[Federal Register Volume 65, Number 52 (Thursday, March 16, 2000)]
[Notices]
[Pages 14321-14322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6499]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302]


Florida Power Corporation et al. (Crystal River Unit 3); 
Exemption

I

    Florida Power Corporation et al. (FPC or the licensee) is the 
holder of Facility Operating License No. DPR-72, which authorizes the 
operation of Crystal River Unit 3 (CR-3). The license states that the 
licensee is subject to all the rules, regulations, and orders of the 
U.S. Nuclear Regulatory Commission (the Commission or NRC) now or 
hereafter in effect.
    The facility consists of a pressurized-water reactor at the 
licensee's site located in Citrus County, Florida.

II

    Title 10 of the Code of Federal Regulations (10 CFR), Part 70, 
Section 70.51, ``Material balance, inventory, and records 
requirements,'' in sub-section (c) states that ``Each licensee who is 
authorized to possess at any one time special nuclear material in a 
quantity exceeding one effective kilogram of special nuclear material 
shall establish, maintain, and follow written material control and 
accounting procedures that are sufficient to enable the licensee to 
account for the special nuclear material in the licensee's possession 
under license.'' Sub-section (d) states that ``Except as required by 
paragraph (e) of this section, each licensee who is authorized to 
possess at any one time and location special nuclear material in a 
quantity totaling more than 350 grams of contained uranium-235, 
uranium-233, or plutonium, or any combination thereof, shall conduct a 
physical inventory of all special nuclear material in his possession 
under license at intervals not to exceed twelve months.''
    By letter dated July 14, 1999, the licensee requested an exemption 
from the requirement of 10 CFR 70.51(d) that requires a 12-month 
physical inventory of the fuel in the spent fuel pool (SFP) due to the 
positioning of missile shields over the pool. The proposed exemption 
would allow the physical inventory of the special nuclear material 
(SNM) located in the CR-3 SFP to be performed each refueling outage, 
when the missile shields are removed for fuel movement, without having 
to perform physical inventories between outages if the missile shields 
have not been removed for other reasons. In order to perform the 
physical inventory, the licensee must remove four of the missile 
shields, which weigh approximately 6200 pounds each. Approximately two-
man weeks of labor are required to perform the physical inventory if 
shield removal and re-installation are necessary. An exemption from 
this requirement would reduce the burden associated with the physical 
inventories as well as the personal safety risks associated with 
movement of the missile shields.

III

    Pursuant to 10 CFR 70.14, ``Specific exemptions,'' the Commission 
may, upon application of any interested person or upon its own 
initiative, grant such exemptions from the requirements of the 
regulations in this part as it determines are authorized by law and 
will not endanger life or property or the common defense and security 
and are otherwise in the public interest.
    The underlying purpose of the physical inventory required by 10 CFR 
70.51(d) is to verify that the material control and accounting 
procedures are sufficient to enable the licensee to account for the SNM 
in the licensee's possession under license. The CR-3 SFP has missile 
shields installed directly over the SFP to provide protection from 
tornado generated missiles. These shields are required to be installed 
at all times except when performing activities associated with handling 
fuel or pool maintenance. The missile shields weigh approximately 6200 
pounds each and each is secured in place by four bolts. Movement of the 
missile shields requires the use of shield-handling devices and 
auxiliary building cranes.
    The missile shields provide a physical barrier over the entire SFP, 
preventing access to the fuel in the SFP without first removing the 
shields. In addition, when the missile shields are in place, the Fuel 
Handling Bridge is immobilized. Thus, the missile shields serve to 
restrict access to the fuel in the SFP and protect the SNM from 
inadvertent and unauthorized movements or damage. Therefore, while the 
missile shields are installed, the inventory of SNM in the SFP cannot 
change.
    Removal and installation of the SFP missile shields are 
administratively controlled by Refueling Procedure FP-434, ``Spent Fuel 
Pool Missile Shields.'' Prior to movement of any missile shield, the 
Nuclear Shift Manager must be notified. Thus, required adherence to the 
refueling procedures will control access to the SFP by controlling 
movement of the missile shields.
    Instead of performing the physical inventory of SNM in the SFP 
every 12 months, FPC will perform a physical inventory of the SFP 
within 90 days of removing the missile shields over the fuel in the 
SFP, if a physical inventory has not been performed within the 
preceding 12 months. This will allow the physical inventory to be 
performed each refueling outage without having to remove the SFP 
missile shields solely to perform physical inventories between outages.
    Based on the above, the staff finds that an exemption from the 
requirement to perform a physical inventory of the SNM in the SFP every 
12 months is acceptable, in that the missile shields, in conjunction 
with the administrative controls governing their movement, ensure 
proper accountability of the SNM in the SFP between periods when the 
shields are removed.

[[Page 14322]]

IV

    For the foregoing reasons, the NRC staff has determined that the 
proposed alternative measures for physical inventories of SNM in the 
CR-3 spent fuel pool continue to meet the requirements of 10 CFR 70.51 
when the missile shields, which represent a physical barrier, are in 
place. A specific exemption is granted to the requirements in 10 CFR 
70.51(d) for conducting a twelve-month physical inventory of SNM 
located in the CR-3 spent fuel pool.
    Accordingly, the Commission has determined that the proposed 
change: (1) is authorized by law; (2) will not endanger life or 
property; (3) will not endanger the common defense and security; and 
(4) is otherwise in the public interest. Therefore, the Commission 
hereby grants Florida Power Corporation the following exemption:

    The Florida Power Corporation, et al., is exempt from the 
requirements of 10 CFR 70.51(d) with respect to performing a 
physical inventory of the special nuclear material in the Crystal 
River Unit 3 spent fuel pool every 12 months. A physical inventory 
of the special nuclear material in the spent fuel pool will be 
conducted within 90 days of removal of the missile shields over the 
fuel in the spent fuel pool, if a physical inventory has not been 
performed within the preceding 12 months. This exemption only 
applies to the special nuclear material located in the Crystal River 
Unit 3 spent fuel pool.

    Pursuant to 10 CFR 51.32, the Commission has determined that this 
exemption will not have a significant effect on the quality of the 
human environment (65 FR 12592).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 9th day of March 2000.
    For the Nuclear Regulatory Commission.

John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 00-6499 Filed 3-15-00; 8:45 am]
BILLING CODE 7590-01-P