter in
effect.
The PBNP facility consists of two pressurized-water reactors
located in Manitowoc County, Wisconsin, and the PINGP facility consists
of two pressurized-water reactors located in Goodhue County, Minnesota.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), section
50.71, ``Maintenance of records, making of reports,'' paragraph (e)(4)
states, in part, ``Subsequent revisions [to the updated Final Safety
Analysis Report (FSAR)] must be filed annually or 6 months after each
refueling outage provided the interval between successive updates does
not exceed 24 months.'' When two units share a common FSAR, the rule
has the effect of making the licensee update the FSAR about every 12 to
18 months. The current rule, as revised on August 31, 1992 (57 FR
39353), was intended to provide some reduction in regulatory burden by
limiting the frequency of required updates. The burden reduction,
however, can only be realized by single-unit facilities or multiple-
unit facilities that maintain separate FSARs for each unit. For
multiple-unit facilities with a common FSAR, the phrase ``each
refueling outage'' increases rather than decreases the regulatory
burden. While the NRC did not provide in the rule for multiple-unit
facilities sharing a common FSAR, it stated that, ``[w]ith respect to
the concern about multiple facilities sharing a common FSAR, licensees
will have maximum flexibility for scheduling updates on a case-by-case
basis'' (57 FR 39355). PBNP and PINGP are two-unit sites, each site
sharing a common updated FSAR \1\. This rule requires the licensee to
update the PBNP FSAR and PINGP FSAR annually or within 6 months after
each unit's refueling outage.
---------------------------------------------------------------------------
\1\ The updated FSAR at PINGP is called the Updated Safety
Analysis Report (USAR).
---------------------------------------------------------------------------
In summary, the exemption from the requirements of 10 CFR
50.71(e)(4) would allow periodic updates of the PBNP and PINGP updated
FSARs once per fuel cycle, within 6 months following completion of each
PBNP, Unit 1, refueling outage and within 6 months of each PINGP, Unit
2, refueling outage, respectively, not to exceed 24 months from the
last submittal for either site.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 50 when (1) the exemptions are
authorized by law, will not present an undue risk to public health or
safety, and are consistent with the common defense and security; and
(2) when special circumstances are present. Section 50.12(a)(2)(ii) of
10 CFR states that special circumstances are present when
``[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 underlying
[[Page 30701]]
purpose of the rule was to relieve licensees of the burden of filing
annual FSAR revisions while assuring that such revisions are made at
least every 24 months.
The NRC staff examined the licensee's rationale to support the
exemption request and concluded that it would meet the underlying
purpose of 10 CFR 50.71(e)(4). The licensee's proposed schedule for the
PBNP FSAR and PINGP FSAR updates will ensure that the FSAR will be kept
current for all units within 24 months of the last revision. The
proposed schedule satisfies the maximum 24-month interval between FSAR
revisions specified by 10 CFR 50.71(e)(4). The requirement to revise
the FSAR annually or within 6 months after refueling outages for each
unit, therefore, is not necessary to achieve the underlying purpose of
the rule.
Based on a consideration of the licensee's proposed exemption, the
NRC staff concludes that literal application of 10 CFR 50.71(e)(4)
would require the licensee to update the same document within 6 months
after a refueling outage for either unit at each site, a more
burdensome requirement than intended by the regulation.
Therefore, the NRC staff concludes that, pursuant to 10 CFR
50.12(a)(2)(ii), special circumstances are present.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants NMC an exemption from the
requirements of 10 CFR 50.71(e)(4) to submit updates to the PBNP FSAR
and PINGP FSAR annually or within 6 months of each unit's refueling
outage. The licensee will be required to submit updates of the PBNP and
PINGP updated FSARs once per fuel cycle, within 6 months following
completion of each PBNP, Unit 1, refueling outage and within 6 months
of each PINGP, Unit 2, refueling outage, respectively, not to exceed 24
months from the last submittal for either 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 (71 FR 28889).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 22nd day of May 2006.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E6-8262 Filed 5-26-06; 8:45 am]
BILLING CODE 7590-01-P