Dairyland Power Cooperative, La Crosse Boiling Water Reactor Exemption From Certain Security Requirements, 38339-38341 [2012-15677]
Download as PDF
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
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
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
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.
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
38339
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
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–409; NRC–2012–0102]
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 shutdown on April 30, 1987, and reactor
defueling was completed on June 11,
1987. The decommissioning plan was
approved August 7, 1991. The
decommissioning plan is considered in
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 in
April 2012.
2.0 Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) Part 73, ‘‘Physical
Protection of Plants 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
E:\FR\FM\27JNN1.SGM
27JNN1
srobinson on DSK4SPTVN1PROD with NOTICES
38340
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
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 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. The NRC
became aware that many Part 50
licensees with facilities in
decommissioning status did not
recognize the applicability of this
regulation to their facilities.
Accordingly, the NRC informed
licensees with facilities in
decommissioning status and other
stakeholders that the requirements of
10 CFR 73.55 are applicable to all Part
50 licensees. By letter dated August 2,
2010, the NRC discussed the
applicability of the revised rule and
stated that licensees need to evaluate
the applicability of the regulation to its
facility and either make appropriate
changes to its Physical Security Plan, or
request an exemption.
By letter dated December 1, 2010, the
DPC responded to the NRC’s letter and
requested exemptions from the
following security requirements in 10
CFR Part 73: 10 CFR 73.55(a)(1), 10 CFR
73.55(b)(2), 10 CFR 73.55(b)(3)(i), 10
CFR 73.55 (b)(6), 10 CFR 73.55(b)(7),
10 CFR 73.55(b)(8), 10 CFR
73.55(b)(9)(ii)(A), 10 CFR
73.55(b)(9)(ii)(B), 10 CFR
73.55(b)(9)(ii)(C), 10 CFR 73.55(c)(2),
10 CFR 73.55 (c)(4), 10 CFR 73.55(c)(6),
10 CFR 73.55(d)(3)(i), 10 CFR 73.55(e),
10 CFR 73.55(e)(1)(i), 10 CFR
73.55(e)(5), 10 CFR 73.55(e)(10), 10 CFR
73.55(g)(2)(iii), 10 CFR 73.55(g)(7)(ii), 10
CFR 73.55(g)(8)(iii), 10 CFR 73.55(i)(1),
10 CFR 73.55(i)(2),
10 CFR 73.55(i)(4)(i), 10 CFR
73.55(i)(4)(ii), 10 CFR 73.55(i)(5)(ii), 10
CFR 73.55 (k)(1), 10 CFR 73.55 (k)(3), 10
CFR 73.55 (k)(5)(i), 10 CFR 73.55
(k)(5)(ii), 10 CFR 73.55 (k)(5)(iii), 10
CFR 73.55 (k)(6)(i), and 10 CFR 73.55
(k)(8). The DPC stated that its intent for
submitting this exemption request was
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
to continue to follow its NRC-approved
Physical Security Plan (PSP).
3.0 Discussion
Pursuant to 10 CFR 73.5, ‘‘Specific
exemptions,’’ the Commission may
grant exemptions from the regulations
in part 73 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 staff reviewed the licensee’s
request and determined that exemptions
should be granted from the following
requirements: (1) 10 CFR 73.55(b)(3)(i)
requirement that the physical protection
program have capabilities to interdict
and neutralize threats; the 10 CFR
73.55(b)(3)(i) requirement that the
physical protection program has
capabilities to assess and detect
continues to apply; (2) 10 CFR
73.55(b)(6) requirement to demonstrate
and assess effectiveness of the local law
enforcement agency (LLEA) who serves
as armed responders; the 10 CFR
73.55(b)(6) requirement to establish,
maintain, and implement a performance
evaluation program in accordance with
Appendix B of part 73 to demonstrate
and assess the effectiveness of armed
responders and armed security officers
to implement the licensee’s protective
strategy continues to apply to licensee
personnel; (3) 10 CFR 73.55(a)(1)
requirement to implement 10 CFR 73.55
requirements by March 31, 2010;
(4) 10 CFR 73.55(i)(5)(ii) requirement to
provide continuous surveillance,
observation, and monitoring of the
Owner Controlled Area (OCA) as
described in the security plans to detect
and deter intruders and ensure the
integrity of physical barriers or other
components and functions of the onsite
physical protection program; (5) 10 CFR
73.55(b)(9)(ii)(A), requirement that the
insider mitigation program contain
elements from the access authorization
program described in 10 CFR 73.56; and
(6) 10 CFR 73.55(k)(6)(i) requirement
that armed officers, designated to
strengthen onsite response capabilities,
be onsite and available at all times to
carry out their assigned response duties.
Based on an evaluation of the
licensee’s request and consideration of
the reduced radiological risk to the
public from an ISFSI at a permanently
shut down and defueled reactor where
all of the nuclear fuel is located within
the spent fuel pool, NRC staff
determined granting of these exemption
will not inhibit the LACBWR security
program from continuing to meet the
general performance objectives of 10
CFR 73.55. In addition, the NRC staff
determined that (1) there is reasonable
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
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 NRC staff has
determined that, pursuant to 10 CFR
73.5, these exemptions are authorized
by law and are otherwise in the public
interest.
The NRC is denying the remainder of
the DPC’s exemption requests because
(1) the NRC staff determined that the
regulations are not applicable to this
facility or (2) the DPC stated its intent
for submitting the request was to
continue to follow its NRC-approved
PSP, and the NRC staff determined that
the NRC-approved PSP complies with
the requirement from which the DPC
requested an exemption. Additional
information regarding the NRC staff
evaluation is documented in a Safety
Evaluation Report that contains
Sensitive Unclassified Non-Safeguards
Information and is being withheld from
public inspection in accordance with 10
CFR 2.390.
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 LACBWR.
Therefore, the Commission hereby
grants the Dairyland Power Cooperative
an exemption from the following
requirements: 10 CFR 73.55(a)(1)
requirement to implement the revised
rule by March 31, 2010; 10 CFR
73.55(b)(3)(i) requirement to interdict
and neutralize threats; 10 CFR
73.55(b)(6) requirement to demonstrate
and assess effectiveness of LLEA who
serve as armed responders; 10 CFR
73.55(b)(9)(ii)(A); 10 CFR 73.55(i)(5)(ii);
and 10 CFR 73.55(k)(6)(i). As per the
licensee’s request and consistent with
the NRC’s regulatory authority to grant
exemptions, the date for the DPC to
implement the 10 CFR 73.55
requirements shall correspond with
issuance of this exemption.
Part of this licensing action meets the
categorical exclusion provision in 10
CFR 51.22(c)(25)(vi)(F), because it 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
E:\FR\FM\27JNN1.SGM
27JNN1
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
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 the exemption from the
implementation date requirement in 10
CFR 73.55(a)(1) was published in the
Federal Register on May 8, 2012 (77 FR
27097). 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 upon
issuance.
Dated at Rockville, Maryland, this 19th day
of June 2012.
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. 2012–15677 Filed 6–26–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards; Notice of Meeting
In accordance with the purposes of
Sections 29 and 182b of the Atomic
Energy Act (42 U.S.C. 2039, 2232b), the
Advisory Committee on Reactor
Safeguards (ACRS) will hold a meeting
on July 11–13, 2012, 11545 Rockville
Pike, Rockville, Maryland.
srobinson on DSK4SPTVN1PROD with NOTICES
Wednesday, July 11, 2012, Conference
Room T2–B1, 11545 Rockville Pike,
Rockville, Maryland
8:30 a.m.–8:35 a.m.: Opening
Remarks by the ACRS Chairman
(Open)—The ACRS Chairman will make
opening remarks regarding the conduct
of the meeting.
8:35 a.m.–10:00 a.m.: Development of
Interim Staff Guidances (ISGs)
Supporting the Near-Term Task Force
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
(NTTF) Tier 1 Orders (Open)—The
Committee will hear presentations by
and hold discussions with
representatives of the NRC staff
regarding the development of ISGs
supporting the three Orders (EA–12–
049, –50. and –051) issued on March 12,
2012 addressing some of the NTTF Tier
1 recommendations.
10:15 a.m.–11:45 a.m.: NUREG–1934,
‘‘Nuclear Power Plant Fire Modeling
Analysis Guidelines’’ (Open)—The
Committee will hear presentations by
and hold discussions with
representatives of the NRC staff, their
contractors, and EPRI regarding the
development of NUREG–1934, ‘‘Nuclear
Power Plant Fire Modeling Analysis
Guidelines.’’
12:45 p.m.–2:45 p.m.: St. Lucie Unit 2
Extended Power Uprate Application
(Open/Closed)—The Committee will
hear presentations by and hold
discussions with representatives of the
NRC staff and the Florida Power & Light
Company regarding the St. Lucie Unit 2
Extended Power Uprate Application.
[Note: A portion of this session may be
closed in order to discuss and protect
information designated as proprietary,
pursuant to 5 U.S.C. 552b(c)(4)]
3:00 p.m.–4:30 p.m.: Technical Basis
for Regulating Extended Storage and
Transportation of Spent Nuclear Fuel
(Open)—The Committee will hear
presentations by and hold discussions
with representatives of the NRC staff
regarding the technical basis for
regulating extended storage and
transportation of spent nuclear fuel.
4:45 p.m.–7:00 p.m.: Preparation of
ACRS Reports (Open/Closed)—The
Committee will discuss proposed ACRS
reports on matters discussed during this
meeting. [Note: A portion of this session
may be closed in order to discuss and
protect information designated as
proprietary, pursuant to 5 U.S.C.
552b(c)(4)]
Thursday, July 12, 2012, Conference
Room T2–B1, 11545 Rockville Pike,
Rockville, Maryland
8:35 a.m.–10:00 a.m.: Future ACRS
Activities/Report of the Planning and
Procedures Subcommittee (Open/
Closed)—The Committee will discuss
the recommendations of the Planning
and Procedures Subcommittee regarding
items proposed for consideration by the
Full Committee during future ACRS
Meetings, and matters related to the
conduct of ACRS business, including
anticipated workload and member
assignments. [Note: A portion of this
meeting may be closed pursuant to 5
U.S.C. 552b(c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to internal personnel
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
38341
rules and practices of ACRS, and
information the release of which would
constitute a clearly unwarranted
invasion of personal privacy.]
10:00 a.m.–10:15 a.m.: Reconciliation
of ACRS Comments and
Recommendations (Open)—The
Committee will discuss the responses
from the NRC Executive Director for
Operations to comments and
recommendations included in recent
ACRS reports and letters.
11:00 a.m.–12:00 p.m.: Assessment of
the Quality of Selected NRC Research
Projects (Open)—Discussions with
members of the ACRS panels
performing the quality assessment of the
following NRC research projects: (1)
NUREG–1953, ‘‘Confirmatory ThermalHydraulic Analysis to Support Specific
Success Criteria in the Standardized
Plant Analysis Risk Models-Surry and
Peach Bottom,’’ and (2) NUREG/CR–
7040, ‘‘Evaluation of JNES Equipment
Fragility Tests for Use in Seismic
Probabilistic Risk Assessments for U.S.
Nuclear Power Plants’’
1:00 p.m.–7:00 p.m.: Preparation of
ACRS Reports (Open)—The Committee
will discuss proposed ACRS reports on
matters discussed during this meeting.
[Note: A portion of this session may be
closed in order to discuss and protect
information designated as proprietary,
pursuant to 5 U.S.C. 552b(c)(4)]
Friday, July 13, 2012, Conference Room
T2–B1, 11545 Rockville Pike, Rockville,
Maryland
8:30 a.m.–4:30 p.m.: Preparation of
ACRS Reports (Open/Closed)—The
Committee will continue its discussion
of proposed ACRS reports. [Note: A
portion of this session may be closed in
order to discuss and protect information
designated as proprietary, pursuant to
5 U.S.C. 552b(c)(4)]
4:30 p.m.–5:00 p.m.: Miscellaneous
(Open)—The Committee will continue
its discussion related to the conduct of
Committee activities and specific issues
that were not completed during
previous meetings.
Procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 17, 2011, (76 FR 64126–64127).
In accordance with those procedures,
oral or written views may be presented
by members of the public, including
representatives of the nuclear industry.
Persons desiring to make oral statements
should notify Antonio Dias, Cognizant
ACRS Staff (Telephone: 301–415–6805,
Email: Antonio.Dias@nrc.gov), five days
before the meeting, if possible, so that
appropriate arrangements can be made
to allow necessary time during the
meeting for such statements. In view of
E:\FR\FM\27JNN1.SGM
27JNN1
Agencies
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38339-38341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15677]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-409; NRC-2012-0102]
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. The decommissioning plan was
approved August 7, 1991. The decommissioning plan is considered in 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 in April 2012.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) Part 73,
``Physical Protection of Plants 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
[[Page 38340]]
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 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. The NRC became aware that many Part 50 licensees with
facilities in decommissioning status did not recognize the
applicability of this regulation to their facilities. Accordingly, the
NRC informed licensees with facilities in decommissioning status and
other stakeholders that the requirements of 10 CFR 73.55 are applicable
to all Part 50 licensees. By letter dated August 2, 2010, the NRC
discussed the applicability of the revised rule and stated that
licensees need to evaluate the applicability of the regulation to its
facility and either make appropriate changes to its Physical Security
Plan, or request an exemption.
By letter dated December 1, 2010, the DPC responded to the NRC's
letter and requested exemptions from the following security
requirements in 10 CFR Part 73: 10 CFR 73.55(a)(1), 10 CFR 73.55(b)(2),
10 CFR 73.55(b)(3)(i), 10 CFR 73.55 (b)(6), 10 CFR 73.55(b)(7), 10 CFR
73.55(b)(8), 10 CFR 73.55(b)(9)(ii)(A), 10 CFR 73.55(b)(9)(ii)(B), 10
CFR 73.55(b)(9)(ii)(C), 10 CFR 73.55(c)(2), 10 CFR 73.55 (c)(4), 10 CFR
73.55(c)(6), 10 CFR 73.55(d)(3)(i), 10 CFR 73.55(e), 10 CFR
73.55(e)(1)(i), 10 CFR 73.55(e)(5), 10 CFR 73.55(e)(10), 10 CFR
73.55(g)(2)(iii), 10 CFR 73.55(g)(7)(ii), 10 CFR 73.55(g)(8)(iii), 10
CFR 73.55(i)(1), 10 CFR 73.55(i)(2), 10 CFR 73.55(i)(4)(i), 10 CFR
73.55(i)(4)(ii), 10 CFR 73.55(i)(5)(ii), 10 CFR 73.55 (k)(1), 10 CFR
73.55 (k)(3), 10 CFR 73.55 (k)(5)(i), 10 CFR 73.55 (k)(5)(ii), 10 CFR
73.55 (k)(5)(iii), 10 CFR 73.55 (k)(6)(i), and 10 CFR 73.55 (k)(8). The
DPC stated that its intent for submitting this exemption request was to
continue to follow its NRC-approved Physical Security Plan (PSP).
3.0 Discussion
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission
may grant exemptions from the regulations in part 73 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 staff reviewed the licensee's request and determined that
exemptions should be granted from the following requirements: (1) 10
CFR 73.55(b)(3)(i) requirement that the physical protection program
have capabilities to interdict and neutralize threats; the 10 CFR
73.55(b)(3)(i) requirement that the physical protection program has
capabilities to assess and detect continues to apply; (2) 10 CFR
73.55(b)(6) requirement to demonstrate and assess effectiveness of the
local law enforcement agency (LLEA) who serves as armed responders; the
10 CFR 73.55(b)(6) requirement to establish, maintain, and implement a
performance evaluation program in accordance with Appendix B of part 73
to demonstrate and assess the effectiveness of armed responders and
armed security officers to implement the licensee's protective strategy
continues to apply to licensee personnel; (3) 10 CFR 73.55(a)(1)
requirement to implement 10 CFR 73.55 requirements by March 31, 2010;
(4) 10 CFR 73.55(i)(5)(ii) requirement to provide continuous
surveillance, observation, and monitoring of the Owner Controlled Area
(OCA) as described in the security plans to detect and deter intruders
and ensure the integrity of physical barriers or other components and
functions of the onsite physical protection program; (5) 10 CFR
73.55(b)(9)(ii)(A), requirement that the insider mitigation program
contain elements from the access authorization program described in 10
CFR 73.56; and (6) 10 CFR 73.55(k)(6)(i) requirement that armed
officers, designated to strengthen onsite response capabilities, be
onsite and available at all times to carry out their assigned response
duties.
Based on an evaluation of the licensee's request and consideration
of the reduced radiological risk to the public from an ISFSI at a
permanently shut down and defueled reactor where all of the nuclear
fuel is located within the spent fuel pool, NRC staff determined
granting of these exemption will not inhibit the LACBWR security
program from continuing to meet the general performance objectives of
10 CFR 73.55. In addition, the NRC staff determined that (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 NRC staff has determined that, pursuant to 10 CFR
73.5, these exemptions are authorized by law and are otherwise in the
public interest.
The NRC is denying the remainder of the DPC's exemption requests
because (1) the NRC staff determined that the regulations are not
applicable to this facility or (2) the DPC stated its intent for
submitting the request was to continue to follow its NRC-approved PSP,
and the NRC staff determined that the NRC-approved PSP complies with
the requirement from which the DPC requested an exemption. Additional
information regarding the NRC staff evaluation is documented in a
Safety Evaluation Report that contains Sensitive Unclassified Non-
Safeguards Information and is being withheld from public inspection in
accordance with 10 CFR 2.390.
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 LACBWR. Therefore, the Commission hereby grants the Dairyland
Power Cooperative an exemption from the following requirements: 10 CFR
73.55(a)(1) requirement to implement the revised rule by March 31,
2010; 10 CFR 73.55(b)(3)(i) requirement to interdict and neutralize
threats; 10 CFR 73.55(b)(6) requirement to demonstrate and assess
effectiveness of LLEA who serve as armed responders; 10 CFR
73.55(b)(9)(ii)(A); 10 CFR 73.55(i)(5)(ii); and 10 CFR 73.55(k)(6)(i).
As per the licensee's request and consistent with the NRC's regulatory
authority to grant exemptions, the date for the DPC to implement the 10
CFR 73.55 requirements shall correspond with issuance of this
exemption.
Part of this licensing action meets the categorical exclusion
provision in 10 CFR 51.22(c)(25)(vi)(F), because it 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
[[Page 38341]]
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 the
exemption from the implementation date requirement in 10 CFR
73.55(a)(1) was published in the Federal Register on May 8, 2012 (77 FR
27097). 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 upon issuance.
Dated at Rockville, Maryland, this 19th day of June 2012.
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. 2012-15677 Filed 6-26-12; 8:45 am]
BILLING CODE 7590-01-P