ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2, 45003-45005 [2015-18474]

Download as PDF Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices company, Energy Fuels, will remain qualified by reason of training and experience to use source material as to protect health and minimize danger to life or property; equipment, facilities, and procedures will remain adequate to protect health and minimize danger to life or property; and this action is not inimical to the common defense and security or to the health and safety of the public. These actions comply with the standards and requirements of the Atomic Energy Act of 1954, as amended, and NRC’s rules and regulations. II. Availability of Documents The documents identified in the following table are available to interested persons through the ADAMS Public Documents collection. ADAMS Accession No. Document Applicant’s application, March 12, 2015. Supplementary information, June 5, 2015. NRC Letter approving change of control, June 18, 2015. NRC Order dated June 18, 2015. NRC Safety Evaluation Report dated June 18, 2015. ML15084A286 ML15160A025 ML15161A464 ML15161A470 ML15161A486 Dated at Rockville, Maryland, this 16th day of July, 2015. For the Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015–18463 Filed 7–27–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–295 and 50–304; NRC– 2015–0168] ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2 Nuclear Regulatory Commission. ACTION: Exemption; issuance. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from certain emergency planning requirements in response to a May 27, 2014, request from ZionSolutions, LLC. The exemptions remove requirements that are no longer applicable since all the fuel has been transferred from the spent fuel pool to SUMMARY: VerDate Sep<11>2014 19:17 Jul 27, 2015 Jkt 235001 an independent spent fuel storage installation (ISFSI). ADDRESSES: Please refer to Docket ID NRC–2015–0168 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0168. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (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: John B. Hickman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 3017, email: John.Hickman@nrc.gov. I. Background In section 50.47 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Emergency plans,’’ provides in part, ‘‘. . . no initial operating license for a nuclear power reactor will be issued unless a finding is made by the NRC that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.’’ Appendix E to 10 CFR part 50, ‘‘Emergency Planning and Preparedness for Production and Utilization Facilities,’’ provides in part, ‘‘This appendix establishes minimum requirements for emergency plans for use in attaining an acceptable state of emergency preparedness.’’ Zion Nuclear Power Station (ZNPS), Units 1 and 2 were permanently shut PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 45003 down in February 1998, for economic reasons. The licensee placed the plant in SAFSTOR, which means that the licensee deferred dismantling and decontamination of the facility while maintaining and monitoring the facility in a condition that allowed radioactivity to decay. The licensee isolated the spent fuel pool (SFP) within its Fuel Building and established a spent fuel pool nuclear island with SFP-dedicated support systems. In 1999, the NRC issued an exemption from certain requirements of 10 CFR part 50 for the ZNPS licensee to discontinue offsite emergency planning activities and to reduce the scope of onsite emergency planning. In September 2010, the licensed ownership, management authorities, and decommissioning trust fund of the permanently shutdown facility was transferred to ZionSolutions (ZS), a subsidiary of EnergySolutions, for the purpose of completing all decommissioning activities with the end goal of full site restoration. Active decommissioning is currently underway. As of January 12, 2015, all of the spent fuel at the ZNPS had been transferred to the ZNPS ISFSI. II. Request/Action By letter dated May 27, 2014, (ADAMS Accession No. ML14148A295), ZS submitted a ‘‘License Amendment Request for Proposed Revision to Zion Nuclear Power Station Defueled Station Emergency Plan and Request for Exemption from Certain Requirements of 10 CFR 50.47, and 10 CFR part 50, appendix E.’’ The amendment request was addressed separately by the NRC in a letter dated May 14, 2015 (ADAMS Accession No. ML15092A380). III. Discussion Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50 when (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. The NRC staff reviewed the licensee’s request and determined that exemptions should be granted, or continue to be granted, from the following requirements: The requirements of 10 CFR 50.47(b)(10); the requirement: ‘‘By June 20, 2012, nuclear power reactor,’’ and ‘‘within 15 minutes,’’ and to protect public health and safety provided that any delay in declaration does not deny the State and local authorities the opportunity to implement measures E:\FR\FM\28JYN1.SGM 28JYN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 45004 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices necessary to protect the public health and safety,’’ of 10 CFR part 50, appendix E, section IV.C.2; the requirement: ‘‘and agreements reached with these officials and agencies for the prompt notification of the public and for public evacuation or other protective measures, should they become necessary,’’ and ‘‘of the appropriate officials, by title and agency,’’ and ‘‘within the EPZs,’’ of 10 CFR part 50, appendix E, section IV.D.1; the requirement: ‘‘onsite technical support center and an emergency operations,’’ of 10 CFR part 50, appendix E, section IV.E 8.a.(i); the requirements of 10 CFR part 50, appendix E, section IV.E.9.c; the requirement: ‘‘from the nuclear power reactor control room, the onsite technical support center, and the emergency operations facility,’’ of 10 CFR part 50, appendix E, section IV.E.9.d; the requirement: ‘‘including control room shift personnel,’’ of 10 CFR part 50, appendix E, section IV.F.1.ii; the requirements of 10 CFR part 50, appendix E, section IV.F.1.viii; the requirement: ‘‘/Civil Defense,’’ and ‘‘local news media persons,’’ of 10 CFR part 50, appendix E, section IV.F.1; the requirements of 10 CFR part 50, appendix E, section IV.F.2.a; including subsections IV.F.2.a.(i), IV.F.2.a.(ii), and IV.F.2.a.(iii); the requirement: ‘‘Nuclear power reactor licensees shall submit exercise scenarios under 10 CFR 50.4 at least 60 days before use in an exercise required by this paragraph 2.b. The exercise may be included in the full participation biennial exercise required by paragraph 2.c. of this section,’’ and ‘‘and offsite,’’ and ‘‘protective action recommendation development, protective action decision making, plant,’’ and ‘‘(Technical Support Center (TSC), Operations Support Center (OSC), and the Emergency Operations Facility (EOF)),’’ of 10 CFR part 50, appendix E, section IV.F.2.b. The exemption request was reviewed against the acceptance criteria included in 10 CFR 50.47, appendix E to 10 CFR part 50, 10 CFR 72.32 and Spent Fuel Project Office Interim Staff Guidance— 16, ‘‘Emergency Planning’’ (ADAMS Accession No. ML003724570). The review considered the permanently shutdown and defueled status of the reactor with all fuel transferred to the ISFSI, and the low likelihood of any credible accident resulting in radiological releases requiring offsite protective measures. These evaluations are documented in the NRC staff Safety Evaluation Report (ADAMS Accession No. ML15140A563). The staff concludes that the Defueled Station Emergency Plan for ZNPS provides: (1) An adequate VerDate Sep<11>2014 19:17 Jul 27, 2015 Jkt 235001 basis for an acceptable state of emergency preparedness, and (2) in conjunction with arrangements made with offsite response agencies, provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the ZNPS Site. The Commission has concluded that the licensee’s request for an exemption from certain requirements of 10 CFR 50.47(b) and 10 CFR part 50, appendix E, section IV as specified above are acceptable in view of the greatly reduced offsite radiological consequences associated with the current plant status as permanently shutdown with all spent fuel in the ISFSI. The NRC has determined that other requirements from which ZS requested exemptions were not applicable to the ZNPS or are being met by the ZNPS Defueled Station Emergency Plan, or that an exemption was not appropriate. Therefore, an exemption was not necessary or was denied for those requirements. A. Exemption Is Authorized by Law The NRC has found that ZS meets the criteria for an exemption in 10 CFR 50.12. The NRC has determined that granting the exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission’s regulations. Therefore, the exemption is authorized by law. B. The Exemption Presents No Undue Risk to Public Health and Safety and Is Consistent With the Common Defense and Security In the Safety Evaluation Report, the NRC staff explains that ZS’s implementation of the ZNPS Defueled Station Emergency Plan, with the exemptions, will continue to provide this reasonable assurance of adequate protection. In addition, the requested exemptions only involve EP requirements under 10 CFR part 50. Physical security measures at ZNPS will not be affected by the requested EP exemptions, and granting the exemptions will not adversely affect ZS’s ability to physically secure the site or protect special nuclear material. Thus, granting the exemptions will not present an undue risk to public health or safety and is not inconsistent with the common defense and security. C. Special Circumstances Are Present For the Commission to grant an exemption, special circumstances must exist. Under 10 CFR 50.12(a)(2)(ii), special circumstances are present when ‘‘[a]pplication of the regulation in the PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule.’’ These special circumstances exist here, given the current plant status as permanently shutdown with all spent fuel in the ISFSI. The NRC has determined that ZS’s compliance with the regulations listed above is not necessary for the licensee to demonstrate that, under its emergency plan, there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. Consequently, special circumstances are present because requiring ZS to comply with the regulations listed above is not necessary to achieve the underlying purpose of the EP regulations. D. Environmental Considerations Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to this exemption was published in the Federal Register on July 16, 2015 (80 FR 42129). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. IV. Conclusion The NRC staff reviewed the licensee’s submittals and concludes that the licensee’s request for an exemption from certain requirements of 10 CFR 50.47(b) and appendix E to10 CFR part 50 as specified above are acceptable in view of the greatly reduced offsite radiological consequences associated with the current plant status as permanently shut down. The Commission has determined that, pursuant to 10 CFR 50.12, the exemptions are authorized by law, will not present an undue risk to the public health and safety, are consistent with the common defense and security, and special circumstances are present in that compliance with the specified regulations is not necessary for reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the ZNPS facility based on its permanently shut-down condition. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 20th day of July, 2015. E:\FR\FM\28JYN1.SGM 28JYN1 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices For the Nuclear Regulatory Commission. Larry W. Camper, Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6258; email: INFOCOLLECTS.Resource@NRC.GOV. SUPPLEMENTARY INFORMATION: [FR Doc. 2015–18474 Filed 7–27–15; 8:45 am] I. Obtaining Information and Submitting Comments BILLING CODE 7590–01–P A. Obtaining Information NUCLEAR REGULATORY COMMISSION [NRC–2015–0043] Information Collection: Request for Information Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights From the Fukushima Dai-ichi Event Nuclear Regulatory Commission. ACTION: Renewal of existing information collection; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, ‘‘Request for Information Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Event.’’ DATES: Submit comments by September 28, 2015. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0043. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Tremaine Donnell, Office of Information Services, Mail Stop: T–5 F53, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Tremaine Donnell, Office of Information asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:17 Jul 27, 2015 Jkt 235001 Please refer to Docket ID NRC–2015– 0043 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0043. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC–2015–0043 on this Web site. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession No. ML12053A340. The supporting statement and burden estimates are available in ADAMS under Accession Nos. ML15128A589 and ML15128A602. • 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. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting NRC’s Clearance Officer, Tremaine Donnell, Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 6258; email: INFOCOLLECTS.Resource@ NRC.GOV. B. Submitting Comments Please include Docket ID NRC–2015– 0043 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 45005 The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS, and the NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the NRC is requesting public comment on its intention to request the OMB’s approval for the information collection summarized below. 1. The title of the information collection: Request for Information Pursuant to 10 CFR 50.54(f) Regarding Recommendations 2.1, 2.3, and 9.3 of the Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Event. 2. OMB approval number: 3150–0211. 3. Type of submission: Extension. 4. The form number, if applicable: Not applicable. 5. How often the collection is required or requested: Once. 6. Who will be required or asked to respond: 99 power reactor licensees, 1 reactor in the process of resuming licensing, and 2 Combined License holders (2 units each). 7. The estimated number of annual responses: 124. 8. The estimated number of annual respondents: 104. 9. The estimated number of hours needed annually to comply with the information collection requirement or request: 205,902. 10. Abstract: Following events at the Fukushima Dai-Ichi nuclear power plant resulting from the March 11, 2011, earthquake and subsequent tsunami, and in response to requirements contained in section 402 of the Consolidated Appropriations Act (Pub. L. 112–074), the NRC requested information from power reactor E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Notices]
[Pages 45003-45005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18474]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304; NRC-2015-0168]


ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from certain emergency planning requirements in response to a 
May 27, 2014, request from ZionSolutions, LLC. The exemptions remove 
requirements that are no longer applicable since all the fuel has been 
transferred from the spent fuel pool to an independent spent fuel 
storage installation (ISFSI).

ADDRESSES: Please refer to Docket ID NRC-2015-0168 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0168. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (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: John B. Hickman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3017, email: 
John.Hickman@nrc.gov.

I. Background

    In section 50.47 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Emergency plans,'' provides in part, ``. . . no initial 
operating license for a nuclear power reactor will be issued unless a 
finding is made by the NRC that there is reasonable assurance that 
adequate protective measures can and will be taken in the event of a 
radiological emergency.'' Appendix E to 10 CFR part 50, ``Emergency 
Planning and Preparedness for Production and Utilization Facilities,'' 
provides in part, ``This appendix establishes minimum requirements for 
emergency plans for use in attaining an acceptable state of emergency 
preparedness.''
    Zion Nuclear Power Station (ZNPS), Units 1 and 2 were permanently 
shut down in February 1998, for economic reasons. The licensee placed 
the plant in SAFSTOR, which means that the licensee deferred 
dismantling and decontamination of the facility while maintaining and 
monitoring the facility in a condition that allowed radioactivity to 
decay. The licensee isolated the spent fuel pool (SFP) within its Fuel 
Building and established a spent fuel pool nuclear island with SFP-
dedicated support systems. In 1999, the NRC issued an exemption from 
certain requirements of 10 CFR part 50 for the ZNPS licensee to 
discontinue offsite emergency planning activities and to reduce the 
scope of onsite emergency planning. In September 2010, the licensed 
ownership, management authorities, and decommissioning trust fund of 
the permanently shutdown facility was transferred to ZionSolutions 
(ZS), a subsidiary of EnergySolutions, for the purpose of completing 
all decommissioning activities with the end goal of full site 
restoration. Active decommissioning is currently underway. As of 
January 12, 2015, all of the spent fuel at the ZNPS had been 
transferred to the ZNPS ISFSI.

II. Request/Action

    By letter dated May 27, 2014, (ADAMS Accession No. ML14148A295), ZS 
submitted a ``License Amendment Request for Proposed Revision to Zion 
Nuclear Power Station Defueled Station Emergency Plan and Request for 
Exemption from Certain Requirements of 10 CFR 50.47, and 10 CFR part 
50, appendix E.'' The amendment request was addressed separately by the 
NRC in a letter dated May 14, 2015 (ADAMS Accession No. ML15092A380).

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present.
    The NRC staff reviewed the licensee's request and determined that 
exemptions should be granted, or continue to be granted, from the 
following requirements: The requirements of 10 CFR 50.47(b)(10); the 
requirement: ``By June 20, 2012, nuclear power reactor,'' and ``within 
15 minutes,'' and to protect public health and safety provided that any 
delay in declaration does not deny the State and local authorities the 
opportunity to implement measures

[[Page 45004]]

necessary to protect the public health and safety,'' of 10 CFR part 50, 
appendix E, section IV.C.2; the requirement: ``and agreements reached 
with these officials and agencies for the prompt notification of the 
public and for public evacuation or other protective measures, should 
they become necessary,'' and ``of the appropriate officials, by title 
and agency,'' and ``within the EPZs,'' of 10 CFR part 50, appendix E, 
section IV.D.1; the requirement: ``onsite technical support center and 
an emergency operations,'' of 10 CFR part 50, appendix E, section IV.E 
8.a.(i); the requirements of 10 CFR part 50, appendix E, section 
IV.E.9.c; the requirement: ``from the nuclear power reactor control 
room, the onsite technical support center, and the emergency operations 
facility,'' of 10 CFR part 50, appendix E, section IV.E.9.d; the 
requirement: ``including control room shift personnel,'' of 10 CFR part 
50, appendix E, section IV.F.1.ii; the requirements of 10 CFR part 50, 
appendix E, section IV.F.1.viii; the requirement: ``/Civil Defense,'' 
and ``local news media persons,'' of 10 CFR part 50, appendix E, 
section IV.F.1; the requirements of 10 CFR part 50, appendix E, section 
IV.F.2.a; including subsections IV.F.2.a.(i), IV.F.2.a.(ii), and 
IV.F.2.a.(iii); the requirement: ``Nuclear power reactor licensees 
shall submit exercise scenarios under 10 CFR 50.4 at least 60 days 
before use in an exercise required by this paragraph 2.b. The exercise 
may be included in the full participation biennial exercise required by 
paragraph 2.c. of this section,'' and ``and offsite,'' and ``protective 
action recommendation development, protective action decision making, 
plant,'' and ``(Technical Support Center (TSC), Operations Support 
Center (OSC), and the Emergency Operations Facility (EOF)),'' of 10 CFR 
part 50, appendix E, section IV.F.2.b.
    The exemption request was reviewed against the acceptance criteria 
included in 10 CFR 50.47, appendix E to 10 CFR part 50, 10 CFR 72.32 
and Spent Fuel Project Office Interim Staff Guidance--16, ``Emergency 
Planning'' (ADAMS Accession No. ML003724570). The review considered the 
permanently shutdown and defueled status of the reactor with all fuel 
transferred to the ISFSI, and the low likelihood of any credible 
accident resulting in radiological releases requiring offsite 
protective measures. These evaluations are documented in the NRC staff 
Safety Evaluation Report (ADAMS Accession No. ML15140A563). The staff 
concludes that the Defueled Station Emergency Plan for ZNPS provides: 
(1) An adequate basis for an acceptable state of emergency 
preparedness, and (2) in conjunction with arrangements made with 
offsite response agencies, provides reasonable assurance that adequate 
protective measures can and will be taken in the event of a 
radiological emergency at the ZNPS Site.
    The Commission has concluded that the licensee's request for an 
exemption from certain requirements of 10 CFR 50.47(b) and 10 CFR part 
50, appendix E, section IV as specified above are acceptable in view of 
the greatly reduced offsite radiological consequences associated with 
the current plant status as permanently shutdown with all spent fuel in 
the ISFSI.
    The NRC has determined that other requirements from which ZS 
requested exemptions were not applicable to the ZNPS or are being met 
by the ZNPS Defueled Station Emergency Plan, or that an exemption was 
not appropriate. Therefore, an exemption was not necessary or was 
denied for those requirements.

A. Exemption Is Authorized by Law

    The NRC has found that ZS meets the criteria for an exemption in 10 
CFR 50.12. The NRC has determined that granting the exemption will not 
result in a violation of the Atomic Energy Act of 1954, as amended, or 
the Commission's regulations. Therefore, the exemption is authorized by 
law.

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

    In the Safety Evaluation Report, the NRC staff explains that ZS's 
implementation of the ZNPS Defueled Station Emergency Plan, with the 
exemptions, will continue to provide this reasonable assurance of 
adequate protection. In addition, the requested exemptions only involve 
EP requirements under 10 CFR part 50. Physical security measures at 
ZNPS will not be affected by the requested EP exemptions, and granting 
the exemptions will not adversely affect ZS's ability to physically 
secure the site or protect special nuclear material. Thus, granting the 
exemptions will not present an undue risk to public health or safety 
and is not inconsistent with the common defense and security.

C. Special Circumstances Are Present

    For the Commission to grant an exemption, special circumstances 
must exist. Under 10 CFR 50.12(a)(2)(ii), special circumstances are 
present when ``[a]pplication of the regulation in the particular 
circumstances would not serve the underlying purpose of the rule or is 
not necessary to achieve the underlying purpose of the rule.'' These 
special circumstances exist here, given the current plant status as 
permanently shutdown with all spent fuel in the ISFSI. The NRC has 
determined that ZS's compliance with the regulations listed above is 
not necessary for the licensee to demonstrate that, under its emergency 
plan, there is reasonable assurance that adequate protective measures 
can and will be taken in the event of a radiological emergency. 
Consequently, special circumstances are present because requiring ZS to 
comply with the regulations listed above is not necessary to achieve 
the underlying purpose of the EP regulations.

D. Environmental Considerations

    Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental 
assessment and finding of no significant impact related to this 
exemption was published in the Federal Register on July 16, 2015 (80 FR 
42129). Based upon the environmental assessment, the Commission has 
determined that issuance of this exemption will not have a significant 
effect on the quality of the human environment.

IV. Conclusion

    The NRC staff reviewed the licensee's submittals and concludes that 
the licensee's request for an exemption from certain requirements of 10 
CFR 50.47(b) and appendix E to10 CFR part 50 as specified above are 
acceptable in view of the greatly reduced offsite radiological 
consequences associated with the current plant status as permanently 
shut down.
    The Commission has determined that, pursuant to 10 CFR 50.12, the 
exemptions are authorized by law, will not present an undue risk to the 
public health and safety, are consistent with the common defense and 
security, and special circumstances are present in that compliance with 
the specified regulations is not necessary for reasonable assurance 
that adequate protective measures can and will be taken in the event of 
a radiological emergency at the ZNPS facility based on its permanently 
shut-down condition.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 20th day of July, 2015.


[[Page 45005]]


    For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-18474 Filed 7-27-15; 8:45 am]
 BILLING CODE 7590-01-P