Zion Solutions, LLC; Zion Nuclear Power Station, Units 1 and 2; Exemption From Certain Physical Security Requirements 1.0 Background, 79017-79018 [2013-31086]

Download as PDF Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices the NRC’s Web site: http://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 submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including 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 of the following methods: Electronic comments go to http:// www.regulations.gov and search for Docket No. NRC–2013–0270. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, 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] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Request for a License To Export Deuterium Regulatory Commission (NRC) has received the following request for an export license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room (PERR) link http://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 to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Office of Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. 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 public Web site at http://www.nrc.gov/ site-help/e-submittals.html. To ensure timely electronic filing, at least 5 (five) days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by email at HEARINGDOCKET@NRC.GOV, or by calling (301) 415–1677, to request a digital ID certificate and allow for the creation of an electronic docket. In addition to a request for hearing or petition for leave to intervene, written comments, in accordance with 10 CFR 110.81, should be submitted within thirty (30) days after publication of this notice in the Federal Register to Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and Adjudications. The information concerning this export license application follows. Pursuant to 10 CFR 110.70 (b) ‘‘Public Notice of Receipt of an Application,’’ please take notice that the U.S. Nuclear PO 00000 Frm 00209 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1

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