TMI-2 Solutions, LLC; Three Mile Island Nuclear Station, Unit 2, 46200-46201 [2023-15331]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46200-46201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15331]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-320; NRC-2023-0117]


TMI-2 Solutions, LLC; Three Mile Island Nuclear Station, Unit 2

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 request dated May 17, 2023, from TMI-2 
Solutions, LLC (TMI-2S), for the Three Mile Island Nuclear Station, 
Unit 2 (TMI-2), that permits TMI-2S to investigate, trace, and report 
to the NRC any low-level radioactive waste shipment or part of a 
shipment for which acknowledgement of receipt is not received by TMI-2S 
within 45 days after transfer, rather than the 20 day requirement that 
is currently delineated in the NRC's regulations.

DATES: The exemption was issued on July 5, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0117 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-2023-0117. 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, at 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: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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: The text of the exemption is attached.

    Dated: July 14, 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 No. 50-320

TMI-2Solutions, LLC

Three Mile Island Station, Unit 2

Exemption From Certain Low-Level Waste Shipment Tracking Requirements

I. Background

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
license for Three Mile Island Station, Unit 2 (TMI-2) is Possession 
Only License No. DPR-73. TMl-2Solutions, LLC (TMI-2S) 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.
    TMI-2S is currently decommissioning the TMI-2 facility. Inherent 
to the decommissioning process, large volumes of low-level 
radioactive waste are generated. This low-level radioactive waste 
requires processing and disposal or disposal without processing, as 
appropriate. To this end, TMI-2S will transport, by truck or by 
mixed mode shipments like a combination of truck and rail, low-level 
radioactive waste from TMI-2 to locations such as waste disposal 
facilities owned by EnergySolutions in Clive, Utah, and Waste 
Control Specialists in Andrews, TX.

II. Request/Action

    By letter dated May 17, 2023, TMI-2 Solutions, LLC (TMI-2S) 
submitted an exemption request (Agencywide Document Access and 
Management System (ADAMS) Accession No. ML23137A282). TMI-2S 
requests an exemption from certain requirements of 10 CFR 20, 
appendix G, section III.E, ``Requirements for Transfers of Low-Level 
Radioactive Waste Intended for Disposal at Licensed Land Disposal 
Facilities and Manifests.'' Specifically, TMI-2S requests an 
exemption from the requirement to investigate and report to the 
Nuclear Regulatory Commission (NRC) when notification of receipt of 
a shipment, or part of a shipment, of low-level radioactive waste is 
not received within 20 days after transfer. TMI-2S is requesting 
that the time to receive acknowledgement that a shipment has been 
received by the intended recipient be extended from 20 days to 45 
days for low-level radioactive waste shipments from the TMI-2 
facility. Further, TMI-2S states that the requested exemption would 
be applicable to shipments from TMI-2 by rail or by mixed 
transportation modes, such as a combination of truck/rail shipments.

III. Discussion

    The NRC's regulations at 10 CFR 20.2301, ``Applications for 
exemptions,'' allow the Commission to grant exemptions from the 
requirements of the regulations in 10 CFR part 20 if it determines 
the exemption is authorized by law and would not result in undue 
hazard to life or property.

A. The Exemption is Authorized by Law

    The requested exemption from 10 CFR part 20, appendix G, section 
III.E would extend the receipt acknowledgment period from 20 days to 
45 days before TMI-2S would have to investigate, trace, and report 
on the status of a low-level radioactive waste shipment being 
transported from TMI-2 to a licensed low-level radioactive waste 
processing or land disposal facility. As stated above, 10 CFR 
20.2301 allows the NRC to grant exemptions from the requirements of 
10 CFR part 20 when, in part, the exemptions are authorized by law. 
The NRC determined that the requested exemption is permissible under 
the Atomic Energy Act of 1954, as amended, and other regulatory 
requirements. Therefore, the NRC finds that the requested exemption 
is authorized by law.

B. The Exemption Would Not Result in Undue Hazard to Life or 
Property

    As stated in Enclosure 1 to SECY-18-0055, ``Proposed Rule: 
Regulatory Improvements for Production and Utilization Facilities 
Transitioning to Decommissioning'' (ADAMS Package Accession No. 
ML18012A019), the underlying purpose of 10 CFR part 20, appendix G, 
section III.E is to require licensees to investigate, trace, and 
report on low-level radioactive waste shipments that have not 
reached their destination, as scheduled, for unknown reasons.
    In its exemption request, TMI-2S stated that for rail shipments 
from TMI-2, a tracking system will be utilized that allows daily 
monitoring of a shipment's progress to its destination. Shipping 
procedures prescribe the expectations for tracking and 
communications during transit. As a result of these controls that 
will remain in place during the extended time, granting an exemption 
to TMI-2S for shipments of low-level radioactive waste to disposal 
facilities

[[Page 46201]]

or waste processors from 20 to 45 days will not result in an undue 
hazard to life or property. In its exemption request, TMI-2S stated 
that it will be transporting low-level radioactive waste from the 
TMI-2 facility to distant locations such as the waste disposal 
facilities owned by EnergySolutions in Clive, Utah, and Waste 
Control Specialists in Andrews, TX. TMI-2 plans to ship most of the 
waste to these disposal facilities or intermediate processors by 
rail. TMI-2S stresses that industry experience from other 
decommissioning projects shipping large quantities of low level 
radwaste to offsite disposal facilities, has shown that rail and 
mixed mode shipments can routinely take longer than 20 days, 
resulting in an excessive administrative burden due to the required 
investigations and reporting. Further, TMI-2S states that there are 
various reasons for these delays that cannot be anticipated or 
avoided and that are beyond the control of the shipper. Extending 
the time for receipt notification to 45 days before requiring 
investigation and reporting is a reasonable upper limit on shipment 
duration if a shipment is delayed, and does not create an undue 
hazard to life or property.
    In support of its exemption request, TMI-2S identified the NRC 
staff statement in Enclosure 1 to SECY-18-0055 that ``operating 
experience indicates that, while the 20-day receipt notification 
window is adequate for waste shipments by truck, other modes of 
shipment such as rail, barge, or mixed-mode shipments, such as 
combinations of truck and rail, barge and rail, and barge and truck 
shipments, may take more than 20 days to reach their destination due 
to delays in the route that are outside the shipper's control (e.g., 
rail cars in switchyards waiting to be included in a complete train 
to the disposal facility).'' On this basis, the NRC staff proposed 
to amend 10 CFR part 20, appendix G, section III.E requirement to 
extend the receipt notification window to 45 days. TMI-2S also 
stated that its exemption request is similar to those previously 
submitted to and approved by the NRC for San Onofre Nuclear 
Generating Station (ML20287A358), Fort Calhoun Station 
(ML20162A155), Vermont Yankee Nuclear Power Station (ML20017A069), 
La Crosse Boiling Water Reactor (ML17124A210), and Zion Nuclear 
Power Station (ML15008A417). Also, TMI-2S states that ``[B]ased on 
ample industry decommissioning experience, TMI-2S anticipates the 
total transit time between when a waste shipment leaves the TMI-2 
site until verification of receipt is received for the shipment at 
the waste disposal facility will, at times, exceed 20 days. The NRC 
staff note that all of the licensees that requested and were granted 
this exemption, previously had at least once missed 20-day receipt 
notification window. The NRC staff believe that due to the location 
of TMI-2 to low level waste disposal facilities (located at West) 
and the use or the rail system, that it is likely that without the 
exemption, TMI-2 would likely be in a similar situation to the 
licensees referenced above due to the rail transport system 
practices. Such rail delays, though, is not indicative of loss, but 
has shown in the past by other licensees to be a consequence of the 
complexity involved in shipping by rail.
    TMI-2S further stated that although the proposed exemption from 
certain reporting requirements of 10 CFR 20, appendix G, section 
III.E is unrelated to any facility operation. TMII-2S said in its 
request that it will request daily updates be provided identifying 
the location of the shipment from the appropriate carrier. As a 
result, TMI-2S explains that it will be unlikely that a shipment 
could be lost, misdirected, or diverted without the knowledge of the 
carrier or TMI-2S personnel. According to TMI-2S, exceeding the 20-
day requirement results in the ``excessive administrative burden'' 
of investigating and reporting, even though the shipments continue 
to be under requisite controls.
    The NRC staff notes that the shipments are compliant with the 
Department of Transportation and NRC requirements for low-level 
radioactive waste packaging, placarding, and radiation levels for 
health and safety purposes during transit, including during 
switchyard staging. Therefore, there are no potential health or 
safety concerns associated with these shipments sitting in a 
switchyard for an extended period of time or taking more than 20 
days overall.
    Based on the history of low-level radioactive waste shipments 
from other Nuclear Power Plants in decommissioning and the lack of 
potential health or safety concerns associated with these shipments 
sitting in a switchyard for an extended period of time or taking 
more than 20 days overall, the need to investigate, trace, and 
report on these shipments that take longer than 20 days but not 
longer than 45 days is inappropriate. The NRC staff believes that 
the application of 45 days as an upper bound is appropriate for the 
same reasons as presented in Enclosure 1 to SECY-18-0055.
    Additionally, as indicated in the exemption request, for truck 
and rail shipments from TMI-2, TMI-2S will use a tracking system 
that allows daily monitoring of a shipment's progress to its 
destination and TMI-2 shipping procedures prescribe the expectations 
for tracking and communications during transit. The NRC staff notes 
that this will allow for monitoring the progress of shipments on a 
daily basis, if needed, in lieu of the 20-day requirement, and will 
initiate an investigation as provided for by 10 CFR part 20, 
appendix G, section III.E after 45 days. Because of this oversight 
and the ability to monitor low-level radioactive waste shipments 
throughout the entire journey from TMI-2 to a disposal or processing 
facility, the staff concludes that it is unlikely that a shipment 
could be lost, misdirected, or diverted without the knowledge of the 
carrier or TMI-2S and that, therefore, there is no potential health 
or safety concern presented by the requested exemption. Furthermore, 
by extending the time for receipt acknowledgment to 45 days before 
requiring investigations, tracing, and reporting, a reasonable upper 
limit on shipment duration is maintained in the event that a 
breakdown of normal tracking systems was to occur.
    Based on the above, the NRC staff finds that the requested 
exemption would not result in undue hazard to life or property.

C. Environmental Considerations

    With respect to compliance with section 102(2) of the National 
Environmental Policy Act of 1969, as amended (NEPA), the NRC staff 
has determined that the proposed action, the approval of the TMI-2S 
exemption request, is within the scope of the categorical exclusion 
at 10 CFR 51.22(c)(25). The proposed granting of the exemption from 
certain requirements of the NRC's regulations at 10 CFR part 20, 
appendix G, section III.E, would: (i) present no significant hazards 
consideration; (ii) not result in a significant change in the types 
or significant increase in the amounts of any effluents that may be 
released offsite; (iii) not result in a significant increase in 
individual or cumulative public or occupational radiation exposure; 
(iv) have no significant construction impact; and (v) not result in 
a significant increase in the potential for or consequences from 
radiological accidents. Additionally, the requirements from which 
the exemption is sought involve reporting requirements under 10 CFR 
51.22(c)(25)(vi)(B) and inspection or surveillance requirements 
under 10 CFR 51.22(c)(25)(vi)(C). Given the applicability of a 
relevant categorical exclusion, no further analysis is required 
under NEPA.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 
CFR 20.2301, the exemption is authorized by law and will not result 
in undue hazard to life or property. Therefore, effective 
immediately, the Commission hereby grants TMI-2S an exemption from 
10 CFR part 20, appendix G, section III.E, to extend the receipt of 
notification period from 20 days to 45 days after transfer for rail 
or mixed-mode shipments of low-level radioactive waste from TMI-2 to 
a licensed land disposal or processing facility.
    Dated: July 5, 2023.

    For the Nuclear Regulatory Commission.

/RA/

Jane E. Marshall,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2023-15331 Filed 7-18-23; 8:45 am]
BILLING CODE 7590-01-P