[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Pages 48565-48566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19929]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-309 and 72-30; NRC-2012-0189]
Maine Yankee Atomic Power Company, Maine Yankee Independent Spent
Fuel Storage Installation, Exemption--Staff Evaluation
1.0 Background
Maine Yankee Atomic Power Company (MY, the licensee) is the holder
of Facility Operating License No. DPR-36 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, MY also holds a 10
CFR part 72 general license for storage of spent fuel and greater than
Class C waste at the MY ISFSI.
Under Facility Operating License No. DPR-36, MY operated a
Pressurized Water Reactor until 1997 when operations ceased. In 2002,
MY began transferring fuel from the reactor spent fuel pool into
vertical dry casks at their ISFSI facility. These activities were
completed in 2004. The MY ISFSI is a stand-alone ISFSI located on
Bailey Point Peninsula near Wiscasset, Maine.
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, on this subject 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
MY 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 29, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML103410468), MY responded to
the August 2, 2010, letter. In its response, MY requested exemptions
from certain requirements in 10 CFR 73.55, ``Requirements for Physical
Protection of Licensed Activities in Nuclear Power Reactors Against
Radiological Sabotage,'' and 10 CFR 73.57, ``Requirements for Criminal
History Checks of Individuals Granted Unescorted Access to a Nuclear
Power Facility or Access to Safeguards Information'' which it
considered either not applicable or caused an undue burden to a stand-
alone ISFSI. MY also submitted a matrix which described how MY either
complied with 10 CFR 73.55, 10 CFR 73.57 and applicable orders or
needed an exemption. MY further stated that its intent in submitting
this exemption request is to maintain its NRC-approved Physical
Security Plan (PSP). In addition, MY 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 (March
27, 2009; 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 MY in
its November 29, 2010, letter. After evaluating the exemption requests,
the staff determined that MY should be granted an exemption from 10 CFR
73.55(e)(10)(ii). Section 73.55(e)(10)(ii) sets forth requirements for
restricting access by waterborne vehicles. The remaining requirements
from which the licensee requested exemptions were determined either to
be inapplicable to the facility or are being met by the licensee's
current PSP; therefore, these exemptions are 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.
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, MY
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. Therefore, the staff concludes that the exemption
does not pose an increased risk to public health and safety and is not
inimical to the common defense and security. Given the above
considerations, this exemption will not endanger life or property or
the common defense and security.
In considering these exemption requests, the staff reviewed an NRC
letter dated July 25, 2001, MY responses to Orders EA-03-97, EA-02-104,
and EA-02-077, and the NRC approved MY ISFSI PSP, Rev. 0, dated August
2009. 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 a 2009 inspection report prepared after
conducting an inspection of the licensee's facility, procedures, and
PSP for compliance with applicable regulations and NRC Orders. Based
upon its review, the NRC staff determined that current barriers and
actions implemented under the MY ISFSI PSP satisfy the requirements of
10 CFR part 73, and that granting the requested exemption will not
result in a violation of the Atomic Energy Act of 1954, as amended, or
the Commission's regulations. After completing its review, the staff
determined granting MY an exemption from the requirements of 10 CFR
73.55(e)(10)(ii) would not decrease the level of security currently in
place at the MY 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, this exemption is authorized by law and is otherwise in the
public interest.
Granting an exemption from the requirement in 10 CFR
73.55(e)(10)(ii)
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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 exemption 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 exemption would not
produce a significant change in either the types or amounts of any
effluents that may be released offsite because the requested exemption
neither changes the effluents nor produces additional avenues of
effluent release; (iii) granting the exemption would not result in a
significant increase in either occupational radiation exposure or
public radiation exposure because the requested exemption neither
introduces new radiological hazards nor increases existing radiological
hazards; (iv) granting the exemption would not result in a significant
construction impact because there are no construction activities
associated with the requested exemption; and; (v) granting the
exemption would not result in a significant increase in the potential
for or consequences from radiological accidents because the exemption
neither reduces the level of security in place at the MY ISFSI nor
creates 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 MY an
exemption from the 10 CFR 73.55(e)(10)(ii) requirement to restrict
waterborne vehicle access and perform periodic surveillance of waterway
approaches. In addition, MY shall continue to follow the NRC approved
ISFSI PSP and applicable NRC orders. As discussed in the preceding
paragraph, the Commission has determined that this action 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. This
exemption is effective upon issuance.
Dated at Rockville, Maryland, this 6th day of August, 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. 2012-19929 Filed 8-13-12; 8:45 am]
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