[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89511-89514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29712]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302; NRC-2016-0253]


Duke Energy Florida, Inc., LLC; Crystal River Unit 3 Nuclear 
Generating Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
partial exemption from three record keeping requirements in its 
regulations in response to a September 14, 2016, request from Duke 
Energy Florida, (DEF, or the licensee). Specifically, the licensee 
requested that the Crystal River Unit 3 Nuclear Generating Plant (CR-
3), be granted a partial exemption from regulations that require 
retention of records for certain systems, structures, and components.

DATES: The exemption was issued on November 30, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0253 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-2016-0253. 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 (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 Hickman, Office of Nuclear 
Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3017; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The CR-3 facility is a decommissioning power reactor located in 
Citrus County, Florida. The licensee, DEF, is the holder of CR-3 
Facility Operating License No. DPR-72. The CR-3 has been shutdown since 
September 26, 2009. Subsequently, the licensee determined that issues 
with containment integrity could not be satisfactorily resolved and 
decided not to attempt to restart the facility. On May 28, 2011, DEF 
completed the removal of fuel from the reactor vessel at CR-3. By 
letter dated February 20, 2013 (ADAMS Accession No. ML13056A005), DEF 
submitted to the NRC a certification in accordance with section 
50.82(a)(1)(i) of title 10 of the Code of Federal Regulations (10 CFR), 
indicating it would permanently cease power operations, and with Sec.  
50.82(a)(1)(ii) that it had permanently defueled the reactor vessel at 
CR-3. Because CR-3 is a permanently shutdown and defueled facility, and 
in accordance with Sec.  50.82(a)(2), DEF is no longer authorized to 
operate the reactor or emplace nuclear fuel into the reactor vessel. 
The licensee is still authorized to possess and store irradiated (i.e., 
spent) nuclear fuel. The spent fuel is currently being stored onsite in 
a spent fuel pool (SFP).

II. Request/Action

    By letter dated September 14, 2016 (ADAMS Accession No. 
ML16258A058), DEF filed a request for NRC approval of an exemption from 
the record retention requirements of: (1) 10 CFR part 50, appendix B, 
Criterion XVII, which requires certain records be retained consistent 
with other regulatory requirements; (2) Sec.  50.59(d)(3), which 
requires certain records be maintained until termination of a license 
issued

[[Page 89512]]

pursuant to 10 CFR part 50; and (3) Sec.  50.71(c), which requires 
certain records be maintained consistent with various elements of the 
NRC regulations, facility technical specifications, and other licensing 
basis documents.
    The licensee is requesting an exemption from the requirement to 
retain these records when the following conditions are satisfied: (1) 
The CR-3 licensing basis requirements previously applicable to the 
nuclear power unit and associated systems, structures and components 
(SSCs) are no longer effective (i.e., removed from the Final Safety 
Analysis Report and/or Technical Specifications by appropriate change 
mechanisms); or (2) for SSCs associated with safe storage of fuel in 
the SFPs when spent fuel has been completely removed from the SFPs, and 
the associated licensing bases are no longer effective. The licensee 
cites record retention exemptions granted to Zion Nuclear Power 
Station, Units 1 and 2 (76 FR 39134), Millstone Power Station, Unit 1, 
(72 FR 5755), and Haddam Neck Plant (70 FR 54587), as examples of the 
NRC granting similar requests.
    Records associated with residual radiological activity and with 
programmatic controls necessary to support decommissioning, such as 
security and quality assurance, are not affected by the exemption 
request, and would be retained as decommissioning records until the 
termination of the CR-3 license. In addition, the licensee did not 
request an exemption from 10 CFR part 50, appendix A, Criterion 1, 
which requires certain records to be maintained ``throughout the life 
of the unit,'' because CR-3 is not a general design criteria facility. 
Nor did DEF request an exemption associated with any record keeping 
requirements for storage of spent fuel at the CR-3 ISFSI under 10 CFR 
part 50, the general license requirements of 10 CFR part 72, or for the 
other requirements of 10 CFR part 50 or Facility Operating License No. 
DPR-72 applicable to the decommissioning and dismantlement of the CR-3 
plant.

III. Discussion

    Pursuant to Sec.  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 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. However, the 
Commission will not consider granting an exemption unless special 
circumstances are present. Special circumstances are described in Sec.  
50.12(a)(2).
    According to the Final Safety Analysis Report, revision 38, 
submitted May 25, 2016 (ADAMS Accession No. ML16172A182), the majority 
of plant components at CR-3 no longer meet the definition of safety 
related in Sec.  50.2.
    The September 14, 2016 (ADAMS Accession No. ML16258A058) exemption 
application states that the CR-3 nuclear steam supply system and 
balance of plant SSCs will be abandoned in place pending dismantlement. 
These SSCs are no longer operable or maintained except as required to 
support safe storage of spent fuel in the SFP or those that are needed 
to meet other regulatory requirements or are needed to support other 
site facilities (e.g., radioactive waste handling, Heating, 
Ventilation, and Air Conditioning (HVAC), etc.). The licensee's 
justification for eliminating records is that these SSCs have been (or 
will be) removed from service under the NRC license, dismantled or 
demolished, and that therefore maintenance of these records will not 
serve any function regulated by the NRC.
    While DEF stated that it would retain the records required as the 
project transitions from current plant conditions to a plant with spent 
fuel only in dry storage, the transition will remove the safety and 
business need for the maintenance of most records. As the SSCs are 
removed from the licensing basis and the need for the associated 
records is eliminated, the licensee proposes that they be exempted from 
the records retention requirements for SSCs and historical activities 
associated with (1) the CR-3 licensing basis requirements previously 
applicable to the nuclear power unit and associated systems, structures 
and components (SSCs) that are no longer effective (i.e., removed from 
the Final Safety Analysis Report and/or Technical Specifications by 
appropriate change mechanisms); or (2) for SSCs associated with safe 
storage of fuel in the SFPs when spent fuel has been completely removed 
from the SFPs, and the associated licensing bases are no longer 
effective, thereby eliminating the associated regulatory and economic 
burdens of creating alternative storage locations, relocating records, 
and retaining irrelevant records.
    The exemption request states that all records necessary for spent 
fuel and spent fuel storage SSCs and activities have been, and will 
continue to be, retained for the SFP throughout its functional life. 
Similar to other plant records, once the SFP is emptied of fuel, 
drained and ready for demolition, there will be no safety-significant 
function or other regulatory need for retaining certain SFP-related 
records.
    The DEF stated that some records related to the nuclear steam 
supply system, balance of plant, and SFP will continue to be maintained 
under NRC regulations due to residual radioactivity. The radiological 
and other necessary programmatic controls (such as security and quality 
assurance) for the facility and decommissioning activities are and will 
continue to be appropriately addressed through the license and current 
plant documents such as the updated Final Safety Analysis Report and 
Technical Specifications. These programmatic elements and their 
associated records would be unaffected by the requested exemption.

The Exemption Is Authorized by Law

    The NRC has determined that granting the licensee's proposed 
exemption will not result in a violation of the Atomic Energy Act of 
1954, as amended, other laws, or other Commission regulations. 
Therefore, the exemption from the record keeping requirements of 10 CFR 
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 
50.59(d)(3) is authorized by law.

The Exemption Presents No Undue Risk to Public Health and Safety

    Removal of the underlying SSCs associated with the records for 
which DEF has requested an exemption from record keeping requirements 
will not have adverse public health and safety impact because the 
subject SSCs would no longer have a safety function at the permanently 
shutdown facility, would be removed from the licensing basis by the 
license, and will be disposed of by the licensee when active 
decommissioning begins. Elimination of records associated with the 
removed SSCs therefore would not have an impact on public health and 
safety.
    The requested partial exemption from the record keeping 
requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion 
XVII; and 10 CFR 50.59(d)(3) for records associated with (1) the CR-3 
licensing basis requirements previously applicable to the nuclear power 
unit and associated systems, structures and components (SSCs) that are 
no longer effective (i.e., removed from the Final Safety Analysis 
Report and/or Technical Specifications by appropriate change 
mechanisms); or (2) for SSCs associated with safe storage of fuel in 
the SFPs when spent fuel has been completely removed from the SFPs, and 
the associated licensing bases are no longer effective, is 
administrative in nature and will have no impact on

[[Page 89513]]

any remaining decommissioning activities or on radiological effluents. 
The exemption will only advance the schedule for disposition of the 
specified records, which would otherwise be retained until license 
termination requiring the expenditure of resources by the licensee.

The Exemption Is Consistent With Common Defense and Security

    The elimination of the record keeping requirements does not involve 
information or activities that could potentially impact the common 
defense and security of the United States. Upon dismantlement of the 
affected SSCs, the records have no functional purpose relative to 
maintaining the safe operation of the SSCs, maintaining conditions that 
would affect the ongoing health and safety of workers or the public, or 
informing decisions related to nuclear security.
    Rather, the exemption requested is administrative in nature and 
would only advance the current schedule for disposition of the 
specified records, which would otherwise be retained until license 
termination. This allows the licensee to not expend resources 
maintaining records that have no benefit or safety purpose. Therefore, 
the partial exemption from the record keeping requirements of 10 CFR 
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 
50.59(d)(3) for the types records associated with (1) the CR-3 
licensing basis requirements previously applicable to the nuclear power 
unit and associated systems, structures and components (SSCs) that are 
no longer effective (i.e., removed from the Final Safety Analysis 
Report and/or Technical Specifications by appropriate change 
mechanisms); or (2) for SSCs associated with safe storage of fuel in 
the SFPs when spent fuel has been completely removed from the SFPs, and 
the associated licensing bases are no longer effective, is consistent 
with the common defense and security.

Special Circumstances

    Section 50.12(a)(2) states, in part: ``The Commission will not 
consider granting an exemption unless special circumstances are 
present. Special circumstances are present whenever: . . . (ii) 
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; (iii) Compliance would result in 
undue hardship or other costs that are significantly in excess of those 
contemplated when the regulation was adopted . . . .''
    Criterion XVII of 10 CFR part 50, appendix B, states in part: 
``Sufficient records shall be maintained to furnish evidence of 
activities affecting quality.''
    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 issued under this part. . . .''
    Section 50.71(c), states in part: ``Records that are required by 
the regulations in this part or 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 (SOC) for the final rulemaking, 
``Retention Periods for Records'' (53 FR 19240; May 27, 1988), in 
response to public comments received during the rulemaking process, the 
NRC stated that records must be retained ``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.'' In the SOC the Commission also explained that requiring 
licensees to maintain adequate records assists the NRC ``in judging 
compliance and noncompliance, to act on possible noncompliance, and to 
examine facts as necessary following any incident.''
    These regulations apply to licensees in decommissioning despite the 
fact that, during the decommissioning process, safety-related SSCs are 
retired or disabled and subsequently removed from NRC licensing basis 
documents by appropriate change mechanisms. Appropriate removal of an 
SSC from the licensing basis requires either a determination by the 
licensee or an approval from the NRC that the SSC no longer has the 
potential to cause an accident, event, or other problem which would 
adversely impact public health and safety.
    The records subject to removal under the requested exemption are 
those associated with SSCs that had been important to safety during 
power operation or operation of the SFP, but are no longer capable of 
causing an event, incident, or condition that would adversely impact 
public health and safety, given their appropriate removal from the 
licensing basis documents. If the SSCs no longer have the potential to 
cause these scenarios, then certain records associated with these SSCs 
would not be necessary to assist the NRC in determining compliance and 
noncompliance, taking action on possible noncompliance, and examining 
facts following an incident. Therefore, their retention would not serve 
the underlying purpose of the rule.
    Retention of certain records associated with SSCs that are or will 
no longer be part of the facility serves no safety or regulatory 
purpose, nor does it serve the underlying purpose of the rule of 
maintaining compliance with the safety and health aspects of the 
nuclear environment in order to accomplish the NRC's mission. 
Accordingly, special circumstances are present which the NRC may 
consider, pursuant to Sec.  50.12(a)(2)(ii), to grant the requested 
exemption permitting the disposal of records associated with (1) the 
CR-3 licensing basis requirements previously applicable to the nuclear 
power unit and associated systems, structures and components (SSCs) 
that are no longer effective (i.e., removed from the Final Safety 
Analysis Report and/or Technical Specifications by appropriate change 
mechanisms); or (2) for SSCs associated with safe storage of fuel in 
the SFPs when spent fuel has been completely removed from the SFPs, and 
the associated licensing bases are no longer effective.
    Records that continue to serve the underlying purpose of the rule, 
that is, to maintain compliance and to protect public health and safety 
in support of the NRC's mission, will continue to be retained pursuant 
to the regulations in 10 CFR part 50 and 10 CFR part 72. The retained 
records not subject to the exemption include those associated with 
programmatic controls, such as those pertaining to residual 
radioactivity, which continue to be required for eventual 
decommissioning; security, emergency planning and quality assurance, 
programs which remain in effect; as well as records associated with the 
Independent Spent Fuel Storage Installation and spent fuel assemblies.
    The retention of records required by 10 CFR 50.71(c); 10 CFR part 
50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) 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 rule results in a considerable cost to the 
licensee. Retention of the volume of records associated with the SSCs 
during the operational phase is appropriate to serve the underlying 
purpose of determining compliance and noncompliance, taking action on 
possible noncompliance, and

[[Page 89514]]

examining facts following an incident, as discussed previously in this 
notice.
    However, the cost of retaining operational phase records beyond the 
operations phase until the termination of the license may not have been 
fully considered when the records retention rule was put in place. As 
such, compliance with the rule would result in an undue cost in excess 
of that contemplated when the rule was adopted. Accordingly, special 
circumstances are present which the NRC may consider, pursuant to Sec.  
50.12(a)(2)(iii), to grant the requested exemption.

Environmental Considerations

    Pursuant to Sec.  51.22(b) and (c)(25), the 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 NRC has determined that approval of the exemption request 
involves no significant hazards consideration because allowing the 
licensee exemption from the record keeping requirements of 10 CFR 
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 
50.59(d)(3) at the decommissioning CR-3 does not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; (2) create the possibility of a new or different 
kind of accident from any accident previously evaluated; or (3) involve 
a significant reduction in a margin of safety (Sec.  50.92(c)). 
Likewise, 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 regulations are not associated with construction, so 
there is no significant construction impact. The exempted regulations 
do not concern the source term (i.e., potential amount of radiation 
involved in an accident) or accident mitigation; therefore, there is no 
significant increase in the potential for, or consequences from, 
radiological accidents. Allowing the licensee partial exemption from 
the record retention requirements for which the exemption is sought 
involves record keeping requirements (Sec.  51.22(c)(35)(vi)(A)), as 
well as reporting requirements (Sec.  51.22(c)(35)(vi)(B)).
    Therefore, pursuant to Sec.  51.22(b) and (c)(25), no environmental 
impact statement or environmental assessment need be prepared in 
connection with the approval of this exemption request.

IV. Conclusions

    The NRC has determined that the requested partial exemption from 
the record keeping requirements of 10 CFR 50.71(c); 10 CFR part 50, 
appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) will not present an 
undue risk to the public health and safety. The destruction of the 
identified records will not impact remaining decommissioning 
activities; plant operations, configuration, and/or radiological 
effluents; operational and/or installed SSCs that are quality-related 
or important to safety; or nuclear security. The NRC has determined 
that the destruction of the identified records does not involve 
information or activities that could potentially impact the common 
defense and security of the United States.
    The purpose for the record keeping regulations is to assist the NRC 
in carrying out its mission to protect the public health and safety by 
ensuring that the licensing and design basis of the facility is 
understood, documented, preserved and retrievable in such a way that 
will aid the NRC in determining compliance and noncompliance, taking 
action on possible noncompliance, and examining facts following an 
incident. Since the CR-3 SSCs that were safety-related or important to 
safety during operations have been or will be removed from the 
licensing basis and removed from the plant, the staff finds that the 
records associated with (1) the CR-3 licensing basis requirements 
previously applicable to the nuclear power unit and associated systems, 
structures and components (SSCs) that are no longer effective (i.e., 
removed from the Final Safety Analysis Report and/or Technical 
Specifications by appropriate change mechanisms); or (2) for SSCs 
associated with safe storage of fuel in the SFPs when spent fuel has 
been completely removed from the SFPs, and the associated licensing 
bases are no longer effective will no longer be required to achieve the 
underlying purpose of the records retention rule.
    Accordingly, the Commission has determined that, pursuant to Sec.  
50.12, the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security, and that special circumstances are present. 
Therefore, the Commission hereby grants Duke Energy Florida a one-time 
partial exemption from the record keeping requirements of 10 CFR 
50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 
50.59(d)(3) for the Crystal River Unit 3 Nuclear Generating Plant to 
allow removal of records associated with (1) the CR-3 licensing basis 
requirements previously applicable to the nuclear power unit and 
associated systems, structures and components (SSCs) that are no longer 
effective (i.e., removed from the Final Safety Analysis Report and/or 
Technical Specifications by appropriate change mechanisms); or (2) for 
SSCs associated with safe storage of fuel in the SFPs when spent fuel 
has been completely removed from the SFPs, and the associated licensing 
bases are no longer effective.
    Records associated with residual radiological activity and with 
programmatic controls necessary to support decommissioning, such as 
security, emergency planning, spent fuel management and quality 
assurance are not affected by the exemption request and are required to 
be retained consistent with regulatory existing requirement as 
decommissioning records until the termination of the CR-3 license.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 30th day of November 2016.

    For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-29712 Filed 12-9-16; 8:45 am]
 BILLING CODE 7590-01-P