Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station; Exemption, 13482-13483 [E9-6845]
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
hours for reporting and 17,726 hours for
recordkeeping)].
7. Abstract: 10 CFR part 40 establishes
requirements for licenses for the receipt,
possession, use and transfer of
radioactive source and byproduct
material. NRC Form 484 is used to
report certain groundwater monitoring
data required by 10 CFR part 40 for
uranium recovery licensees. The
application, reporting and
recordkeeping requirements are
necessary to permit the NRC to make a
determination on whether the
possession, use, and transfer of source
and byproduct material is in
conformance with the Commission’s
regulations for protection of public
health and safety.
Submit, by May 26, 2009, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville,
Maryland 20852. OMB clearance
requests are available at the NRC
worldwide Web site: https://
www.nrc.gov/public-involve/doccomment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice. Comments
submitted in writing or in electronic
form will be made available for public
inspection. Because your comments will
not be edited to remove any identifying
or contact information, the NRC
cautions you against including any
information in your submission that you
do not want to be publicly disclosed.
Comments submitted should reference
Docket No. NRC–2009–0133. You may
submit your comments by any of the
following methods. Electronic
comments: Go to https://
www.regulations.gov and search for
Docket No. NRC–2009–0133. Mail
comments to NRC Clearance Officer,
Gregory Trussell (T–5 F53), U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001. Questions
about the information collection
requirements may be directed to the
NRC Clearance Officer, Gregory Trussell
VerDate Nov<24>2008
17:13 Mar 26, 2009
Jkt 217001
(T–5 F53), U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, by telephone at 301–415–6445, or
by e-mail to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 20th day
of March, 2009.
For the Nuclear Regulatory Commission.
Gregory Trussell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E9–6847 Filed 3–26–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–271; NRC–2009–0121]
Entergy Nuclear Operations, Inc.;
Vermont Yankee Nuclear Power
Station; Exemption
1.0 Background
Entergy Nuclear Operations, Inc.
(Entergy or the licensee) is the holder of
Facility Operating License No. DPR–28,
which authorizes operation of the
Vermont Yankee Nuclear Power Station
(VY). The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC
or the Commission) now or hereafter in
effect.
The facility consists of a boiling-water
reactor located in Windham County,
Vermont.
2.0 Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR), Part 50, Section
50.48, requires that nuclear power
plants that were licensed before January
1, 1979, of which VY is one, must
satisfy the requirements of 10 CFR Part
50, Appendix R, Section III.G.2, which
requires to have a minimum of 20 feet
separation between redundant cable
trays.
In an NRC letter dated December 1,
1986, the NRC granted the licensee the
exemption from the provisions of 10
CFR Part 50, Appendix R, Section
III.G.2, which in part permitted a
reduction in minimum separation
distance between cable trays in the
northwest corner of Fire Zone RB–3 of
the reactor building to 18 feet. VY has
identified that the actual minimum
physical separation distance between
the cable trays is actually 17 feet–7.5
inches.
In summary, the letter dated July 11,
2008, Agencywide Documents Access
and Management System (ADAMS)
accession number ML082030154, as
supplemented on November 20, 2008,
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
ADAMS accession number
ML083370180, Entergy on behalf of VY,
requested a revision to the exemption
from the provisions of 10 CFR Part 50,
Appendix R, Section III.G.2, dated
December 1, 1986 (ML011620492),
which in part permitted a reduction in
minimum separation distance between
cable trays in the northwest corner of
Fire Zone RB–3 of the Reactor Building
to 18 feet. VY has requested a revision
of the existing exemption to permit the
actual minimum separation distance of
17 feet–7.5 inches.
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. One of these special
circumstances, described in 10 CFR
50.12(a)(2)(ii), is that the application of
the regulation is not necessary to
achieve the underlying purpose of the
rule.
The underlying purpose of Subsection
III.G.2 of 10 CFR Part 50, Appendix R,
is to ensure that one of the redundant
trains necessary to achieve and maintain
hot shutdown conditions remains free of
fire damage in the event of a fire.
The NRC staff reviewed the licensee’s
evaluation in support of the subject
exemption request and concludes that
the further reduction in minimum
separation distance is sufficient to
maintain an adequate level of safety to
meet the requirements of 10 CFR
50.12(a)(2)(ii) in that the application of
the regulation is not necessary to
achieve the underlying purpose of the
rule.
Authorized by Law
This exemption would permit a
reduced minimum separation distance
of 17 feet–7.5 inches, instead of ‘‘more
than 20 feet’’ between cable trays in Fire
Zone RB–3, elevation 252 feet, provided
all other passive and active forms of
protection (e.g., lack of combustible fuel
loading or fire hazards, fire detectors
and automatic fire suppression system)
are provided and maintained in
accordance with III.G.2. As stated above,
10 CFR 50.12 allows the NRC to grant
exemptions from the requirements of 10
CFR Part 50. The NRC staff has
determined that granting of the
licensee’s proposed exemption will not
result in a violation of the Atomic
Energy Act of 1954, as amended, or the
E:\FR\FM\27MRN1.SGM
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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices
mstockstill on PROD1PC66 with NOTICES
Commission’s regulations. Therefore,
the exemption is authorized by law.
No Undue Risk to Public Health and
Safety
One of the underlying purposes of 10
CFR Part 50, Appendix R Section III.G
is to protect safe shutdown capability.
This is done by ensuring that one train
of systems necessary to achieve and
maintain hot shutdown conditions from
either the control room or emergency
control station(s) is free of fire damage.
III.G.2 provides the following means to
ensure that a redundant train of safe
shutdown equipment is free of fire
damage, where redundant trains are
located in the same fire area:
a. Separation of cables and equipment
by a fire barrier having a 3-hour rating,
b. Separation of cables and equipment
by a horizontal distance of more than 20
feet with no intervening combustibles or
fire hazards and with fire detectors and
an automatic fire suppression system in
the fire area, or
c. Enclosure of cables and equipment
in a fire barrier having a 1-hour rating
and with fire detectors and an automatic
fire suppression system in the fire area.
Entergy has indicated that the cable
trays will be separated by a minimum
distance of 17 feet–7.5 inches for a
horizontal distance of approximately 10
feet and that the remaining length of
cable trays will be separated by more
than 17 feet–7.5 inches. Entergy has also
indicated that transient combustibles
and hot work controls have been
enhanced since the exemption was
originally granted. This was
accomplished by designating Fire Zone
RB–3 as a ‘‘Level 2’’ combustible control
area, which limits combustibles to
moderate quantities and hot work
requires prior review and approval of a
fire protection engineer.
Additionally, Entergy has stated that
a pre-action automatic sprinkler system
is provided beneath the lowest level of
cable trays and above the top level of
cable trays in Fire Zone RB–3 and that
manual suppression equipment is
provided throughout Fire Zone RB–3 in
the form of accessible fire hose stations
and portable fire extinguishers. A fire
detection system is provided in the form
of Ionization-type smoke detectors.
According to Entergy, the fire
protection systems are functionally
unchanged from what was previously
included in the December 1, 1986,
evaluation. The licensee has indicated
that 1-hour 3M Interam fire barriers
were installed to protect certain
raceways in the northwest corner of
elevation 252 feet however; no credit for
the barriers has been requested as part
of this exemption.
VerDate Nov<24>2008
17:13 Mar 26, 2009
Jkt 217001
Based on the above, the exemption to
allow the reduced minimum separation
distance of 17 feet–7.5 inches in lieu of
the 20 feet dimension specified in
III.G.2 a, b, and c, does not increase the
probability of postulated accidents or
undue risk. Based on the combination of
a lack of combustible fuel loading and
ignition sources, room configuration
and the separation distance of 17 feet–
7.5 inches, the overall level of
protection and defense in depth has
been shown to meet or exceed the intent
of the requirements included in III.G.2
and equivalent with regard to safe
shutdown capability following a fire.
Therefore, there is no additional risk to
public health and safety.
Consistent With Common Defense and
Security
The proposed exemption would
permit a reduced minimum separation
distance between cable trays in a select
area in lieu of meeting the separation
requirements specified in III.G.2. This
change has no relation to security
issues. Therefore, the common defense
and security is not impacted by this
exemption.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances is not
necessary to achieve the underlying
purpose of the rule. Part of the
underlying purpose of 10 CFR Part 50,
Appendix R Section III.G is to assure
safe shutdown capability. Entergy states
that the active and passive fire
protection features that were included
in the original exemption remain
functionally unchanged. This review
determined that the reduction in
minimum separation distance does not
adversely affect the level of safety at the
plant given the physical configuration of
the cable trays, existing suppression and
detection systems and the lack of
combustible fuel loading in the area.
The combination of these safeguards is
sufficient to maintain safe shutdown
capability in the event of a fire even at
the reduced separation distance of 17
feet–7.5 inches. Since the underlying
purpose of 10 CFR Part 50, Appendix R
Section III.G to protect safe shutdown
capability is achieved, the special
circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an
exemption from 10 CFR Part 50,
Appendix R Section III.G.2 exist.
4.0 Conclusion
Accordingly, the Commission has
determined that special circumstances
are present and that, pursuant to 10 CFR
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
13483
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 levels intended by the rule
for Nuclear Power Plants. Therefore, the
Commission hereby grants Entergy an
exemption from the requirements of
III.G.2 b of 10 CFR Part 50, Appendix R,
which is required by 10 CFR 50.48(b) for
plants licensed to operate before January
1, 1979, to VY.
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 (74 FR 11612).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 19th day
of March 2009.
For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–6845 Filed 3–26–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0138]
Proposed Generic Communication;
Pre-Licensing Construction Activities
at Proposed Uranium Recovery
Facilities
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of opportunity for public
comment.
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is proposing to issue
a regulatory issue summary (RIS) to
present its interpretation of the
regulations governing the
commencement of construction found
in 10 CFR 40.32(e). This Federal
Register notice is available through the
NRC’s Agencywide Documents Access
and Management System (ADAMS)
under accession number ML083470668.
DATES: Comment period expires April
27, 2009. Comments submitted after this
date will be considered if it is practical
to do so, but assurance of consideration
cannot be given except for comments
received on or before this date.
ADDRESSES: Submit written
comments to the Chief, Uranium
Recovery Licensing Branch, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
E:\FR\FM\27MRN1.SGM
27MRN1
]]>Agencies
[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13482-13483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6845]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2009-0121]
Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power
Station; Exemption
1.0 Background
Entergy Nuclear Operations, Inc. (Entergy or the licensee) is the
holder of Facility Operating License No. DPR-28, which authorizes
operation of the Vermont Yankee Nuclear Power Station (VY). The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the Nuclear Regulatory Commission
(NRC or the Commission) now or hereafter in effect.
The facility consists of a boiling-water reactor located in Windham
County, Vermont.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 50,
Section 50.48, requires that nuclear power plants that were licensed
before January 1, 1979, of which VY is one, must satisfy the
requirements of 10 CFR Part 50, Appendix R, Section III.G.2, which
requires to have a minimum of 20 feet separation between redundant
cable trays.
In an NRC letter dated December 1, 1986, the NRC granted the
licensee the exemption from the provisions of 10 CFR Part 50, Appendix
R, Section III.G.2, which in part permitted a reduction in minimum
separation distance between cable trays in the northwest corner of Fire
Zone RB-3 of the reactor building to 18 feet. VY has identified that
the actual minimum physical separation distance between the cable trays
is actually 17 feet-7.5 inches.
In summary, the letter dated July 11, 2008, Agencywide Documents
Access and Management System (ADAMS) accession number ML082030154, as
supplemented on November 20, 2008, ADAMS accession number ML083370180,
Entergy on behalf of VY, requested a revision to the exemption from the
provisions of 10 CFR Part 50, Appendix R, Section III.G.2, dated
December 1, 1986 (ML011620492), which in part permitted a reduction in
minimum separation distance between cable trays in the northwest corner
of Fire Zone RB-3 of the Reactor Building to 18 feet. VY has requested
a revision of the existing exemption to permit the actual minimum
separation distance of 17 feet-7.5 inches.
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. One of these special
circumstances, described in 10 CFR 50.12(a)(2)(ii), is that the
application of the regulation is not necessary to achieve the
underlying purpose of the rule.
The underlying purpose of Subsection III.G.2 of 10 CFR Part 50,
Appendix R, is to ensure that one of the redundant trains necessary to
achieve and maintain hot shutdown conditions remains free of fire
damage in the event of a fire.
The NRC staff reviewed the licensee's evaluation in support of the
subject exemption request and concludes that the further reduction in
minimum separation distance is sufficient to maintain an adequate level
of safety to meet the requirements of 10 CFR 50.12(a)(2)(ii) in that
the application of the regulation is not necessary to achieve the
underlying purpose of the rule.
Authorized by Law
This exemption would permit a reduced minimum separation distance
of 17 feet-7.5 inches, instead of ``more than 20 feet'' between cable
trays in Fire Zone RB-3, elevation 252 feet, provided all other passive
and active forms of protection (e.g., lack of combustible fuel loading
or fire hazards, fire detectors and automatic fire suppression system)
are provided and maintained in accordance with III.G.2. As stated
above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50. The NRC staff has determined that
granting of the licensee's proposed exemption will not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
[[Page 13483]]
Commission's regulations. Therefore, the exemption is authorized by
law.
No Undue Risk to Public Health and Safety
One of the underlying purposes of 10 CFR Part 50, Appendix R
Section III.G is to protect safe shutdown capability. This is done by
ensuring that one train of systems necessary to achieve and maintain
hot shutdown conditions from either the control room or emergency
control station(s) is free of fire damage. III.G.2 provides the
following means to ensure that a redundant train of safe shutdown
equipment is free of fire damage, where redundant trains are located in
the same fire area:
a. Separation of cables and equipment by a fire barrier having a 3-
hour rating,
b. Separation of cables and equipment by a horizontal distance of
more than 20 feet with no intervening combustibles or fire hazards and
with fire detectors and an automatic fire suppression system in the
fire area, or
c. Enclosure of cables and equipment in a fire barrier having a 1-
hour rating and with fire detectors and an automatic fire suppression
system in the fire area.
Entergy has indicated that the cable trays will be separated by a
minimum distance of 17 feet-7.5 inches for a horizontal distance of
approximately 10 feet and that the remaining length of cable trays will
be separated by more than 17 feet-7.5 inches. Entergy has also
indicated that transient combustibles and hot work controls have been
enhanced since the exemption was originally granted. This was
accomplished by designating Fire Zone RB-3 as a ``Level 2'' combustible
control area, which limits combustibles to moderate quantities and hot
work requires prior review and approval of a fire protection engineer.
Additionally, Entergy has stated that a pre-action automatic
sprinkler system is provided beneath the lowest level of cable trays
and above the top level of cable trays in Fire Zone RB-3 and that
manual suppression equipment is provided throughout Fire Zone RB-3 in
the form of accessible fire hose stations and portable fire
extinguishers. A fire detection system is provided in the form of
Ionization-type smoke detectors.
According to Entergy, the fire protection systems are functionally
unchanged from what was previously included in the December 1, 1986,
evaluation. The licensee has indicated that 1-hour 3M Interam fire
barriers were installed to protect certain raceways in the northwest
corner of elevation 252 feet however; no credit for the barriers has
been requested as part of this exemption.
Based on the above, the exemption to allow the reduced minimum
separation distance of 17 feet-7.5 inches in lieu of the 20 feet
dimension specified in III.G.2 a, b, and c, does not increase the
probability of postulated accidents or undue risk. Based on the
combination of a lack of combustible fuel loading and ignition sources,
room configuration and the separation distance of 17 feet-7.5 inches,
the overall level of protection and defense in depth has been shown to
meet or exceed the intent of the requirements included in III.G.2 and
equivalent with regard to safe shutdown capability following a fire.
Therefore, there is no additional risk to public health and safety.
Consistent With Common Defense and Security
The proposed exemption would permit a reduced minimum separation
distance between cable trays in a select area in lieu of meeting the
separation requirements specified in III.G.2. This change has no
relation to security issues. Therefore, the common defense and security
is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule. Part of the underlying purpose of 10 CFR Part 50, Appendix R
Section III.G is to assure safe shutdown capability. Entergy states
that the active and passive fire protection features that were included
in the original exemption remain functionally unchanged. This review
determined that the reduction in minimum separation distance does not
adversely affect the level of safety at the plant given the physical
configuration of the cable trays, existing suppression and detection
systems and the lack of combustible fuel loading in the area. The
combination of these safeguards is sufficient to maintain safe shutdown
capability in the event of a fire even at the reduced separation
distance of 17 feet-7.5 inches. Since the underlying purpose of 10 CFR
Part 50, Appendix R Section III.G to protect safe shutdown capability
is achieved, the special circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an exemption from 10 CFR Part 50,
Appendix R Section III.G.2 exist.
4.0 Conclusion
Accordingly, the Commission has determined that special
circumstances are present and 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 levels intended by the rule for Nuclear Power Plants.
Therefore, the Commission hereby grants Entergy an exemption from the
requirements of III.G.2 b of 10 CFR Part 50, Appendix R, which is
required by 10 CFR 50.48(b) for plants licensed to operate before
January 1, 1979, to VY.
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 (74 FR 11612).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 19th day of March 2009.
For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. E9-6845 Filed 3-26-09; 8:45 am]
BILLING CODE 7590-01-P
