[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Pages 782-784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31707]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-397; NRC-2012-0322]
Energy Northwest; Columbia Generating Station; Exemption
1.0 Background
Energy Northwest (the licensee) is the holder of Renewed Facility
Operating License No. NPF-21, which authorizes operation of the
Columbia Generating Station. 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 boiling-water reactor located in Benton
County in the state of Washington.
2.0 Request/Action
The regulations in paragraph 50.36a(a)(2) of Title 10 of the Code
of Federal Regulations (10 CFR), require a radioactive effluent release
report for each commercial nuclear power plant to be submitted annually
such that the time between submission of any two reports is not longer
than 12 months.
The licensee's Technical Specification (TS) 5.6.2, ``Radioactive
Effluent Release Report,'' requires the Annual Radioactive Effluent
Release Report (ARERR) to be submitted in accordance with 10 CFR 50.36a
as specified in the licensee's Offsite Dose Calculation Manual (ODCM).
The licensee's ODCM specifies the ARERR to be submitted within 60 days
after January 1 of each calendar year. The licensee indicates this
constitutes an undue administrative burden due to the compressed
schedule for data collection, report preparation, and internal review
following closure of the reporting period. As a result, the licensee
wants to change the ODCM so that the report can be submitted prior to
May 1 of each year. In order to implement this change to the ODCM, the
licensee has requested a one-time exemption from the required 12-month
reporting interval for the next required submittal of the ARERR for the
Columbia Generating Station. This would result in a one-time allowance
of an additional 2 months (i.e., a 14-month
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interval) for the next required submittal of the ARERR. An exemption is
needed because 10 CFR 50.36a(a)(2) specifies the interval between
submittal of successive ARERRs must not exceed 12 months.
In summary, the end result of this exemption would be that the time
interval between the 2011 and the 2012 ARERRs (generated in March 2012
and May 2013) would be 14 months. This is a one-time exemption, and
subsequent ARERRs, generated in 2014 and beyond, would be subject to
the 12-month interval specified in 10 CFR 50.36a(a)(2).
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. These circumstances include
the special circumstances that would provide only temporary relief from
the applicable regulation and the licensee or applicant has made good
faith efforts to comply with the regulations.
Authorized by Law
This exemption would allow the time interval between the 2011 and
the 2012 ARERRs (generated in March 2012 and May 2013 respectively) to
be increased to 14 months. This is a one-time exemption, and subsequent
ARERRs, generated in 2014 and beyond, would be subject to the 12-month
interval specified in 10 CFR 50.36a(a)(2). As stated above, 10 CFR
50.12 allows the NRC to grant exemptions from the requirements of 10
CFR 50.36a(a)(2). The NRC staff has determined that granting of the
licensee's proposed exemption will not result in a violation of the
Atomic Energy Act of 1954, as amended, or the Commission's regulations.
Therefore, the exemption is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purposes of 10 CFR 50.36a(a)(2) is to ensure that
once each year, prior to a specified date, the licensee submits an
ARERR to the NRC that specifies (1) the principal radionuclides
released in liquid and gaseous effluents, (2) the amounts of each
radionuclide released, and (3) other such information that may be
required by the NRC to estimate doses to members of the public in the
unrestricted areas during the previous calendar year. The proposed
exemption only changes the date the ARERR would be submitted to the
NRC, but does not change any of the information presented in the ARERR.
Based on the above, no new accident precursors are created by
extending the submittal date for the next ARERR (from prior to March 1)
to prior to May 1, thus, the probability of postulated accidents is not
increased. Also, based on the above, 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 exemption would extend the time interval between the
2011 and the 2012 ARERRs (generated in March 2012 and May 2013,
respectively) to 14 months. This is a one-time exemption, and
subsequent ARERRs, generated in 2014 and beyond, would be subject to
the 12-month interval specified in 10 CFR 50.36a(a)(2). This change to
the date the ARERR is submitted to the NRC has no relation to security
issues. Therefore, the common defense and security is not impacted by
this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v),
are present whenever application of the regulation in the particular
circumstances would provide only temporary relief from the applicable
regulation and the licensee has made good faith efforts to comply with
the regulation. The requested exemption asks for a one-time relaxation
of the 12-month ARERR reporting requirement. Therefore, the relief is
temporary. The licensee has submitted an annual report at the 12-month
reporting interval every year since 1985. The NRC staff agrees
submitting the report within 60 days of January 1 may present an undue
administrative burden due to the necessary data collection, report
preparation, and internal review. The licensee agrees to submit the
report, in its entirety, within 2 months of the required 12-month
reporting interval. In addition, ARERRs generated in 2014 and beyond,
would be subject to the 12-month interval specified in 10 CFR
50.36a(a)(2) with ARERRs being submitted prior to May 1 of each year.
As a result, the NRC staff concludes the licensee has made a good faith
effort to comply with the regulation. Therefore, since the underlying
purpose of 10 CFR 50.36a(a)(2) is achieved, the special circumstances
required by 10 CFR 50.12(a)(2)(v) for the granting of an exemption from
10 CFR 50.36a(a)(2) exist.
4.0 Environmental Consideration
This exemption authorizes a one-time exemption from the
requirements of 10 CFR 50.36a(a)(2) for the CGS. The NRC staff has
determined that this exemption involves no significant hazards
considerations:
(1) The proposed exemption is limited to a one-time 2-month
extension for submittal of the 2012 ARERR. The proposed exemption does
not make any changes to the facility or operating procedures and does
not alter the design, function or operation of any plant equipment.
Therefore, issuance of this exemption does not increase the probability
or consequences of an accident previously evaluated.
(2) The proposed exemption is limited to a one-time 2-month
extension for submittal of the 2012 ARERR. The proposed exemption does
not make any changes to the facility or operating procedures and would
not create any new accident initiators. The proposed exemption does not
alter the design, function or operation of any plant equipment.
Therefore, this exemption does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
(3) The proposed exemption is limited to a one-time 2-month
extension for submittal of the 2012 ARERR. The proposed exemption does
not alter the design, function or operation of any plant equipment.
Therefore, this exemption does not involve a significant reduction in
the margin of safety.
Based on the above, the NRC staff concludes that the proposed
exemption does not involve a significant hazards consideration under
the standards set forth in 10 CFR 50.92(c), and accordingly, a finding
of ``no significant hazards consideration'' is justified.
The NRC staff has also determined that the exemption involves no
significant increase in the amounts, and no significant change in the
types, of any effluent that may be released offsite; there is no
significant increase in individual or cumulative occupational radiation
exposure; there is no significant construction impact; and there is no
significant increase in the potential for or consequences from a
radiological accident. Furthermore, the requirement from which the
licensee will be exempted involves reporting requirements. Accordingly,
the exemption meets the eligibility criteria for categorical exclusion
set forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no
environmental impact statement or environmental assessment
[[Page 784]]
needs to be prepared in connection with the issuance of this exemption.
5.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also, special circumstances are present.
Therefore, the Commission hereby grants Energy Northwest a one-time
exemption from 10 CFR Part 50, Section 50.36a(a)(2) to submit the 2012
ARERR prior to May 1, 2013, for the Columbia Generating Station.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 21st day of December 2012.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2012-31707 Filed 1-3-13; 8:45 am]
BILLING CODE 7590-01-P