[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62539-62540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25241]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-336; NRC-2010-0128]
Dominion Nuclear Connecticut, Inc.; Millstone Power Station, Unit
2, Revocation of Exemption
1.0 Background
Dominion Nuclear Connecticut, Inc., (DNC or the licensee) is the
holder of Facility Operating License No. DPR-65, which authorizes
operation of the Millstone Power Station, Unit 2 (MPS2). 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, the Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor located in New
London County, Connecticut.
2.0 Request/Action
By letter dated November 5, 2004,\1\ as supplemented by letters
dated January 6 and January 25, 2005,\2\ the licensee
[[Page 62540]]
submitted a request for an exemption from the requirements in section
50.68(b)(1) of Title 10 of the Code of Federal Regulations (10 CFR) for
loading, unloading, and handling of the components of the Transnuclear
(TN) NUHOMS[supreg]-32PT dry cask storage system at MPS2. By Exemption
dated February 15, 2005,\3\ the NRC granted DNC's request.
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\1\ Agencywide Document Access and Management System (ADAMS)
Accession No. ML043130360.
\2\ ADAMS Accession Nos. ML050110079 and ML050260675,
respectively.
\3\ ADAMS Accession No. ML050420058.
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Section 50.68(b)(1) of 10 CFR set forth the following requirement,
at the time the exemption was granted, that must be met, in lieu of a
monitoring system capable of detecting criticality events.
Plant procedures shall prohibit the handling and storage at any
one time of more fuel assemblies than have been determined to be
safely subcritical under the most adverse moderation conditions
feasible by unborated water.
The licensee was unable to satisfy the above requirement for
handling the 10 CFR Part 72 licensed contents of the TN NUHOMS[supreg]-
32PT system. Section 50.12(a) allows licensees to apply for an
exemption from the requirements of 10 CFR Part 50 if the regulation is
not necessary to achieve the underlying purpose of the rule and other
conditions are met. The licensee stated in the application that
compliance with 10 CFR 50.68(b)(1) is not necessary for handling the 10
CFR Part 72 licensed contents of the cask system to achieve the
underlying purpose of 10 CFR 50.68(b)(1). The Commission determined
that, pursuant to 10 CFR 50.12(a), the exemption was authorized by law,
would not present an undue risk to the public health and safety, and
was consistent with the common defense and security. Also, special
circumstances were present. Therefore, the Commission granted DNC an
exemption from the requirements of 10 CFR 50.68(b)(1) for the loading,
unloading, and handling of the components of the TN NUHOMS[supreg]-32PT
storage system at MPS2.
On November 16, 2006 (71 FR 66648), the NRC published a direct
final rule in the Federal Register amending its regulations ``so that
the requirements governing criticality control for the spent fuel pool
storage racks do not apply to the fuel within the spent fuel
transportation package or storage cask when the package or cask is in
the spent fuel pool.'' The regulation in 10 CFR 50.68 was amended by
adding a new paragraph (c) which states the following:
(c) While a spent fuel transportation package approved under
Part 71 of this chapter or spent fuel storage cask approved under
Part 72 of this chapter is in the spent fuel pool:
(1) The requirements in Sec. 50.68(b) do not apply to the fuel
located within that package or cask; and
(2) The requirements in Part 71 or 72 of this chapter, as
applicable, and the requirements of the Certificate of Compliance
for that package or cask apply to the fuel within that package or
cask.
The statements of consideration state that for licensees with an
approved exemption, these licensees can continue to use their approved
exemption or they may choose to comply with the amended rule. The
statements of consideration go on to say, ``[o]perating under the
exemption or the amended rule have effectively the same criticality
accident requirements for fuel within a package or cask in a spent fuel
pool, namely only those of 10 CFR Part 71 or 72, as applicable.''
By letter dated April 10, 2012,\4\ DNC stated that MPS2 will comply
with the amended rule instead of the February 15, 2005, exemption.
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\4\ ADAMS Accession No. ML12102A057.
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3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50 when (1) the exemptions are
authorized by law, will not present an undue risk to public health or
safety, and are consistent with the common defense and security; and
(2) when special circumstances are present. On February 15, 2005, the
NRC granted the above exemption for the technical requirements of 10
CFR 50.68(b)(1) for loading, unloading, and handling of the components
of the TN NUHOMS[supreg]-32PT storage system at MPS2.
Based on the NRC rule change that amended the requirements of 10
CFR 50.68, in November 2006, DNC is able to comply with all
requirements of 10 CFR 50.68. The NRC staff examined the licensee's
rationale, and concluded that the revocation is acceptable because the
licensee has established compliance with 10 CFR 50.68 for loading,
unloading, and handling of the components of the TN NUHOMS[supreg]-32PT
storage system at MPS2.
This revocation of exemption would remove the licensee's exemption
from the associated requirements of 10 CFR 50.68(b)(1) for loading,
unloading, and handling of the components of the TN NUHOMS[supreg]-32PT
dry cask storage system at MPS2, which was granted by the Commission on
February 15, 2005. With the exemption removed, MPS2 will be subject to
all of the applicable requirements of 10 CFR 50.68. The NRC staff has
determined that revoking the exemption will not result in a violation
of the Atomic Energy Act of 1954, as amended, or the Commission's
regulations.
No Undue Risk to Public Health and Safety
The underlying purposes of 10 CFR 50.68 is to maintain spent fuel
pools subcritical in an unborated, maximum moderation condition. DNC
has decided to comply with all of the amended requirements of 10 CFR
50.68 which were issued in November 2006, without exemption. Based on
compliance with the requirements of 10 CFR 50.68, no new accident
precursors are created by the revocation of this exemption, thus, the
probability of postulated accidents is not increased. Also, based on
compliance with the requirements of 10 CFR 50.68, the consequences of
postulated accidents are not increased. Therefore, there is no undue
risk to public health and safety.
Consistent With Common Defense and Security
The proposed revocation of exemption would restore the requirements
of 10 CFR 50.68 for loading, unloading, and handling of the components
of the TN NUHOMS[supreg]-32PT dry cask storage system at MPS2 . This
change to the operation of the plant has no relation to security
issues. Therefore, the common defense and security is not impacted by
this exemption.
4.0 Conclusion
Accordingly, the Commission has determined that the exemption
granted February 15, 2005, related to loading, unloading, and handling
of the components of the TN NUHOMS[supreg]-32PT dry cask storage system
at MPS2 is hereby revoked.
Pursuant to 10 CFR 51.32, the Commission has determined that the
revocation of this exemption will not have a significant effect on the
quality of the human environment (71 FR 66650).
This exemption revocation is effective upon issuance.
Dated at Rockville, Maryland, this 3rd day of October 2012.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2012-25241 Filed 10-12-12; 8:45 am]
BILLING CODE 7590-01-P