Dominion Nuclear Connecticut, Inc.; Millstone Power Station, Unit 2, Revocation of Exemption, 62539-62540 [2012-25241]
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices
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Dated at Rockville, Maryland, this 10th day
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For the U.S. Nuclear Regulatory
Commission.
Andrew L. Bates,
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Tuesday, October 30, 2012
Week of October 29, 2012—Tentative
[FR Doc. 2012–25242 Filed 10–12–12; 8:45 am]
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Week of November 5, 2012—Tentative
Monday, November 5, 2012
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Nuclear
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DATE: Weeks of October 8, 15, 22, 29,
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a. Entergy Nuclear Operations, Inc.
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Entergy Application to Stay Board
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This meeting will be webcast live at
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erowe on DSK2VPTVN1PROD with
Week of October 15, 2012
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[FR Doc. 2012–25362 Filed 10–11–12; 4:15 pm]
BILLING CODE 7590–01–P
Thursday, November 8, 2012
9:30 a.m. Discussion of Management
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NUCLEAR REGULATORY
COMMISSION
Week of November 12, 2012—Tentative
[Docket No. 50–336; NRC–2010–0128]
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Additional Information
By a vote of 4–0 on October 10, 2012,
the Commission determined pursuant to
U.S.C. 552b(e) and § 9.107(a) of the
Commission’s rules that the above
referenced Affirmation Session (Entergy
Nuclear Operations, Inc. (Indian Point
Nuclear Generating Units 2 and 3)—
Entergy Emergency Petition for
Interlocutory Review of Board Order
Granting Cross-Examination to New
York State and Entergy Application to
Stay Board Order or Hearing) be held
with less than one week notice to the
public. The meeting is scheduled on
October 12, 2012.
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Dominion Nuclear Connecticut, Inc.;
Millstone Power Station, Unit 2,
Revocation of Exemption
1.0
Background
Dominion Nuclear Connecticut, Inc.,
(DNC or the licensee) is the holder of
Facility Operating License No. DPR–65,
which authorizes operation of the
Millstone Power Station, Unit 2 (MPS2).
The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect.
The facility consists of a pressurizedwater reactor located in New London
County, Connecticut.
2.0
Request/Action
By letter dated November 5, 2004,1 as
supplemented by letters dated January 6
and January 25, 2005,2 the licensee
1 Agencywide Document Access and Management
System (ADAMS) Accession No. ML043130360.
2 ADAMS Accession Nos. ML050110079 and
ML050260675, respectively.
E:\FR\FM\15OCN1.SGM
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62540
Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices
submitted a request for an exemption
from the requirements in section
50.68(b)(1) of Title 10 of the Code of
Federal Regulations (10 CFR) for
loading, unloading, and handling of the
components of the Transnuclear (TN)
NUHOMS®–32PT dry cask storage
system at MPS2. By Exemption dated
February 15, 2005,3 the NRC granted
DNC’s request.
Section 50.68(b)(1) of 10 CFR set forth
the following requirement, at the time
the exemption was granted, that must be
met, in lieu of a monitoring system
capable of detecting criticality events.
Plant procedures shall prohibit the
handling and storage at any one time of more
fuel assemblies than have been determined to
be safely subcritical under the most adverse
moderation conditions feasible by unborated
water.
erowe on DSK2VPTVN1PROD with
The licensee was unable to satisfy the
above requirement for handling the 10
CFR Part 72 licensed contents of the TN
NUHOMS®–32PT system. Section
50.12(a) allows licensees to apply for an
exemption from the requirements of 10
CFR Part 50 if the regulation is not
necessary to achieve the underlying
purpose of the rule and other conditions
are met. The licensee stated in the
application that compliance with 10
CFR 50.68(b)(1) is not necessary for
handling the 10 CFR Part 72 licensed
contents of the cask system to achieve
the underlying purpose of 10 CFR
50.68(b)(1). The Commission
determined that, pursuant to 10 CFR
50.12(a), the exemption was authorized
by law, would not present an undue risk
to the public health and safety, and was
consistent with the common defense
and security. Also, special
circumstances were present. Therefore,
the Commission granted DNC an
exemption from the requirements of 10
CFR 50.68(b)(1) for the loading,
unloading, and handling of the
components of the TN NUHOMS®–
32PT storage system at MPS2.
On November 16, 2006 (71 FR 66648),
the NRC published a direct final rule in
the Federal Register amending its
regulations ‘‘so that the requirements
governing criticality control for the
spent fuel pool storage racks do not
apply to the fuel within the spent fuel
transportation package or storage cask
when the package or cask is in the spent
fuel pool.’’ The regulation in 10 CFR
50.68 was amended by adding a new
paragraph (c) which states the
following:
(c) While a spent fuel transportation
package approved under Part 71 of this
chapter or spent fuel storage cask approved
under Part 72 of this chapter is in the spent
fuel pool:
(1) The requirements in § 50.68(b) do not
apply to the fuel located within that package
or cask; and
(2) The requirements in Part 71 or 72 of
this chapter, as applicable, and the
requirements of the Certificate of Compliance
for that package or cask apply to the fuel
within that package or cask.
The statements of consideration state
that for licensees with an approved
exemption, these licensees can continue
to use their approved exemption or they
may choose to comply with the
amended rule. The statements of
consideration go on to say, ‘‘[o]perating
under the exemption or the amended
rule have effectively the same criticality
accident requirements for fuel within a
package or cask in a spent fuel pool,
namely only those of 10 CFR Part 71 or
72, as applicable.’’
By letter dated April 10, 2012,4 DNC
stated that MPS2 will comply with the
amended rule instead of the February
15, 2005, exemption.
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. On February 15, 2005, the NRC
granted the above exemption for the
technical requirements of 10 CFR
50.68(b)(1) for loading, unloading, and
handling of the components of the TN
NUHOMS®–32PT storage system at
MPS2.
Based on the NRC rule change that
amended the requirements of 10 CFR
50.68, in November 2006, DNC is able
to comply with all requirements of 10
CFR 50.68. The NRC staff examined the
licensee’s rationale, and concluded that
the revocation is acceptable because the
licensee has established compliance
with 10 CFR 50.68 for loading,
unloading, and handling of the
components of the TN NUHOMS®–
32PT storage system at MPS2.
This revocation of exemption would
remove the licensee’s exemption from
the associated requirements of 10 CFR
50.68(b)(1) for loading, unloading, and
handling of the components of the TN
NUHOMS®–32PT dry cask storage
system at MPS2, which was granted by
the Commission on February 15, 2005.
With the exemption removed, MPS2
will be subject to all of the applicable
requirements of 10 CFR 50.68. The NRC
staff has determined that revoking the
exemption will not result in a violation
of the Atomic Energy Act of 1954, as
amended, or the Commission’s
regulations.
No Undue Risk to Public Health and
Safety
The underlying purposes of 10 CFR
50.68 is to maintain spent fuel pools
subcritical in an unborated, maximum
moderation condition. DNC has decided
to comply with all of the amended
requirements of 10 CFR 50.68 which
were issued in November 2006, without
exemption. Based on compliance with
the requirements of 10 CFR 50.68, no
new accident precursors are created by
the revocation of this exemption, thus,
the probability of postulated accidents
is not increased. Also, based on
compliance with the requirements of 10
CFR 50.68, the consequences of
postulated accidents are not increased.
Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and
Security
The proposed revocation of
exemption would restore the
requirements of 10 CFR 50.68 for
loading, unloading, and handling of the
components of the TN NUHOMS®–
32PT dry cask storage system at MPS2
. This change to the operation of the
plant has no relation to security issues.
Therefore, the common defense and
security is not impacted by this
exemption.
4.0
Conclusion
Accordingly, the Commission has
determined that the exemption granted
February 15, 2005, related to loading,
unloading, and handling of the
components of the TN NUHOMS®–
32PT dry cask storage system at MPS2
is hereby revoked.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
revocation of this exemption will not
have a significant effect on the quality
of the human environment (71 FR
66650).
This exemption revocation is effective
upon issuance.
Dated at Rockville, Maryland, this 3rd day
of October 2012.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2012–25241 Filed 10–12–12; 8:45 am]
3 ADAMS
Accession No. ML050420058.
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4 ADAMS
PO 00000
Accession No. ML12102A057.
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BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62539-62540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25241]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-336; NRC-2010-0128]
Dominion Nuclear Connecticut, Inc.; Millstone Power Station, Unit
2, Revocation of Exemption
1.0 Background
Dominion Nuclear Connecticut, Inc., (DNC or the licensee) is the
holder of Facility Operating License No. DPR-65, which authorizes
operation of the Millstone Power Station, Unit 2 (MPS2). The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor located in New
London County, Connecticut.
2.0 Request/Action
By letter dated November 5, 2004,\1\ as supplemented by letters
dated January 6 and January 25, 2005,\2\ the licensee
[[Page 62540]]
submitted a request for an exemption from the requirements in section
50.68(b)(1) of Title 10 of the Code of Federal Regulations (10 CFR) for
loading, unloading, and handling of the components of the Transnuclear
(TN) NUHOMS[supreg]-32PT dry cask storage system at MPS2. By Exemption
dated February 15, 2005,\3\ the NRC granted DNC's request.
---------------------------------------------------------------------------
\1\ Agencywide Document Access and Management System (ADAMS)
Accession No. ML043130360.
\2\ ADAMS Accession Nos. ML050110079 and ML050260675,
respectively.
\3\ ADAMS Accession No. ML050420058.
---------------------------------------------------------------------------
Section 50.68(b)(1) of 10 CFR set forth the following requirement,
at the time the exemption was granted, that must be met, in lieu of a
monitoring system capable of detecting criticality events.
Plant procedures shall prohibit the handling and storage at any
one time of more fuel assemblies than have been determined to be
safely subcritical under the most adverse moderation conditions
feasible by unborated water.
The licensee was unable to satisfy the above requirement for
handling the 10 CFR Part 72 licensed contents of the TN NUHOMS[supreg]-
32PT system. Section 50.12(a) allows licensees to apply for an
exemption from the requirements of 10 CFR Part 50 if the regulation is
not necessary to achieve the underlying purpose of the rule and other
conditions are met. The licensee stated in the application that
compliance with 10 CFR 50.68(b)(1) is not necessary for handling the 10
CFR Part 72 licensed contents of the cask system to achieve the
underlying purpose of 10 CFR 50.68(b)(1). The Commission determined
that, pursuant to 10 CFR 50.12(a), the exemption was authorized by law,
would not present an undue risk to the public health and safety, and
was consistent with the common defense and security. Also, special
circumstances were present. Therefore, the Commission granted DNC an
exemption from the requirements of 10 CFR 50.68(b)(1) for the loading,
unloading, and handling of the components of the TN NUHOMS[supreg]-32PT
storage system at MPS2.
On November 16, 2006 (71 FR 66648), the NRC published a direct
final rule in the Federal Register amending its regulations ``so that
the requirements governing criticality control for the spent fuel pool
storage racks do not apply to the fuel within the spent fuel
transportation package or storage cask when the package or cask is in
the spent fuel pool.'' The regulation in 10 CFR 50.68 was amended by
adding a new paragraph (c) which states the following:
(c) While a spent fuel transportation package approved under
Part 71 of this chapter or spent fuel storage cask approved under
Part 72 of this chapter is in the spent fuel pool:
(1) The requirements in Sec. 50.68(b) do not apply to the fuel
located within that package or cask; and
(2) The requirements in Part 71 or 72 of this chapter, as
applicable, and the requirements of the Certificate of Compliance
for that package or cask apply to the fuel within that package or
cask.
The statements of consideration state that for licensees with an
approved exemption, these licensees can continue to use their approved
exemption or they may choose to comply with the amended rule. The
statements of consideration go on to say, ``[o]perating under the
exemption or the amended rule have effectively the same criticality
accident requirements for fuel within a package or cask in a spent fuel
pool, namely only those of 10 CFR Part 71 or 72, as applicable.''
By letter dated April 10, 2012,\4\ DNC stated that MPS2 will comply
with the amended rule instead of the February 15, 2005, exemption.
---------------------------------------------------------------------------
\4\ ADAMS Accession No. ML12102A057.
---------------------------------------------------------------------------
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. On February 15, 2005, the
NRC granted the above exemption for the technical requirements of 10
CFR 50.68(b)(1) for loading, unloading, and handling of the components
of the TN NUHOMS[supreg]-32PT storage system at MPS2.
Based on the NRC rule change that amended the requirements of 10
CFR 50.68, in November 2006, DNC is able to comply with all
requirements of 10 CFR 50.68. The NRC staff examined the licensee's
rationale, and concluded that the revocation is acceptable because the
licensee has established compliance with 10 CFR 50.68 for loading,
unloading, and handling of the components of the TN NUHOMS[supreg]-32PT
storage system at MPS2.
This revocation of exemption would remove the licensee's exemption
from the associated requirements of 10 CFR 50.68(b)(1) for loading,
unloading, and handling of the components of the TN NUHOMS[supreg]-32PT
dry cask storage system at MPS2, which was granted by the Commission on
February 15, 2005. With the exemption removed, MPS2 will be subject to
all of the applicable requirements of 10 CFR 50.68. The NRC staff has
determined that revoking the exemption will not result in a violation
of the Atomic Energy Act of 1954, as amended, or the Commission's
regulations.
No Undue Risk to Public Health and Safety
The underlying purposes of 10 CFR 50.68 is to maintain spent fuel
pools subcritical in an unborated, maximum moderation condition. DNC
has decided to comply with all of the amended requirements of 10 CFR
50.68 which were issued in November 2006, without exemption. Based on
compliance with the requirements of 10 CFR 50.68, no new accident
precursors are created by the revocation of this exemption, thus, the
probability of postulated accidents is not increased. Also, based on
compliance with the requirements of 10 CFR 50.68, the consequences of
postulated accidents are not increased. Therefore, there is no undue
risk to public health and safety.
Consistent With Common Defense and Security
The proposed revocation of exemption would restore the requirements
of 10 CFR 50.68 for loading, unloading, and handling of the components
of the TN NUHOMS[supreg]-32PT dry cask storage system at MPS2 . This
change to the operation of the plant has no relation to security
issues. Therefore, the common defense and security is not impacted by
this exemption.
4.0 Conclusion
Accordingly, the Commission has determined that the exemption
granted February 15, 2005, related to loading, unloading, and handling
of the components of the TN NUHOMS[supreg]-32PT dry cask storage system
at MPS2 is hereby revoked.
Pursuant to 10 CFR 51.32, the Commission has determined that the
revocation of this exemption will not have a significant effect on the
quality of the human environment (71 FR 66650).
This exemption revocation is effective upon issuance.
Dated at Rockville, Maryland, this 3rd day of October 2012.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2012-25241 Filed 10-12-12; 8:45 am]
BILLING CODE 7590-01-P
