[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15778-15779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7808]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 and 50-316; NRC-2009-0153]
Indiana Michigan Power Company; Donald C. Cook Nuclear Plant,
Units 1 and 2; Exemption
1.0 Background
The Indiana Michigan Power Company (the licensee) is the holder of
Facility Operating License Nos. DPR-58 and DPR-74, which authorizes
operation of the Donald C. Cook Nuclear Plant, Units 1 and 2. The
licenses provide, 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 two pressurized-water reactors located in
Berrien County in Michigan.
2.0 Request/Action
Title 10 of the Code of Federal Regulations, Part 50, Section
36a(a)(2) (10 CFR 50.36a(a)(2)) requires each licensee to submit a
report to the Commission annually that specifies the quantity of each
of the principal radionuclides released to unrestricted areas in liquid
and in gaseous effluents during the previous 12 months, including any
other information as may be required by the Commission to estimate
maximum potential annual radiation doses to the public resulting from
effluent releases. The report must be submitted as specified in Section
50.4, and the time between report submittals must be no longer than 12
months.
The licensee has proposed an amendment to Technical Specification
5.6.3 to change the submittal date for the report from ``within 90 days
of January 1 of each year'' to ``prior to May 1 of each year.''
Therefore, the licensee has requested a one-time exemption from the 12-
month reporting criteria specified in 10 CFR 50.36a(a)(2) for its
submittal of the 2008 Radioactive Effluent Release Report.
In summary, the exemption does not affect the information required
to be submitted or the time period the report covers, only the date the
report is submitted.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission 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. These circumstances include
the special circumstances that would provide only temporary relief from
the applicable regulation and the licensee or applicant has made good
faith efforts to comply with the regulation.
Authorized by Law
This exemption would allow the licensee to submit the 2008
Radioactive Effluent Release Report prior to May 1, 2009, which would
exceed the report submittal requirement of no longer than 12 months
specified in 10 CFR 50.36a(a)(2). 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 the licensee's proposed
exemption will not
[[Page 15779]]
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
The underlying purpose of the reporting requirements specified in
10 CFR 50.36a(a)(2) is to report to the Commission annually the
quantity of each of the principal radionuclides released to
unrestricted areas in liquid and in gaseous effluents during the
previous 12 months, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. This exemption does not
affect the information required to be submitted or the time period the
report covers, only the date the report is submitted. Based on the
above, no new accident precursors are created by extending the
submittal date for the 2008 Radioactive Effluent Release Report to
prior to May 1, 2009. Thus, the probability of postulated accidents is
not increased. Also, based on the above, the consequences of postulated
accidents are not increased. Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and Security
The proposed exemption would allow the licensee to submit the 2008
Radioactive Effluent Release Report prior to May 1, 2009, which would
exceed the report submittal requirement of no longer than 12 months
specified in 10 CFR 50.36a(a)(2). This change has no relation to
security issues. 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)(v),
are present whenever application of the regulation would provide only
temporary relief from the applicable regulation and the licensee or
applicant has made good faith efforts to comply with the regulation.
The underlying purpose of the reporting requirement specified in 10 CFR
50.36a(a)(2) is to require each licensee to submit a report to the
Commission annually that specifies the quantity of each of the
principal radionuclides released to unrestricted areas in liquid and in
gaseous effluents, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. The proposed amendment
does not affect the information required to be submitted or the time
period the report covers, only the date the report is to be submitted.
The requested exemption provides temporary relief from the regulation
in that it affords a one-time extension for submitting the annual
report. The proposed amendment is an appropriate means to ensure that
future reports are submitted on an annual basis as required by 10 CFR
50.36a(a)(2). Therefore, since the underlying purpose of 10 CFR
50.36a(a)(2) is achieved, the special circumstances of 10 CFR
50.12(a)(2)(v) for the granting of an exemption from 10 CFR
50.36a(a)(2) exists.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants Indian Michigan Power Company a
one-time exemption from the requirements of 10 CFR 50.36a(a)(2), for
Donald C. Cook Nuclear Plant, Units 1 and 2.
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 (74 FR 9315)
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th day of March, 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E9-7808 Filed 4-6-09; 8:45 am]
BILLING CODE 7590-01-P