ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2; Exemption From Certain Security Requirements, 72007-72008 [2011-29983]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 72007-72008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29983]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304; NRC-2011-0244]


ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2; 
Exemption From Certain Security 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 maintain 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

    Section 50.54(p)(1) of Title 10 of the Code of Federal Regulations 
states, ``The licensee shall prepare and maintain safeguards 
contingency plan procedures in accordance with Appendix C of Part 73 of 
this chapter for affecting the actions and decisions contained in the 
Responsibility Matrix of the safeguards contingency plan.''
    Part 73 of Title 10 of the Code of Federal Regulations, ``Physical 
Protection of Plant and Materials,'' provides, ``This part prescribes 
requirements for the establishment and maintenance of a physical 
protection system which will have capabilities for the protection of 
special nuclear material at fixed sites and in transit and of plants in 
which special nuclear material is used.'' In Section 73.55, entitled 
``Requirements for physical protection of licensed activities in 
nuclear power reactors against radiological sabotage,'' paragraph 
(b)(1) states, ``The licensee shall establish and maintain a physical 
protection program, to include a security organization, which will have 
as its objective to provide high assurance that activities involving 
special nuclear material are not inimical to the common defense and 
security and do not constitute an unreasonable risk to the public 
health and safety.''
    The NRC revised 10 CFR 73.55, in part to include the preceding 
language, through the issuance of a final rule on March 27, 2009. The 
revised regulation stated that it was applicable to all Part 50 
licensees. The NRC became aware that many Part 50 licensees with 
facilities in decommissioning status did not recognize the 
applicability of this regulation to their facility. Accordingly, the 
NRC informed licensees with facilities in decommissioning status and 
other stakeholders that the requirements of 10 CFR 73.55 were 
applicable to all Part 50 licensees. By letter dated August 2, 2010, 
the NRC informed ZionSolutions of the applicability of the revised rule 
and that it would have to comply with the revised rule or request an 
exemption.
    By letter dated December 2, 2010, ZionSolutions responded to the 
NRC's letter and requested exemptions from

[[Page 72008]]

certain security requirements in 10 CFR Part 73.

3.0 Discussion

    Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission 
may grant exemptions from the regulations in this part as it determines 
are authorized by law and will not endanger life or property or the 
common defense and security, and are otherwise in the public interest.
    The NRC evaluated the proposed exemptions and documented the review 
in a Safety Evaluation which contains security related information and 
has been withheld from public disclosure pursuant to 10 CFR 2.390(d)(1)
    On the basis of Commission policy, NRC security orders, and ongoing 
staff activities, the Commission determined the following requested 
exemptions to the current 10 CFR 73.55 are approved: Target Sets, 
Insider Mitigation Program, Waterway Approaches, Owner Controlled Areas 
Searches, PA Searches, Weapons Training, and Personnel Equipment.
    These exemptions meet the high assurance requirements and the 
general performance objectives of 10 CFR 73.55 considering the 
permanently shut down and defueled conditions at the ZNPS where all of 
the nuclear fuel is located within the spent fuel pool. With respect to 
the proposed exemption requests: (1) There is reasonable assurance that 
the health and safety of the public will not be endangered by granting 
said exemptions; (2) such activities will be conducted in compliance 
with the Commission's regulations and orders; and (3) the approval of 
these exemptions will not be inimical to the common defense and 
security or the health and safety of the public. Accordingly, the staff 
has determined that, pursuant to 10 CFR 73.5, these exemptions are 
authorized by law and are otherwise in the public interest.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
73.5, an exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest based on permanently shut down and defueled conditions 
at the ZNPS. Therefore, the Commission hereby grants ZionSolutions an 
exemption from the requirements of 10 CFR part 73 delineated in 
Sec. Sec.  73.55(b)(4), 73.55(f), 73.55(i)(5)(vi), 73.55(b)(9), 
73.55(e)(10)(ii), 73.55(h)(2), 73.55(h)(3)(i), and Appendixes B.III and 
B.V.
    Part of this licensing action meets the categorical exclusion 
provision in 10 CFR Part 51.22(c)(25), as part of 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 safeguard plans. Therefore, 
this part of the action does not require either an environmental 
assessment or an environmental impact statement.
    Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental 
assessment and finding of no significant impact related to part of this 
exemption was published in the Federal Register on October 21, 2011 (76 
FR 65541). Based upon the environmental assessment, the Commission has 
determined that issuance of this exemption will not have a significant 
effect on the quality of the human environment.
    These exemptions are effective immediately.

    Dated at Rockville, Maryland, this 10th day of November 2011.
    For the U.S. 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. 2011-29983 Filed 11-18-11; 8:45 am]
BILLING CODE 7590-01-P