[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Notices]
[Pages 5755-5757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2036]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-245]


Dominion Nuclear Connecticut, Inc.; Millstone Power Station Unit 
1 Partial Exemption From Requirements

1.0 Background

    Dominion Nuclear Connecticut, Inc. (Dominion, the licensee) is the 
licensee and holder of Facility Operating License No. DPR-21 for the 
Millstone Power Station Unit 1 (Millstone Unit 1), 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).
    Millstone Unit 1 was a single-cycle, boiling water reactor with a 
Mark I containment which was designed, furnished and constructed by 
General Electric Company as prime contractor for the licensee. 
Millstone Unit 1 had a reactor thermal output of 2011 megawatts and a 
net electrical output of 652.1 megawatts. The Millstone site is located 
in the town of Waterford, New London County, Connecticut, on the north 
shore of Long Island Sound.
    Construction of Millstone Unit 1 was authorized by a provisional 
construction permit CPPR-20, on May 19, 1966, in AEC Docket 50-245. 
Millstone Unit 1 was completed and ready for fuel loading during 
October 1970. The plant went into commercial operation on December 28, 
1970. On July 21, 1998, pursuant to 10 CFR 50.82(a)(1)(i) and 10 CFR 
50.82(a)(1)(ii), the licensee certified to the NRC that, as of July 17, 
1998, Millstone Unit No. 1 had permanently ceased operations and that 
fuel had been permanently removed from the reactor vessel. The issuance 
of this certification fundamentally changed the licensing basis of 
Millstone Unit 1 in that the NRC issued 10 CFR Part 50 license no 
longer authorizes operation of the reactor or emplacement or retention 
of fuel in the reactor vessel.
    Safety related structures, systems, and components (SSCs) and SSCs 
important to safety remaining at Millstone Unit 1 are associated with 
the spent fuel pool island where the Millstone Unit 1 spent fuel is 
stored. Other than non-essential systems supporting the balance of 
plant facilities, the remaining plant equipment has been de-energized, 
disabled and abandoned in place or removed from the unit and can no 
longer be used for power generation.

2.0 Request/Action

    By letter dated June 8, 2006, Dominion is requesting an exemption 
from the record retention requirements of: 10 CFR 50.59(d)(3) which 
requires certain records be maintained until termination of a license 
issued pursuant to Part 50; 10 CFR 50.71(c) which requires records 
required by the regulations, by license condition, or by technical 
specifications must be retained for the period specified by the 
appropriate regulation, license condition, or technical specification 
and 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 Criterion 1 which requires certain records be 
retained throughout the life of the unit; and 10 CFR 50 Appendix B 
Criterion XVII which requires certain records be retained consistent 
with regulatory requirements for a duration established by the 
licensee.
    Dominion proposes to eliminate record retention requirements for 
Millstone Unit 1 SSCs associated with safe power generation that have 
been de-energized, disabled, and abandoned in place or removed from the 
unit. Dominion is not requesting an exemption associated with record 
keeping requirements for storage of spent fuel in the Millstone Unit 1 
spent fuel pool or for systems required to support the safe storage of 
spent fuel.

3.0 Discussion

    The records that the licensee proposes to eliminate are for SSCs 
associated with safe power generation that have been de-energized, 
disabled, and abandoned in place or removed from the unit. Examples of 
such records include procedures, strip charts, other recorder charts, 
and radiographs. 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:

[[Page 5756]]

    * * * 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 record keeping 
requirements of 10 CFR 50.59(d)(3); 10 CFR 50.71(c); 10 CFR Part 50, 
Appendix A, Criterion 1; and 10 CFR Part 50, Appendix B, Criterion 
XVII, is authorized by law.

Specific Exemption Will Not Present an Undue Risk to the Public Health 
and Safety

    The partial exemption from the record keeping requirements of 10 
CFR 50.59(d)(3); 10 CFR 50.71(c); 10 CFR Part 50, Appendix A, Criterion 
1; and 10 CFR Part 50, Appendix B, Criterion XVII, for the 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 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 record keeping requirements of 10 
CFR 50.59(d)(3); 10 CFR 50.71(c); 10 CFR Part 50, Appendix A, Criterion 
1; and 10 CFR Part 50, Appendix B, Criterion XVII, for the types of 
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 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 50.59(d)(3); 10 CFR 50.71(c); 10 CFR Part 50, Appendix A, 
Criterion 1; and 10 CFR Part 50, Appendix B, Criterion XVII, for the 
types of 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 Millstone Unit 1 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 50.59(d)(3); 10 CFR 
50.71(c); 10 CFR Part 50, Appendix A, Criterion 1; and 10 CFR Part 50, 
Appendix B, Criterion XVII, to the continued storage of the 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 record keeping 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 record keeping 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 Millstone Unit 1 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 
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 Millstone Unit 1 site for disposal.
    As indicated in the excerpts cited above under the heading ``NRC 
Regulatory record keeping 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 plant systems formerly supporting power 
operations at Millstone Unit 1, having been de-energized, disabled, 
abandoned in place or removed from the site, the Millstone Unit 1 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 record keeping rules cited above, Millstone 
Unit 1 is not able to generate electricity and is no longer a nuclear 
power unit as defined in 10 CFR Part 50, Appendix A.
    All of the Millstone Unit 1 spent nuclear fuel has been transferred 
to the spent fuel pool and the required support systems related to 
safely storing the spent nuclear fuel have been isolated to a spent 
fuel pool island. The records related to this activity are still 
required by the regulations and the licensee specified that they were 
``* * * not requesting an exemption associated with record keeping 
requirements for storage of spent fuel in the [Millstone Unit 1] spent 
fuel pool or for systems required to support the safe storage of spent 
fuel.''
    Based on the above, it is clear that application of the subject 
record keeping requirements to the Millstone

[[Page 5757]]

Unit 1 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 record keeping requirements of 10 CFR 50.59(d)(3); 10 CFR 50.71(c); 
10 CFR Part 50, Appendix A, Criterion 1; and 10 CFR Part 50, Appendix 
B, Criterion XVII, 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.
    The staff has determined 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 has determined that the purpose for the record keeping 
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 Millstone Unit 1 SSCs that were safety-
related or important-to-safety have been de-energized, disabled, 
abandoned in place or removed form the site, 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 Dominion the requested partial 
exemption to the record keeping requirements of 10 CFR 50.59(d)(3); 10 
CFR 50.71(c); 10 CFR Part 50, Appendix A, Criterion 1; and 10 CFR Part 
50, Appendix B, Criterion XVII, as described in the June 8, 2006, 
letter.
    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. 72, No. 4048, dated January 29, 2007.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 30th day of January, 2007.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Program.
[FR Doc. E7-2036 Filed 2-6-07; 8:45 am]
BILLING CODE 7590-01-P