Zion Solutions, LLC; Zion Nuclear Power Station, Units 1 and 2; Exemption From Certain Physical Security Requirements 1.0 Background, 79017-79018 [2013-31086]
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Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
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any information in your submission that
you do not want to be publicly
disclosed. Comments submitted should
reference Docket No. NRC–2013–0270.
You may submit your comments by any
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comments go to https://
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Docket No. NRC–2013–0270. Mail
comments to the NRC Clearance Officer,
Tremaine Donnell (T–5 F53), U.S.
Nuclear Regulatory Commission,
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Donnell (T–5 F53), U.S. Nuclear
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DC 20555–0001; telephone at 301–415–
6258, or by email to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 20th day
of December, 2013.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2013–31028 Filed 12–26–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–295 and 50–304; NRC–
2011–0145]
tkelley on DSK3SPTVN1PROD with NOTICES
Zion Solutions, LLC; Zion Nuclear
Power Station, Units 1 and 2;
Exemption From Certain Physical
Security Requirements 1.0
Background
Zion Nuclear Power Station (ZNPS)
Units 1 and 2 were permanently shut
down in February 1998, for economic
reasons. On February 13, 1998, ComEd,
the licensee at that time, submitted a
letter certifying the permanent cessation
of operations at ZNPS, Units 1 and 2.
On March 9, 1998, ComEd submitted a
letter certifying the permanent removal
of fuel from the reactor vessels at ZNPS.
Pursuant to Title 10, Code of Federal
Regulations (10 CFR) 50.82(a)(2), upon
docketing of the certification for
permanent cessation of operations and
permanent removal of fuel from the
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
reactor vessels, the 10 CFR part 50
license no longer authorizes operation
of the reactor or emplacement or
retention of fuel into the reactor vessel.
Subsequently ZNPS was placed in
SAFSTOR. SAFSTOR is an NRC
approved method of decommissioning a
nuclear facility where the nuclear
facility is placed and maintained in
such condition that the nuclear facility
can be safely stored and subsequently
decontaminated to safe levels. All
irradiated fuel is currently stored in the
spent fuel pool at ZNPS. In September
2010, ownership of the permanently
shut down facility and responsibility for
its decommissioning was transferred to
ZionSolutions (ZS), a subsidiary of
EnergySolutions. ZS was established
solely for the purpose of acquiring and
decommissioning the ZNPS for release
for unrestricted use, while transferring
the spent nuclear fuel and Greater-ThanClass C (GTCC) radioactive waste to the
ZNPS Independent Spent Fuel Storage
Installation (ISFSI). As part of the
process ZS revised the ZNPS Physical
Security Plan (PSP) for the protection of
the nuclear material while in transit to,
and while stored in, the ISFSI.
On December 2, 2010, ZNPS
submitted a letter to the NRC (Document
contains sensitive security related
information and is not publically
available) regarding compliance with
the new physical security requirements
in 10 CFR 73.55. The December 2, 2010,
letter included exemption requests for
portions of 10 CFR 73.55 which ZNPS
believed no longer applied to their
facility due to their permanently shutdown and defueled condition. On
November 10, 2011, the NRC issued a
letter to ZNPS (Agencywide Documents
Access Management System (ADAMS)
Accession Number ML112010331)
providing the Commission’s
determination regarding the exemptions
which ZNPS requested. During the
technical review of the ZNPS exemption
request, staff completed a Safety
Evaluation Report (SER) (Document
contains sensitive security related
information and is not publically
available). The staff concluded that
exemptions from the following
provisions should be granted: 10 CFR
73.55(c)(5); 10 CFR 73.55(h)(3)(ii); 10
CFR 73.55(i)(4)(i); 10 CFR
73.55(i)(4)(ii)(G); 10 CFR 73.55(k)(5)(ii);
10 CFR 73.55(k)(5)(iii); 10 CFR
73.55(n)(i); 10 CFR 73.55(n)(ii); 10 CFR
73.55(n)(iii); 10 CFR 73.55(p)(1)(i); and
10 CFR 73.55(p)(ii).
2.0 Request/Action
Section 50.54(p)(1) of 10 CFR states,
‘‘The licensee shall prepare and
maintain safeguards contingency plan
PO 00000
Frm 00208
Fmt 4703
Sfmt 4703
79017
procedures in accordance with
Appendix C of part 73 of this chapter for
affecting the actions and decisions
contained in the Responsibility Matrix
of the safeguards contingency plan.’’
Part 73 of 10 CFR, ‘‘Physical
Protection of Plant and Materials,’’
provides, ‘‘This part prescribes
requirements for the establishment and
maintenance of a physical protection
system which will have capabilities for
the protection of special nuclear
material at fixed sites and in transit and
of plants in which special nuclear
material is used.’’ In section 73.55,
entitled ‘‘Requirements for physical
protection of licensed activities in
nuclear power reactors against
radiological sabotage,’’ paragraph (b)(1)
states, ‘‘The licensee shall establish and
maintain a physical protection program,
to include a security organization,
which will have as its objective to
provide high assurance that activities
involving special nuclear material are
not inimical to the common defense and
security and do not constitute an
unreasonable risk to the public health
and safety.’’
By application dated June 18, 2012
(ADAMS Accession No. ML12179A498),
as supplemented by letters dated June 5,
2013 (ADAMS Accession No.
ML13157A308) and October 4, 2013
(ADAMS Accession No. ML13283A004),
ZS submitted a proposed revision to the
ZNPS PSP which included a transfer
plan that described the ZNPS plan for
moving spent fuel currently in wet
spent fuel storage to dry cask storage at
the ZNPS ISFSI Facility. ZS also
submitted the proposed ZNPS ISFSI
PSP. Associated with the submittal of
the revised and new PSPs, ZS submitted
exemption requests from 10 CFR
73.55(c)(5); 10 CFR 73.55(h)(3)(ii); 10
CFR 73.55(i)(4)(i); 10 CFR
73.55(i)(4)(ii)(G); 10 CFR 73.55(k)(5)(ii);
and 10 CFR 73.55(k)(5)(iii) for the ZNPS
facility and ISFSI.
3.0 Discussion
Pursuant to 10 CFR 73.5, ‘‘Specific
exemptions,’’ the Commission may
grant exemptions from the regulations
in this part either at the request of a
licensee or on its own initiative as it
determines are authorized by law and
will not endanger life or property or the
common defense and security, and are
otherwise in the public interest.
The NRC evaluated the proposed
exemptions and documented the review
in a Safety Evaluation which contains
safeguards information and has been
withheld from public disclosure
pursuant to 10 CFR 2.390(d)(1).
The NRC determined that the ZNPS
ISFSI PSP is adequate, and consistent
E:\FR\FM\27DEN1.SGM
27DEN1
79018
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
with the reduced radiological risk and
protective strategy for a
decommissioning facility or a standalone ISFSI. As discussed in the SER,
and consistent with the Commission’s
authority 10 CFR 73.5, the Commission
is issuing exemptions from the
following requirements:10 CFR
73.55(c)(5); 10 CFR 73.55(h)(3)(ii); 10
CFR(i)(2); 10 CFR 73.55(i)(4)(i); 10 CFR
73.55(i)(4)(ii)(G); 10 CFR 73.55(k)(5)(ii);
10 CFR 73.55(k)(5)(iii); 10 CFR
73.55(n)(i); 10 CFR 73.55(n)(ii); 10 CFR
73.55(n)(iii); 10 CFR 73.55(p)(1)(i); and
10 CFR 73.55(p)(ii).
In Enclosure 1 to ZNPS letter of
October 4, 2013, ZNPS requested that
NRC affirm that specific exemptions
previously granted to ZNPS for the
defueled reactor as also applicable for
the ZNPS ISFSI PSP. Specifically, the
licensee requested affirmation of the
exemptions to the following
requirements for the ISFSI PSP: 10 CFR
73.55(b)(3)(i); 10 CFR 73.55(b)(4); 10
CFR 73.55(b)(6); 10 CFR 73.55(b)(9); 10
CFR 73.55(c)(4); 10 CFR 73.55(d)(3)(i);
10 CFR 73.55(e)–(e)(1)(i); 10 CFR
73.55(e)(7)(i)–(ii); 10 CFR 73.55(e)(9)(1)–
(vi); 10 CFR 73.55(e)(10)(ii); 10 CFR
73.55(f)(1)–(4); 10 CFR 73.55(h)(2); 10
CFR 73.55(i); 10 CFR 73.55(i)(2); and 10
CFR 73.55(k)(1).
The ZNPS ISFSI PSP is, however, a
stand-alone security plan that has been
evaluated against the requirements of 10
CFR part 73. No application of a
previous exemption is necessary.
Based on the evaluation in the
associated safety evaluation, which
considered the permanently shut-down
and defueled conditions at the ZNPS,
and the new ZNPS ISFSI facility where
the fuel will be located within the
protected area of the dry storage facility,
the NRC has concluded that: (1) there is
reasonable assurance that the health and
safety of the public will not be
endangered by granting said
exemptions; (2) such activities will be
conducted in compliance with the
Commission’s regulations and orders;
and (3) the approval of these
exemptions will not be inimical to the
common defense and security or the
health and safety of the public and are
otherwise in the public interest. These
conclusions are discussed in greater
detail in the staff’s SER.
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
73.5, an exemption is authorized by law,
will not endanger life or property or the
common defense and security, and is
otherwise in the public interest based
on permanently shut down and
defueled conditions at the ZNPS.
Therefore, the Commission hereby
grants ZionSolutions an exemption from
the requirements of 10 CFR part 73 as
delineated above.
Pursuant to 10 CFR 51.22(c)(25), the
Commission has determined the
granting of these exemptions is
categorically excluded and pursuant to
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared. The
exemption involves safeguard plans, as
described in 10 CFR 51.22(c)(25)(vi)(F).
Approval of this exemption request
involves no significant hazards
consideration; no significant change in
the types or significant increase in the
amounts of any effluents that may be
released offsite; no significant increase
in individual or cumulative public or
occupational radiation exposure; no
significant construction impact; and no
significant increase in the potential for
or consequences from radiological
accidents.
These exemptions are effective upon
issuance.
Dated at Rockville, Maryland, this 13th day
of December 2013.
For the Nuclear Regulatory Commission.
Aby Mohseni,
Deputy Director, Environmental Protection
and Performance Assessment Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. 2013–31086 Filed 12–26–13; 8:45 am]
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Deuterium
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received the following request for an
export license. Copies of the request are
available electronically through ADAMS
and can be accessed through the Public
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https://www.nrc.gov/reading-rm.html at
the NRC Homepage.
A request for a hearing or petition for
leave to intervene may be filed within
thirty days after publication of this
notice in the Federal Register. Any
request for hearing or petition for leave
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Counsel, U.S. Nuclear Regulatory
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U.S. Department of State, Washington,
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A request for a hearing or petition for
leave to intervene may be filed with the
NRC electronically in accordance with
NRC’s E-Filing rule promulgated in
August 2007, 72 FR 49139 (Aug. 28,
2007). Information about filing
electronically is available on the NRC’s
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site-help/e-submittals.html. To ensure
timely electronic filing, at least 5 (five)
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petitioner/requestor should contact the
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In addition to a request for hearing or
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please take notice that the U.S. Nuclear
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Agencies
[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 79017-79018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31086]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304; NRC-2011-0145]
Zion Solutions, LLC; Zion Nuclear Power Station, Units 1 and 2;
Exemption From Certain Physical Security Requirements 1.0 Background
Zion Nuclear Power Station (ZNPS) Units 1 and 2 were permanently
shut down in February 1998, for economic reasons. On February 13, 1998,
ComEd, the licensee at that time, submitted a letter certifying the
permanent cessation of operations at ZNPS, Units 1 and 2. On March 9,
1998, ComEd submitted a letter certifying the permanent removal of fuel
from the reactor vessels at ZNPS. Pursuant to Title 10, Code of Federal
Regulations (10 CFR) 50.82(a)(2), upon docketing of the certification
for permanent cessation of operations and permanent removal of fuel
from the reactor vessels, the 10 CFR part 50 license no longer
authorizes operation of the reactor or emplacement or retention of fuel
into the reactor vessel. Subsequently ZNPS was placed in SAFSTOR.
SAFSTOR is an NRC approved method of decommissioning a nuclear facility
where the nuclear facility is placed and maintained in such condition
that the nuclear facility can be safely stored and subsequently
decontaminated to safe levels. All irradiated fuel is currently stored
in the spent fuel pool at ZNPS. In September 2010, ownership of the
permanently shut down facility and responsibility for its
decommissioning was transferred to ZionSolutions (ZS), a subsidiary of
EnergySolutions. ZS was established solely for the purpose of acquiring
and decommissioning the ZNPS for release for unrestricted use, while
transferring the spent nuclear fuel and Greater-Than-Class C (GTCC)
radioactive waste to the ZNPS Independent Spent Fuel Storage
Installation (ISFSI). As part of the process ZS revised the ZNPS
Physical Security Plan (PSP) for the protection of the nuclear material
while in transit to, and while stored in, the ISFSI.
On December 2, 2010, ZNPS submitted a letter to the NRC (Document
contains sensitive security related information and is not publically
available) regarding compliance with the new physical security
requirements in 10 CFR 73.55. The December 2, 2010, letter included
exemption requests for portions of 10 CFR 73.55 which ZNPS believed no
longer applied to their facility due to their permanently shut-down and
defueled condition. On November 10, 2011, the NRC issued a letter to
ZNPS (Agencywide Documents Access Management System (ADAMS) Accession
Number ML112010331) providing the Commission's determination regarding
the exemptions which ZNPS requested. During the technical review of the
ZNPS exemption request, staff completed a Safety Evaluation Report
(SER) (Document contains sensitive security related information and is
not publically available). The staff concluded that exemptions from the
following provisions should be granted: 10 CFR 73.55(c)(5); 10 CFR
73.55(h)(3)(ii); 10 CFR 73.55(i)(4)(i); 10 CFR 73.55(i)(4)(ii)(G); 10
CFR 73.55(k)(5)(ii); 10 CFR 73.55(k)(5)(iii); 10 CFR 73.55(n)(i); 10
CFR 73.55(n)(ii); 10 CFR 73.55(n)(iii); 10 CFR 73.55(p)(1)(i); and 10
CFR 73.55(p)(ii).
2.0 Request/Action
Section 50.54(p)(1) of 10 CFR states, ``The licensee shall prepare
and maintain safeguards contingency plan procedures in accordance with
Appendix C of part 73 of this chapter for affecting the actions and
decisions contained in the Responsibility Matrix of the safeguards
contingency plan.''
Part 73 of 10 CFR, ``Physical Protection of Plant and Materials,''
provides, ``This part prescribes requirements for the establishment and
maintenance of a physical protection system which will have
capabilities for the protection of special nuclear material at fixed
sites and in transit and of plants in which special nuclear material is
used.'' In section 73.55, entitled ``Requirements for physical
protection of licensed activities in nuclear power reactors against
radiological sabotage,'' paragraph (b)(1) states, ``The licensee shall
establish and maintain a physical protection program, to include a
security organization, which will have as its objective to provide high
assurance that activities involving special nuclear material are not
inimical to the common defense and security and do not constitute an
unreasonable risk to the public health and safety.''
By application dated June 18, 2012 (ADAMS Accession No.
ML12179A498), as supplemented by letters dated June 5, 2013 (ADAMS
Accession No. ML13157A308) and October 4, 2013 (ADAMS Accession No.
ML13283A004), ZS submitted a proposed revision to the ZNPS PSP which
included a transfer plan that described the ZNPS plan for moving spent
fuel currently in wet spent fuel storage to dry cask storage at the
ZNPS ISFSI Facility. ZS also submitted the proposed ZNPS ISFSI PSP.
Associated with the submittal of the revised and new PSPs, ZS submitted
exemption requests from 10 CFR 73.55(c)(5); 10 CFR 73.55(h)(3)(ii); 10
CFR 73.55(i)(4)(i); 10 CFR 73.55(i)(4)(ii)(G); 10 CFR 73.55(k)(5)(ii);
and 10 CFR 73.55(k)(5)(iii) for the ZNPS facility and ISFSI.
3.0 Discussion
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission
may grant exemptions from the regulations in this part either at the
request of a licensee or on its own initiative as it determines are
authorized by law and will not endanger life or property or the common
defense and security, and are otherwise in the public interest.
The NRC evaluated the proposed exemptions and documented the review
in a Safety Evaluation which contains safeguards information and has
been withheld from public disclosure pursuant to 10 CFR 2.390(d)(1).
The NRC determined that the ZNPS ISFSI PSP is adequate, and
consistent
[[Page 79018]]
with the reduced radiological risk and protective strategy for a
decommissioning facility or a stand-alone ISFSI. As discussed in the
SER, and consistent with the Commission's authority 10 CFR 73.5, the
Commission is issuing exemptions from the following requirements:10 CFR
73.55(c)(5); 10 CFR 73.55(h)(3)(ii); 10 CFR(i)(2); 10 CFR
73.55(i)(4)(i); 10 CFR 73.55(i)(4)(ii)(G); 10 CFR 73.55(k)(5)(ii); 10
CFR 73.55(k)(5)(iii); 10 CFR 73.55(n)(i); 10 CFR 73.55(n)(ii); 10 CFR
73.55(n)(iii); 10 CFR 73.55(p)(1)(i); and 10 CFR 73.55(p)(ii).
In Enclosure 1 to ZNPS letter of October 4, 2013, ZNPS requested
that NRC affirm that specific exemptions previously granted to ZNPS for
the defueled reactor as also applicable for the ZNPS ISFSI PSP.
Specifically, the licensee requested affirmation of the exemptions to
the following requirements for the ISFSI PSP: 10 CFR 73.55(b)(3)(i); 10
CFR 73.55(b)(4); 10 CFR 73.55(b)(6); 10 CFR 73.55(b)(9); 10 CFR
73.55(c)(4); 10 CFR 73.55(d)(3)(i); 10 CFR 73.55(e)-(e)(1)(i); 10 CFR
73.55(e)(7)(i)-(ii); 10 CFR 73.55(e)(9)(1)-(vi); 10 CFR
73.55(e)(10)(ii); 10 CFR 73.55(f)(1)-(4); 10 CFR 73.55(h)(2); 10 CFR
73.55(i); 10 CFR 73.55(i)(2); and 10 CFR 73.55(k)(1).
The ZNPS ISFSI PSP is, however, a stand-alone security plan that
has been evaluated against the requirements of 10 CFR part 73. No
application of a previous exemption is necessary.
Based on the evaluation in the associated safety evaluation, which
considered the permanently shut-down and defueled conditions at the
ZNPS, and the new ZNPS ISFSI facility where the fuel will be located
within the protected area of the dry storage facility, the NRC has
concluded that: (1) there is reasonable assurance that the health and
safety of the public will not be endangered by granting said
exemptions; (2) such activities will be conducted in compliance with
the Commission's regulations and orders; and (3) the approval of these
exemptions will not be inimical to the common defense and security or
the health and safety of the public and are otherwise in the public
interest. These conclusions are discussed in greater detail in the
staff's SER.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, an exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
public interest based on permanently shut down and defueled conditions
at the ZNPS. Therefore, the Commission hereby grants ZionSolutions an
exemption from the requirements of 10 CFR part 73 as delineated above.
Pursuant to 10 CFR 51.22(c)(25), the Commission has determined the
granting of these exemptions is categorically excluded and pursuant to
10 CFR 51.22(b), no environmental impact statement or environmental
assessment need be prepared. The exemption involves safeguard plans, as
described in 10 CFR 51.22(c)(25)(vi)(F). Approval of this exemption
request involves no significant hazards consideration; no significant
change in the types or significant increase in the amounts of any
effluents that may be released offsite; no significant increase in
individual or cumulative public or occupational radiation exposure; no
significant construction impact; and no significant increase in the
potential for or consequences from radiological accidents.
These exemptions are effective upon issuance.
Dated at Rockville, Maryland, this 13th day of December 2013.
For the Nuclear Regulatory Commission.
Aby Mohseni,
Deputy Director, Environmental Protection and Performance Assessment
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. 2013-31086 Filed 12-26-13; 8:45 am]
BILLING CODE 7590-01-P