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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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