[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42109-42111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13882]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-0320; NRC-2023-0042]


TMI-2 Solutions; Three Mile Island Nuclear Station, Unit No. 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, or Commission) is 
issuing an exemption in response to a September 29, 2022, request from 
TMI-2 Solutions, LLC (TMI-2 Solutions, or Licensee) for an exemption 
from NRC regulations. The action exempts TMI-2 Solutions from the 
requirements to maintain a radiation monitoring system in each area 
where licensed special nuclear material is handled, used, or stored 
that would energize clearly audible alarm signals if accidental 
criticality occurred during decommissioning. In evaluating the 
exemption request, the NRC staff determined that the Licensee's 
proposed decommissioning activities do not present any credible 
criticality hazards.

DATES: The exemption was issued on and was effective on May 2, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0042 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-2023-0042. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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 (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, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), 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:

I. Background

    TMI-2 Solutions is the holder of Possession Only License (POL) No. 
DPR-73 for Three Mile Island Nuclear Station, Unit No. 2 (TMI-2). The 
POL provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the NRC now or hereafter in effect. 
TMI-2 is located in Dauphin County, Pennsylvania.

[[Page 42110]]

    The NRC previously granted TMI-2 an exemption from the criticality 
accident monitoring requirements of section 70.24 of title 10 of the 
Code of Federal Regulations (10 CFR), ``Criticality accident 
requirements,'' for Special Nuclear Material (SNM) storage, on June 15, 
1992 (ADAMS Accession No. ML20210D729). In its exemption request (ADAMS 
Accession No. ML22276A024), the Licensee noted that the June 15, 1992, 
exemption stated:
    ``. . . it is appropriate to request an exemption from 10 CFR 70.24 
if an evaluation determines that a potential for criticality does not 
exist, as for example where the quantities or form of special nuclear 
material make criticality practically impossible or where geometric 
spacing is used to preclude criticality.''
    The NRC granted the 1992 exemption based on the lack of a credible 
criticality hazard related to the storage of fissionable material at 
the facility (ADAMS Package Accession No. ML20210D728). That exemption, 
however, only covered the initial cleanup of TMI-2 fuel debris. 
Consequently, as TMI-2 Solutions progresses to radiological 
decommissioning of TMI-2, including activities beyond the initial 
cleanup of TMI-2 fuel debris, the 1992 exemption will no longer apply. 
Therefore, TMI-2 Solutions requested this exemption from 10 CFR 70.24, 
which will extend until license termination.

II. Request/Action

    Section 70.24 requires, in relevant part, that each licensee 
authorized to possess special nuclear material in a quantity exceeding 
700 grams of contained uranium-235, 520 grams of uranium-233, 450 grams 
of plutonium, 1,500 grams of contained uranium-235 if no uranium 
enriched to more than 4 percent by weight of uranium-235 is present, or 
450 grams of any combination thereof, shall maintain a monitoring 
system in each area in which such licensed special nuclear material is 
handled, used, or stored. The monitoring system must use gamma- or 
neutron-sensitive radiation detectors which will energize clearly 
audible alarm signals if accidental criticality occurs.
    In its exemption application, TMI-2 Solutions states that 
criticality is not credible at TMI-2, and therefore it considers an 
exemption to 10 CFR 70.24 for a criticality monitoring system to be 
appropriate for decommissioning. The licensee states that TMI2-RA-COR-
2022-0008, ``Supplemental Information to License Amendment Request--
Three Mile Island, Unit 2, Decommissioning Technical Specifications,'' 
demonstrates that the spent fuel mass limit (SFML) associated with 
remaining fuel bearing material at TMI-2 is 1361 kilograms (kg) of 
uranium oxide (UO2). The licensee notes that this SFML is 24 
percent higher than the previous estimate on record for remaining fuel 
bearing material at TMI-2, which the NRC staff found to analytically 
preclude a credible criticality accident at TMI-2 (ADAMS Accession No. 
ML23094A269). The updated SFML result represents a more accurate and 
updated calculation from the 1990 SFML calculation. The Licensee 
arrived at this updated calculation by taking credit for impurities and 
actual enrichment based on the results of physical samples taken during 
the defueling effort.

III. Discussion

    Pursuant to 10 CFR 70.17(a), ``Specific exemptions,'' the 
Commission may, upon application by any interested person or upon its 
own initiative, grant exemptions from the requirements of 10 CFR part 
70 when the exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
interest of the public.
    The NRC staff has reviewed the exemption request and finds that 
granting the proposed exemption will not result in a violation of the 
Atomic Energy Act of 1954, as amended, the Commission's regulations, or 
other laws. As explained as follows, 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.
    The exemption presents no undue risk to the public health and 
safety and therefore will not endanger life or property. Based on the 
NRC staff's evaluation, the NRC staff determined that the Licensee's 
proposed decommissioning activities do not present any credible 
criticality hazards. Because there are no credible criticality hazards 
related to the Licensee's proposed decommissioning activities and 
because all activities will be conducted such that subcriticality is 
assured under normal and all credible abnormal conditions, the NRC 
staff concludes that the Licensee's program will provide reasonable 
assurance of adequate protection of the health and safety of workers 
and the public.
    The exemption is consistent with the Common Defense and Security 
because the NRC staff determined there would be no impact to the 
physical protection plan, emergency preparedness, environmental 
monitoring, effluent monitoring, or material control and accountability 
programs at TMI-2. Further, as described in the NRC staff's safety 
evaluation, the NRC staff conducted independent evaluations and 
concluded that criticality is not credible; therefore, an exemption 
from criticality monitoring requirements is warranted. The NRC staff 
agrees with the licensee's conclusion in its application that the 
requested exemption to the requirements of 10 CFR 70.24 does not 
involve information or activities that could potentially impact the 
common defense and security. The Licensee demonstrated that there is no 
credible criticality hazard, and the existing administrative 
restrictions described in the TMI-2 Fuel Bearing Material Program 
prevent proliferation and limit aggregation. The elimination of the 
criticality monitoring requirements does not involve information or 
activities that could potentially impact the common defense and 
security of the United States.
    Further, while administrative controls for geometric spacing are 
not necessary because there is not enough UO2 to assemble an 
optimal critical configuration, TMI-2 Solutions will be implementing 
local administrative controls as part of its Fuel Bearing Material 
Management Program for the purpose of defense in depth. These 
administrative controls will apply to the activities which will handle 
the highest quantities of fuel bearing material (e.g., segmenting the 
reactor vessel internals which represent 925 kg UO2 or 68 
percent of the SFML). These defense in depth controls will include 
control on the physical location of segmentation equipment and limiting 
the number of waste receptacles (i.e., physical manifestations of 
controls on geometric spacing).
    Finally, the NRC staff concludes that the exemption is in the 
public interest. As stated previously, the Licensee demonstrated that 
criticality is not credible during site decommissioning activities 
under credible normal and credible abnormal conditions. Therefore, 
conducting criticality monitoring at TMI-2 would expend NRC staff 
inspection and other NRC staff regulatory resources that could be used 
for other activities at the facility. Additionally, the Licensee states 
that, if the exemption request were denied, its personnel would 
experience a slight increase in occupational dose during the 
maintenance of criticality monitors, which would not be consistent with 
as low as reasonably achievable principles. The NRC staff agrees.

[[Page 42111]]

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
70.17(a), the exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
interest of the public. Therefore, the Commission hereby grants TMI-2 
Solutions an exemption from 10 CFR 70.24 during decommissioning.

    Dated: June 26, 2023.

    For the Nuclear Regulatory Commission.
Jane E. Marshall,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-13882 Filed 6-28-23; 8:45 am]
BILLING CODE 7590-01-P