Detroit Edison Company Fermi, Unit 2; Exemption, 76054-76055 [2010-30636]

Download as PDF 76054 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES requirements, the licensee is required to be in compliance with all other applicable physical security requirements as described in 10 CFR 73.55 and reflected in its current NRC approved physical security program. By July 15, 2011, SNC will be in full compliance with all the regulatory requirements of 10 CFR 73.55 for the FNP, as issued on March 27, 2009. 4.0 Conclusion for Part 73 Schedule Exemption Request The NRC staff has reviewed the licensee’s submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to July 15, 2011, with regard to three specific requirements of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, ‘‘Specific exemptions,’’ an exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption. The NRC staff has determined that the long-term benefits that will be realized when the FNP equipment installation is complete justifies extending the full compliance date with regard to the specific requirements of 10 CFR 73.55. The security measures, that SNC needs additional time to implement, are new requirements imposed by the March 27, 2009, amendments to 10 CFR 73.55, and is in addition to those required by the security orders issued in response to the events of September 11, 2001. Therefore, it is concluded that the licensee’s actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption. As per the licensee’s request and the NRC’s regulatory authority to grant an exemption from the March 31, 2010, implementation deadline for the requirement specified in the SNC letters dated September 10 and October 5, 2010, the licensee is required to be in full compliance by July 15, 2011. In achieving compliance, the licensee is reminded that it is responsible for determining the appropriate licensing mechanism (i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of all necessary changes to its security plans. Pursuant to 10 CFR 51.32, ‘‘Finding of no significant impact,’’ the Commission has previously determined that the granting of this exemption will not have a significant effect on the quality of the human environment (75 FR 73135, dated November 29, 2010). VerDate Mar<15>2010 18:39 Dec 06, 2010 Jkt 223001 This exemption is effective upon issuance. Dated at Rockville, Maryland, this 1st day of December 2010. For the Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–30650 Filed 12–6–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–341; NRC–2010–0357] Detroit Edison Company Fermi, Unit 2; Exemption 1.0 Background Detroit Edison Company (DECo) is the licensee and holder of Facility Operating License No. NFP–43 issued for Fermi, Unit 2 (Fermi-2), located in Monroe County, Michigan. The licensee anticipates using rail to ship radioactive waste. From the licensee’s experience with radioactive shipments from the decommissioning of Fermi-1, a permanently shutdown nuclear reactor facility located onsite, rail shipments typically take more than 20 days from the site to receipt acknowledgement from the disposal site. Each shipment with receipt notifications greater than 20 days requires a special investigation and report to the U.S. Nuclear Regulatory Commission (NRC or the Commission) which the licensee believes to be burdensome and unnecessary to meet the intent of the regulation. 2.0 Request/Action In a letter to the Commission dated February 5, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100430349), DECo requested an exemption from the requirements in 10 CFR part 20, appendix G, section III.E, to investigate and file a report to the NRC if shipments of low-level radioactive waste are not acknowledged by the intended recipient within 20 days after transfer to the shipper. This exemption would extend the time period that can elapse during shipments of low-level radioactive waste before DECo is required to investigate and file a report to the NRC from 20 days to 35 days. The exemption would be applicable to rail and truck/rail mixedmode shipments. The exemption request is based on an analysis of the historical data of low-level radioactive waste shipment times from the Fermi-1 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 site to the disposal site. This historical data is further described below and in the Environmental Assessment and Finding of No Significant Impact (75 FR 20867) that was published for the exemption which was granted in May 2010 for Enrico Fermi Atomic Power Plant Unit 1. 3.0 Discussion The proposed action would grant an exemption to extend the 20-day investigation and reporting requirements for shipments of low-level radioactive waste to 35 days. Historical data derived from experience at Fermi-1 indicates that rail transportation time to waste disposal facilities almost always exceeds the 20day reporting requirement. A review of the Fermi-1 data indicates that transportation time for shipments by rail or truck/rail took over 20 days on average. In addition, administrative processes at the disposal facilities and mail delivery times could add several additional days. Pursuant to 10 CFR 20.2301, the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of regulations in 10 CFR part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. There are no provisions in the Atomic Energy Act (or in any other Federal statute) that impose a requirement to investigate and report on low-level radioactive waste shipments that have not been acknowledged by the recipient within 20 days of transfer. Therefore, the Commission concludes that there is no statutory prohibition on the issuance of the requested exemption and the Commission is authorized to grant the exemption by law. The Commission acknowledges that, based on the shipment times to date from the Fermi-1 site to the disposal facility, the need to investigate and report on shipments that take longer than 20 days could result in an excessive administrative burden on the licensee. The Commission finds that the underlying purpose of the Appendix G timing provision at issue is to investigate a late shipment that may be lost, misdirected, or diverted. Furthermore, by extending the elapsed time for receipt acknowledgment to 35 days before requiring investigations and reporting, a reasonable upper limit on shipment duration (based on historical analysis) is still maintained if a breakdown of normal tracking systems were to occur. Consequently, the Commission finds that there is no hazard to life or property by extending E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices the investigation and reporting time for low-level radioactive waste shipments from 20 days to 35 days for rail and truck/rail mixed-mode shipments. Therefore, the Commission concludes that the underlying purpose of 10 CFR part 20, Appendix G, Section III.E will be met. 4.0 Conclusion Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption requested by DECo in its letter dated February 5, 2010, is authorized by law and will not result in undue hazards to life or property. Therefore, the Commission hereby grants DECo an exemption to extend the 20-day investigation and reporting requirements for shipments of low-level radioactive waste, as required by 10 CFR part 20, Appendix G, Section III.E, to 35 days. Pursuant to 10 CFR 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 (FR) notice (75 FR 70707; November 18, 2010). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 24th day of November 2010. For the U.S. Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–30636 Filed 12–6–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Docket No. 50–298; NRC–2008–0617] emcdonald on DSK2BSOYB1PROD with NOTICES Nebraska Public Power District Cooper Nuclear Station; Notice of Issuance of Renewed Facility Operating License No. DPR–46 for an Additional 20-Year Period and Record of Decision Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued renewed facility operating license No. DPR–46 to Nebraska Public Power District (NPPD), the operator of the Cooper Nuclear Station (CNS). Renewed facility operating license No. DPR–46 authorizes operation of CNS at reactor core power levels not in excess of 2419 megawatts thermal (830 megawatts electric), in accordance with the provisions of the CNS renewed license and its technical specifications. VerDate Mar<15>2010 18:39 Dec 06, 2010 Jkt 223001 The notice also serves as the record of decision for the renewal of facility operating license No. DPR–46, consistent with Title 10 of the Code of Federal Regulations 51.103 (10 CFR 51.103). As discussed in the final Supplemental Environmental Impact Statement (FSEIS) for CNS, dated July 2010, the Commission considered a range of reasonable alternatives that included generation from coal, natural gas, combination of alternatives, and the no action alternative. The factors considered in the record decision can be found in the FSEIS for CNS (Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 41). CNS is a BWR located in Nemaha County, Nebraska. The application for the renewed license complied with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. As required by the Act and the Commission’s regulations in 10 CFR Chapter I, the Commission has made appropriate findings, which are set forth in the license. Prior public notice of the action involving the proposed issuance of the renewed license and of an opportunity for a hearing regarding the proposed issuance of the renewed license was published in the Federal Register on December 30, 2008. For further details with respect to this action, see: (1) NPPD’s license renewal application for CNS dated September 24, 2008, as supplemented by letters dated through August 30, 2010; (2) the Commission’s safety evaluation report (NUREG–1944), published in October 2010; (3) the applicant’s updated safety analysis report; and (4) the Commission’s final environmental impact statement (NUREG–1437, Supplement 41), for CNS, published in July 2010. These documents are available at the NRC’s Public Document Room, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, and can be viewed from the NRC Public Electronic Reading Room at http://www.nrc.gov/reading-rm/ adams.html. Copies of Renewed Facility Operating License No. DPR–46, may be obtained by writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Director, Division of License Renewal. Copies of the CNS safety evaluation report (NUREG–1944) and the final environmental impact statement (NUREG–1437, Supplement 41) may be purchased from the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22161 (http://www.ntis.gov), 703–605–6000, or PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 76055 Attention: Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250–7954 (http:// www.gpoaccess.gov), 202–512–1800. All orders should clearly identify the NRC publication number and the requestor’s Government Printing Office deposit account number or VISA or MasterCard number and expiration date. Dated at Rockville, Maryland, this 29th day of November 2010. For the Nuclear Regulatory Commission. Melanie A. Galloway, Deputy Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2010–30647 Filed 12–6–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0002] Sunshine Federal Register Notice Weeks of December 6, 13, 20, 27, 2010, January 3, 10, 2011. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. DATE: Week of December 6, 2010 There are no meetings scheduled for the week of December 6, 2010. Week of December 13, 2010—Tentative Thursday, December 16, 2010 2 p.m. Briefing on Construction Reactor Oversight Program (cROP) (Public Meeting) (Contact: Aida Rivera-Varona, 301–415–4001) This meeting will be webcast live at the Web address—http://www.nrc.gov. Week of December 20, 2010—Tentative Tuesday, December 21, 2010 9:30 a.m. Briefing on the Threat Environment Assessment (Closed— Ex. 1). 1 p.m. Briefing on Security Issues (Closed—Ex. 1). Week of December 27, 2010—Tentative There are no meetings scheduled for the week of December 27, 2010. Week of January 3, 2011—Tentative There are no meetings scheduled for the week of January 3, 2011. Week of January 10, 2011—Tentative There are no meetings scheduled for the week of January 10, 2011. * * * * * The schedule for Commission meetings is subject to change on short E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76054-76055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30636]


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NUCLEAR REGULATORY COMMISSION

 [Docket No. 50-341; NRC-2010-0357]


Detroit Edison Company Fermi, Unit 2; Exemption

1.0 Background

    Detroit Edison Company (DECo) is the licensee and holder of 
Facility Operating License No. NFP-43 issued for Fermi, Unit 2 (Fermi-
2), located in Monroe County, Michigan. The licensee anticipates using 
rail to ship radioactive waste. From the licensee's experience with 
radioactive shipments from the decommissioning of Fermi-1, a 
permanently shutdown nuclear reactor facility located onsite, rail 
shipments typically take more than 20 days from the site to receipt 
acknowledgement from the disposal site. Each shipment with receipt 
notifications greater than 20 days requires a special investigation and 
report to the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) which the licensee believes to be burdensome and 
unnecessary to meet the intent of the regulation.

2.0 Request/Action

    In a letter to the Commission dated February 5, 2010 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML100430349), DECo requested an exemption from the requirements in 10 
CFR part 20, appendix G, section III.E, to investigate and file a 
report to the NRC if shipments of low-level radioactive waste are not 
acknowledged by the intended recipient within 20 days after transfer to 
the shipper. This exemption would extend the time period that can 
elapse during shipments of low-level radioactive waste before DECo is 
required to investigate and file a report to the NRC from 20 days to 35 
days. The exemption would be applicable to rail and truck/rail mixed-
mode shipments. The exemption request is based on an analysis of the 
historical data of low-level radioactive waste shipment times from the 
Fermi-1 site to the disposal site. This historical data is further 
described below and in the Environmental Assessment and Finding of No 
Significant Impact (75 FR 20867) that was published for the exemption 
which was granted in May 2010 for Enrico Fermi Atomic Power Plant Unit 
1.

3.0 Discussion

    The proposed action would grant an exemption to extend the 20-day 
investigation and reporting requirements for shipments of low-level 
radioactive waste to 35 days.
    Historical data derived from experience at Fermi-1 indicates that 
rail transportation time to waste disposal facilities almost always 
exceeds the 20-day reporting requirement. A review of the Fermi-1 data 
indicates that transportation time for shipments by rail or truck/rail 
took over 20 days on average. In addition, administrative processes at 
the disposal facilities and mail delivery times could add several 
additional days.
    Pursuant to 10 CFR 20.2301, the Commission may, upon application by 
a licensee or upon its own initiative, grant an exemption from the 
requirements of regulations in 10 CFR part 20 if it determines the 
exemption is authorized by law and would not result in undue hazard to 
life or property. There are no provisions in the Atomic Energy Act (or 
in any other Federal statute) that impose a requirement to investigate 
and report on low-level radioactive waste shipments that have not been 
acknowledged by the recipient within 20 days of transfer.
    Therefore, the Commission concludes that there is no statutory 
prohibition on the issuance of the requested exemption and the 
Commission is authorized to grant the exemption by law.
    The Commission acknowledges that, based on the shipment times to 
date from the Fermi-1 site to the disposal facility, the need to 
investigate and report on shipments that take longer than 20 days could 
result in an excessive administrative burden on the licensee. The 
Commission finds that the underlying purpose of the Appendix G timing 
provision at issue is to investigate a late shipment that may be lost, 
misdirected, or diverted. Furthermore, by extending the elapsed time 
for receipt acknowledgment to 35 days before requiring investigations 
and reporting, a reasonable upper limit on shipment duration (based on 
historical analysis) is still maintained if a breakdown of normal 
tracking systems were to occur. Consequently, the Commission finds that 
there is no hazard to life or property by extending

[[Page 76055]]

the investigation and reporting time for low-level radioactive waste 
shipments from 20 days to 35 days for rail and truck/rail mixed-mode 
shipments. Therefore, the Commission concludes that the underlying 
purpose of 10 CFR part 20, Appendix G, Section III.E will be met.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
20.2301, the exemption requested by DECo in its letter dated February 
5, 2010, is authorized by law and will not result in undue hazards to 
life or property. Therefore, the Commission hereby grants DECo an 
exemption to extend the 20-day investigation and reporting requirements 
for shipments of low-level radioactive waste, as required by 10 CFR 
part 20, Appendix G, Section III.E, to 35 days.
    Pursuant to 10 CFR 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 (FR) 
notice (75 FR 70707; November 18, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 24th day of November 2010.

    For the U.S. Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2010-30636 Filed 12-6-10; 8:45 am]
BILLING CODE 7590-01-P