Exelon Generation Company LLC; Oyster Creek Nuclear Generating Station, 28352-28357 [2019-12803]
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
application, did not expand the scope of
the application as originally noticed,
and did not change the NRC staff’s
original proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated May 31, 2019.
No significant hazards consideration
comments received: No.
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Tennessee Valley Authority, Docket
Nos. 50–390 and 50–391, Watts Bar
Nuclear Plant, Units 1 and 2, Rhea
County, Tennessee
Date of amendment request:
December 20, 2017, as supplemented by
letters dated February 15, April 9, and
October 4, 2018.
Brief description of amendments: The
amendments revised Technical
Specification (TS) 4.2.1, ‘‘Fuel
Assemblies,’’ for Unit 2 to allow up to
1,792 tritium producing burnable
absorber rods in the reactor; and revised
the Units 1 and 2 TSs related to fuel
storage.
Date of issuance: May 22, 2019.
Effective date: As of the date of
issuance and shall be implemented
prior to startup from the outage where
any number of tritium producing
burnable absorber rods is inserted in the
Watts Bar Nuclear Plant, Unit 2, reactor
core not to exceed December 31, 2022.
Amendment Nos.: 125 (Unit 1) and 27
(Unit 2). A publicly available version is
in ADAMS under Accession No.
ML18347B330; documents related to
these amendments are listed in the
Safety Evaluation enclosed with the
amendments.
Facility Operating License Nos. NPF–
90 and NPF–96: The amendments
revised the Facility Operating Licenses
and TSs.
Date of initial notice in Federal
Register: June 8, 2018 (83 FR 26709).
The supplement dated October 4, 2018,
provided additional information that
clarified the application, and did not
expand the scope of the application as
originally noticed in the Federal
Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated May 22, 2019.
Wolf Creek Nuclear Operating
Corporation, Docket No. 50–482, Wolf
Creek Generating Station, Unit 1 (Wolf
Creek), Coffey County, Kansas
Date of amendment request: January
17, 2017, as supplemented by letters
dated March 22, May 4, July 13, October
18, and November 14, 2017; January 15,
January 29, April 19, June 19, August 9,
November 15 (two letters), and
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December 6, 2018; and March 5, May 2,
and May 15, 2019.
Brief description of amendment: The
amendment revised the Wolf Creek
Technical Specifications to replace the
existing methodology for performing
core design, non-loss-of-coolantaccident and loss-of-coolant accident
safety analyses with standard
Westinghouse Electric Corporation
developed and NRC-approved analysis
methodologies. In addition, the
amendment revised the Wolf Creek
licensing basis by adopting the
alternative source term (AST)
radiological analysis methodology in
accordance with 10 CFR 50.67,
‘‘Accident source term.’’ This
amendment represented a full scope
implementation of the AST as described
in Regulatory Guide 1.183, ‘‘Alternative
Radiological Source Terms for
Evaluating Design Basis Accidents at
Nuclear Power Reactors.’’
Date of issuance: May 31, 2019.
Effective date: As of the date of
issuance and shall be implemented
during startup (prior to entry into Mode
2) from Refueling Outage 23.
Amendment No.: 221. A publicly
available version is in ADAMS under
Accession No. ML19100A122;
documents related to this amendment
are listed in the Safety Evaluation
enclosed with the amendment.
Renewed Facility Operating License
No. NPF–42. The amendment revised
the Renewed Facility Operating License
and Technical Specifications.
Date of initial notice in Federal
Register: On July 5, 2017, the NRC staff
published a proposed no significant
hazards consideration (NSHC)
determination in the Federal Register
(82 FR 31084) for the proposed
amendment. Subsequently by letters
dated July 13, October 18, and
November 14, 2017; January 15, January
29, April 19, June 19, and August 9,
2018, the licensee provided additional
information that expanded the scope of
the amendment request as originally
noticed in the Federal Register.
Accordingly, the NRC published a
second proposed NSHC determination
in the Federal Register on October 2,
2018 (83 FR 49590), which superseded
the original notice in its entirety. The
supplemental letters dated November 15
(two letters) and December 6, 2018; and
March 5, May 2, and May 15, 2019,
provided additional information that
clarified the application, did not expand
the scope of the application as noticed
on October 2, 2018, and did not change
the NRC staff’s proposed NSHC
determination published in the Federal
Register dated October 2, 2018.
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The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated May 31, 2019.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 10th day
of June 2019.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2019–12573 Filed 6–17–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–219; NRC–2019–0096]
Exelon Generation Company LLC;
Oyster Creek Nuclear Generating
Station
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) has reissued
exemptions originally approved on
October 16, 2018, exempting Exelon
Generation Company, LLC (Exelon or
the licensee) from certain emergency
planning (EP) requirements. The NRC is
reissuing these exemptions to change
the effective date of the exemptions
from date would change from 365 days
to 285 days after the permanent
cessation of power operations. The
reissued exemptions eliminated the
requirements to maintain an offsite
radiological emergency preparedness
plan and reduce the scope of onsite EP
activities at the Oyster Creek Nuclear
Generating Station (Oyster Creek), based
on the reduced risks of accidents that
could result in an offsite radiological
release at a decommissioning nuclear
power reactor.
DATES: The exemptions were reissued
on June 11, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2019–0096 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0096. Address
questions about NRC docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
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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
‘‘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 is
available in ADAMS) is provided the
first time that it is mentioned in this
document. In addition, for the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
• 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:
Amy M. Snyder, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6822; email: Amy.Snyder@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission has determined that,
pursuant to section 50.12 of title 10 of
the Code of Federal Regulations (CFR),
Exelon’s request for exemptions from
certain EP requirements in 10 CFR
50.47(b), 10 CFR 50.47(c)(2), and 10 CFR
part 50, appendix E, section IV, and as
summarized in Enclosure 2 to SECY–
18–0062, are authorized by law, will not
present an undue risk to the public
health and safety, and are consistent
with the common defense and security.
Also, special circumstances are present.
Therefore, the Commission hereby
grants Exelon’s exemptions from certain
EP requirements in 10 CFR 50.47(b), 10
CFR 50.47(c)(2), and 10 CFR part 50,
appendix E, section IV, as discussed and
evaluated in detail in the NRC staff’s
safety evaluation associated with this
exemption. The exemptions are effective
as of 285 days after permanent cessation
of power operations.
II. Availability of Documents
The documents identified in the
following table are available for public
inspection through ADAMS, a public
web page, or by using one of the
methods discussed in the ADDRESSES
section of this document.
ADAMS accession No.
or public web page
Document title
Date
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission,
‘‘Certification of Permanent Cessation of Power Operations for Oyster Creek Nuclear
Generating Station.’’.
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission,
‘‘Certification of Permanent Removal of Fuel from the Reactor Vessel for Oyster
Creek Nuclear Generating Station.’’.
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission, ‘‘License Amendment Request—Proposed Change of Effective and Implementation
Dates of License Amendment No. 294, Oyster Creek Emergency Plan for Permanently Defueled Emergency Plan and Emergency Action Level Scheme.’’.
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission, ‘‘License Amendment Request Supplement—Proposed Change of Effective and Implementation Dates of License Amendment No. 294, Oyster Creek Emergency Plan for
Permanently Defueled Emergency Plan and Emergency Action Level Scheme.’’.
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission,
‘‘Response to Request for Additional Information (RAI) and Supplemental Information
Regarding Request for Changing Emergency Preparedness License Amendment No.
294 Effective Date’’.
U.S. Nuclear Regulatory Commission, NUREG/CR–6451, ‘‘A Safety and Regulatory
Assessment of Generic BWR and PWR Permanently Shutdown Nuclear Power
Plants.’’.
U.S. Nuclear Regulatory Commission, NUREG–1738, ‘‘Technical Study of Spent Fuel
Pool Accident Risk at Decommissioning Nuclear Power Plants.’’.
Federal Emergency Management Agency Comprehensive Preparedness Guide 101,
‘‘Developing and Maintaining Emergency Operations Plans,’’ Version 2.0.
February 14, 2018 .........
ML18045A084.
September 25, 2018 ......
ML18268A258.
October 22, 2018 ...........
ML18295A384.
November 6, 2018 .........
ML18310A306.
February 13, 2019 .........
ML19044A643.
August 1997 ...................
ML082260098.
February 2001 ...............
ML010430066.
November 2010 .............
U.S. Nuclear Regulatory Commission, NUREG–2161, ‘‘Consequence Study of a Beyond Design-Basis Earthquake Affecting the Spent Fuel Pool for a U.S. Mark I Boiling Water Reactor.’’.
U.S. Nuclear Regulatory Commission, COMSECY–13–0030, ‘‘Staff Evaluation and
Recommendation for Japan Lessons-Learned Tier 3 Issue on Expedited Transfer of
Spent Fuel.’’.
U.S. Nuclear Regulatory Commission, SECY–18–0062, ‘‘Request by the Exelon Generation Company, LLC for Exemptions from Certain Emergency Planning Requirements for the Oyster Creek Nuclear Generating Station.’’.
U.S. Nuclear Regulatory Commission, ‘‘Staff Requirements—SECY–18–0062, Request
by the Exelon Generation Company, LLC for Exemptions from Certain Emergency
Planning Requirements for the Oyster Creek Nuclear Generating Station.’’.
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission,
‘‘Supplement to Request for Exemption from Portions of 10 CFR 50.47 and 10 CFR
50 part 50, Appendix E.’’.
Exelon Generation Company, LLC, letter to U.S. Nuclear Regulatory Commission,
‘‘Response to Request for Additional Information (RAI) Related to Exemption Request from Portions of 10 CFR 50.47 and 10 CFR 50 part 50, Appendix E.’’.
September 2014 ............
https://www.fema.gov/pdf/
about/divisions/npd/CPG_
101_V2.pdf.
ML14255A365.
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PO 00000
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November 12, 2013 .......
ML13329A918
(Package)
May 31, 2018 .................
ML18030B340 (Package).
July 17, 2018 .................
ML18198A449.
March 8, 2018 ................
ML18067A087.
March 19, 2018 ..............
ML18078A146.
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Date
U.S. Nuclear Regulatory Commission, letter to Exelon Generation Company, LLC
‘‘Oyster Creek Nuclear Generating Station—Exemptions from Certain Emergency
Planning Requirements and Related Safety Evaluation.’’.
October 16, 2018 ...........
The text of the exemption is attached.
Dated at Rockville, Maryland, on June 13,
2019.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
Attachment–Exemption
Nuclear Regulatory Commission
Docket No. 50–219
Exelon Generation Company, LLC
Oyster Creek Nuclear Generating
Station
Exemption
I. Background
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ADAMS accession No.
or public web page
Document title
Exelon Generation Company, LLC
(Exelon or the licensee) is the holder of
Renewed Facility Operating License No.
DPR–16 for Oyster Creek Nuclear
Generating Station (Oyster Creek). The
license provides, among other things,
that the facility is subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC)
now or hereafter in effect. The facility
is located in Ocean County, New Jersey.
By letter dated February 14, 2018
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML18045A084), Exelon
submitted a certification to the NRC that
it would permanently cease power
operations at Oyster Creek no later than
October 31, 2018. On September 17,
2018, Exelon permanently ceased power
operations at Oyster Creek. By letter
dated September 25, 2018 (ADAMS
Accession No. ML18268A258), Exelon
certified the permanent removal of fuel
from the Oyster Creek reactor vessel.
In accordance with Section 50.82(a)(2)
of Title 10 of the Code of Federal
Regulations (10 CFR), the license for a
power reactor facility no longer
authorizes operation of the reactor or
emplacement or retention of fuel into
the reactor vessel upon the docketing of
the certifications for permanent
cessation of operations and permanent
removal of fuel from the reactor vessel.
The facility is still authorized to possess
and store irradiated (i.e., spent) nuclear
fuel. Spent fuel is currently stored
onsite in the Oyster Creek spent fuel
pool (SFP) and a dry cask independent
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spent fuel storage installation (ISFSI) at
the Oyster Creek facility.
Many of the accident scenarios
postulated in the updated final safety
analysis reports (UFSARs) for operating
power reactors involve failures or
malfunctions of systems, which could
affect the fuel in the reactor core and, in
the most severe postulated accidents,
would involve the release of large
quantities of fission products. With the
permanent cessation of operations at
Oyster Creek and the permanent
removal of the fuel from the reactor
vessel, such accidents are no longer
possible. The reactor, reactor coolant
system, and supporting systems are no
longer in operation and have no
function related to the storage of the
spent fuel. Therefore, emergency
planning (EP) provisions for postulated
accidents involving failure or
malfunction of the reactor, reactor
coolant system, or supporting systems
are no longer applicable.
The EP requirements of 10 CFR 50.47,
‘‘Emergency plans,’’ and Appendix E to
10 CFR part 50, ‘‘Emergency Planning
and Preparedness for Production and
Utilization Facilities,’’ continue to apply
to nuclear power reactors that have
permanently ceased operation and have
permanently removed all fuel from the
reactor vessel. There are no explicit
regulatory provisions distinguishing EP
requirements for a power reactor that is
permanently shutdown and defueled
from those for a reactor that is
authorized to operate. To reduce or
eliminate EP requirements that are no
longer necessary due to the
decommissioning status of the facility,
Exelon must obtain exemptions from
those EP regulations.
On October 16, 2018, the NRC
exempted Exelon from certain EP
requirements for Oyster Creek (ADAMS
Accession No. ML18220A980). These
exemptions eliminated the requirements
to maintain an offsite radiological
emergency preparedness plan and
reduce the scope of onsite EP activities
at Oyster Creek, based on the reduced
risks of accidents that could result in an
offsite radiological release at a
decommissioning nuclear power
reactor. The October 16, 2018,
exemptions were to become effective no
earlier than 12 months (365 days) after
permanent cessation of power
operations at Oyster Creek.
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ML18220A980.
II. Request/Action
By letter dated November 6, 2018
(ADAMS Accession No. ML18310A306),
as supplemented by letter dated
February 13, 2019 (ADAMS Accession
No. ML19044A643), Exelon requested to
modify the effective date of the October
16, 2018, exemptions from 12 months
(365 days) to 9.38 months (285 days)
after permanent cessation of power
operations. Oyster Creek permanently
ceased power operations on September
17, 2018. Therefore, the revised effective
date of the exemptions would be June
29, 2019. To provide a complete record
of the NRC staff’s review, the NRC is
reissuing the October 16, 2018,
exemptions to reflect the revised
effective date. These reissued
exemptions supersede the exemptions
issued on October 16, 2018.
III. Discussion
In accordance with 10 CFR 50.12,
‘‘Specific exemptions,’’ the Commission
may, upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR part 50 when: (1) The exemptions
are authorized by law, will not present
an undue risk to public health and
safety, and are consistent with the
common defense and security; and (2)
any of the special circumstances listed
in 10 CFR 50.12(a)(2) are present. These
special circumstances include, among
other things, that the application of the
regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule.
As noted previously, the EP
regulations contained in 10 CFR
50.47(b) and Appendix E to 10 CFR part
50 apply to both operating and
shutdown power reactors. The NRC has
consistently acknowledged that the risk
of an offsite radiological release at a
power reactor that has permanently
ceased operations and permanently
removed fuel from the reactor vessel is
significantly lower, and the types of
possible accidents are significantly
fewer, than at an operating power
reactor. However, the EP regulations do
not recognize that once a power reactor
permanently ceases operation, the risk
of a large radiological release from
credible emergency accident scenarios
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is significantly reduced. The reduced
risk for any significant offsite
radiological release is based on two
factors. One factor is the elimination of
accidents applicable only to an
operating power reactor, resulting in
fewer credible accident scenarios. The
second factor is the reduced short-lived
radionuclide inventory and decay heat
production due to radioactive decay.
Due to the permanently defueled status
of the reactor, no new spent fuel will be
added to the SFP and the radionuclides
in the current spent fuel will continue
to decay as the spent fuel ages. The
irradiated fuel will produce less heat
due to radioactive decay, increasing the
available time to mitigate a loss of water
inventory from the SFP. The NRC’s
NUREG/CR–6451, ‘‘A Safety and
Regulatory Assessment of Generic BWR
[Boiling Water Reactor] and PWR
[Pressurized Water Reactor]
Permanently Shutdown Nuclear Power
Plants,’’ dated August 1997 (ADAMS
Accession No. ML082260098), and the
NRC’s NUREG–1738, ‘‘Technical Study
of Spent Fuel Pool Accident Risk at
Decommissioning Nuclear Power
Plants,’’ dated February 2001 (ADAMS
Accession No. ML010430066),
confirmed that for permanently
shutdown and defueled power reactors
that are bounded by the assumptions
and conditions in the reports, the risk of
offsite radiological release is
significantly less than for an operating
power reactor.
The EP exemptions previously
approved for Oyster Creek were based
on the licensee’s demonstration that: (1)
The radiological consequences of
design-basis accidents would not exceed
the limits of the U.S. Environmental
Protection Agency’s (EPA) early phase
Protective Action Guides (PAGs) of one
roentgen equivalent man (rem) at the
exclusion area boundary; and (2) in the
highly unlikely event of a beyonddesign-basis accident resulting in a loss
of all modes of heat transfer from the
fuel stored in the SFP, there is sufficient
time to initiate appropriate mitigating
actions, and if needed, for offsite
authorities to implement offsite
protective actions using a
Comprehensive Emergency Management
Program, or ‘‘all-hazards,’’ approach to
protect the health and safety of the
public.
With respect to design-basis accidents
at Oyster Creek, the licensee
demonstrated that, as of 33 days after
the permanent cessation of operations,
the radiological consequences of the
only remaining design-basis accident
with potential for offsite radiological
release (the fuel handling accident
(FHA) in the Auxiliary Building, where
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the SFP is located) will not exceed the
limits of the EPA early phase PAGs to
the public beyond the exclusion area
boundary. Exelon stated that this
analysis remains unchanged. Because
the requested effective date of the
exemptions is 285 days following
permanent cessation of power
operations, the 33-day decay period
necessary for the FHA dose to decrease
within the EPA PAGs remains bounded.
With respect to beyond-design-basis
accidents at Oyster Creek, the licensee
analyzed a drain down of the SFP water
that would effectively impede any decay
heat removal. The analysis demonstrates
that at 285 days after permanent
cessation of power operations, there
would be 10 hours after the assemblies
have been uncovered with all cooling
lost until the limiting fuel assembly (for
decay heat and adiabatic heatup
analysis) reaches 900 degrees Celsius
(°C), the temperature used to assess the
potential onset of fission product
release. The analysis conservatively
assumes that the heat up time starts
when the SFP has been completely
drained with all cooling lost, although
it is likely that site personnel will start
to respond to an incident when drain
down starts. The analysis also does not
consider the period of time from the
initiating event causing loss of SFP
water inventory until cooling is lost.
The NRC reviewed the licensee’s
justification for the exemptions,
including the modified effective date,
against the criteria in 10 CFR 50.12(a)
and determined, as described below,
that the criteria in 10 CFR 50.12(a) will
be met, and that the exemptions should
be granted 285 days after the permanent
cessation of power operations. As
discussed above, in October 2018, the
NRC staff previously granted Exelon
exemptions from the relevant EP
requirements, with an effective date of
these exemptions being 365 days after
the permanent cessation of operations.
Subsequently, in November 2018,
Exelon requested to change the effective
date of these exemptions from 365 days
to 285 days. Consequently, the NRC is
reissuing the October 2018 exemptions
with a revised effective date of 285 days
after Oyster Creek has permanently
ceased operations.
An assessment of the Exelon EP
exemptions originally issued on October
16, 2018, is described in SECY–18–
0062, ‘‘Request by the Exelon
Generation Company, LLC for
Exemptions from Certain Emergency
Planning Requirements for the Oyster
Creek Nuclear Generating Station,’’
dated May 31, 2018 (ADAMS Accession
No. ML18030B340). The Commission
approved the NRC staff’s
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28355
recommendation to grant the
exemptions in the staff requirements
memorandum to SECY–18–0062, dated
July 17, 2018 (ADAMS Accession No.
ML18198A449).
The NRC staff’s detailed review and
technical basis for the approval of the
specific EP exemptions are provided in
the NRC staff’s safety evaluation
associated with the October 16, 2018
exemptions (ADAMS Accession No.
ML18220A980). That safety evaluation
remains valid as to all aspects of the
exemptions other than the revised
effective date. The NRC staff’s detailed
review and technical basis for the
modification of the effective date of the
exemptions is provided in a separate
safety evaluation dated June 11, 2019
(ADAMS Accession No. ML19095A873).
In sum, the NRC reviewed the
licensee’s justification for the requested
exemptions, including the modified
effective date, against the criteria in 10
CFR 50.12(a) and determined, as
described below, that the criteria in 10
CFR 50.12(a) will be met, and that the
exemptions should be granted 285 days
after the permanent cessation of power
operations. To provide a complete
record of the NRC staff’s analysis, the
NRC is reissuing the specific EP
exemptions with the revised effective
date of 285 days after the permanent
cessation of power operations.
A. The Exemptions are Authorized by
Law
The licensee has proposed
exemptions from certain EP
requirements in 10 CFR 50.47(b), 10
CFR 50.47(c)(2), and 10 CFR 50,
Appendix E, Section IV, that would
allow Exelon to revise the Oyster Creek
Emergency Plan to reflect the
permanently shutdown and defueled
condition of the facility. The licensee
has also requested to modify the
effective date for the implementation of
the previously approved exemptions
from 12 months to 9.38 months (285
days) after permanent cessation of
power operations. As stated above, in
accordance with 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR part 50. The
NRC staff has determined that reissuing
the licensee’s proposed exemptions,
with the modified effective date, will
not result in a violation of the Atomic
Energy Act of 1954, as amended, or the
NRC’s regulations. Therefore, the
exemptions are authorized by law.
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B. The Exemption Presents No Undue
Risk to Public Health and Safety
As stated previously, Exelon provided
an analysis showing that the
radiological consequences of designbasis accidents will not exceed the
limits of the EPA early phase PAGs at
the exclusion area boundary. Therefore,
based on the reduced risk of radiological
consequences from design-basis
accidents still possible at Oyster Creek
285 days after the plant has
permanently ceased power operations,
formal offsite radiological emergency
preparedness plans required under 10
CFR part 50 will no longer be needed for
protection of the public beyond the
exclusion area boundary.
Exelon provided an analysis showing
that, as of 33 days after permanent
cessation of power operations, the
radiological consequences of the only
remaining design-basis accident with
potential for offsite radiological release
(FHA in the Auxiliary Building) will not
exceed the limits of the EPA early phase
PAGs to the public beyond the
exclusion area boundary. Because the
requested effective date of the
exemption is 285 days following
permanent cessation of power
operations, the 33-day decay necessary
for the FHA dose to decrease within the
EPA PAGs remains bounded. Oyster
Creek permanently ceased power
operations on September 17, 2018.
In addition, the licensee analyzed
beyond-design-basis accidents at Oyster
Creek, which would result in a drain
down of the SFP water that would
effectively impede any decay heat
removal. The analysis demonstrates that
at 285 days after permanent cessation of
power operations, there would be 10
hours after the assemblies have been
uncovered until the limiting fuel
assembly (for decay heat and adiabatic
heatup analysis) reaches 900 °C, the
temperature used to assess the potential
onset of fission product release.
Exelon has demonstrated that
sufficient time continues to exist to
implement prompt SFP mitigative
action, and if warranted, for offsite
governmental officials to implement
measures to protect the public using a
CEMP, or ‘‘all-hazards,’’ approach. As
such, the determination that formal
offsite radiological emergency
preparedness plans required under 10
CFR part 50 will no longer be needed for
protection of the public beyond the
exclusion area boundary remains valid.
Further, NUREG–1738 confirms that
the risk of beyond-design-basis
accidents is greatly reduced at
permanently shutdown and defueled
reactors. The NRC staff’s analyses in
VerDate Sep<11>2014
17:23 Jun 17, 2019
Jkt 247001
NUREG–1738 conclude that the event
sequences important to risk at
permanently shutdown and defueled
power reactors are limited to large
earthquakes and cask drop events. For
EP assessments, this is an important
difference relative to operating power
reactors, where typically a large number
of different sequences make significant
contributions to risk. As described in
NUREG–1738, relaxation of offsite EP
requirements in 10 CFR part 50 beyond
a few months after shutdown resulted in
only a small change in risk. The report
further concludes that the change in risk
due to relaxation of offsite EP
requirements is small because the
overall risk is low and because even
under current EP requirements for
operating power reactors, EP was judged
to have marginal impact on evacuation
effectiveness for the severe earthquakes
that dominate SFP risk. All other
sequences including cask drops (for
which offsite radiological emergency
preparedness plans are expected to be
more effective) are too low in likelihood
to have a significant impact on risk.
Therefore, reissuing the previously
approved exemptions with a modified
effective date of 9.28 months (285 days)
after permanent cessation of power
operations will not present an undue
risk to the public health and safety.
C. The Exemptions are Consistent With
the Common Defense and Security
The reissued exemptions involve EP
requirements under 10 CFR part 50 and
will allow Exelon to revise the Oyster
Creek Emergency Plan to reflect the
permanently shutdown and defueled
condition of the facility. Physical
security measures at Oyster Creek are
not affected by the reissued EP
exemptions with the revised effective
date. The discontinuation of formal
offsite radiological emergency
preparedness plans and the reduction in
scope of the onsite EP activities at
Oyster Creek will not adversely affect
Exelon’s ability to physically secure the
site or protect special nuclear material.
Therefore, the reissued exemptions are
consistent with common defense and
security.
D. Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances is not
necessary to achieve the underlying
purpose of the rule. The underlying
purpose of 10 CFR 50.47(b), 10 CFR
50.47(c)(2), and 10 CFR part 50,
Appendix E, Section IV, is to provide
reasonable assurance that adequate
protective measures can and will be
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
taken in the event of a radiological
emergency, to establish plume exposure
and ingestion pathway emergency
planning zones for nuclear power
plants, and to ensure that licensees
maintain effective offsite and onsite
radiological emergency preparedness
plans. The standards and requirements
in these regulations were developed by
considering the risks associated with
operation of a power reactor at its
licensed full-power level. These risks
include the potential for a reactor
accident with offsite radiological dose
consequences.
As previously discussed, because
Oyster Creek is permanently shut down
and defueled, there is no longer a risk
of a significant offsite radiological
release from a design-basis accident
exceeding EPA early phase PAGs at the
exclusion area boundary and the risk of
a significant offsite radiological release
from a beyond-design-basis accident is
greatly reduced when compared to an
operating power reactor. The NRC staff
has confirmed the reduced risks at
Oyster Creek by comparing the generic
risk assumptions in the analyses in
NUREG–1738 to site-specific conditions
at Oyster Creek and determined that the
risk values in NUREG–1738 bound the
risks presented at Oyster Creek. As
indicated by the results of the research
conducted for NUREG–1738, and more
recently for NUREG–2161,
‘‘Consequence Study of a BeyondDesign-Basis Earthquake Affecting the
Spent Fuel Pool for a U.S. Mark I
Boiling Water Reactor,’’ dated
September 2014 (ADAMS Accession No.
ML14255A365), while other
consequences can be extensive,
accidents from SFPs with significant
decay time have little potential to cause
offsite early fatalities, even if the formal
offsite radiological EP requirements
were relaxed. The licensee’s analysis of
a beyond-design-basis accident
involving a complete loss of SFP water
inventory, based on an adiabatic heatup
analysis of the limiting fuel assembly for
decay heat, shows that within 285 days
after permanent cessation of power
operations, the time for the limiting fuel
assembly to reach 900 °C is at least 10
hours after the assemblies have been
uncovered assuming a loss of all cooling
means.
The only analyzed beyond-designbasis accident scenario that progresses
to a condition where a significant offsite
release might occur involves the highly
unlikely event where the SFP drains in
such a way that all modes of cooling or
heat transfer are assumed to be
unavailable, which is referred to as an
adiabatic heatup of the spent fuel. The
licensee’s analysis of this beyond-
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design-basis accident shows that within
285 days after permanent cessation of
power operations, at least 10 hours
would be available between the time
that all cooling means are lost to the fuel
(at which time adiabatic heatup is
conservatively assumed to begin), until
the fuel cladding reaches a temperature
of 900 °C, which is the temperature
associated with rapid cladding
oxidation and the potential for a
significant radiological release. This
analysis conservatively does not include
the period of time from the initiating
event causing a loss of SFP water
inventory until all cooling means are
lost.
The NRC staff has verified Exelon’s
analyses and its calculations. The
analyses provide reasonable assurance
that in reissuing the requested
exemptions to Exelon, there is no
design-basis accident that will result in
an offsite radiological release exceeding
the EPA early phase PAGs at the
exclusion area boundary. In the highly
unlikely event of a beyond-design-basis
accident affecting the SFP that results in
a complete loss of heat removal via all
modes of heat transfer, there will be
over 10 hours available before an offsite
release might occur and, therefore, at
least 10 hours to initiate appropriate
mitigating actions to restore a means of
heat removal to the spent fuel. If a
radiological release were projected to
occur under this highly unlikely
scenario, a minimum of 10 hours is
considered sufficient time for offsite
authorities to implement protective
actions using a CEMP, or ‘‘all-hazards,’’
approach to protect the health and
safety of the public.
Exemptions from the offsite EP
requirements in 10 CFR part 50 have
previously been approved by the NRC
when the site-specific analyses show
that at least 10 hours is available
following a loss of SFP coolant
inventory accident with no air cooling
(or other methods of removing decay
heat) until cladding of the hottest fuel
assembly reaches the rapid oxidation
temperature. The NRC staff concluded
in its previously granted exemptions, as
it does with Exelon’s requested EP
exemptions, that if a minimum of 10
hours is available to initiate mitigative
actions consistent with plant conditions
or, if needed, for offsite authorities to
implement protective actions using a
CEMP approach, then formal offsite
radiological emergency preparedness
plans, required under 10 CFR part 50,
are not necessary at permanently
shutdown and defueled facilities.
Additionally, Oyster Creek committed
to maintaining SFP makeup strategies in
its letters to the NRC dated March 8 and
VerDate Sep<11>2014
17:23 Jun 17, 2019
Jkt 247001
19, 2018 (ADAMS Accession Nos.
ML18067A087 and ML18078A146,
respectively). The multiple strategies for
providing makeup to the SFP include:
Using existing plant systems for
inventory makeup; an internal strategy
that relies on the fire protection system
with redundant pumps (one dieseldriven and one electric motor-driven);
and onsite diesel fire truck that can take
suction from the Barnegat Bay. These
strategies will continue to be required as
condition 2.C.(8), ‘‘Mitigation Strategy
License Condition,’’ of renewed facility
operating license DPR–16 for Oyster
Creek. Considering the very low
probability of beyond-design-basis
accidents affecting the SFP, these
diverse strategies provide multiple
methods to obtain additional makeup or
spray to the SFP before the onset of any
postulated offsite radiological release.
For all of the reasons stated above, the
NRC staff finds that the licensee’s
requested exemptions, including the
modified effective date, meet the
underlying purpose of all of the
standards in 10 CFR 50.47(b), and
requirements in 10 CFR 50.47(c)(2) and
10 CFR part 50, Appendix E, and satisfy
the special circumstances provision in
10 CFR 50.12(a)(2)(ii) in view of the
greatly reduced risk of offsite
radiological consequences associated
with the permanently shutdown and
defueled state of the Oyster Creek
facility 285 days after permanent
cessation of power operations.
The NRC staff has concluded that the
exemptions being granted by this action
will maintain an acceptable level of
emergency preparedness at Oyster Creek
and, if needed, that there is reasonable
assurance that adequate offsite
protective measures can and will be
taken by State and local government
agencies using a CEMP, or ‘‘allhazards,’’ approach in the unlikely
event of a radiological emergency at
Oyster Creek. Because the underlying
purposes of the rules, as exempted,
would continue to be achieved, even
with the elimination of the requirements
under 10 CFR part 50 to maintain formal
offsite radiological emergency
preparedness plans and the reduction in
the scope of the onsite emergency
planning activities at Oyster Creek, the
special circumstances required by 10
CFR 50.12(a)(2)(ii) exist.
E. Environmental Considerations
In accordance with 10 CFR 51.31(a),
the Commission has determined that the
reissuing the EP exemptions with a
revised effective date will not have a
significant effect on the quality of the
human environment. The NRC staff
previously analyzed the October 16,
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
28357
2018, EP exemptions in a Finding of No
Significant Impact and associated
Environmental Assessment published in
the Federal Register on August 13, 2018
(83 FR 40092). That evaluation remains
valid as to all aspects of the EP
exemptions other than the revised
effective date. The NRC staff analyzed
the environmental impacts of the
revised effective date in a separate
Finding of No Significant Impact and
associated Environmental Assessment
published in the Federal Register on
May 1, 2019 (84 FR 18586).
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, reissuing the specific EP
exemptions originally granted on
October 16, 2018, with the revised
effective date of 285 days after
permanent cessation of operations will
not present an undue risk to the public
health and safety and is consistent with
the common defense and security. Also,
special circumstances are present.
Therefore, the Commission hereby
reissues Exelon’s exemption from
certain EP requirements in 10 CFR
50.47(b), 10 CFR 50.47(c)(2), and 10 CFR
part 50, Appendix E, as discussed and
evaluated in detail in the NRC staff’s
safety evaluation associated with these
exemptions. Oyster Creek permanently
ceased power operations on September
17, 2018. Therefore, the revised effective
date of the reissued exemptions is June
29, 2019.
Dated at Rockville, Maryland, this 11th day
of June, 2019.
For the Nuclear Regulatory Commission.
/RA/
John R. Tappert,
Director, Division of Decommissioning,
Uranium Recovery and Waste Processing.
[FR Doc. 2019–12803 Filed 6–17–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–219; NRC–2018–0237]
Holtec Decommissioning International,
LLC; Oyster Creek Nuclear Generating
Station
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of exemptions in response to a
November 30, 2018, request from Holtec
E:\FR\FM\18JNN1.SGM
18JNN1
Agencies
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28352-28357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12803]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2019-0096]
Exelon Generation Company LLC; Oyster Creek Nuclear Generating
Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has reissued
exemptions originally approved on October 16, 2018, exempting Exelon
Generation Company, LLC (Exelon or the licensee) from certain emergency
planning (EP) requirements. The NRC is reissuing these exemptions to
change the effective date of the exemptions from date would change from
365 days to 285 days after the permanent cessation of power operations.
The reissued exemptions eliminated the requirements to maintain an
offsite radiological emergency preparedness plan and reduce the scope
of onsite EP activities at the Oyster Creek Nuclear Generating Station
(Oyster Creek), based on the reduced risks of accidents that could
result in an offsite radiological release at a decommissioning nuclear
power reactor.
DATES: The exemptions were reissued on June 11, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0096 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0096. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed
[[Page 28353]]
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 ``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 [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. In addition, for the
convenience of the reader, the ADAMS accession numbers are provided in
a table in the ``Availability of Documents'' section of this document.
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: Amy M. Snyder, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6822; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Commission has determined that, pursuant to section 50.12 of
title 10 of the Code of Federal Regulations (CFR), Exelon's request for
exemptions from certain EP requirements in 10 CFR 50.47(b), 10 CFR
50.47(c)(2), and 10 CFR part 50, appendix E, section IV, and as
summarized in Enclosure 2 to SECY-18-0062, are authorized by law, will
not present an undue risk to the public health and safety, and are
consistent with the common defense and security. Also, special
circumstances are present. Therefore, the Commission hereby grants
Exelon's exemptions from certain EP requirements in 10 CFR 50.47(b), 10
CFR 50.47(c)(2), and 10 CFR part 50, appendix E, section IV, as
discussed and evaluated in detail in the NRC staff's safety evaluation
associated with this exemption. The exemptions are effective as of 285
days after permanent cessation of power operations.
II. Availability of Documents
The documents identified in the following table are available for
public inspection through ADAMS, a public web page, or by using one of
the methods discussed in the ADDRESSES section of this document.
----------------------------------------------------------------------------------------------------------------
Document title Date ADAMS accession No. or public web page
----------------------------------------------------------------------------------------------------------------
Exelon Generation Company, LLC, February 14, 2018................... ML18045A084.
letter to U.S. Nuclear Regulatory
Commission, ``Certification of
Permanent Cessation of Power
Operations for Oyster Creek
Nuclear Generating Station.''.
Exelon Generation Company, LLC, September 25, 2018.................. ML18268A258.
letter to U.S. Nuclear Regulatory
Commission, ``Certification of
Permanent Removal of Fuel from
the Reactor Vessel for Oyster
Creek Nuclear Generating
Station.''.
Exelon Generation Company, LLC, October 22, 2018.................... ML18295A384.
letter to U.S. Nuclear Regulatory
Commission, ``License Amendment
Request--Proposed Change of
Effective and Implementation
Dates of License Amendment No.
294, Oyster Creek Emergency Plan
for Permanently Defueled
Emergency Plan and Emergency
Action Level Scheme.''.
Exelon Generation Company, LLC, November 6, 2018.................... ML18310A306.
letter to U.S. Nuclear Regulatory
Commission, ``License Amendment
Request Supplement--Proposed
Change of Effective and
Implementation Dates of License
Amendment No. 294, Oyster Creek
Emergency Plan for Permanently
Defueled Emergency Plan and
Emergency Action Level Scheme.''.
Exelon Generation Company, LLC, February 13, 2019................... ML19044A643.
letter to U.S. Nuclear Regulatory
Commission, ``Response to Request
for Additional Information (RAI)
and Supplemental Information
Regarding Request for Changing
Emergency Preparedness License
Amendment No. 294 Effective
Date''.
U.S. Nuclear Regulatory August 1997......................... ML082260098.
Commission, NUREG/CR-6451, ``A
Safety and Regulatory Assessment
of Generic BWR and PWR
Permanently Shutdown Nuclear
Power Plants.''.
U.S. Nuclear Regulatory February 2001....................... ML010430066.
Commission, NUREG-1738,
``Technical Study of Spent Fuel
Pool Accident Risk at
Decommissioning Nuclear Power
Plants.''.
Federal Emergency Management November 2010....................... https://www.fema.gov/pdf/about/
Agency Comprehensive Preparedness divisions/npd/CPG_101_V2.pdf.
Guide 101, ``Developing and
Maintaining Emergency Operations
Plans,'' Version 2.0.
U.S. Nuclear Regulatory September 2014...................... ML14255A365.
Commission, NUREG-2161,
``Consequence Study of a Beyond
Design-Basis Earthquake Affecting
the Spent Fuel Pool for a U.S.
Mark I Boiling Water Reactor.''.
U.S. Nuclear Regulatory November 12, 2013................... ML13329A918
Commission, COMSECY-13-0030, (Package)
``Staff Evaluation and
Recommendation for Japan Lessons-
Learned Tier 3 Issue on Expedited
Transfer of Spent Fuel.''.
U.S. Nuclear Regulatory May 31, 2018........................ ML18030B340 (Package).
Commission, SECY-18-0062,
``Request by the Exelon
Generation Company, LLC for
Exemptions from Certain Emergency
Planning Requirements for the
Oyster Creek Nuclear Generating
Station.''.
U.S. Nuclear Regulatory July 17, 2018....................... ML18198A449.
Commission, ``Staff Requirements--
SECY-18-0062, Request by the
Exelon Generation Company, LLC
for Exemptions from Certain
Emergency Planning Requirements
for the Oyster Creek Nuclear
Generating Station.''.
Exelon Generation Company, LLC, March 8, 2018....................... ML18067A087.
letter to U.S. Nuclear Regulatory
Commission, ``Supplement to
Request for Exemption from
Portions of 10 CFR 50.47 and 10
CFR 50 part 50, Appendix E.''.
Exelon Generation Company, LLC, March 19, 2018...................... ML18078A146.
letter to U.S. Nuclear Regulatory
Commission, ``Response to Request
for Additional Information (RAI)
Related to Exemption Request from
Portions of 10 CFR 50.47 and 10
CFR 50 part 50, Appendix E.''.
[[Page 28354]]
U.S. Nuclear Regulatory October 16, 2018.................... ML18220A980.
Commission, letter to Exelon
Generation Company, LLC ``Oyster
Creek Nuclear Generating Station--
Exemptions from Certain Emergency
Planning Requirements and Related
Safety Evaluation.''.
----------------------------------------------------------------------------------------------------------------
The text of the exemption is attached.
Dated at Rockville, Maryland, on June 13, 2019.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
Attachment-Exemption
Nuclear Regulatory Commission
Docket No. 50-219
Exelon Generation Company, LLC
Oyster Creek Nuclear Generating Station
Exemption
I. Background
Exelon Generation Company, LLC (Exelon or the licensee) is the
holder of Renewed Facility Operating License No. DPR-16 for Oyster
Creek Nuclear Generating Station (Oyster Creek). The license provides,
among other things, that the facility is subject to all rules,
regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC)
now or hereafter in effect. The facility is located in Ocean County,
New Jersey.
By letter dated February 14, 2018 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML18045A084), Exelon submitted
a certification to the NRC that it would permanently cease power
operations at Oyster Creek no later than October 31, 2018. On September
17, 2018, Exelon permanently ceased power operations at Oyster Creek.
By letter dated September 25, 2018 (ADAMS Accession No. ML18268A258),
Exelon certified the permanent removal of fuel from the Oyster Creek
reactor vessel.
In accordance with Section 50.82(a)(2) of Title 10 of the Code of
Federal Regulations (10 CFR), the license for a power reactor facility
no longer authorizes operation of the reactor or emplacement or
retention of fuel into the reactor vessel upon the docketing of the
certifications for permanent cessation of operations and permanent
removal of fuel from the reactor vessel. The facility is still
authorized to possess and store irradiated (i.e., spent) nuclear fuel.
Spent fuel is currently stored onsite in the Oyster Creek spent fuel
pool (SFP) and a dry cask independent spent fuel storage installation
(ISFSI) at the Oyster Creek facility.
Many of the accident scenarios postulated in the updated final
safety analysis reports (UFSARs) for operating power reactors involve
failures or malfunctions of systems, which could affect the fuel in the
reactor core and, in the most severe postulated accidents, would
involve the release of large quantities of fission products. With the
permanent cessation of operations at Oyster Creek and the permanent
removal of the fuel from the reactor vessel, such accidents are no
longer possible. The reactor, reactor coolant system, and supporting
systems are no longer in operation and have no function related to the
storage of the spent fuel. Therefore, emergency planning (EP)
provisions for postulated accidents involving failure or malfunction of
the reactor, reactor coolant system, or supporting systems are no
longer applicable.
The EP requirements of 10 CFR 50.47, ``Emergency plans,'' and
Appendix E to 10 CFR part 50, ``Emergency Planning and Preparedness for
Production and Utilization Facilities,'' continue to apply to nuclear
power reactors that have permanently ceased operation and have
permanently removed all fuel from the reactor vessel. There are no
explicit regulatory provisions distinguishing EP requirements for a
power reactor that is permanently shutdown and defueled from those for
a reactor that is authorized to operate. To reduce or eliminate EP
requirements that are no longer necessary due to the decommissioning
status of the facility, Exelon must obtain exemptions from those EP
regulations.
On October 16, 2018, the NRC exempted Exelon from certain EP
requirements for Oyster Creek (ADAMS Accession No. ML18220A980). These
exemptions eliminated the requirements to maintain an offsite
radiological emergency preparedness plan and reduce the scope of onsite
EP activities at Oyster Creek, based on the reduced risks of accidents
that could result in an offsite radiological release at a
decommissioning nuclear power reactor. The October 16, 2018, exemptions
were to become effective no earlier than 12 months (365 days) after
permanent cessation of power operations at Oyster Creek.
II. Request/Action
By letter dated November 6, 2018 (ADAMS Accession No. ML18310A306),
as supplemented by letter dated February 13, 2019 (ADAMS Accession No.
ML19044A643), Exelon requested to modify the effective date of the
October 16, 2018, exemptions from 12 months (365 days) to 9.38 months
(285 days) after permanent cessation of power operations. Oyster Creek
permanently ceased power operations on September 17, 2018. Therefore,
the revised effective date of the exemptions would be June 29, 2019. To
provide a complete record of the NRC staff's review, the NRC is
reissuing the October 16, 2018, exemptions to reflect the revised
effective date. These reissued exemptions supersede the exemptions
issued on October 16, 2018.
III. Discussion
In accordance with 10 CFR 50.12, ``Specific exemptions,'' the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR part
50 when: (1) The exemptions are authorized by law, will not present an
undue risk to public health and safety, and are consistent with the
common defense and security; and (2) any of the special circumstances
listed in 10 CFR 50.12(a)(2) are present. These special circumstances
include, among other things, that the application of the regulation in
the particular circumstances would not serve the underlying purpose of
the rule or is not necessary to achieve the underlying purpose of the
rule.
As noted previously, the EP regulations contained in 10 CFR
50.47(b) and Appendix E to 10 CFR part 50 apply to both operating and
shutdown power reactors. The NRC has consistently acknowledged that the
risk of an offsite radiological release at a power reactor that has
permanently ceased operations and permanently removed fuel from the
reactor vessel is significantly lower, and the types of possible
accidents are significantly fewer, than at an operating power reactor.
However, the EP regulations do not recognize that once a power reactor
permanently ceases operation, the risk of a large radiological release
from credible emergency accident scenarios
[[Page 28355]]
is significantly reduced. The reduced risk for any significant offsite
radiological release is based on two factors. One factor is the
elimination of accidents applicable only to an operating power reactor,
resulting in fewer credible accident scenarios. The second factor is
the reduced short-lived radionuclide inventory and decay heat
production due to radioactive decay. Due to the permanently defueled
status of the reactor, no new spent fuel will be added to the SFP and
the radionuclides in the current spent fuel will continue to decay as
the spent fuel ages. The irradiated fuel will produce less heat due to
radioactive decay, increasing the available time to mitigate a loss of
water inventory from the SFP. The NRC's NUREG/CR-6451, ``A Safety and
Regulatory Assessment of Generic BWR [Boiling Water Reactor] and PWR
[Pressurized Water Reactor] Permanently Shutdown Nuclear Power
Plants,'' dated August 1997 (ADAMS Accession No. ML082260098), and the
NRC's NUREG-1738, ``Technical Study of Spent Fuel Pool Accident Risk at
Decommissioning Nuclear Power Plants,'' dated February 2001 (ADAMS
Accession No. ML010430066), confirmed that for permanently shutdown and
defueled power reactors that are bounded by the assumptions and
conditions in the reports, the risk of offsite radiological release is
significantly less than for an operating power reactor.
The EP exemptions previously approved for Oyster Creek were based
on the licensee's demonstration that: (1) The radiological consequences
of design-basis accidents would not exceed the limits of the U.S.
Environmental Protection Agency's (EPA) early phase Protective Action
Guides (PAGs) of one roentgen equivalent man (rem) at the exclusion
area boundary; and (2) in the highly unlikely event of a beyond-design-
basis accident resulting in a loss of all modes of heat transfer from
the fuel stored in the SFP, there is sufficient time to initiate
appropriate mitigating actions, and if needed, for offsite authorities
to implement offsite protective actions using a Comprehensive Emergency
Management Program, or ``all-hazards,'' approach to protect the health
and safety of the public.
With respect to design-basis accidents at Oyster Creek, the
licensee demonstrated that, as of 33 days after the permanent cessation
of operations, the radiological consequences of the only remaining
design-basis accident with potential for offsite radiological release
(the fuel handling accident (FHA) in the Auxiliary Building, where the
SFP is located) will not exceed the limits of the EPA early phase PAGs
to the public beyond the exclusion area boundary. Exelon stated that
this analysis remains unchanged. Because the requested effective date
of the exemptions is 285 days following permanent cessation of power
operations, the 33-day decay period necessary for the FHA dose to
decrease within the EPA PAGs remains bounded.
With respect to beyond-design-basis accidents at Oyster Creek, the
licensee analyzed a drain down of the SFP water that would effectively
impede any decay heat removal. The analysis demonstrates that at 285
days after permanent cessation of power operations, there would be 10
hours after the assemblies have been uncovered with all cooling lost
until the limiting fuel assembly (for decay heat and adiabatic heatup
analysis) reaches 900 degrees Celsius ([deg]C), the temperature used to
assess the potential onset of fission product release. The analysis
conservatively assumes that the heat up time starts when the SFP has
been completely drained with all cooling lost, although it is likely
that site personnel will start to respond to an incident when drain
down starts. The analysis also does not consider the period of time
from the initiating event causing loss of SFP water inventory until
cooling is lost.
The NRC reviewed the licensee's justification for the exemptions,
including the modified effective date, against the criteria in 10 CFR
50.12(a) and determined, as described below, that the criteria in 10
CFR 50.12(a) will be met, and that the exemptions should be granted 285
days after the permanent cessation of power operations. As discussed
above, in October 2018, the NRC staff previously granted Exelon
exemptions from the relevant EP requirements, with an effective date of
these exemptions being 365 days after the permanent cessation of
operations. Subsequently, in November 2018, Exelon requested to change
the effective date of these exemptions from 365 days to 285 days.
Consequently, the NRC is reissuing the October 2018 exemptions with a
revised effective date of 285 days after Oyster Creek has permanently
ceased operations.
An assessment of the Exelon EP exemptions originally issued on
October 16, 2018, is described in SECY-18-0062, ``Request by the Exelon
Generation Company, LLC for Exemptions from Certain Emergency Planning
Requirements for the Oyster Creek Nuclear Generating Station,'' dated
May 31, 2018 (ADAMS Accession No. ML18030B340). The Commission approved
the NRC staff's recommendation to grant the exemptions in the staff
requirements memorandum to SECY-18-0062, dated July 17, 2018 (ADAMS
Accession No. ML18198A449).
The NRC staff's detailed review and technical basis for the
approval of the specific EP exemptions are provided in the NRC staff's
safety evaluation associated with the October 16, 2018 exemptions
(ADAMS Accession No. ML18220A980). That safety evaluation remains valid
as to all aspects of the exemptions other than the revised effective
date. The NRC staff's detailed review and technical basis for the
modification of the effective date of the exemptions is provided in a
separate safety evaluation dated June 11, 2019 (ADAMS Accession No.
ML19095A873).
In sum, the NRC reviewed the licensee's justification for the
requested exemptions, including the modified effective date, against
the criteria in 10 CFR 50.12(a) and determined, as described below,
that the criteria in 10 CFR 50.12(a) will be met, and that the
exemptions should be granted 285 days after the permanent cessation of
power operations. To provide a complete record of the NRC staff's
analysis, the NRC is reissuing the specific EP exemptions with the
revised effective date of 285 days after the permanent cessation of
power operations.
A. The Exemptions are Authorized by Law
The licensee has proposed exemptions from certain EP requirements
in 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and 10 CFR 50, Appendix E,
Section IV, that would allow Exelon to revise the Oyster Creek
Emergency Plan to reflect the permanently shutdown and defueled
condition of the facility. The licensee has also requested to modify
the effective date for the implementation of the previously approved
exemptions from 12 months to 9.38 months (285 days) after permanent
cessation of power operations. As stated above, in accordance with 10
CFR 50.12, the Commission may, upon application by any interested
person or upon its own initiative, grant exemptions from the
requirements of 10 CFR part 50. The NRC staff has determined that
reissuing the licensee's proposed exemptions, with the modified
effective date, will not result in a violation of the Atomic Energy Act
of 1954, as amended, or the NRC's regulations. Therefore, the
exemptions are authorized by law.
[[Page 28356]]
B. The Exemption Presents No Undue Risk to Public Health and Safety
As stated previously, Exelon provided an analysis showing that the
radiological consequences of design-basis accidents will not exceed the
limits of the EPA early phase PAGs at the exclusion area boundary.
Therefore, based on the reduced risk of radiological consequences from
design-basis accidents still possible at Oyster Creek 285 days after
the plant has permanently ceased power operations, formal offsite
radiological emergency preparedness plans required under 10 CFR part 50
will no longer be needed for protection of the public beyond the
exclusion area boundary.
Exelon provided an analysis showing that, as of 33 days after
permanent cessation of power operations, the radiological consequences
of the only remaining design-basis accident with potential for offsite
radiological release (FHA in the Auxiliary Building) will not exceed
the limits of the EPA early phase PAGs to the public beyond the
exclusion area boundary. Because the requested effective date of the
exemption is 285 days following permanent cessation of power
operations, the 33-day decay necessary for the FHA dose to decrease
within the EPA PAGs remains bounded. Oyster Creek permanently ceased
power operations on September 17, 2018.
In addition, the licensee analyzed beyond-design-basis accidents at
Oyster Creek, which would result in a drain down of the SFP water that
would effectively impede any decay heat removal. The analysis
demonstrates that at 285 days after permanent cessation of power
operations, there would be 10 hours after the assemblies have been
uncovered until the limiting fuel assembly (for decay heat and
adiabatic heatup analysis) reaches 900 [deg]C, the temperature used to
assess the potential onset of fission product release.
Exelon has demonstrated that sufficient time continues to exist to
implement prompt SFP mitigative action, and if warranted, for offsite
governmental officials to implement measures to protect the public
using a CEMP, or ``all-hazards,'' approach. As such, the determination
that formal offsite radiological emergency preparedness plans required
under 10 CFR part 50 will no longer be needed for protection of the
public beyond the exclusion area boundary remains valid.
Further, NUREG-1738 confirms that the risk of beyond-design-basis
accidents is greatly reduced at permanently shutdown and defueled
reactors. The NRC staff's analyses in NUREG-1738 conclude that the
event sequences important to risk at permanently shutdown and defueled
power reactors are limited to large earthquakes and cask drop events.
For EP assessments, this is an important difference relative to
operating power reactors, where typically a large number of different
sequences make significant contributions to risk. As described in
NUREG-1738, relaxation of offsite EP requirements in 10 CFR part 50
beyond a few months after shutdown resulted in only a small change in
risk. The report further concludes that the change in risk due to
relaxation of offsite EP requirements is small because the overall risk
is low and because even under current EP requirements for operating
power reactors, EP was judged to have marginal impact on evacuation
effectiveness for the severe earthquakes that dominate SFP risk. All
other sequences including cask drops (for which offsite radiological
emergency preparedness plans are expected to be more effective) are too
low in likelihood to have a significant impact on risk.
Therefore, reissuing the previously approved exemptions with a
modified effective date of 9.28 months (285 days) after permanent
cessation of power operations will not present an undue risk to the
public health and safety.
C. The Exemptions are Consistent With the Common Defense and Security
The reissued exemptions involve EP requirements under 10 CFR part
50 and will allow Exelon to revise the Oyster Creek Emergency Plan to
reflect the permanently shutdown and defueled condition of the
facility. Physical security measures at Oyster Creek are not affected
by the reissued EP exemptions with the revised effective date. The
discontinuation of formal offsite radiological emergency preparedness
plans and the reduction in scope of the onsite EP activities at Oyster
Creek will not adversely affect Exelon's ability to physically secure
the site or protect special nuclear material. Therefore, the reissued
exemptions are consistent with common defense and security.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule. The underlying purpose of 10 CFR 50.47(b), 10 CFR 50.47(c)(2),
and 10 CFR part 50, Appendix E, Section IV, is to provide reasonable
assurance that adequate protective measures can and will be taken in
the event of a radiological emergency, to establish plume exposure and
ingestion pathway emergency planning zones for nuclear power plants,
and to ensure that licensees maintain effective offsite and onsite
radiological emergency preparedness plans. The standards and
requirements in these regulations were developed by considering the
risks associated with operation of a power reactor at its licensed
full-power level. These risks include the potential for a reactor
accident with offsite radiological dose consequences.
As previously discussed, because Oyster Creek is permanently shut
down and defueled, there is no longer a risk of a significant offsite
radiological release from a design-basis accident exceeding EPA early
phase PAGs at the exclusion area boundary and the risk of a significant
offsite radiological release from a beyond-design-basis accident is
greatly reduced when compared to an operating power reactor. The NRC
staff has confirmed the reduced risks at Oyster Creek by comparing the
generic risk assumptions in the analyses in NUREG-1738 to site-specific
conditions at Oyster Creek and determined that the risk values in
NUREG-1738 bound the risks presented at Oyster Creek. As indicated by
the results of the research conducted for NUREG-1738, and more recently
for NUREG-2161, ``Consequence Study of a Beyond-Design-Basis Earthquake
Affecting the Spent Fuel Pool for a U.S. Mark I Boiling Water
Reactor,'' dated September 2014 (ADAMS Accession No. ML14255A365),
while other consequences can be extensive, accidents from SFPs with
significant decay time have little potential to cause offsite early
fatalities, even if the formal offsite radiological EP requirements
were relaxed. The licensee's analysis of a beyond-design-basis accident
involving a complete loss of SFP water inventory, based on an adiabatic
heatup analysis of the limiting fuel assembly for decay heat, shows
that within 285 days after permanent cessation of power operations, the
time for the limiting fuel assembly to reach 900 [deg]C is at least 10
hours after the assemblies have been uncovered assuming a loss of all
cooling means.
The only analyzed beyond-design-basis accident scenario that
progresses to a condition where a significant offsite release might
occur involves the highly unlikely event where the SFP drains in such a
way that all modes of cooling or heat transfer are assumed to be
unavailable, which is referred to as an adiabatic heatup of the spent
fuel. The licensee's analysis of this beyond-
[[Page 28357]]
design-basis accident shows that within 285 days after permanent
cessation of power operations, at least 10 hours would be available
between the time that all cooling means are lost to the fuel (at which
time adiabatic heatup is conservatively assumed to begin), until the
fuel cladding reaches a temperature of 900 [deg]C, which is the
temperature associated with rapid cladding oxidation and the potential
for a significant radiological release. This analysis conservatively
does not include the period of time from the initiating event causing a
loss of SFP water inventory until all cooling means are lost.
The NRC staff has verified Exelon's analyses and its calculations.
The analyses provide reasonable assurance that in reissuing the
requested exemptions to Exelon, there is no design-basis accident that
will result in an offsite radiological release exceeding the EPA early
phase PAGs at the exclusion area boundary. In the highly unlikely event
of a beyond-design-basis accident affecting the SFP that results in a
complete loss of heat removal via all modes of heat transfer, there
will be over 10 hours available before an offsite release might occur
and, therefore, at least 10 hours to initiate appropriate mitigating
actions to restore a means of heat removal to the spent fuel. If a
radiological release were projected to occur under this highly unlikely
scenario, a minimum of 10 hours is considered sufficient time for
offsite authorities to implement protective actions using a CEMP, or
``all-hazards,'' approach to protect the health and safety of the
public.
Exemptions from the offsite EP requirements in 10 CFR part 50 have
previously been approved by the NRC when the site-specific analyses
show that at least 10 hours is available following a loss of SFP
coolant inventory accident with no air cooling (or other methods of
removing decay heat) until cladding of the hottest fuel assembly
reaches the rapid oxidation temperature. The NRC staff concluded in its
previously granted exemptions, as it does with Exelon's requested EP
exemptions, that if a minimum of 10 hours is available to initiate
mitigative actions consistent with plant conditions or, if needed, for
offsite authorities to implement protective actions using a CEMP
approach, then formal offsite radiological emergency preparedness
plans, required under 10 CFR part 50, are not necessary at permanently
shutdown and defueled facilities.
Additionally, Oyster Creek committed to maintaining SFP makeup
strategies in its letters to the NRC dated March 8 and 19, 2018 (ADAMS
Accession Nos. ML18067A087 and ML18078A146, respectively). The multiple
strategies for providing makeup to the SFP include: Using existing
plant systems for inventory makeup; an internal strategy that relies on
the fire protection system with redundant pumps (one diesel-driven and
one electric motor-driven); and onsite diesel fire truck that can take
suction from the Barnegat Bay. These strategies will continue to be
required as condition 2.C.(8), ``Mitigation Strategy License
Condition,'' of renewed facility operating license DPR-16 for Oyster
Creek. Considering the very low probability of beyond-design-basis
accidents affecting the SFP, these diverse strategies provide multiple
methods to obtain additional makeup or spray to the SFP before the
onset of any postulated offsite radiological release.
For all of the reasons stated above, the NRC staff finds that the
licensee's requested exemptions, including the modified effective date,
meet the underlying purpose of all of the standards in 10 CFR 50.47(b),
and requirements in 10 CFR 50.47(c)(2) and 10 CFR part 50, Appendix E,
and satisfy the special circumstances provision in 10 CFR
50.12(a)(2)(ii) in view of the greatly reduced risk of offsite
radiological consequences associated with the permanently shutdown and
defueled state of the Oyster Creek facility 285 days after permanent
cessation of power operations.
The NRC staff has concluded that the exemptions being granted by
this action will maintain an acceptable level of emergency preparedness
at Oyster Creek and, if needed, that there is reasonable assurance that
adequate offsite protective measures can and will be taken by State and
local government agencies using a CEMP, or ``all-hazards,'' approach in
the unlikely event of a radiological emergency at Oyster Creek. Because
the underlying purposes of the rules, as exempted, would continue to be
achieved, even with the elimination of the requirements under 10 CFR
part 50 to maintain formal offsite radiological emergency preparedness
plans and the reduction in the scope of the onsite emergency planning
activities at Oyster Creek, the special circumstances required by 10
CFR 50.12(a)(2)(ii) exist.
E. Environmental Considerations
In accordance with 10 CFR 51.31(a), the Commission has determined
that the reissuing the EP exemptions with a revised effective date will
not have a significant effect on the quality of the human environment.
The NRC staff previously analyzed the October 16, 2018, EP exemptions
in a Finding of No Significant Impact and associated Environmental
Assessment published in the Federal Register on August 13, 2018 (83 FR
40092). That evaluation remains valid as to all aspects of the EP
exemptions other than the revised effective date. The NRC staff
analyzed the environmental impacts of the revised effective date in a
separate Finding of No Significant Impact and associated Environmental
Assessment published in the Federal Register on May 1, 2019 (84 FR
18586).
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, reissuing the specific EP exemptions originally granted on
October 16, 2018, with the revised effective date of 285 days after
permanent cessation of operations will not present an undue risk to the
public health and safety and is consistent with the common defense and
security. Also, special circumstances are present. Therefore, the
Commission hereby reissues Exelon's exemption from certain EP
requirements in 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and 10 CFR part
50, Appendix E, as discussed and evaluated in detail in the NRC staff's
safety evaluation associated with these exemptions. Oyster Creek
permanently ceased power operations on September 17, 2018. Therefore,
the revised effective date of the reissued exemptions is June 29, 2019.
Dated at Rockville, Maryland, this 11th day of June, 2019.
For the Nuclear Regulatory Commission.
/RA/
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste
Processing.
[FR Doc. 2019-12803 Filed 6-17-19; 8:45 am]
BILLING CODE 7590-01-P