[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