[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76054-76055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30636]


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NUCLEAR REGULATORY COMMISSION

 [Docket No. 50-341; NRC-2010-0357]


Detroit Edison Company Fermi, Unit 2; Exemption

1.0 Background

    Detroit Edison Company (DECo) is the licensee and holder of 
Facility Operating License No. NFP-43 issued for Fermi, Unit 2 (Fermi-
2), located in Monroe County, Michigan. The licensee anticipates using 
rail to ship radioactive waste. From the licensee's experience with 
radioactive shipments from the decommissioning of Fermi-1, a 
permanently shutdown nuclear reactor facility located onsite, rail 
shipments typically take more than 20 days from the site to receipt 
acknowledgement 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 February 5, 2010 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML100430349), DECo 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 DECo is 
required to investigate and file a report to the NRC from 20 days to 35 
days. The exemption would be applicable to rail and truck/rail mixed-
mode shipments. The exemption request is based on an analysis of the 
historical data of low-level radioactive waste shipment times from the 
Fermi-1 site to the disposal site. This historical data is further 
described below and in the Environmental Assessment and Finding of No 
Significant Impact (75 FR 20867) that was published for the exemption 
which was granted in May 2010 for Enrico Fermi Atomic Power Plant Unit 
1.

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 35 days.
    Historical data derived from experience at Fermi-1 indicates that 
rail transportation time to waste disposal facilities almost always 
exceeds the 20-day reporting requirement. A review of the Fermi-1 data 
indicates that transportation time for shipments by rail or truck/rail 
took over 20 days on average. In addition, administrative processes at 
the disposal facilities and mail delivery times could add several 
additional 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 shipment times to 
date from the Fermi-1 site to the disposal facility, the need to 
investigate and report on shipments that take longer than 20 days could 
result in an excessive administrative burden on the 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. Furthermore, by extending the elapsed time 
for receipt acknowledgment to 35 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

[[Page 76055]]

the investigation and reporting time for low-level radioactive waste 
shipments from 20 days to 35 days for rail and truck/rail 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 DECo in its letter dated February 
5, 2010, is authorized by law and will not result in undue hazards to 
life or property. Therefore, the Commission hereby grants DECo 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 35 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 (75 FR 70707; November 18, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 24th day of November 2010.

    For the U.S. Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2010-30636 Filed 12-6-10; 8:45 am]
BILLING CODE 7590-01-P