[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Notices]
[Pages 31733-31734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13214]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-206]
Southern California Edison; San Onofre Nuclear Generating
Station, Unit 1 Exemption from Certain Requirements in 10 CFR Part 20
Appendix G
1.0 Background
Southern California Edison (SCE) is the licensee and holder of
Facility Operating License No. DPR-13 for San Onofre Nuclear Generating
Station, Unit 1 (SONGS-1), a permanently shutdown nuclear reactor
facility located in San Diego County, California. When SONGS-1 was
permanently shut down in 1992, SCE's license was amended pursuant to
the Atomic Energy Act and 10 CFR Part 50 to possess, but not operate,
the facility. Although permanently shutdown, the facility is still
subject to all rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (the Commission).
In 1999, the licensee began active decommissioning of SONGS-1 and
[[Page 31734]]
significant dismantlement of the facility has been accomplished to
date. In 2002, the reactor vessel was removed and packaged for
transport and burial at a low-level radioactive waste disposal
facility. The licensee is planning to transport the reactor vessel from
SONGS-1 to the Chem-Nuclear low-level radioactive waste disposal
facility at Barnwell County, South Carolina, by a combination of
overland vehicle, ocean going vessel or barge, and rail transportation.
The shipment is planned to begin sometime in the period between
November 2003, and February 2004. The travel time is estimated to be as
long as 90 days.
2.0 Request/Action
In a letter to the Commission dated March 7, 2003, the licensee
requested a one-time exemption from certain requirements in 10 CFR part
20, appendix G, Section III.E. These requirements would require a
licensee to investigate and file a report with the NRC if a shipment of
radioactive waste is not acknowledged by the intended recipient within
20 days when making a shipment of low-level radioactive waste to a land
disposal facility. The licensee has requested a one-time exemption from
the 20-day investigation and reporting requirements for shipment of the
SONGS Unit 1 reactor vessel since the transport time for the reactor
vessel to the disposal site is currently expected to take as long as 90
days. If the regulation were to be applied to the shipment of the
SONGS-1 reactor vessel, the licensee would be required to investigate,
trace, and submit a report to the Commission on the shipment 20 days
into the approximately 90-day journey to the Barnwell disposal site.
The licensee believes the underlying purpose of the rule is to trace
radioactive shipments which have not reached their destination as
scheduled for unknown reasons. Application of this regulation for
shipment of the SONGS-1 reactor vessel would not be meaningful for a
shipment expected to take up to 90 days.
3.0 Discussion
Pursuant to 10 CFR 20.2301, the Commission may, upon application by
a licensee or upon its own initiative, grant an exemption from the
requirements of regulations in 10 CFR part 20, appendix G, section
III.E if it determines the exemption is authorized by law and would not
result in undue hazards to life or property.
There are no provisions in the Atomic Energy Act (or in any other
Federal statute) that impose a requirement to investigate and report on
low-level radioactive waste shipments that have not been acknowledged
by the recipient within 20 days of transfer. Therefore, the Commission
concludes that there is no statutory prohibition on the issuance of the
requested exemption and the Commission is authorized to grant the
exemption by law.
The Commission acknowledges that investigation of the shipment
status well before its expected completion would not be meaningful. The
Commission also agrees with the licensee that the underlying purpose of
the rule is to investigate a late shipment that may be lost,
misdirected, or diverted. Because of the particular circumstances of
this shipment and the massive size and weight of the reactor vessel,
special planning, shipping arrangements, oversight, and monitoring will
be needed throughout the entire journey from SONGS-1 to the disposal
site. It is unlikely that the shipment could be lost, misdirected, or
diverted without the knowledge of the carrier or the licensee.
Furthermore, there is no need to specify any arbitrary time to complete
the shipment. Because the nature of this shipment will necessitate
considerable oversight well beyond that employed for most low-level
radioactive waste shipments, the Commission finds that there is no
hazard to life or property by not investigating, tracing, and reporting
on the reactor vessel shipment 20 days into its potential 90-day
journey. Therefore, the Commission concludes that the underlying
purpose of 10 CFR part 20, appendix G, section III.E will be met.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
20.2301, the exemption requested by SCE in its March 7, 2003 letter is
authorized by law and will not result in undue hazards to life or
property. Therefore, the Commission hereby grants SCE a one-time
exemption from the need to investigate, trace, and report on the
shipment of the SONGS-1 reactor vessel when the reactor vessel is not
received and acknowledged by the land disposal site at Barnwell, SC,
within 20 days from the start of the shipment as required by 10 CFR
part 20, appendix G, section III.E.
Pursuant to 10 CFR 51.31, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment as documented in Federal Register
notice 68 FR 20033.
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 15th day of May, 2003.
For the Nuclear Regulatory Commission.
John T. Greeves,
Director, Division of Waste Management, Office of Nuclear Material
Safety, and Safeguards.
[FR Doc. 03-13214 Filed 5-27-03; 8:45 am]
BILLING CODE 7590-01-P