Southern California Edison; San Onofre Nuclear Generating Station, Unit Nos. 1, 2 and 3, 2136-2140 [2023-00428]
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Notices
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[FR Doc. 2023–00419 Filed 1–11–23; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL SCIENCE FOUNDATION
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[FR Doc. 2023–00627 Filed 1–10–23; 4:15 pm]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–205, 50–361, and 50–362;
NRC–2022–0219]
Southern California Edison; San
Onofre Nuclear Generating Station,
Unit Nos. 1, 2 and 3
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued an
exemption in response to a December
16, 2021, request from Southern
California Edison, as supplemented on
February 28 and September 29, 2022,
that would allow the licensee to
establish the Controlled Area Boundary
(CAB) for the San Onofre Nuclear
Generating Station (SONGS)
independent spent fuel storage
installation (ISFSI) at a distance less
than 100 meters from the ISFSI as
required by NRC regulation.
DATES: The exemption was issued on
January 5, 2023, and was effective upon
issuance.
ADDRESSES: Please refer to Docket ID
NRC–2022–0219 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–2022–0219. 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
SUMMARY:
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in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain 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
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:
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: January 6, 2023.
For the Nuclear Regulatory Commission.
Shaun M. Anderson,
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 Nos. 50–205, 50–361, and 50–
362
Southern California Edison
San Onofre Nuclear Generating Station,
Unit Nos. 1, 2 and 3
Exemption From a Specific 10 CFR
72.106(b) Independent Spent Fuel
Storage Installation Requirement
I. Background
San Onofre Nuclear Generating
Station (SONGS), Units 1, 2, and 3, are
licensed to Southern California Edison
(SCE) 1 under part 50, ‘‘Domestic
1 SONGS is jointly owned by SCE (78.21 percent),
San Diego Gas & Electric (20 percent), and the city
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Licensing of Production and Utilization
Facilities,’’ of title 10 of the Code of
Federal Regulations (10 CFR) (U.S.
Nuclear Regulatory Commission (NRC)
license nos. DPR–13, NPF–10, and NPF–
15, respectively, and docket nos. 50–
206, 50–361, and 50–362, respectively).
SONGS Units 1, 2, and 3 are
decommissioning nuclear power reactor
units located 4 miles southeast of San
Clemente, California, in San Diego
County, California, approximately 62
miles southeast of Los Angeles, and
approximately 51 miles northwest of
San Diego, on an 84-acre site located
entirely within the Camp Pendleton
Marine Corps Base.
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II. Request/Action
On December 16, 2021 (Agencywide
Documents Access and Management
System (ADAMS) Package Accession
No. ML21355A245), SCE submitted a
request, as supplemented on February
28, 2022 (ML22062B028), and
September 29, 2022 (ML22277A016), for
an exemption from a requirement of
paragraph (b) of Section 72.106,
‘‘Controlled area of an [independent
spent fuel storage installation] ISFSI or
[monitored retrievable storage
installation] MRS,’’ for the SONGS
ISFSI. In the request, SCE states that it
wishes to establish the ISFSI Controlled
Area Boundary (CAB) at or within the
site boundary, which coincides with
physical boundaries that in some places
are less than the 100 meters from the
ISFSI required by 10 CFR 72.106(b).
Specifically, SCE indicated that the
areas that would be less than 100 meters
from the ISFSI would be the North
Industrial Area seawall to the west of
the ISFSI and the Owner Controlled
Area fence line to the east of the ISFSI.
SCE is requesting the exemption in
response to a lease condition granted by
the California State Lands Commission
(CSLC) in 2019 in relation to the land
upon which the ISFSI is situated.
Specifically, Lease Condition 32 states:
At the conclusion of the transfer of
the SONGS spent nuclear fuel to the
Approved Independent Spent Fuel
Storage Installation (Approved ISFSI),
the Lessee shall seek approval from the
NRC to decrease the size of the
Exclusion Area Boundary (EAB) to the
minimum required by law. Lessee and
Lessor shall jointly consult with the
California Coastal Commission (CCC) to
ensure that such an approval, if granted,
will not interfere with the Lessee’s
of Riverside (1.79 percent). SCE is authorized to act
as agent for the other co-owners and has exclusive
responsibility and control over the physical
construction, operation, and maintenance of the
facility.
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compliance with the CCC permit
conditions.
To meet the lease condition, SCE
would pursue the disestablishment of
the EAB in accordance with 10 CFR
50.59, ‘‘Changes, tests, and
experiments,’’ which allows reactor
licensees to make certain changes
without prior NRC approval. Since
SONGS has permanently ceased reactor
operations in Unit 2 and 3, an EAB is
no longer required to be maintained. If
this change meets the requirements of
10 CFR 50.59, SCE would reflect
removal of the EAB in the SONGS final
safety analysis report. While compliance
with this lease condition only requires
an attempt to decrease the size of the
EAB, SCE states that an exemption to 10
CFR 72.106(b) to decrease the size of the
SONGS ISFSI CAB will also serve the
public’s interest related to beach access.
However, the public already has full
access to the beach area, the bluff
overlooking the ISFSI, and the Pacific
Ocean on the seaward side of SONGS.
These public thoroughfares are allowed
in accordance with 10 CFR 72.106(c).
However, SCE has an agreement with
Camp Pendleton, the State of California,
and local agencies to restrict public
access to these areas and thoroughfares
during an emergency such as a hostile
action, natural disaster, or fire.
If the exemption is approved, SCE
would modify their agreements with the
Camp Pendleton, State of California, or
local agencies to respond and perform
duties within the ISFSI CAB under
emergency conditions because SCE
would no longer control areas beyond
their site boundary. However, in any
emergency, first responders would
likely secure access to the beach area
based upon the circumstances, to
protect the public in the event of an
emergency.
Paragraph (b) of 10 CFR 72.106
requires that any individual located on
or beyond the nearest boundary of the
controlled area may not receive from
any design basis accident the more
limiting of a total effective dose
equivalent of 0.05 Sieverts (Sv) (5
roentgen equivalent man (rem)), or the
sum of the deep-dose equivalent and the
committed dose equivalent to any
individual organ or tissue (other than
the lens of the eye) of 0.5 Sv (50 rem).
The lens dose equivalent may not
exceed 0.15 Sv (15 rem) and the shallow
dose equivalent to skin or any extremity
may not exceed 0.5 Sv (50 rem). The
minimum distance from the spent fuel,
high-level radioactive waste, or reactorrelated Greater Than Class C (GTCC)
waste handling and storage facilities to
the nearest boundary of the controlled
area must be at least 100 meters.
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Under the provisions of 10 CFR 72.7,
‘‘Specific exemptions,’’ the Commission
may, upon application by any interested
person or upon its own initiative, grant
such exemptions from the requirements
of 10 CFR 72.106(b) 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.
III. Discussion
A. The Exemption Is Authorized by Law
The NRC regulations in 10 CFR 72.7
allow the Commission to grant
exemptions from the requirements of
the regulations in 10 CFR part 72,
‘‘Licensing Requirements for the
Independent Storage of Spent Nuclear
Fuel, High-Level Radioactive Waste, and
Reactor-Related Greater Than Class C
Waste,’’ if it determines, among other
things that the exemption would be
authorized by law. There are no
provisions in the Atomic Energy Act of
1954, as amended (or in any other
Federal statute) that impose a
requirement to maintain the ISFSI
controlled area boundary at a specific
distance. Therefore, the NRC concludes
that there is no statutory prohibition on
the issuance of the requested exemption
and the NRC is authorized to grant the
exemption by law.
B. The Exemption Will Not Endanger
Life or Property or the Common Defense
and Security
The regulation at 10 CFR 72.106(b)
establishes specific dose constraints for
the ISFSI CAB to protect the public, and
requires that the CAB be located at a
minimum distance of 100 meters. To
support its request for an exemption
from this minimum distance, SCE
provided calculations and direct
radiation measurements to demonstrate
that the dose limits during normal
operations and anticipated occurrences
under paragraph (a) of 10 CFR 72.104,
‘‘Criteria for radioactive materials in
effluents and direct radiation from an
ISFSI or MRS,’’ and during design basis
accidents under 10 CFR 72.106(b), are
still met at a reduced ISFSI CAB
distance.
In order to estimate the radiation dose
at the modified SONGS ISFSI CAB, the
licensee performed analyses for the
SONGS ISFSI to calculate the dose from
possible releases at multiple locations
along the modified CAB. These
shielding analyses included dose
contributions from SONGS Units 1, 2,
and 3 fuel stored in Transnuclear (TN)
24PT1 and 24PT4 fuel storage canisters
in TN Advanced Horizontal Storage
Modules (AHSMs), SONGS Units 1, 2,
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and 3 GTCC waste stored in GTCC waste
containers in TN AHSMs, and SONGS
Units 2 and 3 fuel stored in Holtec
multi-purpose fuel storage canisters
inside the vertical ventilated modules
(VVMs) of the Holtec UMAX storage
system. The licensee also included
estimated doses from future canister
transfer operations that will occur when
canisters are moved from their stored
location into certified transportation
packages.
The licensee modeled spent fuel in
the TN and Holtec storage systems with
design basis characteristics for the
Westinghouse 14x14 (SONGS Unit 1)
and Combustion Engineering 16x16
(SONGS Units 2 and 3) pressurizedwater reactor fuel configurations. These
design basis characteristics include an
initial enrichment of 3.8 percent,
burnup of 45 GigaWatt-days per metric
ton uranium (GWd/MTU), a cooling
time of 10 years for Unit 1 fuel, and a
cooling time of 5 years for Units 2 and
3 fuel. The NRC staff finds that these
design basis parameters are appropriate
for determining doses at the modified
SONGS ISFSI CAB. In particular, the
cooling times assumed are conservative
relative to the actual shut down dates
for the three SONGS units (1992 for
Unit 1, 2012 for Units 2 and 3), such
that the dose at the modified ISFSI CAB
is significantly overestimated.
The licensee used the threedimensional Monte Carlo N-Particle
(MCNP) transport code to estimate doses
around the SONGS ISFSI due to stored
Units 1, 2, and 3 fuel, GTCC, and future
canister transfer operations, as
discussed in SCE Calculation SO1–207–
1–C116, Revision 2, ‘‘Modified Control
Area Boundary ISFSI Dose Calculation’’
(ML22062B039). The dose points
considered in the licensee’s analysis are
shown in Figure 1.2 of SO1–207–1–
C116 and are either at or beyond the
modified SONGS ISFSI CAB. The dose
points of primary interest for this
exemption request are dose points 29,
30, 31, and 40, which are all on the
seawall closest to the fuel stored in
Holtec UMAX storage systems. The
closest of these dose points is 38 meters
from the nearest UMAX storage system.
The licensee assumed occupancy
factors that estimate the amount of time
a member of the public may be present
in modeled dose locations. The
occupancy factors assumed by the
licensee for this analysis are
summarized in Table 2.2.1 of SO1–207–
1–C116 and are based on Enclosure 1 to
the SCE letter dated September 29,
2022, ‘‘Occupancy Factors at San Onofre
Owner Controlled Area Boundaries.’’
This document states that areas near the
facility to the north, east, and south of
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the facility are inhospitable, and
unlikely to be accessed by any member
of the public for any significant amount
of time. The beach area to the west of
the facility is unlikely to be accessed by
any member of the public for any
significant amount of time due to the
terrain and vegetation, and the licensee
assumes a member of the public may be
present there for 300 hours out of a year.
The licensee also notes that due to
beach erosion and the placement of
additional riprap to protect the facility
seawall, this area is likely less attractive
to members of the public than more
accessible beaches nearby, meaning that
the estimate of 300 hours of yearly
occupancy is likely conservative. The
NRC staff finds that the assumed
occupancy factors are acceptable for the
calculation of modified SONGS ISFSI
CAB dose during normal operations and
anticipated occurrences, since most
locations around the modified ISFSI
CAB are unlikely to be occupied for a
significant amount of time and the
applicant has recent direct radiation
measurements demonstrating that actual
radiation doses at the modified ISFSI
CAB under normal operations and
anticipated occurrences are less than the
10 CFR 72.104(a) limits for full year
occupancy.
The licensee’s results for the modified
ISFSI CAB annual doses are
summarized in Table 3.6.1 of SO1–207–
1–C116. The results include dose
contributions from stored fuel in both
the TN AHSMs and Holtec VVMs, GTCC
waste stored in TN AHSMs, and from
canister transfer operations for up to 20
transfers per year. The maximum
estimated annual dose from these dose
contributions at the nearest point on the
modified SONGS ISFSI CAB is 22.63
millirem (mrem) (0.2263 millisievert
(mSv)) per year. This is less than the 10
CFR 72.104(a) whole body radiation
limit of 25 mrem (0.25 mSv) per year.
The licensee also provided recent
Annual Radiological Effluent Release
Report results from 2020, which
included fixed thermo-luminescent
dosimeter (TLD) measurements of dose
at the limiting location along the
proposed modified SONGS ISFSI CAB.
The TLD measured doses include
contributions from the majority of fuel
currently stored, as well as multiple
canister transfer operations that
occurred in 2020 to move fuel canisters
into stored locations. The TLD doses
reported by the licensee correspond to
a full occupancy (8,760 hours per year)
dose of 17.52 mrem (0.1752 mSv),
which is less than the 10 CFR 72.104(a)
whole body radiation limit of 25 mrem
(0.25 mSv) per year. These measured
results demonstrate that the licensee’s
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calculations significantly overestimate
the modified SONGS ISFSI CAB dose,
due to the many conservatisms
incorporated into the analysis.
The NRC staff performed independent
confirmatory analyses of the modified
SONGS ISFSI CAB dose under normal
operations and anticipated occurrences.
The staff modeled the fuel and GTCC
waste using assumptions similar to the
licensee’s, in terms of initial fuel
enrichment, fuel burnup, cooling time,
and storage system arrangement. The
NRC staff performed confirmatory
calculations using the MAVRIC/Monaco
sequence of the SCALE 6.2.4 code
system. The staff’s results are within the
calculation uncertainty of the licensee’s
results, confirming that the licensee’s
radiation shielding model is
appropriate, and that the facility will
continue to meet the dose limits for
normal operations and anticipated
occurrences established under 10 CFR
72.104(a) with a modified ISFSI CAB.
The licensee also evaluated the
facility with the modified ISFSI CAB
under design basis accidents to ensure
that the facility continues to meet the
dose limits of 10 CFR 72.106(b). There
are no design basis accidents that
significantly affect the shielding
capabilities of the TN AHSMs or Holtec
VVMs or result in a canister release of
radioactive material. However, the
licensee determined that a loss of water
jacket for the Holtec HI–TRAC VW
transfer cask could have dose
consequences at the modified ISFSI
CAB. The licensee provided an analysis
of dose versus distance from a loaded
HI–TRAC VW transfer cask with the
outer water jacket removed. The details
of this analysis are contained in Holtec
Calculation Hl–2210810, ‘‘SONGS HI–
TRAC VW Accident Conditions Dose
versus Distance.’’ The licensee assumed
an accident duration of 30 days, with
full time occupancy at the nearest dose
location on the modified ISFSI CAB, 38
meters from the transfer cask. The
resulting accident dose is 3.87 rem (38.7
mSv), which is less than the 10 CFR
72.106(b) design basis accident dose
limit of 5.0 rem (50 mSv).
Based on the results of the licensee’s
modified SONGS ISFSI CAB dose
analysis, and the NRC staff’s
confirmatory analysis, the staff finds
that the doses at the modified ISFSI
CAB are below the limits specified
during normal operations and
anticipated occurrences in 10 CFR
72.104(a), as well as the limits specified
during design basis accident conditions
in 10 CFR 72.106(b). The evaluation
includes appropriate dose analyses for
the configurations of SONGS ISFSI
features that exist during the different
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stages of storage operations, including
the impacts of normal, off normal, and
accident conditions. The NRC staff
reached this finding on the basis of a
review that considered the regulation
itself, appropriate regulatory guides,
applicable codes and standards,
accepted engineering practices, the
statements and representations in the
licensee’s amendment request and
supporting calculations, and the staff’s
confirmatory analyses.
The NRC staff has determined that the
thermal, structural, criticality,
retrievability, and radiation protection
requirements of 10 CFR part 72 and the
offsite dose limits of 10 CFR part 20,
‘‘Standards for Protection Against
Radiation,’’ will be maintained. There
are no changes proposed in the
licensee’s exemption request that affect
the thermal, structural, criticality, or
retrievability functions of the SONGS
ISFSI. Due to the potential for the
modified ISFSI CAB to affect radiation
protection outside of the CAB, the
licensee provided an analysis to
demonstrate that the dose limits during
normal operations and anticipated
occurrences under 10 CFR 72.104(a), as
well as during postulated design basis
accidents under 10 CFR 72.106(b), will
not be exceeded. The NRC staff
reviewed the licensee’s dose analysis
and finds that the licensee has shown
with reasonable assurance that these
regulatory dose limits will not be
exceeded for the modified SONGS ISFSI
CAB.
Further, the modified SONGS ISFSI
CAB does not have any effect on the
measures for physical protection at the
site, or otherwise require changes to the
approved physical security plan. The
licensee will continue to maintain its
security program in accordance with the
security plan, NRC regulations, and
applicable security orders.
Accordingly, the NRC staff finds the
risk to the public from operation of the
SONGS ISFSI with the proposed
modified CAB boundaries continues to
ensure that public health and safety are
not reduced under normal operations,
anticipated occurrences, and accident
conditions (transfer cask water jacket
failure). The same level of safety and
security will be maintained for the ISFSI
CAB modification proposed by the
licensee. Therefore, for these reasons the
NRC staff concludes that the exemption
presents no undue risk to public health
and safety and will not endanger life or
property or the common defense and
security.
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C. The Exemption Is Otherwise in the
Interest of the Public
SCE is requesting this exemption in
response to a condition of a lease that
was granted by the CSLC 2 with the aim
of furthering the public interest related
to coastal access, including access to the
beach and to the walkway that runs
alongside the seawall on the seaward
side of the SONGS site boundary.
While compliance with the lease
condition only requires an attempt to
decrease the size of the EAB, the
licensee believes that also shrinking the
ISFSI CAB to or within the SONGS site
boundary will similarly serve the
public’s interest related to beach access
that underlies the lease condition. The
proposed SONGS ISFSI CAB would
allow the licensee to relinquish all
explicit control of areas beyond the site
boundary during both normal
operations and post-accident
conditions. The proposed exemption
would also bring the part of the ISFSI
CAB that now extends past the beach
front into or within the SONGS site
boundary, which would allow the
licensee to modify an associated land
agreement with Camp Pendleton
because the licensee will no longer have
control of areas beyond the site
boundary.
The licensee in its application
commits to continue to monitor onsite
conditions at the SONGS ISFSI and will
maintain procedural requirements to
inform Camp Pendleton and other
agencies of any emergency declaration
so that they may take appropriate action
in accordance with their all-hazards
emergency plans. Upon NRC approval
of this exemption request, the licensee
will establish the SONGS ISFSI CAB at
or within the site boundary in order to
take advantage of physical barriers and
associated access controls. Access is
currently allowed to the public on the
beach walkway and seaward of the
walkway, which are the areas that
would no longer be within the SONGS
ISFSI CAB as a result of this proposed
exemption.
The licensee in its application
explains that the proposed exemption
supports the public interest of increased
access to California’s natural
resources—in this case, the beach,
shoreline, and ocean adjacent to the
SONGS ISFSI—which was the impetus
for CSLC Lease Condition 32. With this
approval the licensee can relinquish
control of areas that are otherwise
subject to control via agreements with
various outside entities during off
2 California State Lands Commission Lease No.
PRC 6785.1 ‘‘SONGS Unit 2 and 3 Offshore
Properties,’’ Condition 32.
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2139
normal and emergency conditions. The
licensee states in its application that
‘‘these agreements have been interpreted
by some as imposing potential
constraints on public access to the
beach.’’ Furthermore, the licensee states
that it has briefed and will continue to
brief and consult with the CSLC and
CCC regarding the proposed exemption
to ensure that its being granted will not
interfere with the licensee’s compliance
with CCC permit conditions.
The NRC staff evaluated the
information above and concludes that
the exemption is in the interest of the
public because it would allow
unfettered access to the beachfront
during operations at the SONGS ISFSI,
to include normal and accident
conditions, while still meeting all NRC
safety and security regulatory
requirements, including the dose limits
established in 10 CFR 72.106(b) and 10
CFR 72.104(a).
D. The Environmental Assessment for
This Exemption Resulted in a Finding of
No Significant Impact
With respect to compliance with
section 102(2) of the National
Environmental Policy Act, 42 U.S.C.
4332(2) (NEPA), the NRC staff
performed an Environmental
Assessment.
Based on its review of the exemption
request, in accordance with the
requirements of 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ the NRC staff
has determined that moving the SONGS
ISFSI CAB will not significantly affect
the quality of the human environment.
Approval of the exemption request
would not result in any new
construction. The SONGS ISFSI is a
passive facility that produces no liquid
or gaseous effluents. This exemption
will have no effect on the consequences
of a hypothetical terrorist attack.
No significant radiological or nonradiological impacts are expected from
continued normal operations.
Occupational dose estimates associated
with the proposed action and continued
normal operation and maintenance of
the SONGS ISFSI are expected to be at
levels that are as low as reasonably
achievable (ALARA) and within the
limits of 10 CFR 20.1201, ‘‘Occupational
dose limits for adults.’’
Therefore, pursuant to 10 CFR 51.31,
‘‘Determinations based on
environmental assessment,’’ the NRC
staff has determined that preparation of
an environmental impact statement is
not required for the proposed action and
no further analysis is required under
NEPA. Pursuant to 10 CFR 51.32,
E:\FR\FM\12JAN1.SGM
12JAN1
2140
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Notices
‘‘Finding of no significant impact,’’ a
Finding of No Significant Impact
(FONSI) is appropriate. The
Environmental Assessment and FONSI
was finalized on December 8, 2022
(ML22341A195) and published in the
Federal Register on December 28, 2022
(87 FR 79910).
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
72.7, the exemption is authorized by
law, will not endanger life or property
or the common defense and security and
is otherwise in the public interest.
Therefore, effective immediately, the
Commission hereby grants SCE an
exemption from 10 CFR 72.106(b) to
reduce the SONGS ISFSI CAB in areas
as identified in its application to less
than 100 meters.
Dated this 5th day of January 2023.
For the Nuclear Regulatory Commission.
Jane E. Marshall,
Director, Division of Decommissioning,
Uranium Recovery, and Waste Programs
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2023–00428 Filed 1–11–23; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96606; File No. SR–IEX–
2022–14]
Self-Regulatory Organizations:
Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Supplementary Material .15 of IEX Rule
5.110 (Supervision)
khammond on DSKJM1Z7X2PROD with NOTICES
January 6, 2023.
Pursuant to section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on December
23, 2022, the Investors Exchange LLC
(‘‘IEX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
prepared by IEX. IEX has designated the
proposed rule change as constituting a
‘‘non-controversial’’ rule change under
section 19(b)(3)(A) 4 of the Act and Rule
19b–4(f)(6) 5 thereunder, which renders
the proposed rule change effective upon
receipt of this filing by the Commission.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Pursuant to the provisions of section
19(b)(1) under the Act,6 and Rule 19b–
4 thereunder,7 IEX is filing with the
Commission a proposed rule change to
amend Supplementary Material .15 of
IEX Rule 5.110 (Supervision) to extend
the temporary remote inspection relief
to IEX Members through the earlier of
the effective date of the FINRA pilot
program on remote inspections (the
‘‘FINRA Pilot Program’’) 8, if approved,
or December 31, 2023. The proposed
extension would alleviate the ongoing
operational challenges resulting from
the COVID–19 pandemic that many
member firms may continue to face in
planning for and timely conducting
required on-site inspections at locations
requiring inspection in calendar year
2023.
The text of the proposed rule change
is available at the Exchange’s website at
www.iextrading.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of
and basis for the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of these statement may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
Sections A, B, and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The COVID–19 pandemic has caused
a host of operational disruptions to the
securities industry and impacted IEX
Members,9 regulators, investors, and
other stakeholders. In response to the
pandemic, IEX adopted Supplementary
6 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
8 See Securities Exchange Act Release No. 95452
(Aug. 9, 2022), 87 FR 50144 (Aug. 15, 2022) (File
No. SR–FINRA–2022–21).
9 See IEX Rule 1.160(s).
1 15
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
4 15 U.S.C. 78s(b)(3)(A).
5 17 CFR 240.19b–4(f)(6).
VerDate Sep<11>2014
17:36 Jan 11, 2023
7 17
Jkt 259001
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Material .15 of IEX Rule 5.110 to
provide Members the temporary option
of satisfying their inspection obligations
for offices of supervisory jurisdiction,
branch offices, or non-branch locations
under IEX Rule 5.110 (Supervision)
remotely for calendar years 2021 and
2022, subject to specified conditions,10
due to the logistical challenges of going
on-site while public health and safety
concerns related to COVID–19 persisted.
While there are several signs that the
pandemic has receded, much
uncertainty still remains. The
emergence of new variants, dissimilar
vaccination rates throughout the U.S.,
and varying levels of transmissions of
the virus all indicate that COVID–19
remains an active and real public health
concern. Against this setting, IEX
understands the complexity Members
face in assessing when and how to
effectively and safely recall their
employees back into offices alongside
fashioning permanent telework
arrangements or a hybrid workforce
model in which some employees may
work on-site in a commercial office
space and other employees may work
off-site in an alternative location (e.g., a
personal residence).11 Accordingly, due
to the continued logistical challenges of
going on-site to branch offices or
locations while these public health and
safety concerns related to COVID–19
persist coupled with several Members
delaying their return-to-office plans, IEX
believes that extending the temporary
remote inspection relief to Members is
warranted.
FINRA has filed with the Commission
File No. SR–FINRA–2022–021, a
proposed rule change to adopt a
voluntary, remote inspections pilot
program that is currently pending
Commission review. The FINRA Pilot
Program would provide for a voluntary,
three-year remote inspection pilot
program to allow broker-dealers to elect
to fulfill their obligation under FINRA
Rule 3110(c) (Internal Inspections) by
conducting inspections of some or all
branch offices and non-branch locations
remotely without an on-site visit to such
office or location, subject to specified
10 See Securities Exchange Act Release No. 92222
(June 22, 2021), 86 FR 34069 (June 28, 2021) (SR–
IEX–2021–09) (providing remote inspection relief to
Members for calendar year 2021), and Securities
Exchange Act Release No. 96460 (December 7,
2022), 87 FR 76222 (December 13, 2022) (SR–IEX–
2022–12) (providing remote inspection relief to
Members for calendar year 2022).
11 For example, IEX understands that both the
Commission and FINRA do not currently require
employees to return to the office. See SEC Fiscal
Year 2022 Agency Financial Report, available at
https://www.sec.gov/files/sec-2022-agencyfinancial-report.pdf and https://www.finra.org/
rules-guidance/key-topics/covid-19.
E:\FR\FM\12JAN1.SGM
12JAN1
]]>Agencies
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2136-2140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00428]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-205, 50-361, and 50-362; NRC-2022-0219]
Southern California Edison; San Onofre Nuclear Generating
Station, Unit Nos. 1, 2 and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to a December 16, 2021, request from Southern
California Edison, as supplemented on February 28 and September 29,
2022, that would allow the licensee to establish the Controlled Area
Boundary (CAB) for the San Onofre Nuclear Generating Station (SONGS)
independent spent fuel storage installation (ISFSI) at a distance less
than 100 meters from the ISFSI as required by NRC regulation.
DATES: The exemption was issued on January 5, 2023, and was effective
upon issuance.
ADDRESSES: Please refer to Docket ID NRC-2022-0219 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-2022-0219. 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: 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: January 6, 2023.
For the Nuclear Regulatory Commission.
Shaun M. Anderson,
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 Nos. 50-205, 50-361, and 50-362
Southern California Edison
San Onofre Nuclear Generating Station, Unit Nos. 1, 2 and 3
Exemption From a Specific 10 CFR 72.106(b) Independent Spent Fuel
Storage Installation Requirement
I. Background
San Onofre Nuclear Generating Station (SONGS), Units 1, 2, and 3,
are licensed to Southern California Edison (SCE) \1\ under part 50,
``Domestic
[[Page 2137]]
Licensing of Production and Utilization Facilities,'' of title 10 of
the Code of Federal Regulations (10 CFR) (U.S. Nuclear Regulatory
Commission (NRC) license nos. DPR-13, NPF-10, and NPF-15, respectively,
and docket nos. 50-206, 50-361, and 50-362, respectively). SONGS Units
1, 2, and 3 are decommissioning nuclear power reactor units located 4
miles southeast of San Clemente, California, in San Diego County,
California, approximately 62 miles southeast of Los Angeles, and
approximately 51 miles northwest of San Diego, on an 84-acre site
located entirely within the Camp Pendleton Marine Corps Base.
---------------------------------------------------------------------------
\1\ SONGS is jointly owned by SCE (78.21 percent), San Diego Gas
& Electric (20 percent), and the city of Riverside (1.79 percent).
SCE is authorized to act as agent for the other co-owners and has
exclusive responsibility and control over the physical construction,
operation, and maintenance of the facility.
---------------------------------------------------------------------------
II. Request/Action
On December 16, 2021 (Agencywide Documents Access and Management
System (ADAMS) Package Accession No. ML21355A245), SCE submitted a
request, as supplemented on February 28, 2022 (ML22062B028), and
September 29, 2022 (ML22277A016), for an exemption from a requirement
of paragraph (b) of Section 72.106, ``Controlled area of an
[independent spent fuel storage installation] ISFSI or [monitored
retrievable storage installation] MRS,'' for the SONGS ISFSI. In the
request, SCE states that it wishes to establish the ISFSI Controlled
Area Boundary (CAB) at or within the site boundary, which coincides
with physical boundaries that in some places are less than the 100
meters from the ISFSI required by 10 CFR 72.106(b). Specifically, SCE
indicated that the areas that would be less than 100 meters from the
ISFSI would be the North Industrial Area seawall to the west of the
ISFSI and the Owner Controlled Area fence line to the east of the
ISFSI.
SCE is requesting the exemption in response to a lease condition
granted by the California State Lands Commission (CSLC) in 2019 in
relation to the land upon which the ISFSI is situated. Specifically,
Lease Condition 32 states:
At the conclusion of the transfer of the SONGS spent nuclear fuel
to the Approved Independent Spent Fuel Storage Installation (Approved
ISFSI), the Lessee shall seek approval from the NRC to decrease the
size of the Exclusion Area Boundary (EAB) to the minimum required by
law. Lessee and Lessor shall jointly consult with the California
Coastal Commission (CCC) to ensure that such an approval, if granted,
will not interfere with the Lessee's compliance with the CCC permit
conditions.
To meet the lease condition, SCE would pursue the disestablishment
of the EAB in accordance with 10 CFR 50.59, ``Changes, tests, and
experiments,'' which allows reactor licensees to make certain changes
without prior NRC approval. Since SONGS has permanently ceased reactor
operations in Unit 2 and 3, an EAB is no longer required to be
maintained. If this change meets the requirements of 10 CFR 50.59, SCE
would reflect removal of the EAB in the SONGS final safety analysis
report. While compliance with this lease condition only requires an
attempt to decrease the size of the EAB, SCE states that an exemption
to 10 CFR 72.106(b) to decrease the size of the SONGS ISFSI CAB will
also serve the public's interest related to beach access. However, the
public already has full access to the beach area, the bluff overlooking
the ISFSI, and the Pacific Ocean on the seaward side of SONGS. These
public thoroughfares are allowed in accordance with 10 CFR 72.106(c).
However, SCE has an agreement with Camp Pendleton, the State of
California, and local agencies to restrict public access to these areas
and thoroughfares during an emergency such as a hostile action, natural
disaster, or fire.
If the exemption is approved, SCE would modify their agreements
with the Camp Pendleton, State of California, or local agencies to
respond and perform duties within the ISFSI CAB under emergency
conditions because SCE would no longer control areas beyond their site
boundary. However, in any emergency, first responders would likely
secure access to the beach area based upon the circumstances, to
protect the public in the event of an emergency.
Paragraph (b) of 10 CFR 72.106 requires that any individual located
on or beyond the nearest boundary of the controlled area may not
receive from any design basis accident the more limiting of a total
effective dose equivalent of 0.05 Sieverts (Sv) (5 roentgen equivalent
man (rem)), or the sum of the deep-dose equivalent and the committed
dose equivalent to any individual organ or tissue (other than the lens
of the eye) of 0.5 Sv (50 rem). The lens dose equivalent may not exceed
0.15 Sv (15 rem) and the shallow dose equivalent to skin or any
extremity may not exceed 0.5 Sv (50 rem). The minimum distance from the
spent fuel, high-level radioactive waste, or reactor-related Greater
Than Class C (GTCC) waste handling and storage facilities to the
nearest boundary of the controlled area must be at least 100 meters.
Under the provisions of 10 CFR 72.7, ``Specific exemptions,'' the
Commission may, upon application by any interested person or upon its
own initiative, grant such exemptions from the requirements of 10 CFR
72.106(b) 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.
III. Discussion
A. The Exemption Is Authorized by Law
The NRC regulations in 10 CFR 72.7 allow the Commission to grant
exemptions from the requirements of the regulations in 10 CFR part 72,
``Licensing Requirements for the Independent Storage of Spent Nuclear
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than
Class C Waste,'' if it determines, among other things that the
exemption would be authorized by law. There are no provisions in the
Atomic Energy Act of 1954, as amended (or in any other Federal statute)
that impose a requirement to maintain the ISFSI controlled area
boundary at a specific distance. Therefore, the NRC concludes that
there is no statutory prohibition on the issuance of the requested
exemption and the NRC is authorized to grant the exemption by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
The regulation at 10 CFR 72.106(b) establishes specific dose
constraints for the ISFSI CAB to protect the public, and requires that
the CAB be located at a minimum distance of 100 meters. To support its
request for an exemption from this minimum distance, SCE provided
calculations and direct radiation measurements to demonstrate that the
dose limits during normal operations and anticipated occurrences under
paragraph (a) of 10 CFR 72.104, ``Criteria for radioactive materials in
effluents and direct radiation from an ISFSI or MRS,'' and during
design basis accidents under 10 CFR 72.106(b), are still met at a
reduced ISFSI CAB distance.
In order to estimate the radiation dose at the modified SONGS ISFSI
CAB, the licensee performed analyses for the SONGS ISFSI to calculate
the dose from possible releases at multiple locations along the
modified CAB. These shielding analyses included dose contributions from
SONGS Units 1, 2, and 3 fuel stored in Transnuclear (TN) 24PT1 and
24PT4 fuel storage canisters in TN Advanced Horizontal Storage Modules
(AHSMs), SONGS Units 1, 2,
[[Page 2138]]
and 3 GTCC waste stored in GTCC waste containers in TN AHSMs, and SONGS
Units 2 and 3 fuel stored in Holtec multi-purpose fuel storage
canisters inside the vertical ventilated modules (VVMs) of the Holtec
UMAX storage system. The licensee also included estimated doses from
future canister transfer operations that will occur when canisters are
moved from their stored location into certified transportation
packages.
The licensee modeled spent fuel in the TN and Holtec storage
systems with design basis characteristics for the Westinghouse 14x14
(SONGS Unit 1) and Combustion Engineering 16x16 (SONGS Units 2 and 3)
pressurized-water reactor fuel configurations. These design basis
characteristics include an initial enrichment of 3.8 percent, burnup of
45 GigaWatt-days per metric ton uranium (GWd/MTU), a cooling time of 10
years for Unit 1 fuel, and a cooling time of 5 years for Units 2 and 3
fuel. The NRC staff finds that these design basis parameters are
appropriate for determining doses at the modified SONGS ISFSI CAB. In
particular, the cooling times assumed are conservative relative to the
actual shut down dates for the three SONGS units (1992 for Unit 1, 2012
for Units 2 and 3), such that the dose at the modified ISFSI CAB is
significantly overestimated.
The licensee used the three-dimensional Monte Carlo N-Particle
(MCNP) transport code to estimate doses around the SONGS ISFSI due to
stored Units 1, 2, and 3 fuel, GTCC, and future canister transfer
operations, as discussed in SCE Calculation SO1-207-1-C116, Revision 2,
``Modified Control Area Boundary ISFSI Dose Calculation''
(ML22062B039). The dose points considered in the licensee's analysis
are shown in Figure 1.2 of SO1-207-1-C116 and are either at or beyond
the modified SONGS ISFSI CAB. The dose points of primary interest for
this exemption request are dose points 29, 30, 31, and 40, which are
all on the seawall closest to the fuel stored in Holtec UMAX storage
systems. The closest of these dose points is 38 meters from the nearest
UMAX storage system.
The licensee assumed occupancy factors that estimate the amount of
time a member of the public may be present in modeled dose locations.
The occupancy factors assumed by the licensee for this analysis are
summarized in Table 2.2.1 of SO1-207-1-C116 and are based on Enclosure
1 to the SCE letter dated September 29, 2022, ``Occupancy Factors at
San Onofre Owner Controlled Area Boundaries.'' This document states
that areas near the facility to the north, east, and south of the
facility are inhospitable, and unlikely to be accessed by any member of
the public for any significant amount of time. The beach area to the
west of the facility is unlikely to be accessed by any member of the
public for any significant amount of time due to the terrain and
vegetation, and the licensee assumes a member of the public may be
present there for 300 hours out of a year.
The licensee also notes that due to beach erosion and the placement
of additional riprap to protect the facility seawall, this area is
likely less attractive to members of the public than more accessible
beaches nearby, meaning that the estimate of 300 hours of yearly
occupancy is likely conservative. The NRC staff finds that the assumed
occupancy factors are acceptable for the calculation of modified SONGS
ISFSI CAB dose during normal operations and anticipated occurrences,
since most locations around the modified ISFSI CAB are unlikely to be
occupied for a significant amount of time and the applicant has recent
direct radiation measurements demonstrating that actual radiation doses
at the modified ISFSI CAB under normal operations and anticipated
occurrences are less than the 10 CFR 72.104(a) limits for full year
occupancy.
The licensee's results for the modified ISFSI CAB annual doses are
summarized in Table 3.6.1 of SO1-207-1-C116. The results include dose
contributions from stored fuel in both the TN AHSMs and Holtec VVMs,
GTCC waste stored in TN AHSMs, and from canister transfer operations
for up to 20 transfers per year. The maximum estimated annual dose from
these dose contributions at the nearest point on the modified SONGS
ISFSI CAB is 22.63 millirem (mrem) (0.2263 millisievert (mSv)) per
year. This is less than the 10 CFR 72.104(a) whole body radiation limit
of 25 mrem (0.25 mSv) per year.
The licensee also provided recent Annual Radiological Effluent
Release Report results from 2020, which included fixed thermo-
luminescent dosimeter (TLD) measurements of dose at the limiting
location along the proposed modified SONGS ISFSI CAB. The TLD measured
doses include contributions from the majority of fuel currently stored,
as well as multiple canister transfer operations that occurred in 2020
to move fuel canisters into stored locations. The TLD doses reported by
the licensee correspond to a full occupancy (8,760 hours per year) dose
of 17.52 mrem (0.1752 mSv), which is less than the 10 CFR 72.104(a)
whole body radiation limit of 25 mrem (0.25 mSv) per year. These
measured results demonstrate that the licensee's calculations
significantly overestimate the modified SONGS ISFSI CAB dose, due to
the many conservatisms incorporated into the analysis.
The NRC staff performed independent confirmatory analyses of the
modified SONGS ISFSI CAB dose under normal operations and anticipated
occurrences. The staff modeled the fuel and GTCC waste using
assumptions similar to the licensee's, in terms of initial fuel
enrichment, fuel burnup, cooling time, and storage system arrangement.
The NRC staff performed confirmatory calculations using the MAVRIC/
Monaco sequence of the SCALE 6.2.4 code system. The staff's results are
within the calculation uncertainty of the licensee's results,
confirming that the licensee's radiation shielding model is
appropriate, and that the facility will continue to meet the dose
limits for normal operations and anticipated occurrences established
under 10 CFR 72.104(a) with a modified ISFSI CAB.
The licensee also evaluated the facility with the modified ISFSI
CAB under design basis accidents to ensure that the facility continues
to meet the dose limits of 10 CFR 72.106(b). There are no design basis
accidents that significantly affect the shielding capabilities of the
TN AHSMs or Holtec VVMs or result in a canister release of radioactive
material. However, the licensee determined that a loss of water jacket
for the Holtec HI-TRAC VW transfer cask could have dose consequences at
the modified ISFSI CAB. The licensee provided an analysis of dose
versus distance from a loaded HI-TRAC VW transfer cask with the outer
water jacket removed. The details of this analysis are contained in
Holtec Calculation Hl-2210810, ``SONGS HI-TRAC VW Accident Conditions
Dose versus Distance.'' The licensee assumed an accident duration of 30
days, with full time occupancy at the nearest dose location on the
modified ISFSI CAB, 38 meters from the transfer cask. The resulting
accident dose is 3.87 rem (38.7 mSv), which is less than the 10 CFR
72.106(b) design basis accident dose limit of 5.0 rem (50 mSv).
Based on the results of the licensee's modified SONGS ISFSI CAB
dose analysis, and the NRC staff's confirmatory analysis, the staff
finds that the doses at the modified ISFSI CAB are below the limits
specified during normal operations and anticipated occurrences in 10
CFR 72.104(a), as well as the limits specified during design basis
accident conditions in 10 CFR 72.106(b). The evaluation includes
appropriate dose analyses for the configurations of SONGS ISFSI
features that exist during the different
[[Page 2139]]
stages of storage operations, including the impacts of normal, off
normal, and accident conditions. The NRC staff reached this finding on
the basis of a review that considered the regulation itself,
appropriate regulatory guides, applicable codes and standards, accepted
engineering practices, the statements and representations in the
licensee's amendment request and supporting calculations, and the
staff's confirmatory analyses.
The NRC staff has determined that the thermal, structural,
criticality, retrievability, and radiation protection requirements of
10 CFR part 72 and the offsite dose limits of 10 CFR part 20,
``Standards for Protection Against Radiation,'' will be maintained.
There are no changes proposed in the licensee's exemption request that
affect the thermal, structural, criticality, or retrievability
functions of the SONGS ISFSI. Due to the potential for the modified
ISFSI CAB to affect radiation protection outside of the CAB, the
licensee provided an analysis to demonstrate that the dose limits
during normal operations and anticipated occurrences under 10 CFR
72.104(a), as well as during postulated design basis accidents under 10
CFR 72.106(b), will not be exceeded. The NRC staff reviewed the
licensee's dose analysis and finds that the licensee has shown with
reasonable assurance that these regulatory dose limits will not be
exceeded for the modified SONGS ISFSI CAB.
Further, the modified SONGS ISFSI CAB does not have any effect on
the measures for physical protection at the site, or otherwise require
changes to the approved physical security plan. The licensee will
continue to maintain its security program in accordance with the
security plan, NRC regulations, and applicable security orders.
Accordingly, the NRC staff finds the risk to the public from
operation of the SONGS ISFSI with the proposed modified CAB boundaries
continues to ensure that public health and safety are not reduced under
normal operations, anticipated occurrences, and accident conditions
(transfer cask water jacket failure). The same level of safety and
security will be maintained for the ISFSI CAB modification proposed by
the licensee. Therefore, for these reasons the NRC staff concludes that
the exemption presents no undue risk to public health and safety and
will not endanger life or property or the common defense and security.
C. The Exemption Is Otherwise in the Interest of the Public
SCE is requesting this exemption in response to a condition of a
lease that was granted by the CSLC \2\ with the aim of furthering the
public interest related to coastal access, including access to the
beach and to the walkway that runs alongside the seawall on the seaward
side of the SONGS site boundary.
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\2\ California State Lands Commission Lease No. PRC 6785.1
``SONGS Unit 2 and 3 Offshore Properties,'' Condition 32.
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While compliance with the lease condition only requires an attempt
to decrease the size of the EAB, the licensee believes that also
shrinking the ISFSI CAB to or within the SONGS site boundary will
similarly serve the public's interest related to beach access that
underlies the lease condition. The proposed SONGS ISFSI CAB would allow
the licensee to relinquish all explicit control of areas beyond the
site boundary during both normal operations and post-accident
conditions. The proposed exemption would also bring the part of the
ISFSI CAB that now extends past the beach front into or within the
SONGS site boundary, which would allow the licensee to modify an
associated land agreement with Camp Pendleton because the licensee will
no longer have control of areas beyond the site boundary.
The licensee in its application commits to continue to monitor
onsite conditions at the SONGS ISFSI and will maintain procedural
requirements to inform Camp Pendleton and other agencies of any
emergency declaration so that they may take appropriate action in
accordance with their all-hazards emergency plans. Upon NRC approval of
this exemption request, the licensee will establish the SONGS ISFSI CAB
at or within the site boundary in order to take advantage of physical
barriers and associated access controls. Access is currently allowed to
the public on the beach walkway and seaward of the walkway, which are
the areas that would no longer be within the SONGS ISFSI CAB as a
result of this proposed exemption.
The licensee in its application explains that the proposed
exemption supports the public interest of increased access to
California's natural resources--in this case, the beach, shoreline, and
ocean adjacent to the SONGS ISFSI--which was the impetus for CSLC Lease
Condition 32. With this approval the licensee can relinquish control of
areas that are otherwise subject to control via agreements with various
outside entities during off normal and emergency conditions. The
licensee states in its application that ``these agreements have been
interpreted by some as imposing potential constraints on public access
to the beach.'' Furthermore, the licensee states that it has briefed
and will continue to brief and consult with the CSLC and CCC regarding
the proposed exemption to ensure that its being granted will not
interfere with the licensee's compliance with CCC permit conditions.
The NRC staff evaluated the information above and concludes that
the exemption is in the interest of the public because it would allow
unfettered access to the beachfront during operations at the SONGS
ISFSI, to include normal and accident conditions, while still meeting
all NRC safety and security regulatory requirements, including the dose
limits established in 10 CFR 72.106(b) and 10 CFR 72.104(a).
D. The Environmental Assessment for This Exemption Resulted in a
Finding of No Significant Impact
With respect to compliance with section 102(2) of the National
Environmental Policy Act, 42 U.S.C. 4332(2) (NEPA), the NRC staff
performed an Environmental Assessment.
Based on its review of the exemption request, in accordance with
the requirements of 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC staff has determined that moving the SONGS ISFSI CAB will not
significantly affect the quality of the human environment. Approval of
the exemption request would not result in any new construction. The
SONGS ISFSI is a passive facility that produces no liquid or gaseous
effluents. This exemption will have no effect on the consequences of a
hypothetical terrorist attack.
No significant radiological or non-radiological impacts are
expected from continued normal operations. Occupational dose estimates
associated with the proposed action and continued normal operation and
maintenance of the SONGS ISFSI are expected to be at levels that are as
low as reasonably achievable (ALARA) and within the limits of 10 CFR
20.1201, ``Occupational dose limits for adults.''
Therefore, pursuant to 10 CFR 51.31, ``Determinations based on
environmental assessment,'' the NRC staff has determined that
preparation of an environmental impact statement is not required for
the proposed action and no further analysis is required under NEPA.
Pursuant to 10 CFR 51.32,
[[Page 2140]]
``Finding of no significant impact,'' a Finding of No Significant
Impact (FONSI) is appropriate. The Environmental Assessment and FONSI
was finalized on December 8, 2022 (ML22341A195) and published in the
Federal Register on December 28, 2022 (87 FR 79910).
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
72.7, the exemption is authorized by law, will not endanger life or
property or the common defense and security and is otherwise in the
public interest. Therefore, effective immediately, the Commission
hereby grants SCE an exemption from 10 CFR 72.106(b) to reduce the
SONGS ISFSI CAB in areas as identified in its application to less than
100 meters.
Dated this 5th day of January 2023.
For the Nuclear Regulatory Commission.
Jane E. Marshall,
Director, Division of Decommissioning, Uranium Recovery, and Waste
Programs Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-00428 Filed 1-11-23; 8:45 am]
BILLING CODE 7590-01-P
