[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Notices]
[Pages 40389-40390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19803]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-244]


Rochester Gas and Electric Corporation, R. E. Ginna Nuclear Power 
Plant

Exemption

I

    The Rochester Gas and Electric Corporation (the licensee) is the 
holder of Facility Operating License No. DPR-18, which authorizes 
operation of the R. E. Ginna Nuclear Power Plant. The license provides 
that the licensee is subject to all rules, regulations, and orders of 
the U.S. Nuclear Regulatory Commission (NRC or the Commission) now or 
hereafter in effect.
    The facility consists of a pressurized-water reactor at the 
licensee's site located in Wayne County, New York.

II

    The Code of Federal Regulations at 10 CFR 70.24, ``Criticality 
Accident Requirements,'' requires that each licensee authorized to 
possess special nuclear material shall maintain a criticality accident 
monitoring system in each area in which such material is handled, used, 
or stored. Sections 70.24 a(1) and a(2) specify detection and 
sensitivity requirements that these monitors must meet. Section 70.24 
a(1) also specifies that all areas subject to criticality accident 
monitoring must be covered by two detectors. Section 70.24(a)(3) 
requires licensees to maintain emergency procedures for each area in 
which this licensed special nuclear material is handled, used, or 
stored and provides (1) that the procedures ensure that all personnel 
withdraw to an area of safety upon the sounding of a criticality 
accident monitor alarm, (2) that the procedures must include drills to 
familiarize personnel with the evacuation plan, and (3) that the 
procedures designate responsible individuals for determining the cause 
of the alarm and placement of radiation survey instruments in 
accessible locations for use in such an emergency. Section 70.24(b)(1) 
requires licensees to have a means by which to quickly identify 
personnel who have received a dose of 10 rads or more. Section 
70.24(b)(2) requires licensees to maintain personnel decontamination 
facilities, to maintain arrangements for a physician and other medical 
personnel qualified to handle radiation emergencies, and to maintain 
arrangements for the transportation of contaminated individuals to 
treatment facilities outside the site boundary. Section 70.24(c) 
exempts Part 50 licensees from the requirements of 10 CFR 70.24(b) for 
special nuclear material used or to be used in the reactor. Subsection 
70.24(d) states that any licensee who believes that there is good cause 
why he should be granted an exemption from all or part of 10 CFR 70.24 
may apply to the Commission for such an exemption and shall specify the 
reasons for the relief requested.

III

    The special nuclear material that could be assembled into a 
critical mass at the R. E. Ginna Nuclear Power Plant is in the form of 
nuclear fuel; the quantity of special nuclear material other than fuel 
that is stored on site is small enough to preclude achieving a critical 
mass. The Commission's technical staff has evaluated the possibility of 
an inadvertent criticality of the nuclear fuel at the R. E. Ginna 
Nuclear Power Plant and has determined that such an accident is 
unlikely to occur if the licensee meets the following eight criteria:
    1. Plant procedures do not permit more than one PWR fuel assembly 
or three BWR fuel assemblies to be in storage or transit between their 
associated shipping cask or storage rack at one time.
    2. The requirement is met that k-effective not exceed 0.95, at a 
95% probability, 95% confidence level with the fresh fuel storage racks 
filled with fuel of maximum permissible U-235 enrichment and flooded 
with pure water.
    3. The requirement is met that k-effective not exceed 0.98, at a 
95% probability, 95% confidence level with the fresh fuel storage racks 
filled with fuel at the maximum permissible U-235 enrichment and 
flooded with moderator at the (low) density corresponding to optimum 
moderation.
    4. The requirement is met that k-effective not exceed 0.95, at a 
95% probability, 95% confidence level with the spent fuel storage racks 
filled with fuel of the maximum permissible U-235 enrichment and 
flooded with pure water.
    5. The quantity of forms of special nuclear material, other than 
nuclear fuel, such as sources or detectors, that are stored onsite in 
one area, is less than that necessary for a critical mass.
    6. Radiation monitors, as required by GDC 63, are provided in fuel 
storage and handling areas to detect excessive radiation levels and to 
initiate appropriate safety actions.
    7. The maximum nominal U-235 enrichment is 5 wt%.
    8. Training is provided to the appropriate personnel for safely 
handling fresh fuel.
    By letter dated June 5, 1997, Rochester Gas and Electric 
Corporation requested an exemption from 10 CFR 70.24. In this exemption 
request, the licensee addressed the eight criteria given above. The NRC 
staff has reviewed the licensee's submittal and has determined that the 
R. E. Ginna Nuclear Power Plant meets the criteria for prevention of 
inadvertent criticality; therefore, the staff has determined that an 
inadvertent criticality is highly unlikely in special nuclear material 
handling or storage areas at the R. E. Ginna Nuclear Power Plant.
    The purpose of the criticality monitors required by 10 CFR 70.24 is 
to ensure that if a criticality were to occur during the handling of 
special nuclear material, personnel would be alerted to that fact and 
would take appropriate action. Although the staff has determined that 
it is highly unlikely that such an accident could occur, the licensee 
has radiation monitors, as required by General Design Criterion 63 
(GDC), in fuel storage and handling areas. These monitors will alert

[[Page 40390]]

personnel to excessive radiation levels and allow them to initiate 
appropriate safety actions. The low probability of an inadvertent 
criticality, together with the licensee's adherence to GDC 63, 
constitutes good cause for granting an exemption to the requirements of 
10 CFR 70.24.

IV

    The Commission has determined that, pursuant to 10 CFR 70.14, this 
exemption is authorized by law, will not endanger life or property or 
the common defense and security, and is otherwise in the public 
interest; herefore, the Commission hereby grants the following 
exemption:
    The Rochester Gas and Electric Corporation is exempt from the 
requirements of 10 CFR 70.24 for the R. E. Ginna Nuclear Power Plant.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment 62 FR 38590.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 16th day of July 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-19803 Filed 7-25-97; 8:45 am]
BILLING CODE 7590-01-U