[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38339-38341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15677]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-409; NRC-2012-0102]


Dairyland Power Cooperative, La Crosse Boiling Water Reactor 
Exemption From Certain Security Requirements

1.0 Background

    The La Crosse Boiling Water Reactor (LACBWR) is owned and was 
operated by the Dairyland Power Cooperative (DPC). The LACBWR was a 
nuclear power plant of nominal 50 Mw electrical output, which utilized 
a forced-circulation, direct-cycle boiling water reactor as its heat 
source. The plant is located on the east bank of the Mississippi River 
in Vernon County, Wisconsin. The plant was one of a series of 
demonstration plants funded, in part, by the U.S. Atomic Energy 
Commission (AEC). The nuclear steam supply system and its auxiliaries 
were funded by the AEC, and the balance of the plant was funded by the 
DPC. The Allis-Chalmers Company was the original licensee; the AEC 
later sold the plant to the DPC and provided them with a provisional 
operating license.
    The LACBWR was permanently shut-down on April 30, 1987, and reactor 
defueling was completed on June 11, 1987. The decommissioning plan was 
approved August 7, 1991. The decommissioning plan is considered in the 
post-shutdown decommissioning activities report (PSDAR). The DPC has 
been conducting dismantlement and decommissioning activities. The DPC 
is developing an onsite independent spent fuel storage installation 
(ISFSI) and plans to move spent fuel to the ISFSI in April 2012.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 73, 
``Physical Protection of Plants and Materials,'' provides in part, 
``This part prescribes requirements for the establishment and 
maintenance of a physical protection system which will have 
capabilities for the protection of special nuclear material at fixed 
sites and in transit and

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of plants in which special nuclear material is used.'' In Section 
73.55, entitled ``Requirements for physical protection of licensed 
activities in nuclear power reactors against radiological sabotage,'' 
paragraph (b)(1) states, ``The licensee shall establish and maintain a 
physical protection program, to include a security organization, which 
will have as its objective to provide high assurance that activities 
involving special nuclear material are not inimical to the common 
defense and security and do not constitute an unreasonable risk to the 
public health and safety.''
    The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
revised 10 CFR 73.55, in part to include the preceding language, 
through the issuance of a final rule on March 27, 2009 (74 FR 13926). 
The revised regulation stated that it was applicable to all Part 50 
licensees. The NRC became aware that many Part 50 licensees with 
facilities in decommissioning status did not recognize the 
applicability of this regulation to their facilities. Accordingly, the 
NRC informed licensees with facilities in decommissioning status and 
other stakeholders that the requirements of 10 CFR 73.55 are applicable 
to all Part 50 licensees. By letter dated August 2, 2010, the NRC 
discussed the applicability of the revised rule and stated that 
licensees need to evaluate the applicability of the regulation to its 
facility and either make appropriate changes to its Physical Security 
Plan, or request an exemption.
    By letter dated December 1, 2010, the DPC responded to the NRC's 
letter and requested exemptions from the following security 
requirements in 10 CFR Part 73: 10 CFR 73.55(a)(1), 10 CFR 73.55(b)(2), 
10 CFR 73.55(b)(3)(i), 10 CFR 73.55 (b)(6), 10 CFR 73.55(b)(7), 10 CFR 
73.55(b)(8), 10 CFR 73.55(b)(9)(ii)(A), 10 CFR 73.55(b)(9)(ii)(B), 10 
CFR 73.55(b)(9)(ii)(C), 10 CFR 73.55(c)(2), 10 CFR 73.55 (c)(4), 10 CFR 
73.55(c)(6), 10 CFR 73.55(d)(3)(i), 10 CFR 73.55(e), 10 CFR 
73.55(e)(1)(i), 10 CFR 73.55(e)(5), 10 CFR 73.55(e)(10), 10 CFR 
73.55(g)(2)(iii), 10 CFR 73.55(g)(7)(ii), 10 CFR 73.55(g)(8)(iii), 10 
CFR 73.55(i)(1), 10 CFR 73.55(i)(2), 10 CFR 73.55(i)(4)(i), 10 CFR 
73.55(i)(4)(ii), 10 CFR 73.55(i)(5)(ii), 10 CFR 73.55 (k)(1), 10 CFR 
73.55 (k)(3), 10 CFR 73.55 (k)(5)(i), 10 CFR 73.55 (k)(5)(ii), 10 CFR 
73.55 (k)(5)(iii), 10 CFR 73.55 (k)(6)(i), and 10 CFR 73.55 (k)(8). The 
DPC stated that its intent for submitting this exemption request was to 
continue to follow its NRC-approved Physical Security Plan (PSP).

3.0 Discussion

    Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission 
may grant exemptions from the regulations in 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 staff reviewed the licensee's request and determined that 
exemptions should be granted from the following requirements: (1) 10 
CFR 73.55(b)(3)(i) requirement that the physical protection program 
have capabilities to interdict and neutralize threats; the 10 CFR 
73.55(b)(3)(i) requirement that the physical protection program has 
capabilities to assess and detect continues to apply; (2) 10 CFR 
73.55(b)(6) requirement to demonstrate and assess effectiveness of the 
local law enforcement agency (LLEA) who serves as armed responders; the 
10 CFR 73.55(b)(6) requirement to establish, maintain, and implement a 
performance evaluation program in accordance with Appendix B of part 73 
to demonstrate and assess the effectiveness of armed responders and 
armed security officers to implement the licensee's protective strategy 
continues to apply to licensee personnel; (3) 10 CFR 73.55(a)(1) 
requirement to implement 10 CFR 73.55 requirements by March 31, 2010; 
(4) 10 CFR 73.55(i)(5)(ii) requirement to provide continuous 
surveillance, observation, and monitoring of the Owner Controlled Area 
(OCA) as described in the security plans to detect and deter intruders 
and ensure the integrity of physical barriers or other components and 
functions of the onsite physical protection program; (5) 10 CFR 
73.55(b)(9)(ii)(A), requirement that the insider mitigation program 
contain elements from the access authorization program described in 10 
CFR 73.56; and (6) 10 CFR 73.55(k)(6)(i) requirement that armed 
officers, designated to strengthen onsite response capabilities, be 
onsite and available at all times to carry out their assigned response 
duties.
    Based on an evaluation of the licensee's request and consideration 
of the reduced radiological risk to the public from an ISFSI at a 
permanently shut down and defueled reactor where all of the nuclear 
fuel is located within the spent fuel pool, NRC staff determined 
granting of these exemption will not inhibit the LACBWR security 
program from continuing to meet the general performance objectives of 
10 CFR 73.55. In addition, the NRC staff determined that (1) there is 
reasonable assurance that the health and safety of the public will not 
be endangered by granting said exemptions; (2) such activities will be 
conducted in compliance with the Commission's regulations and orders; 
and (3) the approval of these exemptions will not be inimical to the 
common defense and security or the health and safety of the public. 
Accordingly, the NRC staff has determined that, pursuant to 10 CFR 
73.5, these exemptions are authorized by law and are otherwise in the 
public interest.
    The NRC is denying the remainder of the DPC's exemption requests 
because (1) the NRC staff determined that the regulations are not 
applicable to this facility or (2) the DPC stated its intent for 
submitting the request was to continue to follow its NRC-approved PSP, 
and the NRC staff determined that the NRC-approved PSP complies with 
the requirement from which the DPC requested an exemption. 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.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
73.5, an exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest based on permanently shut down and defueled conditions 
at the LACBWR. Therefore, the Commission hereby grants the Dairyland 
Power Cooperative an exemption from the following requirements: 10 CFR 
73.55(a)(1) requirement to implement the revised rule by March 31, 
2010; 10 CFR 73.55(b)(3)(i) requirement to interdict and neutralize 
threats; 10 CFR 73.55(b)(6) requirement to demonstrate and assess 
effectiveness of LLEA who serve as armed responders; 10 CFR 
73.55(b)(9)(ii)(A); 10 CFR 73.55(i)(5)(ii); and 10 CFR 73.55(k)(6)(i). 
As per the licensee's request and consistent with the NRC's regulatory 
authority to grant exemptions, the date for the DPC to implement the 10 
CFR 73.55 requirements shall correspond with issuance of this 
exemption.
    Part of this licensing action meets the categorical exclusion 
provision in 10 CFR 51.22(c)(25)(vi)(F), because it is an exemption 
from the requirements of the Commission's regulations and (i) there is 
no significant hazards consideration; (ii) there is no significant 
change in the types or significant increase in the

[[Page 38341]]

amounts of any effluents that may be released offsite; (iii) there is 
no significant increase in individual or cumulative public or 
occupational radiation exposure; (iv) there is no significant 
construction impact; (v) there is no significant increase in the 
potential for or consequences from radiological accidents; and (vi) the 
requirements from which an exemption is sought involve safeguard plans. 
Therefore, this part of the action does not require either an 
environmental assessment or an environmental impact statement.
    Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental 
assessment and finding of no significant impact related to the 
exemption from the implementation date requirement in 10 CFR 
73.55(a)(1) was published in the Federal Register on May 8, 2012 (77 FR 
27097). Based upon the environmental assessment, the Commission has 
determined that issuance of this exemption will not have a significant 
effect on the quality of the human environment.

    These exemptions are effective upon issuance.

    Dated at Rockville, Maryland, this 19th day of June 2012.

    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. 2012-15677 Filed 6-26-12; 8:45 am]
BILLING CODE 7590-01-P