Yankee Atomic Electric Company; Yankee Atomic Power Station; Exemption, 38194-38195 [2024-09910]

Download as PDF 38194 Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Notices independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.3 I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded Dated: April 15, 2024. For the Nuclear Regulatory Commission. Carrie Safford, Secretary of the Commission. ATTACHMENT 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding Day Event/activity 0 .............................. Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: (i) supporting the standing of a potential party identified by name and address; and (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI. If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. 10 ............................ 60 ............................ 20 ............................ 25 ............................ 30 ............................ 40 ............................ A .............................. A + 3 ....................... A + 28 ..................... A + 53 ..................... A + 60 ..................... [FR Doc. 2024–08312 Filed 5–6–24; 8:45 am] BILLING CODE 7590–01–P Yankee Atomic Electric Company; Yankee Atomic Power Station; Exemption Nuclear Regulatory Commission. AGENCY: ACTION: 3 Requestors should note that the filing requirements of the NRC’s E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR VerDate Sep<11>2014 15:55 May 06, 2024 Jkt 262001 Notice; issuance. 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to appeals of NRC staff determinations (because they must be served on a presiding officer PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to the May 4, 2023, request from Yankee Atomic Electric Company (YAEC), for the Yankee Nuclear Power Station (YNPS or Yankee Rowe) located in Rowe, Massachusetts. The exemption permits YAEC to make withdrawals from a separate account within YAEC’s overall nuclear decommissioning trust (NDT), on an annual basis, for spent nuclear fuel (SNF) and Greater than Class C SUMMARY: NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–29 and 72–31; NRC–2024– 0067] khammond on DSKJM1Z7X2PROD with NOTICES contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. E:\FR\FM\07MYN1.SGM 07MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Notices (GTCC) waste management and nonradiological site restoration without prior notification to the NRC. DATE: The exemption was issued on April 11, 2024. ADDRESSES: Please refer to Docket ID NRC–2024–0067 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–2024–0067. 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, at 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: 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 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: Tilda Liu, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 404–997– 4730, email: Tilda.Liu@nrc.gov. SUPPLEMENTARY INFORMATION: By letter dated May 4, 2023 (ADAMS Accession No. ML23157A101), YAEC submitted a request to the NRC for an exemption from paragraphs 50.82(a)(8)(i)(A) and 50.75(h)(2) of title 10 of the Code of Federal Regulations (10 CFR) for the YNPS Independent Spent Fuel Storage Installation 1 (ISFSI). 1 As discussed in this document, the Yankee Rowe ISFSI sits on the former site of Yankee Rowe, which YAEC finished decommissioning in 2007. VerDate Sep<11>2014 15:55 May 06, 2024 Jkt 262001 YAEC has established a separate (segregated) account within its overarching NDT, entitled ‘‘ISFSI Radiological Decom,’’ that identifies the funds for radiological decommissioning of the ISFSI apart from the larger balance of funds in the NDT allocated for ongoing management of SNF and GTCC waste and for non-radiological site restoration activities. Although 10 CFR 50.82 applies to the segregated account, it does not apply to the overall NDT. The exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) allows YAEC to make withdrawals from the segregated account, on an annual basis, for SNF and GTCC waste management and non-radiological site restoration without prior notification to the NRC. More specifically, with this exemption, YAEC can annually transfer funds exceeding 110 percent of the inflationadjusted Decommissioning Cost Estimate, described in 10 CFR 50.75, from the segregated account to its overarching NDT and use those funds for SNF and GTCC waste management and non-radiological site restoration. Based on the review, the NRC determined that, pursuant to 10 CFR 50.12(a), the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, the NRC determined that special circumstances are present. Therefore, the NRC granted YAEC an exemption from the requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) to permit YAEC to make withdrawals from the segregated account, on an annual basis, for SNF and GTCC waste management and nonradiological site restoration without prior notification to the NRC. All other relevant requirements shall be met. On April 11, 2024, the NRC issued an exemption for YAEC (ADAMS Package Accession No. ML23298A052). The NRC staff also prepared an environmental assessment and finding of no significant impact regarding the proposed exemption request, published in the Federal Register on April 9, 2024 (89 FR 24877), and concluded that the proposed exemption would not have a significant impact on the quality of the human environment. Although only the Yankee Rowe ISFSI remains on the site, YAEC’s 10 CFR part 50 license, Facility Operating License No. DPR–3, remains in effect. Because YAEC requested an exemption from the requirements of 10 CFR part 50, this would be an exemption for YAEC’s 10 CFR part 50 license rather than for YAEC’s 10 CFR part 72 general license. Therefore, although YAEC’s submission requested an exemption for the Yankee Rowe ISFSI, the NRC staff will consider it a request for an exemption for YNPS. PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 38195 Dated: May 2, 2024. For the Nuclear Regulatory Commission. Yoira Diaz-Sanabria, Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2024–09910 Filed 5–6–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2023–0169] Information Collection: Fitness for Duty Programs Nuclear Regulatory Commission. ACTION: Renewal of existing information collection; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, ‘‘Fitness for Duty Programs.’’ DATES: Submit comments by July 8, 2024. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website: • Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0169. 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. • Mail comments to: David Cullison, Office of the Chief Information Officer, Mail Stop: T–6 A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 2084; email: Infocollects.Resource@ nrc.gov. SUMMARY: E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38194-38195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09910]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-29 and 72-31; NRC-2024-0067]


Yankee Atomic Electric Company; Yankee Atomic Power Station; 
Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to the May 4, 2023, request from Yankee Atomic 
Electric Company (YAEC), for the Yankee Nuclear Power Station (YNPS or 
Yankee Rowe) located in Rowe, Massachusetts. The exemption permits YAEC 
to make withdrawals from a separate account within YAEC's overall 
nuclear decommissioning trust (NDT), on an annual basis, for spent 
nuclear fuel (SNF) and Greater than Class C

[[Page 38195]]

(GTCC) waste management and non-radiological site restoration without 
prior notification to the NRC.

DATE: The exemption was issued on April 11, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0067 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-2024-0067. 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: Tilda Liu, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 404-997-4730, email: [email protected].

SUPPLEMENTARY INFORMATION: By letter dated May 4, 2023 (ADAMS Accession 
No. ML23157A101), YAEC submitted a request to the NRC for an exemption 
from paragraphs 50.82(a)(8)(i)(A) and 50.75(h)(2) of title 10 of the 
Code of Federal Regulations (10 CFR) for the YNPS Independent Spent 
Fuel Storage Installation \1\ (ISFSI).
---------------------------------------------------------------------------

    \1\ As discussed in this document, the Yankee Rowe ISFSI sits on 
the former site of Yankee Rowe, which YAEC finished decommissioning 
in 2007. Although only the Yankee Rowe ISFSI remains on the site, 
YAEC's 10 CFR part 50 license, Facility Operating License No. DPR-3, 
remains in effect. Because YAEC requested an exemption from the 
requirements of 10 CFR part 50, this would be an exemption for 
YAEC's 10 CFR part 50 license rather than for YAEC's 10 CFR part 72 
general license. Therefore, although YAEC's submission requested an 
exemption for the Yankee Rowe ISFSI, the NRC staff will consider it 
a request for an exemption for YNPS.
---------------------------------------------------------------------------

    YAEC has established a separate (segregated) account within its 
over-arching NDT, entitled ``ISFSI Radiological Decom,'' that 
identifies the funds for radiological decommissioning of the ISFSI 
apart from the larger balance of funds in the NDT allocated for ongoing 
management of SNF and GTCC waste and for non-radiological site 
restoration activities. Although 10 CFR 50.82 applies to the segregated 
account, it does not apply to the overall NDT.
    The exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) allows 
YAEC to make withdrawals from the segregated account, on an annual 
basis, for SNF and GTCC waste management and non-radiological site 
restoration without prior notification to the NRC. More specifically, 
with this exemption, YAEC can annually transfer funds exceeding 110 
percent of the inflation-adjusted Decommissioning Cost Estimate, 
described in 10 CFR 50.75, from the segregated account to its 
overarching NDT and use those funds for SNF and GTCC waste management 
and non-radiological site restoration.
    Based on the review, the NRC determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security. Also, the NRC determined that special 
circumstances are present. Therefore, the NRC granted YAEC an exemption 
from the requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(2) to permit YAEC to make withdrawals from the segregated 
account, on an annual basis, for SNF and GTCC waste management and non-
radiological site restoration without prior notification to the NRC. 
All other relevant requirements shall be met. On April 11, 2024, the 
NRC issued an exemption for YAEC (ADAMS Package Accession No. 
ML23298A052). The NRC staff also prepared an environmental assessment 
and finding of no significant impact regarding the proposed exemption 
request, published in the Federal Register on April 9, 2024 (89 FR 
24877), and concluded that the proposed exemption would not have a 
significant impact on the quality of the human environment.

    Dated: May 2, 2024.

    For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-09910 Filed 5-6-24; 8:45 am]
BILLING CODE 7590-01-P


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