ZIONSOLUTIONS, LLC; Zion Nuclear Power Station, Units 1 and 2 Exemption From Recordkeeping Requirements, 39134-39136 [2011-16723]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Notices]
[Pages 39134-39136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16723]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304; NRC-2011-0145]


ZIONSOLUTIONS, LLC; Zion Nuclear Power Station, Units 1 and 2 
Exemption From Recordkeeping Requirements

1.0 Background

    Zion Nuclear Power Station (ZNPS or Zion), Unit 1, is a 
Westinghouse 3250 MWt Pressurized Water Reactor which was granted 
Operating License No. DPR-39 on October 19, 1973, and subsequently shut 
down on February 21, 1997. Zion, Unit 2, is also a Westinghouse 3250 
MWt Pressurized Water Reactor which was granted Operating License No. 
DPR-48 on November 14, 1973, and was shut down on September 19, 1996. 
Zion is located in Lake County, Illinois.
    In February 1998, pursuant to Title 10 of the Code of Federal 
Regulations (10 CFR) 50.82(a)(1)(i), the licensee certified to the U.S. 
Nuclear Regulatory Commission (NRC or the Commission) that as of 
February 13, 1998, operations had ceased at Zion, Units 1 and 2. The 
licensee later certified, pursuant to 10 CFR 50.82(a)(1)(ii), that all 
fuel had been removed from the reactor vessel of both units, and 
committed to maintaining the units in a permanently defueled status. 
Therefore, pursuant to 10 CFR 50.82(a)(2), operations at Zion are no 
longer authorized under the 10 CFR part 50 licenses.
    On September 1, 2010, the facility license was transferred from 
Exelon to ZionSolutions for the express purpose of expediting the 
decommissioning of the site. ZionSolutions intends to use a process 
that will reduce the labor-intensive separation of contaminated 
materials and transport the facility in bulk to the EnergySolutions 
disposal site in Utah. Preparations for decontamination and 
dismantlement have begun. Completion of fuel transfer to the 
independent spent fuel storage installation (ISFSI) is scheduled for 
2014. Final site survey and license reduction to the ISFSI is currently 
planned for 2020.

2.0 Request/Action

    By letter dated February 28, 2011, as supplemented on April 5, 
2011, ZionSolutions filed a request for NRC approval of an exemption 
from the record keeping requirements of 10 CFR 50.71(c); 10 CFR part 
50, Appendix A Criterion 1; 10 CFR part 50, Appendix B Criterion XVII; 
and 10 CFR 50.59(d)(3).
    ZionSolutions requested a permanent exemption from the record 
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'' 10 CFR part 50; and (4) 10 CFR 50.71(c) which 
requires certain records to be maintained consistent with various 
elements of the NRC regulations, facility technical specifications and 
other licensing bases documents. The licensee is proposing to eliminate 
the records when: (1) The licensing basis requirements previously 
applicable to the nuclear power units and associated systems, 
structures, and components (SSC) are no longer effective (e.g., removed 
from the Defueled Safety Analysis Report and/or Technical 
Specifications by appropriate change mechanisms); or (2) for SSCs 
associated with safe storage of fuel in the spent fuel pool (SFP), when 
spent nuclear fuel has been completely transferred from the SFP to dry 
storage, and the spent fuel building is ready for demolition and the 
associated licensing bases are no longer effective.
    The licensee did not request an exemption associated with any 
record keeping requirements for storage of spent fuel at its future 
ISFSI under 10 CFR part 50 or the general license requirements of 10 
CFR part 72.

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.
    Decommissioning of the ZNPS has begun and the nuclear reactor and 
essentially all associated SSCs in the nuclear steam supply system and 
balance of plant that supported the generation of power have been 
retired in place and are being prepared for removal. The SSCs that 
remain operable are associated with the SFP and the spent fuel 
building, needed to meet other regulatory requirements, or needed to 
support other site facilities (e.g., radwaste handling, heating 
ventilation and air conditioning, etc).

[[Page 39135]]

No remaining SSCs are classified as safety related. The SSCs related to 
safe storage of nuclear fuel are designated as Important to the 
Defueled Condition by the current licensing basis.
    ZionSolutions' dismantlement plans involve evaluating SSCs with 
respect to the current facility safety analysis; progressively removing 
them from the licensing basis where necessary through appropriate 
change mechanisms (e.g., 10 CFR 50.59 or NRC-approved Technical 
Specification changes, as applicable); revising the Defueled Safety 
Analysis Report if and as necessary; and then proceeding with an 
orderly dismantlement. Dismantlement of the plant structures will also 
include dismantling existing records storage facilities.
    While ZionSolutions intends to retain the records required by its 
license as the project transitions from the current plant conditions to 
fully dismantled with the fuel in dry storage, plant dismantlement will 
obviate the regulatory and business needs for maintenance of most 
records. As the SSCs are removed from the licensing basis and the need 
for their records is, on a practical basis, eliminated, the licensee 
proposes that they be exempted from the records retention requirements 
for SSCs and historical activities that are no longer relevant 
eliminating the associated, unnecessary regulatory and economic burdens 
of creating alternative storage locations, relocating and retaining 
records for them.
    All records necessary for spent fuel and spent fuel storage SSCs 
and activities have been, and will continue to be, retained for the SFP 
throughout its functional life. Similar to other plant records, once 
the SFP is emptied of fuel, drained and ready for demolition, there 
will be no safety-significant function or other regulatory need for 
retaining SFP related records. Also, similar to the power generation 
``footprint'', the SFP SSC's ``footprint'' remains under the 
radiological controls provided by the Defueled Safety Analysis Report, 
Quality Assurance Project Plan, Physical Security Plan, and other 
programmatic elements as appropriate through final dismantlement.

Specific Exemption is Authorized by Law

    Paragraph 50.71(d)(2) allows for the granting of specific 
exemptions to the record retention requirements specified in the 
regulations. Paragraph 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.''
    If the specific exemption requirements of 10 CFR 50.12 are 
satisfied, the exemption from the record keeping 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. The specific exemption 
requirements of 10 CFR 50.12 are discussed below.

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

    Removal of the underlying SSCs associated with the records has been 
or will be determined by the licensee to have no adverse public health 
and safety impact, in accordance with 10 CFR 50.59 or an NRC approved 
license amendment. Elimination of records for these removed SSCs can 
have no additional impact.
    The partial exemption from the record keeping 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 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 
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 elimination of the recordkeeping requirements is administrative 
in nature and does not involve information or activities that could 
potentially impact the common defense and security of the United 
States. Upon dismantlement of the affected SSCs, the records have no 
functional purpose relative to maintaining the safe operation of the 
SSCs nor to maintaining conditions that would affect the ongoing health 
and safety of workers or the public.
    Rather, the exemption requested is administrative in nature and 
would merely advance the current schedule for destruction of the 
specified records. 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 
records described above is consistent with the common defense and 
security.

Special Circumstances

    Paragraph 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.''
    Appendix A of 10 CFR 50, Criterion 1, states in part: ``Appropriate 
records of the design, fabrication, erection, and testing of 
structures, systems, and components important to safety shall be 
maintained by or under the control of the nuclear power unit licensee 
throughout the life of the unit.''
    Appendix B of 10 CFR 50, Criterion XVII, states in part: 
``Sufficient records shall be maintained to furnish evidence of 
activities affecting quality.''
    Paragraph 50.59(d)(3) states in part: ``The records of changes in 
the facility must be maintained until the termination of an operating 
license issued under this part * * *''
    Paragraph 50.71(c), states in part: ``Records that are required by 
the regulations in this part or Part 52 of this chapter, by license 
condition, or by technical specifications must be retained for the 
period specified by the appropriate regulation, license condition, or 
technical specification. If a retention period is not otherwise 
specified, these records must be retained until the Commission 
terminates the facility license * * *''
    The common and underlying purpose for the records related 
regulations cited above is to ensure that the licensing and design 
basis of the facility is understood, documented, preserved and 
retrievable relative to establishing and maintaining the SSC's safety 
functions for the life of the facility. These regulations, however, do 
not consider the reduction in safety related SSCs during the 
decommissioning process. Removal of the SSCs from the licensing basis 
has been, or will be, evaluated by the licensee in accordance with 10 
CFR 50.59 or NRC-approved license amendment, to have no adverse public 
health and safety impact prior to elimination of any records. 
Ultimately the SSCs will be physically removed from the facility. 
Elimination of associated records for these SSCs can have no additional 
impact. Retention of records associated with SSCs that are or will no 
longer be part of the facility serves no safety or regulatory purpose. 
Therefore, application of these record requirements in those 
circumstances

[[Page 39136]]

does not serve the underlying purpose of the regulations.
    Based on the above, the application of the subject record keeping 
requirements to the ZNPS' 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

    Section 50.12 allows the Commission to grant specific exemptions to 
the record retention requirements specified in 10 CFR part 50 provided 
the requirements of 10 CFR 50.12 are satisfied.
    The staff has determined that the requested partial exemption from 
the record keeping 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) will not 
present an undue risk to the public health and safety. The destruction 
of the identified 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 
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 record keeping 
regulations is to ensure that the licensing and design basis of the 
facility is understood, documented, preserved and retrievable relative 
to establishing and maintaining the SSC's safety functions for the life 
of the facility. Since the ZNPS' SSCs that were safety-related or 
important-to-safety will be removed from the licensing basis and 
removed from the plant, the staff agrees that the records identified in 
the partial exemption will no longer be required to achieve the 
underlying purpose of the rule.
    Therefore, the Commission grants ZionSolutions the requested 
partial exemption to the record keeping 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 28, 2011, letter as 
supplemented on April 5, 2011.
    The Commission has determined that this licensing action meets the 
categorical exclusion provision in 10 CFR part 51.22(c)(25), as this 
action is an exemption from the requirements of the Commission's 
regulations, and (i) there is no significant hazards consideration; 
(ii) there is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite; 
(iii) there is no significant increase in individual or cumulative 
public or occupational radiation exposure; (iv) there is no significant 
construction impact; (v) there is no significant increase in the 
potential for or consequences from radiological accidents; and (vi) the 
requirements from which an exemption is sought involve recordkeeping 
requirements. Therefore, this action does not require either an 
environmental assessment or an environmental impact statement.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 22nd day of June 2011.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2011-16723 Filed 7-1-11; 8:45 am]
BILLING CODE 7590-01-P