[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62333-62337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21858]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-247 and 50-286; NRC-2020-0205]
Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating
Unit Nos. 2 and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a
partial exemption in response to the October 22, 2019, request from
Entergy Nuclear Operations, Inc. (Entergy, the licensee). The issuance
of the exemption will grant Entergy a partial exemption from
regulations that require the retention of records for certain systems,
structures, and components associated with Indian Point Nuclear
Generating Unit Nos. 2 and 3 (Indian Point 2 and 3) until the
termination of the respective Indian Point operating license.
DATES: The exemption was issued on September 28, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0205 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0205. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room 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.
FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1030, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 29, 2020.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-247 and 50-286
Entergy Nuclear Operations, Inc.
Indian Point Nuclear Generating Unit Nos. 2 and 3
Exemption Related to Record Retention Requirements
I. Background
Entergy Nuclear Operations, Inc. (Entergy, the licensee) is the
holder of Renewed Facility Operating License Nos. DPR-26 and DPR-64 for
Indian Point Nuclear Generating Unit Nos. 2 and 3 (Indian Point 2 and
3, or together, Indian Point). The licenses provide, among other
things, that the facility is subject to all rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission)
now or hereafter in effect. The Indian Point 2 and 3 facility consists
of two pressurized-water reactors located in Buchanan, New York.
By letter dated February 8, 2017 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML17044A004), Entergy submitted
a Notification of Permanent Cessation of Power Operations for Indian
Point 2 and 3. In the letter, Entergy provided notification to the NRC
of its intent to permanently cease power operations at Indian Point 2
no later than April 30, 2020, and at Indian Point 3 no later than April
30, 2021, subject to operating extensions through, but not beyond, 2024
and 2025, respectively.
By letter dated May 12, 2020 (ADAMS Accession No. ML20133J902),
Entergy certified that power operations ceased at Indian Point 2 on
April 30, 2020, and that the fuel was permanently removed from the
Indian Point 2 reactor vessel and placed in the Indian Point 2 spent
fuel pool (SFP) on May 12, 2020. Entergy further acknowledged that the
Indian Point 2 Title 10 of the Code of Federal Regulations (10 CFR)
Part 50 license no longer authorizes operation of the reactor or
emplacement or retention of fuel into the reactor vessel. However, the
licensee is still authorized to possess and store irradiated nuclear
fuel for Indian Point. Irradiated fuel is currently being stored onsite
in a spent fuel pool (SFP) and in independent spent fuel storage
installation (ISFSI) dry casks. The irradiated fuel will be stored in
the ISFSI until it is shipped off site. With the reactor emptied of
fuel, the reactor, reactor coolant system, and secondary system is no
longer in operation and has no function related to the safe storage and
management of irradiated fuel. Once Entergy certifies that it has
permanently defueled the Indian Point 3 reactor vessel and placed the
fuel in the SFP, pursuant to 10 CFR 50.82(a)(2), the Indian Point 3
renewed facility operating license will no longer authorize operation
of the reactor or emplacement or retention of fuel in the reactor
vessel.
II. Request/Action
By letter dated October 22, 2019 (ADAMS Accession No. ML19295F894),
Entergy submitted a partial exemption request for NRC approval from the
record retention requirements of (1) 10 CFR part 50, Appendix B,
Criterion XVII, ``Quality Assurance Records,'' which requires certain
records (e.g.,
[[Page 62334]]
results of inspections, tests, and materials analyses) be maintained
consistent with applicable regulatory requirements; (2) 10 CFR
50.59(d)(3), which requires that records of changes in the facility
must 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 to
be retained for the period specified by the appropriate regulation,
license condition, or technical specification, or until termination of
the license if not otherwise specified.
The licensee requested the partial exemptions because it wants to
eliminate: (1) Records associated with structures, systems, and
components (SSCs) and activities that were applicable to the nuclear
unit, which are no longer required by the 10 CFR part 50 licensing
basis (i.e., removed from the Updated Final Safety Analysis Report
(UFSAR) and/or technical specifications by appropriate change
mechanisms); and (2) records associated with the storage of spent
nuclear fuel in the SFP once all fuel has been removed from the SFP and
the Indian Point license no longer allows storage of fuel in the SFP.
The licensee cites record retention partial exemptions granted to
Millstone Power Station, Unit 1 (ADAMS Accession No. ML070110567); Zion
Nuclear Power Station, Units 1 and 2 (ADAMS Accession No. ML111260277);
Vermont Yankee Nuclear Power Station (ADAMS Accession No. ML15344A243);
San Onofre Nuclear Generating Station, Units 1, 2, and 3 (ADAMS
Accession No. ML15355A055); Kewaunee Power Station (ADAMS Accession No.
ML17069A394); Oyster Creek Nuclear Generating Station (ADAMS Accession
No. ML18122A306); and Pilgrim Nuclear Power Station (ADAMS Accession
No. ML19087A152), 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 partial
exemption request because they will be retained as decommissioning
records, as required by 10 CFR part 50, until the termination of the
Indian Point license. In addition, the licensee did not request an
exemption associated with any other recordkeeping requirements for the
storage of spent fuel at its ISFSI under 10 CFR part 50 or the general
license requirements of 10 CFR part 72. No exemption was requested from
the decommissioning records retention requirements of 10 CFR 50.75 or
any other requirements of 10 CFR part 50 applicable to decommissioning
and dismantlement.
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).
Many of the Indian Point reactor facility SSCs are planned to be
abandoned in place pending dismantlement. Abandoned SSCs are no longer
operable or maintained. Following permanent removal of fuel from the
SFP, those SSCs required to support safe storage of spent fuel in the
SFP will also be abandoned. In its October 22, 2019, partial exemption
request, the licensee stated that the basis for eliminating records
associated with reactor facility SSCs and activities is that these SSCs
have been (or will be) removed from service per regulatory change
processes, will be dismantled or demolished, and will no longer have
any function regulated by the NRC.
The licensee recognizes that some records related to the nuclear
unit will continue to be under NRC regulation, primarily due to
residual radioactivity. The radiological and other necessary
programmatic controls (such as security, quality assurance, etc.) for
the facility and the implementation of controls for the defueled
condition and the decommissioning activities are and will continue to
be appropriately addressed through the license and current plant
documents, such as the UFSAR and technical specifications. Except for
future changes made through the applicable change process defined in
the regulations (e.g., 10 CFR 50.48(f), 10 CFR 50.59, 10 CFR 50.90, 10
CFR 50.54(a), 10 CFR 50.54(p), 10 CFR 50.54(q), etc.), these
programmatic elements and their associated records are unaffected by
the requested partial exemption.
Records necessary for SFP SSCs and activities will continue to be
retained through the period that the SFP is needed for safe storage of
irradiated fuel. Analogous to other plant records, once the SFP is
permanently emptied of fuel, there will be no need to retain SFP-
related records.
Entergy's general justification for eliminating records associated
with Indian Point SSCs that have been or will be removed from service
under the NRC license, dismantled, or demolished is that these SSCs
will not in the future serve any Indian Point functions regulated by
the NRC. The decommissioning plans for Indian Point are described in
the Post-Shutdown Decommissioning Activities Report dated December 19,
2019 (ADAMS Accession No. ML19354A698) and are contingent on the
consummation of the pending license transfer (ADAMS Accession No.
ML19326B953). The proposed decommissioning process involves evaluating
SSCs with respect to the current facility safety analysis;
progressively removing them from the licensing basis where necessary
through appropriate change mechanisms (e.g., 10 CFR 50.59 or by NRC-
approved technical specification changes, as applicable); revising the
defueled safety analysis report and/or UFSAR as necessary; and then
proceeding with an orderly dismantlement.
Entergy intends to retain the records required by its license as
the facility's decommissioning transitions. However, equipment
abandonment will obviate the regulatory and business needs for
maintenance of most records. As the SSCs are removed from the licensing
basis, Entergy asserts that the need for its records is, on a practical
basis, eliminated. Therefore, Entergy is requesting partial exemptions
from the associated records retention requirements for SSCs and
historical activities that are no longer relevant. Entergy is not
requesting exemptions from any recordkeeping requirements for storage
of spent fuel at an ISFSI under 10 CFR part 50 or the general license
requirements of 10 CFR part 72.
A. Authorized by Law
As stated above, 10 CFR 50.12 allows the NRC to grant exemptions
from 10 CFR part 50 requirements if it makes certain findings. As
described in this section and in the sections below, the NRC staff has
determined that special circumstances exist to grant the partial
exemptions. In addition, granting the licensee's proposed partial
exemptions will not result in a violation of the Atomic Energy Act of
1954, as amended; other laws, or the Commission's regulations.
Therefore, the granting of the partial exemption request from the
recordkeeping 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.
[[Page 62335]]
B. No Undue Risk to Public Health and Safety
As SSCs are prepared for safe storage operation activities and
eventual decommissioning and dismantlement, they will be removed from
NRC licensing basis documents through appropriate change mechanisms,
such as through the 10 CFR 50.59 process or through a license amendment
request approved by the NRC. These change processes involve either a
determination by the licensee or an approval from the NRC that the
affected SSCs no longer serve any safety purpose regulated by the NRC.
Therefore, the removal of the SSCs would not present an undue risk to
the public health and safety. In turn, elimination of records
associated with these removed SSCs would not cause any additional
impact to public health and safety.
The granting of the partial exemption request from the
recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix
B, Criterion XVII; and 10 CFR 50.59(d)(3) for the records described is
administrative in nature and will have no impact on any remaining
decommissioning activities or on radiological effluents. The granting
of the partial exemption request will only advance the schedule for
disposition of the specified records. Because these records contain
information about SSCs associated with reactor operation and contain no
information needed to maintain the facility in a safe condition when
the facility is permanently defueled and the SSCs are dismantled, the
elimination of these records on an advanced timetable will have no
reasonable possibility of presenting any undue risk to the public
health and safety.
C. Consistent With the Common Defense and Security
The elimination of the recordkeeping 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 partial exemptions requested are administrative in
nature and would only advance the current schedule for disposition of
the specified records. Therefore, the partial exemption request from
the recordkeeping 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 described is consistent with the common defense and security.
D. Special Circumstances
Paragraph 50.12(a)(2) of 10 CFR 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; or (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 Appendix B to 10 CFR part 50, states, in part:
``Sufficient records shall be maintained to furnish evidence of
activities affecting quality.''
Paragraph 50.59(d)(3) of 10 CFR states, in part: ``The records of
changes in the facility must be maintained until the termination of an
operating license issued under this part. . . .''
Paragraph 50.71(c) of 10 CFR 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 Statement of Considerations 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 Statement of Considerations, 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. 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 that would adversely impact public
health and safety.
The records subject to removal under this partial exemption request
are 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, as evidenced by their appropriate removal from the
licensing basis documents. If the SSCs no longer have the potential to
cause these scenarios, then it is reasonable to conclude that the
records associated with these SSCs would not reasonably 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.
In addition, once removed from the licensing basis documents (e.g.,
UFSARs or technical specifications), 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. As such,
retention of records associated with SSCs that are or will no be longer
part of the facility serve no safety or regulatory purpose, nor do they
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 partial exemptions.
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. Retained
records that are not subject to the proposed partial exemption include
those associated with programmatic controls, such as those pertaining
to residual radioactivity, security, and quality assurance, as well as
records associated with the ISFSI 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
[[Page 62336]]
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.
However, the cost effect of retaining operational phase records
beyond the operations phase until the termination of the license was
not fully considered or understood when the records retention rule was
put in place. For example, existing records storage facilities are
eliminated as decommissioning progresses. Retaining records associated
with SSCs and activities that no longer serve a safety or regulatory
purpose would, therefore, result in an unnecessary financial and
administrative burden. 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 10 CFR 50.12(a)(2)(iii), to grant the partial
exemption request.
E. 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 meets the eligibility criteria for 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 partial exemption request is administrative in nature. The
partial exemption request has no effect on SSCs and no effect on the
capability of any plant SSC to perform its design function. The partial
exemption request would not increase the likelihood of the malfunction
of any plant SSC. The probability of occurrence of previously evaluated
accidents is not increased, since most previously analyzed accidents
will no longer be able to occur, and the probability and consequences
of the remaining fuel handling accident are unaffected by the partial
exemption request. Therefore, the partial exemption request does not
involve a significant increase in the probability or consequences of an
accident previously evaluated.
The partial exemption request does not involve a physical
alteration of the plant. No new or different type of equipment will be
installed, and there are no physical modifications to existing
equipment associated with the partial exemption request. Similarly, the
partial exemption request will not physically change any SSCs involved
in the mitigation of any accidents. Thus, no new initiators or
precursors of a new or different kind of accident are created.
Furthermore, the partial exemption request does not create the
possibility of a new accident as a result of new failure modes
associated with any equipment or personnel failures. No changes are
being made to parameters within which the plant is normally operated or
in the setpoints that initiate protective or mitigative actions, and no
new failure modes are being introduced. Therefore, the partial
exemption request does not create the possibility of a new or different
kind of accident from any accident previously evaluated.
The partial exemption request does not alter the design basis or
any safety limits for the plant. The partial exemption request does not
impact station operation or any plant SSC that is relied upon for
accident mitigation. Therefore, the partial exemption request does not
involve a significant reduction in a margin of safety.
For these reasons, the NRC staff has determined that approval of
the partial exemption request involves no significant hazards
consideration because granting the licensee's partial exemption request
from the recordkeeping 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 Indian Point 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 recordkeeping requirements, as well as reporting requirements
of an administrative, managerial, or organizational nature.
Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR
51.22(c)(25)(vi)(A), no environmental impact statement or environmental
assessment need be prepared in connection with the approval of this
partial exemption request.
IV. Conclusions
The NRC staff has determined that the granting of the partial
exemption request from the recordkeeping 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 staff determined that the destruction of the identified records is
administrative in nature and does not involve information or activities
that could potentially impact the common defense and security of the
United States.
The purpose for the recordkeeping 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 Indian Point SSCs that were safety-related or
important to safety have been or will be removed from the licensing
basis and removed from the plant, the NRC staff has determined that the
records identified in the partial exemption request will no longer be
required to achieve the underlying purpose of the records retention
rule.
[[Page 62337]]
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12, the partial exemptions 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 Entergy a partial
exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10
CFR part 50, Appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for
Indian Point, only to the extent necessary to allow the licensee to
advance the schedule to remove records associated with SSCs that have
been or will be removed from NRC licensing basis documents by
appropriate change mechanisms (e.g., 10 CFR 50.59 or by an NRC-approved
license amendment request, as applicable).
This partial exemption is effective for Indian Point 2 as of the
date of its issuance; however, the actions permitted by the exemption
for Indian Point 3 may not be implemented until the docketing of the
licensee's certification of permanent cessation of operations and
permanent removal of fuel from the Indian Point 3 reactor vessel
pursuant to 10 CFR 50.82(a)(1).
Dated: September 28, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor Licensing.
[FR Doc. 2020-21858 Filed 10-1-20; 8:45 am]
BILLING CODE 7590-01-P