[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]


=======================================================================
-----------------------------------------------------------------------

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]
BILLING CODE 7590-01-P