80_FR_19767 80 FR 19697 - Dominion Energy Kewaunee, Inc.; Kewaunee Power Station

80 FR 19697 - Dominion Energy Kewaunee, Inc.; Kewaunee Power Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range19697-19701
FR Document2015-08395

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from the requirement to maintain a specified level of onsite property damage insurance in response to a request from Dominion Energy Kewaunee, Inc. (DEK or the licensee) dated March 20, 2014. This exemption would permit the licensee to reduce its onsite property damage insurance from $1.06 billion to $50 million.

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19697-19701]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08395]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305; NRC-2015-0089]


Dominion Energy Kewaunee, Inc.; Kewaunee Power Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from the requirement to maintain a specified level of onsite 
property damage insurance in response to a request from Dominion Energy 
Kewaunee, Inc. (DEK or the licensee) dated March 20, 2014. This 
exemption would permit the licensee to reduce its onsite property 
damage insurance from $1.06 billion to $50 million.

DATES: April 13, 2015.

[[Page 19698]]


ADDRESSES: Please refer to Docket ID NRC-2015-0089 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-2015-0089. 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 in this document 
(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: William Huffman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2046; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Kewaunee Power Station (KPS) facility is a decommissioning 
power reactor located on approximately 900 acres in Carlton (Kewaunee 
County), Wisconsin, which is 27 miles southeast of Green Bay, 
Wisconsin. The licensee, DEK, is the holder of KPS Renewed Facility 
Operating License No. DPR-43. The license provides, among other things, 
that the facility is subject to all rules, regulations, and orders of 
the NRC now or hereafter in effect.
    By letter dated February 25, 2013 (ADAMS Accession No. 
ML13058A065), DEK submitted a certification to the NRC indicating it 
would permanently cease power operations at KPS on May 7, 2013. On May 
7, 2013, DEK permanently shut down the KPS reactor. On May 14, 2013, 
DEK certified that it had permanently defueled the KPS reactor vessel 
(ADAMS Accession No. ML13135A209). As a permanently shutdown and 
defueled facility, and under Section 50.82(a)(2) of Title 10 of the 
Code of Federal Regulations (10 CFR), DEK is no longer authorized to 
operate the KPS reactor or emplace nuclear fuel into the reactor 
vessel. The licensee is still authorized to possess and store 
irradiated nuclear fuel. Irradiated fuel is currently being stored 
onsite in a spent fuel pool (SFP) and in independent spent fuel storage 
installation dry casks.

II. Request/Action

    Under 10 CFR 50.12, ``Specific exemptions,'' DEK has requested an 
exemption from 10 CFR 50.54(w)(1) by a letter dated March 20, 2014 
(ADAMS Accession No. ML14090A111). The exemption from the requirements 
of 10 CFR 50.54(w)(1) would permit DEK to reduce its onsite property 
damage insurance from $1.06 billion to $50 million.
    The regulation in 10 CFR 50.54(w)(1) requires each licensee to have 
and maintain onsite property damage insurance to stabilize and 
decontaminate the reactor and reactor site in the event of an accident. 
The onsite insurance coverage must be either $1.06 billion or whatever 
amount of insurance is generally available from private sources 
(whichever is less).
    The licensee states that the risk of an accident at a permanently 
shutdown and defueled reactor is much less than the risk from an 
operating power reactor. In addition, since reactor operation is no 
longer authorized at KPS, there are no events that would require the 
stabilization of reactor conditions after an accident. Similarly, the 
risk of an accident that that would result in significant onsite 
contamination at KPS is also much lower than the risk of such an event 
at operating reactors. Therefore, DEK is requesting an exemption from 
10 CFR 50.54(w)(1) to reduce its onsite property damage insurance from 
$1.06 billion to $50 million, commensurate with the reduced risk of an 
accident at the permanently shutdown and defueled KPS site.

III. Discussion

    Under 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) any of the 
special circumstances listed in 10 CFR 50.12(a)(2) are present.
    The financial protection limits of 10 CFR 50.54(w)(1) were 
established after the Three Mile Island accident out of concern that 
licensees may be unable to financially cover onsite cleanup costs in 
the event of a major nuclear accident. The specified $1.06 billion 
coverage amount requirement was developed based on an analysis of an 
accident at a nuclear reactor operating at power, resulting in a large 
fission product release and requiring significant resource expenditures 
to stabilize the reactor conditions and ultimately decontaminate and 
cleanup the site (similar to the stabilization and cleanup activities 
at the Fukushima Daiichi nuclear power facility following the damage 
from a severe earthquake and tsunami).
    These cost estimates were developed based on the spectrum of 
postulated accidents for an operating nuclear reactor. Those costs were 
derived from the consequences of a release of radioactive material from 
the reactor. Although the risk of an accident at an operating reactor 
is very low, the consequences can be large. In an operating plant, the 
high temperature and pressure of the reactor coolant system (RCS), as 
well as the inventory of relatively short-lived radionuclides, 
contribute to both the risk and consequences of an accident. With the 
permanent cessation of reactor operations at KPS and the permanent 
removal of the fuel from the reactor core, such accidents are no longer 
possible. As a result, the reactor, RCS, and supporting systems no 
longer operate and, therefore, have no function related to the storage 
of the irradiated fuel. Hence, postulated accidents involving failure 
or malfunction of the reactor, RCS, or supporting systems are no longer 
applicable.
    During reactor decommissioning, the principal radiological risks 
are associated with the storage of spent fuel onsite. In its March 20, 
2014, exemption request, DEK discusses both design-basis and beyond-
design-basis events involving irradiated fuel stored in the SFP. The 
licensee states that there are no possible design-basis events at KPS 
that could result in a radiological release exceeding the limits 
established by the U.S. Environmental Protection Agency's (EPA's) 
early-phase Protective Action Guidelines (PAGs) of 1 roentgen 
equivalent man at the exclusion area boundary. The only accident that 
might lead to a significant radiological release at a decommissioning 
reactor is a

[[Page 19699]]

zirconium fire. The zirconium fire scenario is a postulated, but highly 
unlikely, beyond-design-basis accident scenario that involves loss of 
all water inventory from the SFP, resulting in a significant heat-up of 
the spent fuel, and culminating in substantial zirconium cladding 
oxidation and fuel damage. The probability of a zirconium fire scenario 
is related to the decay heat of the irradiated fuel stored in the SFP. 
Therefore, the risks from a zirconium fire scenario continue to 
decrease as a function of the time that KPS has been permanently shut 
down.
    The licensee provided a detailed analysis of hypothetical beyond-
design-basis accidents that could result in a radiological release at 
KPS in its January 16, 2014, submittal to the NRC (ADAMS Accession No. 
ML14029A076). One of these beyond-design-basis accidents involves a 
complete loss of SFP water inventory, where cooling of the spent fuel 
would be primarily accomplished by natural circulation of air through 
the uncovered spent fuel assemblies. The licensee's analysis of this 
accident shows that by October 30, 2014, air-cooling of the spent fuel 
assemblies will be sufficient to keep the fuel within a safe 
temperature range indefinitely without fuel damage or radiological 
release. This is important, because the NRC staff has previously 
authorized a lesser amount of onsite property damage insurance coverage 
based on analysis of the zirconium fire risk. In SECY-96-256, ``Changes 
to Financial Protection Requirements for Permanently Shutdown Nuclear 
Power Reactors, 10 CFR 50.54(w)(1) and 10 CFR 140.11,'' dated December 
17, 1996 (ADAMS Accession No. ML15062A483), the staff recommended 
changes to the power reactor insurance regulations that would allow 
licensees to lower onsite insurance levels to $50 million upon 
demonstration that the fuel stored in the SFP can be air-cooled. In its 
Staff Requirements Memorandum to SECY-96-256, dated January 28, 1997 
(ADAMS Accession No. ML15062A454), the Commission supported the staff's 
recommendation that, among other things, would allow permanently 
shutdown power reactor licensees to reduce commercial onsite property 
damage insurance coverage to $50 million when the licensee was able to 
demonstrate the technical criterion that the spent fuel could be air-
cooled if the spent fuel pool was drained of water. The staff has used 
this technical criterion to grant similar exemptions to other 
decommissioning reactors (e.g., Maine Yankee Atomic Power Station, 
published in the Federal Register on January 19, 1999 (64 FR 2920); and 
Zion Nuclear Power Station, published in the Federal Register on 
December 28, 1999 (64 FR 72700)). These prior exemptions were based on 
these licensees demonstrating that the SFP could be air-cooled, 
consistent with the technical criterion discussed above.
    In SECY-00-0145, ``Integrated Rulemaking Plan for Nuclear Power 
Plant Decommissioning,'' dated June 28, 2000, and SECY-01-0100, 
``Policy Issues Related to Safeguards, Insurance, and Emergency 
Preparedness Regulations at Decommissioning Nuclear Power Plants 
Storing Fuel in the Spent Fuel Pools,'' dated June 4, 2001 (ADAMS 
Accession Nos. ML003721626 and ML011450420, respectively), the NRC 
staff discussed additional information concerning SFP zirconium fire 
risks at decommissioning reactors and associated implications for 
onsite property damage insurance. Providing an analysis of when the 
spent fuel stored in the SFP is capable of air-cooling is one measure 
that can be used to demonstrate that the probability of a zirconium 
fire is exceedingly low. However, the staff has more recently used an 
additional analysis that bounds an incomplete drain down of the SFP 
water, or some other catastrophic event (such as a complete drainage of 
the SFP with rearrangement of spent fuel rack geometry and/or the 
addition of rubble to the SFP). The analysis postulates that decay heat 
transfer from the spent fuel via conduction, convection, or radiation 
would be impeded. This analysis is often referred to as an adiabatic 
heatup.
    The licensee's analyses, as referenced in its March 20, 2014, 
exemption request, demonstrates that under conditions where the SFP 
water inventory has drained and only air-cooling of the stored 
irradiated fuel is available, there is reasonable assurance that after 
October 2014, the KPS spent fuel will remain at temperatures far below 
those associated with a significant radiological release. In addition, 
the licensee has also provided an adiabatic heatup analysis, 
demonstrating that as of October 21, 2014, there will be at least 10 
hours after the loss of all means of cooling (both air and/or water), 
before the spent fuel cladding would reach a temperature where the 
potential for a significant offsite radiological release could occur. 
The licensee states that should all means to cool the spent fuel be 
lost, 10 hours is sufficient time for personnel to respond with 
additional resources, equipment, and capability to restore cooling to 
the SFP, even after a non-credible, catastrophic event. As provided in 
DEK's letters dated August 23, 2013 (ADAMS Accession No. ML13242A019), 
and January 10, 2014 (ADAMS Accession No. ML14016A078), DEK furnished 
information concerning its makeup strategies, in the event of a loss of 
SFP coolant inventory. The multiple strategies for providing makeup to 
the SFP include: using existing plant systems for inventory makeup; 
supplying water through hoses to a spool piece connection to the 
existing SFP piping; or using a diesel-driven portable pump to take 
suction from Lake Michigan and provide makeup or spray to the SFP. 
These strategies will be maintained by a license condition. DEK states 
that the equipment needed to perform these actions are located onsite, 
and that the external makeup strategy (using a diesel driven portable 
pump) is capable of being deployed within 2 hours. DEK stated that, 
considering the very low-probability of beyond-design-basis accidents 
affecting the SFP, these diverse strategies provide defense-in-depth 
and time to mitigate and prevent a zirconium fire using makeup or spray 
to the SFP before the onset of zirconium cladding rapid oxidation.
    In the safety evaluation of the licensee's request for exemptions 
from certain emergency planning requirements dated October 27, 2014 
(ADAMS Accession No. ML14261A223), the NRC staff assessed the DEK 
accident analyses associated with the radiological risks from a 
zirconium fire at the permanently shutdown and defueled KPS site. The 
staff has confirmed that under conditions where cooling airflow can 
develop, suitably conservative calculations indicate that by the end of 
October 2014, the fuel will remain at temperatures where the cladding 
will be undamaged for an unlimited period. For the very unlikely 
beyond-design-basis accident scenario, where the SFP coolant inventory 
is lost in such a manner that all methods of heat removal from the 
spent fuel are no longer available, there will be a minimum of 10 hours 
from the initiation of the accident until the cladding reaches a 
temperature where offsite radiological release might occur. The staff 
finds that 10 hours is sufficient time to support deployment of 
mitigation equipment to prevent the zirconium cladding from reaching a 
point of rapid oxidation.
    The staff's basis as to why it considers $50 million to be an 
adequate level of onsite property damage insurance for a 
decommissioning reactor, once the spent fuel in the SFP is no longer 
susceptible to a zirconium fire, is provided in SECY-96-256. The staff 
has postulated that there is still a potential

[[Page 19700]]

for other radiological incidents at a decommissioning reactor that 
could result in significant onsite contamination besides a zirconium 
fire. In SECY-96-256, the NRC staff cited the rupture of a large 
contaminated liquid storage tank, causing soil contamination and 
potential groundwater contamination, as the most costly postulated 
event to decontaminate and remediate (other than a SFP zirconium fire). 
The postulated large liquid radwaste storage tank rupture event was 
determined to have a bounding onsite cleanup cost of approximately $50 
million.
    The NRC staff has determined that the licensee's proposed reduction 
in onsite property damage insurance coverage to a level of $50 million 
is consistent with SECY-96-256. In addition, the staff notes that there 
is a precedent of granting a similar exemption to other permanently 
shutdown and defueled power reactors. As previously stated, the staff 
concluded that as of October 30, 2014, sufficient irradiated fuel decay 
time has elapsed at KPS to decrease the probability of an onsite 
radiological release from a postulated zirconium fire accident to 
negligible levels. In addition, the licensee's proposal to reduce 
onsite insurance to a level of $50 million is consistent with the 
maximum estimated cleanup costs for the recovery from the rupture of a 
large liquid radwaste storage tank.

A. Authorized by Law

    Under 10 CFR 50.12, the Commission may grant exemptions from the 
regulations in 10 CFR part 50, as the Commission determines are 
authorized by law. The NRC staff has determined that granting of the 
licensee's proposed exemption will not result in a violation of the 
Atomic Energy Act of 1954, or other laws, as amended. Therefore, the 
exemption is authorized by law.

B. No Undue Risk to Public Health and Safety

    The onsite property damage insurance requirements of 10 CFR 
50.54(w)(1) were established to provide financial assurance that 
following a significant nuclear incident, onsite conditions could be 
stabilized and the site decontaminated. The requirements of 10 CFR 
50.54(w)(1) and the existing level of onsite insurance coverage for KPS 
are predicated on the assumption that the reactor is operating. 
However, KPS is a permanently shutdown and defueled facility. The 
permanently defueled status of the facility has resulted in a 
significant reduction in the number and severity of potential 
accidents, and correspondingly, a significant reduction in the 
potential for and severity of onsite property damage. The proposed 
reduction in the amount of onsite insurance coverage does not impact 
the probability or consequences of potential accidents. The proposed 
level of insurance coverage is commensurate with the reduced risk and 
reduced cost consequences of potential nuclear accidents at KPS. 
Therefore, the NRC staff concludes that granting the requested 
exemption will not present an undue risk to the health and safety of 
the public.

C. Consistent With the Common Defense and Security

    The proposed exemption would not eliminate any requirements 
associated with physical protection of the site and would not adversely 
affect DEK's ability to physically secure the site or protect special 
nuclear material. Physical security measures at KPS are not affected by 
the requested exemption. Therefore, the proposed exemption is 
consistent with the common defense and security.

D. Special Circumstances

    Under 10 CFR 50.12(a)(2)(ii), special circumstances are present if 
the application 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. The underlying purpose of 
10 CFR 50.54(w)(1) is to provide reasonable assurance that adequate 
funds will be available to stabilize conditions and cover onsite 
cleanup costs associated with site decontamination, following an 
accident that results in the release of a significant amount of 
radiological material. Because KPS is permanently shut down and 
defueled, it is no longer possible for the radiological consequences of 
design-basis accidents or other credible events at KPS to exceed the 
limits of the EPA PAGs at the exclusion area boundary. The licensee has 
performed site-specific analyses of highly unlikely, beyond-design-
basis zirconium fire accidents involving the stored irradiated fuel in 
the SFP. The analyses show that after October 30, 2014, the 
probabilities of such an accident are minimal. The NRC staff's 
evaluation of the licensee's analyses confirm this conclusion.
    The NRC staff also finds that the licensee's proposed $50 million 
level of onsite insurance is consistent with the bounding cleanup and 
decontamination cost, as discussed in SECY-96-256, to account for 
hypothetical rupture of a large liquid radwaste tank at the KPS site, 
should such an event occur. The staff notes that KPS's technical 
specifications provide controls for unprotected outdoor liquid storage 
tanks to limit the quantity of radioactivity contained in these tanks, 
in the event of an uncontrolled release of the contents of these tanks. 
Therefore, the staff concludes that the application of the current 
requirements in 10 CFR 50.54(w)(1) to maintain $1.06 billion in onsite 
insurance coverage is not necessary to achieve the underlying purpose 
of the rule for the permanently shutdown and defueled KPS reactor.
    Under 10 CFR 50.12(a)(2)(iii), special circumstances are present 
whenever compliance would result in undue hardship or other costs that 
are significantly in excess of those contemplated when the regulation 
was adopted, or that are significantly in excess of those incurred by 
others similarly situated.
    The NRC staff concludes that if the licensee was required to 
continue to maintain an onsite insurance level of $1.06 billion, the 
associated insurance premiums would be in excess of those necessary and 
commensurate with the radiological contamination risks posed by the 
site. In addition, such insurance levels would be significantly in 
excess of other decommissioning reactor facilities that have been 
granted similar exemptions by the NRC.
    The NRC staff finds that compliance with the existing rule would 
result in an undue hardship or other costs that are significantly in 
excess of those contemplated when the regulation was adopted and are 
significantly in excess of those incurred by others similarly situated.
    Therefore, the special circumstances required by 10 CFR 
50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(iii) exist.

E. Environmental Considerations

    The NRC approval of the exemption to insurance or indemnity 
requirements belongs to a category of actions that the Commission, by 
rule or regulation, has declared to be a categorical exclusion, after 
first finding that the category of actions does not individually or 
cumulatively have a significant effect on the human environment. 
Specifically, the exemption is categorically excluded from further 
analysis under Sec.  51.22(c)(25).
    Under 10 CFR 51.22(c)(25), granting of an exemption from the 
requirements of any regulation of Chapter I to 10 CFR is a categorical 
exclusion provided that (i) there is no significant hazards 
consideration; (ii) there is no significant change in the types or 
significant increase in the amounts of any effluents that may be 
released offsite; (iii) there is

[[Page 19701]]

no significant increase in individual or cumulative public or 
occupational radiation exposure; (iv) there is no significant 
construction impact; (v) there is no significant increase in the 
potential for or consequences from radiological accidents; and (vi) the 
requirements from which an exemption is sought involve: Surety, 
insurance, or indemnity requirements
    The Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation, has determined that approval of the 
exemption request involves no significant hazards consideration because 
reducing the licensee's onsite property damage insurance for KPS does 
not (1) involve a significant increase in the probability or 
consequences of an accident previously evaluated; or (2) create the 
possibility of a new or different kind of accident from any accident 
previously evaluated; or (3) involve a significant reduction in a 
margin of safety. The exempted financial protection regulation is 
unrelated to the operation of KPS. Accordingly, there is no significant 
change in the types or significant increase in the amounts of any 
effluents that may be released offsite; and no significant increase in 
individual or cumulative public or occupational radiation exposure. The 
exempted regulation is not associated with construction, so there is no 
significant construction impact. The exempted regulation does not 
concern the source term (i.e., potential amount of radiation in an 
accident), nor mitigation. Therefore, there is no significant increase 
in the potential for, or consequences of, a radiological accident. In 
addition, there would be no significant impacts to biota, water 
resources, historic properties, cultural resources, or socioeconomic 
conditions in the region. The requirement for onsite property damage 
insurance may be viewed as involving surety, insurance, or indemnity 
matters.
    Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the approval of this exemption request.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), the exemption is authorized by law, will not present an undue 
risk to the public health and safety, and is consistent with the common 
defense and security. Also, special circumstances are present. 
Therefore, the Commission hereby grants DEK an exemption from the 
requirements of 10 CFR 50.54(w)(1), to permit the licensee to reduce 
its onsite property damage insurance to a level of $50 million.
    The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 3rd day of April, 2015.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2015-08395 Filed 4-10-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices                                                  19697

                                                     Part of the justification for granting                  C. the exemption is consistent with                hazards consideration determination,
                                                  the exemption was provided by the                       the common defense and security;                      and opportunity for a hearing in
                                                  review of the amendment. Because the                       D. special circumstances are present               connection with these actions, was
                                                  exemption is necessary in order to issue                in that the application of the rule in this           published in the Federal Register on
                                                  the requested license amendment, the                    circumstance is not necessary to serve                August 5, 2014 (79 FR 45480). The
                                                  NRC granted the exemption and issued                    the underlying purpose of the rule;                   August 28, September 19, November 6
                                                  the amendment concurrently, rather                         E. the special circumstances outweigh              and December 23, 2014 licensee
                                                  than in sequence. This included issuing                 any decrease in safety that may result                supplements had no effect on the no
                                                  a combined safety evaluation containing                 from the reduction in standardization                 significant hazards consideration
                                                  the NRC staff’s review of both the                      caused by the exemption; and                          determination, and no comments were
                                                  exemption request and the license                          F. the exemption will not result in a              received during the 60-day comment
                                                  amendment. The exemption met all                        significant decrease in the level of safety           period.
                                                  applicable regulatory criteria set forth in             otherwise provided by the design.                       The Commission has determined that
                                                  10 CFR 50.12, 10 CFR 52.7, and Section                     2. Accordingly, the licensee is granted            these amendments satisfy the criteria for
                                                  VIII.A.4 of Appendix D to 10 CFR part                   an exemption to the provisions of 10                  categorical exclusion in accordance
                                                  52. The license amendment was found                     CFR part 52, Appendix D, Table 3.3–1,                 with 10 CFR 51.22. Therefore, pursuant
                                                  to be acceptable as well. The combined                  ‘‘Definition of Wall Thicknesses for                  to 10 CFR 51.22(b), no environmental
                                                  safety evaluation is available in ADAMS                 Nuclear Island Buildings, Turbine                     impact statement or environmental
                                                  under Accession No. ML15005A265.                        Building, and Annex Building’’ and                    assessment need be prepared for these
                                                     Identical exemption documents                        Table 3.3–7, ‘‘Nuclear Island Critical                amendments.
                                                  (except for referenced unit numbers and                 Structural Sections’’ as described in the
                                                                                                          licensee’s request dated July 3, 2014 and             IV. Conclusion
                                                  license numbers) were issued to the
                                                  licensee for VEGP Units 3 and 4 (COLs                   supplemented by the letters dated                        Using the reasons set forth in the
                                                  NPF–91 and NPF–92). The exemption                       August 28, September 19, November 6,                  combined safety evaluation, the staff
                                                  documents for VEGP Units 3 and 4 can                    and December 23, 2014. This exemption                 granted the exemption and issued the
                                                  be found in ADAMS under Accession                       is related to, and necessary for the                  amendment that the licensee requested
                                                  Nos. ML15005A222 and ML15005A224,                       granting of License Amendment No. 29,                 on July 3, 2014, as supplemented by
                                                  respectively. The exemption is                          which is being issued concurrently with               letters dated August 28, September 19,
                                                  reproduced (with the exception of                       this exemption.                                       November 6 and December 23, 2014.
                                                                                                             3. As explained in Section 5.0,                    The exemption and amendment were
                                                  abbreviated titles and additional
                                                                                                          ‘‘Environmental Consideration,’’ of the               issued on January 13, 2015 as part of a
                                                  citations) in Section II of this document.
                                                                                                          NRC staff’s Safety Evaluation (ADAMS                  combined package to the licensee
                                                  The amendment documents for COLs
                                                                                                          Accession No. ML15005A265), this                      (ADAMS Accession No. ML15005A210).
                                                  NPF–91 and NPF–92 are available in
                                                                                                          exemption meets the eligibility criteria
                                                  ADAMS under Accession Nos.
                                                                                                          for categorical exclusion set forth in 10
                                                  ML15005A246 and ML15005A256,                                                                                     Dated at Rockville, Maryland, this 2nd day
                                                                                                          CFR 51.22(c)(9). Therefore, pursuant to
                                                  respectively. A summary of the                                                                                of April 2015.
                                                                                                          10 CFR 51.22(b), no environmental
                                                  amendment documents is provided in                                                                               For the Nuclear Regulatory Commission.
                                                                                                          impact statement or environmental
                                                  Section III of this document.                                                                                 Chandu Patel,
                                                                                                          assessment needs to be prepared in
                                                  II. Exemption                                           connection with the issuance of the                   Acting Chief, Licensing Branch 4, Division
                                                                                                          exemption.                                            of New Reactor Licensing, Office of New
                                                     Reproduced below is the exemption                                                                          Reactors.
                                                                                                             4. This exemption is effective as of
                                                  document issued to Vogtle Units 3 and                                                                         [FR Doc. 2015–08411 Filed 4–10–15; 8:45 am]
                                                                                                          January 13, 2015.
                                                  Unit 4. It makes reference to the                                                                             BILLING CODE 7590–01–P
                                                  combined safety evaluation that                         III. License Amendment Request
                                                  provides the reasoning for the findings                    By letter dated July 3, 2014, and
                                                  made by the NRC (and listed under Item                  supplemented by letters dated August                  NUCLEAR REGULATORY
                                                  1) in order to grant the exemption:                     28, September 19, November 6, and                     COMMISSION
                                                     1. In a letter dated July 3, 2014, and               December 23, 2014, the licensee
                                                  supplemented by letters dated August                                                                          [Docket No. 50–305; NRC–2015–0089]
                                                                                                          requested that the NRC amend the COLs
                                                  28, September 19, November 6, and                       for VEGP, Units 3 and 4, COLs NPF–91                  Dominion Energy Kewaunee, Inc.;
                                                  December 23, 2014, the licensee                         and NPF–92. The proposed amendment                    Kewaunee Power Station
                                                  requested from the Commission an                        is described in Section I of this Federal
                                                  exemption from the provisions of 10                     Register Notice.                                      AGENCY:  Nuclear Regulatory
                                                  CFR part 52, Appendix D, Section III.B,                    The Commission has determined for                  Commission.
                                                  as part of license amendment request                    these amendments that the application                 ACTION: Exemption; issuance.
                                                  14–001, ‘‘Containment Internal                          complies with the standards and
                                                  Structural Module Design Details (LAR–                  requirements of the Atomic Energy Act                 SUMMARY:   The U.S. Nuclear Regulatory
                                                  14–001).’’                                              of 1954, as amended (the Act), and the                Commission (NRC) is issuing an
                                                     For the reasons set forth in Section                 Commission’s rules and regulations.                   exemption from the requirement to
                                                  3.1, ‘‘Evaluation of Exemption,’’ of the                The Commission has made appropriate                   maintain a specified level of onsite
                                                  NRC staff’s Safety Evaluation, which                                                                          property damage insurance in response
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                                                                                                          findings as required by the Act and the
                                                  can be found in ADAMS under                             Commission’s rules and regulations in                 to a request from Dominion Energy
                                                  Accession No. ML15005A265, the                          10 CFR Chapter I, which are set forth in              Kewaunee, Inc. (DEK or the licensee)
                                                  Commission finds that:                                  the license amendment.                                dated March 20, 2014. This exemption
                                                     A. the exemption is authorized by                       A notice of consideration of issuance              would permit the licensee to reduce its
                                                  law;                                                    of amendment to facility operating                    onsite property damage insurance from
                                                     B. the exemption presents no undue                   license or combined license, as                       $1.06 billion to $50 million.
                                                  risk to public health and safety;                       applicable, proposed no significant                   DATES: April 13, 2015.



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                                                  19698                          Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices

                                                  ADDRESSES:   Please refer to Docket ID                  permanently shut down the KPS reactor.                and are consistent with the common
                                                  NRC–2015–0089 when contacting the                       On May 14, 2013, DEK certified that it                defense and security; and (2) any of the
                                                  NRC about the availability of                           had permanently defueled the KPS                      special circumstances listed in 10 CFR
                                                  information regarding this document.                    reactor vessel (ADAMS Accession No.                   50.12(a)(2) are present.
                                                  You may obtain publicly-available                       ML13135A209). As a permanently                           The financial protection limits of 10
                                                  information related to this document                    shutdown and defueled facility, and                   CFR 50.54(w)(1) were established after
                                                  using any of the following methods:                     under Section 50.82(a)(2) of Title 10 of              the Three Mile Island accident out of
                                                     • Federal Rulemaking Web site: Go to                 the Code of Federal Regulations (10                   concern that licensees may be unable to
                                                  http://www.regulations.gov and search                   CFR), DEK is no longer authorized to                  financially cover onsite cleanup costs in
                                                  for Docket ID NRC–2015–0089. Address                    operate the KPS reactor or emplace                    the event of a major nuclear accident.
                                                  questions about NRC dockets to Carol                    nuclear fuel into the reactor vessel. The             The specified $1.06 billion coverage
                                                  Gallagher; telephone: 301–415–3463;                     licensee is still authorized to possess               amount requirement was developed
                                                  email: Carol.Gallagher@nrc.gov. For                     and store irradiated nuclear fuel.                    based on an analysis of an accident at
                                                  technical questions, contact the                        Irradiated fuel is currently being stored             a nuclear reactor operating at power,
                                                  individual listed in the FOR FURTHER                    onsite in a spent fuel pool (SFP) and in              resulting in a large fission product
                                                  INFORMATION CONTACT section of this                     independent spent fuel storage                        release and requiring significant
                                                  document.                                               installation dry casks.                               resource expenditures to stabilize the
                                                     • NRC’s Agencywide Documents                         II. Request/Action
                                                                                                                                                                reactor conditions and ultimately
                                                  Access and Management System                                                                                  decontaminate and cleanup the site
                                                  (ADAMS): You may obtain publicly-                          Under 10 CFR 50.12, ‘‘Specific                     (similar to the stabilization and cleanup
                                                  available documents online in the                       exemptions,’’ DEK has requested an                    activities at the Fukushima Daiichi
                                                  ADAMS Public Documents collection at                    exemption from 10 CFR 50.54(w)(1) by                  nuclear power facility following the
                                                  http://www.nrc.gov/reading-rm/                          a letter dated March 20, 2014 (ADAMS                  damage from a severe earthquake and
                                                  adams.html. To begin the search, select                 Accession No. ML14090A111). The                       tsunami).
                                                  ‘‘ADAMS Public Documents’’ and then                     exemption from the requirements of 10                    These cost estimates were developed
                                                  select ‘‘Begin Web-based ADAMS                          CFR 50.54(w)(1) would permit DEK to                   based on the spectrum of postulated
                                                  Search.’’ For problems with ADAMS,                      reduce its onsite property damage                     accidents for an operating nuclear
                                                  please contact the NRC’s Public                         insurance from $1.06 billion to $50                   reactor. Those costs were derived from
                                                  Document Room (PDR) reference staff at                  million.                                              the consequences of a release of
                                                                                                             The regulation in 10 CFR 50.54(w)(1)               radioactive material from the reactor.
                                                  1–800–397–4209, 301–415–4737, or by
                                                                                                          requires each licensee to have and                    Although the risk of an accident at an
                                                  email to pdr.resource@nrc.gov. The
                                                                                                          maintain onsite property damage                       operating reactor is very low, the
                                                  ADAMS accession number for each
                                                                                                          insurance to stabilize and                            consequences can be large. In an
                                                  document referenced in this document
                                                                                                          decontaminate the reactor and reactor                 operating plant, the high temperature
                                                  (if that document is available in
                                                                                                          site in the event of an accident. The                 and pressure of the reactor coolant
                                                  ADAMS) is provided the first time that
                                                                                                          onsite insurance coverage must be either              system (RCS), as well as the inventory
                                                  a document is referenced.
                                                                                                          $1.06 billion or whatever amount of                   of relatively short-lived radionuclides,
                                                     • NRC’s PDR: You may examine and
                                                                                                          insurance is generally available from                 contribute to both the risk and
                                                  purchase copies of public documents at
                                                                                                          private sources (whichever is less).                  consequences of an accident. With the
                                                  the NRC’s PDR, Room O1–F21, One
                                                                                                             The licensee states that the risk of an            permanent cessation of reactor
                                                  White Flint North, 11555 Rockville
                                                                                                          accident at a permanently shutdown                    operations at KPS and the permanent
                                                  Pike, Rockville, Maryland 20852.
                                                                                                          and defueled reactor is much less than                removal of the fuel from the reactor
                                                  FOR FURTHER INFORMATION CONTACT:                        the risk from an operating power                      core, such accidents are no longer
                                                  William Huffman, Office of Nuclear                      reactor. In addition, since reactor                   possible. As a result, the reactor, RCS,
                                                  Reactor Regulation, U.S. Nuclear                        operation is no longer authorized at                  and supporting systems no longer
                                                  Regulatory Commission, Washington DC                    KPS, there are no events that would                   operate and, therefore, have no function
                                                  20555–0001; telephone: 301–415–2046;                    require the stabilization of reactor                  related to the storage of the irradiated
                                                  email: William.Huffman@nrc.gov.                         conditions after an accident. Similarly,              fuel. Hence, postulated accidents
                                                  SUPPLEMENTARY INFORMATION:                              the risk of an accident that that would               involving failure or malfunction of the
                                                                                                          result in significant onsite                          reactor, RCS, or supporting systems are
                                                  I. Background
                                                                                                          contamination at KPS is also much                     no longer applicable.
                                                     The Kewaunee Power Station (KPS)                     lower than the risk of such an event at                  During reactor decommissioning, the
                                                  facility is a decommissioning power                     operating reactors. Therefore, DEK is                 principal radiological risks are
                                                  reactor located on approximately 900                    requesting an exemption from 10 CFR                   associated with the storage of spent fuel
                                                  acres in Carlton (Kewaunee County),                     50.54(w)(1) to reduce its onsite property             onsite. In its March 20, 2014, exemption
                                                  Wisconsin, which is 27 miles southeast                  damage insurance from $1.06 billion to                request, DEK discusses both design-
                                                  of Green Bay, Wisconsin. The licensee,                  $50 million, commensurate with the                    basis and beyond-design-basis events
                                                  DEK, is the holder of KPS Renewed                       reduced risk of an accident at the                    involving irradiated fuel stored in the
                                                  Facility Operating License No. DPR–43.                  permanently shutdown and defueled                     SFP. The licensee states that there are
                                                  The license provides, among other                       KPS site.                                             no possible design-basis events at KPS
                                                  things, that the facility is subject to all                                                                   that could result in a radiological
                                                                                                          III. Discussion
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                                                  rules, regulations, and orders of the NRC                                                                     release exceeding the limits established
                                                  now or hereafter in effect.                                Under 10 CFR 50.12, the Commission                 by the U.S. Environmental Protection
                                                     By letter dated February 25, 2013                    may, upon application by any interested               Agency’s (EPA’s) early-phase Protective
                                                  (ADAMS Accession No. ML13058A065),                      person or upon its own initiative, grant              Action Guidelines (PAGs) of 1 roentgen
                                                  DEK submitted a certification to the                    exemptions from the requirements of 10                equivalent man at the exclusion area
                                                  NRC indicating it would permanently                     CFR part 50 when (1) the exemptions                   boundary. The only accident that might
                                                  cease power operations at KPS on May                    are authorized by law, will not present               lead to a significant radiological release
                                                  7, 2013. On May 7, 2013, DEK                            an undue risk to public health or safety,             at a decommissioning reactor is a


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                                                                                 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices                                             19699

                                                  zirconium fire. The zirconium fire                      January 19, 1999 (64 FR 2920); and Zion               23, 2013 (ADAMS Accession No.
                                                  scenario is a postulated, but highly                    Nuclear Power Station, published in the               ML13242A019), and January 10, 2014
                                                  unlikely, beyond-design-basis accident                  Federal Register on December 28, 1999                 (ADAMS Accession No. ML14016A078),
                                                  scenario that involves loss of all water                (64 FR 72700)). These prior exemptions                DEK furnished information concerning
                                                  inventory from the SFP, resulting in a                  were based on these licensees                         its makeup strategies, in the event of a
                                                  significant heat-up of the spent fuel, and              demonstrating that the SFP could be air-              loss of SFP coolant inventory. The
                                                  culminating in substantial zirconium                    cooled, consistent with the technical                 multiple strategies for providing
                                                  cladding oxidation and fuel damage.                     criterion discussed above.                            makeup to the SFP include: using
                                                  The probability of a zirconium fire                        In SECY–00–0145, ‘‘Integrated                      existing plant systems for inventory
                                                  scenario is related to the decay heat of                Rulemaking Plan for Nuclear Power                     makeup; supplying water through hoses
                                                  the irradiated fuel stored in the SFP.                  Plant Decommissioning,’’ dated June 28,               to a spool piece connection to the
                                                  Therefore, the risks from a zirconium                   2000, and SECY–01–0100, ‘‘Policy                      existing SFP piping; or using a diesel-
                                                  fire scenario continue to decrease as a                 Issues Related to Safeguards, Insurance,              driven portable pump to take suction
                                                  function of the time that KPS has been                  and Emergency Preparedness                            from Lake Michigan and provide
                                                  permanently shut down.                                  Regulations at Decommissioning                        makeup or spray to the SFP. These
                                                     The licensee provided a detailed                     Nuclear Power Plants Storing Fuel in                  strategies will be maintained by a
                                                  analysis of hypothetical beyond-design-                 the Spent Fuel Pools,’’ dated June 4,                 license condition. DEK states that the
                                                  basis accidents that could result in a                  2001 (ADAMS Accession Nos.                            equipment needed to perform these
                                                                                                          ML003721626 and ML011450420,                          actions are located onsite, and that the
                                                  radiological release at KPS in its January
                                                                                                          respectively), the NRC staff discussed                external makeup strategy (using a diesel
                                                  16, 2014, submittal to the NRC (ADAMS
                                                                                                          additional information concerning SFP                 driven portable pump) is capable of
                                                  Accession No. ML14029A076). One of
                                                                                                          zirconium fire risks at decommissioning               being deployed within 2 hours. DEK
                                                  these beyond-design-basis accidents
                                                                                                          reactors and associated implications for              stated that, considering the very low-
                                                  involves a complete loss of SFP water
                                                                                                          onsite property damage insurance.                     probability of beyond-design-basis
                                                  inventory, where cooling of the spent
                                                                                                          Providing an analysis of when the spent               accidents affecting the SFP, these
                                                  fuel would be primarily accomplished
                                                                                                          fuel stored in the SFP is capable of air-             diverse strategies provide defense-in-
                                                  by natural circulation of air through the
                                                                                                          cooling is one measure that can be used               depth and time to mitigate and prevent
                                                  uncovered spent fuel assemblies. The
                                                                                                          to demonstrate that the probability of a              a zirconium fire using makeup or spray
                                                  licensee’s analysis of this accident                    zirconium fire is exceedingly low.                    to the SFP before the onset of zirconium
                                                  shows that by October 30, 2014, air-                    However, the staff has more recently                  cladding rapid oxidation.
                                                  cooling of the spent fuel assemblies will               used an additional analysis that bounds                  In the safety evaluation of the
                                                  be sufficient to keep the fuel within a                 an incomplete drain down of the SFP                   licensee’s request for exemptions from
                                                  safe temperature range indefinitely                     water, or some other catastrophic event               certain emergency planning
                                                  without fuel damage or radiological                     (such as a complete drainage of the SFP               requirements dated October 27, 2014
                                                  release. This is important, because the                 with rearrangement of spent fuel rack                 (ADAMS Accession No. ML14261A223),
                                                  NRC staff has previously authorized a                   geometry and/or the addition of rubble                the NRC staff assessed the DEK accident
                                                  lesser amount of onsite property damage                 to the SFP). The analysis postulates that             analyses associated with the
                                                  insurance coverage based on analysis of                 decay heat transfer from the spent fuel               radiological risks from a zirconium fire
                                                  the zirconium fire risk. In SECY–96–                    via conduction, convection, or radiation              at the permanently shutdown and
                                                  256, ‘‘Changes to Financial Protection                  would be impeded. This analysis is                    defueled KPS site. The staff has
                                                  Requirements for Permanently                            often referred to as an adiabatic heatup.             confirmed that under conditions where
                                                  Shutdown Nuclear Power Reactors, 10                        The licensee’s analyses, as referenced             cooling airflow can develop, suitably
                                                  CFR 50.54(w)(1) and 10 CFR 140.11,’’                    in its March 20, 2014, exemption                      conservative calculations indicate that
                                                  dated December 17, 1996 (ADAMS                          request, demonstrates that under                      by the end of October 2014, the fuel will
                                                  Accession No. ML15062A483), the staff                   conditions where the SFP water                        remain at temperatures where the
                                                  recommended changes to the power                        inventory has drained and only air-                   cladding will be undamaged for an
                                                  reactor insurance regulations that would                cooling of the stored irradiated fuel is              unlimited period. For the very unlikely
                                                  allow licensees to lower onsite                         available, there is reasonable assurance              beyond-design-basis accident scenario,
                                                  insurance levels to $50 million upon                    that after October 2014, the KPS spent                where the SFP coolant inventory is lost
                                                  demonstration that the fuel stored in the               fuel will remain at temperatures far                  in such a manner that all methods of
                                                  SFP can be air-cooled. In its Staff                     below those associated with a                         heat removal from the spent fuel are no
                                                  Requirements Memorandum to SECY–                        significant radiological release. In                  longer available, there will be a
                                                  96–256, dated January 28, 1997                          addition, the licensee has also provided              minimum of 10 hours from the
                                                  (ADAMS Accession No. ML15062A454),                      an adiabatic heatup analysis,                         initiation of the accident until the
                                                  the Commission supported the staff’s                    demonstrating that as of October 21,                  cladding reaches a temperature where
                                                  recommendation that, among other                        2014, there will be at least 10 hours after           offsite radiological release might occur.
                                                  things, would allow permanently                         the loss of all means of cooling (both air            The staff finds that 10 hours is sufficient
                                                  shutdown power reactor licensees to                     and/or water), before the spent fuel                  time to support deployment of
                                                  reduce commercial onsite property                       cladding would reach a temperature                    mitigation equipment to prevent the
                                                  damage insurance coverage to $50                        where the potential for a significant                 zirconium cladding from reaching a
                                                  million when the licensee was able to                   offsite radiological release could occur.             point of rapid oxidation.
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                                                  demonstrate the technical criterion that                The licensee states that should all                      The staff’s basis as to why it considers
                                                  the spent fuel could be air-cooled if the               means to cool the spent fuel be lost, 10              $50 million to be an adequate level of
                                                  spent fuel pool was drained of water.                   hours is sufficient time for personnel to             onsite property damage insurance for a
                                                  The staff has used this technical                       respond with additional resources,                    decommissioning reactor, once the
                                                  criterion to grant similar exemptions to                equipment, and capability to restore                  spent fuel in the SFP is no longer
                                                  other decommissioning reactors (e.g.,                   cooling to the SFP, even after a non-                 susceptible to a zirconium fire, is
                                                  Maine Yankee Atomic Power Station,                      credible, catastrophic event. As                      provided in SECY–96–256. The staff has
                                                  published in the Federal Register on                    provided in DEK’s letters dated August                postulated that there is still a potential


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                                                  19700                          Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices

                                                  for other radiological incidents at a                   in the potential for and severity of                  staff notes that KPS’s technical
                                                  decommissioning reactor that could                      onsite property damage. The proposed                  specifications provide controls for
                                                  result in significant onsite                            reduction in the amount of onsite                     unprotected outdoor liquid storage
                                                  contamination besides a zirconium fire.                 insurance coverage does not impact the                tanks to limit the quantity of
                                                  In SECY–96–256, the NRC staff cited the                 probability or consequences of potential              radioactivity contained in these tanks,
                                                  rupture of a large contaminated liquid                  accidents. The proposed level of                      in the event of an uncontrolled release
                                                  storage tank, causing soil contamination                insurance coverage is commensurate                    of the contents of these tanks. Therefore,
                                                  and potential groundwater                               with the reduced risk and reduced cost                the staff concludes that the application
                                                  contamination, as the most costly                       consequences of potential nuclear                     of the current requirements in 10 CFR
                                                  postulated event to decontaminate and                   accidents at KPS. Therefore, the NRC                  50.54(w)(1) to maintain $1.06 billion in
                                                  remediate (other than a SFP zirconium                   staff concludes that granting the                     onsite insurance coverage is not
                                                  fire). The postulated large liquid                      requested exemption will not present an               necessary to achieve the underlying
                                                  radwaste storage tank rupture event was                 undue risk to the health and safety of                purpose of the rule for the permanently
                                                  determined to have a bounding onsite                    the public.                                           shutdown and defueled KPS reactor.
                                                  cleanup cost of approximately $50                                                                                Under 10 CFR 50.12(a)(2)(iii), special
                                                                                                          C. Consistent With the Common Defense                 circumstances are present whenever
                                                  million.
                                                     The NRC staff has determined that the                and Security                                          compliance would result in undue
                                                  licensee’s proposed reduction in onsite                    The proposed exemption would not                   hardship or other costs that are
                                                  property damage insurance coverage to                   eliminate any requirements associated                 significantly in excess of those
                                                  a level of $50 million is consistent with               with physical protection of the site and              contemplated when the regulation was
                                                  SECY–96–256. In addition, the staff                     would not adversely affect DEK’s ability              adopted, or that are significantly in
                                                  notes that there is a precedent of                      to physically secure the site or protect              excess of those incurred by others
                                                  granting a similar exemption to other                   special nuclear material. Physical                    similarly situated.
                                                  permanently shutdown and defueled                       security measures at KPS are not                         The NRC staff concludes that if the
                                                  power reactors. As previously stated,                   affected by the requested exemption.                  licensee was required to continue to
                                                  the staff concluded that as of October                  Therefore, the proposed exemption is                  maintain an onsite insurance level of
                                                  30, 2014, sufficient irradiated fuel decay              consistent with the common defense                    $1.06 billion, the associated insurance
                                                  time has elapsed at KPS to decrease the                 and security.                                         premiums would be in excess of those
                                                  probability of an onsite radiological                   D. Special Circumstances                              necessary and commensurate with the
                                                  release from a postulated zirconium fire                                                                      radiological contamination risks posed
                                                  accident to negligible levels. In                          Under 10 CFR 50.12(a)(2)(ii), special              by the site. In addition, such insurance
                                                  addition, the licensee’s proposal to                    circumstances are present if the                      levels would be significantly in excess
                                                  reduce onsite insurance to a level of $50               application of the regulation in the                  of other decommissioning reactor
                                                  million is consistent with the maximum                  particular circumstances would not                    facilities that have been granted similar
                                                  estimated cleanup costs for the recovery                serve the underlying purpose of the rule              exemptions by the NRC.
                                                  from the rupture of a large liquid                      or is not necessary to achieve the                       The NRC staff finds that compliance
                                                  radwaste storage tank.                                  underlying purpose of the rule. The                   with the existing rule would result in an
                                                                                                          underlying purpose of 10 CFR                          undue hardship or other costs that are
                                                  A. Authorized by Law                                    50.54(w)(1) is to provide reasonable                  significantly in excess of those
                                                    Under 10 CFR 50.12, the Commission                    assurance that adequate funds will be                 contemplated when the regulation was
                                                  may grant exemptions from the                           available to stabilize conditions and                 adopted and are significantly in excess
                                                  regulations in 10 CFR part 50, as the                   cover onsite cleanup costs associated                 of those incurred by others similarly
                                                  Commission determines are authorized                    with site decontamination, following an               situated.
                                                  by law. The NRC staff has determined                    accident that results in the release of a                Therefore, the special circumstances
                                                  that granting of the licensee’s proposed                significant amount of radiological                    required by 10 CFR 50.12(a)(2)(ii) and
                                                  exemption will not result in a violation                material. Because KPS is permanently                  10 CFR 50.12(a)(2)(iii) exist.
                                                  of the Atomic Energy Act of 1954, or                    shut down and defueled, it is no longer
                                                  other laws, as amended. Therefore, the                  possible for the radiological                         E. Environmental Considerations
                                                  exemption is authorized by law.                         consequences of design-basis accidents                   The NRC approval of the exemption
                                                                                                          or other credible events at KPS to                    to insurance or indemnity requirements
                                                  B. No Undue Risk to Public Health and                   exceed the limits of the EPA PAGs at the              belongs to a category of actions that the
                                                  Safety                                                  exclusion area boundary. The licensee                 Commission, by rule or regulation, has
                                                    The onsite property damage insurance                  has performed site-specific analyses of               declared to be a categorical exclusion,
                                                  requirements of 10 CFR 50.54(w)(1)                      highly unlikely, beyond-design-basis                  after first finding that the category of
                                                  were established to provide financial                   zirconium fire accidents involving the                actions does not individually or
                                                  assurance that following a significant                  stored irradiated fuel in the SFP. The                cumulatively have a significant effect on
                                                  nuclear incident, onsite conditions                     analyses show that after October 30,                  the human environment. Specifically,
                                                  could be stabilized and the site                        2014, the probabilities of such an                    the exemption is categorically excluded
                                                  decontaminated. The requirements of 10                  accident are minimal. The NRC staff’s                 from further analysis under
                                                  CFR 50.54(w)(1) and the existing level                  evaluation of the licensee’s analyses                 § 51.22(c)(25).
                                                  of onsite insurance coverage for KPS are                confirm this conclusion.                                 Under 10 CFR 51.22(c)(25), granting
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                                                  predicated on the assumption that the                      The NRC staff also finds that the                  of an exemption from the requirements
                                                  reactor is operating. However, KPS is a                 licensee’s proposed $50 million level of              of any regulation of Chapter I to 10 CFR
                                                  permanently shutdown and defueled                       onsite insurance is consistent with the               is a categorical exclusion provided that
                                                  facility. The permanently defueled                      bounding cleanup and decontamination                  (i) there is no significant hazards
                                                  status of the facility has resulted in a                cost, as discussed in SECY–96–256, to                 consideration; (ii) there is no significant
                                                  significant reduction in the number and                 account for hypothetical rupture of a                 change in the types or significant
                                                  severity of potential accidents, and                    large liquid radwaste tank at the KPS                 increase in the amounts of any effluents
                                                  correspondingly, a significant reduction                site, should such an event occur. The                 that may be released offsite; (iii) there is


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                                                                                 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices                                           19701

                                                  no significant increase in individual or                CFR 50.54(w)(1), to permit the licensee                  • NRC’s Agencywide Documents
                                                  cumulative public or occupational                       to reduce its onsite property damage                  Access and Management System
                                                  radiation exposure; (iv) there is no                    insurance to a level of $50 million.                  (ADAMS): You may obtain publicly-
                                                  significant construction impact; (v)                       The exemption is effective upon                    available documents online in the
                                                  there is no significant increase in the                 issuance.                                             ADAMS Public Documents collection at
                                                  potential for or consequences from                        Dated at Rockville, Maryland, this 3rd day          http://www.nrc.gov/reading-rm/
                                                  radiological accidents; and (vi) the                    of April, 2015.                                       adams.html. To begin the search, select
                                                  requirements from which an exemption                      For the Nuclear Regulatory Commission.              ‘‘ADAMS Public Documents’’ and then
                                                  is sought involve: Surety, insurance, or                Michele G. Evans,                                     select ‘‘Begin Web-based ADAMS
                                                  indemnity requirements                                  Director, Division of Operating Reactor               Search.’’ For problems with ADAMS,
                                                     The Director, Division of Operating                  Licensing, Office of Nuclear Reactor                  please contact the NRC’s Public
                                                  Reactor Licensing, Office of Nuclear                    Regulation.                                           Document Room (PDR) reference staff at
                                                  Reactor Regulation, has determined that                 [FR Doc. 2015–08395 Filed 4–10–15; 8:45 am]           1–800–397–4209, 301–415–4737, or by
                                                  approval of the exemption request                                                                             email to pdr.resource@nrc.gov. The
                                                                                                          BILLING CODE 7590–01–P
                                                  involves no significant hazards                                                                               supporting statement is available in
                                                  consideration because reducing the                                                                            ADAMS under Accession No ADAMS
                                                  licensee’s onsite property damage                       NUCLEAR REGULATORY                                    ML15040A059.
                                                  insurance for KPS does not (1) involve                  COMMISSION                                               • NRC’s PDR: You may examine and
                                                  a significant increase in the probability                                                                     purchase copies of public documents at
                                                  or consequences of an accident                          [NRC–2014–0247]                                       the NRC’s PDR, Room O1–F21, One
                                                  previously evaluated; or (2) create the                                                                       White Flint North, 11555 Rockville
                                                  possibility of a new or different kind of               Information Collection: General
                                                                                                                                                                Pike, Rockville, Maryland 20852.
                                                  accident from any accident previously                   Domestic Licenses for Byproduct                          • NRC’s Clearance Officer: A copy of
                                                  evaluated; or (3) involve a significant                 Material                                              the collection of information and related
                                                  reduction in a margin of safety. The                    AGENCY:  Nuclear Regulatory                           instructions may be obtained without
                                                  exempted financial protection                           Commission.                                           charge by contacting the NRC’s
                                                  regulation is unrelated to the operation                ACTION: Notice of submission to the                   Clearance Officer, Tremaine Donnell,
                                                  of KPS. Accordingly, there is no                        Office of Management and Budget;                      Office of Information Services, U.S.
                                                  significant change in the types or                      request for comment.                                  Nuclear Regulatory Commission,
                                                  significant increase in the amounts of                                                                        Washington, DC 20555–0001; telephone:
                                                  any effluents that may be released                      SUMMARY:   The U.S. Nuclear Regulatory                301–415–6258; email:
                                                  offsite; and no significant increase in                 Commission (NRC) has recently                         INFOCOLLECTS.Resource@NRC.GOV.
                                                  individual or cumulative public or                      submitted a request for renewal of an
                                                  occupational radiation exposure. The                    existing collection of information to the             B. Submitting Comments
                                                  exempted regulation is not associated                   Office of Management and Budget                         The NRC cautions you not to include
                                                  with construction, so there is no                       (OMB) for review. The information                     identifying or contact information in
                                                  significant construction impact. The                    collection is entitled, General Domestic              comment submissions that you do not
                                                  exempted regulation does not concern                    Licenses for Byproduct Material.’’                    want to be publicly disclosed in your
                                                  the source term (i.e., potential amount                 DATES: Submit comments by May 13,                     comment submission. All comment
                                                  of radiation in an accident), nor                       2015.                                                 submissions are posted at http://
                                                  mitigation. Therefore, there is no                      ADDRESSES: Submit comments directly
                                                                                                                                                                www.regulations.gov and entered into
                                                  significant increase in the potential for,              to the OMB reviewer at: Vlad Dorjets,                 ADAMS. Comment submissions are not
                                                  or consequences of, a radiological                      Desk Officer, Office of Information, and              routinely edited to remove identifying
                                                  accident. In addition, there would be no                Regulatory Affairs (3150–0016), NEOB–                 or contact information.
                                                  significant impacts to biota, water                     10202, Office of Management and                         If you are requesting or aggregating
                                                  resources, historic properties, cultural                Budget, Washington, DC 20503;                         comments from other persons for
                                                  resources, or socioeconomic conditions                  telephone: 202–395–1741, email:                       submission to the OMB, then you
                                                  in the region. The requirement for onsite               Vladik_Dorjets@omb.eop.gov.                           should inform those persons not to
                                                  property damage insurance may be                                                                              include identifying or contact
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  viewed as involving surety, insurance,                                                                        information that they do not want to be
                                                                                                          Tremaine Donnell, NRC Clearance
                                                  or indemnity matters.                                                                                         publicly disclosed in their comment
                                                                                                          Officer, U.S. Nuclear Regulatory
                                                     Therefore, pursuant to 10 CFR                                                                              submission. Your request should state
                                                                                                          Commission, Washington, DC 20555–
                                                  51.22(b) and 51.22(c)(25), no                                                                                 that comment submissions are not
                                                                                                          0001; telephone: 301–415–6258; email:
                                                  environmental impact statement or                                                                             routinely edited to remove such
                                                                                                          INFOCOLLECTS.Resource@nrc.gov.
                                                  environmental assessment need be                                                                              information before making the comment
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  prepared in connection with the                                                                               submissions available to the public or
                                                  approval of this exemption request.                     I. Obtaining Information and                          entering the comment into ADAMS.
                                                  IV. Conclusions                                         Submitting Comments                                   II. Background
                                                    Accordingly, the Commission has                       A. Obtaining Information                                 Under the provisions of the
                                                  determined that, pursuant to 10 CFR                       Please refer to Docket ID NRC–2014–                 Paperwork Reduction Act of 1995 (44
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  50.12(a), the exemption is authorized by                0247 when contacting the NRC about                    U.S.C. Chapter 35), the NRC recently
                                                  law, will not present an undue risk to                  the availability of information for this              submitted a request for renewal of an
                                                  the public health and safety, and is                    action. You may obtain publicly-                      existing collection of information to
                                                  consistent with the common defense                      available information related to this                 OMB for review entitled, ‘‘General
                                                  and security. Also, special                             action by any of the following methods:               Domestic Licenses for Byproduct
                                                  circumstances are present. Therefore,                     • Federal Rulemaking Web site: Go to                Material.’’ The NRC hereby informs
                                                  the Commission hereby grants DEK an                     http://www.regulations.gov and search                 potential respondents that an agency
                                                  exemption from the requirements of 10                   for Docket ID NRC–2014–0247.                          may not conduct or sponsor, and that a


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Document Created: 2015-12-18 11:21:48
Document Modified: 2015-12-18 11:21:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
DatesApril 13, 2015.
ContactWilliam Huffman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2046; email: [email protected]
FR Citation80 FR 19697 

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