Pacific Gas and Electric Company; Humboldt Bay Independent Spent Fuel Storage Installation, 76516-76518 [2022-27093]
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Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
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[FR Doc. 2022–27035 Filed 12–13–22; 8:45 am]
BILLING CODE 7555–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–27; NRC–2022–0050]
Pacific Gas and Electric Company;
Humboldt Bay Independent Spent Fuel
Storage Installation
Nuclear Regulatory
Commission.
ACTION: License amendment application
and exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing License
Amendment No. 5 to Special Nuclear
Materials (SNM) License No. SNM–2514
for the Humboldt Bay Independent
Spent Fuel Storage Installation (ISFSI),
located in Humboldt County, California,
and is granting an exemption that would
relieve Pacific Gas and Electric
Company (PG&E, the licensee) from the
requirement to submit annual effluent
monitoring reports for the Humboldt
Bay ISFSI. The requested amendment
proposes to delete and make
administrative changes to certain
license conditions, revise certain
technical specifications that are no
longer applicable to the Humboldt Bay
ISFSI, and add a new administrative
technical specification concerning the
processing of administrative changes to
Humboldt Bay ISFSI’s quality assurance
program. The amendment also removes
license condition 18, which requires the
licensee to update its final safety
analysis report within 90 days of the
NRC issuing a renewed license.
DATES: The amendment and exemption
were issued on October 11, 2022.
ADDRESSES: Please refer to Docket ID
NRC–2022–0050 when contacting the
NRC about the availability of
information regarding this action. You
may obtain publicly available
information related to this action using
any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0050. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
SUMMARY:
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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,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
Eastern Time (ET), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Habib, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–1035, email: Donald.Habib@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. License Amendment
By letter dated December 14, 2021
(ADAMS Accession No. ML21348A389),
the NRC received an application from
PG&E, the licensee of the Humboldt Bay
ISFSI, to amend License No. SNM–2514,
which authorizes the receipt,
possession, storage, and transfer of
spent fuel, reactor-related greater than
Class C waste, and other greater than
Class C radioactive materials at the
Humboldt Bay ISFSI. The requested
amendment incorporates the following
changes to the license:
1. Makes administrative changes to
license conditions that reference
Humboldt Bay Power Plant.
2. Deletes license conditions that are
complete, no longer applicable, or
restate NRC regulations.
3. Revises technical specifications to
remove Humboldt Bay Power Plant
systems, structures, components, and
activities that are no longer applicable.
4. Adds a new administrative
technical specification for processing
administrative changes to the Humboldt
Bay ISFSI Quality Assurance Program.
An administrative completeness
review found the application acceptable
for a technical review (ADAMS
Accession No. ML22027A468). In
accordance with section 72.16 of title 10
of the Code of Federal Regulations (10
CFR), a notice of docketing was
published in the Federal Register on
March 8, 2022 (87 FR 13011). The notice
of docketing included an opportunity to
request a hearing and to petition for
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Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
leave to intervene. No requests for a
hearing or petitions for leave to
intervene were submitted. In a letter to
PG&E dated February 3, 2022, the NRC
notified PG&E that the application was
acceptable to begin a technical review.
In addition to the changes proposed
in PG&E’s license amendment request,
the NRC staff considered in its
evaluation removal from the license of
condition 18, which requires the
licensee to incorporate certain changes
in its final safety analysis report within
90 days of the NRC issuing a renewed
license.
The NRC staff prepared a safety
evaluation report (SER) (ADAMS
Accession No. ML22214A119) to
document its review and evaluation of
the amendment request. As part of the
review, the NRC staff determined that
condition 18 could be removed from the
license because the actions required
under the condition had been
completed by the licensee.
The NRC also determined that one of
the changes requested in PG&E’s
application required exemption from
NRC regulations. The staff’s evaluation
of the exemption is discussed as
follows.
As further explained in the SER, the
NRC determined that the license
amendment is administrative in nature,
and therefore satisfies the 10 CFR
51.22(c)(11) criteria for a categorical
exclusion from the requirement to
prepare an environmental impact
statement. Under 10 CFR 51.22(c)(11),
this action is eligible for categorical
exclusion, because it is an amendment
to a materials license that is
administrative, organizational, or
procedural in nature, or which results in
a change in process operations or
equipment, provided that (i) there is no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite, (ii) there is no significant
increase in individual or cumulative
occupational radiation exposure, (iii)
there is no significant construction
impact, and (iv) there is no significant
increase in the potential for or
consequences from radiological
accidents. This administrative change
would not result in any of the effects
listed in 10 CFR 51.22(c)(11).
Consequently, an environmental
assessment and finding of no significant
impact are not required.
Upon completing its review, the NRC
staff determined that the request
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), as well
as the NRC’s rules and regulations. The
Commission has made appropriate
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findings as required by the Act and the
Commission’s rules and regulations in
10 CFR chapter I, that are set forth in the
license amendment. The NRC approved
and issued Amendment No. 5 to License
No. SNM–2514 for the receipt,
possession, transfer, and storage of
spent fuel and associated radioactive
materials at the Humboldt Bay ISFSI
(ADAMS Package Accession No.
ML22214A115). Pursuant to 10 CFR
72.46(d), the NRC is providing notice of
the action taken. Amendment No. 5 was
effective as of the date of issuance.
II. Exemption
Pursuant to 10 CFR 72.7, the
Commission may, upon application by
any interested person or upon its own
initiative, grant such exemptions from
the requirements of the regulations of 10
CFR part 72 as it determines are
authorized by law and will not endanger
life or property or the common defense
and security and are otherwise in the
public interest.
Under 10 CFR 72.44(d)(3), the
licensee for an ISFSI is required to
submit an annual report to NRC
specifying the quantities of
radionuclides released in gaseous and
liquid and gaseous effluents during the
previous year. Among the license
changes included in Amendment No. 5
is a revision to technical specification
5.1.2 a. stating that there are no
radioactive gaseous or liquid effluents
released from the Humboldt Bay ISFSI
during operation, a radioactive effluent
monitoring system is not required,
routine monitoring for effluents is not
performed, and the licensee is exempted
from the reporting requirements of 10
CFR 72.44(d)(3). The staff determined
that this change required an exemption
from 10 CFR 72.44(d)(3) and evaluated
the exemption in accordance with the
requirements of 10 CFR 72.7.
Reproduced in this notice is the NRC’s
evaluation from the SER of the
exemption granted to PG&E for the
Humboldt Bay ISFSI with minor edits.
Pursuant to 10 CFR 72.7, the
Commission may, upon application by
any interested person or upon its own
initiative, grant such exemptions from
the requirements of the regulations in 10
CFR part 72 as it determines are
authorized by law and will not endanger
life or property or the common defense
and security and are otherwise in the
public interest. As discussed in section
3.1.2.4.1 of [the] SER, the staff
determined that revising Technical
Specification 5.1.2.a to state that the
effluent reporting requirements of 10
CFR 72.44(d)(3) do not apply to the
Humboldt Bay ISFSI would require that
NRC grant an exemption from
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72.44(d)(3). Therefore, the staff
evaluated the exemption to determine
whether the granting of this exemption
would meet the criteria specified in 10
CFR 72.7.
Section 72.44(d)(3) of 10 CFR
requires:
An annual report be submitted to the
Commission in accordance with 10 CFR
72.4, specifying the quantity of each of
the principal radionuclides released to
the environment in liquid and in
gaseous effluents during the previous 12
months of operation and such other
information as may be required by the
Commission to estimate maximum
potential radiation dose commitment to
the public resulting from effluent
releases. On the basis of this report and
any additional information that the
Commission may obtain from the
licensee or others, the Commission may
from time to time require the licensee to
take such action as the Commission
deems appropriate. The report must be
submitted within 60 days after the end
of the 12-month monitoring period.
Authorized by Law
The Commission has the legal
authority to issue exemptions from the
requirements of 10 CFR part 72 as
provided in 10 CFR 72.7. The NRC staff
has determined that issuance of this
exemption is consistent with the Act,
and not otherwise inconsistent with
NRC regulations or other applicable
laws. Therefore, issuance of the
exemption is authorized by law.
Will Not Endanger Life or Property or
the Common Defense and Security
Granting the exemption would relieve
PG&E of the requirement to submit
annual radiological effluent monitoring
reports for the Humboldt Bay ISFSI.
Under its current license and [updated
final safety analysis report], the
Humboldt Bay ISFSI does not release
effluents to the environment and PG&E
does not conduct effluent monitoring.
Therefore, there is no monitoring data to
be submitted to the NRC in an annual
effluent monitoring report. The change
does not alter or impede the design,
function, or operation of any ISFSI
structure, system, or component
associated with the facility’s security
and, therefore, does not affect any ISFSI
equipment that is necessary to maintain
a safe and secure status. In addition, the
change has no impact on ISFSI security
or safeguards. Not submitting an annual
radiological effluent monitoring report,
therefore, will not endanger life or
property or the common defense and
security.
Separate from the radiological effluent
monitoring report required under 10
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Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
CFR 72.44(d)(3), PG&E currently
conducts thermoluminescent dosimeter
monitoring for the site and reports this
monitoring data to the NRC in an annual
radiological environmental monitoring
report. PG&E submits these reports to
demonstrate that it meets the
requirements of 10 CFR 72.104,
‘‘Criteria for radioactive materials in
effluents and direct radiation from an
ISFSI or MRS.’’ PG&E has recently
submitted these reports on March 8,
2022, February 18, 2021, March 5, 2020,
March 14, 2019, and April 26, 2018. In
issuing this exemption, the NRC is not
relieving PG&E of the requirements
related to the thermoluminescent
dosimeter monitoring under 10 CFR
72.104.
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Otherwise in the Public Interest
Granting the exemption would relieve
PG&E of the requirement to submit
annual radiological effluent monitoring
reports for the Humboldt Bay ISFSI.
Because the Humboldt Bay ISFSI emits
no effluents and conducts no effluent
monitoring, submitting the annual
effluent monitoring report imposes an
administrative burden without
providing a commensurate benefit to
public health and safety or the
environment. Relieving PG&E of the
annual effluent monitoring report
requirement would therefore be in the
public interest because it would reduce
the administrative burden on PG&E in
making the report to the NRC, which
would preserve NRC staff resources
because NRC will no longer have to
receive, review, or inspect to the report
that is not necessary for this facility.
The NRC finds that the relief given
would not impact public health and
safety or the environment.
Accordingly, PG&E’s proposed
Technical Specification 5.1.2 a. is
further revised by the NRC staff the
following to reflect the issued
exemption:
5.1.2 Radioactive Effluent Control
Program
a. This program is established and
maintained to implement the
requirements of 10 CFR 72.44(d) or
72.126, as appropriate. There are no
radioactive gaseous or liquid effluents
released from the Humboldt Bay ISFSI
during operation. Therefore, a
radioactive effluent monitoring system
is not required, routine monitoring for
effluents is not performed, and the
licensee is exempted from the reporting
requirements under of 10 CFR
72.44(d)(3).
The NRC’s environmental evaluation
of the exemption from the SER is
reproduced as follows:
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The exemption of the annual
reporting requirements under 10 CFR
72.44(d)(3) to the Humboldt Bay ISFSI
License No. SNM–2514 would not
significantly change the types or
significantly increase the amounts of
any effluents that may be released
offsite. In addition, the staff determined
that there is no significant increase in
individual or cumulative occupational
radiation exposure. Further, the
proposed change does not involve
construction of any kind, and therefore
there is no significant construction
impact. The exemption does not involve
an increase in the potential for
consequences from radiological
accidents and the total offsite doses
remain below the 10 CFR 72.104 limits
and are considered acceptable.
Accordingly, the exemption meets the
eligibility criterion for categorical
exclusion set forth in 10 CFR
51.22(c)(11) and, pursuant to 10 CFR
51.22(b), no environmental impact
statement or environmental assessment
need be prepared in connection with the
exemption.
III. Conclusion
Using the reasons set forth in the
safety evaluation, the staff issued an
exemption and granted the license
amendment request on October 11, 2022
(ADAMS Package Accession No.
ML22214A115).
Dated: December 9, 2022.
For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation
Licensing Branch, Division of Fuel
Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2022–27093 Filed 12–13–22; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2020–192; CP2020–202;
CP2023–75]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: December
16, 2022.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
SUMMARY:
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www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern Market Dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
Competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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]]>Agencies
[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76516-76518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27093]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-27; NRC-2022-0050]
Pacific Gas and Electric Company; Humboldt Bay Independent Spent
Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application and exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
License Amendment No. 5 to Special Nuclear Materials (SNM) License No.
SNM-2514 for the Humboldt Bay Independent Spent Fuel Storage
Installation (ISFSI), located in Humboldt County, California, and is
granting an exemption that would relieve Pacific Gas and Electric
Company (PG&E, the licensee) from the requirement to submit annual
effluent monitoring reports for the Humboldt Bay ISFSI. The requested
amendment proposes to delete and make administrative changes to certain
license conditions, revise certain technical specifications that are no
longer applicable to the Humboldt Bay ISFSI, and add a new
administrative technical specification concerning the processing of
administrative changes to Humboldt Bay ISFSI's quality assurance
program. The amendment also removes license condition 18, which
requires the licensee to update its final safety analysis report within
90 days of the NRC issuing a renewed license.
DATES: The amendment and exemption were issued on October 11, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0050 when contacting the
NRC about the availability of information regarding this action. You
may obtain publicly available information related to this action using
any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0050. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Donald Habib, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-1035, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. License Amendment
By letter dated December 14, 2021 (ADAMS Accession No.
ML21348A389), the NRC received an application from PG&E, the licensee
of the Humboldt Bay ISFSI, to amend License No. SNM-2514, which
authorizes the receipt, possession, storage, and transfer of spent
fuel, reactor-related greater than Class C waste, and other greater
than Class C radioactive materials at the Humboldt Bay ISFSI. The
requested amendment incorporates the following changes to the license:
1. Makes administrative changes to license conditions that
reference Humboldt Bay Power Plant.
2. Deletes license conditions that are complete, no longer
applicable, or restate NRC regulations.
3. Revises technical specifications to remove Humboldt Bay Power
Plant systems, structures, components, and activities that are no
longer applicable.
4. Adds a new administrative technical specification for processing
administrative changes to the Humboldt Bay ISFSI Quality Assurance
Program.
An administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML22027A468). In
accordance with section 72.16 of title 10 of the Code of Federal
Regulations (10 CFR), a notice of docketing was published in the
Federal Register on March 8, 2022 (87 FR 13011). The notice of
docketing included an opportunity to request a hearing and to petition
for
[[Page 76517]]
leave to intervene. No requests for a hearing or petitions for leave to
intervene were submitted. In a letter to PG&E dated February 3, 2022,
the NRC notified PG&E that the application was acceptable to begin a
technical review.
In addition to the changes proposed in PG&E's license amendment
request, the NRC staff considered in its evaluation removal from the
license of condition 18, which requires the licensee to incorporate
certain changes in its final safety analysis report within 90 days of
the NRC issuing a renewed license.
The NRC staff prepared a safety evaluation report (SER) (ADAMS
Accession No. ML22214A119) to document its review and evaluation of the
amendment request. As part of the review, the NRC staff determined that
condition 18 could be removed from the license because the actions
required under the condition had been completed by the licensee.
The NRC also determined that one of the changes requested in PG&E's
application required exemption from NRC regulations. The staff's
evaluation of the exemption is discussed as follows.
As further explained in the SER, the NRC determined that the
license amendment is administrative in nature, and therefore satisfies
the 10 CFR 51.22(c)(11) criteria for a categorical exclusion from the
requirement to prepare an environmental impact statement. Under 10 CFR
51.22(c)(11), this action is eligible for categorical exclusion,
because it is an amendment to a materials license that is
administrative, organizational, or procedural in nature, or which
results in a change in process operations or equipment, provided that
(i) there is no significant change in the types or significant increase
in the amounts of any effluents that may be released offsite, (ii)
there is no significant increase in individual or cumulative
occupational radiation exposure, (iii) there is no significant
construction impact, and (iv) there is no significant increase in the
potential for or consequences from radiological accidents. This
administrative change would not result in any of the effects listed in
10 CFR 51.22(c)(11). Consequently, an environmental assessment and
finding of no significant impact are not required.
Upon completing its review, the NRC staff determined that the
request complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), as well as the NRC's rules
and regulations. The Commission has made appropriate findings as
required by the Act and the Commission's rules and regulations in 10
CFR chapter I, that are set forth in the license amendment. The NRC
approved and issued Amendment No. 5 to License No. SNM-2514 for the
receipt, possession, transfer, and storage of spent fuel and associated
radioactive materials at the Humboldt Bay ISFSI (ADAMS Package
Accession No. ML22214A115). Pursuant to 10 CFR 72.46(d), the NRC is
providing notice of the action taken. Amendment No. 5 was effective as
of the date of issuance.
II. Exemption
Pursuant to 10 CFR 72.7, the Commission may, upon application by
any interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations of 10 CFR part 72 as it
determines are authorized by law and will not endanger life or property
or the common defense and security and are otherwise in the public
interest.
Under 10 CFR 72.44(d)(3), the licensee for an ISFSI is required to
submit an annual report to NRC specifying the quantities of
radionuclides released in gaseous and liquid and gaseous effluents
during the previous year. Among the license changes included in
Amendment No. 5 is a revision to technical specification 5.1.2 a.
stating that there are no radioactive gaseous or liquid effluents
released from the Humboldt Bay ISFSI during operation, a radioactive
effluent monitoring system is not required, routine monitoring for
effluents is not performed, and the licensee is exempted from the
reporting requirements of 10 CFR 72.44(d)(3). The staff determined that
this change required an exemption from 10 CFR 72.44(d)(3) and evaluated
the exemption in accordance with the requirements of 10 CFR 72.7.
Reproduced in this notice is the NRC's evaluation from the SER of the
exemption granted to PG&E for the Humboldt Bay ISFSI with minor edits.
Pursuant to 10 CFR 72.7, the Commission may, upon application by
any interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations in 10 CFR part 72 as it
determines are authorized by law and will not endanger life or property
or the common defense and security and are otherwise in the public
interest. As discussed in section 3.1.2.4.1 of [the] SER, the staff
determined that revising Technical Specification 5.1.2.a to state that
the effluent reporting requirements of 10 CFR 72.44(d)(3) do not apply
to the Humboldt Bay ISFSI would require that NRC grant an exemption
from 72.44(d)(3). Therefore, the staff evaluated the exemption to
determine whether the granting of this exemption would meet the
criteria specified in 10 CFR 72.7.
Section 72.44(d)(3) of 10 CFR requires:
An annual report be submitted to the Commission in accordance with
10 CFR 72.4, specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation and such other
information as may be required by the Commission to estimate maximum
potential radiation dose commitment to the public resulting from
effluent releases. On the basis of this report and any additional
information that the Commission may obtain from the licensee or others,
the Commission may from time to time require the licensee to take such
action as the Commission deems appropriate. The report must be
submitted within 60 days after the end of the 12-month monitoring
period.
Authorized by Law
The Commission has the legal authority to issue exemptions from the
requirements of 10 CFR part 72 as provided in 10 CFR 72.7. The NRC
staff has determined that issuance of this exemption is consistent with
the Act, and not otherwise inconsistent with NRC regulations or other
applicable laws. Therefore, issuance of the exemption is authorized by
law.
Will Not Endanger Life or Property or the Common Defense and Security
Granting the exemption would relieve PG&E of the requirement to
submit annual radiological effluent monitoring reports for the Humboldt
Bay ISFSI. Under its current license and [updated final safety analysis
report], the Humboldt Bay ISFSI does not release effluents to the
environment and PG&E does not conduct effluent monitoring. Therefore,
there is no monitoring data to be submitted to the NRC in an annual
effluent monitoring report. The change does not alter or impede the
design, function, or operation of any ISFSI structure, system, or
component associated with the facility's security and, therefore, does
not affect any ISFSI equipment that is necessary to maintain a safe and
secure status. In addition, the change has no impact on ISFSI security
or safeguards. Not submitting an annual radiological effluent
monitoring report, therefore, will not endanger life or property or the
common defense and security.
Separate from the radiological effluent monitoring report required
under 10
[[Page 76518]]
CFR 72.44(d)(3), PG&E currently conducts thermoluminescent dosimeter
monitoring for the site and reports this monitoring data to the NRC in
an annual radiological environmental monitoring report. PG&E submits
these reports to demonstrate that it meets the requirements of 10 CFR
72.104, ``Criteria for radioactive materials in effluents and direct
radiation from an ISFSI or MRS.'' PG&E has recently submitted these
reports on March 8, 2022, February 18, 2021, March 5, 2020, March 14,
2019, and April 26, 2018. In issuing this exemption, the NRC is not
relieving PG&E of the requirements related to the thermoluminescent
dosimeter monitoring under 10 CFR 72.104.
Otherwise in the Public Interest
Granting the exemption would relieve PG&E of the requirement to
submit annual radiological effluent monitoring reports for the Humboldt
Bay ISFSI. Because the Humboldt Bay ISFSI emits no effluents and
conducts no effluent monitoring, submitting the annual effluent
monitoring report imposes an administrative burden without providing a
commensurate benefit to public health and safety or the environment.
Relieving PG&E of the annual effluent monitoring report requirement
would therefore be in the public interest because it would reduce the
administrative burden on PG&E in making the report to the NRC, which
would preserve NRC staff resources because NRC will no longer have to
receive, review, or inspect to the report that is not necessary for
this facility. The NRC finds that the relief given would not impact
public health and safety or the environment.
Accordingly, PG&E's proposed Technical Specification 5.1.2 a. is
further revised by the NRC staff the following to reflect the issued
exemption:
5.1.2 Radioactive Effluent Control Program
a. This program is established and maintained to implement the
requirements of 10 CFR 72.44(d) or 72.126, as appropriate. There are no
radioactive gaseous or liquid effluents released from the Humboldt Bay
ISFSI during operation. Therefore, a radioactive effluent monitoring
system is not required, routine monitoring for effluents is not
performed, and the licensee is exempted from the reporting requirements
under of 10 CFR 72.44(d)(3).
The NRC's environmental evaluation of the exemption from the SER is
reproduced as follows:
The exemption of the annual reporting requirements under 10 CFR
72.44(d)(3) to the Humboldt Bay ISFSI License No. SNM-2514 would not
significantly change the types or significantly increase the amounts of
any effluents that may be released offsite. In addition, the staff
determined that there is no significant increase in individual or
cumulative occupational radiation exposure. Further, the proposed
change does not involve construction of any kind, and therefore there
is no significant construction impact. The exemption does not involve
an increase in the potential for consequences from radiological
accidents and the total offsite doses remain below the 10 CFR 72.104
limits and are considered acceptable. Accordingly, the exemption meets
the eligibility criterion for categorical exclusion set forth in 10 CFR
51.22(c)(11) and, pursuant to 10 CFR 51.22(b), no environmental impact
statement or environmental assessment need be prepared in connection
with the exemption.
III. Conclusion
Using the reasons set forth in the safety evaluation, the staff
issued an exemption and granted the license amendment request on
October 11, 2022 (ADAMS Package Accession No. ML22214A115).
Dated: December 9, 2022.
For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation Licensing Branch, Division of
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-27093 Filed 12-13-22; 8:45 am]
BILLING CODE 7590-01-P
