[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 394-396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-312]
Sacramento Municipal Utility District; Rancho Seco Nuclear
Generating Station; Partial Exemption from Requirements of 10 CFR
50.719(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B
1.0 Background
Sacramento Municipal Utility District (SMUD) is the licensee and
holder of Facility Operating License No. DPR-54 for the Rancho Seco
Nuclear Generating Station (Rancho Seco), a permanently shutdown
decommissioning nuclear plant. Although permanently shutdown, this
facility is still subject to all rules, regulations, and orders of the
U.S. Nuclear Regulatory Commission (NRC).
The Sacramento Municipal Utility District (SMUD) shut down Rancho
Seco Nuclear Generating Station permanently on June 7, 1989, after
approximately 15 years of operation. On August 29, 1989, SMUD formally
informed the NRC that the plant was shut down permanently. On May 20,
1991, SMUD submitted the Rancho Seco decommissioning plan and on March
20, 1995, the NRC issued an Order approving the decommissioning plan
and authorizing the decommissioning of Rancho Seco.
SMUD began actively decommissioning Rancho Seco in February 1997,
and completed the transfer of all of the spent nuclear fuel to the 10
CFR Part 72 licensed Independent Spent Fuel Storage Installation
(ISFSI) on August 21, 2002. Accordingly, the only quality-related
structures, systems, or components (SSCs) at the Rancho Seco 10 CFR
Part 50 licensed site are the radioactive sources used to calibrate the
instrumentation used to measure radioactivity in gaseous and liquid
effluents.
Plant dismantlement is substantially (approximately 80%) complete
and most of the SSCs that were safety-related or important-to-safety
have been removed from the plant and shipped for disposal. The
pressurizer was shipped to Envirocare for disposal in April 2004,
removal of the steam generators is in progress with both steam
generators scheduled to be shipped to Envirocare by spring 2005 (one by
the end of 2004 and the second in spring 2005), and activities in
preparation for the reactor vessel internals segmentation are underway
and mobilization of the segmentation contractor is scheduled to begin
in early 2005.
On September 2, 2004, SMUD filed a request for NRC approval of a
partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR 50, Appendix A; and 10 CFR 50, Appendix B.
2.0 Request/Action
Pursuant to the requirements of 10 CFR 50.71(d)(2) and 10 CFR
50.12, SMUD requested partial exemption to the recordkeeping
requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; CFR Part
50, Appendix B. This exemption request was characterized as ``partial''
because the exemption would apply only to the disposal of hardcopies of
records, prior to termination of the Rancho Seco license, that: (1) Are
associated with the operation, design, fabrication, erection, and
testing of structures, systems, and components (SSCs) that are no
longer quality-related or important to safety or have been removed from
the plant for disposal; and (2) require storage in their original hard
copy format due to practical and feasibility limitations associated
with transferring them to microfilm or microfiche.
Most of these records are for SSCs that have been removed from
Rancho Seco and disposed of off-site. Disposal of these records will
not adversely impact the ability to meet other NRC regulatory
requirements for the retention of records [e.g., 10 CFR 50.54(a), (p),
(q), and (bb); 10 CFR 50.59(d); 10 CFR 50.75(g); etc.]. These
regulatory requirements ensure that records from operation and
decommissioning activities are maintained for safe decommissioning,
spent nuclear fuel storage, completion and verification of final site
survey, and license termination.
3.0 Discussion
NRC licensees are required to maintain their records according to
the NRC regulatory recordkeeping requirements. Pursuant to the
requirements of 10 CFR 50.12, ``Specific Exemptions,'' and 10 CFR
50.71(d)(2), SMUD filed a request for a partial exemption from the NRC
regulatory recordkeeping requirements contained in 10 CFR 50.71(c), 10
CFR 50, Appendix A, and 10 CFR 50, Appendix B. The NRC recordkeeping
requirements at issue in SMUD's request for exemption are as follows.
10 CFR 50.71, ``Maintenance of records, making of reports,''
subpart (c) states: Records that are required by the regulations in
this part, by license condition, or by technical specifications,
must be retained for the period specified by the appropriate
regulation, license condition, or technical specification. If a
retention period is not otherwise specified, these records must be
retained until the Commission terminates the facility license.
10 CFR 50, Appendix A, ``General Design Criteria for Nuclear Power
Plants,'' establishes the necessary design, fabrication, construction,
testing, and performance requirements for structures, systems, and
components important to safety; that is, structures, systems, and
components that provide reasonable assurance that the facility can be
operated without undue risk to the health and safety of the public.
Specifically, SMUD requests an exemption from Criterion 1, `` Quality
standards and records,'' which states in part:
Appropriate records of the design, fabrication, erection, and
testing of structures, systems, and components important to safety
shall be maintained by or under the control of the nuclear power
unit licensee throughout the life of the unit.''
10 CFR 50, Appendix B, ``Quality Assurance Criteria for Nuclear
Power Plants and Fuel Reprocessing Plants,'' establishes quality
assurance requirements for the design, construction, and operation of
structures, systems, and components that prevent or mitigate the
consequences of postulated accidents that could cause undue risk to the
health and safety of the public. Specifically, SMUD requests an
exemption from Criterion XVII, ``Quality Assurance Records,'' which
states:
Sufficient records shall be maintained to furnish evidence of
activities affecting quality. The records shall include at least the
following: Operating logs and the results of reviews, inspections,
tests, audits, monitoring of work performance, and materials
analyses. The records shall also include closely-related data such
as qualifications of personnel, procedures, and equipment.
Inspection and test records shall, as a minimum, identify the
inspector or data recorder, the type of observation, the results,
the acceptability, and the action taken in connection with any
deficiencies noted. Records shall be identifiable and retrievable.
[[Page 395]]
Consistent with applicable regulatory requirements, the applicant
shall establish requirements concerning record retention, such as
duration, location, and assigned responsibility.
Exemption Requirements
As stated in 10 CFR 50.12, ``[t]he Commission may, upon application
by any interested person or upon its own initiative, grant exemptions
from the requirements of the regulations of this part.'' In order to
permit specific exemptions from the requirements of this part the
criteria of 10 CFR 50.12(a)(1) and the requirements of 10 CFR
50.12(a)(2) must be met.
10 CFR 50(a)(1) requires three criteria to be met before an
exemption can be granted: first, the exemptions must be authorized by
law; second, the exemption must not present an undue risk to the public
health and safety; and third, it must be consistent with the common
defense and security. In addition, for the Commission to consider
granting an exemption from the requirements of Part 50, special
circumstances as required by 10 CFR 50.12(a)(2) must be present. The
special circumstance at issue in the present request for exemption is
50.12(a)(2)(ii) which states, ``[a]pplication of the regulation in the
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the
rule.'' The application of the three criteria in 50.12(a)(1) and the
requirement of special circumstances in 50.12(a)(2) are addressed
below.
Specific Exemption Is Authorized by Law
The partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B,
as requested for the hard copy records described above is authorized by
law. Specifically, 10 CFR 50.71(d)(2) allows for the granting of
specific exemptions to the record retention requirements specified in
the regulations.
NRC regulation 10 CFR 50.71(d)(2) states, in part:
the retention period specified in the regulations in this part for
such records shall apply unless the Commission, pursuant to Sec.
50.12 of this part, has granted a specific exemption from the record
retention requirements specified in the regulations in this part.
Based on 10 CFR 50.71(d)(2), since the specific exemption
requirements of 10 CFR 50.12 are satisfied as described below, the
exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10
CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B is authorized
by law.
Specific Exemption Will Not Present an Undue Risk to the Public Health
and Safety
With all of the spent nuclear fuel transferred to the Rancho Seco
ISFSI, there is insufficient radioactive material remaining on the
Rancho Seco 10 CFR Part 50 licensed site to pose any significant
potential risk to the public health and safety under any credible event
scenario. This provides additional assurance that the partial exemption
for the specified hard copy records will not present any reasonable
possibility of undue risk to the public health and safety.
In two letters dated February 5, 2002, the NRC granted Amendment
Nos. 129 and 130 to the Rancho Seco Operating License (Possession
Only). These amendments deleted definitions, LCOs, surveillance
requirements, and administrative requirements from the 10 CFR Part 50
Technical Specifications on the basis that all of the spent nuclear
fuel was transferred to the Rancho Seco ISFSI. In a letter dated
October 10, 2002, the NRC issued an exemption from 10 CFR Part 50
security requirements and Amendment No. 131 to the Rancho Seco
Operating License to reflect this security exemption. Hence, the NRC
has already concurred with the conclusion that granting regulatory
exemptions will have no reasonable possibility of presenting any undue
risk to the public health and safety.
The partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B,
for the hard copy records described above is administrative in nature
and will have no impact on any remaining decommissioning activities or
on radiological effluents. The exemption will merely advance the
schedule for destruction of the specified hard copy records.
Considering the content of these records, the elimination of these
records on an advanced timetable will have no reasonable possibility of
presenting any undue risk to the public health and safety.
Specific Exemption Consistent With the Common Defense and Security
The partial exemption from the recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR Part 50, Appendix B,
for the types of hard copy records described above is consistent with
the common defense and security as defined in the Atomic Energy Act (42
U.S.C. 2014, Definitions) and in 10 CFR 50.2 ``Definitions.'' The
partial exemption requested does not impact remaining decommissioning
activities and does not involve information or activities that could
potentially impact the common defense and security of the United
States.
Rather, the exemption requested is administrative in nature and
would merely advance the current schedule for destruction of the
specified hard copy records. Considering the content of these records,
the elimination of these records on an advanced timetable has no
reasonable possibility of having any impact on national defense or
security. Therefore, the partial exemption from the recordkeeping
requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; and 10 CFR
Part 50, Appendix B, for the types of hard copy records described above
is consistent with the common defense and security.
Special Circumstances
The current status of Rancho Seco facility, 80% dismantled and all
irradiated fuel transferred to the ISFSI, constitutes special
circumstances which will allow the NRC to consider granting the partial
exemption requested. Consistent with 10 CFR 50.12(a)(2)(ii), applying
the recordkeeping requirements of 10 CFR 50.71(c), 10 CFR Part 50,
Appendix A, and 10 CFR Part 50, Appendix B to the continued storage of
the hard copy records described previously is not necessary to achieve
the underlying purpose of the rules.
The underlying purpose of the subject recordkeeping regulations is
to ensure that the NRC staff has access to information that, in the
event of an accident, incident, or condition that could impact public
health and safety, would assist in the recovery from such an event and
could also help prevent future events or conditions that could
adversely impact public health and safety. Additionally, the NRC staff
would access the records as part of the normal inspection process
related to the subject SSCs.
Given the current status of Rancho Seco decommissioning, the
records that would be subject to early destruction would not provide
the NRC with information that would be pertinent or useful. The types
of records that would fall under the exemption would include hard copy
radiographs, vendor equipment technical manuals, and recorder charts
associated with operating nuclear power plant SSCs that had been
classified as important to safety during power operations, but that are
no longer classified as important to safety, are no longer operational,
or have
[[Page 396]]
removed from the Rancho Seco site for disposal.
With the majority of the primary and secondary systems removed for
disposal, the Rancho Seco site no longer houses ``a nuclear power
reactor and associated equipment necessary for electric power
generation.'' Thus, with respect to the underlying intent of the
recordkeeping rules cited above, Rancho Seco is not able to generate
electricity and is no longer a nuclear power unit as defined in 10 CFR
Part 50, Appendix A.
In addition, with all the spent nuclear fuel having been
transferred to the ISFSI, there is not sufficient radioactive material
inventory remaining on the 10 CFR Part 50 licensed site to pose any
significant potential risk to the public health and safety. Thus, there
are no longer any ``structures, systems, and components required to
provide reasonable assurance the facility can be operated without undue
risk to the health and safety of the public.'' This provides additional
assurance that, with respect to the underlying intent of the
recordkeeping rules, Rancho Seco is no longer a nuclear power unit as
defined in 10 CFR Part 50, Appendix A.
Based on the above, application of the subject recordkeeping
requirements to the Rancho Seco hard copy records specified above is
not required to achieve the underlying purpose of the rule. Thus,
special circumstances are present which the NRC may consider, pursuant
to 10 CFR 50.12(a)(2)(ii), to grant the requested exemption.
4.0 Conclusion
The staff agrees that 10 CFR 50.71(d)(2) allows the Commission to
grant specific exemptions to the record retention requirements
specified in regulations provided the requirements of 10 CFR 50.12 are
satisfied.
The staff agrees that the requested partial exemption from the
recordkeeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix
A; 10 CFR Part 50, Appendix B, will not present an undue risk to the
public health and safety. The destruction of the identified hard copy
records will not impact remaining decommissioning activities; plant
operations, configuration, and/or radiological effluents; operational
and/or installed SSCs that are quality-related or important to safety;
or nuclear security.
The staff agrees that the destruction of the identified hard copy
records is administrative in nature and does not involve information or
activities that could potentially impact the common defense and
security of the United States.
The staff agrees that the purpose for the recordkeeping regulations
is to ensure that the NRC Staff has access to information that, in the
event of any accident, incident, or condition that could impact public
health and safety, would assist in the protection of public health and
safety during recovery from the given accident, incident, or condition,
and also could help prevent future events or conditions adversely
impacting public health and safety. Further, since most of the Rancho
Seco SSCs that were safety-related or important-to-safety have been
removed from the plant and shipped for disposal, the staff agrees that
the records identified in the partial exemption would not provide the
NRC with useful information during an investigation of an accident or
incident.
Therefore, the Commission grants SMUD the requested partial
exemption to the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR
Part 50, Appendix A; 10 CFR Part 50, Appendix B, as described in the
September 2, 2004, letter.
Pursuant to 10 CFR Part 51, 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 (69
FR 67371, Nov. 17, 2004).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 23rd day of December, 2004.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 05-23 Filed 1-3-05; 8:45 am]
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