[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71800-71803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28423]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-133; NRC-2014-0225]
Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit
3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption from certain emergency planning requirements in response to
an August 14, 2012, request from the Pacific Gas and Electric Company.
ADDRESSES: Please refer to Docket ID NRC-2014-0225 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0225. Address
questions 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 obtain publicly available documents online in the
ADAMS Public Documents collection 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 PDR: 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 71801]]
FOR FURTHER INFORMATION CONTACT: John B. Hickman, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3017, email:
[email protected].
I. Background
On July 2, 1976, Humboldt Bay Power Plant (HBPP) Unit 3 was shut
down for annual refueling and to conduct seismic modifications. The
unit was never restarted. In 1983, updated economic analyses indicated
that restarting Unit 3 would probably not be cost-effective, and in
June 1983, Pacific Gas and Electric Company (PG&E) announced its
intention to decommission the unit. On July 16, 1985, the U.S. Nuclear
Regulatory Commission (NRC or Commission) issued Amendment No. 19 to
the HBPP Unit 3 Operating License to change the status to possess-but-
not-operate. (ADAMS Accession No. 8507260045.) In December of 2008, the
transfer of spent fuel from the fuel storage pool to the dry-cask
Independent Spent Fuel Storage Installation (ISFSI) was completed, and
the decontamination and dismantlement phase of HBPP Unit 3
decommissioning commenced. Active decommissioning is currently
underway.
II. Request/Action
Section 50.47, ``Emergency Plans,'' of Part 50 of Title 10 of the
Code of Federal Regulations (10 CFR part 50) provides in part, ``. . .
no initial operating license for a nuclear power reactor will be issued
unless a finding is made by the NRC that there is reasonable assurance
that adequate protective measures can and will be taken in the event of
a radiological emergency.'' Appendix E, ``Emergency Planning and
Preparedness for Production and Utilization Facilities,'' to 10 CFR
part 50 provides in part, ``This appendix establishes minimum
requirements for emergency plans for use in attaining an acceptable
state of emergency preparedness.''
On November 23, 2011, the NRC issued a Final Rule modifying or
adding emergency planning (EP) requirements in Section 50.47, Section
50.54, and Appendix E of 10 CFR part 50 (76 FR 72560). The EP Final
Rule was effective on December 23, 2011, with specific implementation
dates for each of the rule changes, varying from the effective date of
the Final Rule through December 31, 2015.
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 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.''
By letter dated August 14, 2012, (ADAMS Accession No. ML12236A327)
PG&E submitted a, ``Request for Exemption from Specific 10 CFR 50
Requirements Regarding Enhancements to Emergency Preparedness
Regulations,'' requesting exemption from specific emergency planning
requirements of 10 CFR 50.47 and Appendix E to 10 CFR part 50 for the
HBPP ISFSI.
III. 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.
The NRC staff reviewed the licensee's request and determined that
exemptions were previously granted or should be granted from the
following requirements: the requirement: ``arrangements to accommodate
State and local staff at the licensee's Emergency Operations Facility
have been made'' of 10 CFR 50.47(b)(3); the requirement: ``and State
and local response plans call for reliance on information provided by
facility licensees for determinations of minimum initial offsite
response measures'' of 10 CFR 50.47(b)(4); the requirement of 10 CFR
50.47(b)(10); the requirement: ``and onsite protective actions during
hostile action'' of 10 CFR part 50, Appendix E, Section IV.1; the
requirement of 10 CFR part 50, Appendix E, Section IV.2; the
requirement of 10 CFR part 50, Appendix E, Section IV.3; the
requirement of 10 CFR part 50, Appendix E, Section IV.4; the
requirement of 10 CFR part 50, Appendix E, Section IV.5; the
requirement of 10 CFR part 50, Appendix E, Section IV.6; the
requirement: ``By June 23, 2014,'' ``a description of the,'' and
``including hostile action at the site. For purposes of this appendix,
``hostile action'' is defined as an act directed toward a nuclear power
plant or its personnel that include the use of violent force to destroy
equipment, take hostages, and/or intimidate the licensee to achieve an
end. This includes attack by air, land, or water using guns,
explosives, projectiles, vehicles, or other devices used to deliver
destructive force'' of 10 CFR part 50, Appendix E, Section IV.A.7; the
requirement of 10 CFR part 50, Appendix E, Section IV.A.9; the
requirements: ``and outside, and offsite, and, By June 20, 2012, for
nuclear power reactor licensees, these action levels must include
hostile action that may adversely affect the nuclear power plant'' of
10 CFR part 50, Appendix E, Section IV.B.1; the requirements: By June
20, 2012,'' ``within 15 minutes'' and ``to protect public health and
safety provided that any delay in declaration does not deny the State
and local authorities the opportunity to implement measures necessary
to protect the public health and safety'' of 10 CFR part 50, Appendix
E, Section IV.C.2; the requirement: ``within 15 minutes'' and ``The
licensee shall demonstrate that the appropriate governmental
authorities have the capability to make a public alerting and
notification decision promptly on being informed by the licensee of an
emergency condition. Prior to initial operation greater than 5 percent
of rated thermal power of the first reactor at the site, each nuclear
power reactor licensee shall demonstrate that administrative and
physical means have been established for alerting and providing prompt
instructions to the public with the plume exposure pathway EPZ. The
design objective of the prompt public alert and notification system
shall be to have the capability to essentially complete the initial
alerting and notification of the public within the plume exposure
pathway EPZ within about 15 minutes. The use of this alerting and
notification capability will range from immediate alerting and
[[Page 71802]]
notification of the public (within 15 minutes of the time that State
and local officials are notified that a situation exists requiring
urgent action) to the more likely events where there is substantial
time available for the appropriate governmental authorities to make a
judgment whether or not to activate the public alert and notification
system. The alerting and notification capability shall additionally
include administrative and physical means for a backup method of public
alerting and notification capable of being used in the event the
primary method of alerting and notification is unavailable during an
emergency to alert or notify all or portions of the plume exposure
pathway EPZ population. The backup method shall have the capability to
alert and notify the public within the plume exposure pathway EPZ, but
does not need to meet the 15 minute design objective for the primary
prompt public alert and notification system. When there is a decision
to activate the alert and notification system, the appropriate
governmental authorities will determine whether to activate the entire
alert and notification system simultaneously or in a graduated or
staged manner. The responsibility for activating such a public alert
and notification system shall remain with the appropriate governmental
authorities'' of 10 CFR part 50, Appendix E, Section IV.D.3; the
requirement: ``onsite technical support center and an emergency
operations'' of 10 CFR part 50, Appendix E, Section IV.E.8.a.(i); the
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.a.(ii); the
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.b; the
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.c; the
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.d; the
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.e, the
requirement of 10 CFR part 50, Appendix E, Section IV.F.2.a; the
requirement: ``Nuclear power reactor licensees shall submit exercise
scenarios under Sec. 50.4 at least 60 days before use in an exercise
required by this paragraph 2.b'' and ``and offsite'' and ``(Technical
Support Center (TSC), Operations Support Center (OSC), and the
Emergency Operations Facility (EOF))'' of 10 CFR part 50, Appendix E,
Section IV.F.2.b; the requirement: ``Such scenarios for nuclear power
reactor licensees must include a wide spectrum of radiological releases
and events, including hostile action'' of 10 CFR part 50, Appendix E,
Section IV.F.2.i; and the requirement of 10 CFR part 50, Appendix E,
Section IV.I.
The exemption request was 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 permanently
shut-down and defueled status of the reactor, 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 Humboldt Bay Site 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, provides reasonable assurance that adequate protective
measures can and will be taken in the event of a radiological emergency
at the Humboldt Bay Site.
The Commission has concluded 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 above are acceptable in view of
the greatly reduced offsite radiological consequences associated with
the current plant status as permanently shut-down and spent nuclear
fuel is stored in an ISFSI.
The NRC has determined that other requirements from which PG&E
requested exemptions were not applicable to the HBPP and ISFSI or are
being met by the Humboldt Bay Site Emergency Plan or an exemption was
not appropriate. Therefore, an exemption was not necessary or was
denied for those requirements. Additional information regarding the NRC
staff evaluation is documented in a Safety Evaluation Report (ADAMS
Accession No. ML13016A210).
A. Exemption Is Authorized by Law
The NRC has found that PG&E meets the criteria for an exemption in
Sec. 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.
B. The Exemption Presents No Undue Risk to Public Health and Safety Is
Consistent With the Common Defense and Security
As noted in Section II., ``REQUEST/ACTION,'' above, PG&E's
compliance with the EP requirements in effect before the effective date
of the EP Final Rule demonstrated reasonable assurance of adequate
protection of the public health and safety and common defense and
security. In the Safety Evaluation Report, the NRC staff explains that
PG&E's implementation of the Humboldt Bay Site 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.
C. Special Circumstances Are Present
For the Commission to grant an exemption, special circumstances
must exist. Under Sec. 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 PG&E's
compliance with the regulations listed above 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 PG&E to comply with the
regulations listed above is not necessary to achieve the underlying
purpose of the EP regulations.
D. Environmental Considerations
Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental
assessment and finding of no significant impact related to this
exemption was published in the Federal Register on October 24, 2014 (79
FR 63647). 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.
IV. Conclusion
The NRC staff reviewed the licensee's submittals and concludes that
the licensee's request for an exemption from certain requirements of 10
CFR 50.47(b) and Appendix E to10 CFR part 50 as specified above is
acceptable in view of the greatly reduced offsite radiological
consequences associated with the current plant status as permanently
shut down and spent nuclear fuel is stored in an ISFSI.
The Commission has determined that, pursuant to 10 CFR 50.12, the
exemptions are authorized by law, will not present an undue risk to the
public health and safety, are consistent with
[[Page 71803]]
the common defense and security, and special circumstances are present.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 5th day of November, 2014.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2014-28423 Filed 12-2-14; 8:45 am]
BILLING CODE 7590-01-P