[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Notices]
[Pages 81872-81875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32932]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2015-0111]
Entergy Operations, Inc.; Vermont Yankee Nuclear Power Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
exemptions in response to a February 13, 2015, request from Entergy
Nuclear Operations, Inc. (ENO or the licensee). The licensee requested
that Vermont Yankee Nuclear Power Station (Vermont Yankee) be granted a
permanent partial exemption from regulations that require retention of
records for certain systems, structures, and components (SSCs) until
the termination of the operating license.
ADDRESSES: Please refer to Docket ID NRC-2015-0111 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-2015-0111. 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: James Kim, Office of Nuclear Reactor
Regulation, telephone: 301-415-4125; email: [email protected]; U.S.
Nuclear Regulatory Commission, Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Background
Vermont Yankee is a single unit General Electric 4, Mark 1 Boiling
Water Reactor located in Vernon, Vermont. Vermont Yankee was granted
Operating License No. DPR-28 under part 50 of title 10 of the Code of
Federal Regulations (10 CFR) on March 21, 1972, and subsequently shut
down on December 29, 2014. The operating license for Vermont Yankee is
held by ENO.
On January 12, 2015, ENO submitted the certifications, pursuant to
10 CFR 50.82(a)(1), of permanent cessation of operations and permanent
removal of fuel from the reactor (ADAMS Accession No. ML15013A426).
Decommissioning activities will be carried out by Entergy Nuclear
Vermont Yankee, and are described in the Post Shutdown Decommissioning
Activities Report submitted to the NRC on December 19, 2014 (ADAMS
Accession No. ML14357A110). The SSCs that supported the generation of
electric power are being prepared to enter the SAFSTOR phase.
Completion of fuel transfer from the spent fuel pool (SFP) to an
independent spent fuel storage installation (ISFSI) is scheduled for
2020. Preparation for dismantlement and license termination are
scheduled to begin in 2068.
II. Request/Action
By letter dated February 13, 2015 (ADAMS Accession No.
ML15069A439), ENO filed a request for NRC approval of a permanent
exemption from the following recordkeeping requirements: 10 CFR part
50, appendix B, Criterion XVII, 10 CFR 50.59(d)(3), and 10 CFR
50.71(c). The request was made pursuant to 10 CFR 50.12, ``Specific
exemptions.''
The licensee is requesting NRC approval of an exemption from 10 CFR
part 50, appendix B, Criterion XVII, which requires certain records be
retained throughout the life of the unit; 10 CFR 50.59(d)(3), which
requires records to be maintained ``until the termination of an
operating license''; and 10 CFR 50.71(c) where records required by
license condition or technical specifications (TS) are to be retained
until termination of the license. The licensee proposes that:
(1) The need to maintain records for SSCs associated with nuclear
power generation will be eliminated when those SSCs are removed from
the licensing basis documents, such as TSs or the updated final safety
analysis report (UFSAR), by appropriate change mechanisms.
(2) The need to maintain records for SSCs associated with safe
storage of fuel in the SFP will be eliminated when spent nuclear fuel
has been completely transferred from the SFP to dry storage, and the
SFP and associated SSCs are removed from licensing basis documents by
appropriate change mechanisms.
The licensee justifies the request by stating that when the
associated SSCs are removed from the licensing basis documents, the
SSCs will not serve any function regulated by the NRC. Therefore, the
need to retain the records will be, on a practical basis, eliminated.
The licensee cites precedents for records retention exemptions granted
to Zion Nuclear Power Station, Units 1 and 2 (ADAMS Accession No.
ML111260277), Millstone Power Station, Unit No. 1, (ADAMS Accession No.
ML070110567), and Haddam Neck Plant (ADAMS Accession No. ML052160088).
Records associated with residual radiological activity and with
necessary programmatic controls, such as security and quality
assurance, are addressed through current licensing documents and are
therefore, not affected by the exemption request. Also, the licensee
did not request an exemption from records associated with the Vermont
Yankee ISFSI, records associated with retention of the spent fuel
assemblies, or records associated with decommissioning or
dismantlement. In addition, the licensee did not request an exemption
from 10 CFR part 50, appendix A, Criterion 1, ``Quality standards and
records,'' as had been granted in the cited precedents. Because Vermont
Yankee was granted a construction license prior to February 1971, it is
not subject to the requirements in 10 CFR part 50, appendix A.
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.
Vermont Yankee permanently shut down on December 29, 2014, and
subsequently removed the spent fuel from the reactor to the SFP. The
nuclear reactor and SSCs associated with the nuclear steam supply
system and balance of plant that had supported
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power generation have been drained as necessary and retired in place.
Once these SSCs have been prepared for SAFSTOR, dismantlement, or
demolition, they will no longer serve any purpose regulated by the NRC.
Subsequently, these SSCs can be removed from NRC licensing basis
documents, such as TSs or the UFSAR, by appropriate change mechanisms
defined in regulations (e.g. 10 CFR 50.48(f), 10 CFR 50.59, 10 CFR
50.54(a), 10 CFR 50.54(p), or 10 CFR 50.54(q)). At that point, there
will be no regulatory need to retain associated records until
termination of the license. However, certain records associated with
these SSCs, namely records pertaining to residual radioactivity and
records pertaining to programmatic controls such as security or quality
assurance, will continue to be governed by NRC regulation and addressed
in licensing documents, and therefore, are not affected by these
exemptions.
The SSCs supporting the continued operation of the SFP remain
operable at Vermont Yankee and will be configured for operational
efficiency until the fuel is removed to permanent dry storage. The
records associated with the SFP SSCs will be retained through the SFP's
functional life. Similar to other plant SSCs, when the SFP is emptied
of fuel, drained, and prepared for demolition, SSCs that support the
SFP will be removed from licensing basis documents by appropriate
change mechanisms. At that point, there will be no safety-related or
regulatory basis to retain the records associated with SFP SSCs.
The Exemption is Authorized by Law
Section 50.71(d)(2) allows for the granting of specific exemptions
to the retention of records required by regulations. Section
50.71(d)(2) states, in part, ``the retention period specified in the
regulations in this part for such records shall apply unless the
Commission, pursuant to Sec. 50.12 of this part, has granted a
specific exemption from the record retention requirements specified in
the regulations in this part.''
Based on 10 CFR 50.71(d)(2), if the requirements of 10 CFR 50.12
are satisfied, an exemption from the recordkeeping requirements in 10
CFR part 50, appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c), as
requested by the licensee, is authorized by law.
Specific Exemption Presents No Undue Risk to Public Health and Safety
As SSCs are prepared for SAFSTOR and eventual decommission and
dismantlement, they will be removed from NRC licensing basis documents
through appropriate change mechanisms, such as through the process
stipulated by 10 CFR 50.59 or through a license amendment request
approved by the NRC. These change processes involve either a
determination by the licensee or an approval by the NRC that the
affected SSC no longer serves any safety purpose regulated by the NRC.
Therefore, the removal of the SSC would not present an undue risk to
the public health and safety. In turn, removal of the records
associated with the affected SSC would not cause any additional impact
to public health and safety.
The partial exemptions from the requested requirements of 10 CFR
part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR
50.71(c) are administrative in nature and will have no impact on future
decommissioning activities or radiological effluents. The partial
exemptions will only advance the schedule for the removal of the
records. Because the content of the records pertains to SSCs that have
already been removed from licensing basis documents, elimination of the
records on an advanced timetable will have no reasonable potential to
present any undue risk to the public health and safety.
The Exemption is Consistent With the Common Defense and Security
The elimination of records associated with SSCs, which have already
been removed from NRC licensing basis documents, is administrative in
nature, and does not involve information or involve activities that
could potentially impact the common defense or security. After the SSCs
are removed from NRC licensing basis documents by appropriate change
mechanisms, they are determined to no longer serve the purpose of safe
operation or maintain conditions that would affect the ongoing health
and safety of workers or the public. Therefore, removal of the
associated records will also present no potential for impacting the
safe operation of the plant or the defense or security of the workers
or the public.
The exemptions requested are administrative in nature and will
merely advance the current schedule for removal of the specified
records. Therefore, the partial exemptions from the recordkeeping
requirements of 10 CFR part 50, appendix B, Criterion XVII; 10 CFR
50.59(d)(3); and 10 CFR 50.71(c), and for the types of records as
specified above, are consistent with the common defense and security.
Special Circumstances
Pursuant to 10 CFR 50.12, the Commission will consider granting an
exemption if special circumstances are present. Section 50.12(a)(2)(ii)
states, in part, that ``Special circumstance are present whenever
``Application 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.''
Appendix B of 10 CFR part 50, Criterion XVII, states in part:
``Sufficient records shall be maintained to furnish evidence of
activities affecting quality. . . . Records shall be identifiable and
retrievable.''
Section 50.59(d)(3) states in part: ``The records of changes in the
facility must be maintained until the termination of an operating
license under this part. . .''
Section 50.71(c), states in part: ``Records that are required by
the regulations in this part or 10 CFR part 52 of this chapter, by
license condition, or by technical specifications must be retained for
the period specified by the appropriate regulation, license condition,
or technical specification. If a retention period is not otherwise
specified, these records must be retained until the Commission
terminates the facility license. . . .''
In the statements of consideration for the final rulemaking,
effective July 26, 1988 (53 FR 19240; May 27, 1988) ``Retention Periods
for Records,'' as a response to public comments during the rulemaking
process, the NRC states that records must be retained ``. . . so they
will be available for examination by the Commission in any analysis
following an accident, incident, or other problem involving public
health and safety . . . [and] . . . for NRC to ensure compliance with
the safety and health aspects of the nuclear environment and for the
NRC to accomplish its mission to protect the public health and
safety.''
The statements of consideration express that the underlying purpose
of the recordkeeping rule is to ensure that, in the event of an
accident, incident, or condition that could impact public health and
safety, the NRC has access to information in the records that would
assist in the recovery from the event and prevent similar events or
conditions, which would impact health and safety. These regulations do
not consider the nature of the decommissioning process, in which
safety-related SSCs are retired or disabled, and subsequently removed
from NRC licensing basis documents by appropriate change mechanisms
prior to the termination of the license.
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Appropriate removal of an SSC from the licensing basis requires
either a determination by the licensee or an approval by the NRC of
whether the SSC has the potential to cause an accident, event, or other
problem, which would adversely impact the public health and safety. It
follows that at a nuclear power generation plant in the decommissioning
stage, SSCs that have been retired from service and removed from
licensing basis documents have already been determined, through that
evaluation, to no longer have an adverse impact on public health and
safety.
The records subject to removal under these exemptions are
associated with SSCs that had been important to safety during power
operation but are no longer important operationally or capable of
causing an event, incident, or condition that would adversely impact
public health and safety, as evidenced by their appropriate removal
from licensing basis documents. If the SSCs no longer have the
potential to cause an event, incident, or other problem, which would
adversely impact public health and safety, then it is reasonable to
conclude that the records associated with these SSCs would not
reasonably be necessary for recovery from or prevention of such an
event or incident, and therefore, their retention would not serve the
underlying purpose of the rule to assist in recovery from an event or
prevent future events, incidents, or problems. Once removed from
licensing basis documents, SSCs are no longer governed by the NRC's
regulations, and therefore, are not subject to compliance with the
safety and health aspects of the nuclear environment. Therefore,
retention of these records does not serve the underlying purpose of the
rule of maintaining compliance with the safety and health aspects of
the nuclear environment or to accomplish the NRC's mission.
Records, which continue to serve the underlying purpose of the
rule, that is, to maintain compliance and to protect public health and
safety, will continue to be retained under regulations in 10 CFR part
50 and 10 CFR part 72. These retained records not subject to the
exemption include those associated with programmatic controls, such as
those pertaining to residual radioactivity, security, quality
assurance, etc., and records associated with the ISFSI and spent fuel
assemblies.
Section 50.12(a)(2)(iii) states, in part, ``Compliance would result
in undue hardship or other costs that are significantly in excess of
those contemplated when the regulation was adopted . . . .''
The retention of records required by 10 CFR part 50, appendix B,
Criterion XVII, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) provides
assurance that records associated with SSCs will be captured, indexed,
and stored in an environmentally suitable and retrievable condition.
Given the volume of records associated with the SSCs, compliance with
the records retention rules results in a considerable cost to the
licensee. Retention of the volume of records associated with these SSCs
during the operations phase is appropriate to serve the underlying
purpose of providing information to the Commission for examination in
the case of an event, incident, or other problem involving the public
health and safety, as discussed above. However, the cost effect of
retaining operations phase records beyond the operations phase until
the termination of the license was not fully considered or understood.
Therefore, compliance with the rule would result in an undue cost in
excess of that contemplated when the rule was adopted.
The granted exemptions apply to records that are associated with
SSCs that had supported the operations phase of electricity generation
and wet storage of spent fuel assemblies, and that have been, or will
be, retired in place, prepared for dismantlement, and removed from
licensing basis documents. Records that continue to apply to retired
SSCs during the SAFSTOR and decommissioning phase, such as records
associated with programmatic controls pertaining to residual
radioactivity, security, quality assurance, etc., and records
associated with the ISFSI and spent fuel assemblies, will continue to
be maintained in an environmentally suitable and retrievable condition.
Environmental Considerations
Under 10 CFR 51.22(c)(25), granting of an exemption from the
requirements of any regulation in Chapter I of 10 CFR is a categorical
exclusion provided that (i) there is no significant hazards
consideration; (ii) there is no significant change in the types or
significant increase in the amounts of any effluents that may be
released offsite; (iii) there is no significant increase in individual
or cumulative public or occupational radiation exposure; (iv) there is
no significant construction impact; (v) there is no significant
increase in the potential for or consequences from radiological
accidents: And (vi) the requirements from which an exemption is sought
are among those identified in 10 CFR 51.22(c)(25)(vi).
The Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, has determined that approval of the
exemption request involves no significant hazards consideration because
allowing the licensee exemption from the recordkeeping requirements of
10 CFR part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10
CFR 50.71(c), at the permanently shutdown and defueled Vermont Yankee
power reactor, does not (1) involve a significant increase in the
probability or consequences of an accident previously evaluated; or (2)
create the possibility of a new or different kind of accident from any
accident previously evaluated; (3) involve a significant reduction in a
margin of safety. Accordingly, there is no significant change in the
types or significant increase in the amounts of any effluents that may
be released offsite, and no significant increase in individual or
cumulative public or occupational radiation exposure. The exempted
regulation is not associated with construction, so there is no
significant construction impact. The exempted regulation does not
concern the source term (i.e., potential amount of radiation in an
accident), nor mitigation. Therefore, there is no significant increase
in the potential for, or consequences from radiological accidents.
Allowing the licensee partial exemption from record retention
requirements from which the exemption is sought involve recordkeeping
requirements, reporting requirements of an administrative, managerial,
or organizational nature.
Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no
environmental impact statement or environmental assessment need be
prepared in connection with the approval of this exemption request.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, that ENO's request for partial exemptions from recordkeeping
requirements in 10 CFR part 50, appendix B, Criterion XVII; 10 CFR
50.59(d)(3); and 10 CFR 50.71(c) are authorized by law, will not
present an undue risk to the public health and safety, and are
consistent with the common defense and security. Also, special
circumstances are present. Therefore, the Commission hereby grants
ENO's one-time partial exemptions from 10 CFR part 50, appendix B,
Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c) to advance the
schedule to remove records
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associated with SSCs that have been removed from NRC licensing basis
documents by appropriate change mechanisms.
Dated at Rockville, Maryland, this 22nd day of December 2015.
For the Nuclear Regulatory Commission.
George A. Wilson,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2015-32932 Filed 12-30-15; 8:45 am]
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