[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Pages 54587-54589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5023]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-213]
Connecticut Yankee Atomic Power Company, Haddam Neck Plant;
Partial Exemption from Requirements of 10 CFR Part 50 Appendix A,
Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and 10 CFR
50.59(d)(3)
1.0 Background
Connecticut Yankee Atomic Power Company (CY) is the licensee and
holder of Facility Operating License No. DPR-61 for the Haddam Neck
Plant (HNP), 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).
On December 5, 1996, CY notified NRC that operations had
permanently ceased and that all fuel had been permanently removed from
the reactor. On July 7, 2000, CY submitted its License Termination Plan
(LTP), which the NRC approved on November 25, 2002.
CY began actively decommissioning HNP in April 1999, through a
contract with Bechtel Power Corporation. In June 2003, CY began
managing the decommissioning using staff augmentation and
subcontractors for speciality work.
The nuclear reactor and all associated systems and components
necessary for the safe generation of power have been removed from the
facility and disposed or sold off-site. Additionally, the structures
necessary for safe power generation are either demolished or in an
advanced state of demolition. There are no safety-related structures,
systems and components (SSCs) remaining at the HNP. Transfer of the
spent fuel (SF) and greater-than-Class C (GTCC) waste from the SF pool
to the HNP Independent Spent Fuel Storage Installation (ISFSI) was
completed on March 30, 2005, but the SF pool has not yet been drained,
so it is not ready for demolition.
On February 16, 2005, CY filed a request for NRC approval of an
exemption from the recordkeeping requirements of 10 CFR Part 50
Appendix A, Criterion 1, 10 CFR Part 50 Appendix B, Criterion XVII, and
10 CFR 50.59(d)(3).
2.0 Request/Action
Pursuant to the requirements of 10 CFR 50.12, CY requested the
following exemption, to the extent necessary, from the record retention
requirements of:
(1) 10 CFR Part 50 Appendix A, Criterion 1, which requires certain
records be retained ``throughout the life of the unit'';
(2) 10 CFR Part 50 Appendix B, Section XVII, which requires certain
records be retained consistent with applicable regulatory requirements
for a duration established by the licensee; and
(3) 10 CFR Part 50.59(d)(3), which requires certain records be
maintained until ``termination of a license issued pursuant to'' Part
50.
CY proposes to eliminate these records when: (1) The nuclear power
unit and associated support systems no longer exist for SSCs associated
with safe power generation, or (2) spent nuclear fuel has been
completely transferred from the spent fuel pool and the building is
ready for demolition.
CY is not requesting any exemption associated with record keeping
requirements for storage of spent fuel at its ISFSI under 10 CFR Part
50 or the general license requirements of 10 CFR Part 72.
Most of these records are for SSCs that have been removed from HNP
and disposed of offsite. 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 50.57(g)]. 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,'' CY filed a
request for a partial exemption from the NRC recordkeeping requirements
contained in 10 CFR Part 50 Appendix A, Criterion 1, 10 CFR Part 50
Appendix B, Criterion XVII, and 10 CFR 50.59 (d)(3). The NRC
recordkeeping requirements at issue in CY's request for exemption are
as follows.
10 CFR Part 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. Specifically, CY 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 Part 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, CY
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.
Consistent with applicable regulatory requirements, the applicant
shall establish requirements concerning record retention, such as
duration, location, and assigned responsibility.
CY also requests an exemption from 10 CFR 50.59(d)(3), which
states: ``The records of changes in the facility must be maintained
until the termination of a license issued pursuant to this part or
[[Page 54588]]
the termination of a license issued pursuant to 10 CFR Part 54,
whichever is later. Records of changes in procedures and records of
tests and experiments must be maintained for a period of 5 years.''
Exemption Requirements
In order to be granted an exemption from the requirements of 10 CFR
Part 50, Appendix A, Criterion I, Appendix B, Criterion XVII, and 10
CFR 50.59(d)(3), the licensee must meet the requirements of 10 CFR Part
50.12(a)(1), and demonstrate that special circumstances, as defined in
10 CFR 50.12(a)(2) exist. In its exemption request dated February 16,
2005, CY provides the following justification for granting the
exemption request and regulatory basis for meeting the requirements of
10 CFR 50.12(a)(1), and that the special circumstances, as defined in
10 CFR 50.12(a)(2), exist:
I. General Justification for Granting the Exemption Request
A. Nuclear Power Generation SSCs
The HNP power generation unit no longer exists. Its systems and
components have been removed to various offsite disposal facilities or
reuse applications. The structures that have not yet been fully
demolished have been remediated or partially demolished to the point of
rendering them useless for any application. The general justification
for disposition of records associated with these SSCs is that the SSCs
no longer exist, they no longer serve, nor can they conceivably serve,
any function regulated by the NRC.
While the safe power generation SSCs no longer exist, the HNP site
and the power generation ``footprint'' continue to be under NRC
regulation due, primarily, to presence of residual radioactivity. The
radiological controls (and other programmatic controls such as quality
assurance) of the ``footprint'' and the implementation of cleanup
criteria are fully covered through the current plant documents such as
the updated Final Safety Analysis Report (UFSAR), which includes the
HNP License Termination Plan and the Quality Assurance Program. These
programmatic elements and their associated records are unaffected by
the exemption request.
B. Spent Fuel and Associated SSCs
With all spent fuel and GTCC transferred from the spent fuel pool
(SFP) to the ISFSI on March 30, 2005, the SFP and its associated SSCs
no longer have a safety function. All records necessary for spent fuel
storage have been retained for the ISFSI. Similar to the power
generation SSC records, once the SFP is drained and ready for
demolition, there is no safety-significance or other regulatory value
in retaining SFP SSC records. Also, similar to the power generation
``footprint'', the SFP SSCs ``footprint'' is included under the
radiological control provided by the UFSAR, Quality Assurance Program,
and their programmatic elements.
Finally, CY believes that when the NRC developed record retention
requirements, there was little, if any discussion related to
decommissioning facilities. In the case of ISFSI records, however,
recent clarification was provided. Specifically, when updating 10 CFR
72.48 requirements (72.48 is the dry fuel storage equivalent of 10 CFR
50.59), the NRC clarified the retention period for records for changes
in the facility or spent fuel storage cask design to be until ``* * *.
Spent fuel is no longer stored in the facility'' (10 CFR
72.48(d)(3)(I). This is analogous to what CY is requesting--retention
of related records until fuel is no longer stored in the SFP and the
SFP building is ready for demolition.
C. ISFSI SSCs and Spent Nuclear Fuel
CY is not requesting any exemption associated with retention of
these records.
II. Specific Justification for Exemptions and Special Circumstances
A. Specific Exemption Is Authorized by Law
The CY exemption request to reduce record retention durations is
authorized by law and within the Commission's authority. CY believes
that the Commission would have made these clarifying changes to the
regulations had there been sufficient industry experience in performing
decommissioning and license termination at Part 50 facilities when the
record retention rules were originally promulgated.
B. Specific Exemption Will Not Present an Undue Risk to the Public
Health and Safety
The public health and safety are not affected by the proposed
exemption. Removal of the underlying SSCs associated with the records
has been already determined by CY, in accordance with 10 CFR 50.59, to
have no adverse public health and safety impact. Elimination of
associated records for these SSCs will not impact health and safety.
C. Specific Exemption Consistent With the Common Defense and Security
CY believes that the elimination of these 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.
D. Special Circumstances
Further CY provides the following regulatory basis for meeting the
requirements of:
10 CFR 50.12(a)(2)(ii)
``Application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule * * *''
The common and underlying purpose for the regulations cited above
is to ensure that the current license and design basis of the facility
is understood, documented, preserved and retrievable. The current
license basis encompasses all those elements of SSCs functionally
necessary to ensure, within the boundaries of nuclear regulation, safe
operation of the facility. In order to ensure future safe operation, a
license basis is maintained current by evaluating changes against up-
to-date information. The terms such as ``safety functions'', and ``safe
operation'' is meaningless if a facility has been dismantled and
disposed. In this case, retention of records associated with
nonexistent SSCs serves no safety or regulatory purpose. Therefore,
application of these record requirements in CY's circumstances does not
serve the underlying purpose of the regulations.
10 CFR 50.12(a)(2)(iii)
``Compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted,* * *''
The records retention itself is an expensive proposition. Retention
of records alone is not sufficient. They must be legible, retrievable
and stored in a safe condition. This expense was understood on the part
of the Commission and the nuclear industry for the current license
basis to ensure the continued safe operation of the facility. However,
what was not well understood (when the regulation was adopted) was the
effect of explicit record retention durations that survived the life of
a facility and no longer served an underlying safety purpose. This is
the current situation at the decommissioning facilities.
CY's available record storage capacity continues to shrink as
buildings are
[[Page 54589]]
remediated, surveyed and demolished. CY is less than one year from
demolishing the administrative building where many of the records are
stored and retained. Retaining records associated with non-existent
SSCs and a non-existent nuclear power generator is a significant
hardship today as records are shuffled between buildings and
administrative support personnel are reduced. It will become more of a
hardship and cost increase as they must make provisions for offsite
storage well in advance of building demolition.
10 CFR 50.12(a)(2)(vi)
``There is present any other material circumstances not considered
when the regulation was adopted for which it would be in the public
interest to grant an exemption.''
First, the cost associated with maintaining records that no longer
serve a safety purpose can be significant, particularly for a facility
at an advanced stage in the decommissioning process. Decommissioning
costs, including record maintenance, are paid by the ratepayers
throughout the multi-state region that benefitted from the power
produced by the HNP when it was operating. Since HNP is no longer
generating electric power and is in decommissioning, the requested
records exemption helps towards maintaining a cost-efficient
decommissioning.
Second, elimination of these records ensures their future
unavailability to individuals and groups interested in adversely
affecting commercial nuclear facilities.
4.0 Conclusion
Based on its evaluation, the staff concludes the requirements for a
specific exemption in 10 CFR 50.12 have been satisfied.
The staff concludes that the requested exemption from the
recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1,
10 CFR Part 50, Appendix B Criterion XVII, and 10 CFR 50.59(d)(3), will
not present an undue risk to the public health and safety. The
destruction of the identified 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.
Further, the staff concludes that the destruction of the identified
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 an underlying purpose of the record keeping
regulations in 10 CFR Part 50, Appendix A, Criterion 1, 10 CFR Part 50,
Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) is to ensure that
the NRC staff has access to information in order for the NRC to perform
its regulatory functions including inspection and licensing. For
example, in the event of any accident, incident, or condition that
could impact public health and safety, the records 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 at the site adversely impacting public health and
safety. Because the CY-HNP reactor primary systems, including the
reactor vessel, steam generators, pressurizer, reactor coolant pumps
and piping, and their associated support systems have been removed for
offsite disposal or resale, there are no longer regulatory functions
for NRC to perform associated with these systems or components. Thus,
the records identified in the exemption would not provide the NRC with
information for carrying out its regulatory function. To the extent
that CY had sold components, the new user of the components may have
need for the associated records, however, that is an issue for the new
owner and not a regulatory issue under CY's license.
Therefore, the Commission grants CY the requested exemption to the
recordkeeping requirements of 10 CFR Part 50 Appendix A, Criterion 1,
10 CFR 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3), as
described in the February 16, 2005, letter. Specifically, pursuant to
the requirements of 10 CFR 50.12, CY is exempted from the record
retention requirements of 10 CFR Part 50 Appendix A, Criterion I, 10
CFR Part 50 Appendix B, Criterion XVII, and 10 CFR 50.59(d)(3) for: (1)
Records pertaining to structures, systems, and components, or
activities associated with the nuclear power unit and associated
support systems that no longer exist at the CY site; and (2) records
pertaining to the spent fuel pool and associated support systems for
the safe storage of fuel in the spent fuel pool after the spent nuclear
fuel and GTCC has been completely transferred from the spent fuel pool
and the spent fuel pool is ready for demolition. This exemption does
not apply to any recordkeeping requirements for storage of spent fuel
at the CY ISFSI under 10 CFR Part 50 or the general requirements of 10
CFR Part 72. In addition, this exemption does not apply to any records
reflecting spills, releases or other information relevant to remaining
decommissioning requirements and activities at the CY site.
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 as documented in Federal Register (70
FR 53258, September 7, 2005).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 9th day of September, 2005.
For the Nuclear Regulatory Commission.
Claudia M. Craig,
Acting Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E5-5023 Filed 9-14-05; 8:45 am]
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