[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Notices]
[Pages 787-788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-255]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-003]

 

Consolidated Edison Co. of New York, Inc., (Indian Point Station, 
Unit 1); Exemption

I

    The Consolidated Edison Company of New York, Inc., (the licensee), 
is the holder of Provisional Operating License No. DPR-5 which 
authorizes possession and maintenance of the Indian Point Station, Unit 
1 (IP-1). The license provides, among other things, that the plant is 
subject to all rules, regulations, and orders of the Commission now or 
hereafter in effect.
    The plant is a permanently shutdown light water reactor located at 
the licensee site in Westchester County, New York.

II

    IP-1 has been shut down since October 31, 1974. There is presently 
no fuel in the reactor and, under the terms of an April 14, 1977 
amendment to License No. DPR-5 (Appendix A, Technical Specification 
3.2.1), no fuel may be loaded into the reactor core or moved into the 
reactor containment building without prior review and authorization by 
the Commission. In addition, the Commission revoked authority to 
operate IP-1 by order dated June 19, 1980. In order to reflect the 
permanently shutdown and defueled status of the plant, the NRC is 
granting an exemption from the requirements of 10 CFR 50.120. This rule 
states the following:

     * * * each nuclear power plant licensee, by November 22, 1993, 
shall establish, implement, and maintain a training program derived 
from a systems approach to training as defined in 10 CFR 55.4.

    This exemption will relieve the licensee from all training program 
requirements of 10 CFR 50.120. However, it does not relieve the 
licensee from previous requirements or commitments to train and qualify 
facility personnel.

III

    The NRC may grant exemptions from the requirements of the 
regulations which, pursuant to 10 CFR 50.12(a), are (1) authorized by 
law, will not present an undue risk to the public health and safety, 
and are consistent with the common defense and security; and (2) 
present special circumstances.
    Section 50.12(a)(2)(ii) of 10 CFR part 50 provides that special 
circumstances exist when application of the regulations in the 
particular circumstances would not serve the underlying purpose of the 
rule or is not necessary to achieve the underlying purpose of the rule.
    The purpose of 10 CFR 50.120 is to ensure that civilian nuclear 
power plant operating personnel are trained and qualified to safely 
operate and maintain the facility commensurate with the safety status 
of the facility.
    The licensee in its letter dated July 31, 1993, addressed the 
special circumstances related to the NRC requiring the Indian Point 
training programs to comply with 10 CFR 50.120. The reactor is 
permanently shut down, defueled, and the fuel moved to the spent fuel 
pool.
    The licensee has stated that the training requirements necessary to 
assure adequate protection of the public health and safety in a 
permanently shutdown and defueled facility are significantly less than 
the training requirements necessary to assure the public health and 
safety at an operating facility. The current Indian Point training 
programs for the personnel categories required by 10 CFR 50.120 are as 
follows:

Non-licensed Operators

    At Indian Point, non-licensed operators are known as ``Nuclear 
Plant Operators'' and are trained as part of the IP-2 staff. Their 
training specifically address the IP-1 systems that are required to 
remain in service and also those that support IP-2 operations.

Shift Supervisor

    The Indian Point shift supervisors are known as ``Senior Watch 
Supervisors.'' Individuals in this category are part of the IP-2 staff 
and receive ongoing training under the IP-2 program, which includes 
training on IP-1 activities.

Shift Technical Advisor (STA)

    The Indian Point shift technical advisor is known as ``Watch 
Engineer.'' Individuals in this category are part of the IP-2 staff and 
receive ongoing training under the Indian Point IP-2 program, which 
includes training on IP-1 activities.

Instrumentation and Control, Electrical, and Mechanical Maintenance

    These individuals are part of the Unit 2 staff and receive training 
under the IP-2 training program. The IP-2 program contains training in 
IP-1 activities.

Radiation Protection and Chemistry Technician

    These individuals are part of the IP-2 staff and receive training 
under the IP-2 training program. The IP-2 program contains training in 
IP-1 activities.

Engineering Support

    These individuals are part of the IP-2 staff and receive training 
under the IP-2 training program. The IP-2 program contains training in 
IP-1 activities.
    The tasks and activities associated with maintaining the fuel are 
relatively simple compared to the tasks and activities required to 
maintain an operating nuclear power plant. Therefore, requiring IP-1 to 
comply with the literal training requirements specified in 10 CFR 
50.120 is not necessary to achieve the underlying purpose of the rule.
    The licensee contends that the regulation was established for power 
operation conditions because such conditions could result in the 
potential for an accident with significant offsite consequences. In an 
NRC Show Cause Order to Consolidated Edison dated February 11, 1980, 
the NRC stated that the NRC and the licensee had performed calculations 
that showed that the spent fuel fission products had decayed such that, 
in the event of a loss of water from the spent fuel pool, the fuel 
would adequately cool in air. Since February 11, 1980, the spent fuel 
radionuclides have decayed an additional 13 years which further reduces 
the heat load in the event of a loss of water.
    The staff has also determined that the tasks that remain to be 
performed by the IP-1 staff are fewer in number and significantly less 
complicated than the tasks performed by the staff of an operating 
nuclear plant. Thus, the NRC staff concludes the licensee justification 
for exemption is reasonable based on (1) the significantly reduced risk 
to the public health and safety due to IP-1 being permanently shut 
down, and (2) the reduced number and complexity of tasks to be 
performed by the IP-1 site staff.

IV

    Based on the analyses presented in Section III above, the staff 
concludes that sufficient bases exits for approval of this exemption. 
In addition, the staff finds that the special circumstance present 
satisfies the requirement of 10 CFR 50.12(a)(2)(ii) in that requiring 
compliance with 10 CFR 50.120 is not necessary to achieve the 
underlying purpose of the rule.

V

    Based on the above evaluation, the Commission has determined that, 
pursuant to 10 CFR 50.12(a)(1), this 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.
    Accordingly, the Commission hereby grants Indian Point Station Unit 
1 and exemption to 10 CFR 50.120. This exemption does not relieve the 
licensee of any other training requirements or commitments which they 
have made to the NRC.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (58 FR 67871, dated December 22, 
1993).
    This exemption is effective as of its date of issuance.

    Dated at Rockville, Maryland this 28th day of December 1993.

    For the Nuclear Regulatory Commission.
Brian K. Grimes,
Director, Division of Operating Reactor Support, Office of Nuclear 
Reactor Regulation.
[FR Doc. 94-255 Filed 1-5-94; 8:45 am]
BILLING CODE 7590-01-M