[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Pages 13531-13533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5248]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-213]
Connecticut Yankee Atomic Power Company; Haddam Neck Plant;
Exemption
1.0 Background
Connecticut Yankee Atomic Power Company (CYAPCO, the licensee) is
holder of shutdown facility license No. DPR-61, which authorizes
activities at the Haddam Neck Plant. The license provides, among other
things, that the facility is subject to all rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC).
The facility consists of a former reactor site undergoing
decommissioning, and an Interim Spent Fuel Storage Installation (ISFSI)
in East Hampton, Connecticut.
2.0 Request/Action
Appendix E to Title 10 of The Code of Federal Regulations specifies
[[Page 13532]]
Emergency Planning and Preparedness requirements for Part 50 licensees.
Section IV, ``Content of Emergency Plans,'' Subpart F specifies that
each licensee shall conduct an exercise of its onsite and offsite
emergency plans (EPs) every two years. By letter dated August 28, 1998,
NRC exempted the licensee from offsite emergency planning activities,
including the offsite exercise requirement. As part of the exemption,
the licensee committed to an increased frequency for onsite EP
exercises, to once a year. By letter of September 18, 2006, the
licensee submitted a revision to the Haddam Neck Plant (HNP) EP for NRC
review and approval. Section 1.0 of the EP states that, ``This revision
of the Emergency Plan is intended for end state conditions where power
plant dismantlement and decommissioning have been completed and the
ISFSI is the only thing remaining on the site * * * '' NRC will verify
proper timing of the execution of the EP in the inspection process. The
EP revision reduces the frequency of onsite exercises from every year
to every other year. The Office of Federal and State Materials and
Environmental Management Programs' review of this proposed change to
the HNP EP is described below.
On December 5, 1996, the HNP reactor was permanently shut down. All
the spent fuel was transferred to the ISFSI by March 2005. The NRC
issued an exemption on August 28, 1998, that granted CYAPCO exemptions
from portions of the 10 CFR 50.54(q) EP requirements.
The staff reviewed the revised EP for coping with radiological
emergencies at the HNP site including the licensee's 10 CFR 50.54(q)
evaluation to verify that the reduction in exercise frequency does not
decrease the effectiveness of the plan and that the plan, as changed,
continues to meet the standards contained in 10 CFR 50.47(b) and the
requirements of Appendix E to 10 CFR Part 50 applicable to the approved
Part 50 EP for the long-term defueled condition. The licensee
identified that the exercise frequency reduction was a reduction in
commitment. The NRC staff evaluation below, concludes the proposed
change meets the requirements of Sec. 50.47(b) and Appendix E to Part
50.
Section 8.2.3 of the HNP EP requires that an exercise will be
conducted once each calendar year to demonstrate the capability to meet
the EP. CYAPCO is proposing to revise the frequency of an exercise of
its onsite EP from once per year to every other year. CYAPCO has
determined that the proposed change in the frequency of an exercise
constitutes a reduction in commitment and thus represents a decrease in
effectiveness of the EP. However, the EP continues to meet the
standards of 10 CFR 50.47(b) and the requirements of Appendix E to Part
50.
The plant is permanently shutdown and defueled. All spent fuel and
greater than Class C waste have been placed in dry storage at the
ISFSI, and there is no longer liquid radioactive waste or significant
quantities of dry activated waste stored on site. Additionally, in
order to ensure adequate emergency response capabilities are maintained
during the time between exercises, CYAPCO is adding a requirement to
Section 8.2 of the HNP EP as follows:
During the interval between biennial exercises, CYAPCO will
conduct drills, including at least one drill involving a combination
of some of the principal functional areas of the onsite response
capabilities (management, accident assessment, protective and
corrective actions).
The proposed change is consistent with the 10 CFR 50, Appendix E,
(IV)(F)(2)(b) requirement to conduct an onsite EP exercise every two
years.
3.0 Discussion
Pursuant to 10 CFR 50.12, the NRC may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR Part 50 when: (1) The exemptions are authorized
by law, will not present an undue risk to public health or safety, and
are consistent with the common defense and security; and (2) when
special circumstances are present. The licensee's request for approval
was submitted in conjunction with a proposed revision to the HNP onsite
EP, and is effective when the site has only an ISFSI remaining onsite.
NRC staff considers that requiring the licensee to meet a self-imposed
standard above regulatory requirements is not necessary to achieve the
underlying purpose of the rule. Therefore, special circumstances do
exist for the granting of this exemption, as specified in 10 CFR 50.12.
Authorized by Law
This exemption would exempt CYAPCO from requirements in 10 CFR Part
50, Appendix E, as previously exempted on August 28, 1998, thus
allowing onsite EP exercises to be conducted every two years vice
annually. As stated above, 10 CFR 50.12 allows the NRC to grant
exemptions from the requirements of 10 CFR Part 50. The NRC staff has
determined that granting of this exemption will not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
Commission's regulations. Therefore, the exemption is authorized by
law.
No Undue Risk to Public Health and Safety
This exemption only affects the periodicity of onsite EP exercises.
No new accident precursors are created by this exemption; accordingly,
the probability of postulated accidents are not increased. Therefore,
there is no undue risk to public health and safety as a result of the
exemption.
Consistent With Common Defense and Security
This exemption, as set forth above, affects the periodicity of
onsite EP exercises. The revised periodicity is consistent with the
Appendix E regulatory requirements for onsite EP exercises, and with 10
CFR 50.47(b)(14), which states, in part, ``Periodic exercises are (will
be) conducted to evaluate major portions of emergency response
capabilities * * *. '' The licensee will continue to conduct other
Emergency Planning drills during the time intervals between exercises
in order to maintain its emergency response capabilities. Therefore,
the common defense and security is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever the 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.'' The underlying purpose of Appendix E is to ensure that
licensees' EPs are sufficient for use in attaining an acceptable state
of emergency preparedness. The NRC staff has determined that the intent
of this rule is not compromised by the licensee's proposed action
because onsite exercises will be required every two years, which is
consistent with Appendix E requirements. Therefore, since the
underlying purpose of Appendix E is achieved, the special circumstances
required by 10 CFR 50.12 (a)(2) for the granting of an exemption from
Appendix E exist.
Environmental Evaluation
This exemption constitutes a regulatory action approving a change
in operations that would not cause any increase in the amounts of any
effluents that may be released offsite, increase any individual or
cumulative occupational radiation exposure, has no construction impact,
and has no
[[Page 13533]]
significant increase in potential for, or consequences from, a
radiological accident. Therefore, the categorical exclusion defined in
10 CFR 51.22(c)(11) is applicable, and no further environmental
evaluation is needed.
4. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide
Documents Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are: Licensee request of September
18, 2006, ML062690475. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-
415-4737, or by e-mail to [email protected]. The NRC exemption dated August
28, 1998, is available in the PDR.
These documents may also be viewed electronically on the public
computers located at the NRC PDR, O 1 F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor
will copy documents for a fee.
5. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the exemption is authorized by law, will not present an undue
risk to public health and safety, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants CYAPCO an exemption to the
licensee's previous exemptions from the requirements of 10 CFR
50.54(q), as granted by NRC on August 28, 1998 (ML980903182); which
requires EPs to meet 10 CFR 50.47(b) and Appendix E to Part 50.
Specifically, this exemption allows onsite EP exercises to be conducted
once every two years, in lieu of the annual requirement currently in
place.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th day of March, 2007.
For the U.S. Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. E7-5248 Filed 3-21-07; 8:45 am]
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