[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67935-67936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30316]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-133; NRC-2009-0560]


Pacific Gas and Electric Company; Humboldt Bay Power Plant Unit 3 
Exemption From Certain Low-Level Waste Shipment Tracking Requirements 
In 10 CFR Part 20 Appendix G

1.0 Background

    The Pacific Gas and Electric Company (PG&E) is the licensee and 
holder of Facility Operating License No. DPR-7 issued for Humboldt Bay 
Power Plant, Unit 3 (HBPP), located in Humboldt County, California. 
HBPP is a permanently shutdown nuclear reactor facility. PG&E is 
beginning the process of decommissioning HBPP and the amount of 
radioactive waste shipped from the site is expected to significantly 
increase. During the decommissioning process, large volumes of slightly 
contaminated concrete rubble and debris are generated that require 
shipment for disposal in offsite low-level radioactive waste disposal 
sites. Experience at other decommissioning nuclear power facilities has 
shown that, due primarily to the volume of radioactive waste, licensees 
have encountered an increase in the number of routine shipments that 
take longer than 20 days from transfer to the shipper to receipt 
acknowledgment from the disposal site. Each shipment with receipt 
notifications greater than 20 days requires a special investigation and 
report to the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) which the licensee believes to be burdensome and 
unnecessary to meet the intent of the regulation.

2.0 Request/Action

    In a letter to the Commission dated September 4, 2009, PG&E 
requested an exemption from the requirements in 10 CFR part 20, 
appendix G, section III.E, to investigate and file a report to the NRC 
if shipments of low-level radioactive waste are not acknowledged by the 
intended recipient within 20 days after transfer to the shipper. This 
exemption would extend the time period that can elapse during shipments 
of low-level radioactive waste before PG&E is required to investigate 
and file a report to the NRC from 20 days to 45 days. The exemption 
would be applicable to mixed-mode shipments such as combination truck/
rail, barge/rail and barge/truck shipping methods. The exemption 
request is based on an analysis of the historical data of low-level 
radioactive waste shipment times from the Southern California Edison 
Company's San Onofre Nuclear Generating Station (SONGS) site to the 
disposal site.

3.0 Discussion

    The proposed action would grant an exemption to extend the 20-day 
investigation and reporting requirements for shipments of low-level 
radioactive waste to 45 days.
    Historical data derived from experience at SONGS, indicates that 
rail transportation time to waste disposal facilities frequently 
exceeded the 20-day reporting requirement. A review of the SONGS data 
indicates that transportation time for shipments by rail or truck/rail 
took over 16 days on average and, on occasion, took up to 57 days. In 
addition, administrative processes at the disposal facilities and mail 
delivery times could add several additional days.
    HBPP is in a more remote location than SONGS and is not near a 
railhead. Shipping from HBPP may require a combination of truck/rail, 
barge/rail or barge/truck shipments. These mixed-mode shipments will be 
comprised of truck and barge shipments from HBPP to inland locations in 
California or nearby states, followed by rail shipments to the waste 
disposal facilities or processors. The additional step of transloading 
material at a remote railyard (e.g., unloading and loading, waiting for 
the train to depart) is expected to add to shipping delays that exceed 
the time of shipments from SONGS. Therefore, HBPP is requesting an 
extension to 45 days.
    Pursuant to 10 CFR 20.2301, the Commission may, upon application by 
a licensee or upon its own initiative, grant an exemption from the 
requirements of regulations in 10 CFR part 20 if it determines the 
exemption is authorized by law and would not result in undue hazard to 
life or property. There are no provisions in the Atomic Energy Act (or 
in any other Federal statute) that impose a requirement to investigate 
and report on low-level radioactive waste shipments that have not been 
acknowledged by the recipient within 20 days of transfer. Therefore, 
the Commission concludes that there is no statutory prohibition on the 
issuance of the requested exemption and the Commission is authorized to 
grant the exemption by law.
    The Commission acknowledges that, based on the statistical analysis 
of low-level radioactive waste shipments from the SONGS site, the need 
to investigate and report on shipments that take longer than 20 days 
could result in an excessive administrative burden on the

[[Page 67936]]

licensee. The Commission finds that the underlying purpose of the 
Appendix G timing provision at issue is to investigate a late shipment 
that may be lost, misdirected, or diverted. For mixed-mode shipments, 
PG&E contracts awarded to carriers will require electronic data 
tracking system interchange, or similar tracking systems that allow 
monitoring the progress of the shipments. The contracts will require a 
daily update be provided for the location of the conveyance via e-mail. 
Because of the oversight and monitoring of radioactive waste shipments 
throughout the entire journey from HBPP to the disposal site, it is 
unlikely that a shipment could be lost, misdirected, or diverted 
without the knowledge of the carrier or PG&E. Furthermore, by extending 
the elapsed time for receipt acknowledgment to 45 days before requiring 
investigations and reporting, a reasonable upper limit on shipment 
duration (based on historical analysis) is still maintained if a 
breakdown of normal tracking systems were to occur. Consequently, the 
Commission finds that there is no hazard to life or property by 
extending the investigation and reporting time for low-level 
radioactive waste shipments from 20 days to 45 days for mixed-mode 
shipments. Therefore, the Commission concludes that the underlying 
purpose of 10 CFR part 20, appendix G, section III.E will be met.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
20.2301, the exemption requested by PG&E in its September 4, 2009, 
letter is authorized by law and will not result in undue hazards to 
life or property. Therefore, the Commission hereby grants PG&E an 
exemption to extend the 20-day investigation and reporting requirements 
for shipments of low-level radioactive waste, as required by 10 CFR 
part 20, appendix G, section III.E, to 45 days.
    Pursuant to 10 CFR 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 (FR) 
notice 74 FR 65165 December 9, 2009.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 11th day of December, 2009.

    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 
Programs.
[FR Doc. E9-30316 Filed 12-18-09; 8:45 am]
BILLING CODE 7590-01-P