[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Notices]
[Pages 2241-2243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-757]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-09]


Public Service Company of Colorado, Fort St. Vrain Independent 
Spent Fuel Storage Installation; Exemption

I

    Public Service Company of Colorado (PSCo, the licensee) holds 
Materials

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License SNM-2504 for receipt and storage of spent nuclear fuel at an 
independent spent fuel storage installation (ISFSI) located on the Fort 
St. Vrain (FSV) site. The facility is located in Weld County, Colorado.

II

    Pursuant to 10 CFR 72.7, the Nuclear Regulatory Commission (NRC) 
may grant exemptions from the requirements of the regulations in 10 CFR 
Part 72 as it determines are authorized by law, will not endanger life 
or property or the common defense and security, and are otherwise in 
the public interest.
    Section 72.32(b)(12) states in part that ``each application for an 
ISFSI that is licensed under this part and that may process and/or 
repackage spent fuel, must be accompanied by an Emergency Plan that 
includes * * * provisions for conducting quarterly communications 
checks with offsite response organizations and biennial onsite 
exercises to test response to simulated emergencies.'' Section 
6.6.1(b)(2) of the PSCo ISFSI Emergency Response Plan (ERP) (Revision 
2, (submitted September 6, 1996), includes a provision to conduct a 
biennial exercise of the ERP as required by 10 CFR 72.32(b)(12).

III

    By letter dated July 31, 1998, the licensee requested an exemption, 
pursuant to 10 CFR 72.7, from the biennial emergency response exercise 
requirement of 10 CFR 72.32(b)(12)(I). In its submittal, the licensee 
stated that it its currently due to perform a biennial emergency 
exercise in December 1998. The licensee further requested that, in 
approving the requested exemption, the NRC approve postponing the 
biennial exercise for six months until June 1999. The circumstances 
associated with PSCo's request are described below.
    The United States Department of Energy (DOE) has submitted a 
request to transfer Materials License SNM-2504 for the FSV ISFSI from 
PSCo to DOE. This request, submitted on December 17, 1998, is currently 
under NRC staff review. The completion of this review and transfer of 
the license is anticipated in early 1999. To prepare for assuming the 
responsibilities associated with the FSV ISFSI license, DOE has been 
developing programs and modifying PSCo programs for routine and non-
routine operation of the ISFSI. As part of this preparation, DOE 
performed an emergency response exercise on September 23, 1998, at the 
FSV ISFSI. This exercise, which was developed and executed by DOE and 
its agents, demonstrated the response of existing local emergency 
responders, including local law enforcement and local ambulance 
services, as well as the response of DOE's emergency response 
organization.
    As current holder of the FSV ISFSI license, PSCo is required, 
pursuant to 10 CFR 72.32(b)(12)(I), to hold an emergency response 
exercise biennially. The next scheduled emergency exercise for PSCo 
should be conducted in December 1998. PSCo, in its exemption request, 
describes the extensive coordination with local community responders 
who are required to perform an emergency exercise. The exemption is 
requested to relieve the burden imposed on the local community 
responders by having to prepare for and perform two emergency exercises 
between September 1998 (the DOE exercise) and December 1998 (the PSCo 
exercise which is currently due).
    The NRC conducted an inspection of the September 23, 1998, DOE 
emergency exercise and documented the results of that inspection in a 
report, IR 72-09/98-201, dated December 28, 1998. In IR 72-09/98-201, 
the staff stated:

    ``On September 23, 1998, DOE-ID conducted a second exercise at 
the FSV site to demonstrate that adequate corrective actions had 
been taken to resolve the weaknesses identified during the May, 1997 
exercise. The September, 1998 exercise scenario was a very 
challenging accident involving the dropping of a fuel storage 
container resulting in high radiation exposures, contamination, and 
serious injury of a worker. Correction of the program weaknesses 
identified in the May, 1997 exercise were adequately demonstrated 
except for radiological controls. In addition, a new problem was 
identified concerning medical treatment of a seriously injured 
person. The hospital, which had a Memorandum of Understanding with 
FSV, was not equipped or staffed to accept serious head trauma 
cases. These types of injuries would be routed to another hospital 
in Denver. FSV did not have any arrangement with the other hospital 
in Denver to accept a contaminated person. On November 29, 1998, 
DOE-ID established a Memorandum of Understanding with North Colorado 
Medical Center to accept and treat contaminated and injured persons. 
North Colorado Medical Center is qualified to accept all levels of 
injuries including serious head injuries.
    The radiological control problem identified in the May 1997 
exercise concerned the inability of the emergency responders to 
adequately address radiological problems. In the September, 1998 
exercise, the scenario presented an even more significant 
radiological condition with very high radiation and contamination 
levels. Lack of adequate radiological controls during the emergency 
response, resulted in emergency response personnel receiving 
unnecessarily high exposures. Examples include: evacuating personnel 
leaving the affected area proceeding through the high radiation 
area, and the ambulances arriving and parking in the high radiation 
area. Consequently, both the command post and ambulances became 
contaminated. Radiological controls were simulated by the radiation 
protection technician, because he did not have time to implement the 
necessary actions.
    For activities associated with the FSV facility, the type of 
problems presented during the scenario would not occur, except 
during the movement of fuel. Regarding the radiological problems 
that occurred in both exercises, the lack of sufficient personnel 
available to implement radiological controls was a key factor. 
Having a second radiation protection technician available onsite at 
FSV during the event could have prevented a number of the observed 
problems. DOE-ID concurred with this assessment and committed to 
revise their procedures to require a second qualified radiation 
protection individual to be onsite during any fuel movement 
activities. This has been entered into the DOE-ID process deficiency 
report system as PDR #5079.''

    During the September 23, 1998 exercise, the staff observed that 
local community emergency organizations responded in a timely manner. 
In addition, the staff observed that some of the current PSCo staff of 
the FSV ISFSI will be retained as facility staff when DOE assumes the 
license. These staff, who participated in the DOE sponsored exercise, 
will ensure continuity in both routine and emergency operation. Based 
on the above, the staff concludes that the emergency response 
capability, including the response of local community responders and 
onsite staff has been adequately exercised and that an additional 
exercise, conducted by PSCo during December 1998 is not necessary.

IV

    Accordingly, NRC has determined, in accordance with 10 CFR 72.7 
that 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. Therefore, NRC hereby grants the licensee an exemption 
from the biennial emergency exercise requirement of 10 CFR 
72.32(b)(12(I) as requested by letter dated July 31, 1998.
    The documents related to this proposed action are available for 
public inspection and for copying at the NRC Public Document Room, 2120 
L Street, NW, Washington, DC 20555. Pursuant to 10 CFR 51.32, NRC has 
determined that granting this exemption will have no significant impact 
on the quality of the human environment (63 FR 72337).
    This exemption is effective upon issuance. The exemption expires 
June 30, 1999, or upon transfer of SNM-2504 to the Department of 
Energy, whichever occurs first.


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    Dated at Rockville, Maryland, this 31st day of December 1998.

    For the Nuclear Regulatory Commission.
William F. Kane,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-757 Filed 1-12-99; 8:45 am]
BILLING CODE 7590-01-P