[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20512-20515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08676]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304; NRC-2015-0087]


ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from certain emergency planning requirements in response to a 
June 20, 2012, request from ZionSolutions, LLC. The requirements were 
part of a final rule that the NRC issued on November 23, 2011.

DATES: April 16, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0087 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-2015-0087. 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/

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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 (if it 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: 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

    Zion Nuclear Power Station (ZNPS) Units 1 and 2 were permanently 
shut down in February 1998, for economic reasons, and the licensee 
placed the plant in SAFSTOR. The licensee isolated the spent fuel pool 
(SFP) within its Fuel Building and established a spent fuel pool 
nuclear island with SFP-dedicated support systems. In 1999, the NRC 
issued an exemption from certain requirements in part 50 of Title 10 of 
the Code of Federal Regulations (10 CFR), for the ZNPS licensee to 
discontinue offsite emergency planning activities and to reduce the 
scope of onsite emergency planning. In September 2010, the licensed 
ownership, management authorities, and decommissioning trust fund of 
the permanently shut down facility was transferred to ZionSolutions 
(ZS), a subsidiary of EnergySolutions, for the purpose of completing 
all decommissioning activities with the end goal of full site 
restoration. Active decommissioning is currently underway.
    The NRC's emergency planning (EP) regulations provide in part that 
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. Additionally, the NRC's EP regulations 
establishe minimum requirements for emergency plans for use in 
attaining an acceptable state of emergency preparedness.
    On November 23, 2011 (76 FR 72560), the NRC issued a Final Rule 
amending certain EP requirements for licensees of nuclear power and 
non-power reactors. The Final EP Rule was effective on December 23, 
2011.
    The Final EP Rule modified or added several EP requirements in 10 
CFR part 50, including changes in 10 CFR 50.47, 10 CFR 50.54, and 
appendix E. The Final EP Rule codified certain voluntary protective 
measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness 
and Response Actions for Security-Based Events,'' and made 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 Final EP 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.

II. Request/Action

    By letter dated June 20, 2012, (ADAMS Accession No. ML12173A316) 
ZS, submitted a request for exemption, ``Request for Exemption to 
Revised Emergency Planning Rule,'' from specific emergency planning 
requirements of 10 CFR part 50 for the ZNPS.

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 should be granted, or continue to 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 requirements of 10 CFR 
50.47(b)(10); the requirement, ``and onsite protective actions during 
hostile action'' of 10 CFR part 50, appendix E.IV.1; the requirement of 
10 CFR part 50, appendix E, section IV.2; the requirements of 10 CFR 
part 50, appendix E, section IV.3; the requirements of 10 CFR part 50, 
appendix E, section IV.4; the requirements of 10 CFR part 50, appendix 
E, section IV.5; the requirements of 10 CFR part 50, appendix E, 
section IV.6; the requirement: ``offsite'' of 10 CFR part 50, appendix 
E, section IV.A.4; the requirements: ``By June 23, 2014,'' and ``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 includes 
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 ``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,'' and ``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 
requirements, ``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

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about 15 minutes. The use of this alerting and notification capability 
will range from immediate alerting and 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 requirements of 10 CFR part 50, appendix E, section 
IV.D.4; the requirement: ``and an emergency operations facility'' 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 requirements of 10 
CFR part 50, appendix E, section IV.E.8.b; the requirements of 10 CFR 
part 50, appendix E, section IV.E.8.c; the requirements 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 requirements of 10 CFR part 50, 
appendix E, section IV.F.2.a; the requirements: ``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. The 
exercise may be included in the full participation biennial exercise 
required by paragraph 2.c. of this section'' and the requirements ``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 requirements of 10 CFR part 
50, appendix E, section IV.F.2.c; the requirements of 10 CFR part 50, 
appendix E, section IV.F.2.d; 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; the requirements of 10 CFR part 
50, appendix E, section IV.F.2.j; 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 Defueled Station Emergency Plan for ZNPS 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 ZNPS 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.
    The NRC has determined that other requirements from which ZS 
requested exemptions were not applicable to the ZNPS or are being met 
by the ZNPS Defueled Station Emergency Plan or an exemption was not 
appropriate. Therefore, an exemption was not necessary or was denied 
for those requirements. Additional information regarding the staff's 
evaluation is documented in a Safety Evaluation Report (ADAMS Accession 
No. ML14272A315).

A. Exemption Is Authorized by Law

    The NRC has found that ZS 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 and 
Is Consistent With the Common Defense and Security

    As noted in Section II, ``Request/Action,'' above, ZS's compliance 
with the EP requirements in effect before the effective date of the 
Final EP 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 ZS's 
implementation of the ZNPS Defueled Station 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 ZS'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 ZS 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. 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 in 10 
CFR 50.47(b) and appendix E to 10 CFR part 50 as

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specified above are acceptable in view of the greatly reduced offsite 
radiological consequences associated with the current plant status as 
permanently shut down.
    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 the common defense and 
security, and special circumstances are present in that compliance with 
the specified regulations is not necessary for reasonable assurance 
that adequate protective measures can and will be taken in the event of 
a radiological emergency at the ZNPS facility based on its permanently 
shut down condition.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 30th day of March 2015.

    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. 2015-08676 Filed 4-15-15; 8:45 am]
 BILLING CODE 7590-01-P