[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22859-22862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10071]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-133; NRC-2017-0117]
Pacific Gas and Electric Company; Humboldt Bay Power Plant, Unit
3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
partial exemption in response to a March 9, 2017, request from the
Pacific Gas and Electric Company (PG&E or the licensee). The issuance
of the exemption would grant the Humboldt Bay Power Plant, Unit 3
(HBPP-3), a partial exemption from regulations that require the
retention of records for certain systems, structures, and components.
DATES: The exemption was issued on May 10, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0117 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-2017-0117. 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 HBPP-3 facility is a decommissioning power reactor located in
Humboldt County, California. The PG&E is the holder of HBPP-3 Facility
Operating License No. DPR-7. On July 2, 1976, HBPP-3 was shut down for
annual refueling and to conduct seismic modifications. In 1983, updated
economic analyses indicated that restarting HBPP-3 probably would not
be cost-effective, and on June 27, 1983, PG&E announced its intention
to decommission the unit. In 1984, PG&E submitted the HBPP-3 SAFSTOR
\1\ Decommissioning Plan in support of the application to amend the
HBPP-3 operating license to a possession-only license. On July 16,
1985, the NRC issued Amendment No. 19 to the HBPP Unit 3 Operating
License (ADAMS Legacy No. 8507260040) to change the status to possess-
but-not-operate, and the plant was placed into a SAFSTOR status. On
December 11, 2008, PG&E completed the transfer of spent fuel from the
HBPP-3 spent fuel pool (SFP) into the Humboldt Bay Independent Spent
Fuel Storage Installation. PG&E then began decontamination and
dismantlement of HBPP-3.
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\1\ ``SAFSTOR'' is a method of decommissioning in which a
nuclear facility is placed and maintained in a condition that allows
the facility to be safely stored and subsequently decontaminated
(deferred decontamination) to levels that permit release for
unrestricted use.
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II. Request/Action
By letter dated March 9, 2017 (ADAMS Accession No. ML17068A095),
PG&E filed a request for NRC approval of an exemption from the record
retention requirements of: (1) Part 50 of title 10 of the Code of
Federal Regulations (10 CFR), appendix B, Criterion XVII, which
requires certain records be retained consistent with other regulatory
requirements; (2) 10 CFR 50.59(d)(3), which requires certain records be
maintained until termination of a license issued pursuant to 10 CFR
part 50; and (3) 10 CFR 50.71(c), which requires certain records be
maintained
[[Page 22860]]
consistent with various elements of the NRC's regulations, facility
technical specifications, and other licensing basis documents.
The PG&E proposed to eliminate these records for the nuclear power
unit and associated systems, structures, and components (SSCs) that no
longer exist, including SSCs that were associated with the
decommissioning and storage of spent fuel under the 10 CFR part 50
license for HBPP-3. The licensee cites record retention exemptions
granted to San Onofre Nuclear Generating Station, Units 1, 2 and 3
(ADAMS Accession No. ML15355A055), LaCrosse Boiling Water Reactor
(ADAMS Accession No. ML15355A103), Vermont Yankee Nuclear Power Station
(ADAMS Accession No. ML15344A243), and Zion Nuclear Power Station,
Units 1 and 2 (ADAMS Accession No. ML111260266), 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 HBPP-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 HBPP-3 is not a general design criteria
facility. Nor did PG&E request an exemption associated with any record
keeping requirements for storage of spent fuel at the HBPP-3 ISFSI
under 10 CFR part 72, or for the other requirements of 10 CFR part 50
or Facility Operating License No. DPR-7 applicable to the
decommissioning and dismantlement of the HBPP-3 plant.
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 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 10
CFR 50.12(a)(2).
The March 9, 2017, exemption application states that the HBPP-3 is
in an advanced state of decommissioning and that there are no HBPP-3
SSCs remaining at the site.
With all the SSCs removed from the site the need for the associated
records is eliminated. Therefore, the licensee proposed that it be
exempted from the records retention requirements for SSCs and
historical activities associated with the HBPP-3 licensing basis
requirements previously applicable to the nuclear power unit and
storage of fuel in the SFP. The associated licensing bases are no
longer effective, thereby eliminating the associated regulatory and
economic burdens of creating alternative records storage locations,
relocating records, and retaining irrelevant records.
The licensee states that 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 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 records for which PG&E has requested an exemption
from record keeping requirements will not have an adverse public health
and safety impact because the SSCs have been removed from the site.
Elimination of records associated with the removed SSCs, therefore,
would not present an undue risk to 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 the HBPP-3
licensing basis requirements previously applicable to the nuclear power
unit and associated systems, including SSCs that are no longer on site
or part of the licensing basis, is administrative in nature and will
have no impact on 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 and require the unnecessary
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 security 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 of records associated with the HBPP-3
licensing basis requirements previously applicable to the nuclear power
unit, and safe storage of fuel in the SFP and associated SSCs that no
longer remain on site, is consistent with the common defense and
security.
Special Circumstances
Section 50.12(a)(2) requires that special circumstances be present
for the Commission to consider granting an exemption. Special
circumstances include 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, and
compliance with the regulation 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, requires that
sufficient records shall be maintained to furnish evidence of
activities affecting quality.
Section 50.59(d)(3) requires that the records of changes in the
facility must be maintained until the termination of an operating
license.
Section 50.71(c), mandates that records that are required by the
regulations in part 50, by license condition, or by technical
specifications
[[Page 22861]]
must be retained for the period specified by the appropriate
regulation, license condition, or technical specification.
Additionally, if a retention period is not otherwise specified, these
records must be retained until the Commission terminates the facility
license.
In the Statement of Considerations (SOC) for the final rulemaking,
``Retention Periods for Records'' (53 FR 19240; May 27, 1988), the NRC
stated that records must be retained for the 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. Also in the SOC, the Commission 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 10 CFR 50.12(a)(2)(ii), to grant the requested
exemption permitting the disposal of records associated with the HBPP-3
licensing basis requirements previously applicable to the nuclear power
unit, safe storage of fuel in the SFP, and associated SSCs that no
longer remain on site.
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 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 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 record keeping requirements would result in
an undue cost in excess of that contemplated when the regulation was
adopted. Accordingly, special circumstances are present which the NRC
may consider, pursuant to 10 CFR 50.12(a)(2)(iii), to grant the
requested exemption.
Environmental Considerations
Pursuant to 10 CFR 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 (1) there is no
significant hazards consideration; (2) there is no significant change
in the types or significant increase in the amounts of any effluents
that may be released offsite; (3) there is no significant increase in
individual or cumulative public or occupational radiation exposure; (4)
there is no significant construction impact; (5) there is no
significant increase in the potential for or consequences from
radiological accidents; and (6) 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 HBPP-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 (10 CFR 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 (10 CFR 51.22(c)(35)(vi)(A), as
well as reporting requirements (10 CFR 51.22(c)(35)(vi)(B)).
Therefore, pursuant to 10 CFR 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
[[Page 22862]]
not impact remaining decommissioning activities; plant operations,
configuration, and/or radiological effluents; 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 HBPP-3 SSCs that were safety-related or important
to safety during operations have been removed from the licensing basis
and removed from the plant, the staff finds that the records associated
with the HBPP-3 licensing basis requirements previously applicable to
the nuclear power unit, safe storage of fuel in the SFP and associated
SSCs that no longer remain on site will no longer be required to
achieve the underlying purpose of the records retention rule.
Accordingly, the Commission has determined that, pursuant to 10 CFR
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 Pacific Gas and Electric
Company 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 Humboldt Bay Power Plant, Unit 3,
to allow removal of records associated with the HBPP-3 licensing basis
requirements previously applicable to the nuclear power unit, safe
storage of fuel in the SFP and associated SSCs that no longer remain on
site.
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 existing requirements as decommissioning
records until the termination of the HBPP-3 license.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 10th day of May 2017.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-10071 Filed 5-17-17; 8:45 am]
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