[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 33005-33007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13420]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-213 and 72-39; NRC-2012-0123]
Connecticut Yankee Atomic Power Company; Haddam Neck Independent
Spent Fuel Storage Installation, Staff Evaluation; Exemption
1.0 Background
Connecticut Yankee Atomic Power Company (CYAPCO, the licensee) is
the holder of Facility Operating License No. DPR-61 which authorizes
possession of nuclear fuel under Title 10 of the Code of Federal
Regulations (10 CFR) part 50. 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 or the Commission) now or
hereafter in effect. Per 10 CFR part 72, Subpart K, a general license
is issued for the storage of spent fuel in an Independent Spent Fuel
Storage Installation (ISFSI) to persons authorized to possess or
operate nuclear power reactors under 10 CFR part 50. Thus, CYAPCO also
holds a 10 CFR part 72 general license which allows storage of spent
fuel and greater than Class C waste at the Haddam Neck ISFSI in East
Hampton, Connecticut.
Under Facility Operating License No. DPR-61, CYAPCO operated a
Pressurized Water Reactor (PWR) until 1996 when operations ceased.
Later, CYAPCO began transferring fuel from the reactor spent fuel pool
into vertical dry casks at their ISFSI facility. These activities were
completed in 2005, and final decommissioning of the reactor site was
completed in 2007. The Haddam Neck ISFSI is a stand-alone ISFSI located
on approximately five acres of land that was not released for
unrestricted use after completion of decommissioning of the CY PWR.
The Power Reactor Security Rule, which applies to all 10 CFR part
50 licensees, was revised on March 27, 2009, with compliance required
by March 31, 2010 (74 FR 13926). The NRC held a webinar on July 20,
2010, to provide clarification on the applicability of the power
reactor security regulations to 10 CFR part 50 licensees undergoing
decommissioning or 10 CFR part 50 licensees that have only a general
licensed ISFSI. On August 2, 2010, the NRC issued a letter to CYAPCO
clarifying the applicability of the revised power reactor security
regulations to a Part 50 licensee undergoing decommissioning or a Part
50 licensee that has only a general licensed ISFSI. In the August 2,
2010, letter, the NRC noted that there are currently no security or
health and safety concerns at these facilities that may not be in
compliance with the current 10 CFR 73.55 requirements because the
Security Plans at these facilities meet the baseline requirements of
the previous version of 10 CFR 73.55 and also meet the requirements of
subsequent NRC security orders. The NRC requested a response be
submitted within 120 days of receipt of the August 2, 2010, letter.
By letter dated November 30, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML103570296), CYAPCO responded
to the August 2, 2010, letter. In its response, CYAPCO requested
exemptions from certain requirements in 10 CFR 73.55, ``Requirements
for Physical Protection of Licensed
[[Page 33006]]
Activities in Nuclear Power Reactors Against Radiological Sabotage,''
which it considered either not applicable or caused an undue burden to
a stand-alone ISFSI. CYAPCO also submitted a matrix which described how
CYAPCO either complied with 10 CFR 73.55 and applicable orders or
needed an exemption. CYAPCO further stated that its exemption request
is intended to maintain its NRC-approved Physical Security Plan (PSP).
In addition, CYAPCO noted that the statement of consideration for the
Power Reactor Security Rule states that the Commission did not intend
to make changes to the substantive requirements of 10 CFR 72.212 and
that the Commission has initiated a separate rulemaking to revise the
ISFSI security requirements (74 FR 13958).
2.0 Discussion
Pursuant to 10 CFR 73.5, ``Specific Exemptions,'' the Commission
may, upon application by any interested person or upon its own
initiative, grant such exemptions from the requirements in 10 CFR part
73 as it determines are authorized by law and will not endanger life or
property or the common defense and security and are otherwise in the
public interest. The NRC evaluated the exemption requests submitted by
CYAPCO in its November 30, 2010, letter. After evaluating the exemption
requests, the staff determined CYAPCO should be granted exemptions from
the following requirements: 10 CFR 73.55(e)(10)(ii) and
73.55(g)(8)(iv). Section 73.55(e)(10)(ii) sets forth requirements for
restricting access by waterborne vehicles and 73.55(g)(8)(iv) sets
forth access authorization requirements. The remaining exemptions
requested were determined either to be inapplicable to the facility or
are being met by the licensee's current PSP; therefore, these
exemptions were denied. Additional information regarding the NRC staff
evaluation is documented in a Safety Evaluation Report that contains
Sensitive Unclassified Non-Safeguards Information and is being withheld
from public inspection in accordance with 10 CFR 2.390.
In considering these exemption requests, the staff reviewed an NRC
letter dated January 30, 2003, which issued CYAPCO Amendment No. 199 to
Facility Operating License No. DPR-61, and the Haddam Neck ISFSI PSP
(Revision 2). The staff also reviewed the revised Power Reactor
Security Rule, 10 CFR 73.55, which became effective on May 26, 2009 (74
FR 13926), to identify substantive changes affecting previously
approved exemptions. In addition, the staff reviewed inspection reports
prepared after conducting inspections of the licensee's facility,
procedures, and PSP for compliance with all applicable regulations and
NRC Orders. Based upon its review, the staff determined that current
barriers and actions implemented under the Haddam Neck ISFSI PSP
satisfy the requirements of 10 CFR 73.55, and that granting the
requested exemptions will not result in a violation of the Atomic
Energy Act of 1954, as amended (the Act), or the Commission's
regulations. Therefore, the exemptions are authorized by law.
The purpose of the regulations in 10 CFR 73.55 is to establish and
maintain a physical protection system designed to protect against
radiological sabotage. The purpose of 10 CFR 73.55(e)(10)(ii) is to
restrict waterborne vehicle access and perform periodic surveillance of
waterway approaches. However, there are no pathways which allow
waterborne vehicles to gain direct access to the ISFSI. Furthermore,
CYAPCO employs site specific barriers as part of its NRC-approved PSP
which are appropriate for the reduced radiological risk associated with
a stand-alone ISFSI. The purpose of the regulations in 10 CFR
73.55(g)(8)(iv) is to ensure personnel trained as escorts be
knowledgeable of where visitors would be working within the protected
area and that visitors within the protected area will be escorted. The
staff determined that the NRC approved measures currently employed by
CYAPCO in its PSP are appropriate for the reduced radiological risk to
the public from the ISFSI and are consistent with the general
performance standards in 10 CFR 73.55(b). Therefore, the staff
concludes that the exemptions do not pose an increased risk to public
health and safety and are not inimical to the common defense and
security. Given the above considerations, granting this exemption will
not endanger life or property or the common defense and security.
As discussed above, the purpose of 10 CFR 73.55 is to protect
against radiological sabotage. The staff determined granting CYAPCO an
exemption from the requirements of 10 CFR 73.55(e)(10)(ii) and
73.55(g)(8)(iv) would not decrease the level of security currently in
place at the Haddam Neck ISFSI, and will not result in increased
radiological risk to the public from operation of this general
licensed, stand-alone ISFSI. Accordingly, the staff has determined
that, pursuant to 10 CFR 73.5, these exemptions are authorized by law
and are otherwise in the public interest.
Granting exemptions from the requirements of 10 CFR
73.55(e)(10)(ii) and 73.55(g)(8)(iv) involves safeguards plans. Section
51.22(c)(25)(vi)(F) provides a categorical exclusion for exemptions
involving safeguard plans provided that the criteria in 10 CFR
51.22(c)(25)(i)-(v) are also satisfied. In its review of the exemption
request, the NRC determined that, pursuant to 10 CFR 51.22(c)(25): (i)
Granting the exemptions neither involves a significant reduction in a
margin of safety nor creates a new or different kind of accident from
any accident previously evaluated, and thus no significant hazards
considerations because there is no significant increase in either the
probability or consequences of an accident previously evaluated; (ii)
granting the exemptions would not produce a significant change in
either the types or amounts of any effluents that may be released
offsite because the requested exemptions neither change the effluents
nor produce additional avenues of effluent release; (iii) granting the
exemptions would not result in a significant increase in either
occupational radiation exposure or public radiation exposure because
the requested exemptions neither introduce new radiological hazards nor
increase existing radiological hazards; (iv) granting the exemptions
would not result in a significant construction impact because there are
no construction activities associated with the requested exemptions;
and (v) granting the exemptions would not result in a significant
increase in the potential for or consequences from radiological
accidents because the exemptions neither reduce the level of security
in place at the Haddam Neck ISFSI nor create new accident precursors.
Accordingly, this exemption meets the criteria for a categorical
exclusion in 10 CFR 51.22(c)(25)(vi)(F).
3.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, the exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants CYAPCO an
exemption from the 10 CFR 73.55(e)(10)(ii) requirement to restrict
waterborne vehicle access and perform periodic surveillance of waterway
approaches as well as the 10 CFR 73.55(g)(8)(iv) requirement for escort
personnel to be generally knowledgeable of visitor activities. In
addition, CYAPCO shall continue to follow the NRC approved ISFSI PSP
and applicable NRC orders. As discussed in
[[Page 33007]]
the preceding paragraph, the Commission has determined that this
exemption meets the criteria for categorical exclusion set forth in 10
CFR 51.22(c)(25)(vi)(F). Therefore, pursuant to 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with the granting of this exemption. These
exemptions are effective upon issuance.
Dated at Rockville, Maryland, this 23rd day of May 2012.
For the Nuclear Regulatory Commission.
Douglas W. Weaver,
Deputy Director, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-13420 Filed 6-1-12; 8:45 am]
BILLING CODE 7590-01-P