[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11233-11236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04288]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2015-0042]
Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear
Generating Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of exemptions in response to a request from Duke Energy
Florida, Inc. (DEF, the licensee) that would permit the licensee to
reduce its emergency planning (EP) activities at the Crystal River Unit
3 Nuclear Generating Plant (CR-3). CR-3 has been shut down since
September 26, 2009, and the final removal of fuel from the reactor
vessel was completed on May 28, 2011. By letter dated February 20,
2013, DEF
[[Page 11234]]
submitted a certification to the NRC of permanent cessation of power
operations and the removal of fuel from the reactor vessel. The
licensee is seeking exemptions that would eliminate the requirements to
maintain offsite radiological emergency plans and reduce some of the
onsite EP activities based on the reduced risks at the permanently
shutdown and defueled reactor. Offsite EP provisions would still exist
using a comprehensive emergency management plan process. The NRC staff
is issuing a final environmental assessment (EA) and final finding of
no significant impact (FONSI) associated with the proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on
March 2, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0042 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-2015-0042. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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.
FOR FURTHER INFORMATION CONTACT: Michael D. Orenak, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-3229; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
Crystal River Unit 3 Nuclear Generating Plant (CR-3) is a
permanently shutdown and defueled power reactor in the process of
decommissioning. CR-3 is located in Citrus County, Florida, 80 miles
north of Tampa, FL. Duke Energy Florida, Inc. (DEF, the licensee) is
the holder of Facility Operating License No. DPR-72 for CR-3. CR-3 has
been shut down since September 26, 2009, and the final removal of fuel
from the reactor vessel was completed on May 28, 2011. By letter dated
February 20, 2013, DEF submitted a certification to the NRC of
permanent cessation of power operations and the removal of fuel from
the reactor vessel. As a permanently shutdown and defueled facility,
and pursuant to section 50.82(a)(2) of Title 10 of the Code of Federal
Regulations (10 CFR), CR-3 is no longer authorized to be operated or to
have fuel placed into its reactor vessel, but the licensee is still
authorized to possess and store irradiated nuclear fuel. Irradiated
fuel is currently stored onsite at CR-3 in a spent fuel pool (SFP). The
licensee has requested exemptions from certain emergency planning (EP)
requirements in 10 CFR part 50, ``Domestic Licensing of Production and
Utilization Facilities,'' for CR-3. The NRC regulations concerning EP
do not recognize the reduced risks after a reactor is permanently shut
down and defueled. A permanently shutdown reactor, such as CR-3, must
continue to maintain the same EP requirements as an operating power
reactor under the existing regulatory requirements. To establish a
level of EP commensurate with the reduced risks of a permanently
shutdown and defueled reactor, DEF requires exemptions from certain EP
regulatory requirements before it can change its emergency plans.
The NRC is considering issuance of exemptions to DEF from portions
of 10 CFR 50.47, ``Emergency plans,'' and 10 CFR part 50, appendix E,
``Emergency Planning and Preparedness for Production and Utilization
Facilities,'' which would permit DEF to modify its emergency plan to
eliminate the requirements to maintain offsite radiological emergency
plans and reduce some of the onsite EP activities based on the reduced
risks at CR-3, due to its permanently shutdown and defueled status.
Consistent with 10 CFR 51.21, the NRC has reviewed the requirements in
10 CFR 51.20(b) and 10 CFR 51.22(c) and determined that an
environmental assessment (EA) is the appropriate form of environmental
review for the requested action. Based on the results of the EA, which
is provided in Section II of this document, the NRC has determined not
to prepare an environmental impact statement for the proposed action,
and is issuing a finding of no significant impact.
II. Environmental Assessment
Identification of the Proposed Action
The proposed action would exempt DEF from meeting certain
requirements set forth in 10 CFR 50.47 and appendix E to 10 CFR part
50. More specifically, DEF requested exemptions from (1) certain
requirements in 10 CFR 50.47(b) regarding onsite and offsite emergency
response plans for nuclear power reactors, (2) certain requirements in
10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway EP
zones for nuclear power reactors, and (3) certain requirements in 10
CFR part 50, appendix E, section IV, which establishes the elements
that make up the content of emergency plans. The proposed action of
granting these exemptions would result in the elimination of the
requirements for the licensee to maintain offsite radiological
emergency plans and reduce some of the onsite EP activities at CR-3,
based on the reduced risks at the permanently shutdown and defueled
reactor. However, requirements for certain onsite capabilities to
communicate and coordinate with offsite response authorities will be
retained. If necessary, offsite protective actions could still be
implemented using a comprehensive emergency management plan (CEMP)
process. A CEMP in this context, also referred to as an emergency
operations plan (EOP), is addressed in the Federal Emergency Management
Agency's Comprehensive Preparedness Guide (CPG) 101, ``Developing and
Maintaining Emergency Operations Plans.'' The CPG 101 is the foundation
for State, territorial, tribal, and local EP in the United States. It
promotes a common understanding of the fundamentals of risk-informed
planning and decisionmaking, and helps planners at all levels of
government in their efforts to develop and maintain viable, all-
hazards, all-threats emergency plans. An EOP is flexible enough for use
in all emergencies. It describes how people and property will be
protected; details regarding who is responsible for carrying out
specific actions; identifies the personnel, equipment, facilities,
supplies, and other resources available; and outlines how all actions
will be coordinated. A CEMP is often referred to as a synonym for ``all
hazards planning.''
[[Page 11235]]
The proposed action is in accordance with the licensee's
application dated September 26, 2013, ``Permanently Defueled Emergency
Plan and Emergency Action Level Scheme, and Request for Exemption to
Certain Radiological Emergency Response Plan Requirements Defined by 10
CFR [Part] 50'' (ADAMS Accession No. ML13274A584), as supplemented by
letters dated March 28, 2014, and August 28, 2014. In its letter dated
March 28, 2014 (ADAMS Accession No. ML14098A072), DEF provided
responses to the NRC staff's request for additional information
concerning the proposed exemptions. In its letter dated August 28, 2014
(ADAMS Accession No. ML14251A237), DEF provided a supplement, which
amended its request to align with the exemptions approved in Staff
Requirements Memorandum to SECY-14-0066 (ADAMS Accession No.
ML14219A366).
Need for the Proposed Action
The proposed action is needed for DEF to revise the CR-3 emergency
plan to reflect the permanently shutdown and defueled status of the
facility. The EP requirements currently applicable to CR-3 are for an
operating power reactor. There are no explicit regulatory provisions
distinguishing EP requirements for a power reactor that has been
permanently shutdown from those for an operating power reactor.
Therefore, since the 10 CFR part 50 license for CR-3 no longer
authorizes operation of the reactor or emplacement or retention of fuel
into the reactor vessel as specified in 10 CFR 50.82(a)(2), the
occurrence of postulated accidents associated with reactor operation is
no longer credible.
In its exemption request, the licensee identified six possible
radiological accidents at CR-3 in its permanently shut down and
defueled condition. These are (1) a fuel handling accident, (2) a
radioactive waste handling accident, (3) a loss of SFP normal cooling
(boil off), (4) a loss of SFP inventory with air-cooling, (5) an
adiabatic heatup of the hottest fuel assembly, and (6) a loss of SFP
inventory radiation dose. The NRC staff evaluated these possible
radiological accidents in the Commission Paper (SECY) 14-0118,
``Request by Duke Energy Florida, Inc., for Exemptions from Certain
Emergency Planning Requirements,'' dated October 29, 2014 (ADAMS
Accession No. ML14219A444). In SECY-14-0118, the staff verified that
DEF's analyses and calculations provide reasonable assurance that if
the requested exemptions were granted, then (1) for a design-basis
accident (DBA), an offsite radiological release will not exceed the
Environmental Protection Agency's (EPA) Protective Action Guides (PAGs)
at the exclusion area boundary, as detailed in the EPA ``PAG Manual,
Protective Action Guides and Planning Guidance for Radiological
Incidents,'' dated March 2013, which was issued as Draft for Interim
Use and Public Comment; and, (2) in the unlikely event of a beyond DBA
resulting in a loss of all SFP cooling, there is sufficient time to
initiate appropriate mitigating actions, and in the unlikely event that
a release is projected to occur, there is sufficient time for offsite
agencies to take protective actions using a CEMP to protect the health
and safety of the public. The Commission approved the NRC staff's
recommendation to grant the exemptions in the Staff Requirements
Memorandum to SECY-14-0118, dated December 30, 2014 (ADAMS Accession
No. ML14364A111).
Based on these analyses, the licensee states that complete
application of the EP rule, in its particular circumstances as a
permanently shutdown and defueled reactor with sufficiently cooled
spent fuel in its spent fuel pool, would not serve the underlying
purpose of the rule or is not necessary to achieve the underlying
purpose of the rule. DEF also states that it would incur undue costs in
the application of operating plant EP requirements for the maintenance
of an emergency response organization in excess of that actually needed
to respond to the diminished scope of credible accidents for a
permanently shutdown and defueled reactor, with sufficiently cooled
spent fuel in its spent fuel pool.
Environmental Impacts of the Proposed Action
The NRC staff concluded that the exemptions, if granted, will not
significantly increase the probability or consequences of accidents at
CR-3 in its permanently shutdown and defueled condition. There will be
no significant change in the types of any effluents that may be
released offsite. There will be no significant increase in the amounts
of any effluents that may be released offsite. There will be no
significant increase in individual or cumulative occupational or public
radiation exposure. Therefore, there are no significant radiological
environmental impacts associated with the proposed action.
With regards to potential non-radiological impacts, the proposed
action does not have any foreseeable impacts to land, air, or water
resources, including impacts to biota. In addition, there are also no
known socioeconomic or environmental justice impacts associated with
the proposed action. Therefore, there are no significant non-
radiological environmental impacts associated with the proposed action.
Accordingly, the NRC concludes that there are no significant
environmental impacts associated with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the staff considered
denial of the proposed action (i.e., the ``no-action'' alternative).
Denial of the application would result in no change in current
environmental impacts. Therefore, the environmental impacts of the
proposed action and the alternative action are similar.
Alternative Use of Resources
The proposed action does not involve the use of any different
resources than those previously considered in the Final Environmental
Statement for CR-3, dated May 1973 (ADAMS Accession No. ML091520178).
Agencies or Persons Consulted
The NRC staff did not enter into consultation with any other
Federal agency or with the State of Florida regarding the environmental
impact of the proposed action. On January 20, 2015, the Florida state
representative was notified of this EA and FONSI and did not provide
any comments.
III. Finding of No Significant Impact
The licensee has proposed exemptions from (1) certain requirements
in 10 CFR 50.47(b) regarding onsite and offsite emergency response
plans for nuclear power reactors; (2) certain requirements in 10 CFR
50.47(c)(2) to establish plume exposure and ingestion pathway EP zones
for nuclear power reactors; and (3) certain requirements in 10 CFR part
50, appendix E, section IV, which establishes the elements that make up
the content of emergency plans. The proposed action of granting these
exemptions would result in the elimination of the requirements for the
licensee to maintain offsite radiological emergency plans and reduce
some of the onsite EP activities at CR-3, based on the reduced risks at
the permanently shutdown and defueled reactor. However, requirements
for certain onsite capabilities to communicate and coordinate with
offsite response authorities will be retained.
Consistent with 10 CFR 51.21, the NRC conducted the EA for the
proposed
[[Page 11236]]
action included in Section II of this document and incorporated by
reference in this finding. On the basis of this EA, the NRC concludes
that the proposed action will not have a significant effect on the
quality of the human environment. Accordingly, the NRC has decided not
to prepare an environmental impact statement for the proposed action.
This EA and FONSI is based on the licensee's letter dated September
26, 2013, as supplemented by letters dated March 28, 2014, and August
28, 2014. Otherwise, there are no other environmental documents
associated with this review. These documents are available for public
inspection as indicated above.
Dated at Rockville, Maryland, this 23rd day of February, 2015.
For the Nuclear Regulatory Commission.
Meena K. Khanna,
Chief, Plant Licensing IV-2 and Decommissioning Transition Branch,
Division of Operating Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2015-04288 Filed 2-27-15; 8:45 am]
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