[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73516-73519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25446]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-205, 361, and 362; NRC-2020-0254]
Southern California Edison; San Onofre Nuclear Generating
Station, Units 1, 2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff is issuing
an exemption in response to a request dated September 1, 2020, from the
Southern California Edison (SCE), for San Onofre Nuclear Generating
Station, Units 1, 2, and 3 (SONGS), from the requirement to investigate
and report to the NRC when SCE does not receive notification of receipt
of a shipment, or part of a shipment, of low-level radioactive waste
within 20 days after transfer from the SONGS facility. SCE requested
the time period to receive acknowledgement that the shipment has been
received by the intended recipient be extended from 20 to 45 days. SCE
requested this change to avoid an excessive administrative burden,
because its operational experience indicates that these shipments may
take more than 20 days to reach their destination.
DATES: The exemption was issued on November 13, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0254 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-2020-0254. Address
questions about 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.
The 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
[[Page 73517]]
``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 is available in
ADAMS) is provided the first time that it is mentioned in this
document.
Attention: The PDR, where you may examine and order copies
of public documents is currently closed. You may submit your request to
the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6822, email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: November 13, 2020.
For the Nuclear Regulatory Commission.
Bruce Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
Attachment--Exemption
Nuclear Regulatory Commission
Docket No. 50-205, 361, and 362
Southern California Edison
San Onofre Nuclear Generating Station, Unit 1, 2, and 3
Exemption From Certain Low-Level Waste Shipment Tracking Requirements
of 10 CFR Part 20, Appendix G, Section III.E
I. Background
San Onofre Nuclear Generating Station (SONGS), Units 1, 2, and 3,
are licensed to the Southern California Edison (SCE) \1\ under title 10
of the Code of Federal Regulations (10 CFR) part 50 (license No. DPR-
13, NPF-10, and NPF-15, respectively, and docket Nos. 50-206, 50-361,
and 50-362, respectively). The SONGS facility is located 4 miles
southeast of San Clemente, California, in San Diego County, California.
SONGS Units 1, 2 and 3, are decommissioning nuclear power reactor units
located in San Diego County, California, approximately 62 miles
southeast of Los Angeles, and approximately 51 miles northwest of San
Diego, on an 84-acre site located entirely within the Camp Pendleton
Marine Corps Base.
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\1\ SONGS is jointly owned by SCE (78.21 percent), San Diego Gas
& Electric (20 percent), and the city of Riverside (1.79 percent).
SCE is authorized to act as agent for the other co-owners and has
exclusive responsibility and control over the physical construction,
operation, and maintenance of the facility.
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Unit 1, a Westinghouse 3-loop pressurized water reactor constructed
by Bechtel and rated at 1,347 MWt, began commercial operation on
January 1, 1968, and permanently ceased operation on November 30, 1992.
The unit was initially placed in SAFSTOR until 2000 when active
decommissioning (DECON) began.
SONGS, Unit 1, was granted its provisional operating license by the
U.S. Nuclear Regulatory Commission (NRC) on January 1, 1968 and ceased
operation on November 30, 1992. The licensee completed defueling on
March 6, 1993 (ADAMS Accession No. ML13319B055), and maintained the
unit in deferred decontamination, or SAFSTOR, until June 1999, when it
initiated active decommissioning and dismantlement, or DECON (ADAMS
Accession No. ML13319B111). On December 28, 1993 (ADAMS Accession No.
ML13319B059), the NRC approved the Permanently Defueled Technical
Specifications for SONGS, Unit 1. SCE submitted the proposed
Decommissioning Plan for SONGS, Unit 1, on November 3, 1994 (ADAMS
Accession No. ML13319B073).
As a result of the 1996 revision to the regulations in 10 CFR
50.82, ``Termination of license,'' the NRC replaced the requirement for
a decommissioning plan with a requirement for a Post Shutdown
Decommissioning Activities Report (PSDAR). On August 28, 1996, the
SONGS 1 Decommissioning Plan became the SONGS 1 PSDAR (61 FR 67079;
December 19, 1996). On December 15, 1998 (ADAMS Accession No.
ML13184A353), SCE submitted an update to the PSDAR to the NRC, as
required by 10 CFR 50.82(a)(7), in order to begin planning for the
dismantlement and decommissioning of SONGS, Unit 1. Dismantlement of
SONGS, Unit 1, was essentially completed by 2009 and most of the
structures have been removed and sent to a nuclear waste disposal
facility. Certain below-grade structures were abandoned in place and
any void spaces filled. SCE then constructed the original approved
ISFSI for the temporary storage of SONGS Unit 1 SNF. SCE elected to
address decommissioning of these remaining remnants until after all SNF
has been removed and the approved ISFSI can be demolished. NRC issued a
license amendment in 2010 releasing the offshore portions of the Unit 1
cooling intake and outlet pipes under the Pacific Ocean seabed, leaving
them in place for unrestricted use. SONGS Unit 1 decommissioning work
yet to be completed includes the demolition of the Unit 1 share of the
ISFSI after the SNF is removed. All SONGS Unit 1 fuel (except for 270-
unit 1 spent fuel assemblies that were shipped to GE- Hitachi in
Morris, Illinois between period from 1972 to 1980 for wet storage) are
in dry storage at the onsite ISFSI. The NRC previously approved
Technical Specifications that reflect the transfer of all SONGS, Unit
1, spent fuel into dry storage (ADAMS Accession No. ML042660363).
Units 2 and 3 reactors are Combustion Engineering (CE) 2-loop
pressurized water reactors designed by Bechtel and rated at 3,438
Megawatt thermal (MWt) (1070/1080 Megawatt electric (MWe)). In February
and November 1982, NRC granted operating licenses for Units 2 and 3.
Units 2 and 3 began operations in August 1983 and April 1984,
respectively. SONGS Units 2 and 3 were shut down in January 2012 due to
issues with the replacement steam generators.
By letter dated June 12, 2013 (ADAMS Accession No. ML131640201) SCE
submitted a certification to the NRC indicating its intention to
permanently cease power operations at SONGS, Units 2 and 3, as of June
7, 2013, pursuant to 10 CFR 50.82(a)(1)(i). By letters dated June 28,
2013 (ADAMS Accession No. ML13183A391), and July 22, 2013 (ADAMS
Accession No. ML13204A304), SCE submitted permanent removal of fuel
certifications, pursuant to 10 CFR 50.82(a)(1)(ii), for the Unit 3 and
Unit 2 reactor vessels on October 5, 2012, and July 18, 2013,
respectively. Upon docketing of these certifications, the SONGS, Units
2 and 3, facility operating licenses no longer authorize operation of
the reactors or emplacement or retention of fuel into the reactor
vessels pursuant to 10 CFR 50.82(a)(2). By letter dated September 23,
2014 (ADAMS Accession No. ML14272A121), SCE submitted the PSDAR for
SONGS, Units 2 and 3. The PSDAR outlined the decommissioning activities
for SONGS, Units 2 and 3. The NRC staff reviewed the PSDAR in a letter
dated August 20, 2015 (ADAMS Accession No. ML15204A383).
By application dated December 15, 2016 (ADAMS Accession No.
ML16355A014), the licensee requested changes to the SONGS Facility
Operating Licenses and Technical Specifications to reflect the removal
of all spent nuclear fuel from the SONGS, Units 2 and 3, spent fuel
pools and their transfer to dry cask storage within an expanded onsite
ISFSI. The changes
[[Page 73518]]
also make conforming revisions to the SONGS, Unit 1, Technical
Specifications and combine them with the SONGS, Units 2 and 3,
Technical Specifications. These changes more fully reflect the current
status of the facility, as well as the reduced scope of structures,
systems, and components necessary to ensure plant safety once all spent
fuel has been permanently moved to the SONGS ISFSI, an activity that
was completed in August 2020. By letter dated August 7, 2020 (ADAMS
Accession No. ML20227A044), SCE certified that all spent nuclear fuel
assemblies were permanently transferred out of the SONGS spent fuel
pool and placed in storage within the onsite ISFSI.
On May 7, 2020, SCE submitted a revised PSDAR and Irradiated Fuel
Management Plan for the SONGS Units 2 and 3 in accordance with 10 CFR
50.82(a)(7) (ADAMS Accession No. ML20136A339). The NRC staff reviewed
this submittal and had no further comments (ADAMS Accession No.
ML20267A526). By the end of 2028, the licensee is expected to complete
all decommissioning work necessary to obtain NRC approval to reduce the
Part 50 license site footprint to the ISFSI area only and to allow
partial release of the SONGS site for unrestricted future use.
Inherent to the decommissioning process, large volumes of low-level
radioactive waste are generated. This low-level waste requires
processing and disposal or only disposal. SCE will transport, by truck
or by mixed mode shipments like a combination of truck and rail, low-
level radioactive waste from the facility to locations such as the
waste disposal facility operated by Waste Control Specialists in
Andrews, Texas and the one operated by Energy Solutions in Clive, Utah.
The estimated license termination date for SONGS Units 2 and 3, except
for the ISFSI, is 2030. The site restoration activities will be
completed by 2033. The licensee projects that all decommissioning
activities, to include the remnants of Unit 1, will be completed by
2051, approximately 2 years after the removal of the last spent fuel
from the SONGS ISFSI (ADAMS Accession No. ML20136A339).
II. Request/Action
By letter dated September 1, 2020 (ADAMS Accession No.
ML20255A083), SCE requested an exemption from 10 CFR part 20, appendix
G, ``Requirements for Transfers of Low-Level Radioactive Waste Intended
for Disposal at Licensed Land Disposal Facilities and Manifests,''
section III.E. for transfers of low-level radioactive waste from the
SONGS facility.
Section III.E requires that the shipper of any low-level
radioactive waste to a licensed land disposal or processing facility
must investigate and trace the shipment if the shipper has not received
notification of the shipment's receipt by the disposal or processing
facility within 20 days after transfer. In addition, section III.E
requires licensees to report such investigations to the NRC. SCE is
specifically requesting an exemption from the requirements in 10 CFR
part 20, appendix G, section III.E, under the provisions of 10 CFR
20.2301, ``Applications for exemptions.'' SCE seeks to extend the 20
day time period for SCE to receive notification that the shipment was
received to 45 days after transfer for a rail or mixed mode shipment
from SONGS facility to the intended recipient, before having to
investigate and report such shipments to the NRC.
III. Discussion
A. The Exemption Is Authorized by Law
The NRC's regulations in 10 CFR 20.2301 allow the Commission to
grant exemptions from the requirements of the regulations in 10 CFR
part 20 if it determines the exemption would be authorized by law and
would not result in undue hazard to life or property. There are no
provisions in the Atomic Energy Act of 1954, as amended (or in any
other Federal statute) that impose a requirement to investigate and
report on low-level radioactive waste shipments that have not been
acknowledged by the recipient within 20 days of transfer. Therefore,
the NRC staff concludes that there is no statutory prohibition on the
issuance of the requested exemption and the NRC is authorized to grant
the exemption by law.
B. The Exemption Presents No Undue Hazard to Life and Property
The purpose of 10 CFR part 20, appendix G, section III.E is to
require licensees to investigate, trace, and report radioactive
shipments that have not reached their destination, as scheduled, for
unknown reasons.
SCE states that ``[I]t has been It has been SONGS's experience,
similar to those at other decommissioning facilities that have shipped
large quantities of waste to offsite disposal facilities, that rail
shipments can routinely take longer than 20 days for various reasons
that cannot be anticipated nor avoided.'' The NRC staff notes a past
example of a planned shipment from SONGS that would exceed 20 days in
which a one-time exemption from the investigation and reporting
requirements of 10 CFR part 20, appendix G, section III.E was granted
(ADAMS Accession No. ML031400384). The NRC staff also notes that the
Unit 1 reactor pressure vessel low level waste shipment to Clive, UT
took more than 20 days (ADAMS Accession No. ML20188A388). In addition,
SCE reported on October 16, 2020, as required by 10 CFR part 20,
Appendix G, Section III.A.9, that a low-level waste shipment had not
been received in 20 days due to rail scheduling. Based on these past
reports, the NRC staff concludes that delays due to rail scheduling are
likely to recur.
Further, SCE states that the requested exemption ``. . . is similar
to the ones previously approved by the NRC, namely: Fort Calhoun
Station on June 30, 2020 (ref. ML20162A155), Vermont Yankee Nuclear
Power Station on February 5, 2020 (ref. ML20017A069), La Crosse Boiling
Water Reactor facility on May 2, 2017 (ref. ML17124A210), and Zion
Nuclear Power Station Units 1 and 2 on January 30, 2015 (ref.
ML15008A417).'' The NRC staff reviewed these other exemption requests
and notes that all of the facilities noted above are reactors
facilities undergoing decommissioning. The NRC staff agrees that these
exemption requests are similar to the exemption requested by SCE. In
addition, SCE stated that ``the NRC staff in SECY-18-055, (ref. 1 and
ML18012A022), has proposed rulemaking to amend 10 CFR 20, Appendix G,
Section 111.E to allow a 45-day notification window based on operating
experience that show this is a reasonable delay for low-level waste
shipments.'' The NRC staff agrees that the proposed rulemaking that SCE
references does propose to amend 10 CFR part 20, appendix G, Section
111.E to allow a 45-day notification window based on operating
experience, which shows this is a reasonable delay for low-level waste
shipments. The NRC staff agrees that a 45-day notification window based
on operating experience is a reasonable delay for low-level waste
shipments from reactor decommissioning facilities.
In its request, SCE stated that SCE takes actions during the
preparation of shipments to predict and mitigate undesirable conditions
as much as possible, encountered delays can often extend the shipping
duration beyond the requisite 20 days. SCE states that exceeding the
20-day shipment duration results in an administrative burden. SCE
states the burden is a result of the required investigations and
reporting,
[[Page 73519]]
even though shipments continue to be under requisite controls.
SCE is in the process of decommissioning SONGS Units 2 & 3. During
reactor decommissioning, large volumes of slightly contaminated debris
are generated and require disposal. SCE will be transporting low-level
radioactive waste from the SONGS facility to distant locations such as
the waste disposal facility operated by Waste Control Specialists in
Andrews, Texas and by Energy Solutions in Clive, Utah. SCE plans to
ship most of the waste to these disposal facilities or intermediate
processors via rail.
SCE indicated in its application that, due to the complex
scheduling and congestion on the planned rail systems, delays beyond
the estimated durations are often encountered after the waste leaves
site. Rail shipments may sit at a remote railyard waiting for clearance
to depart or for maintenance of a railcar in need of repair; either of
which creates delays that can extend the estimated shipping durations
from SONGS and are outside of the shipper's, (i.e., SCE's) controls.
Administrative processes at the disposal facility and mail delivery
times can add several additional days.
Low-level radioactive waste shipments from the SONGS facility can
take longer than 20 days to reach a waste disposal facility. The delay
is not the result of loss, but a consequence of the complexity involved
in shipping large components. In addition, the NRC staff is aware of
shipping industry practices that could result in shipping durations
exceeding 20 days due to issues not specifically related to the
transport of large components, such as rail cars containing LLW in
switchyards waiting to be included in a complete train to the disposal
facility. According to SCE, ``in terms of potential effect on a member
of the public, the number 1 cause of delays is coordination with the
rail carriers. When these delays happen, the shipment is generally
within a railyard and not near a member of the public or a public
place. The only way a shipment would remain in a public place for an
unusual amount of time is if there was a problem with the transport
vehicle or the rail system.'' The NRC staff notes that the shipments
are compliant with the Department of Transportation and NRC
requirements for transportation of low-level radioactive packaging,
placarding and radiation levels for health and safety purposes during
transit including during switchyard staging. Furthermore, the shipments
are under control of the shipper at all times, tracked by the licensee,
and periodically monitored by the licensee, as needed. Therefore, there
are no potential health and safety concerns associated with this
material sitting in a switchyard for an extended period of time.
Based on the history of low-level radioactive waste shipments from
SONGS and the lack of potential health and safety concerns associated
with this material sitting in a switchyard for extended period of time,
the need to investigate, trace and report on shipments that take longer
than 20 days but not longer than 45 days is therefore inappropriate.
The NRC staff believes that the application of 45 days as an upper
bound is appropriate for the same reasons as presented in the proposed
rulemaking (page 158, ML18012A022).
As indicated in the request for exemption, for rail shipments from
SONGS, SCE will use a tracking system that allows daily monitoring of a
shipments' progress to its destination and SONGS shipping procedures
prescribe the expectations for tracking and communications during
transit. The NRC staff believes these steps will allow for monitoring
the progress of the shipments by the rail carrier on a daily basis, if
needed, in lieu of the 20-day requirement and will initiate an
investigation as provided for in Section III.E after 45 days. Because
of the oversight and the ability to monitor low-level radioactive waste
shipments throughout the entire journey from SONGS to a disposal or
processing site noted above, the NRC staff concludes that it is
unlikely that a shipment could be lost, misdirected, or diverted
without the knowledge of the carrier or SCE and there is no potential
health and safety concern presented by the requested exemption.
Furthermore, by extending the elapsed time for receipt acknowledgment
to 45 days before requiring investigations, tracing, and reporting, a
reasonable upper limit on shipment duration is maintained if a
breakdown of normal tracking systems were to occur.
Consequently, the NRC staff finds that extending the receipt of
notification period from 20 to 45 days after transfer of the low-level
radioactive waste as described by SCE in its September 1, 2020, letter
would not result in an undue hazard to life or property.
C. The Exemption Is Subject to a Categorical Exclusion
With respect to compliance with Section 102(2) of the National
Environmental Policy Act, 42 U.S.C. 4332(2) (NEPA), the NRC staff has
determined that the proposed action, the approval of the SCE exemption
request, is within the scope of the categorical exclusion listed at 10
CFR 51.22(c)(25). The proposed action presents (i) no significant
hazards considerations; (ii) would not result in a significant change
in the types or significant increase in the amounts of any effluents
that may be released offsite; (iii) would not result in a significant
increase in individual or cumulative public or occupational radiation
exposure; (iv) has no significant construction impact; (v) does not
present a significant increase in the potential for or consequences
from radiological accidents. The requirements from which an exemption
is sought involves reporting requirements under 10 CFR
51.22(c)(25)(vi)(B) as well as inspection or surveillance requirements
under 10 CFR 51.22(c)(25)(vi)(C). Given the applicability of relevant
categorical exclusions, no further analysis is required under NEPA.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
20.2301, the exemption is authorized by law and will not result in
undue hazard to life or property. Therefore, effective immediately, the
Commission hereby grants SCE an exemption from 10 CFR part 20, appendix
G, section III.E to extend the receipt of notification period from 20
days to 45 days after transfer for rail or mixed-mode shipments of low-
level radioactive waste from Units 1, 2, and 3 from the SONGS facility
to a licensed land disposal or processing facility.
Dated at Rockville, Maryland, this 13th day of November.
For the Nuclear Regulatory Commission.
/RA/
Patricia K. Holahan,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2020-25446 Filed 11-17-20; 8:45 am]
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