Duke Energy Florida, Inc., LLC; Crystal River Unit 3 Nuclear Generating Plant, 89511-89514 [2016-29712]
Download as PDF
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
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
withdrawal notice for RG 1.25 is
available in ADAMS under accession
No. ML16105A081.
• 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
Parillo, Office of Nuclear Reactor
Regulation, telephone 301–415–1344;
email John.Parillo@nrc.gov or Mark Orr,
Office of Nuclear Regulatory Research,
telephone: 301–415–6003; email:
Mark.Orr@nrc.gov. Both are staff of the
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION: Regulatory
guides may be withdrawn by the NRC
when their guidance no longer provides
useful information, or is superseded by
technological innovations,
congressional actions, or other events.
The withdrawal of an RG should be
thought of as the final revision of the
guide.
The NRC issued RG 1.25,
‘‘Assumptions used for Evaluating the
Potential Radiological Consequences of
a Fuel Handling Accident in the Fuel
Handling and Storage Facility for
Boiling and Pressurized Water
Reactors,’’ in March 1972 to provide
guidance for the evaluation of the
design basis fuel handling accident to
demonstrate compliance with the NRC’s
regulations in part 100 of Title 10 of the
Code of Federal Regulations. The NRC
is withdrawing RG 1.25 because the
guidance contained in RG 1.25 has been
superseded by more current guidance,
which has been incorporated into RG
1.183, ‘‘Alternative Radiological Source
Terms for Evaluating Design Basis
Accidents at Nuclear Power Reactors,’’
and RG 1.195, ‘‘Methods and
Assumptions for Evaluating
Radiological Consequences of Design
Basis Accidents at Light-Water Nuclear
Power Reactors.’’ The information in RG
1.183 provides guidance for new and
existing light-water reactor (LWR) plants
that have adopted the alternative source
term (AST), and RG 1.195 provides
guidance for those LWR plants that have
not adopted the AST.
The withdrawal of RG 1.25 does not
alter any prior or existing NRC licensing
approval or the acceptability of licensee
commitments to RG 1.25. Although RG
1.25 is withdrawn, current licensees
may continue to use it, and withdrawal
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
does not affect any existing licenses or
agreements. However, RG 1.25 should
not be used in future requests or
applications for NRC licensing actions.
Dated at Rockville, Maryland, this 5th day
of December, 2016.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2016–29661 Filed 12–9–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2016–0253]
Duke Energy Florida, Inc., LLC; Crystal
River Unit 3 Nuclear Generating Plant
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a partial
exemption from three record keeping
requirements in its regulations in
response to a September 14, 2016,
request from Duke Energy Florida, (DEF,
or the licensee). Specifically, the
licensee requested that the Crystal River
Unit 3 Nuclear Generating Plant (CR–3),
be granted a partial exemption from
regulations that require retention of
records for certain systems, structures,
and components.
DATES: The exemption was issued on
November 30, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0253 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–2016–0253. 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 publiclyavailable 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,
SUMMARY:
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
89511
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 it 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
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.
SUPPLEMENTARY INFORMATION:
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 CR–
3 has been shutdown since September
26, 2009. Subsequently, the licensee
determined that issues with
containment integrity could not be
satisfactorily resolved and decided not
to attempt to restart the facility. On May
28, 2011, DEF completed the removal of
fuel from the reactor vessel at CR–3. 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 with § 50.82(a)(1)(ii)
that it had permanently defueled the
reactor vessel at CR–3. Because CR–3 is
a permanently shutdown and defueled
facility, and in accordance with
§ 50.82(a)(2), DEF is no longer
authorized to operate the reactor or
emplace nuclear fuel into the reactor
vessel. The licensee 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).
II. Request/Action
By letter dated September 14, 2016
(ADAMS Accession No. ML16258A058),
DEF filed a request for NRC approval of
an exemption from the record retention
requirements of: (1) 10 CFR part 50,
appendix B, Criterion XVII, which
requires certain records be retained
consistent with other regulatory
requirements; (2) § 50.59(d)(3), which
requires certain records be maintained
until termination of a license issued
E:\FR\FM\12DEN1.SGM
12DEN1
89512
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
pursuant to 10 CFR part 50; and (3)
§ 50.71(c), which requires certain
records be maintained consistent with
various elements of the NRC
regulations, facility technical
specifications, and other licensing basis
documents.
The licensee is requesting an
exemption from the requirement to
retain these records when the following
conditions are satisfied: (1) The CR–3
licensing basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective. The licensee cites record
retention exemptions granted to Zion
Nuclear Power Station, Units 1 and 2
(76 FR 39134), Millstone Power Station,
Unit 1, (72 FR 5755), and Haddam Neck
Plant (70 FR 54587), as examples of the
NRC granting similar requests.
Records associated with residual
radiological activity and with
programmatic controls necessary to
support decommissioning, such as
security and quality assurance, are not
affected by the exemption request, and
would be retained as decommissioning
records until the termination of the CR–
3 license. In addition, the licensee did
not request an exemption from 10 CFR
part 50, appendix A, Criterion 1, which
requires certain records to be
maintained ‘‘throughout the life of the
unit,’’ because CR–3 is not a general
design criteria facility. Nor did DEF
request an exemption associated with
any record keeping requirements for
storage of spent fuel at the CR–3 ISFSI
under 10 CFR part 50, the general
license requirements of 10 CFR part 72,
or for the other requirements of 10 CFR
part 50 or Facility Operating License
No. DPR–72 applicable to the
decommissioning and dismantlement of
the CR–3 plant.
III. Discussion
Pursuant to § 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 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. However, the
Commission will not consider granting
an exemption unless special
circumstances are present. Special
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
circumstances are described in
§ 50.12(a)(2).
According to the Final Safety
Analysis Report, revision 38, submitted
May 25, 2016 (ADAMS Accession No.
ML16172A182), the majority of plant
components at CR–3 no longer meet the
definition of safety related in § 50.2.
The September 14, 2016 (ADAMS
Accession No. ML16258A058)
exemption application states that the
CR–3 nuclear steam supply system and
balance of plant SSCs will be
abandoned in place pending
dismantlement. These SSCs are no
longer operable or maintained except as
required to support safe storage of spent
fuel in the SFP or those that are needed
to meet other regulatory requirements or
are needed to support other site
facilities (e.g., radioactive waste
handling, Heating, Ventilation, and Air
Conditioning (HVAC), etc.). The
licensee’s justification for eliminating
records is that these SSCs have been (or
will be) removed from service under the
NRC license, dismantled or demolished,
and that therefore maintenance of these
records will not serve any function
regulated by the NRC.
While DEF stated that it would retain
the records required as the project
transitions from current plant
conditions to a plant with spent fuel
only in dry storage, the transition will
remove the safety and business need for
the maintenance of most records. As the
SSCs are removed from the licensing
basis and the need for the associated
records is eliminated, the licensee
proposes that they be exempted from
the records retention requirements for
SSCs and historical activities associated
with (1) the CR–3 licensing basis
requirements previously applicable to
the nuclear power unit and associated
systems, structures and components
(SSCs) that are no longer effective (i.e.,
removed from the Final Safety Analysis
Report and/or Technical Specifications
by appropriate change mechanisms); or
(2) for SSCs associated with safe storage
of fuel in the SFPs when spent fuel has
been completely removed from the
SFPs, and the associated licensing bases
are no longer effective, thereby
eliminating the associated regulatory
and economic burdens of creating
alternative storage locations, relocating
records, and retaining irrelevant
records.
The exemption request states that all
records necessary for spent fuel and
spent fuel storage SSCs and activities
have been, and will continue to be,
retained for the SFP throughout its
functional life. Similar to other plant
records, once the SFP is emptied of fuel,
drained and ready for demolition, there
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
will be no safety-significant function or
other regulatory need for retaining
certain SFP-related records.
The DEF stated that some records
related to the nuclear steam supply
system, balance of plant, and SFP will
continue to be maintained under NRC
regulations due to residual radioactivity.
The radiological and other necessary
programmatic controls (such as security
and quality assurance) for the facility
and decommissioning activities are and
will continue to be appropriately
addressed through the license and
current plant documents such as the
updated Final Safety Analysis Report
and Technical Specifications. These
programmatic elements and their
associated records would be unaffected
by the requested exemption.
The Exemption Is Authorized by Law
The NRC has determined that granting
the licensee’s proposed exemption will
not result in a violation of the Atomic
Energy Act of 1954, as amended, other
laws, or other Commission regulations.
Therefore, the exemption from the
record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
is authorized by law.
The Exemption Presents No Undue Risk
to Public Health and Safety
Removal of the underlying SSCs
associated with the records for which
DEF has requested an exemption from
record keeping requirements will not
have adverse public health and safety
impact because the subject SSCs would
no longer have a safety function at the
permanently shutdown facility, would
be removed from the licensing basis by
the license, and will be disposed of by
the licensee when active
decommissioning begins. Elimination of
records associated with the removed
SSCs therefore would not have an
impact on public health and safety.
The requested partial exemption from
the record keeping requirements of 10
CFR 50.71(c); 10 CFR part 50, appendix
B, Criterion XVII; and 10 CFR
50.59(d)(3) for records associated with
(1) the CR–3 licensing basis
requirements previously applicable to
the nuclear power unit and associated
systems, structures and components
(SSCs) that are no longer effective (i.e.,
removed from the Final Safety Analysis
Report and/or Technical Specifications
by appropriate change mechanisms); or
(2) for SSCs associated with safe storage
of fuel in the SFPs when spent fuel has
been completely removed from the
SFPs, and the associated licensing bases
are no longer effective, is administrative
in nature and will have no impact on
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
any remaining decommissioning
activities or on radiological effluents.
The exemption will only advance the
schedule for disposition of the specified
records, which would otherwise be
retained until license termination
requiring the expenditure of resources
by the licensee.
mstockstill on DSK3G9T082PROD with NOTICES
The Exemption Is Consistent With
Common Defense and Security
The elimination of the record keeping
requirements does not involve
information or activities that could
potentially impact the common defense
and security of the United States. Upon
dismantlement of the affected SSCs, the
records have no functional purpose
relative to maintaining the safe
operation of the SSCs, maintaining
conditions that would affect the ongoing
health and safety of workers or the
public, or informing decisions related to
nuclear security.
Rather, the exemption requested is
administrative in nature and would only
advance the current schedule for
disposition of the specified records,
which would otherwise be retained
until license termination. This allows
the licensee to not expend resources
maintaining records that have no benefit
or safety purpose. Therefore, the partial
exemption from the record keeping
requirements of 10 CFR 50.71(c); 10 CFR
part 50, appendix B, Criterion XVII; and
10 CFR 50.59(d)(3) for the types records
associated with (1) the CR–3 licensing
basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) that are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective, is consistent with the common
defense and security.
Special Circumstances
Section 50.12(a)(2) states, in part:
‘‘The Commission will not consider
granting an exemption unless special
circumstances are present. Special
circumstances are present whenever:
. . . (ii) 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; (iii)
Compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted . . . .’’
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
Criterion XVII of 10 CFR part 50,
appendix B, states in part: ‘‘Sufficient
records shall be maintained to furnish
evidence of activities affecting quality.’’
Section 50.59(d)(3) states in part:
‘‘The records of changes in the facility
must be maintained until the
termination of an operating license
issued under this part. . . .’’
Section 50.71(c), states in part:
‘‘Records that are required by the
regulations in this part or part 52 of this
chapter, by license condition, or by
technical specifications must be
retained for the period specified by the
appropriate regulation, license
condition, or technical specification. If
a retention period is not otherwise
specified, these records must be
retained until the Commission
terminates the facility license . . . .’’
In the Statements of Consideration
(SOC) for the final rulemaking,
‘‘Retention Periods for Records’’ (53 FR
19240; May 27, 1988), in response to
public comments received during the
rulemaking process, the NRC stated that
records must be retained ‘‘for NRC to
ensure compliance with the safety and
health aspects of the nuclear
environment and for the NRC to
accomplish its mission to protect the
public health and safety.’’ In the SOC
the Commission also explained that
requiring licensees to maintain adequate
records assists the NRC ‘‘in judging
compliance and noncompliance, to act
on possible noncompliance, and to
examine facts as necessary following
any incident.’’
These regulations apply to licensees
in decommissioning despite the fact
that, during the decommissioning
process, safety-related SSCs are retired
or disabled and subsequently removed
from NRC licensing basis documents by
appropriate change mechanisms.
Appropriate removal of an SSC from the
licensing basis requires either a
determination by the licensee or an
approval from the NRC that the SSC no
longer has the potential to cause an
accident, event, or other problem which
would adversely impact public health
and safety.
The records subject to removal under
the requested exemption are those
associated with SSCs that had been
important to safety during power
operation or operation of the SFP, but
are no longer capable of causing an
event, incident, or condition that would
adversely impact public health and
safety, given their appropriate removal
from the licensing basis documents. If
the SSCs no longer have the potential to
cause these scenarios, then certain
records associated with these SSCs
would not be necessary to assist the
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
89513
NRC in determining compliance and
noncompliance, taking action on
possible noncompliance, and examining
facts following an incident. Therefore,
their retention would not serve the
underlying purpose of the rule.
Retention of certain records
associated with SSCs that are or will no
longer be part of the facility serves no
safety or regulatory purpose, nor does it
serve the underlying purpose of the rule
of maintaining compliance with the
safety and health aspects of the nuclear
environment in order to accomplish the
NRC’s mission. Accordingly, special
circumstances are present which the
NRC may consider, pursuant to
§ 50.12(a)(2)(ii), to grant the requested
exemption permitting the disposal of
records associated with (1) the CR–3
licensing basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) that are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective.
Records that continue to serve the
underlying purpose of the rule, that is,
to maintain compliance and to protect
public health and safety in support of
the NRC’s mission, will continue to be
retained pursuant to the regulations in
10 CFR part 50 and 10 CFR part 72. The
retained records not subject to the
exemption include those associated
with programmatic controls, such as
those pertaining to residual
radioactivity, which continue to be
required for eventual decommissioning;
security, emergency planning and
quality assurance, programs which
remain in effect; as well as records
associated with the Independent Spent
Fuel Storage Installation and spent fuel
assemblies.
The retention of records required by
10 CFR 50.71(c); 10 CFR part 50,
appendix B, Criterion XVII; and 10 CFR
50.59(d)(3) provides assurance that
records associated with SSCs will be
captured, indexed, and stored in an
environmentally suitable and retrievable
condition. Given the volume of records
associated with the SSCs, compliance
with the records retention rule results in
a considerable cost to the licensee.
Retention of the volume of records
associated with the SSCs during the
operational phase is appropriate to serve
the underlying purpose of determining
compliance and noncompliance, taking
action on possible noncompliance, and
E:\FR\FM\12DEN1.SGM
12DEN1
89514
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
examining facts following an incident,
as discussed previously in this notice.
However, the cost of retaining
operational phase records beyond the
operations phase until the termination
of the license may not have been fully
considered when the records retention
rule was put in place. As such,
compliance with the rule would result
in an undue cost in excess of that
contemplated when the rule was
adopted. Accordingly, special
circumstances are present which the
NRC may consider, pursuant to
§ 50.12(a)(2)(iii), to grant the requested
exemption.
Environmental Considerations
Pursuant to § 51.22(b) and (c)(25), the
granting of an exemption from the
requirements of any regulation in
Chapter I of 10 CFR is a categorical
exclusion provided that (i) there is no
significant hazards consideration; (ii)
there is no significant change in the
types or significant increase in the
amounts of any effluents that may be
released offsite; (iii) there is no
significant increase in individual or
cumulative public or occupational
radiation exposure; (iv) there is no
significant construction impact; (v)
there is no significant increase in the
potential for or consequences from
radiological accidents; and (vi) the
requirements from which an exemption
is sought are among those identified in
10 CFR 51.22(c)(25)(vi).
The NRC has determined that
approval of the exemption request
involves no significant hazards
consideration because allowing the
licensee exemption from the record
keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
at the decommissioning CR–3 does not
(1) involve a significant increase in the
probability or consequences of an
accident previously evaluated; (2) create
the possibility of a new or different kind
of accident from any accident
previously evaluated; or (3) involve a
significant reduction in a margin of
safety (§ 50.92(c)). Likewise, there is no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite, and no significant increase in
individual or cumulative public or
occupational radiation exposure.
The exempted regulations are not
associated with construction, so there is
no significant construction impact. The
exempted regulations do not concern
the source term (i.e., potential amount
of radiation involved in an accident) or
accident mitigation; therefore, there is
no significant increase in the potential
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
for, or consequences from, radiological
accidents. Allowing the licensee partial
exemption from the record retention
requirements for which the exemption
is sought involves record keeping
requirements (§ 51.22(c)(35)(vi)(A)), as
well as reporting requirements
(§ 51.22(c)(35)(vi)(B)).
Therefore, pursuant to § 51.22(b) and
(c)(25), no environmental impact
statement or environmental assessment
need be prepared in connection with the
approval of this exemption request.
IV. Conclusions
The NRC has determined that the
requested partial exemption from the
record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
will not present an undue risk to the
public health and safety. The
destruction of the identified records will
not impact remaining decommissioning
activities; plant operations,
configuration, and/or radiological
effluents; operational and/or installed
SSCs that are quality-related or
important to safety; or nuclear security.
The NRC has determined that the
destruction of the identified records
does not involve information or
activities that could potentially impact
the common defense and security of the
United States.
The purpose for the record keeping
regulations is to assist the NRC in
carrying out its mission to protect the
public health and safety by ensuring
that the licensing and design basis of the
facility is understood, documented,
preserved and retrievable in such a way
that will aid the NRC in determining
compliance and noncompliance, taking
action on possible noncompliance, and
examining facts following an incident.
Since the CR–3 SSCs that were safetyrelated or important to safety during
operations have been or will be removed
from the licensing basis and removed
from the plant, the staff finds that the
records associated with (1) the CR–3
licensing basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) that are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective will no longer be required to
achieve the underlying purpose of the
records retention rule.
Accordingly, the Commission has
determined that, pursuant to § 50.12, the
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
exemption is authorized by law, will not
present an undue risk to the public
health and safety, and is consistent with
the common defense and security, and
that special circumstances are present.
Therefore, the Commission hereby
grants Duke Energy Florida a one-time
partial exemption from the record
keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B,
Criterion XVII; and 10 CFR 50.59(d)(3)
for the Crystal River Unit 3 Nuclear
Generating Plant to allow removal of
records associated with (1) the CR–3
licensing basis requirements previously
applicable to the nuclear power unit
and associated systems, structures and
components (SSCs) that are no longer
effective (i.e., removed from the Final
Safety Analysis Report and/or Technical
Specifications by appropriate change
mechanisms); or (2) for SSCs associated
with safe storage of fuel in the SFPs
when spent fuel has been completely
removed from the SFPs, and the
associated licensing bases are no longer
effective.
Records associated with residual
radiological activity and with
programmatic controls necessary to
support decommissioning, such as
security, emergency planning, spent fuel
management and quality assurance are
not affected by the exemption request
and are required to be retained
consistent with regulatory existing
requirement as decommissioning
records until the termination of the CR–
3 license.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 30th day
of November 2016.
For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2016–29712 Filed 12–9–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–387, 50–388, and 72–28;
NRC–2016–0187]
In the Matter of Susquehanna Nuclear,
LLC; Susquehanna Steam Electric
Station, Units 1 and 2; Order
Approving Indirect Transfer of Facility
Operating Licenses
Nuclear Regulatory
Commission.
ACTION: Indirect transfer of licenses;
order.
AGENCY:
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89511-89514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29712]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2016-0253]
Duke Energy Florida, Inc., LLC; Crystal River Unit 3 Nuclear
Generating Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
partial exemption from three record keeping requirements in its
regulations in response to a September 14, 2016, request from Duke
Energy Florida, (DEF, or the licensee). Specifically, the licensee
requested that the Crystal River Unit 3 Nuclear Generating Plant (CR-
3), be granted a partial exemption from regulations that require
retention of records for certain systems, structures, and components.
DATES: The exemption was issued on November 30, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0253 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-2016-0253. 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 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 (if it 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 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.
SUPPLEMENTARY INFORMATION:
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 CR-3 has been shutdown since
September 26, 2009. Subsequently, the licensee determined that issues
with containment integrity could not be satisfactorily resolved and
decided not to attempt to restart the facility. On May 28, 2011, DEF
completed the removal of fuel from the reactor vessel at CR-3. 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 with Sec.
50.82(a)(1)(ii) that it had permanently defueled the reactor vessel at
CR-3. Because CR-3 is a permanently shutdown and defueled facility, and
in accordance with Sec. 50.82(a)(2), DEF is no longer authorized to
operate the reactor or emplace nuclear fuel into the reactor vessel.
The licensee 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).
II. Request/Action
By letter dated September 14, 2016 (ADAMS Accession No.
ML16258A058), DEF filed a request for NRC approval of an exemption from
the record retention requirements of: (1) 10 CFR part 50, appendix B,
Criterion XVII, which requires certain records be retained consistent
with other regulatory requirements; (2) Sec. 50.59(d)(3), which
requires certain records be maintained until termination of a license
issued
[[Page 89512]]
pursuant to 10 CFR part 50; and (3) Sec. 50.71(c), which requires
certain records be maintained consistent with various elements of the
NRC regulations, facility technical specifications, and other licensing
basis documents.
The licensee is requesting an exemption from the requirement to
retain these records when the following conditions are satisfied: (1)
The CR-3 licensing basis requirements previously applicable to the
nuclear power unit and associated systems, structures and components
(SSCs) are no longer effective (i.e., removed from the Final Safety
Analysis Report and/or Technical Specifications by appropriate change
mechanisms); or (2) for SSCs associated with safe storage of fuel in
the SFPs when spent fuel has been completely removed from the SFPs, and
the associated licensing bases are no longer effective. The licensee
cites record retention exemptions granted to Zion Nuclear Power
Station, Units 1 and 2 (76 FR 39134), Millstone Power Station, Unit 1,
(72 FR 5755), and Haddam Neck Plant (70 FR 54587), as examples of the
NRC granting similar requests.
Records associated with residual radiological activity and with
programmatic controls necessary to support decommissioning, such as
security and quality assurance, are not affected by the exemption
request, and would be retained as decommissioning records until the
termination of the CR-3 license. In addition, the licensee did not
request an exemption from 10 CFR part 50, appendix A, Criterion 1,
which requires certain records to be maintained ``throughout the life
of the unit,'' because CR-3 is not a general design criteria facility.
Nor did DEF request an exemption associated with any record keeping
requirements for storage of spent fuel at the CR-3 ISFSI under 10 CFR
part 50, the general license requirements of 10 CFR part 72, or for the
other requirements of 10 CFR part 50 or Facility Operating License No.
DPR-72 applicable to the decommissioning and dismantlement of the CR-3
plant.
III. Discussion
Pursuant to Sec. 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 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. However, the
Commission will not consider granting an exemption unless special
circumstances are present. Special circumstances are described in Sec.
50.12(a)(2).
According to the Final Safety Analysis Report, revision 38,
submitted May 25, 2016 (ADAMS Accession No. ML16172A182), the majority
of plant components at CR-3 no longer meet the definition of safety
related in Sec. 50.2.
The September 14, 2016 (ADAMS Accession No. ML16258A058) exemption
application states that the CR-3 nuclear steam supply system and
balance of plant SSCs will be abandoned in place pending dismantlement.
These SSCs are no longer operable or maintained except as required to
support safe storage of spent fuel in the SFP or those that are needed
to meet other regulatory requirements or are needed to support other
site facilities (e.g., radioactive waste handling, Heating,
Ventilation, and Air Conditioning (HVAC), etc.). The licensee's
justification for eliminating records is that these SSCs have been (or
will be) removed from service under the NRC license, dismantled or
demolished, and that therefore maintenance of these records will not
serve any function regulated by the NRC.
While DEF stated that it would retain the records required as the
project transitions from current plant conditions to a plant with spent
fuel only in dry storage, the transition will remove the safety and
business need for the maintenance of most records. As the SSCs are
removed from the licensing basis and the need for the associated
records is eliminated, the licensee proposes that they be exempted from
the records retention requirements for SSCs and historical activities
associated with (1) the CR-3 licensing basis requirements previously
applicable to the nuclear power unit and associated systems, structures
and components (SSCs) that are no longer effective (i.e., removed from
the Final Safety Analysis Report and/or Technical Specifications by
appropriate change mechanisms); or (2) for SSCs associated with safe
storage of fuel in the SFPs when spent fuel has been completely removed
from the SFPs, and the associated licensing bases are no longer
effective, thereby eliminating the associated regulatory and economic
burdens of creating alternative storage locations, relocating records,
and retaining irrelevant records.
The exemption request states that all records necessary for spent
fuel and spent fuel storage SSCs and activities have been, and will
continue to be, retained for the SFP throughout its functional life.
Similar to other plant records, once the SFP is emptied of fuel,
drained and ready for demolition, there will be no safety-significant
function or other regulatory need for retaining certain SFP-related
records.
The DEF stated that some records related to the nuclear steam
supply system, balance of plant, and SFP will continue to be maintained
under NRC regulations due to residual radioactivity. The radiological
and other necessary programmatic controls (such as security and quality
assurance) for the facility and decommissioning activities are and will
continue to be appropriately addressed through the license and current
plant documents such as the updated Final Safety Analysis Report and
Technical Specifications. These programmatic elements and their
associated records would be unaffected by the requested exemption.
The Exemption Is Authorized by Law
The NRC has determined that granting the licensee's proposed
exemption will not result in a violation of the Atomic Energy Act of
1954, as amended, other laws, or other Commission regulations.
Therefore, the exemption from the record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR
50.59(d)(3) is authorized by law.
The Exemption Presents No Undue Risk to Public Health and Safety
Removal of the underlying SSCs associated with the records for
which DEF has requested an exemption from record keeping requirements
will not have adverse public health and safety impact because the
subject SSCs would no longer have a safety function at the permanently
shutdown facility, would be removed from the licensing basis by the
license, and will be disposed of by the licensee when active
decommissioning begins. Elimination of records associated with the
removed SSCs therefore would not have an impact on public health and
safety.
The requested partial exemption from the record keeping
requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion
XVII; and 10 CFR 50.59(d)(3) for records associated with (1) the CR-3
licensing basis requirements previously applicable to the nuclear power
unit and associated systems, structures and components (SSCs) that are
no longer effective (i.e., removed from the Final Safety Analysis
Report and/or Technical Specifications by appropriate change
mechanisms); or (2) for SSCs associated with safe storage of fuel in
the SFPs when spent fuel has been completely removed from the SFPs, and
the associated licensing bases are no longer effective, is
administrative in nature and will have no impact on
[[Page 89513]]
any remaining decommissioning activities or on radiological effluents.
The exemption will only advance the schedule for disposition of the
specified records, which would otherwise be retained until license
termination requiring the expenditure of resources by the licensee.
The Exemption Is Consistent With Common Defense and Security
The elimination of the record keeping requirements does not involve
information or activities that could potentially impact the common
defense and security of the United States. Upon dismantlement of the
affected SSCs, the records have no functional purpose relative to
maintaining the safe operation of the SSCs, maintaining conditions that
would affect the ongoing health and safety of workers or the public, or
informing decisions related to nuclear security.
Rather, the exemption requested is administrative in nature and
would only advance the current schedule for disposition of the
specified records, which would otherwise be retained until license
termination. This allows the licensee to not expend resources
maintaining records that have no benefit or safety purpose. Therefore,
the partial exemption from the record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR
50.59(d)(3) for the types records associated with (1) the CR-3
licensing basis requirements previously applicable to the nuclear power
unit and associated systems, structures and components (SSCs) that are
no longer effective (i.e., removed from the Final Safety Analysis
Report and/or Technical Specifications by appropriate change
mechanisms); or (2) for SSCs associated with safe storage of fuel in
the SFPs when spent fuel has been completely removed from the SFPs, and
the associated licensing bases are no longer effective, is consistent
with the common defense and security.
Special Circumstances
Section 50.12(a)(2) states, in part: ``The Commission will not
consider granting an exemption unless special circumstances are
present. Special circumstances are present whenever: . . . (ii)
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; (iii) Compliance would result in
undue hardship or other costs that are significantly in excess of those
contemplated when the regulation was adopted . . . .''
Criterion XVII of 10 CFR part 50, appendix B, states in part:
``Sufficient records shall be maintained to furnish evidence of
activities affecting quality.''
Section 50.59(d)(3) states in part: ``The records of changes in the
facility must be maintained until the termination of an operating
license issued under this part. . . .''
Section 50.71(c), states in part: ``Records that are required by
the regulations in this part or part 52 of this chapter, by license
condition, or by technical specifications must be retained for the
period specified by the appropriate regulation, license condition, or
technical specification. If a retention period is not otherwise
specified, these records must be retained until the Commission
terminates the facility license . . . .''
In the Statements of Consideration (SOC) for the final rulemaking,
``Retention Periods for Records'' (53 FR 19240; May 27, 1988), in
response to public comments received during the rulemaking process, the
NRC stated that records must be retained ``for NRC to ensure compliance
with the safety and health aspects of the nuclear environment and for
the NRC to accomplish its mission to protect the public health and
safety.'' In the SOC the Commission also explained that requiring
licensees to maintain adequate records assists the NRC ``in judging
compliance and noncompliance, to act on possible noncompliance, and to
examine facts as necessary following any incident.''
These regulations apply to licensees in decommissioning despite the
fact that, during the decommissioning process, safety-related SSCs are
retired or disabled and subsequently removed from NRC licensing basis
documents by appropriate change mechanisms. Appropriate removal of an
SSC from the licensing basis requires either a determination by the
licensee or an approval from the NRC that the SSC no longer has the
potential to cause an accident, event, or other problem which would
adversely impact public health and safety.
The records subject to removal under the requested exemption are
those associated with SSCs that had been important to safety during
power operation or operation of the SFP, but are no longer capable of
causing an event, incident, or condition that would adversely impact
public health and safety, given their appropriate removal from the
licensing basis documents. If the SSCs no longer have the potential to
cause these scenarios, then certain records associated with these SSCs
would not be necessary to assist the NRC in determining compliance and
noncompliance, taking action on possible noncompliance, and examining
facts following an incident. Therefore, their retention would not serve
the underlying purpose of the rule.
Retention of certain records associated with SSCs that are or will
no longer be part of the facility serves no safety or regulatory
purpose, nor does it serve the underlying purpose of the rule of
maintaining compliance with the safety and health aspects of the
nuclear environment in order to accomplish the NRC's mission.
Accordingly, special circumstances are present which the NRC may
consider, pursuant to Sec. 50.12(a)(2)(ii), to grant the requested
exemption permitting the disposal of records associated with (1) the
CR-3 licensing basis requirements previously applicable to the nuclear
power unit and associated systems, structures and components (SSCs)
that are no longer effective (i.e., removed from the Final Safety
Analysis Report and/or Technical Specifications by appropriate change
mechanisms); or (2) for SSCs associated with safe storage of fuel in
the SFPs when spent fuel has been completely removed from the SFPs, and
the associated licensing bases are no longer effective.
Records that continue to serve the underlying purpose of the rule,
that is, to maintain compliance and to protect public health and safety
in support of the NRC's mission, will continue to be retained pursuant
to the regulations in 10 CFR part 50 and 10 CFR part 72. The retained
records not subject to the exemption include those associated with
programmatic controls, such as those pertaining to residual
radioactivity, which continue to be required for eventual
decommissioning; security, emergency planning and quality assurance,
programs which remain in effect; as well as records associated with the
Independent Spent Fuel Storage Installation and spent fuel assemblies.
The retention of records required by 10 CFR 50.71(c); 10 CFR part
50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) provides
assurance that records associated with SSCs will be captured, indexed,
and stored in an environmentally suitable and retrievable condition.
Given the volume of records associated with the SSCs, compliance with
the records retention rule results in a considerable cost to the
licensee. Retention of the volume of records associated with the SSCs
during the operational phase is appropriate to serve the underlying
purpose of determining compliance and noncompliance, taking action on
possible noncompliance, and
[[Page 89514]]
examining facts following an incident, as discussed previously in this
notice.
However, the cost of retaining operational phase records beyond the
operations phase until the termination of the license may not have been
fully considered when the records retention rule was put in place. As
such, compliance with the rule would result in an undue cost in excess
of that contemplated when the rule was adopted. Accordingly, special
circumstances are present which the NRC may consider, pursuant to Sec.
50.12(a)(2)(iii), to grant the requested exemption.
Environmental Considerations
Pursuant to Sec. 51.22(b) and (c)(25), the granting of an
exemption from the requirements of any regulation in Chapter I of 10
CFR is a categorical exclusion provided that (i) there is no
significant hazards consideration; (ii) there is no significant change
in the types or significant increase in the amounts of any effluents
that may be released offsite; (iii) there is no significant increase in
individual or cumulative public or occupational radiation exposure;
(iv) there is no significant construction impact; (v) there is no
significant increase in the potential for or consequences from
radiological accidents; and (vi) the requirements from which an
exemption is sought are among those identified in 10 CFR
51.22(c)(25)(vi).
The NRC has determined that approval of the exemption request
involves no significant hazards consideration because allowing the
licensee exemption from the record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR
50.59(d)(3) at the decommissioning CR-3 does not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; (2) create the possibility of a new or different
kind of accident from any accident previously evaluated; or (3) involve
a significant reduction in a margin of safety (Sec. 50.92(c)).
Likewise, there is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite,
and no significant increase in individual or cumulative public or
occupational radiation exposure.
The exempted regulations are not associated with construction, so
there is no significant construction impact. The exempted regulations
do not concern the source term (i.e., potential amount of radiation
involved in an accident) or accident mitigation; therefore, there is no
significant increase in the potential for, or consequences from,
radiological accidents. Allowing the licensee partial exemption from
the record retention requirements for which the exemption is sought
involves record keeping requirements (Sec. 51.22(c)(35)(vi)(A)), as
well as reporting requirements (Sec. 51.22(c)(35)(vi)(B)).
Therefore, pursuant to Sec. 51.22(b) and (c)(25), no environmental
impact statement or environmental assessment need be prepared in
connection with the approval of this exemption request.
IV. Conclusions
The NRC has determined that the requested partial exemption from
the record keeping requirements of 10 CFR 50.71(c); 10 CFR part 50,
appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) will not present an
undue risk to the public health and safety. The destruction of the
identified records will not impact remaining decommissioning
activities; plant operations, configuration, and/or radiological
effluents; operational and/or installed SSCs that are quality-related
or important to safety; or nuclear security. The NRC has determined
that the destruction of the identified records does not involve
information or activities that could potentially impact the common
defense and security of the United States.
The purpose for the record keeping regulations is to assist the NRC
in carrying out its mission to protect the public health and safety by
ensuring that the licensing and design basis of the facility is
understood, documented, preserved and retrievable in such a way that
will aid the NRC in determining compliance and noncompliance, taking
action on possible noncompliance, and examining facts following an
incident. Since the CR-3 SSCs that were safety-related or important to
safety during operations have been or will be removed from the
licensing basis and removed from the plant, the staff finds that the
records associated with (1) the CR-3 licensing basis requirements
previously applicable to the nuclear power unit and associated systems,
structures and components (SSCs) that are no longer effective (i.e.,
removed from the Final Safety Analysis Report and/or Technical
Specifications by appropriate change mechanisms); or (2) for SSCs
associated with safe storage of fuel in the SFPs when spent fuel has
been completely removed from the SFPs, and the associated licensing
bases are no longer effective will no longer be required to achieve the
underlying purpose of the records retention rule.
Accordingly, the Commission has determined that, pursuant to Sec.
50.12, the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security, and that special circumstances are present.
Therefore, the Commission hereby grants Duke Energy Florida a one-time
partial exemption from the record keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR
50.59(d)(3) for the Crystal River Unit 3 Nuclear Generating Plant to
allow removal of records associated with (1) the CR-3 licensing basis
requirements previously applicable to the nuclear power unit and
associated systems, structures and components (SSCs) that are no longer
effective (i.e., removed from the Final Safety Analysis Report and/or
Technical Specifications by appropriate change mechanisms); or (2) for
SSCs associated with safe storage of fuel in the SFPs when spent fuel
has been completely removed from the SFPs, and the associated licensing
bases are no longer effective.
Records associated with residual radiological activity and with
programmatic controls necessary to support decommissioning, such as
security, emergency planning, spent fuel management and quality
assurance are not affected by the exemption request and are required to
be retained consistent with regulatory existing requirement as
decommissioning records until the termination of the CR-3 license.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th day of November 2016.
For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-29712 Filed 12-9-16; 8:45 am]
BILLING CODE 7590-01-P