TMI-2 Solutions; Three Mile Island Nuclear Station, Unit No. 2, 42109-42111 [2023-13882]
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Federal Register / Vol. 88, No. 124 / Thursday, June 29, 2023 / Notices
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) applies to rulemakings in which
an agency creates a new information
collection or amends existing
information collection requirements.23
For purposes of the PRA, an information
collection requirement may take the
form of a reporting, recordkeeping, or a
third-party disclosure requirement. The
NCUA may not conduct or sponsor, and
the respondent is not required to
respond to, an information collection
unless it displays a valid Office of
Management and Budget (OMB) control
number. The current information
collection requirements for the MDI
policy are approved under OMB control
number 3133–0195, Minority
Depository Institution Preservation
Program.
The amendments in this proposed
revision to IRPS 13–1 do not alter the
information collection described under
OMB control number 3133–0195, and
the NCUA does not anticipate an
increase in the burden based on the
proposed revisions. There are no
additional information collections
resulting from these proposed changes.
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Executive Order 13132
U.S.C. 3507(d); 5 CFR part 1320.
VerDate Sep<11>2014
17:21 Jun 28, 2023
Assessment of Federal Regulations and
Policies on Families
The NCUA has determined that these
proposed revisions to IRPS 13–1 will
not affect family well-being within the
meaning of section 654 of the Treasury
and General Government
Appropriations Act, 1999.24 The
proposed revisions to IRPS 13–1 may
increase the ability of MDIs to provide
financial services to families. However,
the Board does not have a means to
quantify how this might affect family
well-being as described in factors
included in the legislation, which
include the effects of the action on the
stability and safety of the family;
parental authority and rights in the
education, supervision, and nurture of
their children; the ability of families to
support their functions or substitute
governmental activity for these
functions; and on increases or decreases
to disposable income.
By the National Credit Union
Administration Board on June 22, 2023.
Melane Conyers-Ausbrooks,
Secretary of the Board.
[FR Doc. 2023–13848 Filed 6–28–23; 8:45 am]
Executive Order 13132 encourages
independent regulatory agencies to
consider the impact of their actions on
State and local interests. The NCUA, an
independent regulatory agency as
defined in 44 U.S.C. 3502(5), voluntarily
complies with the Executive Order to
adhere to fundamental federalism
principles. This revised IRPS will not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Although Statechartered credit unions are eligible to
obtain the MDI designation and receive
assistance based on it, the NCUA does
not believe this affects State
governments generally or State credit
union regulators in particular. The
NCUA will continue to work
cooperatively with State credit union
regulators to examine federally insured,
State-chartered credit unions and does
not expect the proposed IRPS to alter
these relationships or allocation of
responsibilities. The decision about
whether to certify as an MDI or seek
MDI program benefits will be an
individual business decision for each
credit union’s board. The NCUA has
determined that this revised IRPS does
not constitute a policy that has
23 44
federalism implications for purposes of
the executive order.
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BILLING CODE 7535–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–0320; NRC–2023–0042]
TMI–2 Solutions; Three Mile Island
Nuclear Station, Unit No. 2
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC, or Commission) is
issuing an exemption in response to a
September 29, 2022, request from TMI–
2 Solutions, LLC (TMI–2 Solutions, or
Licensee) for an exemption from NRC
regulations. The action exempts TMI–2
Solutions from the requirements to
maintain a radiation monitoring system
in each area where licensed special
nuclear material is handled, used, or
stored that would energize clearly
audible alarm signals if accidental
criticality occurred during
decommissioning. In evaluating the
exemption request, the NRC staff
determined that the Licensee’s proposed
decommissioning activities do not
present any credible criticality hazards.
SUMMARY:
24 Public
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Law 105–277, 112 Stat. 2681 (1998).
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42109
The exemption was issued on
and was effective on May 2, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2023–0042 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–2023–0042. 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
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 a.m. and 4 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.
DATES:
SUPPLEMENTARY INFORMATION:
I. Background
TMI–2 Solutions is the holder of
Possession Only License (POL) No.
DPR–73 for Three Mile Island Nuclear
Station, Unit No. 2 (TMI–2). The POL
provides, among other things, that the
facility is subject to all rules,
regulations, and orders of the NRC now
or hereafter in effect. TMI–2 is located
in Dauphin County, Pennsylvania.
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42110
Federal Register / Vol. 88, No. 124 / Thursday, June 29, 2023 / Notices
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The NRC previously granted TMI–2
an exemption from the criticality
accident monitoring requirements of
section 70.24 of title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Criticality accident requirements,’’ for
Special Nuclear Material (SNM) storage,
on June 15, 1992 (ADAMS Accession
No. ML20210D729). In its exemption
request (ADAMS Accession No.
ML22276A024), the Licensee noted that
the June 15, 1992, exemption stated:
‘‘. . . it is appropriate to request an
exemption from 10 CFR 70.24 if an
evaluation determines that a potential
for criticality does not exist, as for
example where the quantities or form of
special nuclear material make criticality
practically impossible or where
geometric spacing is used to preclude
criticality.’’
The NRC granted the 1992 exemption
based on the lack of a credible criticality
hazard related to the storage of
fissionable material at the facility
(ADAMS Package Accession No.
ML20210D728). That exemption,
however, only covered the initial
cleanup of TMI–2 fuel debris.
Consequently, as TMI–2 Solutions
progresses to radiological
decommissioning of TMI–2, including
activities beyond the initial cleanup of
TMI–2 fuel debris, the 1992 exemption
will no longer apply. Therefore, TMI–2
Solutions requested this exemption
from 10 CFR 70.24, which will extend
until license termination.
II. Request/Action
Section 70.24 requires, in relevant
part, that each licensee authorized to
possess special nuclear material in a
quantity exceeding 700 grams of
contained uranium-235, 520 grams of
uranium-233, 450 grams of plutonium,
1,500 grams of contained uranium-235 if
no uranium enriched to more than 4
percent by weight of uranium-235 is
present, or 450 grams of any
combination thereof, shall maintain a
monitoring system in each area in
which such licensed special nuclear
material is handled, used, or stored. The
monitoring system must use gamma- or
neutron-sensitive radiation detectors
which will energize clearly audible
alarm signals if accidental criticality
occurs.
In its exemption application, TMI–2
Solutions states that criticality is not
credible at TMI–2, and therefore it
considers an exemption to 10 CFR 70.24
for a criticality monitoring system to be
appropriate for decommissioning. The
licensee states that TMI2–RA–COR–
2022–0008, ‘‘Supplemental Information
to License Amendment Request—Three
Mile Island, Unit 2, Decommissioning
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17:21 Jun 28, 2023
Jkt 259001
Technical Specifications,’’ demonstrates
that the spent fuel mass limit (SFML)
associated with remaining fuel bearing
material at TMI–2 is 1361 kilograms (kg)
of uranium oxide (UO2). The licensee
notes that this SFML is 24 percent
higher than the previous estimate on
record for remaining fuel bearing
material at TMI–2, which the NRC staff
found to analytically preclude a credible
criticality accident at TMI–2 (ADAMS
Accession No. ML23094A269). The
updated SFML result represents a more
accurate and updated calculation from
the 1990 SFML calculation. The
Licensee arrived at this updated
calculation by taking credit for
impurities and actual enrichment based
on the results of physical samples taken
during the defueling effort.
III. Discussion
Pursuant to 10 CFR 70.17(a), ‘‘Specific
exemptions,’’ the Commission may,
upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR part 70 when the exemption is
authorized by law, will not endanger
life or property or the common defense
and security, and is otherwise in the
interest of the public.
The NRC staff has reviewed the
exemption request and finds that
granting the proposed exemption will
not result in a violation of the Atomic
Energy Act of 1954, as amended, the
Commission’s regulations, or other laws.
As explained as follows, the proposed
exemption will not endanger life or
property, or the common defense and
security, and is otherwise in the public
interest. Therefore, the exemption is
authorized by law.
The exemption presents no undue
risk to the public health and safety and
therefore will not endanger life or
property. Based on the NRC staff’s
evaluation, the NRC staff determined
that the Licensee’s proposed
decommissioning activities do not
present any credible criticality hazards.
Because there are no credible criticality
hazards related to the Licensee’s
proposed decommissioning activities
and because all activities will be
conducted such that subcriticality is
assured under normal and all credible
abnormal conditions, the NRC staff
concludes that the Licensee’s program
will provide reasonable assurance of
adequate protection of the health and
safety of workers and the public.
The exemption is consistent with the
Common Defense and Security because
the NRC staff determined there would
be no impact to the physical protection
plan, emergency preparedness,
environmental monitoring, effluent
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Frm 00070
Fmt 4703
Sfmt 4703
monitoring, or material control and
accountability programs at TMI–2.
Further, as described in the NRC staff’s
safety evaluation, the NRC staff
conducted independent evaluations and
concluded that criticality is not
credible; therefore, an exemption from
criticality monitoring requirements is
warranted. The NRC staff agrees with
the licensee’s conclusion in its
application that the requested
exemption to the requirements of 10
CFR 70.24 does not involve information
or activities that could potentially
impact the common defense and
security. The Licensee demonstrated
that there is no credible criticality
hazard, and the existing administrative
restrictions described in the TMI–2 Fuel
Bearing Material Program prevent
proliferation and limit aggregation. The
elimination of the criticality monitoring
requirements does not involve
information or activities that could
potentially impact the common defense
and security of the United States.
Further, while administrative controls
for geometric spacing are not necessary
because there is not enough UO2 to
assemble an optimal critical
configuration, TMI–2 Solutions will be
implementing local administrative
controls as part of its Fuel Bearing
Material Management Program for the
purpose of defense in depth. These
administrative controls will apply to the
activities which will handle the highest
quantities of fuel bearing material (e.g.,
segmenting the reactor vessel internals
which represent 925 kg UO2 or 68
percent of the SFML). These defense in
depth controls will include control on
the physical location of segmentation
equipment and limiting the number of
waste receptacles (i.e., physical
manifestations of controls on geometric
spacing).
Finally, the NRC staff concludes that
the exemption is in the public interest.
As stated previously, the Licensee
demonstrated that criticality is not
credible during site decommissioning
activities under credible normal and
credible abnormal conditions.
Therefore, conducting criticality
monitoring at TMI–2 would expend
NRC staff inspection and other NRC
staff regulatory resources that could be
used for other activities at the facility.
Additionally, the Licensee states that, if
the exemption request were denied, its
personnel would experience a slight
increase in occupational dose during the
maintenance of criticality monitors,
which would not be consistent with as
low as reasonably achievable principles.
The NRC staff agrees.
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Federal Register / Vol. 88, No. 124 / Thursday, June 29, 2023 / Notices
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
70.17(a), the exemption is authorized by
law, will not endanger life or property
or the common defense and security,
and is otherwise in the interest of the
public. Therefore, the Commission
hereby grants TMI–2 Solutions an
exemption from 10 CFR 70.24 during
decommissioning.
Dated: June 26, 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. 2023–13882 Filed 6–28–23; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2023–174 and CP2023–178;
MC2023–175 and CP2023–179; MC2023–176
and CP2023–180]
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: July 5, 2023.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
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.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
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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
VerDate Sep<11>2014
17:21 Jun 28, 2023
Jkt 259001
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
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2023–174 and
CP2023–178; Filing Title: USPS Request
to Add Priority Mail, First-Class Package
Service & Parcel Select Contract 30 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: June 23, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative:
Christopher C. Mohr; Comments Due:
July 5, 2023.
2. Docket No(s).: MC2023–175 and
CP2023–179; Filing Title: USPS Request
to Add First-Class Package Service &
Parcel Select Contract 3 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: June 23, 2023; Filing Authority: 39
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).
PO 00000
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42111
U.S.C. 3642, 39 CFR 3040.130 through
3040.135, and 39 CFR 3035.105; Public
Representative: Kenneth R. Moeller;
Comments Due: July 5, 2023.
3. Docket No(s).: MC2023–176 and
CP2023–180; Filing Title: USPS Request
to Add First-Class Package Service &
Parcel Select Contract 4 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: June 23, 2023; Filing Authority: 39
U.S.C. 3642, 39 CFR 3040.130 through
3040.135, and 39 CFR 3035.105; Public
Representative: Kenneth R. Moeller;
Comments Due: July 5, 2023.
This Notice will be published in the
Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2023–13835 Filed 6–28–23; 8:45 am]
BILLING CODE 7710–FW–P
OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
Request for Information; National
Strategy for a Sustainable Ocean
Economy
Office of Science and
Technology Policy (OSTP).
ACTION: Notice of request for
information (RFI).
AGENCY:
The Office of Science and
Technology Policy (OSTP) and the
Council on Environmental Quality
(CEQ), on behalf of the interagency
Ocean Policy Committee (OPC), request
input from all interested parties to
inform the development of a National
Strategy for a Sustainable Ocean
Economy (National Strategy). The
National Strategy will describe the
vision, goals, and high-level actions for
a robust, equitable, secure, sustainable
ocean economy enabled by healthy,
resilient ocean ecosystems. It will build
on current Federal, Tribal, Territorial,
State, and regional sustainable ocean
management practices and identify
needs and opportunities to enhance
these efforts with new and emerging
science, technology, knowledge, and
policy. Through this request for
information (RFI), the Ocean Policy
Committee seeks public input on what
the goals and outcomes of the National
Strategy should be, and how the Federal
Government can best advance
sustainable management of ocean,
coastal, and Great Lakes resources and
ecosystems of the United States.
DATES: Responses are due by 11:59 p.m.
Eastern Time on August 28, 2023.
Submissions received after the deadline
may not be taken into consideration.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42109-42111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13882]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0320; NRC-2023-0042]
TMI-2 Solutions; Three Mile Island Nuclear Station, Unit No. 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, or Commission) is
issuing an exemption in response to a September 29, 2022, request from
TMI-2 Solutions, LLC (TMI-2 Solutions, or Licensee) for an exemption
from NRC regulations. The action exempts TMI-2 Solutions from the
requirements to maintain a radiation monitoring system in each area
where licensed special nuclear material is handled, used, or stored
that would energize clearly audible alarm signals if accidental
criticality occurred during decommissioning. In evaluating the
exemption request, the NRC staff determined that the Licensee's
proposed decommissioning activities do not present any credible
criticality hazards.
DATES: The exemption was issued on and was effective on May 2, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0042 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-2023-0042. 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
a.m. and 4 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:
I. Background
TMI-2 Solutions is the holder of Possession Only License (POL) No.
DPR-73 for Three Mile Island Nuclear Station, Unit No. 2 (TMI-2). The
POL provides, among other things, that the facility is subject to all
rules, regulations, and orders of the NRC now or hereafter in effect.
TMI-2 is located in Dauphin County, Pennsylvania.
[[Page 42110]]
The NRC previously granted TMI-2 an exemption from the criticality
accident monitoring requirements of section 70.24 of title 10 of the
Code of Federal Regulations (10 CFR), ``Criticality accident
requirements,'' for Special Nuclear Material (SNM) storage, on June 15,
1992 (ADAMS Accession No. ML20210D729). In its exemption request (ADAMS
Accession No. ML22276A024), the Licensee noted that the June 15, 1992,
exemption stated:
``. . . it is appropriate to request an exemption from 10 CFR 70.24
if an evaluation determines that a potential for criticality does not
exist, as for example where the quantities or form of special nuclear
material make criticality practically impossible or where geometric
spacing is used to preclude criticality.''
The NRC granted the 1992 exemption based on the lack of a credible
criticality hazard related to the storage of fissionable material at
the facility (ADAMS Package Accession No. ML20210D728). That exemption,
however, only covered the initial cleanup of TMI-2 fuel debris.
Consequently, as TMI-2 Solutions progresses to radiological
decommissioning of TMI-2, including activities beyond the initial
cleanup of TMI-2 fuel debris, the 1992 exemption will no longer apply.
Therefore, TMI-2 Solutions requested this exemption from 10 CFR 70.24,
which will extend until license termination.
II. Request/Action
Section 70.24 requires, in relevant part, that each licensee
authorized to possess special nuclear material in a quantity exceeding
700 grams of contained uranium-235, 520 grams of uranium-233, 450 grams
of plutonium, 1,500 grams of contained uranium-235 if no uranium
enriched to more than 4 percent by weight of uranium-235 is present, or
450 grams of any combination thereof, shall maintain a monitoring
system in each area in which such licensed special nuclear material is
handled, used, or stored. The monitoring system must use gamma- or
neutron-sensitive radiation detectors which will energize clearly
audible alarm signals if accidental criticality occurs.
In its exemption application, TMI-2 Solutions states that
criticality is not credible at TMI-2, and therefore it considers an
exemption to 10 CFR 70.24 for a criticality monitoring system to be
appropriate for decommissioning. The licensee states that TMI2-RA-COR-
2022-0008, ``Supplemental Information to License Amendment Request--
Three Mile Island, Unit 2, Decommissioning Technical Specifications,''
demonstrates that the spent fuel mass limit (SFML) associated with
remaining fuel bearing material at TMI-2 is 1361 kilograms (kg) of
uranium oxide (UO2). The licensee notes that this SFML is 24
percent higher than the previous estimate on record for remaining fuel
bearing material at TMI-2, which the NRC staff found to analytically
preclude a credible criticality accident at TMI-2 (ADAMS Accession No.
ML23094A269). The updated SFML result represents a more accurate and
updated calculation from the 1990 SFML calculation. The Licensee
arrived at this updated calculation by taking credit for impurities and
actual enrichment based on the results of physical samples taken during
the defueling effort.
III. Discussion
Pursuant to 10 CFR 70.17(a), ``Specific exemptions,'' the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR part
70 when the exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
interest of the public.
The NRC staff has reviewed the exemption request and finds that
granting the proposed exemption will not result in a violation of the
Atomic Energy Act of 1954, as amended, the Commission's regulations, or
other laws. As explained as follows, the proposed exemption will not
endanger life or property, or the common defense and security, and is
otherwise in the public interest. Therefore, the exemption is
authorized by law.
The exemption presents no undue risk to the public health and
safety and therefore will not endanger life or property. Based on the
NRC staff's evaluation, the NRC staff determined that the Licensee's
proposed decommissioning activities do not present any credible
criticality hazards. Because there are no credible criticality hazards
related to the Licensee's proposed decommissioning activities and
because all activities will be conducted such that subcriticality is
assured under normal and all credible abnormal conditions, the NRC
staff concludes that the Licensee's program will provide reasonable
assurance of adequate protection of the health and safety of workers
and the public.
The exemption is consistent with the Common Defense and Security
because the NRC staff determined there would be no impact to the
physical protection plan, emergency preparedness, environmental
monitoring, effluent monitoring, or material control and accountability
programs at TMI-2. Further, as described in the NRC staff's safety
evaluation, the NRC staff conducted independent evaluations and
concluded that criticality is not credible; therefore, an exemption
from criticality monitoring requirements is warranted. The NRC staff
agrees with the licensee's conclusion in its application that the
requested exemption to the requirements of 10 CFR 70.24 does not
involve information or activities that could potentially impact the
common defense and security. The Licensee demonstrated that there is no
credible criticality hazard, and the existing administrative
restrictions described in the TMI-2 Fuel Bearing Material Program
prevent proliferation and limit aggregation. The elimination of the
criticality monitoring requirements does not involve information or
activities that could potentially impact the common defense and
security of the United States.
Further, while administrative controls for geometric spacing are
not necessary because there is not enough UO2 to assemble an
optimal critical configuration, TMI-2 Solutions will be implementing
local administrative controls as part of its Fuel Bearing Material
Management Program for the purpose of defense in depth. These
administrative controls will apply to the activities which will handle
the highest quantities of fuel bearing material (e.g., segmenting the
reactor vessel internals which represent 925 kg UO2 or 68
percent of the SFML). These defense in depth controls will include
control on the physical location of segmentation equipment and limiting
the number of waste receptacles (i.e., physical manifestations of
controls on geometric spacing).
Finally, the NRC staff concludes that the exemption is in the
public interest. As stated previously, the Licensee demonstrated that
criticality is not credible during site decommissioning activities
under credible normal and credible abnormal conditions. Therefore,
conducting criticality monitoring at TMI-2 would expend NRC staff
inspection and other NRC staff regulatory resources that could be used
for other activities at the facility. Additionally, the Licensee states
that, if the exemption request were denied, its personnel would
experience a slight increase in occupational dose during the
maintenance of criticality monitors, which would not be consistent with
as low as reasonably achievable principles. The NRC staff agrees.
[[Page 42111]]
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
70.17(a), the exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
interest of the public. Therefore, the Commission hereby grants TMI-2
Solutions an exemption from 10 CFR 70.24 during decommissioning.
Dated: June 26, 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. 2023-13882 Filed 6-28-23; 8:45 am]
BILLING CODE 7590-01-P
