Yankee Atomic Electric Company, Yankee Nuclear Power Station, 45984-45987 [2013-18252]
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Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0033. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Sabrina Atack, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9075; email
Sabrina.Atack@nrc.gov.
SUPPLEMENTARY INFORMATION: In
response to the Commission’s direction
in the staff requirements memorandum
(SRM) for SECY–10–0031 (ADAMS
Accession No. ML102170054), the NRC
staff revised Section 2.3.2. of the NRC
Enforcement Policy to disposition
Severity Level IV violations for fuel
cycle facilities as non-cited violations if
the NRC determines that the licensee’s
CAP is effective, the licensee enters the
violation in its CAP, and other criteria
are met, as delineated in Section 2.3.2
of the NRC Enforcement Policy. As part
of its response to the SRM, the NRC staff
also developed draft NUREG–2154,
‘‘Acceptability of Corrective Action
Programs for Fuel Cycle Facilities’’
(ADAMS Accession No. ML13036A029).
The intent of the draft NUREG was to
provide guidance to NRC staff on how
to determine, based on a licensee’s CAP
licensing submittal, that a CAP is
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acceptable. The NRC staff issued draft
NUREG–2154 for public comment on
February 20, 2013 (78 FR 11903).
By letter dated April 22, 2013
(ADAMS Accession No. ML13133A219),
the Nuclear Energy Institute (NEI)
provided comments on draft NUREG–
2154. In the letter and its attachment,
NEI suggested that the NRC consider
converting the draft NUREG to a RG
since RGs are typically the primary
source of information for licensees and
applicants filing for a license or
requesting a licensing action. Further,
during an April 11, 2013, public
meeting held in Atlanta, GA (ADAMS
Accession No. ML13113A251), members
of industry identified that the burden of
implementing a CAP could be eased if
applicants and licensees were able to
commit to a set of CAP requirements
rather than undertake the process of
submitting a written CAP for NRC
review and approval. The comment
resolution table that describes the NRC
staff’s resolution of the comments and
recommendations related to draft
NUREG–2154 is available for public
review in ADAMS under Accession No.
ML13158A143.
Based on the review of public
comment submissions and feedback at
public meetings, the NRC has decided to
withdraw draft NUREG–2154 and to
identify the elements of an acceptable
fuel cycle facility CAP in a draft RG.
The NRC staff has determined that a RG
can effectively describe measures for
establishing a CAP that is adequate to
support the application of the
provisions of Section 2.3.2 of the NRC
Enforcement Policy (ADAMS Accession
No. ML12340A295) by fuel cycle
facilities. This approach will minimize
the burden to licensees who wish to
implement a CAP by streamlining the
licensing actions associated with
incorporating CAP commitments into
the license. Licensees will be able to
submit a simple license amendment
request committing to comply with the
RG and implementing documents
established thereto rather than
submitting a detailed CAP description
for NRC review and approval. The draft
RG, DG–3044, ‘‘Corrective Action
Programs for Fuel Cycle Facilities,’’ will
be issued for public comment in a
forthcoming Federal Register Notice.
Proposed Action
By this action, the NRC is
withdrawing draft NUREG–2154. The
guidance contained in the draft NUREG
will be reissued in the form of a draft
regulatory guide (DG–3044, ‘‘Corrective
Action Programs for Fuel Cycle
Facilities’’).
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Dated at Rockville, Maryland, this 22nd
day of July 2013.
For the Nuclear Regulatory Commission.
Michael X. Franovich,
Chief, Programmatic Oversight and Regional
Support Branch, Division of Fuel Cycle Safety
and Safeguards, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2013–18251 Filed 7–29–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos.: 50–029 and 72–31; NRC–
2013–0165]
Yankee Atomic Electric Company,
Yankee Nuclear Power Station
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a final rule
amending certain emergency planning
(EP) requirements in the regulations that
govern domestic licensing of production
and utilization facilities (November 23,
2011; 76 FR 72560) (EP Final Rule). The
EP Final Rule was effective on
December 23, 2011, with various
implementation dates for each of the
rule changes.
FOR FURTHER INFORMATION CONTACT: John
Goshen, Project Manager, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9250, email:
john.goshen@nrc.gov.
SUMMARY:
1.0 Introduction
The Yankee Atomic Electric Company
(YAEC) is the holder of Possession-Only
License DPR–3 for the Yankee Nuclear
Power Station (YNPS) facility. The
license, issued pursuant to the Atomic
Energy Act of 1954, as amended, and
part 50 of Title 10 of the Code of Federal
Regulations (10 CFR), allows YAEC to
possess and store spent nuclear fuel at
the permanently shutdown and
decommissioned facility under the
provision of 10 CFR part 72, Subpart K,
‘‘General License for Storage of Spent
Fuel at Power Reactor Sites.’’ In a letter
dated February 27, 1992, (Agencywide
Document Access and Management
System (ADAMS) Legacy Accession No.
9203020228), the YAEC informed the
NRC that the YNPS had permanently
ceased power operations, removed fuel
from the reactor to the fuel pool and
began to develop detailed plans to
decommission the facility. By NRC
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letter of August 5, 1992, (ADAMS
Legacy Accession No. 9208110135),
License DPR–3 was modified to a
Possession-Only License.
After ceasing operations at the reactor,
the YAEC began transferring spent
nuclear fuel from the spent fuel pool to
the YNPS Independent Spent Fuel
Storage Installation (ISFSI) for long term
dry storage. The YNPS ISFSI is a
vertical dry cask storage facility for
spent nuclear fuel.
On June 19, 2012, the YAEC
submitted a letter, ‘‘Request for
Exemption to Revised Emergency
Planning Regulations’’ (ADAMS
Accession No. ML121810053),
requesting exemption from specific EP
requirements of 10 CFR 50.47 and
Appendix E to 10 CFR part 50 for the
YNPS ISFSI.
The YAEC states that this exemption
request and its impact on the
corresponding emergency plan: (1) Is
authorized by law, (2) will not present
an undue risk to the public health and
safety; and (3) is consistent with the
common defense and security in
accordance with 10 CFR 50.12. The
YAEC states that its intent in submitting
this exemption request is to maintain
the regulatory structure in place prior to
the issuance of the EP Final Rule and,
therefore, does not propose any changes
to the Emergency Plan or implementing
procedures other than simple regulatory
reference changes that can be
implemented under 10 CFR 50.54(q).
2.0 Discussion
On July 2, 1992, (ADAMS Legacy
Accession No. 9207070401), the YAEC
requested an exemption from the
provisions of 10 CFR 50.54(q) that
required emergency plans to meet all of
the standards of 10 CFR 50.47(b) and all
of the requirements of Appendix E to 10
CFR Part 50 so that the licensee would
have to meet only certain EP standards
and requirements. Additionally, the
YAEC requested approval of a proposed
YNPS Defueled Emergency Plan (DEP)
that proposed to meet those limited
standards and requirements.
The NRC approved the requested
exemption and the DEP on October 30,
1992, (ADAMS Legacy Accession No.
9211050354). The Safety Evaluation
Report (SER) established EP
requirements for the YAEC as
documented in the DEP. The NRC staff
concluded that the licensee’s emergency
plan was acceptable in view of the
greatly reduced offsite radiological
consequences associated with the
defueled condition of the reactor with
spent nuclear fuel in storage in the
spent fuel pool. The staff found that the
postulated dose to the general public
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from any reasonably conceivable
accident would not exceed the U.S.
Environmental Protection Agency (EPA)
Protective Action Guides (PAGs), and
for the bounding accident, the length of
time available to respond to a loss of
spent fuel cooling or reduction in water
level gave confidence that offsite
measures for the public could be taken
without preparation.
The YAEC revised the DEP to
incorporate plans for responding to
emergencies that may arise during
transfer of spent nuclear fuel and greater
than Class C (GTCC) waste into dry
storage at the YNPS ISFSI and
submitted these revisions to the NRC
through Revision 10 to the YAEC DEP
on April 10, 2002, (ADAMS Accession
No. ML021070683 1). According to
YAEC, it had placed all spent nuclear
fuel into dry storage at YNP ISFSI as of
May, 2003, (ADAMS Accession No.
ML031750537).
On March 8, 2005 (ADAMS Accession
No. ML050740396 1), YAEC revised the
YAEC DEP under 10 CFR 50.54(q) to
reflect that all spent nuclear fuel had
been transferred into the ISFSI, the
Spent Fuel Pit was drained, no
significant radiological source term
remained on site, and no emergency
action levels could be met or exceeded
outside of the ISFSI. Therefore, the
licensee eliminated all portions of the
DEP not related to the ISFSI and
transitioned the emergency plan to an
ISFSI emergency plan. The ISFSI
emergency plan reflects the emergency
preparedness and response
requirements applicable to the YAEC in
light of the exemption granted in 1992.
The basis for those exemptions has not
changed since the exemptions were
granted in 1992; therefore the YAEC
continues to be exempt from the EP
requirements for which the NRC
previously granted exemptions. The
current YAEC Emergency Plan for the
ISFSI provides reasonable assurance
that adequate protective measures can
and will be taken in the event of a
radiological emergency at the YR ISFSI
for the same reasons that the NRC found
that the DEP met the applicable EP
requirements in 1992. Since the NRC
issued the approval and SER for the
original YR DEP, the YAEC has not
requested nor received substantive
exemptions from emergency planning
requirements.
Revision 17 of the YNPS Emergency
Plan, dated October 31, 2012, (ADAMS
Accession No. ML12321A053 1) reflects
the current conditions, where only the
1 Document contains sensitive security related
information and is not publically available.
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ISFSI and its related support systems,
structures, and components remain.
With the EP Final Rule, several
requirements in 10 CFR Part 50 were
modified or added, including changes in
sections 50.47, and 50.54, and
Appendix E. Specific implementation
dates were provided for each EP rule
change. The EP Final Rule codified
certain voluntary protective measures
contained in NRC Bulletin 2005–02,
‘‘Emergency Preparedness and Response
Actions for Security-Based Events,’’ and
generically applicable requirements
similar to those previously imposed by
NRC Order EA–02–026, ‘‘Order for
Interim Safeguards and Security
Compensatory Measures,’’ dated
February 25, 2002.
In addition, the EP Final Rule
amended other licensee emergency plan
requirements to: (1) Enhance the ability
of licensees in preparing for and in
taking certain protective actions in the
event of a radiological emergency; (2)
address, in part, security issues
identified after the terrorist events of
September 11, 2001; (3) clarify
regulations to effect consistent
emergency plan implementation among
licensees; and (4) modify certain EP
requirements to be more effective and
efficient. However, the EP Final Rule
was only an enhancement to the NRC’s
regulations and was not necessary for
adequate protection. On page 76 FR
72563 of the Federal Register notice for
the EP Final Rule, the Commission
‘‘determined that the existing regulatory
structure ensures adequate protection of
public health and safety and common
defense and security.’’
3.0 Regulatory Evaluation
In the Final Rule for Storage of Spent
Fuel in NRC-Approved Storage Casks at
Power Reactor Sites (55 FR 29181; July
18, 1990), the NRC amended its
regulations to provide for the storage of
spent nuclear fuel under a general
license on the site of any nuclear power
reactor. In its Statement of
Considerations (SOC) for the Final Rule
(55 FR 29185), the Commission
responded to comments related to
emergency preparedness for spent fuel
dry storage, stating, ‘‘The new 10 CFR
72.32(c) . . . states that, ‘For an ISFSI
that is located on the site of a nuclear
power reactor licensed for operation by
the Commission, the emergency plan
required by 10 CFR 50.47 shall be
deemed to satisfy the requirements of
this Section.’ One condition of the
general license is that the reactor
licensee must review the reactor
emergency plan and modify it as
necessary to cover dry cask storage and
related activities. If the emergency plan
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is in compliance with 10 CFR 50.47,
then it is in compliance with the
Commission’s regulations with respect
to dry cask storage.’’
In the SOC for the Final Rule for EP
requirements for ISFSIs and Monitored
Retrievable Storage Installation (MRS)
(60 FR 32430; June 22, 1995), the
Commission stated, in part, that
‘‘current reactor emergency plans cover
all at-or near reactor ISFSI’s. An ISFSI
that is to be licensed for a stand-alone
operation will need an emergency plan
established in accordance with the
requirements in this rulemaking’’ (60 FR
32431). The Commission responded to
comments (60 FR 32435) concerning
offsite emergency planning for ISFSIs or
an MRS and concluded that ‘‘the offsite
consequences of potential accidents at
an ISFSI or a MRS would not warrant
establishing Emergency Planning
Zones.’’
As part of the review for YAEC’s
current exemption request, the staff also
used the EP regulations in 10 CFR 72.32
and Spent Fuel Project Office Interim
Staff Guidance (ISG)—16, ‘‘Emergency
Planning,’’ (ADAMS Accession No.
ML003724570) as references to ensure
consistency between specific-licensed
and general-licensed ISFSIs.
4.0 Technical Evaluation
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. The staff
reviewed this request to determine
whether the specific exemptions should
be granted, and the staff evaluation (SE)
is provided in its letter to YAEC, dated
May 7, 2013, (ADAMS Accession No.
ML13121A560). After evaluating the
exemption requests, the staff
determined that the YAEC should be
granted the exemptions detailed in the
SE.
The NRC has found that the YAEC
meets the criteria for an exemption in 10
CFR 50.12. The NRC has determined
that granting the exemption will not
result in a violation of the Atomic
Energy Act of 1954, as amended, or the
Commission’s regulations. Therefore,
the exemption is authorized by law.
As noted in Section 2.0, ‘‘Discussion,’’
above, the YAEC’s compliance with the
EP requirements that were in effect
before the effective date of the EP Final
Rule demonstrated reasonable assurance
of adequate protection of public health
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and safety and common defense and
security. In its SE., the NRC staff
explains that the YAEC’s
implementation of its Emergency Plan,
with the exemptions, will continue to
provide this reasonable assurance of
adequate protection. Thus, granting the
exemptions will not present an undue
risk to public health or safety and is not
inconsistent with the common defense
and security.
For the Commission to grant an
exemption, special circumstances must
exist. Under 10 CFR 50.12(a)(2)(ii),
special circumstances are present when
‘‘[a]pplication of the regulation in the
particular circumstances would not
serve the underlying purpose of the rule
or is not necessary to achieve the
underlying purpose of the rule.’’ These
special circumstances exist here. The
NRC has determined that the YAEC’s
compliance with the regulations that the
staff describes in its SE is not necessary
for the licensee to demonstrate that,
under its emergency plan, there is
reasonable assurance that adequate
protective measures can and will be
taken in the event of a radiological
emergency. Consequently, special
circumstances are present because
requiring the YAEC to comply with the
regulations that the staff describes in its
SE is not necessary to achieve the
underlying purpose of the EP
regulations.
5.0 Evironmental Assessment (EA)
Identification of Proposed Action: By
letter dated July 19, 2012, the YAEC
submitted a request in accordance with
10 CFR 50.12 for exemption from
specific EP requirements of 10 CFR
50.47 and Appendix E to 10 CFR Part
50 for the YNPS ISFSI. Specifically, the
exemption would eliminate unnecessary
requirements associated with offsite
consequences, protective actions,
hostile action and emergency facilities
due to the current status of the YNPS
ISFSI.
Need for the Proposed Action: In
accordance with 10 CFR 50.82, the 10
CFR Part 50 licensed area for the YNPS
ISFSI has been reduced to a small area
surrounding the ISFSI. In this condition,
the YNPS ISFSI poses a significantly
reduced risk to public health and safety
from design basis accidents or credible
beyond design basis accidents since
these cannot result in radioactive
releases which exceed EPA PAGs at the
site boundary. Because of this reduced
risk, compliance with all the
requirements in 10 CFR 50.47 and 10
CFR Part 50 Appendix E is not
appropriate. The requested exemption
from portions of 10 CFR 50.47 and 10
CFR Part 50 Appendix E is needed to
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continue implementation of the YNPS
Emergency Plan that is appropriate for
a stand-alone ISFSI and is
commensurate with the reduced risk
posed by the facility. The requested
exemption will allow spent fuel storage
to continue without imposing
burdensome and costly new
requirements that provide no increased
safety benefit.
Environmental Impacts of the
Proposed Action: The NRC has
determined that, given the continued
implementation of the YNPS Emergency
Plan, with the exemptions noted in its
SE, no credible events would result in
doses to the public beyond the owner
controlled area boundary that would
exceed the EPA PAGs. Additionally, the
staff has concluded that the YNPS
Emergency Plan, with the exemptions
described in its SE, provides for an
acceptable level of emergency
preparedness at the YNPS facility in its
shutdown and defueled conditon, and
also provides reasonable assurance that
adequate protective measures can and
will be taken in the event of a
radiological emergency at the YNPS
facility. Based on these findings, the
NRC concludes that there are no
radiological environmental impacts due
to granting the approval of the
exemption. The proposed action will
not increase the probability or
consequences of accidents. No changes
are being made in the types or quantities
of effluents that may be released offsite,
and there is no significant increase in
occupational or public radiation
exposure. Therefore, there are no
significant radiological environmental
impacts associated with the proposed
action. The proposed action does not
affect non-radiological plant effluents
and has no other environmental impact.
Therefore, there are no significant nonradiological impacts associated with the
proposed action. Based on the
assessment above, the proposed action
will not have a significant effect on the
quality of the human environment.
Alternative to the Proposed Action:
Since there is no significant
environmental impact associated with
the proposed action, any alternatives
with equal or greater environmental
impact are not evaluated. The
alternative to the proposed action would
be to deny approval of the exemption.
This alternative would have the same
environmental impact.
Finding of No Significant Impact
The environmental impacts of the
proposed action have been reviewed in
accordance with the requirements set
forth in 10 CFR Part 51. Based upon the
EA, the NRC finds that the proposed
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action of granting an exemption will not
significantly impact the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed exemption.
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6.0 Conclusion
The NRC concludes that the licensee’s
request for an exemption from certain
requirements of 10 CFR 50.47(b) and 10
CFR Part 50, Appendix E, Section IV as
specified in this SE are acceptable in
view of the greatly reduced offsite
radiological consequences associated
with the ISFSI.
The YNPS Emergency Plan has been
reviewed against the acceptance criteria
included in 10 CFR 50.47, Appendix E
to 10 CFR Part 50, 10 CFR 72.32 and
Interim Staff Guidance—16. The review
considered the ISFSI and the low
likelihood of any credible accident
resulting in radiological releases
requiring offsite protective measures.
These evaluations were supported by
the previously documented licensee and
staff accident analyses. The staff
concludes that: The YNPS Emergency
Plan provides: (1) An adequate basis for
an acceptable state of emergency
preparedness; and (2) the Emergency
Plan, in conjunction with arrangements
made with offsite response agencies,
provides reasonable assurance that
adequate protective measures can and
will be taken in the event of a
radiological emergency at the YNPS
facility.
The NRC has determined that
pursuant to 10 CFR 50.12, the
exemptions described in the SE are
authorized by law, will not endanger
life or property or the common defense
and security, and are otherwise in the
public interest, and special
circumstances are present.
7.0 Further Information
Documents related to this action,
including the application for renewal
and supporting documentation, are
available electronically at the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access the NRC’s
ADAMS, which provides text and image
files of NRC’s public documents. If you
do not have access to ADAMS or if there
are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737 or by email to
pdr.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s PDR, O 1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
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14:32 Jul 29, 2013
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MD 20852. The PDR reproduction
contractor will copy documents for a
fee.
Dated at Rockville, Maryland, this 17th day
of July 2013.
For the Nuclear Regulatory Commission.
Michele M. Sampson,
Chief, Licensing Branch, Division of Spent
Fuel Storage and Transportation, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2013–18252 Filed 7–29–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–025 and 52–026; NRC–
2008–0252]
Vogtle Electric Generating Station,
Units 3 and 4; Southern Nuclear
Operating Company; Change to the
Primary Sampling System
Nuclear Regulatory
Commission.
ACTION: Exemption and combined
license amendment: issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is granting an
exemption to allow a departure from the
certification information of Tier 1 of the
generic design control document (DCD)
and is issuing License Amendment No.
10 to Combined Licenses (COL), NPF–
91 and NPF–92. The COLs were issued
to Southern Nuclear Operating
Company, Inc., and Georgia Power
Company, Oglethorpe Power
Corporation, Municipal Electric
Authority of Georgia, and the City of
Dalton, Georgia (the licensee); for
construction and operation of the Vogtle
Electric Generating Plant (VEGP), Units
3 and 4, located in Burke County,
Georgia. The amendment requests to
modify the Primary Sampling System
(PSS) design, including changes to Tier
1 information located in Tables 2.2.1–2,
2.3.13–1, and 2.3.13–3, Figures 2.2.1–1
‘‘Containment System’’ and 2.3.13–1
‘‘Primary Sampling System,’’ and
Subsection 2.3.13, ‘‘Primary Sampling
System’’ of the Updated Final Safety
Analysis Report (UFSAR). The granting
of the exemption allows the changes to
Tier 1 information asked for in the
amendment. Because the acceptability
of the exemption was determined in
part by the acceptability of the
amendment, the exemption and
amendment are being issued
concurrently.
SUMMARY:
Please refer to Docket ID
NRC–2008–0252 when contacting the
NRC about the availability of
information regarding this document.
ADDRESSES:
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45987
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced. The request
for the amendment and exemption were
submitted by letter dated December 7,
2012 (ADAMS Accession No.
ML12346A396). The licensee
supplemented this request on January
25, 2013 (ADAMS Accession No.
ML13028A267), and March 29, 2013
(ADAMS Accession No. ML13091A056).
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–6185; email:
Anthony.Minarik@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is granting an exemption
from Paragraph B of Section III, ‘‘Scope
and Contents,’’ of Appendix D, ‘‘Design
Certification Rule for the AP1000,’’ to
part 52 of Title 10 of the Code of Federal
Regulations (10 CFR) and issuing
License Amendment No. 10 to COLs,
NPF–91 and NPF–92, to the licensee.
The exemption is required by Paragraph
A.4 of Section VIII, ‘‘Processes for
Changes and Departures,’’ Appendix D
to 10 CFR part 52 to allow the licensee
to depart from Tier 1 information. With
the requested amendment, the licensee
E:\FR\FM\30JYN1.SGM
30JYN1
Agencies
[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45984-45987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18252]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-029 and 72-31; NRC-2013-0165]
Yankee Atomic Electric Company, Yankee Nuclear Power Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a final
rule amending certain emergency planning (EP) requirements in the
regulations that govern domestic licensing of production and
utilization facilities (November 23, 2011; 76 FR 72560) (EP Final
Rule). The EP Final Rule was effective on December 23, 2011, with
various implementation dates for each of the rule changes.
FOR FURTHER INFORMATION CONTACT: John Goshen, Project Manager, Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-287-9250, email:
john.goshen@nrc.gov.
1.0 Introduction
The Yankee Atomic Electric Company (YAEC) is the holder of
Possession-Only License DPR-3 for the Yankee Nuclear Power Station
(YNPS) facility. The license, issued pursuant to the Atomic Energy Act
of 1954, as amended, and part 50 of Title 10 of the Code of Federal
Regulations (10 CFR), allows YAEC to possess and store spent nuclear
fuel at the permanently shutdown and decommissioned facility under the
provision of 10 CFR part 72, Subpart K, ``General License for Storage
of Spent Fuel at Power Reactor Sites.'' In a letter dated February 27,
1992, (Agencywide Document Access and Management System (ADAMS) Legacy
Accession No. 9203020228), the YAEC informed the NRC that the YNPS had
permanently ceased power operations, removed fuel from the reactor to
the fuel pool and began to develop detailed plans to decommission the
facility. By NRC
[[Page 45985]]
letter of August 5, 1992, (ADAMS Legacy Accession No. 9208110135),
License DPR-3 was modified to a Possession-Only License.
After ceasing operations at the reactor, the YAEC began
transferring spent nuclear fuel from the spent fuel pool to the YNPS
Independent Spent Fuel Storage Installation (ISFSI) for long term dry
storage. The YNPS ISFSI is a vertical dry cask storage facility for
spent nuclear fuel.
On June 19, 2012, the YAEC submitted a letter, ``Request for
Exemption to Revised Emergency Planning Regulations'' (ADAMS Accession
No. ML121810053), requesting exemption from specific EP requirements of
10 CFR 50.47 and Appendix E to 10 CFR part 50 for the YNPS ISFSI.
The YAEC states that this exemption request and its impact on the
corresponding emergency plan: (1) Is authorized by law, (2) will not
present an undue risk to the public health and safety; and (3) is
consistent with the common defense and security in accordance with 10
CFR 50.12. The YAEC states that its intent in submitting this exemption
request is to maintain the regulatory structure in place prior to the
issuance of the EP Final Rule and, therefore, does not propose any
changes to the Emergency Plan or implementing procedures other than
simple regulatory reference changes that can be implemented under 10
CFR 50.54(q).
2.0 Discussion
On July 2, 1992, (ADAMS Legacy Accession No. 9207070401), the YAEC
requested an exemption from the provisions of 10 CFR 50.54(q) that
required emergency plans to meet all of the standards of 10 CFR
50.47(b) and all of the requirements of Appendix E to 10 CFR Part 50 so
that the licensee would have to meet only certain EP standards and
requirements. Additionally, the YAEC requested approval of a proposed
YNPS Defueled Emergency Plan (DEP) that proposed to meet those limited
standards and requirements.
The NRC approved the requested exemption and the DEP on October 30,
1992, (ADAMS Legacy Accession No. 9211050354). The Safety Evaluation
Report (SER) established EP requirements for the YAEC as documented in
the DEP. The NRC staff concluded that the licensee's emergency plan was
acceptable in view of the greatly reduced offsite radiological
consequences associated with the defueled condition of the reactor with
spent nuclear fuel in storage in the spent fuel pool. The staff found
that the postulated dose to the general public from any reasonably
conceivable accident would not exceed the U.S. Environmental Protection
Agency (EPA) Protective Action Guides (PAGs), and for the bounding
accident, the length of time available to respond to a loss of spent
fuel cooling or reduction in water level gave confidence that offsite
measures for the public could be taken without preparation.
The YAEC revised the DEP to incorporate plans for responding to
emergencies that may arise during transfer of spent nuclear fuel and
greater than Class C (GTCC) waste into dry storage at the YNPS ISFSI
and submitted these revisions to the NRC through Revision 10 to the
YAEC DEP on April 10, 2002, (ADAMS Accession No. ML021070683 \1\).
According to YAEC, it had placed all spent nuclear fuel into dry
storage at YNP ISFSI as of May, 2003, (ADAMS Accession No.
ML031750537).
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\1\ Document contains sensitive security related information and
is not publically available.
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On March 8, 2005 (ADAMS Accession No. ML050740396 \1\), YAEC
revised the YAEC DEP under 10 CFR 50.54(q) to reflect that all spent
nuclear fuel had been transferred into the ISFSI, the Spent Fuel Pit
was drained, no significant radiological source term remained on site,
and no emergency action levels could be met or exceeded outside of the
ISFSI. Therefore, the licensee eliminated all portions of the DEP not
related to the ISFSI and transitioned the emergency plan to an ISFSI
emergency plan. The ISFSI emergency plan reflects the emergency
preparedness and response requirements applicable to the YAEC in light
of the exemption granted in 1992. The basis for those exemptions has
not changed since the exemptions were granted in 1992; therefore the
YAEC continues to be exempt from the EP requirements for which the NRC
previously granted exemptions. The current YAEC Emergency Plan for the
ISFSI provides reasonable assurance that adequate protective measures
can and will be taken in the event of a radiological emergency at the
YR ISFSI for the same reasons that the NRC found that the DEP met the
applicable EP requirements in 1992. Since the NRC issued the approval
and SER for the original YR DEP, the YAEC has not requested nor
received substantive exemptions from emergency planning requirements.
Revision 17 of the YNPS Emergency Plan, dated October 31, 2012,
(ADAMS Accession No. ML12321A053 \1\) reflects the current conditions,
where only the ISFSI and its related support systems, structures, and
components remain.
With the EP Final Rule, several requirements in 10 CFR Part 50 were
modified or added, including changes in sections 50.47, and 50.54, and
Appendix E. Specific implementation dates were provided for each EP
rule change. The EP Final Rule codified certain voluntary protective
measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness
and Response Actions for Security-Based Events,'' and generically
applicable requirements similar to those previously imposed by NRC
Order EA-02-026, ``Order for Interim Safeguards and Security
Compensatory Measures,'' dated February 25, 2002.
In addition, the EP Final Rule amended other licensee emergency
plan requirements to: (1) Enhance the ability of licensees in preparing
for and in taking certain protective actions in the event of a
radiological emergency; (2) address, in part, security issues
identified after the terrorist events of September 11, 2001; (3)
clarify regulations to effect consistent emergency plan implementation
among licensees; and (4) modify certain EP requirements to be more
effective and efficient. However, the EP Final Rule was only an
enhancement to the NRC's regulations and was not necessary for adequate
protection. On page 76 FR 72563 of the Federal Register notice for the
EP Final Rule, the Commission ``determined that the existing regulatory
structure ensures adequate protection of public health and safety and
common defense and security.''
3.0 Regulatory Evaluation
In the Final Rule for Storage of Spent Fuel in NRC-Approved Storage
Casks at Power Reactor Sites (55 FR 29181; July 18, 1990), the NRC
amended its regulations to provide for the storage of spent nuclear
fuel under a general license on the site of any nuclear power reactor.
In its Statement of Considerations (SOC) for the Final Rule (55 FR
29185), the Commission responded to comments related to emergency
preparedness for spent fuel dry storage, stating, ``The new 10 CFR
72.32(c) . . . states that, `For an ISFSI that is located on the site
of a nuclear power reactor licensed for operation by the Commission,
the emergency plan required by 10 CFR 50.47 shall be deemed to satisfy
the requirements of this Section.' One condition of the general license
is that the reactor licensee must review the reactor emergency plan and
modify it as necessary to cover dry cask storage and related
activities. If the emergency plan
[[Page 45986]]
is in compliance with 10 CFR 50.47, then it is in compliance with the
Commission's regulations with respect to dry cask storage.''
In the SOC for the Final Rule for EP requirements for ISFSIs and
Monitored Retrievable Storage Installation (MRS) (60 FR 32430; June 22,
1995), the Commission stated, in part, that ``current reactor emergency
plans cover all at-or near reactor ISFSI's. An ISFSI that is to be
licensed for a stand-alone operation will need an emergency plan
established in accordance with the requirements in this rulemaking''
(60 FR 32431). The Commission responded to comments (60 FR 32435)
concerning offsite emergency planning for ISFSIs or an MRS and
concluded that ``the offsite consequences of potential accidents at an
ISFSI or a MRS would not warrant establishing Emergency Planning
Zones.''
As part of the review for YAEC's current exemption request, the
staff also used the EP regulations in 10 CFR 72.32 and Spent Fuel
Project Office Interim Staff Guidance (ISG)--16, ``Emergency
Planning,'' (ADAMS Accession No. ML003724570) as references to ensure
consistency between specific-licensed and general-licensed ISFSIs.
4.0 Technical Evaluation
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. The staff reviewed this
request to determine whether the specific exemptions should be granted,
and the staff evaluation (SE) is provided in its letter to YAEC, dated
May 7, 2013, (ADAMS Accession No. ML13121A560). After evaluating the
exemption requests, the staff determined that the YAEC should be
granted the exemptions detailed in the SE.
The NRC has found that the YAEC meets the criteria for an exemption
in 10 CFR 50.12. The NRC has determined that granting the exemption
will not result in a violation of the Atomic Energy Act of 1954, as
amended, or the Commission's regulations. Therefore, the exemption is
authorized by law.
As noted in Section 2.0, ``Discussion,'' above, the YAEC's
compliance with the EP requirements that were in effect before the
effective date of the EP Final Rule demonstrated reasonable assurance
of adequate protection of public health and safety and common defense
and security. In its SE., the NRC staff explains that the YAEC's
implementation of its Emergency Plan, with the exemptions, will
continue to provide this reasonable assurance of adequate protection.
Thus, granting the exemptions will not present an undue risk to public
health or safety and is not inconsistent with the common defense and
security.
For the Commission to grant an exemption, special circumstances
must exist. Under 10 CFR 50.12(a)(2)(ii), special circumstances are
present when ``[a]pplication of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule.'' These
special circumstances exist here. The NRC has determined that the
YAEC's compliance with the regulations that the staff describes in its
SE is not necessary for the licensee to demonstrate that, under its
emergency plan, there is reasonable assurance that adequate protective
measures can and will be taken in the event of a radiological
emergency. Consequently, special circumstances are present because
requiring the YAEC to comply with the regulations that the staff
describes in its SE is not necessary to achieve the underlying purpose
of the EP regulations.
5.0 Evironmental Assessment (EA)
Identification of Proposed Action: By letter dated July 19, 2012,
the YAEC submitted a request in accordance with 10 CFR 50.12 for
exemption from specific EP requirements of 10 CFR 50.47 and Appendix E
to 10 CFR Part 50 for the YNPS ISFSI. Specifically, the exemption would
eliminate unnecessary requirements associated with offsite
consequences, protective actions, hostile action and emergency
facilities due to the current status of the YNPS ISFSI.
Need for the Proposed Action: In accordance with 10 CFR 50.82, the
10 CFR Part 50 licensed area for the YNPS ISFSI has been reduced to a
small area surrounding the ISFSI. In this condition, the YNPS ISFSI
poses a significantly reduced risk to public health and safety from
design basis accidents or credible beyond design basis accidents since
these cannot result in radioactive releases which exceed EPA PAGs at
the site boundary. Because of this reduced risk, compliance with all
the requirements in 10 CFR 50.47 and 10 CFR Part 50 Appendix E is not
appropriate. The requested exemption from portions of 10 CFR 50.47 and
10 CFR Part 50 Appendix E is needed to continue implementation of the
YNPS Emergency Plan that is appropriate for a stand-alone ISFSI and is
commensurate with the reduced risk posed by the facility. The requested
exemption will allow spent fuel storage to continue without imposing
burdensome and costly new requirements that provide no increased safety
benefit.
Environmental Impacts of the Proposed Action: The NRC has
determined that, given the continued implementation of the YNPS
Emergency Plan, with the exemptions noted in its SE, no credible events
would result in doses to the public beyond the owner controlled area
boundary that would exceed the EPA PAGs. Additionally, the staff has
concluded that the YNPS Emergency Plan, with the exemptions described
in its SE, provides for an acceptable level of emergency preparedness
at the YNPS facility in its shutdown and defueled conditon, and also
provides reasonable assurance that adequate protective measures can and
will be taken in the event of a radiological emergency at the YNPS
facility. Based on these findings, the NRC concludes that there are no
radiological environmental impacts due to granting the approval of the
exemption. The proposed action will not increase the probability or
consequences of accidents. No changes are being made in the types or
quantities of effluents that may be released offsite, and there is no
significant increase in occupational or public radiation exposure.
Therefore, there are no significant radiological environmental impacts
associated with the proposed action. The proposed action does not
affect non-radiological plant effluents and has no other environmental
impact. Therefore, there are no significant non-radiological impacts
associated with the proposed action. Based on the assessment above, the
proposed action will not have a significant effect on the quality of
the human environment.
Alternative to the Proposed Action: Since there is no significant
environmental impact associated with the proposed action, any
alternatives with equal or greater environmental impact are not
evaluated. The alternative to the proposed action would be to deny
approval of the exemption. This alternative would have the same
environmental impact.
Finding of No Significant Impact
The environmental impacts of the proposed action have been reviewed
in accordance with the requirements set forth in 10 CFR Part 51. Based
upon the EA, the NRC finds that the proposed
[[Page 45987]]
action of granting an exemption will not significantly impact the
quality of the human environment. Accordingly, the NRC has determined
not to prepare an environmental impact statement for the proposed
exemption.
6.0 Conclusion
The NRC concludes that the licensee's request for an exemption from
certain requirements of 10 CFR 50.47(b) and 10 CFR Part 50, Appendix E,
Section IV as specified in this SE are acceptable in view of the
greatly reduced offsite radiological consequences associated with the
ISFSI.
The YNPS Emergency Plan has been reviewed against the acceptance
criteria included in 10 CFR 50.47, Appendix E to 10 CFR Part 50, 10 CFR
72.32 and Interim Staff Guidance--16. The review considered the ISFSI
and the low likelihood of any credible accident resulting in
radiological releases requiring offsite protective measures. These
evaluations were supported by the previously documented licensee and
staff accident analyses. The staff concludes that: The YNPS Emergency
Plan provides: (1) An adequate basis for an acceptable state of
emergency preparedness; and (2) the Emergency Plan, in conjunction with
arrangements made with offsite response agencies, provides reasonable
assurance that adequate protective measures can and will be taken in
the event of a radiological emergency at the YNPS facility.
The NRC has determined that pursuant to 10 CFR 50.12, the
exemptions described in the SE are authorized by law, will not endanger
life or property or the common defense and security, and are otherwise
in the public interest, and special circumstances are present.
7.0 Further Information
Documents related to this action, including the application for
renewal and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's ADAMS, which
provides text and image files of NRC's public documents. If you do not
have access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the NRC Public Document Room (PDR)
Reference staff at 1-800-397-4209, 301-415-4737 or by email to
pdr.resource@nrc.gov. These documents may also be viewed electronically
on the public computers located at the NRC's PDR, O 1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy documents for a fee.
Dated at Rockville, Maryland, this 17th day of July 2013.
For the Nuclear Regulatory Commission.
Michele M. Sampson,
Chief, Licensing Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-18252 Filed 7-29-13; 8:45 am]
BILLING CODE 7590-01-P