[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Notices]
[Pages 59319-59320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23947]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-338, 50-339, 50-280, 50-281, 72-16 and 72-2]


North Anna Power Station, Units 1 and 2 and Surry Power Station, 
Units 1 and 2; North Anna and Surry Independent Spent Fuel Storage 
Installations; Exemption

1.0 Background

    The Virginia Electric and Power Company (the licensee) is the 
holder of Facility Operating License Nos. NPF-4, NPF-7, DPR-32, and 
DPR-37, which authorize operation of the North Anna and Surry Power 
Stations, Units 1 and 2, respectively. In addition, the licensee is the 
holder of Special Nuclear Material License Nos. SNM-2507 and SNM-2501 
for the Independent Spent Fuel Storage Installations (ISFSIs) at the 
North Anna and Surry Power Stations, respectively. These licenses 
provide, among other things, that the facilities are subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    North Anna Power Station consists of two pressurized-water reactors 
and an ISFSI located in Louisa County in the Commonwealth of Virginia. 
Surry

[[Page 59320]]

Power Station consists of two pressurized-water reactors and an ISFSI 
located in Surry County in the Commonwealth of Virginia.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Sec.  
40.64(b) requires that each licensee authorized to possess at any one 
time and location more than 1,000 kilograms of uranium or thorium, or 
any combination of uranium or thorium, shall submit to the NRC within 
30 days after September 30 of each year a statement of its foreign 
origin source material inventory. This statement is to be submitted to 
the address specified in the reporting instructions and include the 
Reporting Identification Symbol assigned by the NRC to the licensee.
    The licensee, in its submittal dated November 5, 2001, proposed an 
exemption from 10 CFR 40.64(b) to allow for the reporting of foreign 
origin source material inventory to be made in conjunction with their 
material status reporting. By letter dated December 29, 2000, the staff 
approved of the licensee's request to submit the material status 
reports as of June 30 and December 31 of each year and to file these 
reports within 30 days after the end of the reporting period. This 
proposed exemption would allow for the annual statement of foreign 
origin source material inventory to be submitted once each year 
concurrently with a material status report. The licensee is proposing 
this reporting schedular change to avoid diverting personnel resources 
from refueling activities and post-refueling accountability to the 
preparation of foreign origin source material inventory reports.

3.0 Discussion

    Pursuant to 10 CFR 40.14(a), the Commission may, upon application 
by any interested person or upon its own initiative, grant exemptions 
from the requirements of 10 CFR part 40 when the exemptions 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 staff has determined that an exemption would be required to 
approve of the use of the alternate reporting dates for the foreign 
origin source material inventory. The staff examined the licensee's 
rationale to support the exemption request and concluded that the 
alternate dates would meet the underlying purpose of 10 CFR part 40. An 
alternative reporting date for the foreign origin source material 
inventory does not present any risk to the public health and safety. In 
addition, this exemption will not change the physical inventory of 
uranium or thorium or any combination of uranium or thorium at the 
plant, nor will this exemption change the amount or form of data 
required to be submitted to the staff by 10 CFR 40.64(b). The annual 
accounting and subsequent statement of foreign origin source material 
inventory will still be performed and the criteria for performing this 
accounting will not be affected.
    The staff has examined the licensee's rationale to support the 
exemption request and concludes that the exemption meets the criteria 
of 10 CFR 40.14(a) and is appropriate and does not reduce the overall 
effectiveness of the licensee's foreign origin source material tracking 
program or the information required for submittal in accordance with 10 
CFR 40.64(b).

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
40.14(a), the exemption is authorized by law and will not endanger life 
or property or the common defense and security and is otherwise in the 
public interest. Therefore, the Commission hereby grants the licensee 
an exemption from the requirements of 10 CFR 40.64(b), for North Anna 
and Surry Power Stations, Units 1 and 2, and their respective ISFSIs.
    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 (67 FR 58437).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 16th day of September, 2002.

    For the Nuclear Regulatory Commission.
John A. Zwolinski,
Director, Division of Licensing Project Management, Office of Nuclear 
Regulation.
[FR Doc. 02-23947 Filed 9-19-02; 8:45 am]
BILLING CODE 7590-01-P