[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76516-76518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27093]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-27; NRC-2022-0050]
Pacific Gas and Electric Company; Humboldt Bay Independent Spent
Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application and exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
License Amendment No. 5 to Special Nuclear Materials (SNM) License No.
SNM-2514 for the Humboldt Bay Independent Spent Fuel Storage
Installation (ISFSI), located in Humboldt County, California, and is
granting an exemption that would relieve Pacific Gas and Electric
Company (PG&E, the licensee) from the requirement to submit annual
effluent monitoring reports for the Humboldt Bay ISFSI. The requested
amendment proposes to delete and make administrative changes to certain
license conditions, revise certain technical specifications that are no
longer applicable to the Humboldt Bay ISFSI, and add a new
administrative technical specification concerning the processing of
administrative changes to Humboldt Bay ISFSI's quality assurance
program. The amendment also removes license condition 18, which
requires the licensee to update its final safety analysis report within
90 days of the NRC issuing a renewed license.
DATES: The amendment and exemption were issued on October 11, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0050 when contacting the
NRC about the availability of information regarding this action. You
may obtain publicly available information related to this action using
any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0050. 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
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Donald Habib, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-1035, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. License Amendment
By letter dated December 14, 2021 (ADAMS Accession No.
ML21348A389), the NRC received an application from PG&E, the licensee
of the Humboldt Bay ISFSI, to amend License No. SNM-2514, which
authorizes the receipt, possession, storage, and transfer of spent
fuel, reactor-related greater than Class C waste, and other greater
than Class C radioactive materials at the Humboldt Bay ISFSI. The
requested amendment incorporates the following changes to the license:
1. Makes administrative changes to license conditions that
reference Humboldt Bay Power Plant.
2. Deletes license conditions that are complete, no longer
applicable, or restate NRC regulations.
3. Revises technical specifications to remove Humboldt Bay Power
Plant systems, structures, components, and activities that are no
longer applicable.
4. Adds a new administrative technical specification for processing
administrative changes to the Humboldt Bay ISFSI Quality Assurance
Program.
An administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML22027A468). In
accordance with section 72.16 of title 10 of the Code of Federal
Regulations (10 CFR), a notice of docketing was published in the
Federal Register on March 8, 2022 (87 FR 13011). The notice of
docketing included an opportunity to request a hearing and to petition
for
[[Page 76517]]
leave to intervene. No requests for a hearing or petitions for leave to
intervene were submitted. In a letter to PG&E dated February 3, 2022,
the NRC notified PG&E that the application was acceptable to begin a
technical review.
In addition to the changes proposed in PG&E's license amendment
request, the NRC staff considered in its evaluation removal from the
license of condition 18, which requires the licensee to incorporate
certain changes in its final safety analysis report within 90 days of
the NRC issuing a renewed license.
The NRC staff prepared a safety evaluation report (SER) (ADAMS
Accession No. ML22214A119) to document its review and evaluation of the
amendment request. As part of the review, the NRC staff determined that
condition 18 could be removed from the license because the actions
required under the condition had been completed by the licensee.
The NRC also determined that one of the changes requested in PG&E's
application required exemption from NRC regulations. The staff's
evaluation of the exemption is discussed as follows.
As further explained in the SER, the NRC determined that the
license amendment is administrative in nature, and therefore satisfies
the 10 CFR 51.22(c)(11) criteria for a categorical exclusion from the
requirement to prepare an environmental impact statement. Under 10 CFR
51.22(c)(11), this action is eligible for categorical exclusion,
because it is an amendment to a materials license that is
administrative, organizational, or procedural in nature, or which
results in a change in process operations or equipment, provided that
(i) there is no significant change in the types or significant increase
in the amounts of any effluents that may be released offsite, (ii)
there is no significant increase in individual or cumulative
occupational radiation exposure, (iii) there is no significant
construction impact, and (iv) there is no significant increase in the
potential for or consequences from radiological accidents. This
administrative change would not result in any of the effects listed in
10 CFR 51.22(c)(11). Consequently, an environmental assessment and
finding of no significant impact are not required.
Upon completing its review, the NRC staff determined that the
request complies with the standards and requirements of the Atomic
Energy Act of 1954, as amended (the Act), as well as the NRC's rules
and regulations. The Commission has made appropriate findings as
required by the Act and the Commission's rules and regulations in 10
CFR chapter I, that are set forth in the license amendment. The NRC
approved and issued Amendment No. 5 to License No. SNM-2514 for the
receipt, possession, transfer, and storage of spent fuel and associated
radioactive materials at the Humboldt Bay ISFSI (ADAMS Package
Accession No. ML22214A115). Pursuant to 10 CFR 72.46(d), the NRC is
providing notice of the action taken. Amendment No. 5 was effective as
of the date of issuance.
II. Exemption
Pursuant to 10 CFR 72.7, the Commission may, upon application by
any interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations of 10 CFR part 72 as it
determines are authorized by law and will not endanger life or property
or the common defense and security and are otherwise in the public
interest.
Under 10 CFR 72.44(d)(3), the licensee for an ISFSI is required to
submit an annual report to NRC specifying the quantities of
radionuclides released in gaseous and liquid and gaseous effluents
during the previous year. Among the license changes included in
Amendment No. 5 is a revision to technical specification 5.1.2 a.
stating that there are no radioactive gaseous or liquid effluents
released from the Humboldt Bay ISFSI during operation, a radioactive
effluent monitoring system is not required, routine monitoring for
effluents is not performed, and the licensee is exempted from the
reporting requirements of 10 CFR 72.44(d)(3). The staff determined that
this change required an exemption from 10 CFR 72.44(d)(3) and evaluated
the exemption in accordance with the requirements of 10 CFR 72.7.
Reproduced in this notice is the NRC's evaluation from the SER of the
exemption granted to PG&E for the Humboldt Bay ISFSI with minor edits.
Pursuant to 10 CFR 72.7, the Commission may, upon application by
any interested person or upon its own initiative, grant such exemptions
from the requirements of the regulations in 10 CFR part 72 as it
determines are authorized by law and will not endanger life or property
or the common defense and security and are otherwise in the public
interest. As discussed in section 3.1.2.4.1 of [the] SER, the staff
determined that revising Technical Specification 5.1.2.a to state that
the effluent reporting requirements of 10 CFR 72.44(d)(3) do not apply
to the Humboldt Bay ISFSI would require that NRC grant an exemption
from 72.44(d)(3). Therefore, the staff evaluated the exemption to
determine whether the granting of this exemption would meet the
criteria specified in 10 CFR 72.7.
Section 72.44(d)(3) of 10 CFR requires:
An annual report be submitted to the Commission in accordance with
10 CFR 72.4, specifying the quantity of each of the principal
radionuclides released to the environment in liquid and in gaseous
effluents during the previous 12 months of operation and such other
information as may be required by the Commission to estimate maximum
potential radiation dose commitment to the public resulting from
effluent releases. On the basis of this report and any additional
information that the Commission may obtain from the licensee or others,
the Commission may from time to time require the licensee to take such
action as the Commission deems appropriate. The report must be
submitted within 60 days after the end of the 12-month monitoring
period.
Authorized by Law
The Commission has the legal authority to issue exemptions from the
requirements of 10 CFR part 72 as provided in 10 CFR 72.7. The NRC
staff has determined that issuance of this exemption is consistent with
the Act, and not otherwise inconsistent with NRC regulations or other
applicable laws. Therefore, issuance of the exemption is authorized by
law.
Will Not Endanger Life or Property or the Common Defense and Security
Granting the exemption would relieve PG&E of the requirement to
submit annual radiological effluent monitoring reports for the Humboldt
Bay ISFSI. Under its current license and [updated final safety analysis
report], the Humboldt Bay ISFSI does not release effluents to the
environment and PG&E does not conduct effluent monitoring. Therefore,
there is no monitoring data to be submitted to the NRC in an annual
effluent monitoring report. The change does not alter or impede the
design, function, or operation of any ISFSI structure, system, or
component associated with the facility's security and, therefore, does
not affect any ISFSI equipment that is necessary to maintain a safe and
secure status. In addition, the change has no impact on ISFSI security
or safeguards. Not submitting an annual radiological effluent
monitoring report, therefore, will not endanger life or property or the
common defense and security.
Separate from the radiological effluent monitoring report required
under 10
[[Page 76518]]
CFR 72.44(d)(3), PG&E currently conducts thermoluminescent dosimeter
monitoring for the site and reports this monitoring data to the NRC in
an annual radiological environmental monitoring report. PG&E submits
these reports to demonstrate that it meets the requirements of 10 CFR
72.104, ``Criteria for radioactive materials in effluents and direct
radiation from an ISFSI or MRS.'' PG&E has recently submitted these
reports on March 8, 2022, February 18, 2021, March 5, 2020, March 14,
2019, and April 26, 2018. In issuing this exemption, the NRC is not
relieving PG&E of the requirements related to the thermoluminescent
dosimeter monitoring under 10 CFR 72.104.
Otherwise in the Public Interest
Granting the exemption would relieve PG&E of the requirement to
submit annual radiological effluent monitoring reports for the Humboldt
Bay ISFSI. Because the Humboldt Bay ISFSI emits no effluents and
conducts no effluent monitoring, submitting the annual effluent
monitoring report imposes an administrative burden without providing a
commensurate benefit to public health and safety or the environment.
Relieving PG&E of the annual effluent monitoring report requirement
would therefore be in the public interest because it would reduce the
administrative burden on PG&E in making the report to the NRC, which
would preserve NRC staff resources because NRC will no longer have to
receive, review, or inspect to the report that is not necessary for
this facility. The NRC finds that the relief given would not impact
public health and safety or the environment.
Accordingly, PG&E's proposed Technical Specification 5.1.2 a. is
further revised by the NRC staff the following to reflect the issued
exemption:
5.1.2 Radioactive Effluent Control Program
a. This program is established and maintained to implement the
requirements of 10 CFR 72.44(d) or 72.126, as appropriate. There are no
radioactive gaseous or liquid effluents released from the Humboldt Bay
ISFSI during operation. Therefore, a radioactive effluent monitoring
system is not required, routine monitoring for effluents is not
performed, and the licensee is exempted from the reporting requirements
under of 10 CFR 72.44(d)(3).
The NRC's environmental evaluation of the exemption from the SER is
reproduced as follows:
The exemption of the annual reporting requirements under 10 CFR
72.44(d)(3) to the Humboldt Bay ISFSI License No. SNM-2514 would not
significantly change the types or significantly increase the amounts of
any effluents that may be released offsite. In addition, the staff
determined that there is no significant increase in individual or
cumulative occupational radiation exposure. Further, the proposed
change does not involve construction of any kind, and therefore there
is no significant construction impact. The exemption does not involve
an increase in the potential for consequences from radiological
accidents and the total offsite doses remain below the 10 CFR 72.104
limits and are considered acceptable. Accordingly, the exemption meets
the eligibility criterion for categorical exclusion set forth in 10 CFR
51.22(c)(11) and, pursuant to 10 CFR 51.22(b), no environmental impact
statement or environmental assessment need be prepared in connection
with the exemption.
III. Conclusion
Using the reasons set forth in the safety evaluation, the staff
issued an exemption and granted the license amendment request on
October 11, 2022 (ADAMS Package Accession No. ML22214A115).
Dated: December 9, 2022.
For the Nuclear Regulatory Commission.
Bernard H. White,
Acting Chief, Storage and Transportation Licensing Branch, Division of
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-27093 Filed 12-13-22; 8:45 am]
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