[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1276-1278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00255]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7003; NRC-2018-0002]


American Centrifuge Lead Cascade Facility; American Centrifuge 
Operating, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an 
exemption in response to an August 22, 2017, request from the American 
Centrifuge Operating, LLC (ACO) for a one-time exemption from the 
requirement to conduct a biennial Emergency Preparedness (EP) onsite 
exercise. The ACO requested to postpone conducting the exercise from 
calendar year (CY) 2017, to the third quarter of CY 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0002 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0002. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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

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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 is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     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: Yawar H. Faraz, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7220, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The following sections include text from the 
exemption issued to ACO.

I. Background

    The ACO is the holder of License No. SNM-7003, which authorizes it 
to possess source, byproduct, and special nuclear material at the 
American Centrifuge Lead Cascade Facility (LCF). Until February 2016, 
ACO operated the LCF at a Department of Energy (DOE) site in Piketon, 
Ohio. Since March 2016, ACO has been in the process of decommissioning 
the LCF. The site includes other facilities that are currently 
operating, shutdown or undergoing decommissioning.

II. Request/Action

    Section 70.22(i)(3)(xii) of title 10 of the Code of Federal 
Regulations (10 CFR), requires emergency plans submitted under 10 CFR 
70.22(i)(1)(ii) to include provisions for conducting an emergency 
preparedness (EP) onsite exercise every 2 years. In accordance with 10 
CFR 70.22(i)(3)(xii), ACO's Emergency Plan, requires that plant 
personnel conduct biennial EP onsite exercises. The last EP onsite 
exercise conducted at the LCF site was held in June 2015. By letter 
dated August 22, 2017 (ADAMS Accession No. ML17244A210), ACO requested 
that the NRC approves a one-time exemption allowing ACO to postpone the 
EP onsite exercise from CY 2017, to the third quarter of CY 2018.

III. Discussion

    Section 70.22(i)(3)(xii) requires ACO to conduct biennial EP onsite 
exercises to test their response to simulated emergencies. The ACO is 
required to invite offsite response organizations to participate in the 
biennial EP onsite exercises. However, participation of offsite 
response organizations in biennial EP onsite exercises, although 
recommended, is not required. Exercises must use accident scenarios 
postulated as most probable for the specific site and the scenarios 
shall not be known to most exercise participants. Following the 
exercise, ACO is required to critique the exercise using individuals 
not having direct implementation responsibility for the emergency plan. 
Critiques of exercises must evaluate the appropriateness of the plan, 
emergency procedures, facilities, equipment, training of personnel, and 
overall effectiveness of the response. Deficiencies found by the 
critiques must be corrected. By letter dated, August 22, 2017, ACO 
requested postponing the date of this exercise from CY 2017 to the 
third quarter of CY 2018, and stated that the proposed exemption would 
not decrease the margin of safety at the LCF.
    Pursuant to 10 CFR 70.17(a), the Commission may, upon application 
of any interested person or upon its own initiative, grant such 
exemptions from the requirements of 10 CFR part 70 as it determines are 
authorized by law and will not endanger life or property of the common 
defense and security and are otherwise in the public interest.

Authorized by Law

    The licensee has stated that the exemption request to postpone 
conducting the EP onsite exercise in CY 2017, to the third quarter of 
CY 2018, would allow for an orderly and safe transition into the X-1020 
Emergency Operations Center (EOC) and Joint Information Center (JIC), 
which are being renovated with new upgraded equipment. After the 
renovations have been completed, the licensee stated that performance 
testing and acceptance will be performed prior to return of EOC 
personnel. The EOC and JIC Cadre teams will receive training on the new 
equipment and software programs followed by EOC Cadre members 
completing a series of drills on the new systems. According to the 
licensee, these renovation and training activities will not be 
completed until the second quarter of CY 2018.
    As a result, ACO is requesting an exemption from the requirements 
of 10 CFR 70.22(i)(3)(xii) to postpone the EP onsite exercise from CY 
2017, to the third quarter of CY 2018. Section 70.17 allows the NRC to 
grant exemptions from the requirements of 10 CFR part 70. Granting the 
licensee's proposed exemption is not otherwise inconsistent with NRC 
regulations or other applicable laws. As explained below, the proposed 
exemption will not endanger life or property, or the common defense and 
security, and is otherwise in the public interest. Therefore, the 
exemption is authorized by law.

Will Not Endanger Life or Property or the Common Defense and Security

    On March 2, 2016, ACO notified the NRC, in accordance with 10 CFR 
70.38(d)(2), of its parent company Centrus Energy Corporation's 
decision to permanently cease operation at the LCF and terminate the 
NRC's Special Nuclear Materials License (SNM-7003) for the LCF 
following decontamination and decommissioning activities. ACO has 
removed all uranium hexafluoride (UF6) and LCF equipment and piping 
from the site. As such, the licensee has stated that any significant 
radiological or chemical accident hazards that may have existed during 
LCF operations have now been removed.
    The NRC staff has determined that granting the exemption would not 
impact the effectiveness of the emergency response capabilities of the 
ACO facility. The last EP onsite exercise was conducted in June 2015, 
and there were no issues identified which required immediate corrective 
action. The NRC reviewed inspections conducted during the period from 
October 1 through December 31, 2016, did not identify a decrease in the 
effectiveness of ACO's emergency response capability. Further, since 
this last exercise was conducted, ACO notified the NRC of its intent to 
cease operations and the significant radiological and chemical accident 
hazards have since been removed from the site. This change to the EP 
exercise schedule also has no impact on security issues. Therefore, the 
NRC staff has determined that this exemption will not endanger life or 
property or the common defense and security.

Otherwise in the Public Interest

    Given the aforementioned renovations occurring at the EOC and JIC, 
the current Emergency Management program is being operated from 
temporary locations. Postponing the EP onsite exercise from CY 2017, to 
the third quarter of CY 2018 will allow for an orderly and safe 
transition into the renovated facilities, after renovation and training 
activities are completed. Accordingly, the NRC staff has determined 
that this exemption is otherwise in the public interest.

IV. Environmental Considerations

    The NRC staff has determined that, pursuant to 10 CFR 51.22(c)(25), 
the exemption request will not result in any

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significant: (1) Hazards; (2) change in the types or significant 
increase in the amounts of any effluents that may be released offsite; 
(3) increase in individual or cumulative public or occupational 
radiation exposure; (4) construction impact; or (5) increase in the 
potential for or consequences from radiological accidents. The NRC 
staff has further determined that the requirements from which the 
exemption is sought involve the factors associated with 10 CFR 
51.22(c)(25)(vi)(G)--scheduling requirements. Specifically, the 
proposed exemption postpones the EP onsite exercise from CY 2017, to 
the third quarter of CY 2018. Therefore, the exemption meets the 
eligibility criteria for exclusion set forth in 10 CFR 51.22(c)(25). 
Therefore, pursuant to 10 CFR 51.22(b), no environmental assessment or 
an environmental impact statement need be prepared in connection with 
the approval of this exemption request.

V. Conclusion

    Accordingly, the NRC has determined that, pursuant to 10 CFR 
70.17(a), the exemption is authorized by law and will not endanger life 
or property or the common defense and security and is otherwise in the 
public interest. Therefore, the NRC hereby grants ACO an exemption from 
the requirements of 10 CFR 70.22(i)(3)(xii), to allow ACO to postpone 
conducting the EP onsite exercise from CY 2017, to the third quarter of 
CY 2018.
    The NRC staff consulted with the Ohio Department of Health and the 
Department of Energy Oak Ridge Office prior to issuing this exemption. 
Neither objected to the issuance of this exemption.
    This exemption became effective upon issuance of the NRC letter 
dated December 29, 2017 (ADAMS Accession No. ML17354A990).

    Dated at Rockville, Maryland, on January 5, 2018.

    For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-00255 Filed 1-9-18; 8:45 am]
 BILLING CODE 7590-01-P