Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit 3; Schedular Exemption From Final Rule for Enhancements to Emergency Preparedness Regulations, 74030-74032 [2012-29950]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
documents, including the final
supporting statement, at the NRC’s PDR,
Room O–1F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. The OMB clearance
requests are available at the NRC’s Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The document will
be available on the NRC’s home page
site for 60 days after the signature date
of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by January 11, 2013. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Chad Whiteman, Desk Officer, Office of
Information and Regulatory Affairs
(3150–0066), NEOB–10202, Office of
Management and Budget,
Washington, DC 20503.
Comments can also be emailed to
Chad_S_Whiteman@omb.eop.gov or
submitted by telephone at 202–395–
4718.
The NRC Clearance Officer is
Tremaine Donnell, 301–415–6258.
Dated at Rockville, Maryland, this 6th day
of December 2012.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2012–29944 Filed 12–11–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. NRC–2012–0182]
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
Nuclear Regulatory
Commission.
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
mstockstill on DSK4VPTVN1PROD with
SUMMARY:
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Register Notice with a 60-day comment
period on this information collection on
August 17, 2012 (77 FR 49834).
1. Type of submission, new, revision,
or extension: Extension.
2. The title of the information
collection: Nuclear Material Events
Database (NMED) for the Collection of
Event Report, Response, Analyses, and
Follow-up Data on Events Involving the
Use of Atomic Energy Act (AEA)
Radioactive Byproduct Material.
3. Current OMB approval number:
3150–0178.
4. The form number if applicable:
N/A.
5. How often the collection is
required: On occasion. Agreement States
are requested to provide copies of
licensee nuclear material event reports
electronically or by hard copy to the
NRC within 30 days of receipt from
their licensee. In addition, Agreement
States are requested to report events that
may pose a significant health and safety
hazard to the NRC Headquarters
Operations Officer within 24 hours of
notification by an Agreement State
licensee.
6. Who will be required or asked to
report: Current Agreement States and
any State receiving Agreement State
status in the future.
7. An estimate of the number of
annual responses: 471.
8. The estimated number of annual
respondents: 37.
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 745.5 hours.
10. Abstract: NRC regulations require
NRC licensees to report incidents and
events involving the use, transportation
and security of radioactive byproduct
material, and source material, such as
those involving radiation
overexposures, leaking or contaminated
sealed source(s), release of excessive
contamination of radioactive material,
lost or stolen radioactive material,
equipment failures, abandoned well
logging sources and medical events.
Agreement State licenses are also
required to report these events to their
individual Agreement State regulatory
authorities under compatible Agreement
State regulations. The NRC is requesting
that the Agreement States provide
information to NRC on the initial
notification, response actions, and
follow-up investigations on events
involving the use (including suspected
theft or terrorist activities) of nuclear
materials regulated pursuant to the
Atomic Energy Act. The event
information should be provided in a
uniform electronic format, for
assessment and identification of any
facilities/site specific or generic safety
PO 00000
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concerns that could have the potential
to impact public health and safety. The
identification and review of safety
concerns may result in lessons learned,
and may also identify generic issues for
further study which could result in
proposals for changes or revisions to
technical or regulatory designs,
processes, standards, guidance or
requirements.
The public may examine and have
copied for a fee, publicly available
documents, including the final
supporting statement, at the NRC’s
Public Document Room, Room O–1F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. The
OMB clearance requests are available at
the NRC’s Web site: https://www.nrc.gov/
public-involve/doc-comment/omb/. The
document will be available on the
NRC’s home page site for 60 days after
the signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by January 11, 2013. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Chad Whiteman, Desk Officer, Office of
Information and Regulatory Affairs
(3150–0178), NEOB–10202, Office of
Management and Budget,
Washington, DC 20503.
Comments can also be emailed to
Chad_S_Whiteman@omb.eop.gov, or
submitted by telephone at 202–395–
4718.
The NRC Clearance Officer is
Tremaine Donnell, 301–415–6258.
Dated at Rockville, Maryland, this 5th day
of December 2012.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2012–29943 Filed 12–11–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–133; NRC–2012–0288]
Pacific Gas and Electric Company,
Humboldt Bay Power Plant, Unit 3;
Schedular Exemption From Final Rule
for Enhancements to Emergency
Preparedness Regulations
1.0
Background
On July 2, 1976, Humboldt Bay Power
Plant (HBPP) Unit 3 was shut down for
annual refueling and to conduct seismic
modifications. The unit was never
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
restarted. In 1983, updated economic
analyses indicated that restarting Unit 3
would probably not be cost-effective,
and in June 1983, Pacific Gas and
Electric Company (PG&E) announced its
intention to decommission the unit. On
July 16, 1985, the U.S. Nuclear
Regulatory Commission (NRC) issued
Amendment No. 19 to the HBPP Unit 3
Operating License to change the status
to possess-but-not-operate. (Agencywide
Documents Access and Management
System Accession No. 8507260045). In
December of 2008, the transfer of spent
fuel from the fuel storage pool to the
dry-cask Independent Spent Fuel
Storage Installation (ISFSI) was
completed, and the decontamination
and dismantlement phase of HBPP Unit
3 decommissioning commenced. Active
decommissioning is currently
underway.
mstockstill on DSK4VPTVN1PROD with
2.0
Request/Action
The NRC issued the Final Rule for
Enhancements to Emergency
Preparedness Regulations (Final Rule)
in the Federal Register on November 23,
2011 (76 FR 72560). Certain portions of
the Final Rule are required to be
implemented by June 20, 2012, while
other portions of the Final Rule have
later implementation dates.
By letter dated June 19, 2012 (ADAMS
Accession No. ML12187A235), Pacific
Gas and Electric Company (PG&E, the
licensee) requested a schedular
exemption which would extend the date
for implementing certain sections of the
Final Rule from June 20, 2012, to
September 20, 2012. The specific
sections are:
For Security-Related Emergency Plan
Issues:
Emergency Action Levels for Hostile
Action (10 CFR Part 50, Appendix
E, IV.B)
Emergency Response Organization
Augmentation at Alternate
Facility—capability for staging
emergency organization personnel
at an alternate facility and the
capability for communications with
the control room and plant security
(10 CFR Part 50, Appendix E,
IV.E.8.d)
Protection for Onsite Personnel (10
CFR Part 50, Appendix E, IV.I)
For Non-Security Related Issues:
Emergency Declaration Timeliness (10
CFR Part 50, Appendix E, IV.C.2.)
Emergency Operations Facility—
Performance Based Approach (10
CFR Part 50, Appendix E, IV.E.8.a.–
c.)
PG&E asserts that the Final Rule does
not specifically address defueled, nonoperating facilities such as HBPP, the
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15:48 Dec 11, 2012
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Final Rule is not applicable to 10 CFR
Part 72 ISFSI emergency plans, and
therefore PG&E needs more time to
evaluate the impact of the Final Rule on
HBPP.
3.0 Discussion
Through the Final Rule which became
effective December 23, 2011, the NRC
amended certain emergency
preparedness (EP) requirements that
apply to certain 10 CFR Parts 50 and
Part 52 licensees and applicants. The
Final Rule codified certain voluntary
protective measures contained in NRC
Bulletin 2005–02, ‘‘Emergency
Preparedness and Response Actions for
Security-Based Events’’ (BL–05–02)
dated February 25, 2002, and
generically applicable requirements
similar to those previously imposed by
Commission orders, in particular EA–
02–026, ‘‘Order for Interim Safeguards
and Security Compensatory Measures,’’
dated February 25, 2002. In addition,
the Final Rule amended other licensee
emergency plan requirements based on
a comprehensive review of the NRC’s EP
regulations and guidance. The
requirements enhance the ability of
licensees in preparing to take and taking
certain EP and protective measures in
the event of a radiological emergency;
address, in part, security issues
identified after the terrorist events of
September 11, 2001; clarify regulations
to effect consistent emergency plan
implementation among licensees; and
modify certain EP requirements to be
more effective and efficient.
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.
This exemption would, as noted
above, allow the licensee to defer
compliance with portions of the new EP
rule contained in 10 CFR part 50, from
June 20, 2012, until September 20, 2012.
The Atomic Energy Act of 1954, as
amended and the Commission’s
regulations permit the Commission to
grant exemptions from the regulations
in 10 CFR part 50. Granting exemptions
is consistent with the authority
provided to the Commission in the
Atomic Energy Act of 1954, as amended.
Therefore, the exemption is authorized
by law.
The Final Rule incorporated several
security-related emergency planning
improvements that had previously been
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
74031
issued by Order EA–02–026 or BL–05–
02. EA–02–026 was sent only to
operating power reactor licensees, and
B–05–02 was sent only to holders of
operating licenses for nuclear power
reactors, except for those licensees who
have permanently ceased operation and
have certified that fuel has been
removed from the reactor vessel.
Although both the Order and Bulletin
were not applicable to nuclear power
reactor facilities that have permanently
shutdown, such as Humboldt Bay, all
aspects of the Final Rule are applicable
to these licensees.
The staff determined that Humboldt
Bay’s EP program met the baseline
requirements of the previous version of
the EP requirements in 10 CFR 50.47,
and 10 CFR part 50, Appendix E as
previously approved by the NRC in the
Decommissioning Safety Evaluation
Report dated April 27, 1987. The EP
Final Rule was not necessary for
adequate protection. The Federal
Register notice for the Final Rule stated,
‘‘the Commission has determined that
the existing regulatory structure ensures
adequate protection of public health and
safety and common defense and
security.’’ Thus, compliance with the EP
requirements in effect before the
effective date of the EP Final Rule
demonstrated reasonable assurance of
adequate protection, and granting an
extension of time to comply with
portions of the EP Final Rule will not
present an undue risk to public health
or safety and is consistent with the
common defense and security.
The Humboldt Bay Site Emergency
Plan is a joint emergency plan
addressing both the 10 CFR part 50
licensed facility and the 10 CFR part 72
licensed ISFSI. The Emergency Plan
does not include PG&E-staffed offsite
facilities or an onsite Technical Support
Center. As stated in Section 2.0 above,
the licensee has stated that the Final
Rule does not specifically address
defueled, non-operating facilities such
as HBPP, it is not applicable to 10 CFR
part 72 ISFSI emergency plans, and
therefore PG&E is still evaluating the
applicability of the Final Rule to HBPP.
Because PG&E is still evaluating the
applicability of the Final Rule to HBPP,
special circumstances are present in that
the licensee reasonably needs more time
to assess the impact of the rule.
4.0 Conclusion
The NRC staff reviewed the licensee’s
submittals and concludes that the
licensee has justified its request for an
extension of the compliance date with
regard to five specific requirements of
10 CFR 50.47, and Part 50, Appendix E
until September 20, 2012.
E:\FR\FM\12DEN1.SGM
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74032
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
Accordingly, the Commission has
determined that pursuant to 10 CFR
50.12, ‘‘Specific exemptions,’’ an
exemption from the June 20, 2012,
compliance date is authorized by law
and will not endanger life or property or
the common defense and security, is
otherwise in the public interest, and
special circumstances are present.
Therefore, the Commission hereby
grants the requested exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption to the June 20, 2012,
deadline for the five sections specified
in the licensee’s letter dated June 19,
2012, the licensee is required to be in
compliance with 10 CFR part 50,
Appendix E, IV.B, 10 CFR part 50,
Appendix E, IV.E, 10 CFR part 50,
Appendix E, IV.I, 10 CFR part 50,
Appendix E, IV.C, and 10 CFR part 50,
Appendix E, IV.E.8, or request
appropriate exemption by September
20, 2012.
Pursuant to 10 CFR 51.32, ‘‘Finding of
no significant impact,’’ the Commission
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (77 FR 71198;
November 29, 2012).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 3rd day
of December 2012.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Waste Management, and
Environmental Protection, Office of Federal
and State Materials, and Environmental
Management Programs.
[FR Doc. 2012–29950 Filed 12–11–12; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. R2013–5; Order No.1569]
International Mail Contract
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
modification of a mail contract with
Singapore Post Limited. This notice
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: December
17, 2012.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
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SUMMARY:
VerDate Mar<15>2010
15:48 Dec 11, 2012
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the person identified in the FOR FURTHER
section by
telephone for advice on filing
alternatives.
INFORMATION CONTACT
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
Background. On December 4, 2012,
the Postal Service filed notice, pursuant
to 39 CFR 3010.40 et seq., announcing
that it has entered into a modification of
an existing bilateral agreement
(Modified Agreement) for inbound
market dominant services with
Singapore Post Limited (Singapore
Post).1 It asks that the Commission
include the Modified Agreement within
the Inbound Market Dominant MultiService Agreements with Foreign Postal
Operators 1 product.
Contract history and scope. The
Modified Agreement revises the existing
Singapore Post Agreement (Original
Agreement), filed in Docket No. R2012–
1, which was included within Inbound
Market Dominant Multi-Service
Agreements with Foreign Postal
Operators 1 by operation of Order No.
995. Id. at 1. The modification extends
the Original Agreement until June 30,
2013. Id.
Applicable rules. Subpart D of 39 CFR
3010 addresses rate adjustments for
negotiated service agreements (Type 2
adjustments). The rules in this subpart
specify, among other things, the scope
and nature of the data, information, and
explanations the Postal Service is to
provide in a notice of Type 2 rate
adjustment; the action the Commission
is to take upon receipt of such Notice;
and the nature of Commission review.
See 39 CFR 3010.42 through 3010.44.
II. Notice of Filing
Compliance with filing requirements.
The Postal Service’s filing consists of
the Notice, three attachments, and a
public Excel file. Attachment 1 to the
Notice is an application for non-public
treatment of material filed under seal
with the Commission (Application).2
This material consists of the unredacted
text of the Agreement and unredacted
supporting financial documentation. Id.
1 Notice of the United States Postal Service of
Filing Additional Functionally Equivalent
Agreement, December 4, 2012 (Notice).
2 The Application was filed pursuant to 39 CFR
3007.21. See Id. at 7.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
at 3. Attachment 2 is a copy of the
Modified Agreement. Id. at 2.
Attachment 3 is a redacted copy of the
Original Agreement from Docket No.
R2012–1. Id. at 2–3. The public Excel
file is a redacted version of the
supporting financial documentation. Id.
at 3.
The Postal Service identifies January
18, 2013 as the effective date of the
Modified Agreement; asserts that the
requisite 45 days’ advance notice is
being provided; and identifies a Postal
Service official as a contact for further
information. Id. at 3–4.3 It identifies the
parties to the Agreement as the United
States Postal Service and Singapore Post
Limited, the postal operator for
Singapore. Id. at 4. It states that the
Modified Agreement includes delivery
confirmation scanning for Letter Post
small packets, a service established by
the China Post 2010 Agreement, the
Hongkong Post Agreement, and China
Post 2011 Agreements. Id.
The Postal Service states that
information about expected financial
improvements, costs, volumes, and
revenues in financial workpapers has
been filed with the Commission under
seal. Id. at 5. Because the Modified
Agreement involves only term
extension, and therefore no relevant
material change, the Postal Service
incorporates by reference portions of its
original notice 4 (in Docket No. R2012–
1), addressing, as required by 39 CFR
2010.41(d), components expected to
enhance performance and, as required
by 39 CFR 2010.41(e), reasons why the
Modified Agreement will not result in
unreasonable harm to the marketplace.
Notice at 5.
Rule 3010.43—data collection plan.
Rule 3010.43 requires the Postal Service
to submit a detailed data collection
plan. The Postal Service asks that the
Commission except the Modified
Agreement from the separate
performance reporting requirement
under 39 CFR 3055.3(a)(3), based on
reasons described in the Docket No.
R2012–1 Notice. Id. at 6; see also Docket
No. R2012–1 Notice at 5–6.
Consistency with applicable statutory
criteria. The Postal Service notes that in
the Original Agreement, the
Commission held that the criteria set
forth in 39 U.S.C. 3622(c)(10) had been
3 In a related filing in Docket No. R2012–1, the
Postal Service seeks a brief extension of the Original
Agreement. See Docket No. R2012–1, Motion of the
United States Postal Service for Temporary Relief,
December 4, 2012.
4 Docket No. R2012–1, Notice of United States
Postal Service of Type 2 Rate Adjustment and
Notice of Filing Functionally Equivalent
Agreement, October 14, 2011, at 4–7 (Docket No.
R2012–1 Notice).
E:\FR\FM\12DEN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74030-74032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29950]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-133; NRC-2012-0288]
Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit
3; Schedular Exemption From Final Rule for Enhancements to Emergency
Preparedness Regulations
1.0 Background
On July 2, 1976, Humboldt Bay Power Plant (HBPP) Unit 3 was shut
down for annual refueling and to conduct seismic modifications. The
unit was never
[[Page 74031]]
restarted. In 1983, updated economic analyses indicated that restarting
Unit 3 would probably not be cost-effective, and in June 1983, Pacific
Gas and Electric Company (PG&E) announced its intention to decommission
the unit. On July 16, 1985, the U.S. Nuclear Regulatory Commission
(NRC) issued Amendment No. 19 to the HBPP Unit 3 Operating License to
change the status to possess-but-not-operate. (Agencywide Documents
Access and Management System Accession No. 8507260045). In December of
2008, the transfer of spent fuel from the fuel storage pool to the dry-
cask Independent Spent Fuel Storage Installation (ISFSI) was completed,
and the decontamination and dismantlement phase of HBPP Unit 3
decommissioning commenced. Active decommissioning is currently
underway.
2.0 Request/Action
The NRC issued the Final Rule for Enhancements to Emergency
Preparedness Regulations (Final Rule) in the Federal Register on
November 23, 2011 (76 FR 72560). Certain portions of the Final Rule are
required to be implemented by June 20, 2012, while other portions of
the Final Rule have later implementation dates.
By letter dated June 19, 2012 (ADAMS Accession No. ML12187A235),
Pacific Gas and Electric Company (PG&E, the licensee) requested a
schedular exemption which would extend the date for implementing
certain sections of the Final Rule from June 20, 2012, to September 20,
2012. The specific sections are:
For Security-Related Emergency Plan Issues:
Emergency Action Levels for Hostile Action (10 CFR Part 50,
Appendix E, IV.B)
Emergency Response Organization Augmentation at Alternate
Facility--capability for staging emergency organization personnel at an
alternate facility and the capability for communications with the
control room and plant security (10 CFR Part 50, Appendix E, IV.E.8.d)
Protection for Onsite Personnel (10 CFR Part 50, Appendix E, IV.I)
For Non-Security Related Issues:
Emergency Declaration Timeliness (10 CFR Part 50, Appendix E,
IV.C.2.)
Emergency Operations Facility--Performance Based Approach (10 CFR
Part 50, Appendix E, IV.E.8.a.-c.)
PG&E asserts that the Final Rule does not specifically address
defueled, non-operating facilities such as HBPP, the Final Rule is not
applicable to 10 CFR Part 72 ISFSI emergency plans, and therefore PG&E
needs more time to evaluate the impact of the Final Rule on HBPP.
3.0 Discussion
Through the Final Rule which became effective December 23, 2011,
the NRC amended certain emergency preparedness (EP) requirements that
apply to certain 10 CFR Parts 50 and Part 52 licensees and applicants.
The Final Rule codified certain voluntary protective measures contained
in NRC Bulletin 2005-02, ``Emergency Preparedness and Response Actions
for Security-Based Events'' (BL-05-02) dated February 25, 2002, and
generically applicable requirements similar to those previously imposed
by Commission orders, in particular EA-02-026, ``Order for Interim
Safeguards and Security Compensatory Measures,'' dated February 25,
2002. In addition, the Final Rule amended other licensee emergency plan
requirements based on a comprehensive review of the NRC's EP
regulations and guidance. The requirements enhance the ability of
licensees in preparing to take and taking certain EP and protective
measures in the event of a radiological emergency; address, in part,
security issues identified after the terrorist events of September 11,
2001; clarify regulations to effect consistent emergency plan
implementation among licensees; and modify certain EP requirements to
be more effective and efficient.
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.
This exemption would, as noted above, allow the licensee to defer
compliance with portions of the new EP rule contained in 10 CFR part
50, from June 20, 2012, until September 20, 2012. The Atomic Energy Act
of 1954, as amended and the Commission's regulations permit the
Commission to grant exemptions from the regulations in 10 CFR part 50.
Granting exemptions is consistent with the authority provided to the
Commission in the Atomic Energy Act of 1954, as amended. Therefore, the
exemption is authorized by law.
The Final Rule incorporated several security-related emergency
planning improvements that had previously been issued by Order EA-02-
026 or BL-05-02. EA-02-026 was sent only to operating power reactor
licensees, and B-05-02 was sent only to holders of operating licenses
for nuclear power reactors, except for those licensees who have
permanently ceased operation and have certified that fuel has been
removed from the reactor vessel. Although both the Order and Bulletin
were not applicable to nuclear power reactor facilities that have
permanently shutdown, such as Humboldt Bay, all aspects of the Final
Rule are applicable to these licensees.
The staff determined that Humboldt Bay's EP program met the
baseline requirements of the previous version of the EP requirements in
10 CFR 50.47, and 10 CFR part 50, Appendix E as previously approved by
the NRC in the Decommissioning Safety Evaluation Report dated April 27,
1987. The EP Final Rule was not necessary for adequate protection. The
Federal Register notice for the Final Rule stated, ``the Commission has
determined that the existing regulatory structure ensures adequate
protection of public health and safety and common defense and
security.'' Thus, compliance with the EP requirements in effect before
the effective date of the EP Final Rule demonstrated reasonable
assurance of adequate protection, and granting an extension of time to
comply with portions of the EP Final Rule will not present an undue
risk to public health or safety and is consistent with the common
defense and security.
The Humboldt Bay Site Emergency Plan is a joint emergency plan
addressing both the 10 CFR part 50 licensed facility and the 10 CFR
part 72 licensed ISFSI. The Emergency Plan does not include PG&E-
staffed offsite facilities or an onsite Technical Support Center. As
stated in Section 2.0 above, the licensee has stated that the Final
Rule does not specifically address defueled, non-operating facilities
such as HBPP, it is not applicable to 10 CFR part 72 ISFSI emergency
plans, and therefore PG&E is still evaluating the applicability of the
Final Rule to HBPP. Because PG&E is still evaluating the applicability
of the Final Rule to HBPP, special circumstances are present in that
the licensee reasonably needs more time to assess the impact of the
rule.
4.0 Conclusion
The NRC staff reviewed the licensee's submittals and concludes that
the licensee has justified its request for an extension of the
compliance date with regard to five specific requirements of 10 CFR
50.47, and Part 50, Appendix E until September 20, 2012.
[[Page 74032]]
Accordingly, the Commission has determined that pursuant to 10 CFR
50.12, ``Specific exemptions,'' an exemption from the June 20, 2012,
compliance date is authorized by law and will not endanger life or
property or the common defense and security, is otherwise in the public
interest, and special circumstances are present. Therefore, the
Commission hereby grants the requested exemption.
As per the licensee's request and the NRC's regulatory authority to
grant an exemption to the June 20, 2012, deadline for the five sections
specified in the licensee's letter dated June 19, 2012, the licensee is
required to be in compliance with 10 CFR part 50, Appendix E, IV.B, 10
CFR part 50, Appendix E, IV.E, 10 CFR part 50, Appendix E, IV.I, 10 CFR
part 50, Appendix E, IV.C, and 10 CFR part 50, Appendix E, IV.E.8, or
request appropriate exemption by September 20, 2012.
Pursuant to 10 CFR 51.32, ``Finding of no significant impact,'' the
Commission has previously determined that the granting of this
exemption will not have a significant effect on the quality of the
human environment (77 FR 71198; November 29, 2012).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 3rd day of December 2012.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Waste Management, and Environmental Protection,
Office of Federal and State Materials, and Environmental Management
Programs.
[FR Doc. 2012-29950 Filed 12-11-12; 8:45 am]
BILLING CODE 7590-01-P
