80_FR_26187 80 FR 26100 - Duke Energy Florida, Inc.; Crystal River Nuclear Generating Plant, Unit 3

80 FR 26100 - Duke Energy Florida, Inc.; Crystal River Nuclear Generating Plant, Unit 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 87 (May 6, 2015)

Page Range26100-26104
FR Document2015-10494

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from certain power reactor liability insurance requirements in response to a request from Duke Energy Florida, Inc. (DEF or the licensee) dated February 25, 2014, as supplemented by letter dated May 7, 2014. This exemption would permit the licensee to reduce its primary offsite liability insurance and withdraw from participation in the secondary retrospective rating pool for deferred premium charges.

Federal Register, Volume 80 Issue 87 (Wednesday, May 6, 2015)
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26100-26104]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10494]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302; NRC-2015-0115]


Duke Energy Florida, Inc.; Crystal River Nuclear Generating 
Plant, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from certain power reactor liability insurance requirements 
in response to a request from Duke Energy Florida, Inc. (DEF or the 
licensee) dated February 25, 2014, as supplemented by letter dated May 
7, 2014. This exemption would permit the licensee to reduce its primary 
offsite liability insurance and withdraw from participation in the 
secondary retrospective rating pool for deferred premium charges.

DATES: May 6, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0115 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-2015-0115. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/

[[Page 26101]]

adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Michael D. Orenak, Office of Nuclear 
Reactor Regulation, telephone: 301-415-3229, email: 
[email protected], U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Crystal River Nuclear Generating Plant, Unit 3 (CR-3), is a 
decommissioning power reactor located at Red Level, Florida in Citrus 
County, about 5 miles south of Levy County. The site is 7.5 miles 
northwest of Crystal River, Florida, and 90 miles north of St. 
Petersburg, Florida. The CR-3 is situated on the Gulf of Mexico within 
the Crystal River Energy Complex. The DEF is the holder of the CR-3 
Facility Operating License No. DPR-72. 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.
    The CR-3 has been shut down since September 26, 2009, and the final 
removal of fuel from its reactor vessel was completed on May 28, 2011. 
By letter dated February 20, 2013 (ADAMS Accession No. ML13056A005), 
DEF submitted a certification to the NRC of permanent cessation of 
power operations and permanent removal of fuel from the reactor vessel. 
As a permanently shutdown and defueled facility, and in accordance with 
section 50.82(a)(2) of Title 10 of the Code of Federal Regulations (10 
CFR), CR-3 is no longer authorized to operate the 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).

II. Request/Action

    Pursuant to 10 CFR 140.8, ``Specific exemptions,'' DEF has 
requested an exemption from 10 CFR 140.11(a)(4) by letter dated 
February 25, 2014 (ADAMS Accession No. ML14063A502), as supplemented by 
letter dated May 7, 2014 (ADAMS Accession No. ML14139A007). The May 7, 
2014, exemption request submittal superseded, in its entirety, the 
request dated February 25, 2014. The exemption from 10 CFR 140.11(a)(4) 
would permit the licensee to reduce the required level of primary 
offsite liability insurance from $375 million to $100 million, and 
would allow DEF to withdraw from participation in the secondary 
financial protection (also known as the secondary retrospective rating 
pool for deferred premium charges).
    The regulation in 10 CFR 140.11(a)(4) requires each licensee to 
have and maintain financial protection. For a single unit reactor site, 
which has a rated capacity of 100,000 kilowatts electric or more, 10 
CFR 140.11(a)(4) requires the licensee to maintain $375 million in 
primary financial protection. In addition, the licensee is required to 
participate in a secondary retrospective rating pool (secondary 
financial protection) that commits each licensee to additional 
indemnification for damages that may exceed primary insurance coverage. 
Participation in the secondary retrospective rating pool could 
potentially subject DEF to deferred premium charges up to a maximum 
total deferred premium of $121,255,000 with respect to any nuclear 
incident at any operating nuclear power plant, and up to a maximum 
annual deferred premium of $18,963,000 per incident.
    The licensee states that the risk of an offsite radiological 
release is significantly lower at a nuclear power reactor that has 
permanently shut down and defueled, when compared to an operating power 
reactor. Similarly, the associated risk of offsite liability damages 
that require insurance indemnification is commensurately lower. 
Therefore, DEF is requesting an exemption from 10 CFR 140.11(a)(4), to 
permit a reduction in primary offsite liability insurance and to 
withdraw from participation in the secondary financial protection pool.

III. Discussion

    Pursuant to 10 CFR 140.8, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 140, when the exemptions are authorized 
by law and are otherwise in the public interest.
    The financial protection limits of 10 CFR 140.11(a)(4) were 
established to require a licensee to maintain sufficient insurance to 
satisfy liability claims by members of the public for personal injury, 
property damage, or the legal cost associated with lawsuits as the 
result of a nuclear accident. The insurance levels established by this 
regulation were derived from the risks and potential consequences of an 
accident at an operating reactor with a rated capacity of 100,000 
kilowatts electric (or greater). During normal power reactor 
operations, the forced flow of water through the reactor coolant system 
(RCS) removes heat generated by the reactor. The RCS, operating at high 
temperatures and pressures, transfers this heat through the steam 
generator tubes converting non-radioactive feedwater to steam, which 
then flows to the main turbine generator to produce electricity. Many 
of the accident scenarios postulated for operating power reactors 
involve failures or malfunctions of systems that could affect the fuel 
in the reactor core, which in the most severe postulated accidents, 
would involve the release of large quantities of fission products. With 
the permanent cessation of reactor operations at CR-3, and the 
permanent removal of the fuel from the reactor core, such accidents are 
no longer possible. The reactor, RCS, and supporting systems no longer 
operate and have no function related to the storage of the irradiated 
fuel. Therefore, 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 September 
26, 2013, exemption request regarding offsite emergency plans (ADAMS 
Accession No. ML13274A584), DEF 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 CR-3 
that could result in an offsite radiological release exceeding the 
limits established by the U.S. Environmental Protection Agency's early-
phase Protective Action Guidelines of 1 rem (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 
zirconium fire. The zirconium fire scenario is a postulated, but highly 
unlikely, beyond design-basis accident scenario that involves loss of 
water inventory from the SFP, resulting in a significant heat-up of the 
spent fuel, and culminating in substantial zirconium cladding

[[Page 26102]]

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 CR-3 has been permanently shut 
down.
    The licensee provided a detailed analysis of the events that could 
result in an offsite radiological release at CR-3 in its September 26, 
2013, submittal. 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 as of September 26, 2013, air-cooling of the spent 
fuel assemblies is sufficient to keep the fuel within a safe 
temperature range indefinitely without fuel damage or offsite 
radiological release. This is important because the Commission has 
previously authorized a lesser amount of liability insurance coverage, 
based on an analysis of the zirconium fire risk. In SECY-93-127, 
``Financial Protection Required of Licensees of Large Nuclear Power 
Plants During Decommissioning,'' dated May 10, 1993 (ADAMS Accession 
No. ML12257A628), the staff outlined a policy for reducing required 
liability insurance coverage for decommissioning reactors. The 
discussions in SECY-93-127 centered primarily on the public health and 
safety risks associated with storing fuel in spent fuel pools. In its 
Staff Requirements Memorandum dated July 13, 1993 (ADAMS Accession No. 
ML003760936), the Commission approved a policy that would permit 
reductions in commercial liability insurance coverage when a licensee 
was able to demonstrate that the spent fuel could be air-cooled if the 
SFP was drained of water. Upon demonstration of this technical 
criterion, the Commission policy allowed decommissioning licensees to 
withdraw from participation in the secondary insurance protection 
layer, and permitted reductions in the required amount of commercial 
liability insurance coverage to $100 million. The staff has used this 
technical criterion to grant similar exemptions to other 
decommissioning reactor licensees (e.g., Maine Yankee Atomic Power 
Station, published in the Federal Register on January 19, 1999 (64 FR 
2920); Zion Nuclear Power Station, published in the Federal Register on 
December 28, 1999 (64 FR 72700), and Kewaunee Power Station, published 
in the Federal Register on March 24, 2015 (80 FR 15638)). Additional 
discussions of other decommissioning reactor licensees that have 
received exemptions to reduce their primary insurance level to $100 
million are provided in SECY-96-256, ``Changes to the Financial 
Protection Requirements for Permanently Shutdown Nuclear Power 
Reactors, 10 CFR 50.54(W) and 10 CFR 140.11,'' dated December 17, 1996 
(ADAMS Accession No. ML15062A483). These prior exemptions were based on 
the licensee 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 Spent Fuel Pools,'' dated June 4, 2001 (ADAMS Accession 
Nos. ML003721626 and ML011450420, respectively), the staff discussed 
additional information concerning SFP zirconium fire risks at 
decommissioning reactors and associated implications for offsite 
insurance. Analyzing when the spent fuel stored in the SFP is capable 
of air-cooling is one measure that demonstrates when the probability of 
a zirconium fire would be exceedingly low. However, the staff has more 
recently used an additional analysis that would bound an incomplete 
drain-down of the SFP water inventory 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 heat-up.
    The licensee's analyses referenced in its 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 as of September 26, 2013, that 
the CR-3 spent fuel will remain at temperatures far below those 
associated with a significant radiological release. In addition, the 
licensee's adiabatic heat-up analyses demonstrate that as of September 
26, 2103, there would 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 for this 
loss of all cooling scenario, 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 a separate DEF letter dated May 7, 2014 (ADAMS 
Accession No. ML14139A006), the licensee reaffirmed the continuation of 
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 connections to the existing SFP piping using the diesel-driven 
fire service pump, and using a diesel-driven portable pump to take 
suction from CR-3 intake and discharge canals. These strategies will be 
maintained by a license condition. The licensee also 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 into the SFP before the onset of zirconium cladding rapid 
oxidation.
    In the NRC safety evaluation of the licensee's request for 
exemptions from certain emergency planning requirements dated March 30, 
2015 (ADAMS Accession No. ML15058A906), the NRC staff assessed the DEF 
accident analyses associated with the radiological risks from a 
zirconium fire at the permanently shutdown and defueled CR-3 site. The 
NRC staff confirmed that under conditions where cooling airflow can 
develop, suitably conservative calculations indicate that as of 
September 2013, the fuel would remain at temperatures where the 
cladding would 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, consistent with plant conditions, to prevent the 
zirconium cladding from reaching a point of rapid oxidation.
    The staff has determined that the licensee's proposed reduction in 
primary offsite liability coverage to a level of $100 million, and the 
licensee's proposed withdrawal from participation in the secondary 
insurance pool for offsite financial protection, are consistent with 
the policy established in

[[Page 26103]]

SECY-93-127 and subsequent insurance considerations resulting from 
additional zirconium fire risks, as discussed in SECY-00-0145 and SECY-
01-0100. In addition, the NRC staff noted that there is a well-
established precedent of granting a similar exemption to other 
permanently shutdown and defueled power reactors upon demonstration 
that the criterion of the zirconium fire risks from the irradiated fuel 
stored in the SFP is of negligible concern.

A. Authorized by Law

    In accordance with 10 CFR 140.8, the Commission may grant 
exemptions from the regulations in 10 CFR part 140 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, Section 170, or other laws, 
as amended, which require licensees to maintain adequate financial 
protection. Therefore, the exemption is authorized by law.

B. Is Otherwise in the Public Interest

    The financial protection limits of 10 CFR 140.11 were established 
to require licensees to maintain sufficient offsite liability insurance 
to ensure adequate funding for offsite liability claims, following an 
accident at an operating reactor. However, the regulation does not 
consider the reduced potential for and consequence of nuclear incidents 
at permanently shutdown and decommissioning reactors.
    SECY-93-127, SECY-00-0145, and SECY-01-0100 provide a basis for 
allowing licensees of decommissioning plants to reduce their primary 
offsite liability insurance and to withdraw from participation in the 
retrospective rating pool for deferred premium charges. As discussed in 
these documents, once the zirconium fire concern is determined to be 
negligible, possible accident scenario risks at permanently shutdown 
and defueled reactors are greatly reduced when compared to operating 
reactors, and the associated potential for offsite financial 
liabilities from an accident are commensurately less. The licensee has 
analyzed, and the NRC staff has confirmed, that the possible accidents 
that could result in an offsite radiological risk are minimal, thereby 
justifying the proposed reductions in offsite liability insurance and 
withdrawal from participation in the secondary retrospective rating 
pool for deferred premium charges.
    Additionally, participation in the secondary retrospective rating 
pool could be problematic for DEF because the licensee would incur 
financial liability if an extraordinary nuclear incident occurred at 
another nuclear power plant. Because CR-3 is permanently shut down, it 
does not produce revenue from electricity generation sales to cover 
such a liability. Therefore, such liability, if incurred, could 
significantly affect the financial resources available to the facility 
to conduct and complete radiological decontamination and 
decommissioning activities. Furthermore, the shared financial risk 
exposure to DEF is greatly disproportionate to the radiological risk 
posed by CR-3 when compared to operating reactors.
    The reduced overall risk to the public at decommissioning power 
plants does not warrant DEF to carry full operating reactor insurance 
coverage after the requisite spent fuel-cooling period has elapsed, 
following final reactor shutdown. The licensee's proposed financial 
protection limits will maintain a level of liability insurance coverage 
commensurate with the risk to the public. These changes are consistent 
with previous NRC policy and exemptions approved for other 
decommissioning reactors. Thus, the underlying purpose of the 
regulations will not be adversely affected by the reductions in 
insurance coverage.
    Accordingly, the NRC staff concludes that granting the exemption 
from 10 CFR 140.11(a)(4) is in the public interest.

C. 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 in accordance with 10 CFR 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 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 a licensee's offsite liability requirements at CR-3 
does not (1) involve a significant increase in the probability or 
consequences of an accident previously evaluated; (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 CR-3. 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) or 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 offsite 
liability 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 
140.8, the exemption is authorized by law, and is otherwise in the 
public interest. Therefore, the Commission hereby grants DEF exemption 
from the requirements of 10 CFR 140.11(a)(4) to permit the licensee to 
reduce primary offsite liability insurance to $100 million, accompanied 
by withdrawal from participation in the secondary insurance pool for 
offsite liability insurance.
    The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of April, 2015.


[[Page 26104]]


    For the Nuclear Regulatory Commission.
A. Louise Lund,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2015-10494 Filed 5-5-15; 8:45 am]
 BILLING CODE 7590-01-P



                                              26100                         Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices

                                              will prepare the submission requesting                  plans, which will be used as a basis for              of the information on respondents,
                                              that OMB approve clearance of this                      performance review and determining                    including through the use of automated
                                              collection for no longer than three years.              the level of continued funding. To                    collection techniques or other forms of
                                              DATES: Written comments on this notice                  support this review and the                           information technology; and (d) ways to
                                              must be received by July 6, 2015 to be                  management of a Center, STCs will be                  minimize the burden of the collection of
                                              assured of consideration. Comments                      required to develop a set of management               information on those who are to
                                              received after that date will be                        and performance indicators for                        respond, including through the use of
                                              considered to the extent practicable.                   submission annually to NSF via an NSF                 appropriate automated, electronic,
                                                 For Additional Information or                        evaluation technical assistance                       mechanical, or other technological
                                              Comments: Contact Suzanne H.                            contractor. These indicators are both                 collection techniques or other forms of
                                              Plimpton, Reports Clearance Officer,                    quantitative and descriptive and may                  information technology.
                                              National Science Foundation, 4201                       include, for example, the characteristics               Dated: April 30, 2015.
                                              Wilson Boulevard, Suite 1265,                           of center personnel and students;
                                                                                                                                                            Suzanne H. Plimpton,
                                              Arlington, Virginia 22230; telephone                    sources of financial support and in-kind
                                                                                                                                                            Reports Clearance Officer, National Science
                                              (703) 292–7556; or send email to                        support; expenditures by operational
                                                                                                                                                            Foundation.
                                              splimpto@nsf.gov. Individuals who use                   component; characteristics of industrial
                                                                                                                                                            [FR Doc. 2015–10500 Filed 5–5–15; 8:45 am]
                                              a telecommunications device for the                     and/or other sector participation;
                                                                                                      research activities; education activities;            BILLING CODE 7555–01–P
                                              deaf (TDD) may call the Federal
                                              Information Relay Service (FIRS) at 1–                  knowledge transfer activities; patents,
                                              800–877–8339, which is accessible 24                    licenses; publications; degrees granted
                                              hours a day, 7 days a week, 365 days a                  to students involved in Center activities;            NUCLEAR REGULATORY
                                              year (including federal holidays). You                  descriptions of significant advances and              COMMISSION
                                              also may obtain a copy of the data                      other outcomes of the STC effort. Part of             [Docket No. 50–302; NRC–2015–0115]
                                              collection instrument and instructions                  this reporting will take the form of a
                                              from Ms. Plimpton.                                      database which will be owned by the                   Duke Energy Florida, Inc.; Crystal
                                              SUPPLEMENTARY INFORMATION:                              institution and eventually made                       River Nuclear Generating Plant, Unit 3
                                                 Title of Collection: Grantee Reporting               available to an evaluation contractor.
                                                                                                      This database will capture specific                   AGENCY:  Nuclear Regulatory
                                              Requirements for Science and
                                                                                                      information to demonstrate progress                   Commission.
                                              Technology Centers (STC): Integrative
                                              Partnerships.                                           towards achieving the goals of the                    ACTION: Exemption; issuance.
                                                 OMB Number: 3145–0194.                               program. Such reporting requirements                  SUMMARY:    The U.S. Nuclear Regulatory
                                                 Expiration Date of Approval:                         will be included in the cooperative                   Commission (NRC) is issuing an
                                              September 30, 2015.                                     agreement which is binding between the                exemption from certain power reactor
                                                 Type of Request: Intent to seek                      academic institution and the NSF.
                                              approval to extend an information                                                                             liability insurance requirements in
                                                                                                         Each Center’s annual report will                   response to a request from Duke Energy
                                              collection.                                             address the following categories of                   Florida, Inc. (DEF or the licensee) dated
                                              Abstract                                                activities: (1) Research, (2) education,              February 25, 2014, as supplemented by
                                                                                                      (3) knowledge transfer, (4) partnerships,             letter dated May 7, 2014. This
                                                 Proposed Project: The Science and                    (5) diversity, (6) management and (7)
                                              Technology Centers (STC): Integrative                                                                         exemption would permit the licensee to
                                                                                                      budget issues.                                        reduce its primary offsite liability
                                              Partnerships Program supports                              For each of the categories the report
                                              innovation in the integrative conduct of                                                                      insurance and withdraw from
                                                                                                      will describe overall objectives for the
                                              research, education and knowledge                                                                             participation in the secondary
                                                                                                      year, problems the Center has
                                              transfer. Science and Technology                                                                              retrospective rating pool for deferred
                                                                                                      encountered in making progress towards
                                              Centers build intellectual and physical                                                                       premium charges.
                                                                                                      goals, anticipated problems in the
                                              infrastructure within and between                       following year, and specific outputs and              DATES: May 6, 2015.
                                              disciplines, weaving together                           outcomes.                                             ADDRESSES: Please refer to Docket ID
                                              knowledge creation, knowledge                              Use of the Information: NSF will use               NRC–2015–0115 when contacting the
                                              integration, and knowledge transfer.                    the information to continue funding of                NRC about the availability of
                                              STCs conduct world-class research                       the Centers, and to evaluate the progress             information regarding this document.
                                              through partnerships of academic                        of the program.                                       You may obtain publicly-available
                                              institutions, national laboratories,                       Estimate of Burden: 100 hours per                  information related to this document
                                              industrial organizations, and/or other                  center for seventeen centers for a total              using any of the following methods:
                                              public/private entities. New knowledge                  of 1700 hours.                                           • Federal Rulemaking Web site: Go to
                                              thus created is meaningfully linked to                     Respondents: Non-profit institutions;              http://www.regulations.gov and search
                                              society.                                                federal government.                                   for Docket ID NRC–2015–0115. Address
                                                 STCs enable and foster excellent                        Estimated Number of Responses per                  questions about NRC dockets to Carol
                                              education, integrate research and                       Report: One from each of the seventeen                Gallagher; telephone: 301–415–3463;
                                              education, and create bonds between                     centers.                                              email: Carol.Gallagher@nrc.gov. For
                                              learning and inquiry so that discovery                     Comments: Comments are invited on                  technical questions, contact the
                                              and creativity more fully support the                   (a) whether the proposed collection of                individual listed in the FOR FURTHER
                                              learning process. STCs capitalize on                    information is necessary for the proper               INFORMATION CONTACT section of this
tkelley on DSK3SPTVN1PROD with NOTICES




                                              diversity through participation in center               performance of the functions of the                   document.
                                              activities and demonstrate leadership in                Agency, including whether the                            • NRC’s Agencywide Documents
                                              the involvement of groups                               information shall have practical utility;             Access and Management System
                                              underrepresented in science and                         (b) the accuracy of the Agency’s                      (ADAMS): You may obtain publicly-
                                              engineering.                                            estimate of the burden of the proposed                available documents online in the
                                                 Centers selected will be required to                 collection of information; (c) ways to                ADAMS Public Documents collection at
                                              submit annual reports on progress and                   enhance the quality, utility, and clarity             http://www.nrc.gov/reading-rm/


                                         VerDate Sep<11>2014   18:43 May 05, 2015   Jkt 235001   PO 00000   Frm 00106   Fmt 4703   Sfmt 4703   E:\FR\FM\06MYN1.SGM   06MYN1


                                                                            Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices                                             26101

                                              adams.html. To begin the search, select                 exemption from 10 CFR 140.11(a)(4) by                 insurance to satisfy liability claims by
                                              ‘‘ADAMS Public Documents’’ and then                     letter dated February 25, 2014 (ADAMS                 members of the public for personal
                                              select ‘‘Begin Web-based ADAMS                          Accession No. ML14063A502), as                        injury, property damage, or the legal
                                              Search.’’ For problems with ADAMS,                      supplemented by letter dated May 7,                   cost associated with lawsuits as the
                                              please contact the NRC’s Public                         2014 (ADAMS Accession No.                             result of a nuclear accident. The
                                              Document Room (PDR) reference staff at                  ML14139A007). The May 7, 2014,                        insurance levels established by this
                                              1–800–397–4209, 301–415–4737, or by                     exemption request submittal                           regulation were derived from the risks
                                              email to pdr.resource@nrc.gov. The                      superseded, in its entirety, the request              and potential consequences of an
                                              ADAMS accession number for each                         dated February 25, 2014. The exemption                accident at an operating reactor with a
                                              document referenced (if it available in                 from 10 CFR 140.11(a)(4) would permit                 rated capacity of 100,000 kilowatts
                                              ADAMS) is provided the first time that                  the licensee to reduce the required level             electric (or greater). During normal
                                              a document is referenced.                               of primary offsite liability insurance                power reactor operations, the forced
                                                 • NRC’s PDR: You may examine and                     from $375 million to $100 million, and                flow of water through the reactor
                                              purchase copies of public documents at                  would allow DEF to withdraw from                      coolant system (RCS) removes heat
                                              the NRC’s PDR, Room O–1–F21, One                        participation in the secondary financial              generated by the reactor. The RCS,
                                              White Flint North, 11555 Rockville                      protection (also known as the secondary               operating at high temperatures and
                                              Pike, Rockville, Maryland 20852.                        retrospective rating pool for deferred                pressures, transfers this heat through the
                                              FOR FURTHER INFORMATION CONTACT:                        premium charges).                                     steam generator tubes converting non-
                                              Michael D. Orenak, Office of Nuclear                       The regulation in 10 CFR 140.11(a)(4)              radioactive feedwater to steam, which
                                              Reactor Regulation, telephone: 301–                     requires each licensee to have and                    then flows to the main turbine generator
                                              415–3229, email: Michael.Orenak@                        maintain financial protection. For a                  to produce electricity. Many of the
                                              nrc.gov, U.S. Nuclear Regulatory                        single unit reactor site, which has a                 accident scenarios postulated for
                                              Commission, Washington, DC 20555–                       rated capacity of 100,000 kilowatts                   operating power reactors involve
                                              0001.                                                   electric or more, 10 CFR 140.11(a)(4)                 failures or malfunctions of systems that
                                                                                                      requires the licensee to maintain $375                could affect the fuel in the reactor core,
                                              SUPPLEMENTARY INFORMATION:                              million in primary financial protection.              which in the most severe postulated
                                              I. Background                                           In addition, the licensee is required to              accidents, would involve the release of
                                                                                                      participate in a secondary retrospective              large quantities of fission products.
                                                 The Crystal River Nuclear Generating                 rating pool (secondary financial
                                              Plant, Unit 3 (CR–3), is a                                                                                    With the permanent cessation of reactor
                                                                                                      protection) that commits each licensee                operations at CR–3, and the permanent
                                              decommissioning power reactor located                   to additional indemnification for
                                              at Red Level, Florida in Citrus County,                                                                       removal of the fuel from the reactor
                                                                                                      damages that may exceed primary                       core, such accidents are no longer
                                              about 5 miles south of Levy County. The                 insurance coverage. Participation in the
                                              site is 7.5 miles northwest of Crystal                                                                        possible. The reactor, RCS, and
                                                                                                      secondary retrospective rating pool                   supporting systems no longer operate
                                              River, Florida, and 90 miles north of St.               could potentially subject DEF to
                                              Petersburg, Florida. The CR–3 is                                                                              and have no function related to the
                                                                                                      deferred premium charges up to a                      storage of the irradiated fuel. Therefore,
                                              situated on the Gulf of Mexico within                   maximum total deferred premium of
                                              the Crystal River Energy Complex. The                                                                         postulated accidents involving failure or
                                                                                                      $121,255,000 with respect to any                      malfunction of the reactor, RCS, or
                                              DEF is the holder of the CR–3 Facility                  nuclear incident at any operating
                                              Operating License No. DPR–72. The                                                                             supporting systems are no longer
                                                                                                      nuclear power plant, and up to a                      applicable.
                                              license provides, among other things,                   maximum annual deferred premium of
                                              that the facility is subject to all rules,              $18,963,000 per incident.                                During reactor decommissioning, the
                                              regulations, and orders of the NRC now                     The licensee states that the risk of an            principal radiological risks are
                                              or hereafter in effect.                                 offsite radiological release is                       associated with the storage of spent fuel
                                                 The CR–3 has been shut down since                    significantly lower at a nuclear power                onsite. In its September 26, 2013,
                                              September 26, 2009, and the final                       reactor that has permanently shut down                exemption request regarding offsite
                                              removal of fuel from its reactor vessel                 and defueled, when compared to an                     emergency plans (ADAMS Accession
                                              was completed on May 28, 2011. By                       operating power reactor. Similarly, the               No. ML13274A584), DEF discusses both
                                              letter dated February 20, 2013 (ADAMS                   associated risk of offsite liability                  design-basis and beyond design-basis
                                              Accession No. ML13056A005), DEF                         damages that require insurance                        events involving irradiated fuel stored
                                              submitted a certification to the NRC of                 indemnification is commensurately                     in the SFP. The licensee states that there
                                              permanent cessation of power                            lower. Therefore, DEF is requesting an                are no possible design-basis events at
                                              operations and permanent removal of                     exemption from 10 CFR 140.11(a)(4), to                CR–3 that could result in an offsite
                                              fuel from the reactor vessel. As a                      permit a reduction in primary offsite                 radiological release exceeding the limits
                                              permanently shutdown and defueled                       liability insurance and to withdraw                   established by the U.S. Environmental
                                              facility, and in accordance with section                from participation in the secondary                   Protection Agency’s early-phase
                                              50.82(a)(2) of Title 10 of the Code of                  financial protection pool.                            Protective Action Guidelines of 1 rem
                                              Federal Regulations (10 CFR), CR–3 is                                                                         (roentgen equivalent man) at the
                                              no longer authorized to operate the                     III. Discussion                                       exclusion area boundary. The only
                                              reactor or emplace nuclear fuel into the                   Pursuant to 10 CFR 140.8, the                      accident that might lead to a significant
                                              reactor vessel. The licensee is still                   Commission may, upon application by                   radiological release at a
                                              authorized to possess and store                         any interested person or upon its own                 decommissioning reactor is a zirconium
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                                              irradiated nuclear fuel. Irradiated fuel is             initiative, grant exemptions from the                 fire. The zirconium fire scenario is a
                                              currently being stored onsite in a spent                requirements of 10 CFR part 140, when                 postulated, but highly unlikely, beyond
                                              fuel pool (SFP).                                        the exemptions are authorized by law                  design-basis accident scenario that
                                                                                                      and are otherwise in the public interest.             involves loss of water inventory from
                                              II. Request/Action                                         The financial protection limits of 10              the SFP, resulting in a significant heat-
                                                Pursuant to 10 CFR 140.8, ‘‘Specific                  CFR 140.11(a)(4) were established to                  up of the spent fuel, and culminating in
                                              exemptions,’’ DEF has requested an                      require a licensee to maintain sufficient             substantial zirconium cladding


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                                              26102                         Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices

                                              oxidation and fuel damage. The                          Register on March 24, 2015 (80 FR                     hours is sufficient time for personnel to
                                              probability of a zirconium fire scenario                15638)). Additional discussions of other              respond with additional resources,
                                              is related to the decay heat of the                     decommissioning reactor licensees that                equipment, and capability to restore
                                              irradiated fuel stored in the SFP.                      have received exemptions to reduce                    cooling to the SFP, even after a non-
                                              Therefore, the risks from a zirconium                   their primary insurance level to $100                 credible, catastrophic event. As
                                              fire scenario continue to decrease as a                 million are provided in SECY–96–256,                  provided in a separate DEF letter dated
                                              function of the time that CR–3 has been                 ‘‘Changes to the Financial Protection                 May 7, 2014 (ADAMS Accession No.
                                              permanently shut down.                                  Requirements for Permanently                          ML14139A006), the licensee reaffirmed
                                                 The licensee provided a detailed                     Shutdown Nuclear Power Reactors, 10                   the continuation of its makeup strategies
                                              analysis of the events that could result                CFR 50.54(W) and 10 CFR 140.11,’’                     in the event of a loss of SFP coolant
                                              in an offsite radiological release at CR–               dated December 17, 1996 (ADAMS                        inventory. The multiple strategies for
                                              3 in its September 26, 2013, submittal.                 Accession No. ML15062A483). These                     providing makeup to the SFP include
                                              One of these beyond design-basis                        prior exemptions were based on the                    using existing plant systems for
                                              accidents involves a complete loss of                   licensee demonstrating that the SFP                   inventory makeup, supplying water
                                              SFP water inventory, where cooling of                   could be air-cooled, consistent with the              through hoses to connections to the
                                              the spent fuel would be primarily                       technical criterion discussed above.                  existing SFP piping using the diesel-
                                              accomplished by natural circulation of                     In SECY–00–0145, ‘‘Integrated                      driven fire service pump, and using a
                                              air through the uncovered spent fuel                    Rulemaking Plan for Nuclear Power                     diesel-driven portable pump to take
                                                                                                      Plant Decommissioning,’’ dated June 28,               suction from CR–3 intake and discharge
                                              assemblies. The licensee’s analysis of
                                                                                                      2000, and SECY–01–0100, ‘‘Policy                      canals. These strategies will be
                                              this accident shows that as of September
                                                                                                      Issues Related to Safeguards, Insurance,              maintained by a license condition. The
                                              26, 2013, air-cooling of the spent fuel
                                                                                                      and Emergency Preparedness                            licensee also stated that, considering the
                                              assemblies is sufficient to keep the fuel
                                                                                                      Regulations at Decommissioning                        very low-probability of beyond design-
                                              within a safe temperature range
                                                                                                      Nuclear Power Plants Storing Fuel in                  basis accidents affecting the SFP, these
                                              indefinitely without fuel damage or
                                                                                                      Spent Fuel Pools,’’ dated June 4, 2001                diverse strategies provide defense-in-
                                              offsite radiological release. This is
                                                                                                      (ADAMS Accession Nos. ML003721626                     depth and time to mitigate and prevent
                                              important because the Commission has
                                                                                                      and ML011450420, respectively), the                   a zirconium fire, using makeup or spray
                                              previously authorized a lesser amount
                                                                                                      staff discussed additional information                into the SFP before the onset of
                                              of liability insurance coverage, based on               concerning SFP zirconium fire risks at                zirconium cladding rapid oxidation.
                                              an analysis of the zirconium fire risk. In              decommissioning reactors and                             In the NRC safety evaluation of the
                                              SECY–93–127, ‘‘Financial Protection                     associated implications for offsite                   licensee’s request for exemptions from
                                              Required of Licensees of Large Nuclear                  insurance. Analyzing when the spent                   certain emergency planning
                                              Power Plants During                                     fuel stored in the SFP is capable of air-             requirements dated March 30, 2015
                                              Decommissioning,’’ dated May 10, 1993                   cooling is one measure that                           (ADAMS Accession No. ML15058A906),
                                              (ADAMS Accession No. ML12257A628),                      demonstrates when the probability of a                the NRC staff assessed the DEF accident
                                              the staff outlined a policy for reducing                zirconium fire would be exceedingly                   analyses associated with the
                                              required liability insurance coverage for               low. However, the staff has more                      radiological risks from a zirconium fire
                                              decommissioning reactors. The                           recently used an additional analysis that             at the permanently shutdown and
                                              discussions in SECY–93–127 centered                     would bound an incomplete drain-down                  defueled CR–3 site. The NRC staff
                                              primarily on the public health and                      of the SFP water inventory or some                    confirmed that under conditions where
                                              safety risks associated with storing fuel               other catastrophic event, such as a                   cooling airflow can develop, suitably
                                              in spent fuel pools. In its Staff                       complete drainage of the SFP with                     conservative calculations indicate that
                                              Requirements Memorandum dated July                      rearrangement of spent fuel rack                      as of September 2013, the fuel would
                                              13, 1993 (ADAMS Accession No.                           geometry and/or the addition of rubble                remain at temperatures where the
                                              ML003760936), the Commission                            to the SFP. The analysis postulates that              cladding would be undamaged for an
                                              approved a policy that would permit                     decay heat transfer from the spent fuel               unlimited period. For the very unlikely
                                              reductions in commercial liability                      via conduction, convection, or radiation              beyond design-basis accident scenario
                                              insurance coverage when a licensee was                  would be impeded. This analysis is                    where the SFP coolant inventory is lost
                                              able to demonstrate that the spent fuel                 often referred to as an adiabatic heat-up.            in such a manner that all methods of
                                              could be air-cooled if the SFP was                         The licensee’s analyses referenced in              heat removal from the spent fuel are no
                                              drained of water. Upon demonstration                    its exemption request demonstrates that               longer available, there will be a
                                              of this technical criterion, the                        under conditions where the SFP water                  minimum of 10 hours from the
                                              Commission policy allowed                               inventory has drained and only air-                   initiation of the accident until the
                                              decommissioning licensees to withdraw                   cooling of the stored irradiated fuel is              cladding reaches a temperature where
                                              from participation in the secondary                     available, there is reasonable assurance              offsite radiological release might occur.
                                              insurance protection layer, and                         as of September 26, 2013, that the CR–                The staff finds that 10 hours is sufficient
                                              permitted reductions in the required                    3 spent fuel will remain at temperatures              time to support deployment of
                                              amount of commercial liability                          far below those associated with a                     mitigation equipment, consistent with
                                              insurance coverage to $100 million. The                 significant radiological release. In                  plant conditions, to prevent the
                                              staff has used this technical criterion to              addition, the licensee’s adiabatic heat-              zirconium cladding from reaching a
                                              grant similar exemptions to other                       up analyses demonstrate that as of                    point of rapid oxidation.
                                              decommissioning reactor licensees (e.g.,                September 26, 2103, there would be at                    The staff has determined that the
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                                              Maine Yankee Atomic Power Station,                      least 10 hours after the loss of all means            licensee’s proposed reduction in
                                              published in the Federal Register on                    of cooling (both air and/or water), before            primary offsite liability coverage to a
                                              January 19, 1999 (64 FR 2920); Zion                     the spent fuel cladding would reach a                 level of $100 million, and the licensee’s
                                              Nuclear Power Station, published in the                 temperature where the potential for a                 proposed withdrawal from participation
                                              Federal Register on December 28, 1999                   significant offsite radiological release              in the secondary insurance pool for
                                              (64 FR 72700), and Kewaunee Power                       could occur. The licensee states that for             offsite financial protection, are
                                              Station, published in the Federal                       this loss of all cooling scenario, 10                 consistent with the policy established in


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                                                                            Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices                                               26103

                                              SECY–93–127 and subsequent                              could be problematic for DEF because                  requirements from which an exemption
                                              insurance considerations resulting from                 the licensee would incur financial                    is sought involve surety, insurance, or
                                              additional zirconium fire risks, as                     liability if an extraordinary nuclear                 indemnity requirements.
                                              discussed in SECY–00–0145 and SECY–                     incident occurred at another nuclear                     The Director, Division of Operating
                                              01–0100. In addition, the NRC staff                     power plant. Because CR–3 is                          Reactor Licensing, Office of Nuclear
                                              noted that there is a well-established                  permanently shut down, it does not                    Reactor Regulation, has determined that
                                              precedent of granting a similar                         produce revenue from electricity                      approval of the exemption request
                                              exemption to other permanently                          generation sales to cover such a liability.           involves no significant hazards
                                              shutdown and defueled power reactors                    Therefore, such liability, if incurred,               consideration, because reducing a
                                              upon demonstration that the criterion of                could significantly affect the financial              licensee’s offsite liability requirements
                                              the zirconium fire risks from the                       resources available to the facility to                at CR–3 does not (1) involve a
                                              irradiated fuel stored in the SFP is of                 conduct and complete radiological                     significant increase in the probability or
                                              negligible concern.                                     decontamination and decommissioning                   consequences of an accident previously
                                                                                                      activities. Furthermore, the shared                   evaluated; (2) create the possibility of a
                                              A. Authorized by Law
                                                                                                      financial risk exposure to DEF is greatly             new or different kind of accident from
                                                In accordance with 10 CFR 140.8, the                  disproportionate to the radiological risk             any accident previously evaluated; or
                                              Commission may grant exemptions from                    posed by CR–3 when compared to                        (3) involve a significant reduction in a
                                              the regulations in 10 CFR part 140 as the               operating reactors.                                   margin of safety. The exempted
                                              Commission determines are authorized                       The reduced overall risk to the public             financial protection regulation is
                                              by law. The NRC staff has determined                    at decommissioning power plants does                  unrelated to the operation of CR–3.
                                              that granting of the licensee’s proposed                not warrant DEF to carry full operating               Accordingly, there is no significant
                                              exemption will not result in a violation                reactor insurance coverage after the                  change in the types or significant
                                              of the Atomic Energy Act of 1954,                       requisite spent fuel-cooling period has               increase in the amounts of any effluents
                                              Section 170, or other laws, as amended,                 elapsed, following final reactor                      that may be released offsite, and no
                                              which require licensees to maintain                     shutdown. The licensee’s proposed                     significant increase in individual or
                                              adequate financial protection.                          financial protection limits will maintain             cumulative public or occupational
                                              Therefore, the exemption is authorized                  a level of liability insurance coverage               radiation exposure. The exempted
                                              by law.                                                 commensurate with the risk to the                     regulation is not associated with
                                              B. Is Otherwise in the Public Interest                  public. These changes are consistent                  construction, so there is no significant
                                                                                                      with previous NRC policy and                          construction impact. The exempted
                                                 The financial protection limits of 10                exemptions approved for other
                                              CFR 140.11 were established to require                                                                        regulation does not concern the source
                                                                                                      decommissioning reactors. Thus, the                   term (i.e., potential amount of radiation
                                              licensees to maintain sufficient offsite                underlying purpose of the regulations
                                              liability insurance to ensure adequate                                                                        in an accident) or mitigation. Therefore,
                                                                                                      will not be adversely affected by the                 there is no significant increase in the
                                              funding for offsite liability claims,                   reductions in insurance coverage.
                                              following an accident at an operating                                                                         potential for, or consequences of, a
                                                                                                         Accordingly, the NRC staff concludes
                                              reactor. However, the regulation does                                                                         radiological accident. In addition, there
                                                                                                      that granting the exemption from 10
                                              not consider the reduced potential for                                                                        would be no significant impacts to
                                                                                                      CFR 140.11(a)(4) is in the public
                                              and consequence of nuclear incidents at                                                                       biota, water resources, historic
                                                                                                      interest.
                                              permanently shutdown and                                                                                      properties, cultural resources, or
                                              decommissioning reactors.                               C. Environmental Considerations                       socioeconomic conditions in the region.
                                                 SECY–93–127, SECY–00–0145, and                          The NRC approval of the exemption                  The requirement for offsite liability
                                              SECY–01–0100 provide a basis for                        to insurance or indemnity requirements                insurance may be viewed as involving
                                              allowing licensees of decommissioning                   belongs to a category of actions that the             surety, insurance, or indemnity matters.
                                              plants to reduce their primary offsite                  Commission, by rule or regulation, has                   Therefore, pursuant to 10 CFR
                                              liability insurance and to withdraw                     declared to be a categorical exclusion,               51.22(b) and 51.22(c)(25), no
                                              from participation in the retrospective                 after first finding that the category of              environmental impact statement or
                                              rating pool for deferred premium                        actions does not individually or                      environmental assessment need be
                                              charges. As discussed in these                          cumulatively have a significant effect on             prepared in connection with the
                                              documents, once the zirconium fire                      the human environment. Specifically,                  approval of this exemption request.
                                              concern is determined to be negligible,                 the exemption is categorically excluded               IV. Conclusions
                                              possible accident scenario risks at                     from further analysis in accordance with
                                              permanently shutdown and defueled                       10 CFR 51.22(c)(25).                                     Accordingly, the Commission has
                                              reactors are greatly reduced when                          Under 10 CFR 51.22(c)(25), granting                determined that, pursuant to 10 CFR
                                              compared to operating reactors, and the                 of an exemption from the requirements                 140.8, the exemption is authorized by
                                              associated potential for offsite financial              of any regulation of Chapter I to 10 CFR              law, and is otherwise in the public
                                              liabilities from an accident are                        is a categorical exclusion provided that              interest. Therefore, the Commission
                                              commensurately less. The licensee has                   i) there is no significant hazards                    hereby grants DEF exemption from the
                                              analyzed, and the NRC staff has                         consideration; ii) there is no significant            requirements of 10 CFR 140.11(a)(4) to
                                              confirmed, that the possible accidents                  change in the types or significant                    permit the licensee to reduce primary
                                              that could result in an offsite                         increase in the amounts of any effluents              offsite liability insurance to $100
                                              radiological risk are minimal, thereby                  that may be released offsite; iii) there is           million, accompanied by withdrawal
                                                                                                                                                            from participation in the secondary
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                                              justifying the proposed reductions in                   no significant increase in individual or
                                              offsite liability insurance and                         cumulative public or occupational                     insurance pool for offsite liability
                                              withdrawal from participation in the                    radiation exposure; iv) there is no                   insurance.
                                              secondary retrospective rating pool for                 significant construction impact; v) there                The exemption is effective upon
                                              deferred premium charges.                               is no significant increase in the                     issuance.
                                                 Additionally, participation in the                   potential for or consequences from                      Dated at Rockville, Maryland, this 27th day
                                              secondary retrospective rating pool                     radiological accidents; and vi) the                   of April, 2015.



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                                              26104                                   Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Notices

                                                For the Nuclear Regulatory Commission.                                information regarding this document.                                    SUPPLEMENTARY INFORMATION:     On
                                              A. Louise Lund,                                                         You may obtain publicly-available                                       September 20, 2007, the NRC received
                                              Acting Director, Division of Operating Reactor                          information related to this document                                    a COL application from STPNOC, filed
                                              Licensing, Office of Nuclear Reactor                                    using any of the following methods:                                     pursuant to Section 103 of the Atomic
                                              Regulation.                                                                • Federal Rulemaking Web site: Go to                                 Energy Act of 1954, as amended, and
                                              [FR Doc. 2015–10494 Filed 5–5–15; 8:45 am]                              http://www.regulations.gov and search                                   part 52 of Title 10 of the Code of Federal
                                              BILLING CODE 7590–01–P                                                  for Docket ID NRC–2008–0091. Address                                    Regulations (10 CFR), ‘‘Licenses,
                                                                                                                      questions about NRC dockets to Carol                                    Certifications, and Approvals for
                                                                                                                      Gallagher; telephone: 301–415–3463;                                     Nuclear Power Plants,’’ to construct and
                                              NUCLEAR REGULATORY                                                      email: Carol.Gallagher@nrc.gov. For                                     operate two additional units (Units 3
                                              COMMISSION                                                              technical questions, contact the                                        and 4) at the STP Electric Generating
                                              [Docket Nos. 52–012 and 52–013; NRC–
                                                                                                                      individual listed in the FOR FURTHER                                    Station site in Matagorda County near
                                              2008–0091]                                                              INFORMATION CONTACT section of this                                     Bay City, Texas. The additional units
                                                                                                                      document.                                                               are based on the U.S. Advanced Boiling
                                              Nuclear Innovation North America                                           • NRC’s Agencywide Documents                                         Water Reactor design, which is certified
                                              LLC; South Texas Project, Units 3                                       Access and Management System                                            in 10 CFR part 52, appendix A. The
                                              and 4                                                                   (ADAMS): You may obtain publicly                                        NRC published a notice of receipt and
                                                                                                                      available documents online in the                                       availability for an application for a COL
                                              AGENCY:  Nuclear Regulatory                                             ADAMS Public Documents collection at                                    in the Federal Register on December 5,
                                              Commission.                                                             http://www.nrc.gov/reading-rm/                                          2007 (72 FR 68597). In a letter dated
                                              ACTION: Combined license application;                                   adams.html. To begin the search, select                                 January 19, 2011, STPNOC notified the
                                              availability.                                                           ‘‘ADAMS Public Documents’’ and then                                     NRC that, effective January 24, 2011,
                                                                                                                      select ‘‘Begin Web-based ADAMS                                          NINA became the lead applicant for
                                              SUMMARY:   On September 20, 2007,                                       Search.’’ For problems with ADAMS,                                      STP, Units 3 and 4. As such, NINA
                                              South Texas Project Nuclear Operating                                   please contact the NRC’s Public                                         assumed responsibility for the design,
                                              Company (STPNOC) submitted to the                                       Document Room (PDR) reference staff at                                  construction and licensing of STP, Units
                                              U.S. Nuclear Regulatory Commission                                      1–800–397–4209, 301–415–4737, or by                                     3 and 4. The application is currently
                                              (NRC) an application for combined                                       email to pdr.resource@nrc.gov. The                                      under review by the NRC.
                                              licenses (COLs) for two additional units                                ADAMS accession number for each                                            An applicant may seek a COL in
                                              (Units 3 and 4) at the South Texas                                      document referenced (if it available in                                 accordance with subpart C of 10 CFR
                                              Project (STP) Electric Generating Station                               ADAMS) is provided the first time that                                  part 52. The information submitted by
                                              site in Matagorda County near Bay City,                                 a document is referenced. For the                                       the applicant includes certain
                                              Texas. The NRC published a notice of                                    convenience of the reader, the ADAMS                                    administrative information, such as
                                              receipt and availability for this COL                                   accession numbers are provided in a                                     financial qualifications submitted
                                              application in the Federal Register on                                  table in the ‘‘Availability of Documents’’                              pursuant to 10 CFR 52.77, as well as
                                              December 5, 2007. In a letter dated                                     section of this document.                                               technical information submitted
                                              January 19, 2011, STPNOC notified the                                      • NRC’s PDR: You may examine and                                     pursuant to 10 CFR 52.79. This notice
                                              NRC that, effective January 24, 2011,                                   purchase copies of public documents at                                  is being provided in accordance with
                                              Nuclear Innovation North America LLC                                    the NRC’s PDR, Room O1–F21, One                                         the requirements in 10 CFR 50.43(a)(3).
                                              (NINA) became the lead applicant for                                    White Flint North, 11555 Rockville
                                              STP, Units 3 and 4. This notice is being                                Pike, Rockville, Maryland 20852.                                        Availability of Documents
                                              published to notify the public of the                                   FOR FURTHER INFORMATION CONTACT: Tom                                       The documents identified in the
                                              availability of the COL application for                                 Tai, telephone: 301–415–8484, email:                                    following table are available to
                                              STP, Units 3 and 4.                                                     Tom.Tai@nrc.gov; or Luis Betancourt,                                    interested persons through the ADAMS
                                              DATES: The COL application is available                                 telephone: 301–415–6145, email:                                         Public Documents collection. A copy of
                                              on May 6, 2015.                                                         Luis.Betancourt@nrc.gov. Both are staff                                 the COL application is also available for
                                              ADDRESSES: Please refer to Docket ID                                    of the Office of New Reactors, U.S.                                     public inspection at the NRC’s PDR and
                                              NRC–2008–0091 when contacting the                                       Nuclear Regulatory Commission,                                          at http://www.nrc.gov/reactors/new-
                                              NRC about the availability of                                           Washington, DC 20555–0001.                                              reactors/col.html.

                                                                                                                                                                                                                                       Adams Accession
                                                                                                                                 Document                                                                                                   No.

                                              South Texas Project, Units 3 and 4, Combined License Application, Revision 0, September 20, 2007 .....................................                                                      ML072830407
                                              South Texas Project, Units 3 and 4, Supplement to Combined License Application ‘‘Safeguards Information,’’ Part 8, Revi-
                                                sion 0, September 26, 2007 ......................................................................................................................................................         ML072740461
                                              South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, October 15, 2007 ..................                                                              ML072960352
                                              South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, October 18, 2007 ..................                                                              ML072960489
                                              South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, November 13, 2007 ..............                                                                 ML073200992
                                              South Texas Project, Units 3 and 4, Supplement to Combined License Application Revision 0, November 21, 2007 ..............                                                                 ML073310616
                                              South Texas Project, Units 3 and 4, Combined License Application, Revision 1, January 31, 2008 ..........................................                                                   ML080700399
                                              South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’
tkelley on DSK3SPTVN1PROD with NOTICES




                                                Part 8, Revision 1, January 31, 2008 ........................................................................................................................................             ML080420090
                                              South Texas Project, Units 3 and 4, Combined License Application, Revision 2, September 24, 2008 .....................................                                                      ML082830938
                                              South Texas Project, Units 3 and 4, Submittal of Supplement to Combined License Application ‘‘Safeguards Information,’’
                                                Part 8, Revision 2, September 24, 2008 ...................................................................................................................................                ML082730700
                                              South Texas Project, Units 3 and 4, Submittal of Combined License Application, ‘‘Proprietary Information,’’ Part 10, Revision
                                                2, December 11, 2008 ...............................................................................................................................................................      ML083530131
                                              South Texas Project, Units 3 and 4, Combined License Application, Revision 3, September 16, 2009 .....................................                                                      ML092930393



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Document Created: 2015-12-16 07:41:45
Document Modified: 2015-12-16 07:41:45
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.
DatesMay 6, 2015.
ContactMichael D. Orenak, Office of Nuclear Reactor Regulation, telephone: 301-415-3229, email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation80 FR 26100 

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