[Federal Register Volume 69, Number 114 (Tuesday, June 15, 2004)]
[Notices]
[Pages 33426-33427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13367]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-206, 50-361, and 50-362]
Southern California Edison Company, San Onofre Nuclear Generating
Station; Exemption From Certain Low-Level Waste Shipment Tracking
Requirements in 10 CFR Part 20 Appendix G
1.0 Background
The Southern California Edison Company (SCE) is the licensee and
holder of Facility Operating License Nos. DPR-13, NPF-10, and NPF-15
issued for San Onofre Nuclear Generating Station (SONGS) Units 1, 2,
and 3, respectively, located in San Diego County, California. SONGS
Unit 1 is a permanently shutdown nuclear reactor facility while Units 2
and 3 are operating reactors. Beginning around 1999, the amount of
radioactive waste shipped from the site significantly increased. The
majority of the radioactive waste generated by the site is related to
Unit 1 decommissioning activities. Inherent to the decommissioning
process, large volumes of slightly contaminated concrete rubble and
debris are generated that require shipment for disposal in offsite low-
level radioactive waste burial sites. Due primarily to the volume of
radioactive waste, SCE has encountered an increase in the number of
routine shipments that take longer than 20 days from transfer to the
shipper to receipt acknowledgment from the burial site. Each shipment
with receipt notifications greater than 20 days requires a special
investigation and report to the Nuclear Regulatory Commission (NRC)
which the licensee believes to be burdensome and unnecessary to meet
the intent of the regulation.
2.0 Request/Action
In a letter to the Commission dated January 26, 2004, SCE requested
an exemption from the requirements in 10 CFR Part 20, Appendix G,
Section III.E, to investigate and file a report to the NRC if shipments
of low-level radioactive waste are not acknowledged by the intended
recipient within 20 days after transfer to the shipper. This exemption
would extend the time period that can elapse during shipments of low-
level radioactive waste before SCE is required to investigate and file
a report to the NRC from 20 days to 35 days. The exemption would be
limited to rail and combination truck/rail shipping methods. The
exemption request is based on a statistical analysis of the historical
data of low-level radioactive waste shipment times from the licensee's
site to the disposal site.
3.0 Discussion
The proposed action would grant an exemption to extend the 20-day
investigation and reporting requirements for shipments of low-level
radioactive waste to 35 days. Since 1999, SCE has made over 150
shipments of low-level radioactive waste as part of the decommissioning
efforts at the facility. MHF Logistical Solutions is the rail broker
company used by SCE to perform these shipments. MHF Logistical
Solutions has a tracking system that monitors the progress of the
shipments from their originating point at SONGS to their final
destination at Envirocare of Utah, Inc. The shipments are made by
either rail or combination truck/rail and, according to SCE, the
transportation time alone takes over 16 days on average, with one
shipment taking 57 days.
In addition, administrative procedures at Envirocare and mail
delivery can add up to 11 additional days. Based on historical data and
estimates of the remaining waste at SONGS Unit 1, SCE could have to
perform over 100 investigations and reports to the NRC during the next
five years if the 20-day notification criteria is maintained. The
licensee affirms that the low-level radioactive waste shipments will
always be tracked throughout transportation until they arrive at their
intended destination. SCE believes that the need to investigate, trace,
and report to the NRC on the shipment of low-level radioactive waste
packages not reaching their destination within 20 days does not serve
the underlying purpose of the rule and is not necessary. As a result,
SCE states that granting this exemption will not result in an undue
hazard to life or property.
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 if it determines the
exemption is authorized by law and would not result in undue hazard 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 based on the statistical analysis
of low-level radioactive waste shipments from the SONGS site, the need
to investigate and report on shipments that take longer than 20 days
could result in an excessive administrative burden on the licensee. The
Commission asserts that the underlying purpose of the rule is to
investigate a late shipment that may be lost, misdirected, or diverted.
Because of the oversight and monitoring of radioactive waste shipments
throughout the entire journey from SONGS to the disposal site, it is
unlikely that a shipment could be lost, misdirected, or diverted
without the knowledge of the carrier or SCE. Furthermore, by extending
the elapsed time for receipt acknowledgment to 35 days before requiring
investigations and reporting, a reasonable upper limit on shipment
duration (based on historical analysis) is still maintained if a
breakdown of normal tracking systems were to occur. Consequently, the
Commission finds that there is no hazard to life or property by
extending the investigation and reporting time for low-level
radioactive waste shipments from 20 days to 35 days for rail and
combination truck/rail shipments. Therefore, the Commission concludes
that the underlying purpose of 10 CFR Part 20, Appendix G, Section
III.E will be met.
[[Page 33427]]
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
20.2301, the exemption requested by SCE in its January 26, 2004, letter
is authorized by law and will not result in undue hazards to life or
property. Therefore, the Commission hereby grants SCE an exemption to
extend the 20-day investigation and reporting requirements for
shipments of low-level radioactive waste, as required by 10 CFR Part
20, Appendix G, Section III.E, to 35 days.
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 69 FR 23229 (April 28, 2004).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 2nd day of June, 2004.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Acting Director, Division of Waste Management and Environmental
Protection, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-13367 Filed 6-14-04; 8:45 am]
BILLING CODE 7590-01-P