[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4683-4684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2601]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-003]


Consolidated Edison Company of New York Inc. (Indian Point Unit 
No. 1); Order Approving Decommissioning Plan and Authorizing 
Decommissioning of Facility

    By application dated October 17, 1980, as revised October 13, 1981; 
July 31, 1986; March 28, 1988; August 10, 1989; March 28 and July 17, 
1990; February 5, April 2, July 31, September 20, and October 12, 1993; 
May 13 and August 11, 1994; and July 19, 1995; Consolidated Edison 
Company of New York, Inc. (the licensee) requested the U.S. Nuclear 
Regulatory Commission (the Commission, NRC) to approve its proposed 
Decommissioning Plan (Plan) for Indian Point Unit No. 1 (IP-1) and an 
amendment to Provisional Operating License No. DPR-5 and the associated 
Technical Specifications (TSs) to make them consistent with the 
Decommissioning Plan. The Decommissioning Plan proposes long-term safe 
storage (SAFSTOR) of IP-1 spent fuel and residual radioactivity until 
the adjacent Indian Point Unit No. 2 (IP-2) has been permanently shut 
down. The licensee must submit a detailed dismantling plan for NRC 
review and approval prior to major dismantlement activities at IP-1.
    Notice of Consideration of Issuance of Amendment and Opportunity 
for Prior Hearing was published in the Federal Register on December 31, 
1985, (50 FR 53407). No request for a hearing or petition for leave to 
intervene was filed following notice of the proposed action.
    The Commission has reviewed the application with respect to the 
provisions of the Commission's rules and regulations and has found that 
decommissioning as stated in the Plan is consistent with the 
regulations in 10 CFR Chapter I and will not be inimical to the common 
defense and security or to the health and safety of the public. The 
basis for these findings is given in the concurrently issued Safety 

[[Page 4684]]
Evaluation by the NRC Office of Nuclear Reactor Regulation.
    The Decommissioning Plan supplements the IP-1 Safety Analysis 
Report. Accordingly, a license condition has been added allowing the 
licensee to make changes to the Decommissioning Plan and Safety 
Analysis Report after performing a review based upon criteria similar 
to the criteria of Title 10 of the Code of Federal Regulations (10 CFR 
50.59) to ensure that such changes do not involve an unreviewed safety 
question.
    The Commission has prepared an Environmental Assessment and Finding 
of No Significant Impact for the proposed action. The Commission has 
determined that the proposed action will not result in any significant 
environmental impact and that an environmental impact statement need 
not be prepared. The Notice of Issuance of Environmental Assessment was 
published in the Federal Register on January 31, 1996.
    Accordingly, pursuant to Sections 103, 161b, 161i, and 161o of the 
Atomic Energy Act of 1954, as amended, and 10 CFR 50.82, the Commission 
approves the proposed Decommissioning Plan, dated October 17, 1980, as 
revised, and authorizes decommissioning of the IP-1 facility in 
accordance with the Decommissioning Plan and the Commission's rules and 
regulations, subject to the following conditions:
    (a)(1) The approved Decommissioning Plan supplements the Final 
Safety Analysis Report (FSAR) and the licensee may (i) make changes in 
the facility or procedures as described in the FSAR or the 
Decommissioning Plan and (ii) conduct tests, or experiments not 
described in the FSAR or Decommissioning Plan, without prior Commission 
approval, unless the proposed changes, tests or experiments involve (a) 
a change in the Technical Specifications (TSs) incorporated in the 
license or (b) an unreviewed safety question, or (c) major 
dismantlement activities such as removal of the reactor pressure vessel 
or other major radioactive components.
    (2) A proposed change, test, or experiment shall be deemed to 
involve an unreviewed safety question (i) if the probability of 
occurrence or the consequences of an accident or malfunction of 
equipment important to safety previously evaluated in the FSAR and/or 
the Decommissioning Plan may be increased or (ii) if the possibility of 
an accident or malfunction of a different type than evaluated 
previously in the FSAR and/or the Decommissioning Plan may be created; 
or (iii) if the margin of safety as defined in the basis for any TS is 
reduced.
    (b)(1) The licensee shall maintain records of changes in the 
facility and of changes in procedures made pursuant to this section if 
these changes constitute changes in the facility or procedures as 
described in the FSAR or Decommissioning Plan. The licensee shall also 
maintain records of tests and experiments carried out pursuant to 
paragraph (a) of this section. These records must include a written 
safety evaluation that provides the basis for determining that the 
changes, tests, or experiments do not involve an unreviewed safety 
question.
    (2) The licensee shall annually submit, as specified in 10 CFR 
50.4, a report containing a brief description of any changes, tests, 
and experiments, including summaries of the safety and environmental 
evaluation of each.
    (3) The licensee shall maintain the records of changes in the 
facility until the date of termination of the license and shall 
maintain the records of changes in procedures and records of tests and 
experiments for 3 years.
    (c) If the licensee desires (1) a change in the TSs, or (2) to (i) 
make a change in the facility or the procedures described in the FSAR 
or Decommissioning Plan, or (ii) conduct tests or experiments that are 
not described in the FSAR or Decommissioning Plan, and such changes, 
tests, or experiments involve an unreviewed safety question, a change 
in the TSs, or major dismantlement activities, the licensee shall 
submit an application to amend its license pursuant to 10 CFR 50.90.
    For further details with respect to this action, see: (1) The 
licensee's application for authorization to decommission the facility, 
dated October 17, 1980, as revised; (2) Amendment No. to License No. 
DPR-5; (3) the related NRC Safety Evaluation; and (4) the NRC 
Environmental Assessment and Finding of No Significant Impact. These 
documents are available for public inspection at the NRC Public 
Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC, 
and at the White Plains Public Library, 100 Martine Avenue, White 
Plains, New York.

    Dated at Rockville, Maryland, this 31st day of January 1996.

    For the Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 96-2601 Filed 2-6-96; 8:45 am]
BILLING CODE 7590-01-P