Detroit Edison Company Fermi, Unit 2; Exemption, 76054-76055 [2010-30636]
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76054
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
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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
https://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
(https://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 (https://
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—https://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]
-----------------------------------------------------------------------
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