[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Notices]
[Page 73047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24973]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341]
Detroit Edison Company; FERMI 2; Exemption
1.0 Background
Detroit Edison Company (the licensee) is the holder of Facility
Operating License No. NPF-43, which authorizes operation of Fermi 2.
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 Commission) now or hereafter in effect.
The facility consists of a boiling-water reactor located in Monroe
County, Michigan.
Fermi 2 is in the process of re-racking its spent fuel pool (SFP),
which involves the replacement of some older racks with higher-density
racks. The NRC approved the re-rack project in its letter dated January
25, 2001. A result of the re-rack effort is that some of the SFP floor
space that was previously used to store miscellaneous items is no
longer available, due to the addition of the new racks. To address
this, Fermi 2 is introducing two Holtec Overhead Platforms (HOPs) to
the SFP which are designed to be placed on two specific spent fuel
storage racks as approved by the NRC in its letter dated January 25,
2001.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR), Part 74,
section 74.19(c), requires that each licensee authorized to possess
special nuclear material (SNM), at any one time and site location, in a
quantity greater than 350 grams of contained uranium-235, uranium-233,
or plutonium, or any combination thereof, shall conduct a physical
inventory of all SNM in its possession under license at intervals not
to exceed 12 months.
By letter dated April 27, 2007, as supplemented by letter dated
November 9, 2007, the licensee requested an exemption from the
requirements of 10 CFR 74.19(c) to conduct a physical inventory of all
special nuclear material at intervals not to exceed 12 months.
Specifically, the request is for exemption from the physical inventory
requirements for those fuel assemblies that are stored under the HOPs
when the HOPs are installed in the spent fuel racks.
3.0 Discussion
Pursuant to 10 CFR 74.7, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 74, when the exemptions are authorized
by law and will not endanger life or property or the common defense and
security, and are otherwise in the public interest.
Authorized by Law
This exemption would exempt the licensee from the requirements of
10 CFR 74.19(c) for the physical inventory requirements of the fuel
assemblies that are stored under the HOPs when the HOPs are installed
in the spent fuel racks. As stated above, 10 CFR 74.7 allows the NRC to
grant exemptions from the requirements of 10 CFR Part 74. The NRC staff
has determined that granting of the licensee's proposed 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.
Will Not Endanger Life or Property or Common Defense and Security
Administrative controls associated with the movement of the HOPs
and the HOP itself (physical barrier) will prohibit movement of the
fuel assemblies in the fuel storage racks below the HOPs when the HOPs
are installed. The licensee submitted regulatory commitments in
Enclosure 1 of the letter dated November 9, 2007, that provide further
assurance that the SNM stored under the HOPs will be adequately
controlled and accounted for by the licensee. The HOPs add another
barrier for access to the SNM in the SFP, thus, increasing security of
SNM stored under the HOPs when the HOPs are installed. Therefore, the
exemption will not endanger life or property or common defense and
security.
Otherwise in the Public Interest
The licensee was previously approved by the NRC to install the HOPs
as part of the licensee's re-rack of Fermi 2 SFP. The re-rack project
increased the capacity of the SFP from 2,414 to 4,608 fuel assemblies
to provide full core discharge capability after June 2001. As discussed
above, the HOPs are needed to be installed because, due to the addition
of the new racks, some of the SFP floor space that was previously used
to store miscellaneous items is no longer available. In order for the
licensee to perform physical inventory of the SNM stored below the
HOPs, the licensee would have to clear and uninstall the HOPs. The HOPs
add another barrier for access to the SNM in the SFP, thus increasing
security of SNM stored under the HOP when the HOPs are installed. An
increase in security is beneficial to public interest. Therefore, the
exemption is otherwise in the public interest.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
74.7, the exemption is authorized by law and will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants Detroit Edison
Company an exemption to Fermi 2 from the requirements of 10 CFR
74.19(c) for physical inventory for those fuel assemblies that are
stored under the HOPs when the HOPs are installed in the spent fuel
racks. The annual physical inventory of all other SNM will continue to
be performed per the requirements of 10 CFR 74.19(c).
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 (72 FR 70619).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 17th day of December 2007.
For the Nuclear Regulatory Commission.
Catherine Haney,
Division Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. E7-24973 Filed 12-21-07; 8:45 am]
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