[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20512-20515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08676]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304; NRC-2015-0087]
ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption from certain emergency planning requirements in response to a
June 20, 2012, request from ZionSolutions, LLC. The requirements were
part of a final rule that the NRC issued on November 23, 2011.
DATES: April 16, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0087 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-2015-0087. 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/
[[Page 20513]]
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 B. Hickman, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-415-3017, email:
[email protected].
I. Background
Zion Nuclear Power Station (ZNPS) Units 1 and 2 were permanently
shut down in February 1998, for economic reasons, and the licensee
placed the plant in SAFSTOR. The licensee isolated the spent fuel pool
(SFP) within its Fuel Building and established a spent fuel pool
nuclear island with SFP-dedicated support systems. In 1999, the NRC
issued an exemption from certain requirements in part 50 of Title 10 of
the Code of Federal Regulations (10 CFR), for the ZNPS licensee to
discontinue offsite emergency planning activities and to reduce the
scope of onsite emergency planning. In September 2010, the licensed
ownership, management authorities, and decommissioning trust fund of
the permanently shut down facility was transferred to ZionSolutions
(ZS), a subsidiary of EnergySolutions, for the purpose of completing
all decommissioning activities with the end goal of full site
restoration. Active decommissioning is currently underway.
The NRC's emergency planning (EP) regulations provide in part that
no initial operating license for a nuclear power reactor will be issued
unless a finding is made by the NRC that there is reasonable assurance
that adequate protective measures can and will be taken in the event of
a radiological emergency. Additionally, the NRC's EP regulations
establishe minimum requirements for emergency plans for use in
attaining an acceptable state of emergency preparedness.
On November 23, 2011 (76 FR 72560), the NRC issued a Final Rule
amending certain EP requirements for licensees of nuclear power and
non-power reactors. The Final EP Rule was effective on December 23,
2011.
The Final EP Rule modified or added several EP requirements in 10
CFR part 50, including changes in 10 CFR 50.47, 10 CFR 50.54, and
appendix E. The Final EP Rule codified certain voluntary protective
measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness
and Response Actions for Security-Based Events,'' and made generically
applicable requirements similar to those previously imposed by NRC
Order EA-02-026, ``Order for Interim Safeguards and Security
Compensatory Measures,'' dated February 25, 2002.
In addition, the Final EP Rule amended other licensee emergency
plan requirements to: (1) Enhance the ability of licensees in preparing
and in taking certain protective actions in the event of a radiological
emergency; (2) address, in part, security issues identified after the
terrorist events of September 11, 2001; (3) clarify regulations to
effect consistent emergency plan implementation among licensees; and
(4) modify certain EP requirements to be more effective and efficient.
II. Request/Action
By letter dated June 20, 2012, (ADAMS Accession No. ML12173A316)
ZS, submitted a request for exemption, ``Request for Exemption to
Revised Emergency Planning Rule,'' from specific emergency planning
requirements of 10 CFR part 50 for the ZNPS.
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 (1) 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; and
(2) when special circumstances are present.
The NRC staff reviewed the licensee's request and determined that
exemptions should be granted, or continue to be granted, from the
following requirements: the requirement: ``arrangements to accommodate
State and local staff at the licensee's Emergency Operations Facility
have been made'' of 10 CFR 50.47(b)(3); the requirement: ``and State
and local response plans call for reliance on information provided by
facility licensees for determinations of minimum initial offsite
response measures'' of 10 CFR 50.47(b)(4); the requirements of 10 CFR
50.47(b)(10); the requirement, ``and onsite protective actions during
hostile action'' of 10 CFR part 50, appendix E.IV.1; the requirement of
10 CFR part 50, appendix E, section IV.2; the requirements of 10 CFR
part 50, appendix E, section IV.3; the requirements of 10 CFR part 50,
appendix E, section IV.4; the requirements of 10 CFR part 50, appendix
E, section IV.5; the requirements of 10 CFR part 50, appendix E,
section IV.6; the requirement: ``offsite'' of 10 CFR part 50, appendix
E, section IV.A.4; the requirements: ``By June 23, 2014,'' and ``a
description of the'' and ``including hostile action at the site. For
purposes of this appendix, ``hostile action'' is defined as an act
directed toward a nuclear power plant or its personnel that includes
the use of violent force to destroy equipment, take hostages, and/or
intimidate the licensee to achieve an end. This includes attack by air,
land, or water using guns, explosives, projectiles, vehicles, or other
devices used to deliver destructive force'' of 10 CFR part 50, appendix
E, section IV.A.7; the requirement of 10 CFR part 50, appendix E,
section IV.A.9; the requirements: ``and outside,'' and ``and offsite,
and ``By June 20, 2012, for nuclear power reactor licensees, these
action levels must include hostile action that may adversely affect the
nuclear power plant'' of 10 CFR part 50, appendix E, section IV.B.1;
the requirements, ``By June 20, 2012,'' and ``within 15 minutes'' and
``to protect public health and safety provided that any delay in
declaration does not deny the State and local authorities the
opportunity to implement measures necessary to protect the public
health and safety'' of 10 CFR part 50, appendix E, section IV.C.2; the
requirements, ``within 15 minutes'' and ``The licensee shall
demonstrate that the appropriate governmental authorities have the
capability to make a public alerting and notification decision promptly
on being informed by the licensee of an emergency condition. Prior to
initial operation greater than 5 percent of rated thermal power of the
first reactor at the site, each nuclear power reactor licensee shall
demonstrate that administrative and physical means have been
established for alerting and providing prompt instructions to the
public with the plume exposure pathway EPZ. The design objective of the
prompt public alert and notification system shall be to have the
capability to essentially complete the initial alerting and
notification of the public within the plume exposure pathway EPZ within
[[Page 20514]]
about 15 minutes. The use of this alerting and notification capability
will range from immediate alerting and notification of the public
(within 15 minutes of the time that State and local officials are
notified that a situation exists requiring urgent action) to the more
likely events where there is substantial time available for the
appropriate governmental authorities to make a judgment whether or not
to activate the public alert and notification system. The alerting and
notification capability shall additionally include administrative and
physical means for a backup method of public alerting and notification
capable of being used in the event the primary method of alerting and
notification is unavailable during an emergency to alert or notify all
or portions of the plume exposure pathway EPZ population. The backup
method shall have the capability to alert and notify the public within
the plume exposure pathway EPZ, but does not need to meet the 15 minute
design objective for the primary prompt public alert and notification
system. When there is a decision to activate the alert and notification
system, the appropriate governmental authorities will determine whether
to activate the entire alert and notification system simultaneously or
in a graduated or staged manner. The responsibility for activating such
a public alert and notification system shall remain with the
appropriate governmental authorities'' of 10 CFR part 50, appendix E,
section IV.D.3; the requirements of 10 CFR part 50, appendix E, section
IV.D.4; the requirement: ``and an emergency operations facility'' of 10
CFR part 50, appendix E, section IV.E.8.a.(i); the requirement: of 10
CFR part 50, appendix E, section IV.E.8.a.(ii); the requirements of 10
CFR part 50, appendix E, section IV.E.8.b; the requirements of 10 CFR
part 50, appendix E, section IV.E.8.c; the requirements of 10 CFR part
50, appendix E, section IV.E.8.d; the requirement of 10 CFR part 50,
appendix E, section IV.E.8.e; the requirements of 10 CFR part 50,
appendix E, section IV.F.2.a; the requirements: ``Nuclear power reactor
licensees shall submit exercise scenarios under Sec. 50.4 at least 60
days before use in an exercise required by this paragraph 2.b. The
exercise may be included in the full participation biennial exercise
required by paragraph 2.c. of this section'' and the requirements ``and
offsite'' and ``(Technical Support Center (TSC), Operations Support
Center (OSC), and the Emergency Operations Facility (EOF))'' of 10 CFR
part 50, appendix E, section IV.F.2.b; the requirements of 10 CFR part
50, appendix E, section IV.F.2.c; the requirements of 10 CFR part 50,
appendix E, section IV.F.2.d; the requirement: ``Such scenarios for
nuclear power reactor licensees must include a wide spectrum of
radiological releases and events, including hostile action'' of 10 CFR
part 50, appendix E, section IV.F.2.i; the requirements of 10 CFR part
50, appendix E, section IV.F.2.j; and the requirement of 10 CFR part
50, appendix E, section IV.I.
The exemption request was reviewed against the acceptance criteria
included in 10 CFR 50.47, appendix E to 10 CFR part 50, 10 CFR 72.32
and Interim Staff Guidance--16. The review considered the permanently
shut-down and defueled status of the reactor, and the low likelihood of
any credible accident resulting in radiological releases requiring
offsite protective measures. These evaluations were supported by the
previously documented licensee and staff accident analyses. The staff
concludes that the Defueled Station Emergency Plan for ZNPS provides:
(1) An adequate basis for an acceptable state of emergency
preparedness, and (2) in conjunction with arrangements made with
offsite response agencies, provides reasonable assurance that adequate
protective measures can and will be taken in the event of a
radiological emergency at the ZNPS Site.
The Commission has concluded that the licensee's request for an
exemption from certain requirements of 10 CFR 50.47(b) and 10 CFR part
50, appendix E, section IV as specified above are acceptable in view of
the greatly reduced offsite radiological consequences associated with
the current plant status as permanently shut-down.
The NRC has determined that other requirements from which ZS
requested exemptions were not applicable to the ZNPS or are being met
by the ZNPS Defueled Station Emergency Plan or an exemption was not
appropriate. Therefore, an exemption was not necessary or was denied
for those requirements. Additional information regarding the staff's
evaluation is documented in a Safety Evaluation Report (ADAMS Accession
No. ML14272A315).
A. Exemption Is Authorized by Law
The NRC has found that ZS meets the criteria for an exemption in
Sec. 50.12. The NRC has determined that granting the exemption will
not result in a violation of the Atomic Energy Act of 1954, as amended,
or the Commission's regulations. Therefore, the exemption is authorized
by law.
B. The Exemption Presents No Undue Risk to Public Health and Safety and
Is Consistent With the Common Defense and Security
As noted in Section II, ``Request/Action,'' above, ZS's compliance
with the EP requirements in effect before the effective date of the
Final EP Rule demonstrated reasonable assurance of adequate protection
of the public health and safety and common defense and security. In the
Safety Evaluation Report, the NRC staff explains that ZS's
implementation of the ZNPS Defueled Station Emergency Plan, with the
exemptions, will continue to provide this reasonable assurance of
adequate protection. Thus, granting the exemptions will not present an
undue risk to public health or safety and is not inconsistent with the
common defense and security.
C. Special Circumstances Are Present
For the Commission to grant an exemption, special circumstances
must exist. Under Sec. 50.12(a)(2)(ii), special circumstances are
present when [a]pplication 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. These
special circumstances exist here. The NRC has determined that ZS's
compliance with the regulations listed above is not necessary for the
licensee to demonstrate that, under its emergency plan, there is
reasonable assurance that adequate protective measures can and will be
taken in the event of a radiological emergency. Consequently, special
circumstances are present because requiring ZS to comply with the
regulations listed above is not necessary to achieve the underlying
purpose of the EP regulations.
D. Environmental Considerations
Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental
assessment and finding of no significant impact related to this
exemption was published in the Federal Register. Based upon the
environmental assessment, the Commission has determined that issuance
of this exemption will not have a significant effect on the quality of
the human environment.
IV. Conclusion
The NRC staff reviewed the licensee's submittals and concludes that
the licensee's request for an exemption from certain requirements in 10
CFR 50.47(b) and appendix E to 10 CFR part 50 as
[[Page 20515]]
specified above are acceptable in view of the greatly reduced offsite
radiological consequences associated with the current plant status as
permanently shut down.
The Commission has determined that, pursuant to 10 CFR 50.12, the
exemptions are authorized by law, will not present an undue risk to the
public health and safety, are consistent with the common defense and
security, and special circumstances are present in that compliance with
the specified regulations is not necessary for reasonable assurance
that adequate protective measures can and will be taken in the event of
a radiological emergency at the ZNPS facility based on its permanently
shut down condition.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 30th day of March 2015.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-08676 Filed 4-15-15; 8:45 am]
BILLING CODE 7590-01-P