LaCrosse Solutions, LLC; Dairyland Power Cooperative; La Crosse Boiling Water Reactor, 21832-21834 [2017-09456]

Download as PDF 21832 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices E. the special circumstances outweigh any decrease in safety that may result from the reduction in standardization caused by the exemption; and F. the exemption will not result in a significant decrease in the level of safety otherwise provided by the design. 2. Accordingly, the licensee is granted an exemption from the certified DCD Tier 1 information, with corresponding changes to Appendix C of the Facility Combined Licenses as described in the licensee’s request dated November 16, 2016. This exemption is related to, and necessary for, the granting of License Amendment No. 72, which is being issued concurrently with this exemption. 3. As explained in Section 5.0 of the NRC staff’s Safety Evaluation (ADAMS Accession No. ML17045A717), this exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption. 4. This exemption is effective as of the date of its issuance. jstallworth on DSK7TPTVN1PROD with NOTICES III. License Amendment Request By letter dated November 16, 2016 (ADAMS Accession No. ML16323A020), the licensee requested that the NRC amend the COLs for VCSNS, Units 2 and 3, COLs NPF–93 and NPF–94. The proposed amendment is described in Section I of this document. The Commission has determined for these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. A notice of consideration of issuance of amendment to facility operating license or combined license, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register on February 14, 2017 (82 FR 10590). No comments were received during the 30day comment period. The Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental VerDate Sep<11>2014 15:21 May 09, 2017 Jkt 241001 assessment need be prepared for these amendments. IV. Conclusion Using the reasons set forth in the combined safety evaluation, the staff granted the exemption and issued the amendment that the licensee requested on November 16, 2016. The exemption and amendment were issued on April 17, 2017, as part of a combined package to the licensee (ADAMS Accession No. ML17045A616). Dated at Rockville, Maryland, this 1st day of May 2017. For the Nuclear Regulatory Commission. Jennifer Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2017–09457 Filed 5–9–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–409; NRC–2015–0279] LaCrosse Solutions, LLC; Dairyland Power Cooperative; La Crosse Boiling Water Reactor Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 16, 2017, request from LaCrosseSolutions, LLC (LS), for the La Crosse Boiling Water Reactor (LACBWR), from the requirement to investigate and report to the NRC when LS does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer by rail from the LACBWR facility. LaCrosseSolutions requested that the time period for it to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 to 45 days to avoid an excessive administrative burden because of operational experience that indicates that rail shipments may take more than 20 days to reach their destination. SUMMARY: May 10, 2017. Please refer to Docket ID NRC–2015–0279 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–2015–0279. Address DATES: ADDRESSES: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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, 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 notice (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: Marlayna G. Vaaler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–3178, email: Marlayna.Vaaler@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background The La Crosse Boiling Water Reactor was an Atomic Energy Commission (AEC) Demonstration Project Reactor that first went critical in 1967, commenced commercial operation in November 1969, and was capable of producing 50 megawatts electric. The LACBWR is located on the east bank of the Mississippi River in Vernon County, Wisconsin, and is co-located with the Genoa Generating Station, which is a coal-fired electrical power plant that is still in operation. The Allis-Chalmers Company was the original licensee; the AEC later sold the plant to the Dairyland Power Cooperative (DPC) and granted it Provisional Operating License No. DPR–45 on August 28, 1973 (ADAMS Accession No. ML17080A423). The LACBWR permanently ceased operations on April 30, 1987 (ADAMS Accession No. ML17080A422), and reactor defueling was completed on June 11, 1987 (ADAMS Accession No. ML17080A420). In a letter dated August 4, 1987 (ADAMS Accession No. ML17080A393), the NRC terminated E:\FR\FM\10MYN1.SGM 10MYN1 jstallworth on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices DPC’s authority to operate the LACBWR under Provisional Operating License No. DPR–45, and granted the licensee a possess-but-not-operate status. By letter dated August 18, 1988 (ADAMS Accession No. ML17080A421), the NRC amended DPC’s Provisional Operating License No. DPR–45 to Possession Only License No. DPR–45 to reflect the permanently defueled configuration at the LACBWR. The NRC issued an order to authorize decommissioning of the LACBWR and approve the licensee’s proposed Decommissioning Plan (DP) on August 7, 1991 (ADAMS Accession No. ML17080A454). Because the NRC approved DPC’s DP before August 28, 1996, pursuant to section 50.82 of title 10 of the Code of Federal Regulations (CFR), the DP is considered the PostShutdown Decommissioning Activities Report (PSDAR) for the LACBWR. The PSDAR public meeting was held on May 13, 1998, and subsequent updates to the LACBWR decommissioning report have combined the DP and PSDAR into the ‘‘LACBWR Decommissioning Plan and Post-Shutdown Decommissioning Activities Report’’ (D-Plan/PSDAR). The DPC constructed an onsite Independent Spent Fuel Storage Installation (ISFSI) under its 10 CFR part 72 general license, and completed the movement of all 333 spent nuclear fuel elements from the Fuel Element Storage Well to dry cask storage at the ISFSI by September 19, 2012 (ADAMS Accession No. ML12290A027). The remaining associated buildings and structures are ready for dismantlement and decommissioning activities. By order dated May 20, 2016 (ADAMS Accession No. ML16123A073), the NRC approved the direct transfer of Possession Only License No. DPR–45 for the LACBWR from DPC to LS, a whollyowned subsidiary of EnergySolutions, LLC, and approved a conforming license amendment, pursuant to 10 CFR 50.80, ‘‘Transfer of licenses,’’ and 10 CFR 50.90, ‘‘Application for amendment of license, construction permit, or early site permit,’’ to reflect the change. The order was published in the Federal Register on June 2, 2016 (81 FR 35383). The transfer assigns DPC’s licensed possession, maintenance, and decommissioning responsibilities for the LACBWR to LS in order to implement expedited decommissioning at the LACBWR site. Decommissioning of the LACBWR is scheduled to be completed in 2018. II. Request/Action By letter dated January 16, 2017 (ADAMS Accession No. ML17018A136), LS requested an exemption from 10 CFR VerDate Sep<11>2014 15:21 May 09, 2017 Jkt 241001 part 20, appendix G, ‘‘Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests,’’ section III.E. for the LACBWR. Section III.E requires that the shipper of any low-level radioactive waste to a land disposal facility must investigate and trace the shipment if the shipper has not received notification of the shipment’s receipt by the disposal facility within 20 days after transfer. In addition, section III.E requires licensees to report such missing shipments to the NRC. Specifically, LS is requesting that the time period for LS to receive acknowledgement that the shipment has been received be extended from 20 to 45 days after transfer for rail shipments from LACBWR. The NRC’s regulations in 10 CFR 20.2301, ‘‘Applications for exemptions,’’ allow the Commission to grant exemptions from the requirements of the regulations if it determines the exemption would be authorized by law and would not result in undue hazard to life or property. Inherent to the decommissioning process, large volumes of slightly contaminated debris are generated and require disposal. The licensee transports low-level radioactive waste from LACBWR to distant locations such as the waste disposal facility operated by EnergySolutions in Clive, Utah, and waste processors in Texas. Experience with waste shipments from LACBWR and at other decommissioning power reactor sites indicates that rail transportation time to waste disposal facilities has, in several instances, exceeded the 20-day receipt of notification requirement. In addition, administrative processes at the disposal facility and mail delivery times could further delay the issuance or arrival of the receipt of notification. III. Discussion A. The Exemption Is Authorized by Law Pursuant to 10 CFR 20.2301, the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of regulations in 10 CFR part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. There are no provisions in the Atomic Energy Act of 1954, as amended (or in any other Federal statute) that impose a requirement to investigate and report on low-level radioactive waste shipments that have not been acknowledged by the recipient within 20 days of transfer. Therefore, the NRC concludes that there is no statutory prohibition on the issuance of the requested exemption PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 21833 and the NRC is authorized to grant the exemption by law. With respect to compliance with Section 102(2) of the National Environmental Policy Act, 42 U.S.C. 4332(2) (NEPA), the NRC staff has determined that the proposed action, namely, the approval of the LS exemption request, is within the scope of the two categorical exclusions listed at 10 CFR 51.22(c)(25)(vi)(B) and 10 CFR 51.22(c)(25)(vi)(C). The categorical exclusion listed at 10 CFR 51.22(c)(25)(vi)(B) concerns approval of exemption requests from reporting requirements and the categorical exclusion listed at 10 CFR 51.22(c)(25)(vi)(C) concerns approval of exemption requests from inspection or surveillance requirements. Therefore, no further analysis is required under NEPA. B. The Exemption Would Not Result in Undue Hazard to Life or Property The NRC finds that the underlying purpose of 10 CFR part 20, appendix G, section III.E is to require licensees to investigate, trace, and report radioactive shipments that have not reached their destination, as scheduled, for unknown reasons. Data from the San Onofre Nuclear Generating Station found that rail shipments took over 16 days on average, and on occasion, took up to 57 days. The NRC acknowledges that, based on the history of low-level radioactive waste shipments from the San Onofre Nuclear Generating Station, the need to investigate and report on shipments that take longer than 20 days could result in an excessive administrative burden on the licensee. For rail shipments, LS will require electronic data tracking system interchange, or similar tracking systems that allow for monitoring the progress of the shipments by the rail carrier on a daily basis. Because of the oversight and monitoring of radioactive waste shipments throughout the entire journey from the LACBWR to the disposal site, it is unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or LS. Furthermore, by extending the elapsed time for receipt acknowledgment to 45 days before requiring investigations, tracing, and reporting, a reasonable upper limit on shipment duration (based on historical analysis) is still maintained if a breakdown of normal tracking systems were to occur. Consequently, the NRC finds that extending the receipt of notification period from 20 to 45 days after transfer for the rail shipments described by LS in its January 16, 2017, letter would not E:\FR\FM\10MYN1.SGM 10MYN1 21834 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices result in an undue hazard to life or property. The NRC also finds that the underlying purpose of 10 CFR part 20, appendix G, section III.E will be met. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption is authorized by law and will not result in undue hazard to life or property. Therefore, the Commission hereby grants LaCrosseSolutions, LLC an exemption from 10 CFR part 20, appendix G, section III.E to extend the requirement to extend the receipt of notification period from 20 days to 45 days after transfer by rail of low-level radioactive waste from the LACBWR facility. Dated at Rockville, Maryland, this 2nd day of May 2017. For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2017–09456 Filed 5–9–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2017–0067] Information Collection: Licensing Requirements for Land Disposal of Radioactive Waste 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, ‘‘Licensing Requirements for Land Disposal of Radioactive Waste.’’ DATES: Submit comments by July 10, 2017. 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 https://www.regulations.gov and search for Docket ID NRC–2017–0067. 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 jstallworth on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:21 May 09, 2017 Jkt 241001 section of this document. • Mail comments to: David Cullison, Office of the Chief Information Officer, 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. INFORMATION CONTACT B. Submitting Comments Please include Docket ID NRC–2017– 0067 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. 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 https:// www.regulations.gov as well as enter the FOR FURTHER INFORMATION CONTACT: comment submissions into ADAMS, David Cullison, Office of the Chief and the NRC does not routinely edit Information Officer, U.S. Nuclear comment submissions to remove Regulatory Commission, Washington, identifying or contact information. DC 20555–0001; telephone: 301–415– If you are requesting or aggregating 2084; email: INFOCOLLECTS.Resource@ comments from other persons for nrc.gov. submission to the NRC, then you should SUPPLEMENTARY INFORMATION: inform those persons not to include identifying or contact information that I. Obtaining Information and they do not want to be publicly Submitting Comments disclosed in their comment submission. A. Obtaining Information Your request should state that the NRC does not routinely edit comment Please refer to Docket ID NRC–2017– submissions to remove such information 0067 when contacting the NRC about before making the comment the availability of information for this submissions available to the public or action. You may obtain publiclyentering the comment into ADAMS. available information related to this action by any of the following methods: II. Background • Federal Rulemaking Web site: Go to In accordance with the Paperwork https://www.regulations.gov and search Reduction Act of 1995 (44 U.S.C. for Docket ID NRC–2017–0067. Chapter 35), the NRC is requesting • NRC’s Agencywide Documents public comment on its intention to Access and Management System request the OMB’s approval for the (ADAMS): You may obtain publiclyinformation collection summarized available documents online in the below. ADAMS Public Documents collection at 1. The title of the information https://www.nrc.gov/reading-rm/ collection: 10 CFR part 61—Licensing adams.html. To begin the search, select Requirements for Land Disposal of ‘‘ADAMS Public Documents’’ and then Radioactive Waste. select ‘‘Begin Web-based ADAMS 2. OMB approval number: 3150–0135. Search.’’ For problems with ADAMS, 3. Type of submission: Extension. please contact the NRC’s Public 4. The form number, if applicable: Document Room (PDR) reference staff at Not applicable. 1–800–397–4209, 301–415–4737, or by 5. How often the collection is required email to pdr.resource@nrc.gov. The or requested: Applications for licenses supporting statement is available in are submitted as needed. Other reports ADAMS under Accession No. are submitted annually and as other ML17024A191. events require. • NRC’s PDR: You may examine and 6. Who will be required or asked to purchase copies of public documents at respond: Applicants for and holders of the NRC’s PDR, Room O1–F21, One an NRC license (to include Agreement White Flint North, 11555 Rockville State licensees) for land disposal of lowPike, Rockville, Maryland 20852. level radioactive waste. 7. The estimated number of annual • NRC’s Clearance Officer: A copy of the collection of information and related responses: 16 (12 reporting responses + 4 recordkeepers). instructions may be obtained without 8. The estimated number of annual charge by contacting NRC’s Clearance respondents: 4. Officer, David Cullison, Office of the 9. The estimated number of hours Chief Information Officer, U.S. Nuclear needed annually to comply with the Regulatory Commission, Washington, information collection requirement or DC 20555–0001; telephone: 301–415– 2084; email: INFOCOLLECTS.Resource@ request: 5,372 hours (56 hours reporting + 5,316 hours recordkeeping). nrc.gov. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Notices]
[Pages 21832-21834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09456]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-409; NRC-2015-0279]


LaCrosse Solutions, LLC; Dairyland Power Cooperative; La Crosse 
Boiling Water Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a January 16, 2017, request from 
LaCrosseSolutions, LLC (LS), for the La Crosse Boiling Water Reactor 
(LACBWR), from the requirement to investigate and report to the NRC 
when LS does not receive notification of receipt of a shipment, or part 
of a shipment, of low-level radioactive waste within 20 days after 
transfer by rail from the LACBWR facility. LaCrosseSolutions requested 
that the time period for it to receive acknowledgement that the 
shipment has been received by the intended recipient be extended from 
20 to 45 days to avoid an excessive administrative burden because of 
operational experience that indicates that rail shipments may take more 
than 20 days to reach their destination.

DATES: May 10, 2017.

ADDRESSES: Please refer to Docket ID NRC-2015-0279 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-2015-0279. 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 in this notice (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: Marlayna G. Vaaler, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-3178, email: 
Marlayna.Vaaler@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The La Crosse Boiling Water Reactor was an Atomic Energy Commission 
(AEC) Demonstration Project Reactor that first went critical in 1967, 
commenced commercial operation in November 1969, and was capable of 
producing 50 megawatts electric. The LACBWR is located on the east bank 
of the Mississippi River in Vernon County, Wisconsin, and is co-located 
with the Genoa Generating Station, which is a coal-fired electrical 
power plant that is still in operation. The Allis-Chalmers Company was 
the original licensee; the AEC later sold the plant to the Dairyland 
Power Cooperative (DPC) and granted it Provisional Operating License 
No. DPR-45 on August 28, 1973 (ADAMS Accession No. ML17080A423).
    The LACBWR permanently ceased operations on April 30, 1987 (ADAMS 
Accession No. ML17080A422), and reactor defueling was completed on June 
11, 1987 (ADAMS Accession No. ML17080A420). In a letter dated August 4, 
1987 (ADAMS Accession No. ML17080A393), the NRC terminated

[[Page 21833]]

DPC's authority to operate the LACBWR under Provisional Operating 
License No. DPR-45, and granted the licensee a possess-but-not-operate 
status. By letter dated August 18, 1988 (ADAMS Accession No. 
ML17080A421), the NRC amended DPC's Provisional Operating License No. 
DPR-45 to Possession Only License No. DPR-45 to reflect the permanently 
defueled configuration at the LACBWR.
    The NRC issued an order to authorize decommissioning of the LACBWR 
and approve the licensee's proposed Decommissioning Plan (DP) on August 
7, 1991 (ADAMS Accession No. ML17080A454). Because the NRC approved 
DPC's DP before August 28, 1996, pursuant to section 50.82 of title 10 
of the Code of Federal Regulations (CFR), the DP is considered the 
Post-Shutdown Decommissioning Activities Report (PSDAR) for the LACBWR. 
The PSDAR public meeting was held on May 13, 1998, and subsequent 
updates to the LACBWR decommissioning report have combined the DP and 
PSDAR into the ``LACBWR Decommissioning Plan and Post-Shutdown 
Decommissioning Activities Report'' (D-Plan/PSDAR). The DPC constructed 
an onsite Independent Spent Fuel Storage Installation (ISFSI) under its 
10 CFR part 72 general license, and completed the movement of all 333 
spent nuclear fuel elements from the Fuel Element Storage Well to dry 
cask storage at the ISFSI by September 19, 2012 (ADAMS Accession No. 
ML12290A027). The remaining associated buildings and structures are 
ready for dismantlement and decommissioning activities.
    By order dated May 20, 2016 (ADAMS Accession No. ML16123A073), the 
NRC approved the direct transfer of Possession Only License No. DPR-45 
for the LACBWR from DPC to LS, a wholly-owned subsidiary of 
EnergySolutions, LLC, and approved a conforming license amendment, 
pursuant to 10 CFR 50.80, ``Transfer of licenses,'' and 10 CFR 50.90, 
``Application for amendment of license, construction permit, or early 
site permit,'' to reflect the change. The order was published in the 
Federal Register on June 2, 2016 (81 FR 35383). The transfer assigns 
DPC's licensed possession, maintenance, and decommissioning 
responsibilities for the LACBWR to LS in order to implement expedited 
decommissioning at the LACBWR site. Decommissioning of the LACBWR is 
scheduled to be completed in 2018.

II. Request/Action

    By letter dated January 16, 2017 (ADAMS Accession No. ML17018A136), 
LS requested an exemption from 10 CFR part 20, appendix G, 
``Requirements for Transfers of Low-Level Radioactive Waste Intended 
for Disposal at Licensed Land Disposal Facilities and Manifests,'' 
section III.E. for the LACBWR. Section III.E requires that the shipper 
of any low-level radioactive waste to a land disposal facility must 
investigate and trace the shipment if the shipper has not received 
notification of the shipment's receipt by the disposal facility within 
20 days after transfer. In addition, section III.E requires licensees 
to report such missing shipments to the NRC. Specifically, LS is 
requesting that the time period for LS to receive acknowledgement that 
the shipment has been received be extended from 20 to 45 days after 
transfer for rail shipments from LACBWR.
    The NRC's regulations in 10 CFR 20.2301, ``Applications for 
exemptions,'' allow the Commission to grant exemptions from the 
requirements of the regulations if it determines the exemption would be 
authorized by law and would not result in undue hazard to life or 
property. Inherent to the decommissioning process, large volumes of 
slightly contaminated debris are generated and require disposal. The 
licensee transports low-level radioactive waste from LACBWR to distant 
locations such as the waste disposal facility operated by 
EnergySolutions in Clive, Utah, and waste processors in Texas. 
Experience with waste shipments from LACBWR and at other 
decommissioning power reactor sites indicates that rail transportation 
time to waste disposal facilities has, in several instances, exceeded 
the 20-day receipt of notification requirement. In addition, 
administrative processes at the disposal facility and mail delivery 
times could further delay the issuance or arrival of the receipt of 
notification.

III. Discussion

A. The Exemption Is Authorized by Law

    Pursuant to 10 CFR 20.2301, the Commission may, upon application by 
a licensee or upon its own initiative, grant an exemption from the 
requirements of regulations in 10 CFR part 20 if it determines the 
exemption is authorized by law and would not result in undue hazard to 
life or property. There are no provisions in the Atomic Energy Act of 
1954, as amended (or in any other Federal statute) that impose a 
requirement to investigate and report on low-level radioactive waste 
shipments that have not been acknowledged by the recipient within 20 
days of transfer. Therefore, the NRC concludes that there is no 
statutory prohibition on the issuance of the requested exemption and 
the NRC is authorized to grant the exemption by law.
    With respect to compliance with Section 102(2) of the National 
Environmental Policy Act, 42 U.S.C. 4332(2) (NEPA), the NRC staff has 
determined that the proposed action, namely, the approval of the LS 
exemption request, is within the scope of the two categorical 
exclusions listed at 10 CFR 51.22(c)(25)(vi)(B) and 10 CFR 
51.22(c)(25)(vi)(C). The categorical exclusion listed at 10 CFR 
51.22(c)(25)(vi)(B) concerns approval of exemption requests from 
reporting requirements and the categorical exclusion listed at 10 CFR 
51.22(c)(25)(vi)(C) concerns approval of exemption requests from 
inspection or surveillance requirements. Therefore, no further analysis 
is required under NEPA.

B. The Exemption Would Not Result in Undue Hazard to Life or Property

    The NRC finds that the underlying purpose of 10 CFR part 20, 
appendix G, section III.E is to require licensees to investigate, 
trace, and report radioactive shipments that have not reached their 
destination, as scheduled, for unknown reasons. Data from the San 
Onofre Nuclear Generating Station found that rail shipments took over 
16 days on average, and on occasion, took up to 57 days. The NRC 
acknowledges that, based on the history of low-level radioactive waste 
shipments from the San Onofre Nuclear Generating Station, the need to 
investigate and report on shipments that take longer than 20 days could 
result in an excessive administrative burden on the licensee. For rail 
shipments, LS will require electronic data tracking system interchange, 
or similar tracking systems that allow for monitoring the progress of 
the shipments by the rail carrier on a daily basis.
    Because of the oversight and monitoring of radioactive waste 
shipments throughout the entire journey from the LACBWR to the disposal 
site, it is unlikely that a shipment could be lost, misdirected, or 
diverted without the knowledge of the carrier or LS. Furthermore, by 
extending the elapsed time for receipt acknowledgment to 45 days before 
requiring investigations, tracing, and reporting, a reasonable upper 
limit on shipment duration (based on historical analysis) is still 
maintained if a breakdown of normal tracking systems were to occur. 
Consequently, the NRC finds that extending the receipt of notification 
period from 20 to 45 days after transfer for the rail shipments 
described by LS in its January 16, 2017, letter would not

[[Page 21834]]

result in an undue hazard to life or property. The NRC also finds that 
the underlying purpose of 10 CFR part 20, appendix G, section III.E 
will be met.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
20.2301, the exemption is authorized by law and will not result in 
undue hazard to life or property. Therefore, the Commission hereby 
grants LaCrosseSolutions, LLC an exemption from 10 CFR part 20, 
appendix G, section III.E to extend the requirement to extend the 
receipt of notification period from 20 days to 45 days after transfer 
by rail of low-level radioactive waste from the LACBWR facility.

    Dated at Rockville, Maryland, this 2nd day of May 2017.

    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-09456 Filed 5-9-17; 8:45 am]
BILLING CODE 7590-01-P
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