Exelon Generation Company, LLC; Oyster Creek Nuclear Generating Station, 28591-28595 [2019-12997]
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Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 / Notices
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NUCLEAR REGULATORY
COMMISSION
A. Minutes of the Previous Meeting
B. Reports
1. Chairman’s Remarks
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b. Education Programs
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e. Challenge Grants
f. Public Programs
g. Research Programs
Exelon Generation Company, LLC;
Oyster Creek Nuclear Generating
Station
[Docket No. 50–219; NRC–2018–0288]
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[FR Doc. 2019–12937 Filed 6–18–19; 8:45 am]
BILLING CODE 7536–01–P
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Nuclear Regulatory
Commission.
ACTION: Exemption; reissuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is reissuing an
exemption, originally approved on
December 19, 2018, that exempted
Exelon Generation Company, LLC
(Exelon or the licensee) for Oyster Creek
Nuclear Generating Station (Oyster
Creek) to reduce the minimum
insurance coverage limit from $1.06
billion to $50 million. The December 19,
2018, exemption originally had an
effective date of 12 months (365 days)
from the certification of permanent
cessation of power operations. The
reissued exemption has a new effective
date of 9.38 months (285 days) after
from the certification of permanent
cessation of power operations.
DATES: The exemption was reissued on
June 12, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0288 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–2018–0288. 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
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.
• NRC’s PDR: You may examine and
purchase copies of public documents at
SUMMARY:
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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:
The text of
the exemption is attached.
Dated at Rockville, Maryland, on June 14,
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
Onsite Property Damage Insurance
I. Background
Exelon Generation Company, LLC
(Exelon, the licensee), is the holder of
Renewed Facility Operating License No.
DPR–16 for Oyster Creek Nuclear
Generating Station Oyster Creek Nuclear
Generating Station (Oyster Creek). By
letter dated February 14, 2018
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML18045A084), Exelon
submitted to the U.S. Nuclear
Regulatory Commission (NRC) a
certification in accordance with Section
50.82(a)(1)(i) of Title 10 of the Code of
Federal Regulations (10 CFR), indicating
that it plans to cease permanent
operation no later than October 31,
2018. By letter dated September 25,
2018 (ADAMS Accession No.
ML18268A258), Exelon submitted to the
NRC a certification in accordance with
10 CFR 50.82(a)(1)(ii), stating that
Oyster Creek permanently ceased power
operations on September 17, 2018, and
that, as of September 25, 2018, all fuel
had been permanently removed from
the Oyster Creek reactor vessel. The
facility consists of a permanently
shutdown and defueled boiling-water
reactor located in the town of Forked
River, Ocean County, New Jersey.
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II. Request/Action
On December 19, 2018, the NRC
exempted Exelon from 10 CFR
50.54(w)(1) to allow Exelon to reduce
the minimum insurance coverage limit
for Oyster Creek from $1.06 billion to
$50 million (ADAMS Accession Nos.
ML18228A852 [Cover Letter];
ML18228A851 [Exemption]). The
December 19, 2018, exemption
originally had an effective date of 12
months (365 days) from the certification
of permanent cessation of power
operations under 10 CFR 50.82(a)(1).
By letter dated April 4, 2019 (ADAMS
Accession No. ML19094B776), Exelon
requested to change the effective date of
the December 19, 2018, exemption from
12 months (365 days) to 9.38 months
(285 days) from the certification of
permanent cessation of power
operations under 10 CFR 50.82(a)(1).
Exelon certified that Oyster Creek
permanently ceased power operations
on September 17, 2018. Therefore, the
revised effective date of the exemption
would be June 29, 2019.
To provide a complete record of the
NRC staff’s review, the NRC is reissuing
the December 19, 2018, exemption from
10 CFR 50.54(w)(1) with a revised
effective date of 9.38 months (285 days)
from the certification of permanent
cessation of power operations under 10
CFR 50.82(a)(1). This reissued
exemption supersedes the exemption
issued on December 19, 2018.
The reissued exemption from the
requirements of 10 CFR 50.54(w)(1)
permits the licensee to reduce the
required level of onsite property damage
insurance from $1.06 billion to $50
million for Oyster Creek effective at 9.38
months (285 days) after certification of
permanent cessation of operations at
Oyster Creek, commensurate with the
reduced risk of an incident at the
permanently shutdown facility.
The regulation at 10 CFR 50.54(w)(1)
requires each licensee to have and
maintain onsite property damage
insurance to stabilize and
decontaminate the reactor and reactor
site in the event of an accident. The
onsite insurance coverage must be either
$1.06 billion or whatever amount of
insurance is generally available from
private sources (whichever is less).
The licensee states that the risk of an
incident at a permanently shutdown
and defueled reactor is much less than
the risk from an operating power
reactor. In addition, since reactor
operation is no longer authorized at
Oyster Creek, there are no events that
would require the stabilization of
reactor conditions after an accident.
Similarly, the risk of an accident that
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would result in significant onsite
contamination at Oyster Creek is also
much lower than the risk of such an
event at operating reactors. Therefore,
Exelon requested an exemption from 10
CFR 50.54(w)(1) to reduce its onsite
property damage insurance from $1.06
billion to $50 million, commensurate
with the reduced risk of an incident at
the permanently shutdown and
defueled Oyster Creek site.
III. Discussion
Under 10 CFR 50.12, the Commission
may, upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR part 50 when (1) the exemptions
are authorized by law, will not present
an undue risk to public health or safety,
and are consistent with the common
defense and security; and (2) any of the
special circumstances listed in 10 CFR
50.12(a)(2) are present.
The financial protection limits of 10
CFR 50.54(w)(1) were established after
the Three Mile Island accident out of
concern that licensees may be unable to
financially cover onsite cleanup costs in
the event of a major nuclear accident.
The specified $1.06 billion coverage
amount requirement was developed
based on an analysis of an accident at
a nuclear reactor operating at power,
resulting in a large fission product
release and requiring significant
resource expenditures to stabilize the
reactor and ultimately decontaminate
and cleanup the site.
These cost estimates were developed
based on the spectrum of postulated
accidents for an operating nuclear
reactor. Those costs were derived from
the consequences of a release of
radioactive material from the reactor.
Although the risk of an accident at an
operating reactor is very low, the
consequences onsite and offsite can be
significant. In an operating plant, the
high temperature and pressure of the
reactor coolant system (RCS), as well as
the inventory of relatively short-lived
radionuclides, contribute to both the
risk and consequences of an accident.
With the permanent cessation of reactor
operations at Oyster Creek and the
permanent removal of the fuel from the
reactor vessel, such accidents are no
longer possible. As a result, the reactor
vessel, RCS, and supporting systems no
longer operate and have no function
related to the storage of the irradiated
fuel. Therefore, postulated accidents
involving failure or malfunction of the
reactor, RCS, or supporting systems are
no longer be applicable.
During reactor decommissioning, the
largest radiological risks are associated
with the storage of spent fuel onsite. By
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letter dated April 4, 2019, Exelon
discusses both design-basis and beyond
design-basis events involving irradiated
fuel stored in the spent fuel pool (SFP).
The licensee determined that there are
no possible design-basis events at
Oyster Creek that could result in an
offsite radiological release exceeding the
limits established by the U.S.
Environmental Protection Agency’s
(EPA) early-phase Protective Action
Guidelines (PAGs) of 1 rem (roentgen
equivalent man) at the exclusion area
boundary, as a way to demonstrate that
any possible radiological releases would
be minimal and not require
precautionary protective actions (e.g.,
sheltering in place or evacuation). The
NRC staff evaluated the radiological
consequences associated with various
decommissioning activities, and designbasis accidents at Oyster Creek, in
consideration of a permanently
shutdown and defueled condition. The
possible design-basis accident scenarios
at Oyster Creek have greatly reduced
radiological consequences. Based on its
review, the NRC staff concluded that no
reasonably conceivable design-basis
accident exists that could cause an
offsite release greater than the EPA
PAGs.
The only incident that might lead to
a significant radiological release at a
decommissioning reactor is a zirconium
fire. The zirconium fire scenario is a
postulated, but highly unlikely, beyond
design-basis accident scenario that
involves loss of water inventory from
the SFP, resulting in a significant
heatup of the spent fuel, and
culminating in substantial zirconium
cladding oxidation and fuel damage.
The probability of a zirconium fire
scenario is related to the decay heat of
the irradiated fuel stored in the SFP.
Therefore, the risks from a zirconium
fire scenario continue to decrease as a
function of the time since Oyster Creek
has been permanently shut down.
The Commission has previously
authorized a lesser amount of onsite
financial protection, based on this
analysis of the zirconium fire risk. In
SECY–96–256, ‘‘Changes to Financial
Protection Requirements for
Permanently Shutdown Nuclear Power
Reactors, 10 CFR 50.54(w)(1) and 10
CFR 140.11,’’ dated December 17, 1996
(ADAMS Accession No. ML15062A483),
the NRC staff recommended changes to
the power reactor financial protection
regulations that would allow licensees
to lower onsite insurance levels to $50
million upon demonstration that the
fuel stored in the SFP can be air-cooled.
In its Staff Requirements Memorandum
to SECY–96–256, dated January 28,
1997 (ADAMS Accession No.
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ML15062A454), the Commission
supported the NRC staff’s
recommendation that, among other
things, would allow permanently
shutdown power reactor licensees to
reduce commercial onsite property
damage insurance coverage to $50
million when the licensee was able to
demonstrate the technical criterion that
the spent fuel could be air-cooled if the
SFP was drained of water. The NRC staff
has used this technical criterion to grant
similar exemptions to other
decommissioning reactors (e.g., Maine
Yankee Atomic Power Station,
published in the Federal Register on
January 19, 1999 [64 FR 2920]; and Zion
Nuclear Power Station, published in the
Federal Register on December 28, 1999
[64 FR 72700]). These prior exemptions
were based on these licensees
demonstrating that the SFP could be aircooled, consistent with the technical
criterion discussed above.
In SECY–00–0145, ‘‘Integrated
Rulemaking Plan for Nuclear Power
Plant Decommissioning,’’ dated June 28,
2000, and SECY–01–0100, ‘‘Policy
Issues Related to Safeguards, Insurance,
and Emergency Preparedness
Regulations at Decommissioning
Nuclear Power Plants Storing Fuel in
the Spent Fuel Pool,’’ dated June 4, 2001
(ADAMS Accession Nos. ML003721626
and ML011450420, respectively), the
NRC staff discussed additional
information concerning SFP zirconium
fire risks at decommissioning reactors
and associated implications for onsite
property damage insurance. Providing
an analysis of when the spent fuel
stored in the SFP is capable of aircooling is one measure that can be used
to demonstrate that the probability of a
zirconium fire is exceedingly low.
However, the NRC staff has more
recently used an additional analysis that
bounds an incomplete drain down of
the SFP water, or some other
catastrophic event (such as a complete
drainage of the SFP with rearrangement
of spent fuel rack geometry and/or the
addition of rubble to the SFP). The
analysis postulates that decay heat
transfer from the spent fuel via
conduction, convection, or radiation
would be impeded. This analysis is
often referred to as an adiabatic heatup.
The licensee’s analyses referenced in
its exemption request demonstrates that
under conditions where the SFP water
inventory has drained completely and
only air-cooling of the stored irradiated
fuel is available, there is reasonable
assurance that after 9.38 months (285
days) from the permanent shutdown of
the facility on September 17, 2018, the
Oyster Creek spent fuel will remain at
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temperatures far below those associated
with a significant radiological release.
As discussed in the staff response to
a question in SECY–00–0145, ‘‘the staff
believes that full insurance coverage
must be maintained for 5 years or until
a licensee can show by analysis that its
SFP is no longer vulnerable to such [a
zirconium] fire.’’
The licensee’s adiabatic heatup
analyses demonstrate that there would
be at least 10 hours after the loss of all
means of cooling (both air and/or water)
before the spent fuel cladding would
reach a temperature where the potential
for a significant offsite radiological
release could occur. The licensee states
that for this loss of all cooling scenario,
10 hours is sufficient time for personnel
to respond with additional resources,
equipment, and capability to restore
cooling to the SFPs, even after a noncredible, catastrophic event.
In the analysis provided in the
Attachment to its submittal dated
November 6, 2018, as supplemented by
letter dated February 13, 2019, with
Attachment 1, Response to NRC’s
Request for Additional Information and
Attachment 2, Zirconium Fire Analysis
for Drained Spent Fuel Pool, C–1302–
226–E310–457, Revision 2, (ADAMS
Accession Nos. ML18310A306, and
ML19044A643, respectively), the
licensee compared the conditions for
the hottest fuel assembly stored in the
SFP to a criterion proposed in SECY–
99–168, ‘‘Improving Decommissioning
Regulations for Nuclear Power Plants’’
(ADAMS Accession No. ML12265A598),
applicable to offsite emergency response
for the unit in the decommissioning
process. This criterion considers the
time for the hottest assembly to heat up
from 30 degrees Celsius (°C) to 900 °C
adiabatically. If the heatup time is
greater than 10 hours, then offsite
emergency preplanning involving the
plant is not necessary. Based on the
limiting fuel assembly for decay heat
and adiabatic heatup analysis presented
in the licensee’s submittals, at 9.38
months (285 days) after permanent
cessation of power operations (i.e., 9.38
months decay time), the time for the
hottest fuel assembly to reach 900 °C is
10 hours after the assemblies have been
uncovered. As stated in NUREG–1738,
‘‘Technical Study of Spent Fuel Pool
Accident Risk at Decommissioning
Nuclear Power Plants’’ (ADAMS
Accession No. ML010430066), 900 °C is
an acceptable temperature to use for
assessing onset of fission product
release under transient conditions (to
establish the critical decay time for
determining availability of 10 hours for
deployment of mitigation equipment
and, if necessary, for offsite agencies to
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take appropriate action to protect the
health and safety of the public, if fuel
and cladding oxidation occurs in air).
The NRC staff reviewed the calculation
to verify that important physical
properties of materials were within
acceptable ranges and the results were
accurate. The NRC staff determined that
physical properties were appropriate.
Therefore, the NRC staff found that after
9.38 months (285 days) from the
permanent shutdown of the facility on
September 17, 2018, more than 10 hours
would be available before a significant
offsite release could begin. The NRC
staff concluded that the adiabatic
heatup calculation provided an
acceptable method for determining the
minimum time available for deployment
of mitigation equipment and, if
necessary, implementing measures
under a comprehensive general
emergency plan.
The NRC staff performed an
evaluation of the design-basis accidents
for Oyster Creek being permanently
defueled as part of 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 staff also evaluated
the licensee’s updated adiabatic heatup
calculation in its submittal dated
November 6, 2018, as supplemented by
letter dated February 13, 2019 with
Attachment 1, Response to NRC’s
Request for Additional Information and
Attachment 2, Zirconium Fire Analysis
for Drained Spent Fuel Pool, C–1302–
226–E310–457, Revision 2, (ADAMS
Accession Nos. ML18310A306, and
ML19044A643, respectively).
Based on the NRC staff’s evaluation of
the licensee’s adiabatic heatup
calculation as well as the evaluation in
SECY–18–0062 and SECY–96–256, the
NRC staff determined $50 million to be
an adequate level of onsite property
damage insurance for a
decommissioning reactor, once the
spent fuel in the SFP is no longer
susceptible to a zirconium fire. The NRC
staff has postulated that there is still a
potential for other radiological incidents
at a decommissioning reactor that could
result in significant onsite
contamination besides a zirconium fire.
In SECY–96–256, the NRC staff cited the
rupture of a large contaminated liquid
storage tank (∼450,000 gallon), causing
soil contamination and potential
groundwater contamination, as the most
costly postulated event to
decontaminate and remediate (other
than a SFP zirconium fire). The
postulated large liquid radiological
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waste storage tank rupture event was
determined to have a bounding onsite
cleanup cost of approximately $50
million. Therefore, the NRC staff
determined that the licensee’s proposal
to reduce onsite insurance to a level of
$50 million would be consistent with
the bounding cleanup and
decontamination cost, as discussed in
SECY–96–256, to account for the
postulated rupture of a large liquid
radiological waste tank at the Oyster
Creek site, should such an event occur.
The NRC staff has determined that the
licensee’s proposed reduction in onsite
property damage insurance coverage to
a level of $50 million is consistent with
SECY–96–256 and subsequent
insurance considerations, resulting from
additional zirconium fire risks, as
discussed in SECY–00–0145 and SECY–
01–0100. In addition, the NRC staff
notes that similar exemptions have been
granted to other permanently shutdown
and defueled power reactors, upon
demonstration that the criterion of the
zirconium fire risks from the irradiated
fuel stored in the SFP is of negligible
concern. As previously stated, the NRC
staff concluded that 9.38 months (285
days) after the permanent shutdown of
the facility on September 17, 2018,
sufficient irradiated fuel decay time has
elapsed at Oyster Creek to decrease the
probability of an onsite radiological
release from a postulated zirconium fire
accident to negligible levels. In
addition, the licensee’s proposal to
reduce onsite insurance to a level of $50
million is consistent with the maximum
estimated cleanup costs for the recovery
from the rupture of a large liquid
radwaste storage tank.
The NRC staff also notes that in
accordance with the Oyster Creek Post
Shutdown Decommissioning Activities
Report (PSDAR) dated May 21, 2018
(ADAMS Accession No. ML18141A775),
all spent fuel will be removed from the
SFPs and moved into dry storage at an
onsite independent spent fuel storage
installation (ISFSI) by the end of March
2024, and the probability of an initiating
event that would threaten pool integrity
occurring before that time is extremely
low, which further supports the
conclusion that the zirconium fire risk
is negligible.
A. The Exemption Is Authorized by Law
The reissued exemption from 10 CFR
50.54(w)(1) allows Exelon to reduce the
minimum coverage limit for onsite
property damage insurance no earlier
than 9.38 months (285 days) after the
permanent cessation of power
operations. As stated above, 10 CFR
50.12 allows the NRC to grant
exemptions from the requirements of 10
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CFR part 50 when the exemptions are
authorized by law.
As explained above, the NRC staff has
determined that the licensee’s proposed
reduction in onsite property damage
insurance coverage to a level of $50
million is consistent with SECY–96–
256. Moreover, the NRC staff concluded
that 9.38 months (285 days) after the
permanent shutdown of the facility,
sufficient irradiated fuel decay time will
have elapsed at Oyster Creek to decrease
the probability of an onsite and offsite
radiological release from a postulated
zirconium fire accident to negligible
levels. In addition, the licensee’s
proposal to reduce onsite insurance to a
level of $50 million is consistent with
the maximum estimated cleanup costs
for the recovery from the rupture of a
large liquid radiological waste storage
tank.
The NRC staff has determined that
reissuing the licensee’s proposed
exemption will not result in a violation
of the Atomic Energy Act of 1954, as
amended, or the Commission’s
regulations. Therefore, based on its
review of Exelon’s exemption request as
discussed above, and consistent with
SECY–96–256, the NRC staff concludes
that the exemption is authorized by law.
B. The Exemption Presents No Undue
Risk to the Public Health and Safety
The onsite property damage insurance
requirements of 10 CFR 50.54(w)(1)
were established to provide financial
assurance that following a significant
nuclear incident, onsite conditions
could be stabilized and the site
decontaminated. The requirements of 10
CFR 50.54(w)(1) and the existing level
of onsite insurance coverage for Oyster
Creek are predicated on the assumption
that the reactor is operating. However,
Oyster Creek permanently shutdown on
September 17, 2018, and defueled on
September 25, 2018. The permanently
defueled status of the facility results in
a significant reduction in the number
and severity of potential accidents, and
correspondingly, a significant reduction
in the potential for and severity of
onsite property damage. The proposed
reduction in the amount of onsite
insurance coverage does not impact the
probability or consequences of potential
accidents. The proposed level of
insurance coverage is commensurate
with the reduced consequences of
potential nuclear accidents at Oyster
Creek. Therefore, the NRC staff
concludes that granting the requested
exemption will not present an undue
risk to the health and safety of the
public.
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C. The Exemption Is Consistent With the
Common Defense and Security
The reissued exemption would not
eliminate any requirements associated
with physical protection of the site and
would not adversely affect Exelon’s
ability to physically secure the site or
protect special nuclear material.
Physical security measures at Oyster
Creek are not affected by the requested
exemption. Therefore, the reissued
exemption is consistent with the
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 regulation.
The underlying purpose of 10 CFR
50.54(w)(1) is to provide reasonable
assurance that adequate funds will be
available to stabilize reactor conditions
and cover onsite cleanup costs
associated with site decontamination,
following an accident that results in the
release of a significant amount of
radiological material. Oyster Creek
permanently shut down on September
17, 2018, and permanently defueled on
September 25, 2018, it is no longer
possible for the radiological
consequences of design-basis accidents
or other credible events at Oyster Creek
to exceed the limits of the EPA PAGs at
the exclusion area boundary. The
licensee has evaluated the consequences
of highly unlikely, beyond-design-basis
conditions involving a loss of coolant
from the SFP. The analyses show that
after 9.38 months (285 days) from
permanent cessation of power
operations on September 17, 2018, the
likelihood of such an event leading to a
large radiological release is negligible.
The NRC staff’s evaluation of the
licensee’s analyses confirms this
conclusion.
The NRC staff also finds that the
licensee’s proposed $50 million level of
onsite insurance is consistent with the
bounding cleanup and decontamination
cost, as discussed in SECY–96–256, to
account for the hypothetical rupture of
a large liquid radiological waste tank at
the Oyster Creek site, should such an
event occur. Therefore, the NRC staff
concludes that the application of the
current requirements in 10 CFR
50.54(w)(1) to maintain $1.06 billion in
onsite insurance coverage is not
necessary to achieve the underlying
purpose of the rule for the permanently
shutdown and defueled Oyster Creek
reactor.
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Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
Under 10 CFR 50.12(a)(2)(iii), special
circumstances are present whenever
compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
The NRC staff concludes that if the
licensee was required to continue to
maintain an onsite insurance level of
$1.06 billion, the associated insurance
premiums would be in excess of those
necessary and commensurate with the
radiological contamination risks posed
by the site. In addition, such insurance
levels would be significantly in excess
of other decommissioning reactor
facilities that have been granted similar
exemptions by the NRC.
The NRC staff finds that compliance
with the existing rule would result in an
undue hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted and are significantly in excess
of those incurred by others similarly
situated.
Therefore, the special circumstances
required by 10 CFR 50.12(a)(2)(ii) and
10 CFR 50.12(a)(2)(iii) exist.
E. Environmental Considerations
The NRC approval of the exemption
to insurance or indemnity requirements
belongs to a category of actions that the
Commission, by rule or regulation, has
declared to be a categorical exclusion,
after first finding that the category of
actions does not individually or
cumulatively have a significant effect on
the human environment. Specifically,
the exemption is categorically excluded
from further analysis under
§ 51.22(c)(25).
Under 10 CFR 51.22(c)(25), granting
of an exemption from the requirements
of any regulation of Chapter I to 10 CFR
is a categorical exclusion provided that
(i) there is no significant hazards
consideration; (ii) there is no significant
change in the types or significant
increase in the amounts of any effluents
that may be released offsite; (iii) there is
no significant increase in individual or
cumulative public or occupational
radiation exposure; (iv) there is no
significant construction impact; (v)
there is no significant increase in the
potential for or consequences from
radiological accidents; and (vi) the
requirements from which an exemption
is sought involve: Surety, insurance, or
indemnity requirements.
As the Director, Division of
Decommissioning, Uranium Recovery,
and Waste Programs, Office of Nuclear
Material Safety and Safeguards, I have
VerDate Sep<11>2014
19:06 Jun 18, 2019
Jkt 247001
determined that reissuing the exemption
involves no significant hazards
consideration because reducing the
licensee’s onsite property damage
insurance for Oyster Creek does not (1)
Involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The exempted
financial protection regulation is
unrelated to the operation of Oyster
Creek. Accordingly, there is no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite; and no significant increase in
individual or cumulative public or
occupational radiation exposure.
In addition, the exempted regulation
is not associated with construction, so
there is no significant construction
impact. The exempted regulation does
not concern the source term (i.e.,
potential amount of radiation in an
accident), nor mitigation. Therefore,
there is no significant increase in the
potential for, or consequences of, a
radiological accident. In addition, there
would be no significant impacts to
biota, water resources, historic
properties, cultural resources, or
socioeconomic conditions in the region.
Moreover, the requirement for onsite
property damage insurance involves
surety, insurance, and indemnity
matters. Accordingly, the exemption
request meets the eligibility criteria for
categorical exclusion set forth in 10 CFR
51.22(c)(25). Therefore, pursuant to 10
CFR 51.22(b) and 51.22(c)(25), no
environmental impact statement or
environmental assessment need be
prepared in connection with the reissue
of this exemption.
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), reissuing the exemption
originally granted on December 19,
2018, is authorized by law, will not
present an undue risk to the public
health and safety, and is consistent with
the common defense and security. Also,
special circumstances are present as set
forth in 10 CFR 50.12.
Therefore, the Commission hereby
reissues Exelon an exemption from the
requirements of 10 CFR 50.54(w)(1) for
Oyster Creek. Exelon certified that it
permanently ceased power operations at
Oyster Creek on September 17, 2018.
The reissued exemption will permit
Oyster Creek to lower the minimum
required onsite insurance to $50 million
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
28595
no earlier than 9.38 months (285 days)
after the permanent cessation of power
operations.
The exemption is effective on June 29,
2019 (9.38 months (285 days) after
Oyster Creek permanently ceased power
operations on September 17, 2019).
Dated at Rockville, Maryland, this 12 day
of June 2019.
For the Nuclear Regulatory Commission.
/RA/
John R. Tappert,
Director, Division of Decommissioning,
Uranium Recovery and Waste Programs,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2019–12997 Filed 6–18–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–219; NRC–2018–0288]
Exelon Generation Company, LLC;
Oyster Creek Nuclear Generating
Station
Nuclear Regulatory
Commission.
ACTION: Exemption; reissuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is reissuing an
exemption, originally approved on
December 19, 2018, that allowed Exelon
to reduce the required level of primary
off-site liability insurance for Oyster
Creek Nuclear Generating Station
(Oyster Creek) from $450 million to
$100 million and eliminate the
requirement to carry secondary financial
protection. The December 19, 2018,
exemption originally had an effective
date of 12 months (365 days) from the
certification of permanent cessation of
power operations. The reissued
exemption has a new effective date of
9.38 months (285 days) after the
docketing of the certification of
permanent cessation of power
operations at Oyster Creek.
DATES: The exemption was issued on
June 12, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0288 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–2018–0288. Address
questions about NRC docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
SUMMARY:
E:\FR\FM\19JNN1.SGM
19JNN1
Agencies
[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28591-28595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12997]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2018-0288]
Exelon Generation Company, LLC; Oyster Creek Nuclear Generating
Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; reissuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is reissuing an
exemption, originally approved on December 19, 2018, that exempted
Exelon Generation Company, LLC (Exelon or the licensee) for Oyster
Creek Nuclear Generating Station (Oyster Creek) to reduce the minimum
insurance coverage limit from $1.06 billion to $50 million. The
December 19, 2018, exemption originally had an effective date of 12
months (365 days) from the certification of permanent cessation of
power operations. The reissued exemption has a new effective date of
9.38 months (285 days) after from the certification of permanent
cessation of power operations.
DATES: The exemption was reissued on June 12, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0288 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-2018-0288. 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 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.
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: The text of the exemption is attached.
Dated at Rockville, Maryland, on June 14, 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
Onsite Property Damage Insurance
I. Background
Exelon Generation Company, LLC (Exelon, the licensee), is the
holder of Renewed Facility Operating License No. DPR-16 for Oyster
Creek Nuclear Generating Station Oyster Creek Nuclear Generating
Station (Oyster Creek). By letter dated February 14, 2018 (Agencywide
Documents Access and Management System (ADAMS) Accession No.
ML18045A084), Exelon submitted to the U.S. Nuclear Regulatory
Commission (NRC) a certification in accordance with Section
50.82(a)(1)(i) of Title 10 of the Code of Federal Regulations (10 CFR),
indicating that it plans to cease permanent operation no later than
October 31, 2018. By letter dated September 25, 2018 (ADAMS Accession
No. ML18268A258), Exelon submitted to the NRC a certification in
accordance with 10 CFR 50.82(a)(1)(ii), stating that Oyster Creek
permanently ceased power operations on September 17, 2018, and that, as
of September 25, 2018, all fuel had been permanently removed from the
Oyster Creek reactor vessel. The facility consists of a permanently
shutdown and defueled boiling-water reactor located in the town of
Forked River, Ocean County, New Jersey.
[[Page 28592]]
II. Request/Action
On December 19, 2018, the NRC exempted Exelon from 10 CFR
50.54(w)(1) to allow Exelon to reduce the minimum insurance coverage
limit for Oyster Creek from $1.06 billion to $50 million (ADAMS
Accession Nos. ML18228A852 [Cover Letter]; ML18228A851 [Exemption]).
The December 19, 2018, exemption originally had an effective date of 12
months (365 days) from the certification of permanent cessation of
power operations under 10 CFR 50.82(a)(1).
By letter dated April 4, 2019 (ADAMS Accession No. ML19094B776),
Exelon requested to change the effective date of the December 19, 2018,
exemption from 12 months (365 days) to 9.38 months (285 days) from the
certification of permanent cessation of power operations under 10 CFR
50.82(a)(1). Exelon certified that Oyster Creek permanently ceased
power operations on September 17, 2018. Therefore, the revised
effective date of the exemption would be June 29, 2019.
To provide a complete record of the NRC staff's review, the NRC is
reissuing the December 19, 2018, exemption from 10 CFR 50.54(w)(1) with
a revised effective date of 9.38 months (285 days) from the
certification of permanent cessation of power operations under 10 CFR
50.82(a)(1). This reissued exemption supersedes the exemption issued on
December 19, 2018.
The reissued exemption from the requirements of 10 CFR 50.54(w)(1)
permits the licensee to reduce the required level of onsite property
damage insurance from $1.06 billion to $50 million for Oyster Creek
effective at 9.38 months (285 days) after certification of permanent
cessation of operations at Oyster Creek, commensurate with the reduced
risk of an incident at the permanently shutdown facility.
The regulation at 10 CFR 50.54(w)(1) requires each licensee to have
and maintain onsite property damage insurance to stabilize and
decontaminate the reactor and reactor site in the event of an accident.
The onsite insurance coverage must be either $1.06 billion or whatever
amount of insurance is generally available from private sources
(whichever is less).
The licensee states that the risk of an incident at a permanently
shutdown and defueled reactor is much less than the risk from an
operating power reactor. In addition, since reactor operation is no
longer authorized at Oyster Creek, there are no events that would
require the stabilization of reactor conditions after an accident.
Similarly, the risk of an accident that would result in significant
onsite contamination at Oyster Creek is also much lower than the risk
of such an event at operating reactors. Therefore, Exelon requested an
exemption from 10 CFR 50.54(w)(1) to reduce its onsite property damage
insurance from $1.06 billion to $50 million, commensurate with the
reduced risk of an incident at the permanently shutdown and defueled
Oyster Creek site.
III. Discussion
Under 10 CFR 50.12, the Commission may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR part 50 when (1) the exemptions are authorized
by law, will not present an undue risk to public health or safety, and
are consistent with the common defense and security; and (2) any of the
special circumstances listed in 10 CFR 50.12(a)(2) are present.
The financial protection limits of 10 CFR 50.54(w)(1) were
established after the Three Mile Island accident out of concern that
licensees may be unable to financially cover onsite cleanup costs in
the event of a major nuclear accident. The specified $1.06 billion
coverage amount requirement was developed based on an analysis of an
accident at a nuclear reactor operating at power, resulting in a large
fission product release and requiring significant resource expenditures
to stabilize the reactor and ultimately decontaminate and cleanup the
site.
These cost estimates were developed based on the spectrum of
postulated accidents for an operating nuclear reactor. Those costs were
derived from the consequences of a release of radioactive material from
the reactor. Although the risk of an accident at an operating reactor
is very low, the consequences onsite and offsite can be significant. In
an operating plant, the high temperature and pressure of the reactor
coolant system (RCS), as well as the inventory of relatively short-
lived radionuclides, contribute to both the risk and consequences of an
accident. With the permanent cessation of reactor operations at Oyster
Creek and the permanent removal of the fuel from the reactor vessel,
such accidents are no longer possible. As a result, the reactor vessel,
RCS, and supporting systems no longer operate and have no function
related to the storage of the irradiated fuel. Therefore, postulated
accidents involving failure or malfunction of the reactor, RCS, or
supporting systems are no longer be applicable.
During reactor decommissioning, the largest radiological risks are
associated with the storage of spent fuel onsite. By letter dated April
4, 2019, Exelon discusses both design-basis and beyond design-basis
events involving irradiated fuel stored in the spent fuel pool (SFP).
The licensee determined that there are no possible design-basis events
at Oyster Creek that could result in an offsite radiological release
exceeding the limits established by the U.S. Environmental Protection
Agency's (EPA) early-phase Protective Action Guidelines (PAGs) of 1 rem
(roentgen equivalent man) at the exclusion area boundary, as a way to
demonstrate that any possible radiological releases would be minimal
and not require precautionary protective actions (e.g., sheltering in
place or evacuation). The NRC staff evaluated the radiological
consequences associated with various decommissioning activities, and
design-basis accidents at Oyster Creek, in consideration of a
permanently shutdown and defueled condition. The possible design-basis
accident scenarios at Oyster Creek have greatly reduced radiological
consequences. Based on its review, the NRC staff concluded that no
reasonably conceivable design-basis accident exists that could cause an
offsite release greater than the EPA PAGs.
The only incident that might lead to a significant radiological
release at a decommissioning reactor is a zirconium fire. The zirconium
fire scenario is a postulated, but highly unlikely, beyond design-basis
accident scenario that involves loss of water inventory from the SFP,
resulting in a significant heatup of the spent fuel, and culminating in
substantial zirconium cladding oxidation and fuel damage. The
probability of a zirconium fire scenario is related to the decay heat
of the irradiated fuel stored in the SFP. Therefore, the risks from a
zirconium fire scenario continue to decrease as a function of the time
since Oyster Creek has been permanently shut down.
The Commission has previously authorized a lesser amount of onsite
financial protection, based on this analysis of the zirconium fire
risk. In SECY-96-256, ``Changes to Financial Protection Requirements
for Permanently Shutdown Nuclear Power Reactors, 10 CFR 50.54(w)(1) and
10 CFR 140.11,'' dated December 17, 1996 (ADAMS Accession No.
ML15062A483), the NRC staff recommended changes to the power reactor
financial protection regulations that would allow licensees to lower
onsite insurance levels to $50 million upon demonstration that the fuel
stored in the SFP can be air-cooled. In its Staff Requirements
Memorandum to SECY-96-256, dated January 28, 1997 (ADAMS Accession No.
[[Page 28593]]
ML15062A454), the Commission supported the NRC staff's recommendation
that, among other things, would allow permanently shutdown power
reactor licensees to reduce commercial onsite property damage insurance
coverage to $50 million when the licensee was able to demonstrate the
technical criterion that the spent fuel could be air-cooled if the SFP
was drained of water. The NRC staff has used this technical criterion
to grant similar exemptions to other decommissioning reactors (e.g.,
Maine Yankee Atomic Power Station, published in the Federal Register on
January 19, 1999 [64 FR 2920]; and Zion Nuclear Power Station,
published in the Federal Register on December 28, 1999 [64 FR 72700]).
These prior exemptions were based on these licensees demonstrating that
the SFP could be air-cooled, consistent with the technical criterion
discussed above.
In SECY-00-0145, ``Integrated Rulemaking Plan for Nuclear Power
Plant Decommissioning,'' dated June 28, 2000, and SECY-01-0100,
``Policy Issues Related to Safeguards, Insurance, and Emergency
Preparedness Regulations at Decommissioning Nuclear Power Plants
Storing Fuel in the Spent Fuel Pool,'' dated June 4, 2001 (ADAMS
Accession Nos. ML003721626 and ML011450420, respectively), the NRC
staff discussed additional information concerning SFP zirconium fire
risks at decommissioning reactors and associated implications for
onsite property damage insurance. Providing an analysis of when the
spent fuel stored in the SFP is capable of air-cooling is one measure
that can be used to demonstrate that the probability of a zirconium
fire is exceedingly low. However, the NRC staff has more recently used
an additional analysis that bounds an incomplete drain down of the SFP
water, or some other catastrophic event (such as a complete drainage of
the SFP with rearrangement of spent fuel rack geometry and/or the
addition of rubble to the SFP). The analysis postulates that decay heat
transfer from the spent fuel via conduction, convection, or radiation
would be impeded. This analysis is often referred to as an adiabatic
heatup.
The licensee's analyses referenced in its exemption request
demonstrates that under conditions where the SFP water inventory has
drained completely and only air-cooling of the stored irradiated fuel
is available, there is reasonable assurance that after 9.38 months (285
days) from the permanent shutdown of the facility on September 17,
2018, the Oyster Creek spent fuel will remain at temperatures far below
those associated with a significant radiological release.
As discussed in the staff response to a question in SECY-00-0145,
``the staff believes that full insurance coverage must be maintained
for 5 years or until a licensee can show by analysis that its SFP is no
longer vulnerable to such [a zirconium] fire.''
The licensee's adiabatic heatup analyses demonstrate that there
would be at least 10 hours after the loss of all means of cooling (both
air and/or water) before the spent fuel cladding would reach a
temperature where the potential for a significant offsite radiological
release could occur. The licensee states that for this loss of all
cooling scenario, 10 hours is sufficient time for personnel to respond
with additional resources, equipment, and capability to restore cooling
to the SFPs, even after a non-credible, catastrophic event.
In the analysis provided in the Attachment to its submittal dated
November 6, 2018, as supplemented by letter dated February 13, 2019,
with Attachment 1, Response to NRC's Request for Additional Information
and Attachment 2, Zirconium Fire Analysis for Drained Spent Fuel Pool,
C-1302-226-E310-457, Revision 2, (ADAMS Accession Nos. ML18310A306, and
ML19044A643, respectively), the licensee compared the conditions for
the hottest fuel assembly stored in the SFP to a criterion proposed in
SECY-99-168, ``Improving Decommissioning Regulations for Nuclear Power
Plants'' (ADAMS Accession No. ML12265A598), applicable to offsite
emergency response for the unit in the decommissioning process. This
criterion considers the time for the hottest assembly to heat up from
30 degrees Celsius ([deg]C) to 900 [deg]C adiabatically. If the heatup
time is greater than 10 hours, then offsite emergency preplanning
involving the plant is not necessary. Based on the limiting fuel
assembly for decay heat and adiabatic heatup analysis presented in the
licensee's submittals, at 9.38 months (285 days) after permanent
cessation of power operations (i.e., 9.38 months decay time), the time
for the hottest fuel assembly to reach 900 [deg]C is 10 hours after the
assemblies have been uncovered. As stated in NUREG-1738, ``Technical
Study of Spent Fuel Pool Accident Risk at Decommissioning Nuclear Power
Plants'' (ADAMS Accession No. ML010430066), 900 [deg]C is an acceptable
temperature to use for assessing onset of fission product release under
transient conditions (to establish the critical decay time for
determining availability of 10 hours for deployment of mitigation
equipment and, if necessary, for offsite agencies to take appropriate
action to protect the health and safety of the public, if fuel and
cladding oxidation occurs in air). The NRC staff reviewed the
calculation to verify that important physical properties of materials
were within acceptable ranges and the results were accurate. The NRC
staff determined that physical properties were appropriate. Therefore,
the NRC staff found that after 9.38 months (285 days) from the
permanent shutdown of the facility on September 17, 2018, more than 10
hours would be available before a significant offsite release could
begin. The NRC staff concluded that the adiabatic heatup calculation
provided an acceptable method for determining the minimum time
available for deployment of mitigation equipment and, if necessary,
implementing measures under a comprehensive general emergency plan.
The NRC staff performed an evaluation of the design-basis accidents
for Oyster Creek being permanently defueled as part of 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 staff also evaluated the licensee's updated adiabatic
heatup calculation in its submittal dated November 6, 2018, as
supplemented by letter dated February 13, 2019 with Attachment 1,
Response to NRC's Request for Additional Information and Attachment 2,
Zirconium Fire Analysis for Drained Spent Fuel Pool, C-1302-226-E310-
457, Revision 2, (ADAMS Accession Nos. ML18310A306, and ML19044A643,
respectively).
Based on the NRC staff's evaluation of the licensee's adiabatic
heatup calculation as well as the evaluation in SECY-18-0062 and SECY-
96-256, the NRC staff determined $50 million to be an adequate level of
onsite property damage insurance for a decommissioning reactor, once
the spent fuel in the SFP is no longer susceptible to a zirconium fire.
The NRC staff has postulated that there is still a potential for other
radiological incidents at a decommissioning reactor that could result
in significant onsite contamination besides a zirconium fire. In SECY-
96-256, the NRC staff cited the rupture of a large contaminated liquid
storage tank (~450,000 gallon), causing soil contamination and
potential groundwater contamination, as the most costly postulated
event to decontaminate and remediate (other than a SFP zirconium fire).
The postulated large liquid radiological
[[Page 28594]]
waste storage tank rupture event was determined to have a bounding
onsite cleanup cost of approximately $50 million. Therefore, the NRC
staff determined that the licensee's proposal to reduce onsite
insurance to a level of $50 million would be consistent with the
bounding cleanup and decontamination cost, as discussed in SECY-96-256,
to account for the postulated rupture of a large liquid radiological
waste tank at the Oyster Creek site, should such an event occur.
The NRC staff has determined that the licensee's proposed reduction
in onsite property damage insurance coverage to a level of $50 million
is consistent with SECY-96-256 and subsequent insurance considerations,
resulting from additional zirconium fire risks, as discussed in SECY-
00-0145 and SECY-01-0100. In addition, the NRC staff notes that similar
exemptions have been granted to other permanently shutdown and defueled
power reactors, upon demonstration that the criterion of the zirconium
fire risks from the irradiated fuel stored in the SFP is of negligible
concern. As previously stated, the NRC staff concluded that 9.38 months
(285 days) after the permanent shutdown of the facility on September
17, 2018, sufficient irradiated fuel decay time has elapsed at Oyster
Creek to decrease the probability of an onsite radiological release
from a postulated zirconium fire accident to negligible levels. In
addition, the licensee's proposal to reduce onsite insurance to a level
of $50 million is consistent with the maximum estimated cleanup costs
for the recovery from the rupture of a large liquid radwaste storage
tank.
The NRC staff also notes that in accordance with the Oyster Creek
Post Shutdown Decommissioning Activities Report (PSDAR) dated May 21,
2018 (ADAMS Accession No. ML18141A775), all spent fuel will be removed
from the SFPs and moved into dry storage at an onsite independent spent
fuel storage installation (ISFSI) by the end of March 2024, and the
probability of an initiating event that would threaten pool integrity
occurring before that time is extremely low, which further supports the
conclusion that the zirconium fire risk is negligible.
A. The Exemption Is Authorized by Law
The reissued exemption from 10 CFR 50.54(w)(1) allows Exelon to
reduce the minimum coverage limit for onsite property damage insurance
no earlier than 9.38 months (285 days) after the permanent cessation of
power operations. As stated above, 10 CFR 50.12 allows the NRC to grant
exemptions from the requirements of 10 CFR part 50 when the exemptions
are authorized by law.
As explained above, the NRC staff has determined that the
licensee's proposed reduction in onsite property damage insurance
coverage to a level of $50 million is consistent with SECY-96-256.
Moreover, the NRC staff concluded that 9.38 months (285 days) after the
permanent shutdown of the facility, sufficient irradiated fuel decay
time will have elapsed at Oyster Creek to decrease the probability of
an onsite and offsite radiological release from a postulated zirconium
fire accident to negligible levels. In addition, the licensee's
proposal to reduce onsite insurance to a level of $50 million is
consistent with the maximum estimated cleanup costs for the recovery
from the rupture of a large liquid radiological waste storage tank.
The NRC staff has determined that reissuing the licensee's proposed
exemption will not result in a violation of the Atomic Energy Act of
1954, as amended, or the Commission's regulations. Therefore, based on
its review of Exelon's exemption request as discussed above, and
consistent with SECY-96-256, the NRC staff concludes that the exemption
is authorized by law.
B. The Exemption Presents No Undue Risk to the Public Health and Safety
The onsite property damage insurance requirements of 10 CFR
50.54(w)(1) were established to provide financial assurance that
following a significant nuclear incident, onsite conditions could be
stabilized and the site decontaminated. The requirements of 10 CFR
50.54(w)(1) and the existing level of onsite insurance coverage for
Oyster Creek are predicated on the assumption that the reactor is
operating. However, Oyster Creek permanently shutdown on September 17,
2018, and defueled on September 25, 2018. The permanently defueled
status of the facility results in a significant reduction in the number
and severity of potential accidents, and correspondingly, a significant
reduction in the potential for and severity of onsite property damage.
The proposed reduction in the amount of onsite insurance coverage does
not impact the probability or consequences of potential accidents. The
proposed level of insurance coverage is commensurate with the reduced
consequences of potential nuclear accidents at Oyster Creek. Therefore,
the NRC staff concludes that granting the requested exemption will not
present an undue risk to the health and safety of the public.
C. The Exemption Is Consistent With the Common Defense and Security
The reissued exemption would not eliminate any requirements
associated with physical protection of the site and would not adversely
affect Exelon's ability to physically secure the site or protect
special nuclear material. Physical security measures at Oyster Creek
are not affected by the requested exemption. Therefore, the reissued
exemption is consistent with the 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
regulation.
The underlying purpose of 10 CFR 50.54(w)(1) is to provide
reasonable assurance that adequate funds will be available to stabilize
reactor conditions and cover onsite cleanup costs associated with site
decontamination, following an accident that results in the release of a
significant amount of radiological material. Oyster Creek permanently
shut down on September 17, 2018, and permanently defueled on September
25, 2018, it is no longer possible for the radiological consequences of
design-basis accidents or other credible events at Oyster Creek to
exceed the limits of the EPA PAGs at the exclusion area boundary. The
licensee has evaluated the consequences of highly unlikely, beyond-
design-basis conditions involving a loss of coolant from the SFP. The
analyses show that after 9.38 months (285 days) from permanent
cessation of power operations on September 17, 2018, the likelihood of
such an event leading to a large radiological release is negligible.
The NRC staff's evaluation of the licensee's analyses confirms this
conclusion.
The NRC staff also finds that the licensee's proposed $50 million
level of onsite insurance is consistent with the bounding cleanup and
decontamination cost, as discussed in SECY-96-256, to account for the
hypothetical rupture of a large liquid radiological waste tank at the
Oyster Creek site, should such an event occur. Therefore, the NRC staff
concludes that the application of the current requirements in 10 CFR
50.54(w)(1) to maintain $1.06 billion in onsite insurance coverage is
not necessary to achieve the underlying purpose of the rule for the
permanently shutdown and defueled Oyster Creek reactor.
[[Page 28595]]
Under 10 CFR 50.12(a)(2)(iii), special circumstances are present
whenever compliance would result in undue hardship or other costs that
are significantly in excess of those contemplated when the regulation
was adopted, or that are significantly in excess of those incurred by
others similarly situated.
The NRC staff concludes that if the licensee was required to
continue to maintain an onsite insurance level of $1.06 billion, the
associated insurance premiums would be in excess of those necessary and
commensurate with the radiological contamination risks posed by the
site. In addition, such insurance levels would be significantly in
excess of other decommissioning reactor facilities that have been
granted similar exemptions by the NRC.
The NRC staff finds that compliance with the existing rule would
result in an undue hardship or other costs that are significantly in
excess of those contemplated when the regulation was adopted and are
significantly in excess of those incurred by others similarly situated.
Therefore, the special circumstances required by 10 CFR
50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(iii) exist.
E. Environmental Considerations
The NRC approval of the exemption to insurance or indemnity
requirements belongs to a category of actions that the Commission, by
rule or regulation, has declared to be a categorical exclusion, after
first finding that the category of actions does not individually or
cumulatively have a significant effect on the human environment.
Specifically, the exemption is categorically excluded from further
analysis under Sec. 51.22(c)(25).
Under 10 CFR 51.22(c)(25), granting of an exemption from the
requirements of any regulation of Chapter I to 10 CFR is a categorical
exclusion provided that (i) there is no significant hazards
consideration; (ii) there is no significant change in the types or
significant increase in the amounts of any effluents that may be
released offsite; (iii) there is no significant increase in individual
or cumulative public or occupational radiation exposure; (iv) there is
no significant construction impact; (v) there is no significant
increase in the potential for or consequences from radiological
accidents; and (vi) the requirements from which an exemption is sought
involve: Surety, insurance, or indemnity requirements.
As the Director, Division of Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material Safety and Safeguards, I
have determined that reissuing the exemption involves no significant
hazards consideration because reducing the licensee's onsite property
damage insurance for Oyster Creek does not (1) Involve a significant
increase in the probability or consequences of an accident previously
evaluated; or (2) create the possibility of a new or different kind of
accident from any accident previously evaluated; or (3) involve a
significant reduction in a margin of safety. The exempted financial
protection regulation is unrelated to the operation of Oyster Creek.
Accordingly, there is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
and no significant increase in individual or cumulative public or
occupational radiation exposure.
In addition, the exempted regulation is not associated with
construction, so there is no significant construction impact. The
exempted regulation does not concern the source term (i.e., potential
amount of radiation in an accident), nor mitigation. Therefore, there
is no significant increase in the potential for, or consequences of, a
radiological accident. In addition, there would be no significant
impacts to biota, water resources, historic properties, cultural
resources, or socioeconomic conditions in the region. Moreover, the
requirement for onsite property damage insurance involves surety,
insurance, and indemnity matters. Accordingly, the exemption request
meets the eligibility criteria for categorical exclusion set forth in
10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR 51.22(b) and
51.22(c)(25), no environmental impact statement or environmental
assessment need be prepared in connection with the reissue of this
exemption.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), reissuing the exemption originally granted on December 19,
2018, is authorized by law, will not present an undue risk to the
public health and safety, and is consistent with the common defense and
security. Also, special circumstances are present as set forth in 10
CFR 50.12.
Therefore, the Commission hereby reissues Exelon an exemption from
the requirements of 10 CFR 50.54(w)(1) for Oyster Creek. Exelon
certified that it permanently ceased power operations at Oyster Creek
on September 17, 2018. The reissued exemption will permit Oyster Creek
to lower the minimum required onsite insurance to $50 million no
earlier than 9.38 months (285 days) after the permanent cessation of
power operations.
The exemption is effective on June 29, 2019 (9.38 months (285 days)
after Oyster Creek permanently ceased power operations on September 17,
2019).
Dated at Rockville, Maryland, this 12 day of June 2019.
For the Nuclear Regulatory Commission.
/RA/
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-12997 Filed 6-18-19; 8:45 am]
BILLING CODE 7590-01-P