[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Notices]
[Pages 45003-45005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18474]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-295 and 50-304; NRC-2015-0168]
ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption from certain emergency planning requirements in response to a
May 27, 2014, request from ZionSolutions, LLC. The exemptions remove
requirements that are no longer applicable since all the fuel has been
transferred from the spent fuel pool to an independent spent fuel
storage installation (ISFSI).
ADDRESSES: Please refer to Docket ID NRC-2015-0168 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-2015-0168. 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/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 that document
is 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
In section 50.47 of Title 10 of the Code of Federal Regulations (10
CFR), ``Emergency plans,'' provides in part, ``. . . 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.'' Appendix E to 10 CFR part 50, ``Emergency
Planning and Preparedness for Production and Utilization Facilities,''
provides in part, ``This appendix establishes minimum requirements for
emergency plans for use in attaining an acceptable state of emergency
preparedness.''
Zion Nuclear Power Station (ZNPS), Units 1 and 2 were permanently
shut down in February 1998, for economic reasons. The licensee placed
the plant in SAFSTOR, which means that the licensee deferred
dismantling and decontamination of the facility while maintaining and
monitoring the facility in a condition that allowed radioactivity to
decay. 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 of 10 CFR part 50 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 shutdown 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. As of
January 12, 2015, all of the spent fuel at the ZNPS had been
transferred to the ZNPS ISFSI.
II. Request/Action
By letter dated May 27, 2014, (ADAMS Accession No. ML14148A295), ZS
submitted a ``License Amendment Request for Proposed Revision to Zion
Nuclear Power Station Defueled Station Emergency Plan and Request for
Exemption from Certain Requirements of 10 CFR 50.47, and 10 CFR part
50, appendix E.'' The amendment request was addressed separately by the
NRC in a letter dated May 14, 2015 (ADAMS Accession No. ML15092A380).
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 requirements of 10 CFR 50.47(b)(10); the
requirement: ``By June 20, 2012, nuclear power reactor,'' 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
[[Page 45004]]
necessary to protect the public health and safety,'' of 10 CFR part 50,
appendix E, section IV.C.2; the requirement: ``and agreements reached
with these officials and agencies for the prompt notification of the
public and for public evacuation or other protective measures, should
they become necessary,'' and ``of the appropriate officials, by title
and agency,'' and ``within the EPZs,'' of 10 CFR part 50, appendix E,
section IV.D.1; the requirement: ``onsite technical support center and
an emergency operations,'' of 10 CFR part 50, appendix E, section IV.E
8.a.(i); the requirements of 10 CFR part 50, appendix E, section
IV.E.9.c; the requirement: ``from the nuclear power reactor control
room, the onsite technical support center, and the emergency operations
facility,'' of 10 CFR part 50, appendix E, section IV.E.9.d; the
requirement: ``including control room shift personnel,'' of 10 CFR part
50, appendix E, section IV.F.1.ii; the requirements of 10 CFR part 50,
appendix E, section IV.F.1.viii; the requirement: ``/Civil Defense,''
and ``local news media persons,'' of 10 CFR part 50, appendix E,
section IV.F.1; the requirements of 10 CFR part 50, appendix E, section
IV.F.2.a; including subsections IV.F.2.a.(i), IV.F.2.a.(ii), and
IV.F.2.a.(iii); the requirement: ``Nuclear power reactor licensees
shall submit exercise scenarios under 10 CFR 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 ``and offsite,'' and ``protective
action recommendation development, protective action decision making,
plant,'' 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 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 Spent Fuel Project Office Interim Staff Guidance--16, ``Emergency
Planning'' (ADAMS Accession No. ML003724570). The review considered the
permanently shutdown and defueled status of the reactor with all fuel
transferred to the ISFSI, and the low likelihood of any credible
accident resulting in radiological releases requiring offsite
protective measures. These evaluations are documented in the NRC staff
Safety Evaluation Report (ADAMS Accession No. ML15140A563). 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 shutdown with all spent fuel in
the ISFSI.
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 that an exemption was
not appropriate. Therefore, an exemption was not necessary or was
denied for those requirements.
A. Exemption Is Authorized by Law
The NRC has found that ZS meets the criteria for an exemption in 10
CFR 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
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. In addition, the requested exemptions only involve
EP requirements under 10 CFR part 50. Physical security measures at
ZNPS will not be affected by the requested EP exemptions, and granting
the exemptions will not adversely affect ZS's ability to physically
secure the site or protect special nuclear material. 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 10 CFR 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, given the current plant status as
permanently shutdown with all spent fuel in the ISFSI. 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 on July 16, 2015 (80 FR
42129). 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 of 10
CFR 50.47(b) and appendix E to10 CFR part 50 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 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 20th day of July, 2015.
[[Page 45005]]
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. 2015-18474 Filed 7-27-15; 8:45 am]
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