[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61401-61403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24302]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-155; 72-43 and NRC-2013-0218]
Entergy Nuclear Operations, Inc.; Big Rock Point; Independent
Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a request submitted by Entergy Nuclear
Operations, Inc. (ENO) on June 20, 2012, for the Big Rock Point (BRP)
Independent Spent Fuel Storage Installation (ISFSI).
ADDRESSES: Please refer to Docket ID NRC-2013-0218 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0218. Address
question about NRC dockets to Carol Gallagher; telephone: 301-287-3422;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDC: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
[[Page 61402]]
FOR FURTHER INFORMATION CONTACT: Dr. Pamela Longmire, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-0829; email:
[email protected].
1.0 Introduction
On November 23, 2011 (76 FR 72560), the NRC issued a final rule (EP
Final Rule) modifying or adding certain emergency planning (EP)
requirements in Sec. Sec. 50.47, 50.54, and appendix E of Title 10 of
the Code of Federal Regulations (10 CFR). The EP Final Rule was
effective on December 23, 2011, with specific implementation dates for
each of the rule changes.
Entergy Nuclear Operations, Inc. (ENO) is the holder of Facility
Operating License DPR-6 for the BRP facility. The license, issued
pursuant to the Atomic Energy Act of 1954, as amended, and 10 CFR part
50, allows ENO to possess and store spent nuclear fuel at the
permanently shutdown and decommissioned facility under the provision of
10 CFR part 72, subpart K, ``General License for Storage of Spent Fuel
at Power Reactor Sites.'' In a letter dated June 26, 1997 (ADAMS Legacy
Accession No. 9707030167), Consumers Energy Company (CEC) informed the
NRC that the BRP facility had permanently ceased power operations. In a
letter dated September 23, 1997 (ADAMS Legacy Accession No.
9709300363), CEC informed the NRC that it had permanently moved the
fuel from the reactor to the spent fuel pool.
After ceasing operations at the reactor, CEC began transferring
spent nuclear fuel from the spent fuel pool to the BRP ISFSI for long
term dry storage. As discussed in letters dated September 8, 2005, and
November 16, 2006 (ADAMS Accession Nos. ML052550366 and ML063260085,
respectively), these activities were completed in 2003, and final
decommissioning of the reactor site was completed in 2006. The BRP
ISFSI is a stand-alone ISFSI located on approximately 30 acres in
Charlevoix County, on the northern shore of Michigan's Lower Peninsula.
In a letter dated July 30, 2007 (ADAMS Accession No. ML072220219), ENO
applied for an order approving indirect transfer of control of licenses
for BRP. By letter dated July 28, 2008 (ADAMS Accession No.
ML080940528), the NRC consented to the proposal.
On June 20, 2012, ENO submitted a letter, ``Request for Exemption
from Emergency Planning and Preparedness Requirements'' (ADAMS
Accession No. ML12173A066), requesting exemption from specific
emergency planning requirements of 10 CFR 50.47 and appendix E to 10
CFR part 50 for the BRP ISFSI.
ENO states that this exemption request and its impact on the
corresponding emergency plan: (1) Is authorized by law; (2) will not
present an undue risk to the public health and safety; and (3) is
consistent with the common defense and security in accordance with 10
CFR 50.12. ENO states that its intent in submitting this exemption
request is to maintain the regulatory structure in place prior to the
issuance of the EP Final Rule and, therefore, does not propose any
changes to its emergency plan or implementing procedures other than
simple regulatory reference changes that can be implemented under 10
CFR 50.54(q).
2.0 Discussion
On September 19, 1997 (ADAMS Legacy Accession No. 9709240386), CEC
requested an exemption from the provisions of 10 CFR 50.54(q) that
required emergency plans to meet all of the standards of 10 CFR
50.47(b) and all of the requirements of appendix E to 10 CFR part 50 so
that the licensee would have to meet only certain EP standards and
requirements. Additionally, in a letter dated September 19, 1997 (ADAMS
Legacy Accession No. 9709240383), CEC requested approval of a proposed
BRP Defueled Emergency Plan (DEP) that proposed to meet those limited
standards and requirements.
The NRC approved the requested exemption and the BRP DEP on
September 30, 1998 (ADAMS Legacy Accession No. 9810080019). The safety
evaluation report (SER) established EP requirements for BRP as
documented in the DEP. The NRC staff (staff) concluded that the
licensee's emergency plan was acceptable in view of the greatly reduced
offsite radiological consequences associated with the decommissioning
plant status. The staff found that the postulated dose to the general
public from any reasonably conceivable accident would not exceed the
U.S. Environmental Protection Agency (EPA) Protective Action Guides
(PAGs), and for the bounding accident, the length of time available to
respond to a loss of spent fuel cooling or reduction in water level
gave confidence that offsite measures for the public could be taken
without preparation.
CEC completed moving spent nuclear fuel and Greater-Than-Class-C
(GTCC) waste into dry storage at the BRP ISFSI in March of 2003. On
September 9, 2004, CEC submitted a request for approval of the BPR
Emergency Plan to reflect that only an ISFSI remained at the site
(ADAMS Accession No. ML042530611). The NRC approved the BRP ISFSI
Emergency Plan on October 13, 2005 (ADAMS Accession No. ML052690042).
The NRC staff concluded that the BRP ISFSI Emergency Plan met the
emergency planning requirements contained in 10 CFR part 72 for an
ISFSI not located on the site of an operating nuclear power reactor,
and thus provided for an acceptable level of emergency preparedness.
Since this approval, BRP has not requested nor received substantive
exemptions from emergency planning requirements.
Revision 4 of the BRP ISFSI Emergency Plan, dated September 9, 2008
(Reference 13), reflects the current conditions, where only the ISFSI
and its related support systems, structures, and components remain.
With the EP Final Rule, several requirements in 10 CFR part 50 were
modified or added, including changes in Sec. Sec. 50.47, 50.54, and
appendix E. The EP Final Rule codified certain voluntary protective
measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness
and Response Actions for Security-Based Events,'' and generically
applicable requirements similar to those previously imposed by NRC
Order EA-02-026, ``Order for Interim Safeguards and Security
Compensatory Measures,'' dated February 25, 2002.
In addition, the EP Final Rule amended other licensee emergency
plan requirements to: (1) Enhance the ability of licensees in preparing
for and in taking certain protective actions in the event of a
radiological emergency; (2) address, in part, security issues
identified after the terrorist events of September 11, 2001; (3)
clarify regulations to effect consistent emergency plan implementation
among licensees; and (4) modify certain EP requirements to be more
effective and efficient. However, the EP Final Rule was only an
enhancement to the NRC's regulations and was not necessary for adequate
protection. On page 72563 of the Federal Register notice for the EP
Final Rule, the Commission ``determined that the existing regulatory
structure ensures adequate protection of public health and safety and
common defense and security.''
3.0 Regulatory Evaluation
In the Final Rule for Storage of Spent Fuel in NRC-Approved Storage
Casks at Power Reactor Sites (55 FR 29181; July 18, 1990), the NRC
amended its regulations to provide for the storage of spent nuclear
fuel under a general license on the site of any nuclear power reactor.
In its Statement of Considerations (SOC) for the Final Rule
[[Page 61403]]
(55 FR 29185), the Commission responded to comments related to
emergency preparedness for spent fuel dry storage, stating, ``The new
10 CFR 72.32(c) . . . states that, `For an ISFSI that is located on the
site of a nuclear power reactor licensed for operation by the
Commission, the emergency plan required by 10 CFR 50.47 shall be deemed
to satisfy the requirements of this Section.' One condition of the
general license is that the reactor licensee must review the reactor
emergency plan and modify it as necessary to cover dry cask storage and
related activities. If the emergency plan is in compliance with 10 CFR
50.47, then it is in compliance with the Commission's regulations with
respect to dry cask storage.''
In the SOC for the Final Rule for EP requirements for ISFSIs and
Monitored Retrievable Storage Installation (MRS) (60 FR 32430; June 22,
1995), the Commission stated, in part, that ``current reactor emergency
plans cover all at-or near reactor ISFSI's. An ISFSI that is to be
licensed for a stand-alone operation will need an emergency plan
established in accordance with the requirements in this rulemaking''
(60 FR 32431). The Commission responded to comments (60 FR 32435)
concerning offsite emergency planning for ISFSIs or an MRS and
concluded that ``the offsite consequences of potential accidents at an
ISFSI or a MRS would not warrant establishing Emergency Planning
Zones.''
As part of the review for ENO's current exemption request, the
staff also used the EP regulations in 10 CFR 72.32 and Spent Fuel
Project Office Interim Staff Guidance (ISG)--16, ``Emergency
Planning,'' (ADAMS Accession No. ML003724570) as references to ensure
consistency between specific-licensed and general-licensed ISFSIs.
4.0 Technical Evaluation
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. The staff reviewed this
request to determine whether the specific exemptions should be granted,
and the staff evaluation (SE) is provided in its letter to ENO, dated
September 26, 2013 (ADAMS Accession No. ML13268A501). After evaluating
the exemption requests, the staff determined that the ENO should be
granted the exemptions detailed in the SE.
The NRC has found that the ENO meets the criteria for an exemption
in 10 CFR 50.12. The NRC has determined that granting the 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.
As noted in Section 2.0, ``Discussion,'' above, the ENO's
compliance with the EP requirements that were in effect before the
effective date of the EP Final Rule demonstrated reasonable assurance
of adequate protection of public health and safety and common defense
and security. In its SE, the NRC staff explains that the ENO's
implementation of its Emergency Plan, with the exemptions, will
continue to provide this reasonable assurance of adequate protection.
Thus, granting the exemptions will not present an undue risk to public
health or safety and is not inconsistent with the common defense and
security.
For the Commission to grant an exemption, special circumstances
must exist. Under 10 CFR 50.12(a)(2)(ii), special circumstances are
present when ``[a]pplication of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule.'' These
special circumstances exist here. The NRC has determined that the ENO's
compliance with the regulations that the staff describes in its SE is
not necessary for the licensee to demonstrate that, under its emergency
plan, there is reasonable assurance that adequate protective measures
can and will be taken in the event of a radiological emergency.
Consequently, special circumstances are present because requiring the
ENO to comply with the regulations that the staff describes in its SE
is not necessary to achieve the underlying purpose of the EP
regulations.
5.0 Evironmental Assessment (EA)
The NRC staff also considered in the review of this exemption
request whether there would be any significant environmental impacts
associated with the exemption. For this proposed action, the NRC staff
performed an environmental assessment pursuant to 10 CFR 51.30. The
proposed action is the approval of a request to exempt the applicant
from certain requirements of 10 CFR 50.47(b) and portions of 10 CFR
part 50, appendix E.
The environmental assessment concluded that the proposed action
would not significantly impact the quality of the human environment.
The NRC staff concludes that the proposed action will not result in any
changes in the types or amounts of any radiological effluents that may
be released offsite, and there is no significant increase in
occupational or public radiation exposure because of the proposed
action. The Environmental Assessment and the Finding of No Significant
Impact was published on September 24, 2013 (78 FR 58570).
6.0 Conclusion
The NRC concludes that the licensee's request for an exemption from
certain requirements of 10 CFR 50.47(b) and 10 CFR part 50, appendix E,
section IV as specified in this SE is acceptable in view of the greatly
reduced offsite radiological consequences associated with the ISFSI.
The BRP ISFSI Emergency Plan has been reviewed against the
acceptance criteria included in 10 CFR 50.47, appendix E to 10 CFR part
50, 10 CFR 72.32 and Interim Staff Guidance--16. The review considered
the ISFSI and the low likelihood of any credible accident resulting in
radiological releases requiring offsite protective measures. These
evaluations were supported by the previously documented licensee and
staff accident analyses. The staff concludes that: The BRP ISFSI
Emergency Plan provides: (1) An adequate basis for an acceptable state
of emergency preparedness; and (2) in conjunction with arrangements
made with offsite response agencies, reasonable assurance that adequate
protective measures can and will be taken in the event of a
radiological emergency at the BRP facility.
The NRC has determined that pursuant to 10 CFR 50.12, the
exemptions described in the SE are authorized by law, will not endanger
life or property or the common defense and security, and are otherwise
in the public interest, and special circumstances are present.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th day of September, 2013.
For the Nuclear Regulatory Commission.
Anthony H. Hsia,
Deputy Director, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-24302 Filed 10-2-13; 8:45 am]
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