Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Station, 19358-19370 [2015-08311]
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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Notices
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[FR Doc. 2015–08273 Filed 4–9–15; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2015–0042]
[FR Doc. 2015–08175 Filed 4–9–15; 8:45 am]
Duke Energy Florida, Inc.; Crystal
River Unit 3 Nuclear Generating
Station
BILLING CODE 7537–01–P
NATIONAL SCIENCE FOUNDATION
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
Proposal Review Panel for Materials
Research; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub., L. 92–
463 as amended), the National Science
Foundation announces the following
meeting:
Name: Proposal Review Panel for Materials
Research (DMR) #1203—Site visit review of
the Los Alamos arm of the National High
Magnetic Field Laboratory (NHMFL) at Los
Alamos, NM.
Dates & Times
June 3, 2015; 7:00 p.m.–8:45 p.m.
June 4, 2015; 7:30 a.m.–8:30 p.m.
June 5, 2015; 7:30 a.m.–5:00 p.m.
Place: Los Alamos National Laboratory,
Los Alamos, NM.
Type of Meeting: Part open.
Contact Person: Dr. Thomas Rieker,
Program Director, Division of Materials
Research, Room 1065, National Science
Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230, Telephone (703) 292–
4914.
Purpose of Meeting: To provide advice and
recommendations concerning further support
of the NHMFL.
Agenda
Wednesday, June 3, 2015
7:00 p.m.–8:45 p.m. Closed—Briefing of
panel
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Thursday, June 4, 2015
7:30 a.m.–4:15 p.m. Open—Review of the
NHMFL
4:15 p.m.–6:00 p.m. Closed—Executive
Session
6:00 p.m.–8:30 p.m. Open—Dinner
Friday, June 5, 2015
7:30 a.m.–9:00 a.m. Open—Review of the
NHMFL
9:00 a.m.–5:00 p.m. Closed—Executive
Session, Draft and Review Report
Reason for Closing: The work being
reviewed may include information of a
proprietary or confidential nature, including
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The U.S. Nuclear Regulatory
Commission (NRC) is granting
exemptions in response to a request
from Duke Energy Florida, Inc. (DEF or
the licensee) regarding certain
emergency planning (EP) requirements.
The exemptions will eliminate the
requirements to maintain an offsite
radiological emergency plan and reduce
the scope of onsite emergency planning
activities at the Crystal River Unit 3
Nuclear Generating Station (CR–3)
based on the reduced risks of accidents
that could result in an offsite
radiological release at a
decommissioning nuclear power
reactor.
SUMMARY:
Please refer to Docket ID
NRC–2015–0042 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
https://www.regulations.gov and search
for Docket ID NRC–2015–0042. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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 obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
ADDRESSES:
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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:
Michael Orenak, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–3229;
email: Michael.Orenak@nrc.gov.
I. Background
The CR–3 facility is a
decommissioning power reactor located
in Citrus County, Florida. The licensee,
DEF, is the holder of CR–3 Facility
Operating License No. DPR–72. The
license provides, among other things,
that the facility is subject to all rules,
regulations, and orders of the NRC now
or hereafter in effect.
By letter dated February 20, 2013
(ADAMS Accession No. ML13056A005),
DEF submitted to the NRC a
certification in accordance with section
50.82(a)(1)(i) of Title 10 of the Code of
Federal Regulations (10 CFR) indicating
it would permanently cease power
operations, and 10 CFR 50.82(a)(1)(ii)
that it had permanently defueled the
reactor vessel at CR–3. On May 28,
2011, DEF completed the final removal
of fuel from the reactor vessel at CR–3.
As a permanently shutdown and
defueled facility, and in accordance
with section 50.82(a)(2), DEF is no
longer authorized to operate the reactor
or emplace nuclear fuel into the reactor
vessel. CR–3 is still authorized to
possess and store irradiated (i.e., spent)
nuclear fuel. The spent fuel is currently
being stored onsite in a spent fuel pool
(SFP).
During normal power reactor
operations, the forced flow of water
through the reactor coolant system
(RCS) removes heat generated by the
reactor. The RCS, operating at high
temperatures and pressures, transfers
this heat through the steam generator
tubes converting non-radioactive
feedwater to steam, which then flows to
the main turbine generator to produce
electricity. Many of the accident
scenarios postulated in the updated
safety analysis reports (USARs) for
operating power reactors involve
failures or malfunctions of systems,
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which could affect the fuel in the
reactor core, which in the most severe
postulated accidents, would involve the
release of large quantities of fission
products. With the permanent cessation
of reactor operations at CR–3 and the
permanent removal of the fuel from the
reactor vessel, such accidents are no
longer possible. The reactor, RCS, and
supporting systems are no longer in
operation and have no function related
to the storage of the spent fuel.
Therefore, EP provisions for postulated
accidents involving failure or
malfunction of the reactor, RCS, or
supporting systems are no longer
applicable.
Based on the time that CR–3 has been
permanently shutdown (approximately
64 months), there is no longer any
possibility of an offsite radiological
release from a design-basis accident that
could exceed the U.S. Environmental
Protection Agency’s (EPA) Protective
Action Guidelines (PAGs) at the
exclusion area boundary.
The EP requirements of 10 CFR 50.47,
‘‘Emergency plans,’’ and appendix E to
10 CFR part 50, ‘‘Emergency Planning
and Preparedness for Production and
Utilization Facilities,’’ continue to apply
to nuclear power reactors that have
permanently ceased operation and have
removed all fuel from the reactor vessel.
There are no explicit regulatory
provisions distinguishing EP
requirements for a power reactor that is
permanently shutdown and defueled
from a reactor that is authorized to
operate. In order for DEF to modify the
CR–3 emergency plan to reflect the
reduced risk associated with the
permanently shutdown and defueled
condition of CR–3, certain exemptions
from the EP regulations must be
obtained before the CR–3 emergency
plan can be amended.
II. Request/Action
By letter dated September 26, 2013
(ADAMS Accession No. ML13274A584),
‘‘Crystal River Unit 3—License
Amendment Request #315, Revision 0,
Permanently Defueled Emergency Plan
and Emergency Action Level Scheme,
and Request for Exemption to Certain
Radiological Emergency Response Plan
Requirements Defined by 10 CFR 50,’’
DEF requested exemptions from certain
EP requirements of 10 CFR part 50 for
CR–3. More specifically, DEF requested
exemptions from certain planning
standards in 10 CFR 50.47(b) regarding
onsite and offsite radiological
emergency plans for nuclear power
reactors; from certain requirements in
10 CFR 50.47(c)(2) that require
establishment of plume exposure and
ingestion pathway emergency planning
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zones for nuclear power reactors; and
from certain requirements in 10 CFR 50,
appendix E, section IV, which
establishes the elements that make up
the content of emergency plans. In a
letter dated March 28, 2014 (ADAMS
Accession No. ML14098A072), DEF
provided responses to the NRC staff’s
request for additional information (RAI)
concerning the proposed exemptions. In
a letter dated May 7, 2014 (ADAMS
Accession No. ML14139A006), DEF
provided an additional supplemental
response to a separate set of RAIs,
which contained information applicable
to the SFP inventory makeup strategies
for mitigating the potential loss of water
inventory due to a beyond-design-basis
accident. In a letter dated August 28,
2014 (ADAMS Accession No.
ML14251A237), CR–3 provided a
supplement, which amended its request
to align with the exemptions
recommended by the NRC staff and
approved by the Commission in staff
requirements memorandum (SRM) to
SECY–14–0066, ‘‘Request by Dominion
Energy Kewaunee, Inc. for Exemptions
from Certain Emergency Planning
Requirements,’’ dated August 7, 2014
(ADAMS Accession No. ML14219A366).
The information provided by DEF
included justifications for each
exemption requested. The exemptions
requested by DEF will eliminate the
requirements to maintain formal offsite
radiological emergency plans, reviewed
by the Federal Emergency Management
Agency (FEMA) under the requirements
of 44 CFR part 350, and reduce the
scope of onsite emergency planning
activities. DEF stated that application of
all of the standards and requirements in
10 CFR 50.47(b), 10 CFR 50.47(c) and 10
CFR part 50, appendix E is not needed
for adequate emergency response
capability based on the reduced risks at
the permanently shutdown and
defueled facility. If offsite protective
actions were needed for a very unlikely
accident that could challenge the safe
storage of spent fuel at CR–3, provisions
exist for offsite agencies to take
protective actions using a
comprehensive emergency management
plan (CEMP) under the National
Preparedness System to protect the
health and safety of the public. A CEMP
in this context, also referred to as an
emergency operations plan (EOP), is
addressed in FEMA’s Comprehensive
Preparedness Guide 101, ‘‘Developing
and Maintaining Emergency Operations
Plans.’’ Comprehensive Preparedness
Guide 101 is the foundation for State,
territorial, Tribal, and local emergency
planning in the United States. It
promotes a common understanding of
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the fundamentals of risk-informed
planning and decision making and
helps planners at all levels of
government in their efforts to develop
and maintain viable, all-hazards, allthreats emergency plans. An EOP is
flexible enough for use in all
emergencies. It describes how people
and property will be protected; details
who is responsible for carrying out
specific actions; identifies the
personnel, equipment, facilities,
supplies and other resources available;
and outlines how all actions will be
coordinated. A CEMP is often referred to
as a synonym for ‘‘all hazards
planning.’’
III. Discussion
In accordance with 10 CFR 50.12,
‘‘Specific exemptions,’’ 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) any of the
special circumstances listed in 10 CFR
50.12(a)(2) are present. These special
circumstances include, among other
things, that the application 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.
As noted previously, the current EP
regulations contained in 10 CFR
50.47(b) and appendix E to 10 CFR part
50 apply to both operating and
shutdown power reactors. The NRC has
consistently acknowledged that the risk
of an offsite radiological release at a
power reactor that has permanently
ceased operations and removed fuel
from the reactor vessel is significantly
lower, and the types of possible
accidents are significantly fewer, than at
an operating power reactor. However,
current EP regulations do not recognize
that once a power reactor permanently
ceases operation, the risk of a large
radiological release from credible
emergency accident scenarios is
significantly reduced. The reduced risk
for any significant offsite radiological
release is based on two factors. One
factor is the elimination of accidents
applicable only to an operating power
reactor, resulting in fewer credible
accident scenarios. The second factor is
the reduced short-lived radionuclide
inventory and decay heat production
due to radioactive decay. Due to the
permanently defueled status of the
reactor, no new spent fuel will be added
to the SFP and the radionuclides in the
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current spent fuel will continue to
decay as the spent fuel ages. The
irradiated fuel will produce less heat
due to radioactive decay, increasing the
available time to mitigate the SFP
inventory loss. The NRC’s NUREG–
1738, ‘‘Technical Study of Spent Fuel
Pool Accident Risk at Decommissioning
Nuclear Power Plants,’’ dated February
2001 (ADAMS Accession No.
ML010430066), confirmed that for
permanently shutdown and defueled
power reactors bounded by the
assumptions and conditions in the
report, the risk of offsite radiological
release is significantly less than for an
operating power reactor.
EP exemptions similar to those
requested by DEF were granted to
permanently shutdown and defueled
power reactor licensees, such as for
Zion Nuclear Power Station in 1999
(ADAMS Legacy Accession No.
9909070079) and Kewaunee Power
Station in 2014 (ADAMS Accession No.
ML14261A223). However, the
exemptions did not relieve the licensees
of all EP requirements. Rather, the
exemptions allowed the licensees to
modify their emergency plans
commensurate with the credible sitespecific risks that were consistent with
a permanently shutdown and defueled
status. Specifically, approval of the
prior exemptions was based on
demonstrating that: (1) The radiological
consequences of design-basis accidents
would not exceed the limits of the EPA
PAGs at the exclusion area boundary;
and (2) in the unlikely event of a
beyond-design-basis accident resulting
in a loss of all modes of heat transfer
from the fuel stored in the SFP, there is
sufficient time to initiate appropriate
mitigating actions, and if needed, for
offsite authorities to implement offsite
protective actions using a CEMP
approach to protect the health and
safety of the public.
With respect to design-basis accidents
at CR–3, the licensee provided analyses
demonstrating that none would warrant
an offsite radiological emergency plan
meeting the requirements of 10 CFR part
50.
With respect to beyond-design-basis
accidents at CR–3, the licensee analyzed
two bounding beyond-design-basis
accidents that have a potential for a
significant offsite release. One of these
beyond-design-basis accidents involves
a complete loss of SFP water inventory,
where cooling of the spent fuel would
be primarily accomplished by natural
circulation of air through the uncovered
spent fuel assemblies. The licensee’s
analysis of this accident shows that as
of September 26, 2013, air cooling of the
spent fuel assemblies was sufficient to
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keep the fuel within a safe temperature
range indefinitely without fuel damage
or offsite radiological release. The
second beyond-design-basis accident
analysis performed by the licensee
could not completely rule out the
possibility of a radiological release from
an SFP. This more limiting analysis
assumes an incomplete drain down of
the SFP water, or some other
catastrophic event (such as a complete
drainage of the SFP with rearrangement
of spent fuel rack geometry and/or the
addition of rubble to the SFP) that
would effectively impede any decay
heat removal through all possible modes
of cooling. This analysis is commonly
referred to as an adiabatic heat-up. The
licensee’s analysis demonstrates that, as
of September 26, 2013, there would be
at least 19.7 hours under adiabatic heatup conditions before the spent fuel
cladding would reach a temperature
where the potential for a significant
offsite radiological release could occur.
This analysis conservatively does not
consider the period of time from the
initiating event causing a loss of SFP
water inventory until all cooling means
are lost.
The NRC staff has verified DEF’s
analyses and its calculations. The
analyses provide reasonable assurance
that in granting the requested
exemptions to DEF, there is no designbasis accident that will result in an
offsite radiological release exceeding the
EPA PAGs at the exclusion area
boundary. In the unlikely event of a
beyond-design-basis accident affecting
the SFP that results in adiabatic heat-up
conditions (i.e., a complete loss of heat
removal via all modes of heat transfer),
the NRC staff has reviewed and verified
that there will be at least 19.7 hours
available before an offsite release might
occur and, therefore, at least 19.7 hours
to initiate appropriate mitigating actions
to restore a means of heat removal to the
spent fuel. If a radiological release were
projected to occur under this unlikely
scenario, a minimum of 10 hours is
considered sufficient time for offsite
authorities to implement protective
actions using a CEMP approach to
protect the health and safety of the
public.
The NRC staff reviewed the licensee’s
justification for the requested
exemptions against the criteria in 10
CFR 50.12(a) and the bases for prior EP
exemption request approvals, as
discussed above. The staff determined,
as described below, that the criteria in
10 CFR 50.12(a) are met, and that the
exemptions should be granted.
Assessment of the DEF EP exemptions
is described in SECY–14–0118,
‘‘Request by Duke Energy Florida, Inc.,
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for Exemptions from Certain Emergency
Planning Requirements,’’ dated October
29, 2014 (ADAMS Accession No.
ML14219A444). The Commission
approved the NRC staff’s intention to
grant the exemptions in the SRM to
SECY–14–0118, dated December 30,
2014 (ADAMS Accession No.
ML14364A111). Descriptions of the
specific exemptions requested by DEF
and the NRC staff’s basis for granting
each exemption are provided in SECY–
14–0118 and summarized in a table at
the end of this document. The staff’s
detailed review and technical basis for
the approval of the specific EP
exemptions are provided in the NRC
staff’s safety evaluation enclosed in an
NRC letter dated March 30, 2015
(ADAMS Accession No. ML15058A906).
A. Authorized by Law
The licensee has proposed
exemptions from certain EP
requirements in 10 CFR 50.47(b), 10
CFR 50.47(c)(2), and 10 CFR 50,
appendix E, section IV, that would
allow DEF to revise the CR–3
Emergency Plan to reflect the
permanently shutdown and defueled
condition of the station. As stated
above, in accordance with 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. The
NRC staff has determined that granting
of the licensee’s proposed exemptions
will not result in a violation of the
Atomic Energy Act of 1954, as amended,
or the NRC’s regulations. Therefore, the
exemptions are authorized by law.
B. No Undue Risk to Public Health and
Safety
As stated previously, DEF provided
analyses that show the radiological
consequences of design-basis accidents
will not exceed the limits of the EPA
PAGs at the exclusion area boundary.
Therefore, formal offsite radiological
emergency plans required under 10 CFR
part 50 are no longer needed for
protection of the public beyond the
exclusion area boundary.
Although very unlikely, there is one
postulated beyond-design-basis accident
that might result in significant offsite
radiological releases. However, NUREG–
1738 confirms that the risk of beyonddesign-basis accidents is greatly reduced
at permanently shutdown and defueled
reactors. The NRC staff’s analyses
concludes that the event sequences
important to risk at permanently
shutdown and defueled power reactors
are limited to large earthquakes and
cask drop events. For EP assessments,
this is an important difference relative
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to operating power reactors where
typically a large number of different
sequences make significant
contributions to risk. Per NUREG–1738,
relaxation of offsite EP requirements
under 10 CFR part 50 a few months after
shutdown resulted in only a small
change in risk.
NUREG–1738 further concludes that
the change in risk due to relaxation of
offsite EP requirements is small because
the overall risk is low, and because even
under current EP requirements for
operating power reactors, EP was judged
to have marginal impact on evacuation
effectiveness in the severe earthquakes
that dominate SFP risk. Specifically, for
ground motion levels that correspond to
SFP failure in the central and eastern
United States, it is expected that
electrical power would be lost and more
than half of the bridges and buildings
(including those housing
communication systems and emergency
response equipment) would be unsafe
even for temporary use within at least
10 miles of the plant. This approach is
also consistent with previous
Commission rulings on San Onofre and
Diablo Canyon in which the
Commission found that for those riskdominant earthquakes that cause very
severe damage to both the plant and the
offsite area, emergency response would
have marginal benefit because of offsite
damage. All other sequences including
cask drops (for which offsite
radiological emergency plans are
expected to be more effective) are too
low in likelihood to have a significant
impact on risk.
Therefore, granting exemptions that
eliminate the requirements of 10 CFR
part 50 to maintain offsite radiological
emergency plans and reducing the scope
of onsite emergency planning activities
will not present an undue risk to the
public health and safety.
C. Consistent With the Common Defense
and Security
The requested exemptions by DEF
only involve EP requirements under 10
CFR part 50 and will allow DEF to
revise the CR–3 Emergency Plan to
reflect the permanently shutdown and
defueled condition of the facility.
Physical security measures at CR–3 are
not affected by the requested EP
exemptions. The discontinuation of
formal offsite radiological emergency
plans and the reduction in scope of the
onsite emergency planning activities at
CR–3 will not adversely affect DEF’s
ability to physically secure the site or
protect special nuclear material.
Therefore, the proposed exemptions are
consistent with common defense and
security.
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D. Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances is not
necessary to achieve the underlying
purpose of the rule. The underlying
purpose of 10 CFR 50.47(b), 10 CFR
50.47(c)(2), and 10 CFR part 50,
appendix E, section IV, is to provide
reasonable assurance that adequate
protective measures can and will be
taken in the event of a radiological
emergency, to establish plume exposure
and ingestion pathway emergency
planning zones for nuclear power
plants, and to ensure that licensees
maintain effective offsite and onsite
radiological emergency plans. The
standards and requirements in these
regulations were developed by
considering the risks associated with
operation of a power reactor at its
licensed full-power level. These risks
include the potential for a reactor
accident with offsite radiological dose
consequences.
As discussed previously, because CR–
3 is permanently shutdown and
defueled, there is no longer a risk of
offsite radiological release from a
design-basis accident and the risk of a
significant offsite radiological release
from a beyond-design-basis accident is
greatly reduced when compared to an
operating power reactor. The NRC staff
has confirmed the reduced risks at CR–
3 by comparing the generic risk
assumptions in the analyses in NUREG–
1738 to site specific conditions at CR–
3 and determined that the risk values in
NUREG–1738 bound the risks presented
by CR–3. Furthermore, the staff has
recently concluded in NUREG–2161,
‘‘Consequence Study of a BeyondDesign-Basis Earthquake Affecting the
Spent Fuel Pool for a U.S. Mark I
Boiling Water Reactor,’’ dated
September 2014 (ADAMS Accession No.
ML14255A365), that, consistent with
earlier research studies, SFPs are robust
structures that are likely to withstand
severe earthquakes without leaking
cooling water and potentially
uncovering the spent fuel. The NUREG–
2161 study shows the likelihood of a
radiological release from spent fuel after
the analyzed severe earthquake at the
reference plant to be about one time in
10 million years or lower.
The licensee has analyzed sitespecific spent fuel air-cooling and
adiabatic heat-up beyond-design-basis
accident scenarios to determine the risk
of cladding damage, and the time to
rapid cladding oxidation. The aircooling analysis shows that as of
September 26, 2013, in the event of a
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19361
complete SFP drain down due to a loss
of water inventory, assuming that
natural circulation of air through the
spent fuel racks was available, the peak
fuel clad temperature would remain
below 1049 °F (565ßC), the temperature
at which incipient cladding failure may
occur. Therefore, in this postulated
accident, fuel cladding remains intact.
The beyond-design-basis adiabatic
heat-up accident analysis of the spent
fuel evaluates a postulated condition
involving a very unlikely scenario
where the SFP is drained in such a way
that all modes of cooling or heat transfer
are assumed to be unavailable. DEF
analysis of this beyond-design-basis
accident shows that as of September 26,
2013, 19.7 hours would be available
between the time the fuel is uncovered
(at which time adiabatic heat-up
begins), until the fuel cladding reaches
a temperature of 1652 °F (900ßC), the
temperature associated with rapid
cladding oxidation and the potential for
a significant radiological release.
Exemptions from the offsite EP
requirements in 10 CFR part 50 have
previously been approved by the NRC
when the site-specific analyses show
that at least 10 hours is available
following a loss of SFP coolant
inventory accident with no air cooling
(or other methods of removing decay
heat) until cladding of the hottest fuel
assembly reaches the zirconium rapid
oxidation temperature. The NRC staff
concluded in its previously granted
exemptions, as it does with the DEF
requested EP exemptions, that if a
minimum of 10 hours is available to
initiate mitigative actions consistent
with plant conditions, or if needed, for
offsite authorities to implement
protective actions using a CEMP
approach, then formal offsite
radiological emergency plans, required
under 10 CFR part 50, are not necessary
at permanently shutdown and defueled
facilities.
Additionally, DEF committed to
maintaining SFP makeup strategies in
its letter to the NRC dated May 7, 2014
(ADAMS Accession No. ML14139A006).
The multiple strategies for providing
makeup to the SFP include: Using
existing plant systems for inventory
makeup; supplying water through hoses
to connections to the existing SFP
piping using the diesel-driven fire
service pump; and using a diesel-driven
portable pump to take suction from CR–
3 intake and discharge canals. These
strategies will continue to be required as
license condition 2.C.(14), ‘‘Mitigation
Strategy License Condition.’’
Considering the very low probability of
beyond-design-basis accidents affecting
the SFP, these diverse strategies provide
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emergency at the CR–3 facility. Since
the underlying purposes of the rules, as
exempted, would continue to be
achieved, even with the elimination of
the requirements under 10 CFR part 50
to maintain formal offsite radiological
emergency plans and reduction in the
scope of the onsite emergency planning
activities at CR–3, the special
circumstances required by 10 CFR
50.12(a)(2)(ii) exist.
multiple methods to obtain additional
makeup or spray to the SFP before the
onset of any postulated offsite
radiological release.
For all the reasons stated above, the
NRC staff finds that the licensee’s
requested exemptions to meet the
underlying purpose of all of the
standards in 10 CFR 50.47(b), and
requirements in 10 CFR 50.47(c)(2) and
10 CFR part 50, appendix E, acceptably
satisfy the special circumstances in 10
CFR 50.12(a)(2)(ii) in view of the greatly
reduced risk of offsite radiological
consequences associated with the
permanently shutdown and defueled
state of the CR–3 facility.
The NRC staff has concluded that the
exemptions being granted by this action
will maintain an acceptable level of
emergency preparedness at CR–3 and, if
needed, that there is reasonable
assurance that adequate offsite
protective measures can and will be
taken by State and local government
agencies using a CEMP approach in the
unlikely event of a radiological
E. Environmental Considerations
In accordance with 10 CFR 51.31(a),
the Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment as discussed in the
NRC staff’s Finding of No Significant
Impact and associated Environmental
Assessment published March 2, 2015
(80 FR 11233).
IV. Conclusions
Accordingly, the Commission has
determined, pursuant to 10 CFR
50.12(a), that DEF’s request for
exemptions from certain EP
requirements in 10 CFR 50.47(b), 10
CFR 50.47(c)(2), and 10 CFR part 50,
appendix E, section IV, and as
summarized in the table at the end of
this document, are authorized by law,
will not present an undue risk to the
public health and safety, and are
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants DEF
exemptions from certain EP
requirements of 10 CFR 50.47(b), 10
CFR 50.47(c)(2), and 10 CFR part 50,
appendix E, section IV, as discussed and
evaluated in detail in the staff’s safety
evaluation dated March 30, 2015. The
exemptions are effective as of March 30,
2015.
Dated at Rockville, Maryland, this 30th day
of March, 2015.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
TABLE OF EXEMPTIONS GRANTED TO DEF
NRC staff basis for exemption
10 CFR 50.47(b) .................................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require offsite emergency response plans.
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10 CFR 50.47
In the Statement of Considerations (SOC) for the final rule for emergency planning (EP) requirements for independent spent fuel storage installations (ISFSIs) and for monitor retrievable storage installations (MRS) (60 FEDERAL REGISTER (FR) 32430; June 22, 1995), the
Commission responded to comments concerning offsite EP for ISFSIs or a MRS and concluded that, ‘‘the offsite consequences of potential accidents at an ISFSI or a MRS would
not warrant establishing Emergency Planning Zones [EPZ].’’
In a nuclear power reactor’s permanently defueled state, the accident risks are more similar to
an ISFSI or a MRS than an operating nuclear power plant. The EP program would be similar to that required for an ISFSI under section 72.32(a) of 10 CFR when fuel stored in the
spent fuel pool (SFP) has more than 5 years of decay time and would not change substantially when all the fuel is transferred from the SFP to an onsite ISFSI. Exemptions from offsite EP requirements have previously been approved when the site-specific analyses show
that at least 10 hours is available until the hottest fuel assembly reaches 900°C from a partial drain-down event without any spent fuel cooling. The technical basis that underlied the
approval of the exemption request is based partly on the analysis of a time period that spent
fuel stored in the SFP is unlikely to reach the zirconium ignition temperature in less than 10
hours. This time period is based on a heat-up calculation, which uses several simplifying assumptions. Some of these assumptions are conservative (adiabatic conditions), while others
are non-conservative (no oxidation below 900°C). Weighing the conservatisms and non-conservatisms, the NRC staff judges that this calculation reasonably represents conditions,
which may occur in the event of an SFP accident. The staff concluded that if 10 hours were
available to initiate mitigative actions, or if needed, offsite protective actions using a comprehensive emergency management plan (CEMP), formal offsite radiological emergency
plans are not necessary for these permanently defueled nuclear power reactor licensees.
As supported by the licensee’s SFP analysis, the NRC staff believes an exemption to the requirements for formal offsite radiological emergency plans is justified for a zirconium fire
scenario considering the low likelihood of this event together with time available to take mitigative or protective actions between the initiating event and before the onset of a postulated
fire.
The Duke Energy Florida, Inc. (DEF) analysis has demonstrated that due to the considerable
time since shutdown, approximately 4 years as of the date of the analysis, the radiological
consequences of design-basis accidents will not exceed the limits of the U.S. Environmental
Protection Agency’s (EPA) Protective Action Guidelines (PAGs) at the exclusion area
boundary. These analyses also show that for beyond-design-basis events where the SFP is
drained, air cooling will prevent the fuel from reaching the lowest temperature where incipient cladding failure may occur (565°C). In the event that air cooling is not possible, 19.7
hours is available to take mitigative or, if needed, offsite protective actions using a CEMP
from the time the fuel is uncovered until it reaches the auto-ignition temperature of 900°C.
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19363
TABLE OF EXEMPTIONS GRANTED TO DEF—Continued
10 CFR 50.47
NRC staff basis for exemption
10 CFR 50.47(b)(1) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require the need for Emergency Planning
Zones (EPZs).
10 CFR 50.47(b)(3) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require the need for an Emergency Operations
Facility (EOF).
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10 CFR 50.47(b)(4) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require reference to formal offsite radiological
emergency response plans.
10 CFR 50.47(b)(5) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require early notification of the public and a
means to provide instructions to the public
within the plume exposure pathway EPZ.
10 CFR 50.47(b)(6) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require prompt communications with the public.
10 CFR 50.47(b)(7) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require information to be made available to the
public on a periodic basis about how they will
be notified and what their initial protective actions should be.
10 CFR 50.47(b)(9) ............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require the capability for monitoring offsite consequences.
10 CFR 50.47(b)(10) ..........................................
The NRC is granting exemptions from portions
of the rule language that would reduce the
range of protective actions developed for radiological emergencies. Consideration of
evacuation, sheltering, or the use of potassium iodide will no longer be necessary.
Evacuation time estimates (ETEs) will no
longer need to developed or updated. Protective actions for the ingestion exposure pathway EPZ will not need to be developed.
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DEF has also furnished information on its SFP inventory makeup strategies for mitigating the
loss of water inventory. Several sources of makeup to the pools are available, such as the
fire service system, using the diesel-driven fire service pump for loss of electrical power. If
available fresh water sources are depleted, salt water sources with inexhaustible inventory
from the Crystal River Unit 3 (CR–3) intake and discharge canal, using portable diesel powered pumps are available.
Pool inventory addition can be implemented without accessing the elevation of the pool deck.
In a letter dated May 7, 2014, ‘‘Crystal River Unit 3—Response to Requests for Additional
Information and Supplement 1 to License Amendment Request #316, Revision 0’’ (ADAMS
Accession No. ML14139A006), DEF withdrew its request to remove License Condition
2.C.(14), ‘‘Mitigation Strategy License Condition,’’ from its Facility Operating License. This license condition requires CR–3 to maintain its SFP inventory makeup strategies as discussed above.
Refer to basis for 10 CFR 50.47(b).
Considering the time available to take mitigative or, if needed, offsite protective actions using a
CEMP between the initiating event and before the onset of a postulated fire, decommissioning power reactors present a low likelihood of any credible accident resulting in a radiological release. As such, an emergency operations facility would not be required. The ‘‘nuclear island,’’ control room, or other onsite location can provide for the communication and
coordination with offsite organizations for the level of support required.
Also refer to basis for 10 CFR 50.47(b).
Considering the time available to take mitigative or if needed, offsite protective actions using a
CEMP between the initiating event and before the onset of a postulated fire, decommissioning power reactors present a low likelihood of any credible accident resulting in a radiological release. As such, formal offsite radiological emergency response plans are not required.
The Nuclear Energy Institute (NEI) document NEI 99–01, ‘‘Development of Emergency Action
Levels for Non-Passive Reactors’’ (Revision 6), was found to be an acceptable method for
development of emergency action levels (EALs) and was endorsed by the U.S. Nuclear
Regulatory Commission (NRC) in a letter dated March 28, 2013 (ADAMS Accession No.
ML12346A463). NEI 99–01 provides EALs for non-passive operating nuclear power reactors, permanently defueled reactors, and ISFSIs.
Also refer to basis for 10 CFR 50.47(b).
Refer to basis for 10 CFR 50.47(b).
Refer to basis for 10 CFR 50.47(b).
Refer to basis for 10 CFR 50.47(b).
Refer to basis for 10 CFR 50.47(b).
In the unlikely event of an SFP accident, the iodine isotopes, which contribute to an offsite
dose from an operating reactor accident, are not present, so potassium iodide distribution
would no longer serve as an effective or necessary supplemental protective action.
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TABLE OF EXEMPTIONS GRANTED TO DEF—Continued
10 CFR 50.47
NRC staff basis for exemption
10 CFR 50.47(c)(2) .............................................
The NRC is granting exemptions from portions
of the rule language that would otherwise require the establishment of a 10 mile radius
plume exposure pathway EPZ and a 50 mile
radius ingestion pathway EPZ.
The CR–3 SFP is considered an ISFSI and is licensed under 10 CFR part 72, subpart K,
‘‘General License for Storage of Spent Fuel at Power Reactor Sites.’’ The Commission responded to comments in its SOC for the final rule for EP requirements for ISFSIs and MRS
facilities (60 FR 32435), and concluded that, ‘‘the offsite consequences of potential accidents at an ISFSI or an MRS would not warrant establishing EPZs.’’ Additionally, in the
SOC for the final rule for EP requirements for ISFSIs and for MRS facilities (60 FR 32430),
the Commission responded to comments concerning site-specific EP that includes evacuation of surrounding population for an ISFSI not at a reactor site, and concluded that, ‘‘The
Commission does not agree that as a general matter emergency plans for an ISFSI must include evacuation planning.’’
Also refer to basis for 10 CFR 50.47(b) and 10 CFR 50.47(b)(2).
Refer to basis for 10 CFR 50.47(b)(10).
NRC staff basis for exemption
10 CFR part 50, appendix E, section IV.1 .........
The NRC is granting exemptions from portions
of the rule language that would otherwise require onsite protective actions during hostile
action.
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10 CFR part 50, appendix E, section IV
The EP Rule published in the FEDERAL REGISTER (76 FR 72560; November 23, 2011), amended certain requirements in 10 CFR part 50. Among the changes, the definition of ‘‘hostile action’’ was added as an act directed toward a nuclear power plant or its personnel. This definition is based on the definition of ‘‘hostile action’’ provided in NRC Bulletin 2005–02,
‘‘Emergency Preparedness and Response Actions for Security-Based Events.’’ NRC Bulletin
2005–02 was not applicable to nuclear power reactors that have permanently ceased operations and have certified that fuel has been removed from the reactor vessel.
The NRC excluded non-power reactors from the scope of ‘‘hostile action’’ at the time of the
rulemaking because, as defined in 10 CFR 50.2, a non-power reactor is not considered a
nuclear power reactor and a regulatory basis had not been developed to support the inclusion of non-power reactors within the scope of ‘‘hostile action.’’ Similarly, a decommissioning
power reactor or an ISFSI is not a ‘‘nuclear reactor’’ as defined in 10 CFR part 50. A decommissioning power reactor also has a low likelihood of a credible accident resulting in radiological releases requiring offsite protective measures. For all of these reasons, the NRC
staff concludes that a decommissioning power reactor is not a facility that falls within the
scope of ‘‘hostile action.’’
Similarly, for security, risk insights can be used to determine which targets are important to
protect against sabotage. A level of security commensurate with the consequences of a sabotage event is required and is evaluated on a site-specific basis. The severity of the consequences declines as fuel ages and, thereby, removes over time the underlying concern
that a sabotage attack could cause offsite radiological consequences.
Although, this analysis provides a justification for exempting CR–3 from ‘‘hostile action’’ related
requirements, some EP requirements for security-based events are maintained. The classification of security-based events, notification of offsite authorities and coordination with offsite agencies under a CEMP concept are still required.
Refer to basis for 10 CFR 50.47(b)(10).
10 CFR part 50, appendix E, section IV.2 .........
The NRC is granting exemptions from portions
of the rule language concerning the evacuation time analyses within the plume exposure pathway EPZ for the licensee’s initial application.
10 CFR part 50, appendix E, section IV.3 .........
The NRC is granting exemptions from portions
of the rule language that would otherwise require use of NRC-approved ETEs and updates to State and local governments when
developing protective action strategies.
10 CFR part 50, appendix E, section IV.4 .........
The NRC is granting exemptions from portions
of the rule language that would otherwise require licensees to update evacuation time estimates based on the most recent census
data and submit the ETE analysis to the NRC
prior to providing it to State and local government for developing protective action strategies.
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Refer to basis for 10 CFR part 50, appendix E, section IV.2 and 10 CFR 50.47(b).
Refer to basis for 10 CFR part 50, appendix E, section IV.2 and 10 CFR 50.47(b).
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10 CFR part 50, appendix E, section IV
10 CFR part 50, appendix E, section IV.5 .........
The NRC is granting an exemption from portions of the rule language that would otherwise require licensees to estimate the EPZ
permanent resident population changes once
a year between decennial censuses.
10 CFR part 50, appendix E, section IV.6 .........
The NRC is granting an exemption from portions of the rule language that would otherwise require the licensee to submit an updated ETE analysis to the NRC based on
changes in the resident population that result
in exceeding specific evacuation time increase criteria.
10 CFR part 50, appendix E, section IV.A.1 ......
The NRC is granting an exemption from the
word ‘‘operating’’ in the requirement to describe the normal plant organization.
10 CFR part 50, appendix E, section IV.A.3 ......
The NRC is granting an exemption from the requirement to describe the licensee’s headquarters personnel sent to the site to augment the onsite emergency response organization.
10 CFR part 50, appendix E, section IV.A.4 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to identify a position and
function within its organization, which will
carry the responsibility for making offsite dose
projections.
10 CFR part 50, appendix E, section IV.A.5 ......
The NRC is granting an exemption from the requirement for the licensee to identify individuals with special qualifications, both licensee
employees and non-employees, for coping
with emergencies.
10 CFR part 50, appendix E, section IV.A.7 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require a description of the assistance expected
from State, local, and Federal agencies for
coping with a hostile action.
10 CFR part 50, appendix E, section IV.A.8 ......
The NRC is granting an exemption from the requirement to identify the State and local officials for ordering protective actions and evacuations.
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10 CFR part 50, appendix E, section IV.A.9 ......
The NRC is granting an exemption from the requirement for the licensee to provide an analysis demonstrating that on-shift personnel are
not assigned responsibilities that would prevent performance of their assigned emergency plan functions.
19365
NRC staff basis for exemption
Refer to basis for 10 CFR part 50, appendix E, section IV.2 and 10 CFR 50.47(b).
Refer to basis for 10 CFR part 50, appendix E, section IV.2 and 10 CFR 50.47(b).
Based on the permanently shutdown and defueled status of the reactor, a decommissioning
reactor is not authorized to operate under 10 CFR 50.82(a). Because the licensee cannot
operate the reactors, the licensee does not have a ‘‘plant operating organization.’’
The number of staff at decommissioning sites is generally small but is commensurate with the
need to safely store spent fuel at the facility in a manner that is protective of public health
and safety. Decommissioning sites typically have a level of emergency response that does
not require response by the licensee’s headquarters personnel.
Although, the likelihood of events that would result in doses in excess of the EPA PAGs to the
public beyond the exclusion area boundary based on the permanently shutdown and
defueled status of the reactor is extremely low, the licensee still must be able to determine if
a radiological release is occurring. If a release is occurring, then the licensee staff should
promptly communicate that information to offsite authorities for their consideration. The offsite organizations are responsible for deciding what, if any, protective actions should be
taken based on comprehensive EP.
Also refer to basis for 10 CFR 50.57(b).
The minimal systems and equipment needed to maintain the spent nuclear fuel in the SFP in
a safe condition requires minimal personnel and is governed by the technical specifications.
As such, additional employees or other persons with special qualifications are not anticipated
Refer to basis for 10 CFR part 50, appendix E, section IV.A.3
Offsite emergency measures are limited to support provided by local police, fire departments,
and ambulance and hospital services, as appropriate. Due to the low probability of designbasis accidents or other credible events to exceed the EPA PAGs, protective actions such
as evacuation should not be required, but could be implemented at the discretion of offsite
authorities using a CEMP.
Refer to basis for 10 CFR part 50, appendix E, section IV.1 and 10 CFR 50.47(b).
Offsite emergency measures are limited to support provided by local police, fire departments,
and ambulance and hospital services, as appropriate. Due to the low probability of designbasis accidents or other credible events to exceed the EPA PAGs, protective actions such
as evacuation should not be required, but could be implemented at the discretion of offsite
authorities using a CEMP.
Also refer to basis for 10 CFR 50.47(b).
Responsibilities should be well defined in the emergency plan and procedures, regularly tested
through drills and exercises audited and inspected by the licensee and the NRC. The duties
of the on-shift personnel at a decommissioning reactor facility are not as complicated and diverse as those for an operating power reactor.
The NRC staff considered the similarity between the staffing levels at a permanently shutdown
and defueled reactor and staffing levels at an operating power reactor site. The minimal systems and equipment needed to maintain the spent nuclear fuel in the SFP or in an ISFSI in
a safe condition requires minimal personnel and is governed by Technical Specifications. In
the EP final rule published in the FEDERAL REGISTER (76 FR 72560; November 23, 2011),
the NRC concluded that the staffing analysis requirement was not necessary for non-power
reactor licensees due to the small staffing levels required to operate the facility.
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10 CFR part 50, appendix E, section IV
10 CFR part 50, appendix E, section IV.B.1 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require offsite emergency actions levels and
offsite protective measures and associate offsite monitoring for the emergency conditions.
In addition, the NRC is granting exemption from
portions of the rule language that would otherwise require emergency action levels based
on hostile action.
10 CFR part 50, appendix E, section IV.C.1 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require emergency actions levels based on operating reactor concerns, such as offsite radiation monitoring, pressure in containment,
and the response of the emergency core
cooling system.
In addition, the NRC is striking language that
would otherwise require offsite emergency
action levels of a site area emergency and a
general emergency.
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10 CFR part 50, appendix E, section IV.C.2 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to assess, classify, and declare an emergency condition within 15 minutes.
10 CFR part 50, appendix E, section IV.D.1 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to reach agreement with
local, State, and Federal officials and agencies for prompt notification of protective
measures or evacuations.
In addition, the NRC is granting an exemption
from identifying the associated titles of officials to be notified for each agency within the
EPZs.
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NRC staff basis for exemption
The NRC staff also examined the actions required to mitigate the very low probability designbasis events for the SFP. Several sources of makeup to the pools are available, such as the
fire service system, using the diesel-driven fire service pump for loss of electrical power. If
available fresh water sources are depleted, salt water sources with inexhaustible inventory
from the CR–3 intake and discharge canal, using portable diesel powered pumps are available. Pool inventory addition can be implemented without accessing the elevation of the
pool deck. DEF believes these diverse strategies provide defense-in-depth and ample time
to provide makeup or spray to the SFP prior to the onset of zirconium cladding ignition when
considering very low probability beyond-design-basis events affecting the SFP. In a letter
dated May 7, 2014, DEF withdrew its request to remove License Condition 2.C.(14), ‘‘Mitigation Strategy License Condition,’’ from its Facility Operating License. This license condition requires CR–3 to maintain its SFP inventory makeup strategies as discussed above.
NEI 99–01, Revision 6, was found to be an acceptable method for development of EALs. No
offsite protective actions are anticipated to be necessary, so classification above the alert
level is no longer required, which is consistent with ISFSI facilities.
Also refer to basis for 10 CFR part 50, appendix E, section IV.1 and 10 CFR 50.47(b).
Containment parameters do not provide an indication of the conditions at a defueled facility
and emergency core cooling systems are no longer required. SFP level, SFP temperature,
and area radiation monitors indicate the conditions at CR–3.
In the SOC for the final rule for EP requirements for ISFSIs and MRS facilities (60 FR 32430),
the Commission responded to comments concerning a general emergency at an ISFSI and
a MRS, and concluded that, ‘‘an essential element of a General Emergency is that a release
can be reasonably expected to exceed EPA PAGs exposure levels off site for more than the
immediate site area.’’
The probability of a condition reaching the level above an emergency classification of alert is
very low. In the event of an accident at a defueled facility that meets the conditions for relaxation of EP requirements, there will be available time for event mitigation and, if necessary, implementation of offsite protective actions using a CEMP.
NEI 99–01, Revision 6, was found to be an acceptable method for development of EALs. No
offsite protective actions are anticipated to be necessary, so classification above the alert
level is no longer required.
Also, refer to the basis for 10 CFR 50.47(b).
In the EP rule published in the FEDERAL REGISTER (76 FR 72560), non-power reactor licensees
were not required to assess, classify and declare an emergency condition within 15 minutes.
An SFP and an ISFSI are also not nuclear power reactors as defined in the NRC’s regulations. A decommissioning power reactor has a low likelihood of a credible accident resulting
in radiological releases requiring offsite protective measures. For these reasons, the NRC
staff concludes that a decommissioning power reactor should not be required to assess,
classify and declare an emergency condition within 15 minutes.
Refer to basis for 10 CFR 50.47(b), 10 CFR 50.47(b)(2) and 10 CFR 50.47(b)(6).
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10 CFR part 50, appendix E, section IV
10 CFR part 50, appendix E, section IV.D.2 ......
The NRC is granting an exemption from the requirement for the licensee to annually disseminate general information on emergency
planning and evacuations within the plume
exposure pathway EPZ.
In addition, the NRC is granting an exemption
for the need for signage or other measures to
address transient populations in the event of
an accident.
10 CFR part 50, appendix E, section IV.D.3 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to have the capability to
make notifications to State and local government agencies within 15 minutes of declaring
an emergency.
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10 CFR part 50, appendix E, section IV.D.4.
The NRC is granting an exemption from the
requirement for the licensee to obtain FEMA
approval of its backup alert and notification
capability.
10 CFR part 50, appendix E, section IV.E.8.a.(i)
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to have an onsite technical
support center and emergency operations facility.
10 CFR part 50, appendix E, section
IV.E.8.a.(ii).
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to have an onsite operational support center.
10 CFR part 50, appendix E, section IV.E.8.b.
and subpart sections IV.E.8.b.(1)—E.8.b.(5).
The NRC is granting exemptions from the requirements related to an offsite emergency
operations facility’s location, space and size,
communications capability, access to plant
data and radiological information, and access
to copying and office supplies.
10 CFR part 50, App. E, section IV E.8.c. and
sections IV E.8.c.(1)—E.8.c.(3).
The NRC is granting exemptions from the requirements to have an emergency operations
facility with the capabilities to obtain and display plant data and radiological information;
the capability to analyze technical information
and provide briefings; and the capability to
support events occurring at more than one
site (if the emergency operations center supports more than one site).
10 CFR part 50, App. E, section IV E.8.d ..........
The NRC is granting exemptions from the requirements to have an alternate facility that
would be accessible even if the site is under
threat of or experiencing hostile action, to
function as a staging area for augmentation
of emergency response staff.
10 CFR part 50, appendix E, section IV.E.8.e ...
The NRC is granting an exemption from the
need for the licensee to comply with paragraph 8.b of this section that details EOFs requirements.
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NRC staff basis for exemption
Refer to basis for 10 CFR 50.47(b) ,10 CFR 50.47(b)(2) and 10 CFR 50.47(b)(5).
While the capability needs to exist for the notification of offsite government agencies within a
specified time period, previous exemptions have allowed for extending the State and local
government agencies’ notification time up to 60 minutes based on the site-specific justification provided.
DEF’s exemption request provides that CR–3 will make notifications to the State of Florida and
the NRC within 60 minutes of declaration of an event. The State Watch Office will perform
the notification to the County (Citrus), as well as the Florida Department of Emergency Management. In the permanently defueled condition of the reactor, the rapidly developing scenarios associated with events initiated during reactor power operation are no longer credible.
Also refer to basis for 10 CFR 50.47(b) and 10 CFR 50.47(b)(2).
Refer to basis for 10 CFR part 50, appendix E, section IV.D.3 regarding the alert and notification system requirements.
Due to the low probability of design-basis accidents or other credible events to exceed the
EPA PAGs at the exclusion area boundary, the available time for event mitigation at a decommissioning reactor and, if needed, to implement offsite protective actions using a CEMP,
an EOF and a technical support center (TSC) would not be required to support offsite agency response. Onsite actions may be directed from the control room or other location, without
the requirements imposed on a TSC.
NUREG–0696, ‘‘Functional Criteria for Emergency Response Facilities’’ (ADAMS Accession
No. ML051390358) provides that the operational support center (OSC) is an onsite area
separate from the control room and the TSC where licensee operations support personnel
will assemble in an emergency. For a decommissioning power reactor, an OSC is no longer
required to meet its original purpose of an assembly area for plant logistical support during
an emergency. The OSC function can be incorporated into another facility.
Also refer to the basis for 10 CFR part 50, appendix E, section IV.E.8.a.(i).
Refer to basis for 10 CFR 50.47(b)(3) and 10 CFR part 50, appendix E, section IV.E 8.a.(i).
Refer to basis for 10 CFR 50.47(b)(3) and 10 CFR part 50, appendix E, section IV.E 8.a.(i).
Refer to basis for 10 CFR part 50, appendix E, section IV.1; 10 CFR part 50, appendix E, section IV.E 8.a.(i); and 10 CFR 50, appendix E, section IV.E.8.a.(ii).
Because of the low probability of design-basis accidents or other credible events that would be
expected to exceed the EPA PAGs and the available time for event mitigation and, if needed, implementation of offsite protective actions using a CEMP, there is no need for the EOF.
Refer to basis for 10 CFR 50.47(b)(3) and 10 CFR part 50, appendix E, section IV.E 8.a.(i).
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10 CFR part 50, appendix E, section IV
NRC staff basis for exemption
10 CFR part 50, appendix E, section IV.E.9.a ...
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to have communications
with contiguous State and local governments
that are within the plume exposure pathway
EPZ.
The Plume exposure pathway EPZ is no longer required by the exemption granted to 10 CFR
50.47(b)(10). The State and the local governments in which the nuclear facility is located will
still need to be informed of events and emergencies, so lines of communication must be
maintained.
10 CFR part 50, appendix E, section IV.E.9.c ...
The NRC is granting exemption from the requirements for communication and testing
provisions between the control room, the onsite TSC, State/local emergency operations
centers, and field assessment teams.
10 CFR part 50, appendix E, section IV.E.9.d ...
The NRC is granting exemptions from portions
of the rule language that would otherwise require provisions for communications from the
control room, onsite TSC, and EOF with NRC
Headquarters and the appropriate Regional
Operations Center.
10 CFR part 50, appendix E, section IV.F.1.
and section IV F.1.viii.
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to provide training and
drills for the licensee’s headquarters personnel, Civil Defense personnel, or local
news media.
10 CFR part 50, appendix E, section IV.F.2 ......
The NRC is granting exemptions from portions
of the rule language that would otherwise require testing of a public alert and notification
system.
mstockstill on DSK4VPTVN1PROD with NOTICES
10 CFR part 50, appendix E, section IV.F.2.a.
and sections IV.F.2.a.(i) through IV.F.2.a.(iii).
The NRC is granting exemptions from the requirements for full participation exercises and
the submittal of the associated exercise scenarios to the NRC.
10 CFR part 50, appendix E, section IV.F.2.b ...
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to submit scenarios for its
biennial exercises of its onsite emergency
plan. In addition, the NRC is granting exemption from portions of the rule language that
requires assessment of offsite releases, protective action decision making, and references to the TSC, OSC, and EOF.
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Refer to basis for 10 CFR 50.47(b)(2) and 10 CFR 50.47(b)(10).
Because of the low probability of design-basis accidents or other credible events that would be
expected to exceed the EPA PAGs and the available time for event mitigation and, if needed, implementation of offsite protective actions using a CEMP, there is no need for the TSC,
EOF, offsite field assessment teams, and the communication and testing provisions that
refer to them.
Refer to justification for 10 CFR 50.47(b)(3) and 10 CFR part 50, appendix E, section IV.E
8.a.(i). Communication with State and local emergency operation centers is maintained to
coordinate assistance on site if required.
The functions of the control room, EOF, TSC, and OSC may be combined into one or more locations due to the smaller facility staff and the greatly reduced required interaction with
State and local emergency response facilities. The licensee is still required to maintain
monthly communication tests with NRC Headquarters and the appropriate Regional Operations Center.
Also refer to basis for 10 CFR 50.47(b); 10 CFR 50, appendix E, section IV.E.8.a.(i); and 10
CFR 50, appendix E, section IV.E.8.a.(ii).
Decommissioning power reactor sites typically have a level of emergency response that does
not require additional response by the licensee’s headquarters personnel. Therefore, the
NRC staff considers exempting licensee’s headquarters personnel from training requirements to be reasonable.
Due to the low probability of design-basis accidents or other credible events to exceed the
EPA PAGs, offsite emergency measures are limited to support provided by local police, fire
departments, and ambulance and hospital services, as appropriate. Local news media personnel no longer need radiological orientation training since they will not be called upon to
support the formal Joint Information Center. The term ‘‘Civil Defense’’ is no longer commonly used; references to this term in the examples provided in the regulation are, therefore, not needed.
Also refer to basis for 10 CFR 50.47(b).
Because of the low probability of design-basis accidents or other credible events that would be
expected to exceed the limits of EPA PAGs and the available time for event mitigation and
offsite protective actions from a CEMP, the public alert and notification system are not needed and, therefore, require no testing.
Also refer to basis for 10 CFR 50.47(b).
Due to the low probability of design-basis accidents or other credible events that would be expected to exceed the limits of EPA PAGs, the available time for event mitigation and, if necessary, implementation of offsite protective actions using a CEMP, no formal offsite radiological emergency plans are required and full participation emergency plan exercises that
test the State and local emergency plans are not necessary.
The intent of submitting exercise scenarios at an operating power reactor site is to ensure that
licensees utilize different scenarios in order to prevent the preconditioning of responders at
power reactors. For decommissioning power reactor sites, there are limited events that
could occur, and as such, the submittal of exercise scenarios is not necessary.
The licensee would be exempt from 10 CFR part 50, appendix E, section IV.F.2.a.(i)–(iii) because the licensee would be exempt from the umbrella provision of 10 CFR part 50, appendix E, section IV.F.2.a.
Also, refer to the basis for 10 CFR 50.47(b) and 10 CFR part 50, appendix E, section IV.C.1.
The intent of submitting onsite exercise scenarios at an operating power reactor site is to ensure that licensees utilize different scenarios in order to prevent the preconditioning of responders at power reactors. For decommissioning power reactor sites, there are limited
events that could occur, and as such, the submittal of exercise scenarios is not necessary.
Biennial exercises are not required per the exemption from 10 CFR part 50, appendix E,
section IV.F.2.c.
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10 CFR part 50, appendix E, section IV
19369
NRC staff basis for exemption
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The low probability of design basis accidents or other credible events that would exceed the
EPA PAGs, the available time for event mitigation and, if necessary, implementation of offsite protective actions using a CEMP, render a TSC, OSC and EOF unnecessary. The principal functions required by regulation can be performed at an onsite location that does not
meet the requirements of the TSC, OSC, or EOF.
Refer to basis for 10 CFR part 50, appendix E, section IV.F.2.a; 10 CFR part 50, appendix E,
section IV.E 8.a.(i); 10 CFR part 50, appendix E, section IV.E 8.a.(ii); and 10 CFR 50.47(b).
Refer to basis for 10 CFR part 50, appendix E, section IV.F.2.a and 10 CFR 50.47(b).
10 CFR part 50, appendix E, section IV.F.2.c.
and sections IV F.2.c.(1) through F.2.c.(5).
The NRC is granting exemptions from the requirements regarding the need for the licensee to exercise offsite plans biennially
with full participation by each offsite authority
having a role under the radiological response
plan. The NRC is also granting exemptions
from the conditions for conducting these exercises (including hostile action exercises) if
two different licensees have facilities on the
same site or on adjacent, contiguous sites, or
share most of the elements defining co-located licensees.
10 CFR part 50, appendix E, section IV.F.2.d ... Refer to basis for 10 CFR 50, appendix E, section IV.F.2.a.
The NRC is granting exemptions from the requirements to obtain State participation in an
ingestion pathway exercise and a hostile action exercise, with each State that has responsibilities, at least once per exercise cycle.
10 CFR part 50, appendix E, section IV.F.2.e ... Refer to basis for 10 CFR 50.47(b)(2) and 10 CFR 50.47(b)(10).
The NRC is granting exemptions from portions
of the rule language that would otherwise require the licensee to allow participation exercise in licensee drills by any State and local
Government in the plume exposure pathway
EPZ when requested.
10 CFR part 50, appendix E, section IV.F.2.f .... FEMA is responsible for evaluating the adequacy of offsite response during an exercise. No
The NRC is granting exemptions from portions
action is expected from State or local government organizations in response to an event at
of the rule language that would otherwise rea decommissioning power reactor site other than onsite firefighting, law enforcement and
quire FEMA to consult with the NRC on reambulance/medical services support. A memorandum of understanding is in place for those
medial exercises. The NRC is granting exservices. Offsite response organizations will continue to take actions on a comprehensive
emption from portions of the rule language
emergency planning basis to protect the health and safety of the public as they would at any
that discuss the extent of State and local parother industrial site.
ticipation in remedial exercises.
Also, refer to the basis for 10 CFR 50, appendix E, section IV.F.2.a.
10 CFR part 50, appendix E, section IV.F.2.i .... Due to the low probability of design-basis accidents or other credible events to exceed the
The NRC is granting exemptions from portions
EPA PAGs, the available time for event mitigation and, if needed, implementation of offsite
of the rule language that would otherwise reprotective actions using a CEMP, the previously routine progression to general emergency
quire the licensee to engage in drills and exin power reactor site scenarios is not applicable to a decommissioning site. Therefore, the liercises for scenarios that include a wide
censee is not expected to demonstrate response to a wide spectrum of events.
spectrum of radiological release events and
hostile action.
Also refer to basis for 10 CFR part 50, appendix E, section IV.1 regarding hostile action.
10 CFR part 50, appendix E, section IV.F.2.j .... With the permanently shutdown defueled and conditions of the site, where only the SFP and
The NRC is granting exemptions from the reits related support systems, structures, and components remain, there are no other facilities
quirements regarding the need for the licensin which emergency response organization personnel could demonstrate proficiency.
ee’s emergency response organization to
demonstrate proficiency in key skills in the
principal functional areas of emergency response.
In addition, the NRC is granting an exemption
during an eight calendar year exercise cycle,
from demonstrating proficiency in the key
skills necessary to respond to such scenarios
as hostile actions, unplanned minimal radiological release, § 50.54(hh)(2) implementation
strategies, and scenarios involving rapid escalation to a site area emergency or general
emergency.
Also refer to basis for 10 CFR part 50, appendix E, section IV.F.2.i.
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10 CFR part 50, appendix E, section IV
10 CFR part 50, appendix E, section IV.I ..........
The NRC is granting exemptions from the requirements regarding the need for the licensee to develop a range of protective action for onsite personnel during hostile actions.
NRC staff basis for exemption
Refer to basis for 10 CFR part 50, appendix E, section IV.1.
[FR Doc. 2015–08311 Filed 4–9–15; 8:45 am]
Week of April 20, 2015—Tentative
BILLING CODE 7590–01–P
There are no meetings scheduled for
the week of April 20, 2015.
NUCLEAR REGULATORY
COMMISSION
Week of April 27, 2015—Tentative
[NRC–2015–0001]
9:00 a.m. Briefing on the Status of
Lessons Learned from the
Fukushima Dai-ichi Accident
(Public Meeting) (Contact: Jack
Davis, 301–415–2239)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
Thursday, April 30, 2105
Sunshine Act Meeting Notice
DATE:
April 13, 20, 27, May 4, 11, 18,
2015.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed
Week of May 4, 2015—Tentative
Week of April 13, 2015
There are no meetings scheduled for
the week of May 4, 2015.
Tuesday, April 14, 2015
May 11, 2015—Tentative
9:25 a.m. Affirmation Session (Public
Meeting) (Tentative)
a. Final Rule: Revisions to
Transportation Safety Requirements
and Harmonization with
International Atomic Energy
Agency Transportation
Requirements (RIN 3150–AI11)
(Tentative)
b. Nuclear Innovation North America,
LLC (South Texas Project Units 3
and 4), Petition for Review of LBP–
14–3, Third Party Initial Decision
(Contention FC–1) (Tentative)
c. PPL Susquehanna, LLC
(Susquehanna Steam Electric
Station, Units 2 and 3)—Request for
Hearing and Petition to Intervene
Re: PPL Susquehanna Application
for Indirect License Transfer
(Tentative)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
9:30 a.m. Meeting with the Advisory
Committee on the Medical Uses of
Isotopes (Public Meeting) (Contact:
Nima Ashkeboussi, 301–415–5775)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
There are no meetings scheduled for
the week of May 11, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES
Thursday, April 16, 2015
9:30 a.m. Meeting with the
Organization of Agreement States
and the Conference of Radiation
Control Program Directors (Public
Meeting) (Contact: Nima
Ashkeboussi, 301–415–5775)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
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need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, by
videophone at 240–428–3217, or by
email at Kimberly.Meyer-Chambers@
nrc.gov. Determinations on requests for
reasonable accommodation will be
made on a case-by-case basis.
*
*
*
*
*
Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or email
Brenda.Akstulewicz@nrc.gov or
Patricia.Jimenez@nrc.gov.
April 7, 2015.
Glenn Ellmers,
Policy Coordinator, Office of the Secretary.
May 18, 2015—Tentative
Tuesday, May 19, 2015
9:00 a.m. Briefing on Cumulative
Effects of Regulation and Risk
Prioritization Initiatives (Public
Meeting) (Contact: Steve Ruffin,
301–415–1985)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
[FR Doc. 2015–08377 Filed 4–8–15; 4:15 pm]
Thursday, May 21, 2015
Notice of Technical Meeting
9:00 a.m. Briefing on the Results of the
Agency Action Review Meeting
(Public Meeting) (Contact: Nathan
Sanfilippo, 301–415–8744)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
*
*
*
*
*
The schedule for Commission
meetings is subject to change on short
notice. For more information or to verify
the status of meetings, contact Glenn
Ellmers at 301–415–0442 or via email at
Glenn.Ellmers@nrc.gov.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
AGENCY:
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BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. RM2015–2; Order No. 2425]
ACTION:
Postal Regulatory Commission.
Notice.
A technical meeting has been
scheduled in Docket No. RM2015–2.
The technical meeting will review
modifications to Proposal Nine and
their impact on the supporting financial
workpapers.
DATES: April 14, 2015, at 1:00 p.m.
ADDRESSES: The technical meeting will
be held in the Commission’s hearing
room at 901 New York Avenue NW.,
Suite 200, Washington, DC 20268–0001.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION: A
technical meeting will be held in this
docket on Tuesday, April 14, 2015, at
1:00 p.m., Eastern Daylight Time (EDT),
in the Commission’s main conference
room. The purpose of this meeting is to
allow Commission staff to review
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19358-19370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08311]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2015-0042]
Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear
Generating Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting
exemptions in response to a request from Duke Energy Florida, Inc. (DEF
or the licensee) regarding certain emergency planning (EP)
requirements. The exemptions will eliminate the requirements to
maintain an offsite radiological emergency plan and reduce the scope of
onsite emergency planning activities at the Crystal River Unit 3
Nuclear Generating Station (CR-3) based on the reduced risks of
accidents that could result in an offsite radiological release at a
decommissioning nuclear power reactor.
ADDRESSES: Please refer to Docket ID NRC-2015-0042 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 https://www.regulations.gov and search for Docket ID NRC-2015-0042. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 obtain publicly available documents online in the
ADAMS Public Documents collection at https://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.
FOR FURTHER INFORMATION CONTACT: Michael Orenak, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-3229; email: Michael.Orenak@nrc.gov.
I. Background
The CR-3 facility is a decommissioning power reactor located in
Citrus County, Florida. The licensee, DEF, is the holder of CR-3
Facility Operating License No. DPR-72. The license provides, among
other things, that the facility is subject to all rules, regulations,
and orders of the NRC now or hereafter in effect.
By letter dated February 20, 2013 (ADAMS Accession No.
ML13056A005), DEF submitted to the NRC a certification in accordance
with section 50.82(a)(1)(i) of Title 10 of the Code of Federal
Regulations (10 CFR) indicating it would permanently cease power
operations, and 10 CFR 50.82(a)(1)(ii) that it had permanently defueled
the reactor vessel at CR-3. On May 28, 2011, DEF completed the final
removal of fuel from the reactor vessel at CR-3. As a permanently
shutdown and defueled facility, and in accordance with section
50.82(a)(2), DEF is no longer authorized to operate the reactor or
emplace nuclear fuel into the reactor vessel. CR-3 is still authorized
to possess and store irradiated (i.e., spent) nuclear fuel. The spent
fuel is currently being stored onsite in a spent fuel pool (SFP).
During normal power reactor operations, the forced flow of water
through the reactor coolant system (RCS) removes heat generated by the
reactor. The RCS, operating at high temperatures and pressures,
transfers this heat through the steam generator tubes converting non-
radioactive feedwater to steam, which then flows to the main turbine
generator to produce electricity. Many of the accident scenarios
postulated in the updated safety analysis reports (USARs) for operating
power reactors involve failures or malfunctions of systems,
[[Page 19359]]
which could affect the fuel in the reactor core, which in the most
severe postulated accidents, would involve the release of large
quantities of fission products. With the permanent cessation of reactor
operations at CR-3 and the permanent removal of the fuel from the
reactor vessel, such accidents are no longer possible. The reactor,
RCS, and supporting systems are no longer in operation and have no
function related to the storage of the spent fuel. Therefore, EP
provisions for postulated accidents involving failure or malfunction of
the reactor, RCS, or supporting systems are no longer applicable.
Based on the time that CR-3 has been permanently shutdown
(approximately 64 months), there is no longer any possibility of an
offsite radiological release from a design-basis accident that could
exceed the U.S. Environmental Protection Agency's (EPA) Protective
Action Guidelines (PAGs) at the exclusion area boundary.
The EP requirements of 10 CFR 50.47, ``Emergency plans,'' and
appendix E to 10 CFR part 50, ``Emergency Planning and Preparedness for
Production and Utilization Facilities,'' continue to apply to nuclear
power reactors that have permanently ceased operation and have removed
all fuel from the reactor vessel. There are no explicit regulatory
provisions distinguishing EP requirements for a power reactor that is
permanently shutdown and defueled from a reactor that is authorized to
operate. In order for DEF to modify the CR-3 emergency plan to reflect
the reduced risk associated with the permanently shutdown and defueled
condition of CR-3, certain exemptions from the EP regulations must be
obtained before the CR-3 emergency plan can be amended.
II. Request/Action
By letter dated September 26, 2013 (ADAMS Accession No.
ML13274A584), ``Crystal River Unit 3--License Amendment Request #315,
Revision 0, Permanently Defueled Emergency Plan and Emergency Action
Level Scheme, and Request for Exemption to Certain Radiological
Emergency Response Plan Requirements Defined by 10 CFR 50,'' DEF
requested exemptions from certain EP requirements of 10 CFR part 50 for
CR-3. More specifically, DEF requested exemptions from certain planning
standards in 10 CFR 50.47(b) regarding onsite and offsite radiological
emergency plans for nuclear power reactors; from certain requirements
in 10 CFR 50.47(c)(2) that require establishment of plume exposure and
ingestion pathway emergency planning zones for nuclear power reactors;
and from certain requirements in 10 CFR 50, appendix E, section IV,
which establishes the elements that make up the content of emergency
plans. In a letter dated March 28, 2014 (ADAMS Accession No.
ML14098A072), DEF provided responses to the NRC staff's request for
additional information (RAI) concerning the proposed exemptions. In a
letter dated May 7, 2014 (ADAMS Accession No. ML14139A006), DEF
provided an additional supplemental response to a separate set of RAIs,
which contained information applicable to the SFP inventory makeup
strategies for mitigating the potential loss of water inventory due to
a beyond-design-basis accident. In a letter dated August 28, 2014
(ADAMS Accession No. ML14251A237), CR-3 provided a supplement, which
amended its request to align with the exemptions recommended by the NRC
staff and approved by the Commission in staff requirements memorandum
(SRM) to SECY-14-0066, ``Request by Dominion Energy Kewaunee, Inc. for
Exemptions from Certain Emergency Planning Requirements,'' dated August
7, 2014 (ADAMS Accession No. ML14219A366). The information provided by
DEF included justifications for each exemption requested. The
exemptions requested by DEF will eliminate the requirements to maintain
formal offsite radiological emergency plans, reviewed by the Federal
Emergency Management Agency (FEMA) under the requirements of 44 CFR
part 350, and reduce the scope of onsite emergency planning activities.
DEF stated that application of all of the standards and requirements in
10 CFR 50.47(b), 10 CFR 50.47(c) and 10 CFR part 50, appendix E is not
needed for adequate emergency response capability based on the reduced
risks at the permanently shutdown and defueled facility. If offsite
protective actions were needed for a very unlikely accident that could
challenge the safe storage of spent fuel at CR-3, provisions exist for
offsite agencies to take protective actions using a comprehensive
emergency management plan (CEMP) under the National Preparedness System
to protect the health and safety of the public. A CEMP in this context,
also referred to as an emergency operations plan (EOP), is addressed in
FEMA's Comprehensive Preparedness Guide 101, ``Developing and
Maintaining Emergency Operations Plans.'' Comprehensive Preparedness
Guide 101 is the foundation for State, territorial, Tribal, and local
emergency planning in the United States. It promotes a common
understanding of the fundamentals of risk-informed planning and
decision making and helps planners at all levels of government in their
efforts to develop and maintain viable, all-hazards, all-threats
emergency plans. An EOP is flexible enough for use in all emergencies.
It describes how people and property will be protected; details who is
responsible for carrying out specific actions; identifies the
personnel, equipment, facilities, supplies and other resources
available; and outlines how all actions will be coordinated. A CEMP is
often referred to as a synonym for ``all hazards planning.''
III. Discussion
In accordance with 10 CFR 50.12, ``Specific exemptions,'' 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) any of the special circumstances
listed in 10 CFR 50.12(a)(2) are present. These special circumstances
include, among other things, that the application 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.
As noted previously, the current EP regulations contained in 10 CFR
50.47(b) and appendix E to 10 CFR part 50 apply to both operating and
shutdown power reactors. The NRC has consistently acknowledged that the
risk of an offsite radiological release at a power reactor that has
permanently ceased operations and removed fuel from the reactor vessel
is significantly lower, and the types of possible accidents are
significantly fewer, than at an operating power reactor. However,
current EP regulations do not recognize that once a power reactor
permanently ceases operation, the risk of a large radiological release
from credible emergency accident scenarios is significantly reduced.
The reduced risk for any significant offsite radiological release is
based on two factors. One factor is the elimination of accidents
applicable only to an operating power reactor, resulting in fewer
credible accident scenarios. The second factor is the reduced short-
lived radionuclide inventory and decay heat production due to
radioactive decay. Due to the permanently defueled status of the
reactor, no new spent fuel will be added to the SFP and the
radionuclides in the
[[Page 19360]]
current spent fuel will continue to decay as the spent fuel ages. The
irradiated fuel will produce less heat due to radioactive decay,
increasing the available time to mitigate the SFP inventory loss. The
NRC's NUREG-1738, ``Technical Study of Spent Fuel Pool Accident Risk at
Decommissioning Nuclear Power Plants,'' dated February 2001 (ADAMS
Accession No. ML010430066), confirmed that for permanently shutdown and
defueled power reactors bounded by the assumptions and conditions in
the report, the risk of offsite radiological release is significantly
less than for an operating power reactor.
EP exemptions similar to those requested by DEF were granted to
permanently shutdown and defueled power reactor licensees, such as for
Zion Nuclear Power Station in 1999 (ADAMS Legacy Accession No.
9909070079) and Kewaunee Power Station in 2014 (ADAMS Accession No.
ML14261A223). However, the exemptions did not relieve the licensees of
all EP requirements. Rather, the exemptions allowed the licensees to
modify their emergency plans commensurate with the credible site-
specific risks that were consistent with a permanently shutdown and
defueled status. Specifically, approval of the prior exemptions was
based on demonstrating that: (1) The radiological consequences of
design-basis accidents would not exceed the limits of the EPA PAGs at
the exclusion area boundary; and (2) in the unlikely event of a beyond-
design-basis accident resulting in a loss of all modes of heat transfer
from the fuel stored in the SFP, there is sufficient time to initiate
appropriate mitigating actions, and if needed, for offsite authorities
to implement offsite protective actions using a CEMP approach to
protect the health and safety of the public.
With respect to design-basis accidents at CR-3, the licensee
provided analyses demonstrating that none would warrant an offsite
radiological emergency plan meeting the requirements of 10 CFR part 50.
With respect to beyond-design-basis accidents at CR-3, the licensee
analyzed two bounding beyond-design-basis accidents that have a
potential for a significant offsite release. One of these beyond-
design-basis accidents involves a complete loss of SFP water inventory,
where cooling of the spent fuel would be primarily accomplished by
natural circulation of air through the uncovered spent fuel assemblies.
The licensee's analysis of this accident shows that as of September 26,
2013, air cooling of the spent fuel assemblies was sufficient to keep
the fuel within a safe temperature range indefinitely without fuel
damage or offsite radiological release. The second beyond-design-basis
accident analysis performed by the licensee could not completely rule
out the possibility of a radiological release from an SFP. This more
limiting analysis assumes an incomplete drain down of the SFP water, or
some other catastrophic event (such as a complete drainage of the SFP
with rearrangement of spent fuel rack geometry and/or the addition of
rubble to the SFP) that would effectively impede any decay heat removal
through all possible modes of cooling. This analysis is commonly
referred to as an adiabatic heat-up. The licensee's analysis
demonstrates that, as of September 26, 2013, there would be at least
19.7 hours under adiabatic heat-up conditions before the spent fuel
cladding would reach a temperature where the potential for a
significant offsite radiological release could occur. This analysis
conservatively does not consider the period of time from the initiating
event causing a loss of SFP water inventory until all cooling means are
lost.
The NRC staff has verified DEF's analyses and its calculations. The
analyses provide reasonable assurance that in granting the requested
exemptions to DEF, there is no design-basis accident that will result
in an offsite radiological release exceeding the EPA PAGs at the
exclusion area boundary. In the unlikely event of a beyond-design-basis
accident affecting the SFP that results in adiabatic heat-up conditions
(i.e., a complete loss of heat removal via all modes of heat transfer),
the NRC staff has reviewed and verified that there will be at least
19.7 hours available before an offsite release might occur and,
therefore, at least 19.7 hours to initiate appropriate mitigating
actions to restore a means of heat removal to the spent fuel. If a
radiological release were projected to occur under this unlikely
scenario, a minimum of 10 hours is considered sufficient time for
offsite authorities to implement protective actions using a CEMP
approach to protect the health and safety of the public.
The NRC staff reviewed the licensee's justification for the
requested exemptions against the criteria in 10 CFR 50.12(a) and the
bases for prior EP exemption request approvals, as discussed above. The
staff determined, as described below, that the criteria in 10 CFR
50.12(a) are met, and that the exemptions should be granted. Assessment
of the DEF EP exemptions is described in SECY-14-0118, ``Request by
Duke Energy Florida, Inc., for Exemptions from Certain Emergency
Planning Requirements,'' dated October 29, 2014 (ADAMS Accession No.
ML14219A444). The Commission approved the NRC staff's intention to
grant the exemptions in the SRM to SECY-14-0118, dated December 30,
2014 (ADAMS Accession No. ML14364A111). Descriptions of the specific
exemptions requested by DEF and the NRC staff's basis for granting each
exemption are provided in SECY-14-0118 and summarized in a table at the
end of this document. The staff's detailed review and technical basis
for the approval of the specific EP exemptions are provided in the NRC
staff's safety evaluation enclosed in an NRC letter dated March 30,
2015 (ADAMS Accession No. ML15058A906).
A. Authorized by Law
The licensee has proposed exemptions from certain EP requirements
in 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and 10 CFR 50, appendix E,
section IV, that would allow DEF to revise the CR-3 Emergency Plan to
reflect the permanently shutdown and defueled condition of the station.
As stated above, in accordance with 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. The NRC staff
has determined that granting of the licensee's proposed exemptions will
not result in a violation of the Atomic Energy Act of 1954, as amended,
or the NRC's regulations. Therefore, the exemptions are authorized by
law.
B. No Undue Risk to Public Health and Safety
As stated previously, DEF provided analyses that show the
radiological consequences of design-basis accidents will not exceed the
limits of the EPA PAGs at the exclusion area boundary. Therefore,
formal offsite radiological emergency plans required under 10 CFR part
50 are no longer needed for protection of the public beyond the
exclusion area boundary.
Although very unlikely, there is one postulated beyond-design-basis
accident that might result in significant offsite radiological
releases. However, NUREG-1738 confirms that the risk of beyond-design-
basis accidents is greatly reduced at permanently shutdown and defueled
reactors. The NRC staff's analyses concludes that the event sequences
important to risk at permanently shutdown and defueled power reactors
are limited to large earthquakes and cask drop events. For EP
assessments, this is an important difference relative
[[Page 19361]]
to operating power reactors where typically a large number of different
sequences make significant contributions to risk. Per NUREG-1738,
relaxation of offsite EP requirements under 10 CFR part 50 a few months
after shutdown resulted in only a small change in risk.
NUREG-1738 further concludes that the change in risk due to
relaxation of offsite EP requirements is small because the overall risk
is low, and because even under current EP requirements for operating
power reactors, EP was judged to have marginal impact on evacuation
effectiveness in the severe earthquakes that dominate SFP risk.
Specifically, for ground motion levels that correspond to SFP failure
in the central and eastern United States, it is expected that
electrical power would be lost and more than half of the bridges and
buildings (including those housing communication systems and emergency
response equipment) would be unsafe even for temporary use within at
least 10 miles of the plant. This approach is also consistent with
previous Commission rulings on San Onofre and Diablo Canyon in which
the Commission found that for those risk-dominant earthquakes that
cause very severe damage to both the plant and the offsite area,
emergency response would have marginal benefit because of offsite
damage. All other sequences including cask drops (for which offsite
radiological emergency plans are expected to be more effective) are too
low in likelihood to have a significant impact on risk.
Therefore, granting exemptions that eliminate the requirements of
10 CFR part 50 to maintain offsite radiological emergency plans and
reducing the scope of onsite emergency planning activities will not
present an undue risk to the public health and safety.
C. Consistent With the Common Defense and Security
The requested exemptions by DEF only involve EP requirements under
10 CFR part 50 and will allow DEF to revise the CR-3 Emergency Plan to
reflect the permanently shutdown and defueled condition of the
facility. Physical security measures at CR-3 are not affected by the
requested EP exemptions. The discontinuation of formal offsite
radiological emergency plans and the reduction in scope of the onsite
emergency planning activities at CR-3 will not adversely affect DEF's
ability to physically secure the site or protect special nuclear
material. Therefore, the proposed exemptions are consistent with common
defense and security.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule. The underlying purpose of 10 CFR 50.47(b), 10 CFR 50.47(c)(2),
and 10 CFR part 50, appendix E, section IV, is to provide reasonable
assurance that adequate protective measures can and will be taken in
the event of a radiological emergency, to establish plume exposure and
ingestion pathway emergency planning zones for nuclear power plants,
and to ensure that licensees maintain effective offsite and onsite
radiological emergency plans. The standards and requirements in these
regulations were developed by considering the risks associated with
operation of a power reactor at its licensed full-power level. These
risks include the potential for a reactor accident with offsite
radiological dose consequences.
As discussed previously, because CR-3 is permanently shutdown and
defueled, there is no longer a risk of offsite radiological release
from a design-basis accident and the risk of a significant offsite
radiological release from a beyond-design-basis accident is greatly
reduced when compared to an operating power reactor. The NRC staff has
confirmed the reduced risks at CR-3 by comparing the generic risk
assumptions in the analyses in NUREG-1738 to site specific conditions
at CR-3 and determined that the risk values in NUREG-1738 bound the
risks presented by CR-3. Furthermore, the staff has recently concluded
in NUREG-2161, ``Consequence Study of a Beyond-Design-Basis Earthquake
Affecting the Spent Fuel Pool for a U.S. Mark I Boiling Water
Reactor,'' dated September 2014 (ADAMS Accession No. ML14255A365),
that, consistent with earlier research studies, SFPs are robust
structures that are likely to withstand severe earthquakes without
leaking cooling water and potentially uncovering the spent fuel. The
NUREG-2161 study shows the likelihood of a radiological release from
spent fuel after the analyzed severe earthquake at the reference plant
to be about one time in 10 million years or lower.
The licensee has analyzed site-specific spent fuel air-cooling and
adiabatic heat-up beyond-design-basis accident scenarios to determine
the risk of cladding damage, and the time to rapid cladding oxidation.
The air-cooling analysis shows that as of September 26, 2013, in the
event of a complete SFP drain down due to a loss of water inventory,
assuming that natural circulation of air through the spent fuel racks
was available, the peak fuel clad temperature would remain below
1049[emsp14][deg]F (565[ordm]C), the temperature at which incipient
cladding failure may occur. Therefore, in this postulated accident,
fuel cladding remains intact.
The beyond-design-basis adiabatic heat-up accident analysis of the
spent fuel evaluates a postulated condition involving a very unlikely
scenario where the SFP is drained in such a way that all modes of
cooling or heat transfer are assumed to be unavailable. DEF analysis of
this beyond-design-basis accident shows that as of September 26, 2013,
19.7 hours would be available between the time the fuel is uncovered
(at which time adiabatic heat-up begins), until the fuel cladding
reaches a temperature of 1652[emsp14][deg]F (900[ordm]C), the
temperature associated with rapid cladding oxidation and the potential
for a significant radiological release.
Exemptions from the offsite EP requirements in 10 CFR part 50 have
previously been approved by the NRC when the site-specific analyses
show that at least 10 hours is available following a loss of SFP
coolant inventory accident with no air cooling (or other methods of
removing decay heat) until cladding of the hottest fuel assembly
reaches the zirconium rapid oxidation temperature. The NRC staff
concluded in its previously granted exemptions, as it does with the DEF
requested EP exemptions, that if a minimum of 10 hours is available to
initiate mitigative actions consistent with plant conditions, or if
needed, for offsite authorities to implement protective actions using a
CEMP approach, then formal offsite radiological emergency plans,
required under 10 CFR part 50, are not necessary at permanently
shutdown and defueled facilities.
Additionally, DEF committed to maintaining SFP makeup strategies in
its letter to the NRC dated May 7, 2014 (ADAMS Accession No.
ML14139A006). The multiple strategies for providing makeup to the SFP
include: Using existing plant systems for inventory makeup; supplying
water through hoses to connections to the existing SFP piping using the
diesel-driven fire service pump; and using a diesel-driven portable
pump to take suction from CR-3 intake and discharge canals. These
strategies will continue to be required as license condition 2.C.(14),
``Mitigation Strategy License Condition.'' Considering the very low
probability of beyond-design-basis accidents affecting the SFP, these
diverse strategies provide
[[Page 19362]]
multiple methods to obtain additional makeup or spray to the SFP before
the onset of any postulated offsite radiological release.
For all the reasons stated above, the NRC staff finds that the
licensee's requested exemptions to meet the underlying purpose of all
of the standards in 10 CFR 50.47(b), and requirements in 10 CFR
50.47(c)(2) and 10 CFR part 50, appendix E, acceptably satisfy the
special circumstances in 10 CFR 50.12(a)(2)(ii) in view of the greatly
reduced risk of offsite radiological consequences associated with the
permanently shutdown and defueled state of the CR-3 facility.
The NRC staff has concluded that the exemptions being granted by
this action will maintain an acceptable level of emergency preparedness
at CR-3 and, if needed, that there is reasonable assurance that
adequate offsite protective measures can and will be taken by State and
local government agencies using a CEMP approach in the unlikely event
of a radiological emergency at the CR-3 facility. Since the underlying
purposes of the rules, as exempted, would continue to be achieved, even
with the elimination of the requirements under 10 CFR part 50 to
maintain formal offsite radiological emergency plans and reduction in
the scope of the onsite emergency planning activities at CR-3, the
special circumstances required by 10 CFR 50.12(a)(2)(ii) exist.
E. Environmental Considerations
In accordance with 10 CFR 51.31(a), the Commission has determined
that the granting of this exemption will not have a significant effect
on the quality of the human environment as discussed in the NRC staff's
Finding of No Significant Impact and associated Environmental
Assessment published March 2, 2015 (80 FR 11233).
IV. Conclusions
Accordingly, the Commission has determined, pursuant to 10 CFR
50.12(a), that DEF's request for exemptions from certain EP
requirements in 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and 10 CFR part
50, appendix E, section IV, and as summarized in the table at the end
of this document, are authorized by law, will not present an undue risk
to the public health and safety, and are consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants DEF exemptions from certain EP
requirements of 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and 10 CFR part
50, appendix E, section IV, as discussed and evaluated in detail in the
staff's safety evaluation dated March 30, 2015. The exemptions are
effective as of March 30, 2015.
Dated at Rockville, Maryland, this 30th day of March, 2015.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
Table of Exemptions Granted to DEF
------------------------------------------------------------------------
10 CFR 50.47 NRC staff basis for exemption
------------------------------------------------------------------------
10 CFR 50.47(b).............. In the Statement of Considerations (SOC)
The NRC is granting for the final rule for emergency
exemptions from portions of planning (EP) requirements for
the rule language that would independent spent fuel storage
otherwise require offsite installations (ISFSIs) and for monitor
emergency response plans. retrievable storage installations (MRS)
(60 Federal Register (FR) 32430; June
22, 1995), the Commission responded to
comments concerning offsite EP for
ISFSIs or a MRS and concluded that,
``the offsite consequences of potential
accidents at an ISFSI or a MRS would not
warrant establishing Emergency Planning
Zones [EPZ].''
In a nuclear power reactor's permanently
defueled state, the accident risks are
more similar to an ISFSI or a MRS than
an operating nuclear power plant. The EP
program would be similar to that
required for an ISFSI under section
72.32(a) of 10 CFR when fuel stored in
the spent fuel pool (SFP) has more than
5 years of decay time and would not
change substantially when all the fuel
is transferred from the SFP to an onsite
ISFSI. Exemptions from offsite EP
requirements have previously been
approved when the site-specific analyses
show that at least 10 hours is available
until the hottest fuel assembly reaches
900[deg]C from a partial drain-down
event without any spent fuel cooling.
The technical basis that underlied the
approval of the exemption request is
based partly on the analysis of a time
period that spent fuel stored in the SFP
is unlikely to reach the zirconium
ignition temperature in less than 10
hours. This time period is based on a
heat-up calculation, which uses several
simplifying assumptions. Some of these
assumptions are conservative (adiabatic
conditions), while others are non-
conservative (no oxidation below
900[deg]C). Weighing the conservatisms
and non-conservatisms, the NRC staff
judges that this calculation reasonably
represents conditions, which may occur
in the event of an SFP accident. The
staff concluded that if 10 hours were
available to initiate mitigative
actions, or if needed, offsite
protective actions using a comprehensive
emergency management plan (CEMP), formal
offsite radiological emergency plans are
not necessary for these permanently
defueled nuclear power reactor
licensees.
As supported by the licensee's SFP
analysis, the NRC staff believes an
exemption to the requirements for formal
offsite radiological emergency plans is
justified for a zirconium fire scenario
considering the low likelihood of this
event together with time available to
take mitigative or protective actions
between the initiating event and before
the onset of a postulated fire.
The Duke Energy Florida, Inc. (DEF)
analysis has demonstrated that due to
the considerable time since shutdown,
approximately 4 years as of the date of
the analysis, the radiological
consequences of design-basis accidents
will not exceed the limits of the U.S.
Environmental Protection Agency's (EPA)
Protective Action Guidelines (PAGs) at
the exclusion area boundary. These
analyses also show that for beyond-
design-basis events where the SFP is
drained, air cooling will prevent the
fuel from reaching the lowest
temperature where incipient cladding
failure may occur (565[deg]C). In the
event that air cooling is not possible,
19.7 hours is available to take
mitigative or, if needed, offsite
protective actions using a CEMP from the
time the fuel is uncovered until it
reaches the auto-ignition temperature of
900[deg]C.
[[Page 19363]]
DEF has also furnished information on its
SFP inventory makeup strategies for
mitigating the loss of water inventory.
Several sources of makeup to the pools
are available, such as the fire service
system, using the diesel-driven fire
service pump for loss of electrical
power. If available fresh water sources
are depleted, salt water sources with
inexhaustible inventory from the Crystal
River Unit 3 (CR-3) intake and discharge
canal, using portable diesel powered
pumps are available.
Pool inventory addition can be
implemented without accessing the
elevation of the pool deck. In a letter
dated May 7, 2014, ``Crystal River Unit
3--Response to Requests for Additional
Information and Supplement 1 to License
Amendment Request #316, Revision 0''
(ADAMS Accession No. ML14139A006), DEF
withdrew its request to remove License
Condition 2.C.(14), ``Mitigation
Strategy License Condition,'' from its
Facility Operating License. This license
condition requires CR-3 to maintain its
SFP inventory makeup strategies as
discussed above.
10 CFR 50.47(b)(1)........... Refer to basis for 10 CFR 50.47(b).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require the need
for Emergency Planning Zones
(EPZs).
10 CFR 50.47(b)(3)........... Considering the time available to take
The NRC is granting mitigative or, if needed, offsite
exemptions from portions of protective actions using a CEMP between
the rule language that would the initiating event and before the
otherwise require the need onset of a postulated fire,
for an Emergency Operations decommissioning power reactors present a
Facility (EOF). low likelihood of any credible accident
resulting in a radiological release. As
such, an emergency operations facility
would not be required. The ``nuclear
island,'' control room, or other onsite
location can provide for the
communication and coordination with
offsite organizations for the level of
support required.
Also refer to basis for 10 CFR 50.47(b).
10 CFR 50.47(b)(4)........... Considering the time available to take
The NRC is granting mitigative or if needed, offsite
exemptions from portions of protective actions using a CEMP between
the rule language that would the initiating event and before the
otherwise require reference onset of a postulated fire,
to formal offsite decommissioning power reactors present a
radiological emergency low likelihood of any credible accident
response plans. resulting in a radiological release. As
such, formal offsite radiological
emergency response plans are not
required.
The Nuclear Energy Institute (NEI)
document NEI 99-01, ``Development of
Emergency Action Levels for Non-Passive
Reactors'' (Revision 6), was found to be
an acceptable method for development of
emergency action levels (EALs) and was
endorsed by the U.S. Nuclear Regulatory
Commission (NRC) in a letter dated March
28, 2013 (ADAMS Accession No.
ML12346A463). NEI 99-01 provides EALs
for non-passive operating nuclear power
reactors, permanently defueled reactors,
and ISFSIs.
Also refer to basis for 10 CFR 50.47(b).
10 CFR 50.47(b)(5)........... Refer to basis for 10 CFR 50.47(b).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require early
notification of the public
and a means to provide
instructions to the public
within the plume exposure
pathway EPZ.
10 CFR 50.47(b)(6)........... Refer to basis for 10 CFR 50.47(b).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require prompt
communications with the
public.
10 CFR 50.47(b)(7)........... Refer to basis for 10 CFR 50.47(b).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require
information to be made
available to the public on a
periodic basis about how
they will be notified and
what their initial
protective actions should be.
10 CFR 50.47(b)(9)........... Refer to basis for 10 CFR 50.47(b).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require the
capability for monitoring
offsite consequences.
10 CFR 50.47(b)(10).......... In the unlikely event of an SFP accident,
The NRC is granting the iodine isotopes, which contribute to
exemptions from portions of an offsite dose from an operating
the rule language that would reactor accident, are not present, so
reduce the range of potassium iodide distribution would no
protective actions developed longer serve as an effective or
for radiological necessary supplemental protective
emergencies. Consideration action.
of evacuation, sheltering,
or the use of potassium
iodide will no longer be
necessary. Evacuation time
estimates (ETEs) will no
longer need to developed or
updated. Protective actions
for the ingestion exposure
pathway EPZ will not need to
be developed.
[[Page 19364]]
The CR-3 SFP is considered an ISFSI and
is licensed under 10 CFR part 72,
subpart K, ``General License for Storage
of Spent Fuel at Power Reactor Sites.''
The Commission responded to comments in
its SOC for the final rule for EP
requirements for ISFSIs and MRS
facilities (60 FR 32435), and concluded
that, ``the offsite consequences of
potential accidents at an ISFSI or an
MRS would not warrant establishing
EPZs.'' Additionally, in the SOC for the
final rule for EP requirements for
ISFSIs and for MRS facilities (60 FR
32430), the Commission responded to
comments concerning site-specific EP
that includes evacuation of surrounding
population for an ISFSI not at a reactor
site, and concluded that, ``The
Commission does not agree that as a
general matter emergency plans for an
ISFSI must include evacuation
planning.''
Also refer to basis for 10 CFR 50.47(b)
and 10 CFR 50.47(b)(2).
10 CFR 50.47(c)(2)........... Refer to basis for 10 CFR 50.47(b)(10).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require the
establishment of a 10 mile
radius plume exposure
pathway EPZ and a 50 mile
radius ingestion pathway EPZ.
------------------------------------------------------------------------
------------------------------------------------------------------------
10 CFR part 50, appendix E,
section IV NRC staff basis for exemption
------------------------------------------------------------------------
10 CFR part 50, appendix E, The EP Rule published in the Federal
section IV.1. Register (76 FR 72560; November 23,
The NRC is granting 2011), amended certain requirements in
exemptions from portions of 10 CFR part 50. Among the changes, the
the rule language that would definition of ``hostile action'' was
otherwise require onsite added as an act directed toward a
protective actions during nuclear power plant or its personnel.
hostile action. This definition is based on the
definition of ``hostile action''
provided in NRC Bulletin 2005-02,
``Emergency Preparedness and Response
Actions for Security-Based Events.'' NRC
Bulletin 2005-02 was not applicable to
nuclear power reactors that have
permanently ceased operations and have
certified that fuel has been removed
from the reactor vessel.
The NRC excluded non-power reactors from
the scope of ``hostile action'' at the
time of the rulemaking because, as
defined in 10 CFR 50.2, a non-power
reactor is not considered a nuclear
power reactor and a regulatory basis had
not been developed to support the
inclusion of non-power reactors within
the scope of ``hostile action.''
Similarly, a decommissioning power
reactor or an ISFSI is not a ``nuclear
reactor'' as defined in 10 CFR part 50.
A decommissioning power reactor also has
a low likelihood of a credible accident
resulting in radiological releases
requiring offsite protective measures.
For all of these reasons, the NRC staff
concludes that a decommissioning power
reactor is not a facility that falls
within the scope of ``hostile action.''
Similarly, for security, risk insights
can be used to determine which targets
are important to protect against
sabotage. A level of security
commensurate with the consequences of a
sabotage event is required and is
evaluated on a site-specific basis. The
severity of the consequences declines as
fuel ages and, thereby, removes over
time the underlying concern that a
sabotage attack could cause offsite
radiological consequences.
Although, this analysis provides a
justification for exempting CR-3 from
``hostile action'' related requirements,
some EP requirements for security-based
events are maintained. The
classification of security-based events,
notification of offsite authorities and
coordination with offsite agencies under
a CEMP concept are still required.
10 CFR part 50, appendix E, Refer to basis for 10 CFR 50.47(b)(10).
section IV.2.
The NRC is granting
exemptions from portions of
the rule language concerning
the evacuation time analyses
within the plume exposure
pathway EPZ for the
licensee's initial
application.
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.3. appendix E, section IV.2 and 10 CFR
The NRC is granting 50.47(b).
exemptions from portions of
the rule language that would
otherwise require use of NRC-
approved ETEs and updates to
State and local governments
when developing protective
action strategies.
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.4. appendix E, section IV.2 and 10 CFR
The NRC is granting 50.47(b).
exemptions from portions of
the rule language that would
otherwise require licensees
to update evacuation time
estimates based on the most
recent census data and
submit the ETE analysis to
the NRC prior to providing
it to State and local
government for developing
protective action strategies.
[[Page 19365]]
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.5. appendix E, section IV.2 and 10 CFR
The NRC is granting an 50.47(b).
exemption from portions of
the rule language that would
otherwise require licensees
to estimate the EPZ
permanent resident
population changes once a
year between decennial
censuses.
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.6. appendix E, section IV.2 and 10 CFR
The NRC is granting an 50.47(b).
exemption from portions of
the rule language that would
otherwise require the
licensee to submit an
updated ETE analysis to the
NRC based on changes in the
resident population that
result in exceeding specific
evacuation time increase
criteria.
10 CFR part 50, appendix E, Based on the permanently shutdown and
section IV.A.1. defueled status of the reactor, a
The NRC is granting an decommissioning reactor is not
exemption from the word authorized to operate under 10 CFR
``operating'' in the 50.82(a). Because the licensee cannot
requirement to describe the operate the reactors, the licensee does
normal plant organization. not have a ``plant operating
organization.''
10 CFR part 50, appendix E, The number of staff at decommissioning
section IV.A.3. sites is generally small but is
The NRC is granting an commensurate with the need to safely
exemption from the store spent fuel at the facility in a
requirement to describe the manner that is protective of public
licensee's headquarters health and safety. Decommissioning sites
personnel sent to the site typically have a level of emergency
to augment the onsite response that does not require response
emergency response by the licensee's headquarters
organization. personnel.
10 CFR part 50, appendix E, Although, the likelihood of events that
section IV.A.4. would result in doses in excess of the
The NRC is granting EPA PAGs to the public beyond the
exemptions from portions of exclusion area boundary based on the
the rule language that would permanently shutdown and defueled status
otherwise require the of the reactor is extremely low, the
licensee to identify a licensee still must be able to determine
position and function within if a radiological release is occurring.
its organization, which will If a release is occurring, then the
carry the responsibility for licensee staff should promptly
making offsite dose communicate that information to offsite
projections. authorities for their consideration. The
offsite organizations are responsible
for deciding what, if any, protective
actions should be taken based on
comprehensive EP.
Also refer to basis for 10 CFR 50.57(b).
10 CFR part 50, appendix E, The minimal systems and equipment needed
section IV.A.5. to maintain the spent nuclear fuel in
The NRC is granting an the SFP in a safe condition requires
exemption from the minimal personnel and is governed by the
requirement for the licensee technical specifications. As such,
to identify individuals with additional employees or other persons
special qualifications, both with special qualifications are not
licensee employees and non- anticipated
employees, for coping with Refer to basis for 10 CFR part 50,
emergencies. appendix E, section IV.A.3
10 CFR part 50, appendix E, Offsite emergency measures are limited to
section IV.A.7. support provided by local police, fire
The NRC is granting departments, and ambulance and hospital
exemptions from portions of services, as appropriate. Due to the low
the rule language that would probability of design-basis accidents or
otherwise require a other credible events to exceed the EPA
description of the PAGs, protective actions such as
assistance expected from evacuation should not be required, but
State, local, and Federal could be implemented at the discretion
agencies for coping with a of offsite authorities using a CEMP.
hostile action.
Refer to basis for 10 CFR part 50,
appendix E, section IV.1 and 10 CFR
50.47(b).
10 CFR part 50, appendix E, Offsite emergency measures are limited to
section IV.A.8. support provided by local police, fire
The NRC is granting an departments, and ambulance and hospital
exemption from the services, as appropriate. Due to the low
requirement to identify the probability of design-basis accidents or
State and local officials other credible events to exceed the EPA
for ordering protective PAGs, protective actions such as
actions and evacuations. evacuation should not be required, but
could be implemented at the discretion
of offsite authorities using a CEMP.
Also refer to basis for 10 CFR 50.47(b).
10 CFR part 50, appendix E, Responsibilities should be well defined
section IV.A.9. in the emergency plan and procedures,
The NRC is granting an regularly tested through drills and
exemption from the exercises audited and inspected by the
requirement for the licensee licensee and the NRC. The duties of the
to provide an analysis on-shift personnel at a decommissioning
demonstrating that on-shift reactor facility are not as complicated
personnel are not assigned and diverse as those for an operating
responsibilities that would power reactor.
prevent performance of their
assigned emergency plan
functions.
The NRC staff considered the similarity
between the staffing levels at a
permanently shutdown and defueled
reactor and staffing levels at an
operating power reactor site. The
minimal systems and equipment needed to
maintain the spent nuclear fuel in the
SFP or in an ISFSI in a safe condition
requires minimal personnel and is
governed by Technical Specifications. In
the EP final rule published in the
Federal Register (76 FR 72560; November
23, 2011), the NRC concluded that the
staffing analysis requirement was not
necessary for non-power reactor
licensees due to the small staffing
levels required to operate the facility.
[[Page 19366]]
The NRC staff also examined the actions
required to mitigate the very low
probability design-basis events for the
SFP. Several sources of makeup to the
pools are available, such as the fire
service system, using the diesel-driven
fire service pump for loss of electrical
power. If available fresh water sources
are depleted, salt water sources with
inexhaustible inventory from the CR-3
intake and discharge canal, using
portable diesel powered pumps are
available. Pool inventory addition can
be implemented without accessing the
elevation of the pool deck. DEF believes
these diverse strategies provide defense-
in-depth and ample time to provide
makeup or spray to the SFP prior to the
onset of zirconium cladding ignition
when considering very low probability
beyond-design-basis events affecting the
SFP. In a letter dated May 7, 2014, DEF
withdrew its request to remove License
Condition 2.C.(14), ``Mitigation
Strategy License Condition,'' from its
Facility Operating License. This license
condition requires CR-3 to maintain its
SFP inventory makeup strategies as
discussed above.
10 CFR part 50, appendix E, NEI 99-01, Revision 6, was found to be an
section IV.B.1. acceptable method for development of
The NRC is granting EALs. No offsite protective actions are
exemptions from portions of anticipated to be necessary, so
the rule language that would classification above the alert level is
otherwise require offsite no longer required, which is consistent
emergency actions levels and with ISFSI facilities.
offsite protective measures
and associate offsite
monitoring for the emergency
conditions.
In addition, the NRC is
granting exemption from
portions of the rule
language that would
otherwise require emergency
action levels based on
hostile action.
Also refer to basis for 10 CFR part 50,
appendix E, section IV.1 and 10 CFR
50.47(b).
10 CFR part 50, appendix E, Containment parameters do not provide an
section IV.C.1. indication of the conditions at a
The NRC is granting defueled facility and emergency core
exemptions from portions of cooling systems are no longer required.
the rule language that would SFP level, SFP temperature, and area
otherwise require emergency radiation monitors indicate the
actions levels based on conditions at CR-3.
operating reactor concerns,
such as offsite radiation
monitoring, pressure in
containment, and the
response of the emergency
core cooling system.
In addition, the NRC is
striking language that would
otherwise require offsite
emergency action levels of a
site area emergency and a
general emergency.
In the SOC for the final rule for EP
requirements for ISFSIs and MRS
facilities (60 FR 32430), the Commission
responded to comments concerning a
general emergency at an ISFSI and a MRS,
and concluded that, ``an essential
element of a General Emergency is that a
release can be reasonably expected to
exceed EPA PAGs exposure levels off site
for more than the immediate site area.''
The probability of a condition reaching
the level above an emergency
classification of alert is very low. In
the event of an accident at a defueled
facility that meets the conditions for
relaxation of EP requirements, there
will be available time for event
mitigation and, if necessary,
implementation of offsite protective
actions using a CEMP.
NEI 99-01, Revision 6, was found to be an
acceptable method for development of
EALs. No offsite protective actions are
anticipated to be necessary, so
classification above the alert level is
no longer required.
Also, refer to the basis for 10 CFR
50.47(b).
10 CFR part 50, appendix E, In the EP rule published in the Federal
section IV.C.2. Register (76 FR 72560), non-power
The NRC is granting reactor licensees were not required to
exemptions from portions of assess, classify and declare an
the rule language that would emergency condition within 15 minutes.
otherwise require the An SFP and an ISFSI are also not nuclear
licensee to assess, power reactors as defined in the NRC's
classify, and declare an regulations. A decommissioning power
emergency condition within reactor has a low likelihood of a
15 minutes. credible accident resulting in
radiological releases requiring offsite
protective measures. For these reasons,
the NRC staff concludes that a
decommissioning power reactor should not
be required to assess, classify and
declare an emergency condition within 15
minutes.
10 CFR part 50, appendix E, Refer to basis for 10 CFR 50.47(b), 10
section IV.D.1. CFR 50.47(b)(2) and 10 CFR 50.47(b)(6).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require the
licensee to reach agreement
with local, State, and
Federal officials and
agencies for prompt
notification of protective
measures or evacuations.
In addition, the NRC is
granting an exemption from
identifying the associated
titles of officials to be
notified for each agency
within the EPZs.
[[Page 19367]]
10 CFR part 50, appendix E, Refer to basis for 10 CFR 50.47(b) ,10
section IV.D.2. CFR 50.47(b)(2) and 10 CFR 50.47(b)(5).
The NRC is granting an
exemption from the
requirement for the licensee
to annually disseminate
general information on
emergency planning and
evacuations within the plume
exposure pathway EPZ.
In addition, the NRC is
granting an exemption for
the need for signage or
other measures to address
transient populations in the
event of an accident.
10 CFR part 50, appendix E, While the capability needs to exist for
section IV.D.3. the notification of offsite government
The NRC is granting agencies within a specified time period,
exemptions from portions of previous exemptions have allowed for
the rule language that would extending the State and local government
otherwise require the agencies' notification time up to 60
licensee to have the minutes based on the site-specific
capability to make justification provided.
notifications to State and
local government agencies
within 15 minutes of
declaring an emergency.
DEF's exemption request provides that CR-
3 will make notifications to the State
of Florida and the NRC within 60 minutes
of declaration of an event. The State
Watch Office will perform the
notification to the County (Citrus), as
well as the Florida Department of
Emergency Management. In the permanently
defueled condition of the reactor, the
rapidly developing scenarios associated
with events initiated during reactor
power operation are no longer credible.
Also refer to basis for 10 CFR 50.47(b)
and 10 CFR 50.47(b)(2).
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.D.4. The NRC is appendix E, section IV.D.3 regarding the
granting an exemption from alert and notification system
the requirement for the requirements.
licensee to obtain FEMA
approval of its backup alert
and notification capability.
10 CFR part 50, appendix E, Due to the low probability of design-
section IV.E.8.a.(i). basis accidents or other credible events
The NRC is granting to exceed the EPA PAGs at the exclusion
exemptions from portions of area boundary, the available time for
the rule language that would event mitigation at a decommissioning
otherwise require the reactor and, if needed, to implement
licensee to have an onsite offsite protective actions using a CEMP,
technical support center and an EOF and a technical support center
emergency operations (TSC) would not be required to support
facility. offsite agency response. Onsite actions
may be directed from the control room or
other location, without the requirements
imposed on a TSC.
10 CFR part 50, appendix E, NUREG-0696, ``Functional Criteria for
section IV.E.8.a.(ii). Emergency Response Facilities'' (ADAMS
The NRC is granting Accession No. ML051390358) provides that
exemptions from portions of the operational support center (OSC) is
the rule language that would an onsite area separate from the control
otherwise require the room and the TSC where licensee
licensee to have an onsite operations support personnel will
operational support center. assemble in an emergency. For a
decommissioning power reactor, an OSC is
no longer required to meet its original
purpose of an assembly area for plant
logistical support during an emergency.
The OSC function can be incorporated
into another facility.
Also refer to the basis for 10 CFR part
50, appendix E, section IV.E.8.a.(i).
10 CFR part 50, appendix E, Refer to basis for 10 CFR 50.47(b)(3) and
section IV.E.8.b. and 10 CFR part 50, appendix E, section IV.E
subpart sections 8.a.(i).
IV.E.8.b.(1)--E.8.b.(5).
The NRC is granting
exemptions from the
requirements related to an
offsite emergency operations
facility's location, space
and size, communications
capability, access to plant
data and radiological
information, and access to
copying and office supplies.
10 CFR part 50, App. E, Refer to basis for 10 CFR 50.47(b)(3) and
section IV E.8.c. and 10 CFR part 50, appendix E, section IV.E
sections IV E.8.c.(1)-- 8.a.(i).
E.8.c.(3).
The NRC is granting
exemptions from the
requirements to have an
emergency operations
facility with the
capabilities to obtain and
display plant data and
radiological information;
the capability to analyze
technical information and
provide briefings; and the
capability to support events
occurring at more than one
site (if the emergency
operations center supports
more than one site).
10 CFR part 50, App. E, Refer to basis for 10 CFR part 50,
section IV E.8.d. appendix E, section IV.1; 10 CFR part
The NRC is granting 50, appendix E, section IV.E 8.a.(i);
exemptions from the and 10 CFR 50, appendix E, section
requirements to have an IV.E.8.a.(ii).
alternate facility that
would be accessible even if
the site is under threat of
or experiencing hostile
action, to function as a
staging area for
augmentation of emergency
response staff.
10 CFR part 50, appendix E, Because of the low probability of design-
section IV.E.8.e. basis accidents or other credible events
The NRC is granting an that would be expected to exceed the EPA
exemption from the need for PAGs and the available time for event
the licensee to comply with mitigation and, if needed,
paragraph 8.b of this implementation of offsite protective
section that details EOFs actions using a CEMP, there is no need
requirements. for the EOF.
Refer to basis for 10 CFR 50.47(b)(3) and
10 CFR part 50, appendix E, section IV.E
8.a.(i).
[[Page 19368]]
10 CFR part 50, appendix E, The Plume exposure pathway EPZ is no
section IV.E.9.a. longer required by the exemption granted
The NRC is granting to 10 CFR 50.47(b)(10). The State and
exemptions from portions of the local governments in which the
the rule language that would nuclear facility is located will still
otherwise require the need to be informed of events and
licensee to have emergencies, so lines of communication
communications with must be maintained.
contiguous State and local
governments that are within
the plume exposure pathway
EPZ.
Refer to basis for 10 CFR 50.47(b)(2) and
10 CFR 50.47(b)(10).
10 CFR part 50, appendix E, Because of the low probability of design-
section IV.E.9.c. basis accidents or other credible events
The NRC is granting exemption that would be expected to exceed the EPA
from the requirements for PAGs and the available time for event
communication and testing mitigation and, if needed,
provisions between the implementation of offsite protective
control room, the onsite actions using a CEMP, there is no need
TSC, State/local emergency for the TSC, EOF, offsite field
operations centers, and assessment teams, and the communication
field assessment teams. and testing provisions that refer to
them.
Refer to justification for 10 CFR
50.47(b)(3) and 10 CFR part 50, appendix
E, section IV.E 8.a.(i). Communication
with State and local emergency operation
centers is maintained to coordinate
assistance on site if required.
10 CFR part 50, appendix E, The functions of the control room, EOF,
section IV.E.9.d. TSC, and OSC may be combined into one or
The NRC is granting more locations due to the smaller
exemptions from portions of facility staff and the greatly reduced
the rule language that would required interaction with State and
otherwise require provisions local emergency response facilities. The
for communications from the licensee is still required to maintain
control room, onsite TSC, monthly communication tests with NRC
and EOF with NRC Headquarters and the appropriate
Headquarters and the Regional Operations Center.
appropriate Regional
Operations Center.
Also refer to basis for 10 CFR 50.47(b);
10 CFR 50, appendix E, section
IV.E.8.a.(i); and 10 CFR 50, appendix E,
section IV.E.8.a.(ii).
10 CFR part 50, appendix E, Decommissioning power reactor sites
section IV.F.1. and section typically have a level of emergency
IV F.1.viii. response that does not require
The NRC is granting additional response by the licensee's
exemptions from portions of headquarters personnel. Therefore, the
the rule language that would NRC staff considers exempting licensee's
otherwise require the headquarters personnel from training
licensee to provide training requirements to be reasonable.
and drills for the
licensee's headquarters
personnel, Civil Defense
personnel, or local news
media.
Due to the low probability of design-
basis accidents or other credible events
to exceed the EPA PAGs, offsite
emergency measures are limited to
support provided by local police, fire
departments, and ambulance and hospital
services, as appropriate. Local news
media personnel no longer need
radiological orientation training since
they will not be called upon to support
the formal Joint Information Center. The
term ``Civil Defense'' is no longer
commonly used; references to this term
in the examples provided in the
regulation are, therefore, not needed.
Also refer to basis for 10 CFR 50.47(b).
10 CFR part 50, appendix E, Because of the low probability of design-
section IV.F.2. basis accidents or other credible events
The NRC is granting that would be expected to exceed the
exemptions from portions of limits of EPA PAGs and the available
the rule language that would time for event mitigation and offsite
otherwise require testing of protective actions from a CEMP, the
a public alert and public alert and notification system are
notification system. not needed and, therefore, require no
testing.
Also refer to basis for 10 CFR 50.47(b).
10 CFR part 50, appendix E, Due to the low probability of design-
section IV.F.2.a. and basis accidents or other credible events
sections IV.F.2.a.(i) that would be expected to exceed the
through IV.F.2.a.(iii). limits of EPA PAGs, the available time
The NRC is granting for event mitigation and, if necessary,
exemptions from the implementation of offsite protective
requirements for full actions using a CEMP, no formal offsite
participation exercises and radiological emergency plans are
the submittal of the required and full participation
associated exercise emergency plan exercises that test the
scenarios to the NRC. State and local emergency plans are not
necessary.
The intent of submitting exercise
scenarios at an operating power reactor
site is to ensure that licensees utilize
different scenarios in order to prevent
the preconditioning of responders at
power reactors. For decommissioning
power reactor sites, there are limited
events that could occur, and as such,
the submittal of exercise scenarios is
not necessary.
The licensee would be exempt from 10 CFR
part 50, appendix E, section
IV.F.2.a.(i)-(iii) because the licensee
would be exempt from the umbrella
provision of 10 CFR part 50, appendix E,
section IV.F.2.a.
Also, refer to the basis for 10 CFR
50.47(b) and 10 CFR part 50, appendix E,
section IV.C.1.
10 CFR part 50, appendix E, The intent of submitting onsite exercise
section IV.F.2.b. scenarios at an operating power reactor
The NRC is granting site is to ensure that licensees utilize
exemptions from portions of different scenarios in order to prevent
the rule language that would the preconditioning of responders at
otherwise require the power reactors. For decommissioning
licensee to submit scenarios power reactor sites, there are limited
for its biennial exercises events that could occur, and as such,
of its onsite emergency the submittal of exercise scenarios is
plan. In addition, the NRC not necessary. Biennial exercises are
is granting exemption from not required per the exemption from 10
portions of the rule CFR part 50, appendix E, section
language that requires IV.F.2.c.
assessment of offsite
releases, protective action
decision making, and
references to the TSC, OSC,
and EOF.
[[Page 19369]]
The low probability of design basis
accidents or other credible events that
would exceed the EPA PAGs, the available
time for event mitigation and, if
necessary, implementation of offsite
protective actions using a CEMP, render
a TSC, OSC and EOF unnecessary. The
principal functions required by
regulation can be performed at an onsite
location that does not meet the
requirements of the TSC, OSC, or EOF.
Refer to basis for 10 CFR part 50,
appendix E, section IV.F.2.a; 10 CFR
part 50, appendix E, section IV.E
8.a.(i); 10 CFR part 50, appendix E,
section IV.E 8.a.(ii); and 10 CFR
50.47(b).
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.F.2.c. and appendix E, section IV.F.2.a and 10 CFR
sections IV F.2.c.(1) 50.47(b).
through F.2.c.(5).
The NRC is granting
exemptions from the
requirements regarding the
need for the licensee to
exercise offsite plans
biennially with full
participation by each
offsite authority having a
role under the radiological
response plan. The NRC is
also granting exemptions
from the conditions for
conducting these exercises
(including hostile action
exercises) if two different
licensees have facilities on
the same site or on
adjacent, contiguous sites,
or share most of the
elements defining co-located
licensees.
10 CFR part 50, appendix E, Refer to basis for 10 CFR 50, appendix E,
section IV.F.2.d. section IV.F.2.a.
The NRC is granting
exemptions from the
requirements to obtain State
participation in an
ingestion pathway exercise
and a hostile action
exercise, with each State
that has responsibilities,
at least once per exercise
cycle.
10 CFR part 50, appendix E, Refer to basis for 10 CFR 50.47(b)(2) and
section IV.F.2.e. 10 CFR 50.47(b)(10).
The NRC is granting
exemptions from portions of
the rule language that would
otherwise require the
licensee to allow
participation exercise in
licensee drills by any State
and local Government in the
plume exposure pathway EPZ
when requested.
10 CFR part 50, appendix E, FEMA is responsible for evaluating the
section IV.F.2.f. adequacy of offsite response during an
The NRC is granting exercise. No action is expected from
exemptions from portions of State or local government organizations
the rule language that would in response to an event at a
otherwise require FEMA to decommissioning power reactor site other
consult with the NRC on than onsite firefighting, law
remedial exercises. The NRC enforcement and ambulance/medical
is granting exemption from services support. A memorandum of
portions of the rule understanding is in place for those
language that discuss the services. Offsite response organizations
extent of State and local will continue to take actions on a
participation in remedial comprehensive emergency planning basis
exercises. to protect the health and safety of the
public as they would at any other
industrial site.
Also, refer to the basis for 10 CFR 50,
appendix E, section IV.F.2.a.
10 CFR part 50, appendix E, Due to the low probability of design-
section IV.F.2.i. basis accidents or other credible events
The NRC is granting to exceed the EPA PAGs, the available
exemptions from portions of time for event mitigation and, if
the rule language that would needed, implementation of offsite
otherwise require the protective actions using a CEMP, the
licensee to engage in drills previously routine progression to
and exercises for scenarios general emergency in power reactor site
that include a wide spectrum scenarios is not applicable to a
of radiological release decommissioning site. Therefore, the
events and hostile action. licensee is not expected to demonstrate
response to a wide spectrum of events.
Also refer to basis for 10 CFR part 50,
appendix E, section IV.1 regarding
hostile action.
10 CFR part 50, appendix E, With the permanently shutdown defueled
section IV.F.2.j. and conditions of the site, where only
The NRC is granting the SFP and its related support systems,
exemptions from the structures, and components remain, there
requirements regarding the are no other facilities in which
need for the licensee's emergency response organization
emergency response personnel could demonstrate proficiency.
organization to demonstrate
proficiency in key skills in
the principal functional
areas of emergency response.
In addition, the NRC is
granting an exemption during
an eight calendar year
exercise cycle, from
demonstrating proficiency in
the key skills necessary to
respond to such scenarios as
hostile actions, unplanned
minimal radiological
release, Sec. 50.54(hh)(2)
implementation strategies,
and scenarios involving
rapid escalation to a site
area emergency or general
emergency.
Also refer to basis for 10 CFR part 50,
appendix E, section IV.F.2.i.
[[Page 19370]]
10 CFR part 50, appendix E, Refer to basis for 10 CFR part 50,
section IV.I. appendix E, section IV.1.
The NRC is granting
exemptions from the
requirements regarding the
need for the licensee to
develop a range of
protective action for onsite
personnel during hostile
actions.
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[FR Doc. 2015-08311 Filed 4-9-15; 8:45 am]
BILLING CODE 7590-01-P