[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42880-42882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12077]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-029]
Yankee Atomic Electric Company; Yankee Nuclear Power Station;
Partial Exemption
1.0 Background
Yankee Atomic Electric Company (YAEC, the licensee) is the licensee
and holder of Facility Operating License No. DPR-3 for the Yankee
Nuclear Power Station (YNPS), 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).
YNPS is a deactivated pressurized-water nuclear reactor located in
northwestern Massachusetts in Franklin County, near the southern
Vermont border. The YNPS plant was constructed between 1958 and 1960
and operated commercially at 185 megawatts electric (after a 1963
upgrade) until 1992. In 1992, YAEC determined that closing of the plant
would be in the best economic interest of its customers. In December
1993, NRC amended the YNPS operating license to retain a ``possession-
only'' status. YAEC began dismantling and decommissioning activities at
that time. Transfer of the spent fuel from the Spent Fuel Pit (SFP) to
the Independent Spent Fuel Storage Installation (ISFSI) was completed
in June 2003. With the exception of the greater than class C waste
stored at the ISFSI, the reactor and all associated systems and
components, including those associated with storage of spent fuel in
the SFP, have been removed from the facility and disposed of offsite.
In addition, the structures housing these systems and components have
been demolished. Physical work associated with the decommissioning of
YNPS is scheduled to be completed in 2006.
By letter dated February 15, 2006, as supplemented on March 23,
2006, YAEC filed a request for NRC approval of a partial exemption from
the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50,
Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3).
2.0 Request/Action
YAEC is requesting the following exemption, for records pertaining
to systems, structures, or components (SSCs) and/or activities
associated with the nuclear power generating unit, Spent Fuel Pit, and
associated support systems, from the 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 Criterion XVII which requires certain records be retained
consistent with regulatory requirements for a duration established by
the licensee; (3) 10 CFR 50.59(d)(3) which requires certain records be
maintained until ``termination of a license issued pursuant to'' part
50; and (4) 10 CFR 50.71(c) which requires records retention for the
period specified in the regulations or until license termination.
3.0 Discussion
Most of these records are for SSCs that have been removed from
Yankee 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.
Specific Exemption Is Authorized by Law
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), if the specific exemption requirements
of 10 CFR 50.12 are satisfied, the exemption from the recordkeeping
requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR
part 50, Appendix B, and 10 CFR 50.59(d)(3) is authorized by law.
Specific Exemption Will Not Present an Undue Risk to the Public Health
and Safety
With all the spent nuclear fuel transferred to the Yankee ISFSI,
there is insufficient radioactive material remaining on the Yankee 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
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the specified hard copy records will not present any reasonable
possibility of 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; 10 CFR part 50, Appendix B; and
10 CFR 50.59(d)(3), 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; 10 CFR part 50, Appendix B; and
10 CFR 50.59(d)(3), 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; 10 CFR
part 50, Appendix B; and 10 CFR 50.59(d)(3), for the types of hard copy
records described above is consistent with the common defense and
security.
Special Circumstances
NRC regulation 10 CFR 50.12(a)(2) states, in part:
(2) The Commission will not consider granting an exemption
unless special circumstances are present. Special circumstances are
present whenever--(ii) Application 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.
Given the status of Yankee decommissioning, special circumstances
exist 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; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3) to the
continued storage of the hard copy records described previously is not
necessary to achieve the underlying purpose of the rules.
The NRC's Statements of Consideration for final rulemaking,
effective July 26, 1988 (53 FR 19240 dated May 27, 1988) ``Retention
Periods for Records,'' provides the underlying purpose of the
regulatory recordkeeping requirements. In response to several public
comments leading up to this final rulemaking, the NRC supported the
need for record retention requirements by stating that records:
* * * must be retained * * * so that they will be available for
examination by the Commission in any analysis following an accident,
incident, or other problem involving public health and safety * * *
[and] * * * for NRC to ensure compliance with the safety and health
aspects of the nuclear environment and for the NRC to accomplish its
mission to protect the public health and safety.
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.
Given the current status of Yankee 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 been removed from the Yankee site for disposal.
As indicated in the excerpts cited above under the heading ``NRC
Regulatory recordkeeping Requirements to be Exempted,'' the regulations
include wording that states that records of activities involving the
operation, design, fabrication, erection, and testing of SSCs that are
classified as quality-related and/or important to safety should be
retained ``until the Commission terminates the facility license'' or
``throughout the life of the unit.'' As stated in 10 CFR part 50,
Appendix A:
A nuclear power unit means a nuclear power reactor and
associated equipment necessary for electric power generation and
includes those 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.
With the majority of the primary and secondary systems removed for
disposal, the Yankee 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, Yankee 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 cited above, Yankee is no longer a nuclear power
unit as defined in 10 CFR part 50, Appendix A.
Based on the above, it is clear that application of the subject
recordkeeping requirements to the Yankee 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 has determined 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 has determined that the requested partial exemption from
the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50,
Appendix A;
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10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), 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 has determined 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 has determined 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 Yankee 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 YAEC 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; and 10 CFR
50.59(d)(3), as described in the February 15, 2006, letter as
supplemented on March 23, 2006.
Pursuant to 10 CFR part 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 Vol. 71, No. 127, dated July 3, 2006.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 20th day of July, 2006.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E6-12077 Filed 7-27-06; 8:45 am]
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