Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit 3, 71800-71803 [2014-28423]

Download as PDF 71800 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination either before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv). If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ...................... 60 ...................... 20 ...................... 25 ...................... 30 ...................... 40 ...................... 190 .................... 205 .................... A ....................... A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–133; NRC–2014–0225] Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit 3 Nuclear Regulatory Commission. ACTION: Exemption; issuance. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from certain emergency planning requirements in response to an August 14, 2012, request from the Pacific Gas and Electric Company. SUMMARY: VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 Please refer to Docket ID NRC–2014–0225 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0225. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; 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 obtain publicly available documents online in the ADDRESSES: [FR Doc. 2014–28421 Filed 12–2–14; 8:45 am] PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ 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. E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices John B. Hickman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 3017, email: John.Hickman@nrc.gov. FOR FURTHER INFORMATION CONTACT: tkelley on DSK3SPTVN1PROD with NOTICES I. Background On July 2, 1976, Humboldt Bay Power Plant (HBPP) Unit 3 was shut down for annual refueling and to conduct seismic modifications. The unit was never restarted. In 1983, updated economic analyses indicated that restarting Unit 3 would probably not be cost-effective, and in June 1983, Pacific Gas and Electric Company (PG&E) announced its intention to decommission the unit. On July 16, 1985, the U.S. Nuclear Regulatory Commission (NRC or Commission) issued Amendment No. 19 to the HBPP Unit 3 Operating License to change the status to possess-but-notoperate. (ADAMS Accession No. 8507260045.) In December of 2008, the transfer of spent fuel from the fuel storage pool to the dry-cask Independent Spent Fuel Storage Installation (ISFSI) was completed, and the decontamination and dismantlement phase of HBPP Unit 3 decommissioning commenced. Active decommissioning is currently underway. II. Request/Action Section 50.47, ‘‘Emergency Plans,’’ of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR part 50) provides in part, ‘‘. . . no initial operating license for a nuclear power reactor will be issued unless a finding is made by the NRC that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.’’ Appendix E, ‘‘Emergency Planning and Preparedness for Production and Utilization Facilities,’’ to 10 CFR part 50 provides in part, ‘‘This appendix establishes minimum requirements for emergency plans for use in attaining an acceptable state of emergency preparedness.’’ On November 23, 2011, the NRC issued a Final Rule modifying or adding emergency planning (EP) requirements in Section 50.47, Section 50.54, and Appendix E of 10 CFR part 50 (76 FR 72560). The EP Final Rule was effective on December 23, 2011, with specific implementation dates for each of the rule changes, varying from the effective date of the Final Rule through December 31, 2015. 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 VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 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 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 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.’’ By letter dated August 14, 2012, (ADAMS Accession No. ML12236A327) PG&E submitted a, ‘‘Request for Exemption from Specific 10 CFR 50 Requirements Regarding Enhancements to Emergency Preparedness Regulations,’’ requesting exemption from specific emergency planning requirements of 10 CFR 50.47 and Appendix E to 10 CFR part 50 for the HBPP ISFSI. III. Discussion Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50 when (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. The NRC staff reviewed the licensee’s request and determined that exemptions were previously granted or should be granted from the following requirements: the requirement: ‘‘arrangements to accommodate State and local staff at the licensee’s Emergency Operations Facility have been made’’ of 10 CFR 50.47(b)(3); the requirement: ‘‘and State and local response plans call for reliance on information provided by facility licensees for determinations of minimum initial offsite response measures’’ of 10 CFR 50.47(b)(4); the requirement of 10 CFR 50.47(b)(10); the requirement: ‘‘and onsite protective PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 71801 actions during hostile action’’ of 10 CFR part 50, Appendix E, Section IV.1; the requirement of 10 CFR part 50, Appendix E, Section IV.2; the requirement of 10 CFR part 50, Appendix E, Section IV.3; the requirement of 10 CFR part 50, Appendix E, Section IV.4; the requirement of 10 CFR part 50, Appendix E, Section IV.5; the requirement of 10 CFR part 50, Appendix E, Section IV.6; the requirement: ‘‘By June 23, 2014,’’ ‘‘a description of the,’’ and ‘‘including hostile action at the site. For purposes of this appendix, ‘‘hostile action’’ is defined as an act directed toward a nuclear power plant or its personnel that include the use of violent force to destroy equipment, take hostages, and/ or intimidate the licensee to achieve an end. This includes attack by air, land, or water using guns, explosives, projectiles, vehicles, or other devices used to deliver destructive force’’ of 10 CFR part 50, Appendix E, Section IV.A.7; the requirement of 10 CFR part 50, Appendix E, Section IV.A.9; the requirements: ‘‘and outside, and offsite, and, By June 20, 2012, for nuclear power reactor licensees, these action levels must include hostile action that may adversely affect the nuclear power plant’’ of 10 CFR part 50, Appendix E, Section IV.B.1; the requirements: By June 20, 2012,’’ ‘‘within 15 minutes’’ and ‘‘to protect public health and safety provided that any delay in declaration does not deny the State and local authorities the opportunity to implement measures necessary to protect the public health and safety’’ of 10 CFR part 50, Appendix E, Section IV.C.2; the requirement: ‘‘within 15 minutes’’ and ‘‘The licensee shall demonstrate that the appropriate governmental authorities have the capability to make a public alerting and notification decision promptly on being informed by the licensee of an emergency condition. Prior to initial operation greater than 5 percent of rated thermal power of the first reactor at the site, each nuclear power reactor licensee shall demonstrate that administrative and physical means have been established for alerting and providing prompt instructions to the public with the plume exposure pathway EPZ. The design objective of the prompt public alert and notification system shall be to have the capability to essentially complete the initial alerting and notification of the public within the plume exposure pathway EPZ within about 15 minutes. The use of this alerting and notification capability will range from immediate alerting and E:\FR\FM\03DEN1.SGM 03DEN1 tkelley on DSK3SPTVN1PROD with NOTICES 71802 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices notification of the public (within 15 minutes of the time that State and local officials are notified that a situation exists requiring urgent action) to the more likely events where there is substantial time available for the appropriate governmental authorities to make a judgment whether or not to activate the public alert and notification system. The alerting and notification capability shall additionally include administrative and physical means for a backup method of public alerting and notification capable of being used in the event the primary method of alerting and notification is unavailable during an emergency to alert or notify all or portions of the plume exposure pathway EPZ population. The backup method shall have the capability to alert and notify the public within the plume exposure pathway EPZ, but does not need to meet the 15 minute design objective for the primary prompt public alert and notification system. When there is a decision to activate the alert and notification system, the appropriate governmental authorities will determine whether to activate the entire alert and notification system simultaneously or in a graduated or staged manner. The responsibility for activating such a public alert and notification system shall remain with the appropriate governmental authorities’’ of 10 CFR part 50, Appendix E, Section IV.D.3; the requirement: ‘‘onsite technical support center and an emergency operations’’ of 10 CFR part 50, Appendix E, Section IV.E.8.a.(i); the requirement of 10 CFR part 50, Appendix E, Section IV.E.8.a.(ii); the requirement of 10 CFR part 50, Appendix E, Section IV.E.8.b; the requirement of 10 CFR part 50, Appendix E, Section IV.E.8.c; the requirement of 10 CFR part 50, Appendix E, Section IV.E.8.d; the requirement of 10 CFR part 50, Appendix E, Section IV.E.8.e, the requirement of 10 CFR part 50, Appendix E, Section IV.F.2.a; the requirement: ‘‘Nuclear power reactor licensees shall submit exercise scenarios under § 50.4 at least 60 days before use in an exercise required by this paragraph 2.b’’ and ‘‘and offsite’’ and ‘‘(Technical Support Center (TSC), Operations Support Center (OSC), and the Emergency Operations Facility (EOF))’’ of 10 CFR part 50, Appendix E, Section IV.F.2.b; the requirement: ‘‘Such scenarios for nuclear power reactor licensees must include a wide spectrum of radiological releases and events, including hostile action’’ of 10 CFR part 50, Appendix E, Section IV.F.2.i; and the requirement of 10 CFR part 50, Appendix E, Section IV.I. VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 The exemption request was 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 permanently shut-down and defueled status of the reactor, 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 Humboldt Bay Site Emergency Plan provides: (1) An adequate basis for an acceptable state of emergency preparedness, and (2) 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 Humboldt Bay Site. The Commission has concluded 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 above are acceptable in view of the greatly reduced offsite radiological consequences associated with the current plant status as permanently shut-down and spent nuclear fuel is stored in an ISFSI. The NRC has determined that other requirements from which PG&E requested exemptions were not applicable to the HBPP and ISFSI or are being met by the Humboldt Bay Site Emergency Plan or an exemption was not appropriate. Therefore, an exemption was not necessary or was denied for those requirements. Additional information regarding the NRC staff evaluation is documented in a Safety Evaluation Report (ADAMS Accession No. ML13016A210). A. Exemption Is Authorized by Law The NRC has found that PG&E meets the criteria for an exemption in § 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. B. The Exemption Presents No Undue Risk to Public Health and Safety Is Consistent With the Common Defense and Security As noted in Section II., ‘‘REQUEST/ ACTION,’’ above, PG&E’s compliance with the EP requirements in effect before the effective date of the EP Final Rule demonstrated reasonable assurance of adequate protection of the public health and safety and common defense PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 and security. In the Safety Evaluation Report, the NRC staff explains that PG&E’s implementation of the Humboldt Bay Site 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. C. Special Circumstances Are Present For the Commission to grant an exemption, special circumstances must exist. Under § 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 PG&E’s compliance with the regulations listed above 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 PG&E to comply with the regulations listed above is not necessary to achieve the underlying purpose of the EP regulations. D. Environmental Considerations Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to this exemption was published in the Federal Register on October 24, 2014 (79 FR 63647). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. IV. Conclusion The NRC staff reviewed the licensee’s submittals and concludes that the licensee’s request for an exemption from certain requirements of 10 CFR 50.47(b) and Appendix E to10 CFR part 50 as specified above is acceptable in view of the greatly reduced offsite radiological consequences associated with the current plant status as permanently shut down and spent nuclear fuel is stored in an ISFSI. The Commission has determined that, pursuant to 10 CFR 50.12, the exemptions are authorized by law, will not present an undue risk to the public health and safety, are consistent with E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices the common defense and security, and special circumstances are present. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 5th day of November, 2014. For the Nuclear Regulatory Commission. Larry W. Camper, Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2014–28423 Filed 12–2–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0248] Performance Review Boards for Senior Executive Service Nuclear Regulatory Commission. ACTION: Appointments. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has announced appointments to the NRC Performance Review Board (PRB) responsible for making recommendations on performance appraisal ratings and performance awards for Senior Executives and Senior Level employees and appointments to the NRC PRB Panel responsible for making recommendations to the appointing and awarding authorities for NRC PRB members. SUMMARY: December 3, 2014. Please refer to Docket ID NRC–2014–0248 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0248. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; 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 obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, DATES: tkelley on DSK3SPTVN1PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 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. • 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: Miriam L. Cohen, Secretary, Executive Resources Board, telephone: 301–287– 0747, email: Miriam.Cohen@nrc.gov, U.S. Nuclear Regulatory Commission, Washington, DC 20555. SUPPLEMENTARY INFORMATION: The following individuals are appointed as members of the NRC PRB responsible for making recommendations to the appointing and awarding authorities on performance appraisal ratings and performance awards for Senior Executives and Senior Level employees: Mark A. Satorius, Executive Director for Operations Margaret M. Doane, General Counsel Darren B. Ash, Deputy Executive Director for Corporate Management, Office of the Executive Director for Operations Cynthia A. Carpenter, Director, Office of Administration Catherine Haney, Director, Office of Nuclear Material Safety and Safeguards Michael R. Johnson, Deputy Executive Director for Reactor and Preparedness Programs, Office of the Executive Director for Operations Nader L. Mamish, Director, Office of International Programs Cynthia D. Pederson, Regional Administrator, Region III Brian W. Sheron, Director, Office of Nuclear Regulatory Research Glenn M. Tracy, Director, Office of New Reactors Maureen E. Wylie, Chief Financial Officer Roy P. Zimmerman, Acting Deputy Executive Director for Materials, Waste, Research, State, Tribal, and Compliance Programs, Office of the Executive Director for Operations The following individuals will serve as members of the NRC PRB Panel that was established to review appraisals and make recommendations to the appointing and awarding authorities for NRC PRB members: William M. Dean, Director, Office of Nuclear Reactor Regulation Marian L. Zobler, Deputy General Counsel James T. Wiggins, Director, Office of Nuclear Security and Incident Response PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 71803 All appointments are made pursuant to Section 4314 of Chapter 43 of Title 5 of the United States Code. Dated at Rockville, Maryland, this 24th day of November, 2014. For the Nuclear Regulatory Commission. Miriam L. Cohen, Secretary, Executive Resources Board. [FR Doc. 2014–28419 Filed 12–2–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–458 and 50–382; NRC– 2014–0258] River Bend Station, Unit 1, and Waterford Steam Electric Station, Unit 3; Consideration of Approval of Transfer of License and Conforming Amendment Nuclear Regulatory Commission. ACTION: Application for direct and indirect transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by Entergy Gulf States Louisiana, L.L.C. (ESGL) and Entergy Louisiana, LLC (ELL) on June 10, 2014, as supplemented by letter dated October 9, 2014. The application seeks NRC approval of the direct transfers of Facility Operating License No. NPF–47 for River Bend Station, Unit 1 (River Bend), from the current holder, ESGL, and Facility Operating License No. NPF–38 for Waterford Steam Electric Station, Unit 3 (Waterford), from current holder ELL to new company Entergy Louisiana Power, LLC (ELP). In connection with these actions, ELP would change its name to new company Entergy Louisianan, LLC. DATES: Comments must be filed by January 2, 2015. A request for a hearing must be filed by December 23, 2014. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID: NRC–2014–0258. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. SUMMARY: E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71800-71803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28423]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-133; NRC-2014-0225]


Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit 
3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from certain emergency planning requirements in response to 
an August 14, 2012, request from the Pacific Gas and Electric Company.

ADDRESSES: Please refer to Docket ID NRC-2014-0225 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0225. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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 obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/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.

[[Page 71801]]


FOR FURTHER INFORMATION CONTACT: John B. Hickman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3017, email: 
John.Hickman@nrc.gov.

I. Background

    On July 2, 1976, Humboldt Bay Power Plant (HBPP) Unit 3 was shut 
down for annual refueling and to conduct seismic modifications. The 
unit was never restarted. In 1983, updated economic analyses indicated 
that restarting Unit 3 would probably not be cost-effective, and in 
June 1983, Pacific Gas and Electric Company (PG&E) announced its 
intention to decommission the unit. On July 16, 1985, the U.S. Nuclear 
Regulatory Commission (NRC or Commission) issued Amendment No. 19 to 
the HBPP Unit 3 Operating License to change the status to possess-but-
not-operate. (ADAMS Accession No. 8507260045.) In December of 2008, the 
transfer of spent fuel from the fuel storage pool to the dry-cask 
Independent Spent Fuel Storage Installation (ISFSI) was completed, and 
the decontamination and dismantlement phase of HBPP Unit 3 
decommissioning commenced. Active decommissioning is currently 
underway.

II. Request/Action

    Section 50.47, ``Emergency Plans,'' of Part 50 of Title 10 of the 
Code of Federal Regulations (10 CFR part 50) provides in part, ``. . . 
no initial operating license for a nuclear power reactor will be issued 
unless a finding is made by the NRC that there is reasonable assurance 
that adequate protective measures can and will be taken in the event of 
a radiological emergency.'' Appendix E, ``Emergency Planning and 
Preparedness for Production and Utilization Facilities,'' to 10 CFR 
part 50 provides in part, ``This appendix establishes minimum 
requirements for emergency plans for use in attaining an acceptable 
state of emergency preparedness.''
    On November 23, 2011, the NRC issued a Final Rule modifying or 
adding emergency planning (EP) requirements in Section 50.47, Section 
50.54, and Appendix E of 10 CFR part 50 (76 FR 72560). The EP Final 
Rule was effective on December 23, 2011, with specific implementation 
dates for each of the rule changes, varying from the effective date of 
the Final Rule through December 31, 2015.
    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 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 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.''
    By letter dated August 14, 2012, (ADAMS Accession No. ML12236A327) 
PG&E submitted a, ``Request for Exemption from Specific 10 CFR 50 
Requirements Regarding Enhancements to Emergency Preparedness 
Regulations,'' requesting exemption from specific emergency planning 
requirements of 10 CFR 50.47 and Appendix E to 10 CFR part 50 for the 
HBPP ISFSI.

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present.
    The NRC staff reviewed the licensee's request and determined that 
exemptions were previously granted or should be granted from the 
following requirements: the requirement: ``arrangements to accommodate 
State and local staff at the licensee's Emergency Operations Facility 
have been made'' of 10 CFR 50.47(b)(3); the requirement: ``and State 
and local response plans call for reliance on information provided by 
facility licensees for determinations of minimum initial offsite 
response measures'' of 10 CFR 50.47(b)(4); the requirement of 10 CFR 
50.47(b)(10); the requirement: ``and onsite protective actions during 
hostile action'' of 10 CFR part 50, Appendix E, Section IV.1; the 
requirement of 10 CFR part 50, Appendix E, Section IV.2; the 
requirement of 10 CFR part 50, Appendix E, Section IV.3; the 
requirement of 10 CFR part 50, Appendix E, Section IV.4; the 
requirement of 10 CFR part 50, Appendix E, Section IV.5; the 
requirement of 10 CFR part 50, Appendix E, Section IV.6; the 
requirement: ``By June 23, 2014,'' ``a description of the,'' and 
``including hostile action at the site. For purposes of this appendix, 
``hostile action'' is defined as an act directed toward a nuclear power 
plant or its personnel that include the use of violent force to destroy 
equipment, take hostages, and/or intimidate the licensee to achieve an 
end. This includes attack by air, land, or water using guns, 
explosives, projectiles, vehicles, or other devices used to deliver 
destructive force'' of 10 CFR part 50, Appendix E, Section IV.A.7; the 
requirement of 10 CFR part 50, Appendix E, Section IV.A.9; the 
requirements: ``and outside, and offsite, and, By June 20, 2012, for 
nuclear power reactor licensees, these action levels must include 
hostile action that may adversely affect the nuclear power plant'' of 
10 CFR part 50, Appendix E, Section IV.B.1; the requirements: By June 
20, 2012,'' ``within 15 minutes'' and ``to protect public health and 
safety provided that any delay in declaration does not deny the State 
and local authorities the opportunity to implement measures necessary 
to protect the public health and safety'' of 10 CFR part 50, Appendix 
E, Section IV.C.2; the requirement: ``within 15 minutes'' and ``The 
licensee shall demonstrate that the appropriate governmental 
authorities have the capability to make a public alerting and 
notification decision promptly on being informed by the licensee of an 
emergency condition. Prior to initial operation greater than 5 percent 
of rated thermal power of the first reactor at the site, each nuclear 
power reactor licensee shall demonstrate that administrative and 
physical means have been established for alerting and providing prompt 
instructions to the public with the plume exposure pathway EPZ. The 
design objective of the prompt public alert and notification system 
shall be to have the capability to essentially complete the initial 
alerting and notification of the public within the plume exposure 
pathway EPZ within about 15 minutes. The use of this alerting and 
notification capability will range from immediate alerting and

[[Page 71802]]

notification of the public (within 15 minutes of the time that State 
and local officials are notified that a situation exists requiring 
urgent action) to the more likely events where there is substantial 
time available for the appropriate governmental authorities to make a 
judgment whether or not to activate the public alert and notification 
system. The alerting and notification capability shall additionally 
include administrative and physical means for a backup method of public 
alerting and notification capable of being used in the event the 
primary method of alerting and notification is unavailable during an 
emergency to alert or notify all or portions of the plume exposure 
pathway EPZ population. The backup method shall have the capability to 
alert and notify the public within the plume exposure pathway EPZ, but 
does not need to meet the 15 minute design objective for the primary 
prompt public alert and notification system. When there is a decision 
to activate the alert and notification system, the appropriate 
governmental authorities will determine whether to activate the entire 
alert and notification system simultaneously or in a graduated or 
staged manner. The responsibility for activating such a public alert 
and notification system shall remain with the appropriate governmental 
authorities'' of 10 CFR part 50, Appendix E, Section IV.D.3; the 
requirement: ``onsite technical support center and an emergency 
operations'' of 10 CFR part 50, Appendix E, Section IV.E.8.a.(i); the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.a.(ii); the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.b; the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.c; the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.d; the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.e, the 
requirement of 10 CFR part 50, Appendix E, Section IV.F.2.a; the 
requirement: ``Nuclear power reactor licensees shall submit exercise 
scenarios under Sec.  50.4 at least 60 days before use in an exercise 
required by this paragraph 2.b'' and ``and offsite'' and ``(Technical 
Support Center (TSC), Operations Support Center (OSC), and the 
Emergency Operations Facility (EOF))'' of 10 CFR part 50, Appendix E, 
Section IV.F.2.b; the requirement: ``Such scenarios for nuclear power 
reactor licensees must include a wide spectrum of radiological releases 
and events, including hostile action'' of 10 CFR part 50, Appendix E, 
Section IV.F.2.i; and the requirement of 10 CFR part 50, Appendix E, 
Section IV.I.
    The exemption request was 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 permanently 
shut-down and defueled status of the reactor, 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 Humboldt Bay Site Emergency Plan provides: (1) An 
adequate basis for an acceptable state of emergency preparedness, and 
(2) 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 Humboldt Bay Site.
    The Commission has concluded 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 above are acceptable in view of 
the greatly reduced offsite radiological consequences associated with 
the current plant status as permanently shut-down and spent nuclear 
fuel is stored in an ISFSI.
    The NRC has determined that other requirements from which PG&E 
requested exemptions were not applicable to the HBPP and ISFSI or are 
being met by the Humboldt Bay Site Emergency Plan or an exemption was 
not appropriate. Therefore, an exemption was not necessary or was 
denied for those requirements. Additional information regarding the NRC 
staff evaluation is documented in a Safety Evaluation Report (ADAMS 
Accession No. ML13016A210).

A. Exemption Is Authorized by Law

    The NRC has found that PG&E meets the criteria for an exemption in 
Sec.  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.

B. The Exemption Presents No Undue Risk to Public Health and Safety Is 
Consistent With the Common Defense and Security

    As noted in Section II., ``REQUEST/ACTION,'' above, PG&E's 
compliance with the EP requirements in effect before the effective date 
of the EP Final Rule demonstrated reasonable assurance of adequate 
protection of the public health and safety and common defense and 
security. In the Safety Evaluation Report, the NRC staff explains that 
PG&E's implementation of the Humboldt Bay Site 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.

C. Special Circumstances Are Present

    For the Commission to grant an exemption, special circumstances 
must exist. Under Sec.  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 PG&E's 
compliance with the regulations listed above 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 PG&E to comply with the 
regulations listed above is not necessary to achieve the underlying 
purpose of the EP regulations.

D. Environmental Considerations

    Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental 
assessment and finding of no significant impact related to this 
exemption was published in the Federal Register on October 24, 2014 (79 
FR 63647). Based upon the environmental assessment, the Commission has 
determined that issuance of this exemption will not have a significant 
effect on the quality of the human environment.

IV. Conclusion

    The NRC staff reviewed the licensee's submittals and concludes that 
the licensee's request for an exemption from certain requirements of 10 
CFR 50.47(b) and Appendix E to10 CFR part 50 as specified above is 
acceptable in view of the greatly reduced offsite radiological 
consequences associated with the current plant status as permanently 
shut down and spent nuclear fuel is stored in an ISFSI.
    The Commission has determined that, pursuant to 10 CFR 50.12, the 
exemptions are authorized by law, will not present an undue risk to the 
public health and safety, are consistent with

[[Page 71803]]

the common defense and security, and special circumstances are present.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 5th day of November, 2014.

    For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2014-28423 Filed 12-2-14; 8:45 am]
BILLING CODE 7590-01-P