Yankee Atomic Electric Company; Yankee Nuclear Power Station; Partial Exemption, 42880-42882 [E6-12077]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42880-42882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12077]


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NUCLEAR REGULATORY COMMISSION

 [Docket No. 50-029]


Yankee Atomic Electric Company; Yankee Nuclear Power Station; 
Partial Exemption

1.0 Background

    Yankee Atomic Electric Company (YAEC, the licensee) is the licensee 
and holder of Facility Operating License No. DPR-3 for the Yankee 
Nuclear Power Station (YNPS), 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).
    YNPS is a deactivated pressurized-water nuclear reactor located in 
northwestern Massachusetts in Franklin County, near the southern 
Vermont border. The YNPS plant was constructed between 1958 and 1960 
and operated commercially at 185 megawatts electric (after a 1963 
upgrade) until 1992. In 1992, YAEC determined that closing of the plant 
would be in the best economic interest of its customers. In December 
1993, NRC amended the YNPS operating license to retain a ``possession-
only'' status. YAEC began dismantling and decommissioning activities at 
that time. Transfer of the spent fuel from the Spent Fuel Pit (SFP) to 
the Independent Spent Fuel Storage Installation (ISFSI) was completed 
in June 2003. With the exception of the greater than class C waste 
stored at the ISFSI, the reactor and all associated systems and 
components, including those associated with storage of spent fuel in 
the SFP, have been removed from the facility and disposed of offsite. 
In addition, the structures housing these systems and components have 
been demolished. Physical work associated with the decommissioning of 
YNPS is scheduled to be completed in 2006.
    By letter dated February 15, 2006, as supplemented on March 23, 
2006, YAEC filed a request for NRC approval of a partial exemption from 
the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, 
Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3).

2.0 Request/Action

    YAEC is requesting the following exemption, for records pertaining 
to systems, structures, or components (SSCs) and/or activities 
associated with the nuclear power generating unit, Spent Fuel Pit, and 
associated support systems, from the 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 Criterion XVII which requires certain records be retained 
consistent with regulatory requirements for a duration established by 
the licensee; (3) 10 CFR 50.59(d)(3) which requires certain records be 
maintained until ``termination of a license issued pursuant to'' part 
50; and (4) 10 CFR 50.71(c) which requires records retention for the 
period specified in the regulations or until license termination.

3.0 Discussion

    Most of these records are for SSCs that have been removed from 
Yankee 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.

Specific Exemption Is Authorized by Law

    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), if the specific exemption requirements 
of 10 CFR 50.12 are satisfied, the exemption from the recordkeeping 
requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR 
part 50, Appendix B, and 10 CFR 50.59(d)(3) is authorized by law.

Specific Exemption Will Not Present an Undue Risk to the Public Health 
and Safety

    With all the spent nuclear fuel transferred to the Yankee ISFSI, 
there is insufficient radioactive material remaining on the Yankee 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

[[Page 42881]]

the specified hard copy records will not present any reasonable 
possibility of 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; 10 CFR part 50, Appendix B; and 
10 CFR 50.59(d)(3), 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; 10 CFR part 50, Appendix B; and 
10 CFR 50.59(d)(3), 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; 10 CFR 
part 50, Appendix B; and 10 CFR 50.59(d)(3), for the types of hard copy 
records described above is consistent with the common defense and 
security.

Special Circumstances

    NRC regulation 10 CFR 50.12(a)(2) states, in part:

    (2) The Commission will not consider granting an exemption 
unless special circumstances are present. Special circumstances are 
present whenever--(ii) Application 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.

    Given the status of Yankee decommissioning, special circumstances 
exist 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; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3) to the 
continued storage of the hard copy records described previously is not 
necessary to achieve the underlying purpose of the rules.
    The NRC's Statements of Consideration for final rulemaking, 
effective July 26, 1988 (53 FR 19240 dated May 27, 1988) ``Retention 
Periods for Records,'' provides the underlying purpose of the 
regulatory recordkeeping requirements. In response to several public 
comments leading up to this final rulemaking, the NRC supported the 
need for record retention requirements by stating that records:

    * * * must be retained * * * so that they will be available for 
examination by the Commission in any analysis following an accident, 
incident, or other problem involving public health and safety * * * 
[and] * * * for NRC to ensure compliance with the safety and health 
aspects of the nuclear environment and for the NRC to accomplish its 
mission to protect the public health and safety.

    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.
    Given the current status of Yankee 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 been removed from the Yankee site for disposal.
    As indicated in the excerpts cited above under the heading ``NRC 
Regulatory recordkeeping Requirements to be Exempted,'' the regulations 
include wording that states that records of activities involving the 
operation, design, fabrication, erection, and testing of SSCs that are 
classified as quality-related and/or important to safety should be 
retained ``until the Commission terminates the facility license'' or 
``throughout the life of the unit.'' As stated in 10 CFR part 50, 
Appendix A:

    A nuclear power unit means a nuclear power reactor and 
associated equipment necessary for electric power generation and 
includes those 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.

    With the majority of the primary and secondary systems removed for 
disposal, the Yankee 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, Yankee 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 cited above, Yankee is no longer a nuclear power 
unit as defined in 10 CFR part 50, Appendix A.
    Based on the above, it is clear that application of the subject 
recordkeeping requirements to the Yankee 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 has determined 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 has determined that the requested partial exemption from 
the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, 
Appendix A;

[[Page 42882]]

10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), 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 has determined 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 has determined 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 Yankee 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 YAEC 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; and 10 CFR 
50.59(d)(3), as described in the February 15, 2006, letter as 
supplemented on March 23, 2006.
    Pursuant to 10 CFR part 51.31, 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 
notice Vol. 71, No. 127, dated July 3, 2006.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 20th day of July, 2006.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning Directorate, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards.
 [FR Doc. E6-12077 Filed 7-27-06; 8:45 am]
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