Dairyland Power Cooperative; La Crosse Boiling Water Reactor Exemption From Certain Security Requirements, 38338-38339 [2012-15676]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38338-38339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15676]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-409; NRC-2012-0151]


Dairyland Power Cooperative; La Crosse Boiling Water Reactor 
Exemption From Certain Security Requirements

1.0 Background

    The La Crosse Boiling Water Reactor (LACBWR) is owned and was 
operated by the Dairyland Power Cooperative (DPC). The LACBWR was a 
nuclear power plant of nominal 50 Mw electrical output, which utilized 
a forced-circulation, direct-cycle boiling water reactor as its heat 
source. The plant is located on the east bank of the Mississippi River 
in Vernon County, Wisconsin. The plant was one of a series of 
demonstration plants funded, in part, by the U.S. Atomic Energy 
Commission (AEC). The nuclear steam supply system and its auxiliaries 
were funded by the AEC, and the balance of the plant was funded by the 
DPC. The Allis-Chalmers Company was the original licensee; the AEC 
later sold the plant to the DPC and provided them with a provisional 
operating license.
    The LACBWR was permanently shut down on April 30, 1987, and reactor 
defueling was completed on June 11, 1987. Pursuant to Title 10 of the 
Code of Federal Regulations (10 CFR) 50.82, the decommissioning plan 
was approved August 7, 1991. The decommissioning plan serves as the 
post-shutdown decommissioning activities report (PSDAR). The DPC has 
been conducting dismantlement and decommissioning activities. The DPC 
is developing an onsite independent spent fuel storage installation 
(ISFSI) and plans to move spent fuel to the ISFSI later in 2012.

2.0 Request/Action

    Part 73, ``Physical Protection of Plant and Materials,'' provides 
in part, ``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 10 CFR 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 U.S. Nuclear Regulatory Commission (NRC or the Commission) 
revised 10 CFR 73.55, in part to include the preceding language, 
through the issuance of a final rule on March 27, 2009 (74 FR 13926). 
The revised regulation stated that it was applicable to all Part 50 
licensees.
    By letter dated February 23, 2011, the DPC submitted a revised 
LACBWR Physical Security Plan (PSP) that included changes to comply 
with 10 CFR 73.55 and to implement the ISFSI requirements for the 
planned transfer of spent fuel to dry cask storage. Additionally, by 
letter dated February 23, 2011, the DPC submitted a request for 
exemptions from the requirements in the following sections contained in 
10 CFR 73.55: 73.55(b)(6), 73.55(b)(7), 73.55(b)(8), 
73.55(b)(9)(ii)(A), 73.55(b)(9)(ii)(B), 73.55(b)(9)(ii)(C), 
73.55(c)(c)(1)(i), 73.55(c)(2), 73.55(c)(4), 73.55(c)(6), 
73.55(d)(3)(i), 73.55(e)(1)(i), 73.55(e)(10), 73.55(g)(2)(iii), 
73.55(g)(7)(ii), 73.55(g)(8)(iii), 73.55(i)(1), 73.55(i)(2), 
73.55(i)(4)(i), 73.55(i)(4)(ii)(A), 73.55(k)(5)(i)&(ii), 
73.55(k)(5)(iii), and 73.55(k)(6)(i), for the LACBWR ISFSI.

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.

[[Page 38339]]

    The NRC evaluated the exemption requests submitted by the DPC and 
determined that the DPC should be granted exemptions from: 10 CFR 
73.55(e)(10) requirement for vehicle control measures to be consistent 
with the physical protection program design requirements of 10 CFR 
73.55(b); 10 CFR 73.55(h)(2)(iii) requirement to have two officers 
physically present during vehicle searches; 10 CFR 73.55(i)(2) 
requirement to have intrusion detection equipment that annunciates and 
video assessment equipment that displays concurrently in at least two 
continuously staffed onsite alarm stations; 10 CFR 73.55(i)(4)(ii)(A) 
requirement to maintain and locate the central alarm station inside a 
protected area; 10 CFR 73.55(k)(5)(i); 10 CFR 73.55(i)(4)(ii); 10 CFR 
73.55(k)(5)(ii); 10 CFR 73.55(k)(5)(iii); and 10 CFR 73.55(k)(6)(i). 
The remaining exemptions requested were determined either to be 
inapplicable to the facility or are being met by the licensee's current 
PSP, therefore, your request for exemptions from 10 CFR 73.55(b)(6), 
73.55(b)(7), 73.55(b)(9)(ii)(A), 73.55(c)(2), 73.55(c)(4), 
73.55(d)(3)(i), 73.55(e)(1)(i), 73.55(g)(2)(iii), 73.55(g)(7)(ii), 
73.55(g)(8)(iii), 73.55(i)(1), 73.55(b)(8), 73.55(b)(9)(ii)(B), 
73.55(b)(9)(ii)(C), 73.55(c)(1)(i), and 73.55(c)(6) were denied. 
Additional information regarding the NRC staff evaluation is documented 
in a Safety Evaluation Report that contains Safeguards Information and 
is being withheld from public disclosure in accordance with 10 CFR 
2.390.
    In considering these exemption requests, the NRC staff reviewed the 
LACBWR ISFSI PSP for compliance with all applicable regulations and NRC 
Orders. Based upon its review, the NRC staff determined that current 
barriers and actions implemented under the LACBWR ISFSI PSP satisfy the 
requirements of 10 CFR 73.55, and that granting the above exemptions 
will not result in a violation of the Atomic Energy Act of 1954, as 
amended, or the Commission's regulations. Therefore, the exemptions are 
authorized by law.
    The purpose of the regulations in 10 CFR 73.55 is to establish and 
maintain a physical protection system designed to protect against 
radiological sabotage. The NRC staff determined that the NRC approved 
measures currently employed by the LACBWR in its ISFSI PSP are 
appropriate for the reduced radiological risk to the public from the 
ISFSI and are consistent with the general performance standards in 10 
CFR 73.55(b). Therefore, the NRC staff concludes that granting the 
above exemptions do not pose an increased risk to public health and 
safety and are not inimical to the common defense and security and will 
not endanger life or property or the common defense and security.
    As discussed above, the purpose of 10 CFR 73.55 is to protect 
against radiological sabotage. The NRC staff determined granting the 
DPC an exemption from the specified requirements of 10 CFR 73.55 would 
not reduce the level of security required at the LACBWR ISFSI to an 
unacceptable level, and will not result in increased radiological risk 
to the public from operation of this general licensed, standalone 
ISFSI. Accordingly, the NRC 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, for the exemptions granted, the Commission has 
determined that, pursuant to 10 CFR 73.5, the exemptions are authorized 
by law, will not endanger life or property or the common defense and 
security, and are otherwise in the public interest. Therefore, the 
Commission hereby grants the DPC exemptions from the requirements in 10 
CFR 73.55 specified in sections 73.55(e)(10), 73.55(h)(2)(iii), 
73.55(i)(2), 73.55(i)(4)(ii), 73.55(i)(4)(ii)(A), 73.55(k)(5)(i), 
73.55(k)(5)(ii), 73.55(k)(5)(iii), and 73.55(k)(6)(i) as detailed in 
our safety evaluation.
    This licensing action meets the categorical exclusion provision in 
10 CFR 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 action 
does not require either an environmental assessment or an environmental 
impact statement.

    These exemptions are effective immediately.

    Dated at Rockville, Maryland, this 18th day of June 2012.

    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. 2012-15676 Filed 6-26-12; 8:45 am]
BILLING CODE 7590-01-P