80 FR 45003 - ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range		45003-45005
FR Document		2015-18474
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from certain emergency planning requirements in response to a May 27, 2014, request from ZionSolutions, LLC. The exemptions remove requirements that are no longer applicable since all the fuel has been transferred from the spent fuel pool to an independent spent fuel storage installation (ISFSI).
Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Notices]
[Pages 45003-45005]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18474]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-295 and 50-304; NRC-2015-0168]


ZionSolutions, LLC, Zion Nuclear Power Station, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from certain emergency planning requirements in response to a 
May 27, 2014, request from ZionSolutions, LLC. The exemptions remove 
requirements that are no longer applicable since all the fuel has been 
transferred from the spent fuel pool to an independent spent fuel 
storage installation (ISFSI).

ADDRESSES: Please refer to Docket ID NRC-2015-0168 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0168. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if that document 
is available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John B. Hickman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3017, email: 
[email protected].

I. Background

    In section 50.47 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Emergency plans,'' provides in part, ``. . . no initial 
operating license for a nuclear power reactor will be issued unless a 
finding is made by the NRC that there is reasonable assurance that 
adequate protective measures can and will be taken in the event of a 
radiological emergency.'' Appendix E to 10 CFR part 50, ``Emergency 
Planning and Preparedness for Production and Utilization Facilities,'' 
provides in part, ``This appendix establishes minimum requirements for 
emergency plans for use in attaining an acceptable state of emergency 
preparedness.''
    Zion Nuclear Power Station (ZNPS), Units 1 and 2 were permanently 
shut down in February 1998, for economic reasons. The licensee placed 
the plant in SAFSTOR, which means that the licensee deferred 
dismantling and decontamination of the facility while maintaining and 
monitoring the facility in a condition that allowed radioactivity to 
decay. The licensee isolated the spent fuel pool (SFP) within its Fuel 
Building and established a spent fuel pool nuclear island with SFP-
dedicated support systems. In 1999, the NRC issued an exemption from 
certain requirements of 10 CFR part 50 for the ZNPS licensee to 
discontinue offsite emergency planning activities and to reduce the 
scope of onsite emergency planning. In September 2010, the licensed 
ownership, management authorities, and decommissioning trust fund of 
the permanently shutdown facility was transferred to ZionSolutions 
(ZS), a subsidiary of EnergySolutions, for the purpose of completing 
all decommissioning activities with the end goal of full site 
restoration. Active decommissioning is currently underway. As of 
January 12, 2015, all of the spent fuel at the ZNPS had been 
transferred to the ZNPS ISFSI.

II. Request/Action

    By letter dated May 27, 2014, (ADAMS Accession No. ML14148A295), ZS 
submitted a ``License Amendment Request for Proposed Revision to Zion 
Nuclear Power Station Defueled Station Emergency Plan and Request for 
Exemption from Certain Requirements of 10 CFR 50.47, and 10 CFR part 
50, appendix E.'' The amendment request was addressed separately by the 
NRC in a letter dated May 14, 2015 (ADAMS Accession No. ML15092A380).

III. Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present.
    The NRC staff reviewed the licensee's request and determined that 
exemptions should be granted, or continue to be granted, from the 
following requirements: The requirements of 10 CFR 50.47(b)(10); the 
requirement: ``By June 20, 2012, nuclear power reactor,'' and ``within 
15 minutes,'' and to protect public health and safety provided that any 
delay in declaration does not deny the State and local authorities the 
opportunity to implement measures

[[Page 45004]]

necessary to protect the public health and safety,'' of 10 CFR part 50, 
appendix E, section IV.C.2; the requirement: ``and agreements reached 
with these officials and agencies for the prompt notification of the 
public and for public evacuation or other protective measures, should 
they become necessary,'' and ``of the appropriate officials, by title 
and agency,'' and ``within the EPZs,'' of 10 CFR part 50, appendix E, 
section IV.D.1; the requirement: ``onsite technical support center and 
an emergency operations,'' of 10 CFR part 50, appendix E, section IV.E 
8.a.(i); the requirements of 10 CFR part 50, appendix E, section 
IV.E.9.c; the requirement: ``from the nuclear power reactor control 
room, the onsite technical support center, and the emergency operations 
facility,'' of 10 CFR part 50, appendix E, section IV.E.9.d; the 
requirement: ``including control room shift personnel,'' of 10 CFR part 
50, appendix E, section IV.F.1.ii; the requirements of 10 CFR part 50, 
appendix E, section IV.F.1.viii; the requirement: ``/Civil Defense,'' 
and ``local news media persons,'' of 10 CFR part 50, appendix E, 
section IV.F.1; the requirements of 10 CFR part 50, appendix E, section 
IV.F.2.a; including subsections IV.F.2.a.(i), IV.F.2.a.(ii), and 
IV.F.2.a.(iii); the requirement: ``Nuclear power reactor licensees 
shall submit exercise scenarios under 10 CFR 50.4 at least 60 days 
before use in an exercise required by this paragraph 2.b. The exercise 
may be included in the full participation biennial exercise required by 
paragraph 2.c. of this section,'' and ``and offsite,'' and ``protective 
action recommendation development, protective action decision making, 
plant,'' and ``(Technical Support Center (TSC), Operations Support 
Center (OSC), and the Emergency Operations Facility (EOF)),'' of 10 CFR 
part 50, appendix E, section IV.F.2.b.
    The exemption request was reviewed against the acceptance criteria 
included in 10 CFR 50.47, appendix E to 10 CFR part 50, 10 CFR 72.32 
and Spent Fuel Project Office Interim Staff Guidance--16, ``Emergency 
Planning'' (ADAMS Accession No. ML003724570). The review considered the 
permanently shutdown and defueled status of the reactor with all fuel 
transferred to the ISFSI, and the low likelihood of any credible 
accident resulting in radiological releases requiring offsite 
protective measures. These evaluations are documented in the NRC staff 
Safety Evaluation Report (ADAMS Accession No. ML15140A563). The staff 
concludes that the Defueled Station Emergency Plan for ZNPS provides: 
(1) An adequate basis for an acceptable state of emergency 
preparedness, and (2) in conjunction with arrangements made with 
offsite response agencies, provides reasonable assurance that adequate 
protective measures can and will be taken in the event of a 
radiological emergency at the ZNPS Site.
    The Commission has concluded that the licensee's request for an 
exemption from certain requirements of 10 CFR 50.47(b) and 10 CFR part 
50, appendix E, section IV as specified above are acceptable in view of 
the greatly reduced offsite radiological consequences associated with 
the current plant status as permanently shutdown with all spent fuel in 
the ISFSI.
    The NRC has determined that other requirements from which ZS 
requested exemptions were not applicable to the ZNPS or are being met 
by the ZNPS Defueled Station Emergency Plan, or that an exemption was 
not appropriate. Therefore, an exemption was not necessary or was 
denied for those requirements.

A. Exemption Is Authorized by Law

    The NRC has found that ZS meets the criteria for an exemption in 10 
CFR 50.12. The NRC has determined that granting the exemption will not 
result in a violation of the Atomic Energy Act of 1954, as amended, or 
the Commission's regulations. Therefore, the exemption is authorized by 
law.

B. The Exemption Presents No Undue Risk to Public Health and Safety and 
Is Consistent With the Common Defense and Security

    In the Safety Evaluation Report, the NRC staff explains that ZS's 
implementation of the ZNPS Defueled Station Emergency Plan, with the 
exemptions, will continue to provide this reasonable assurance of 
adequate protection. In addition, the requested exemptions only involve 
EP requirements under 10 CFR part 50. Physical security measures at 
ZNPS will not be affected by the requested EP exemptions, and granting 
the exemptions will not adversely affect ZS's ability to physically 
secure the site or protect special nuclear material. Thus, granting the 
exemptions will not present an undue risk to public health or safety 
and is not inconsistent with the common defense and security.

C. Special Circumstances Are Present

    For the Commission to grant an exemption, special circumstances 
must exist. Under 10 CFR 50.12(a)(2)(ii), special circumstances are 
present when ``[a]pplication of the regulation in the particular 
circumstances would not serve the underlying purpose of the rule or is 
not necessary to achieve the underlying purpose of the rule.'' These 
special circumstances exist here, given the current plant status as 
permanently shutdown with all spent fuel in the ISFSI. The NRC has 
determined that ZS's compliance with the regulations listed above is 
not necessary for the licensee to demonstrate that, under its emergency 
plan, there is reasonable assurance that adequate protective measures 
can and will be taken in the event of a radiological emergency. 
Consequently, special circumstances are present because requiring ZS to 
comply with the regulations listed above is not necessary to achieve 
the underlying purpose of the EP regulations.

D. Environmental Considerations

    Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental 
assessment and finding of no significant impact related to this 
exemption was published in the Federal Register on July 16, 2015 (80 FR 
42129). Based upon the environmental assessment, the Commission has 
determined that issuance of this exemption will not have a significant 
effect on the quality of the human environment.

IV. Conclusion

    The NRC staff reviewed the licensee's submittals and concludes that 
the licensee's request for an exemption from certain requirements of 10 
CFR 50.47(b) and appendix E to10 CFR part 50 as specified above are 
acceptable in view of the greatly reduced offsite radiological 
consequences associated with the current plant status as permanently 
shut down.
    The Commission has determined that, pursuant to 10 CFR 50.12, the 
exemptions are authorized by law, will not present an undue risk to the 
public health and safety, are consistent with the common defense and 
security, and special circumstances are present in that compliance with 
the specified regulations is not necessary for reasonable assurance 
that adequate protective measures can and will be taken in the event of 
a radiological emergency at the ZNPS facility based on its permanently 
shut-down condition.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 20th day of July, 2015.


[[Page 45005]]


    For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-18474 Filed 7-27-15; 8:45 am]
 BILLING CODE 7590-01-P
45004 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices

necessary to protect the public health basis for an acceptable state of particular circumstances would not
and safety,’’ of 10 CFR part 50, appendix emergency preparedness, and (2) in serve the underlying purpose of the rule
E, section IV.C.2; the requirement: ‘‘and conjunction with arrangements made or is not necessary to achieve the
agreements reached with these officials with offsite response agencies, provides underlying purpose of the rule.’’ These
and agencies for the prompt notification reasonable assurance that adequate special circumstances exist here, given
of the public and for public evacuation protective measures can and will be the current plant status as permanently
or other protective measures, should taken in the event of a radiological shutdown with all spent fuel in the
they become necessary,’’ and ‘‘of the emergency at the ZNPS Site. ISFSI. The NRC has determined that
appropriate officials, by title and The Commission has concluded that ZS’s compliance with the regulations
agency,’’ and ‘‘within the EPZs,’’ of 10 the licensee’s request for an exemption
listed above is not necessary for the
CFR part 50, appendix E, section IV.D.1; from certain requirements of 10 CFR
licensee to demonstrate that, under its
the requirement: ‘‘onsite technical 50.47(b) and 10 CFR part 50, appendix
E, section IV as specified above are emergency plan, there is reasonable
support center and an emergency
acceptable in view of the greatly assurance that adequate protective
operations,’’ of 10 CFR part 50,
reduced offsite radiological measures can and will be taken in the
appendix E, section IV.E 8.a.(i); the
requirements of 10 CFR part 50, consequences associated with the event of a radiological emergency.
appendix E, section IV.E.9.c; the current plant status as permanently Consequently, special circumstances are
requirement: ‘‘from the nuclear power shutdown with all spent fuel in the present because requiring ZS to comply
reactor control room, the onsite ISFSI. with the regulations listed above is not
technical support center, and the The NRC has determined that other necessary to achieve the underlying
emergency operations facility,’’ of 10 requirements from which ZS requested purpose of the EP regulations.
CFR part 50, appendix E, section exemptions were not applicable to the
D. Environmental Considerations
IV.E.9.d; the requirement: ‘‘including ZNPS or are being met by the ZNPS
control room shift personnel,’’ of 10 Defueled Station Emergency Plan, or Pursuant to 10 CFR 51.21, 51.32, and
CFR part 50, appendix E, section that an exemption was not appropriate. 51.35, an environmental assessment and
IV.F.1.ii; the requirements of 10 CFR Therefore, an exemption was not finding of no significant impact related
part 50, appendix E, section IV.F.1.viii; necessary or was denied for those to this exemption was published in the
the requirement: ‘‘/Civil Defense,’’ and requirements. Federal Register on July 16, 2015 (80 FR
‘‘local news media persons,’’ of 10 CFR A. Exemption Is Authorized by Law 42129). Based upon the environmental
part 50, appendix E, section IV.F.1; the assessment, the Commission has
requirements of 10 CFR part 50, The NRC has found that ZS meets the
criteria for an exemption in 10 CFR determined that issuance of this
appendix E, section IV.F.2.a; including exemption will not have a significant
subsections IV.F.2.a.(i), IV.F.2.a.(ii), and 50.12. The NRC has determined that
granting the exemption will not result in effect on the quality of the human
IV.F.2.a.(iii); the requirement: ‘‘Nuclear
a violation of the Atomic Energy Act of environment.
power reactor licensees shall submit
exercise scenarios under 10 CFR 50.4 at 1954, as amended, or the Commission’s IV. Conclusion
least 60 days before use in an exercise regulations. Therefore, the exemption is
required by this paragraph 2.b. The authorized by law. The NRC staff reviewed the licensee’s
exercise may be included in the full B. The Exemption Presents No Undue submittals and concludes that the
participation biennial exercise required Risk to Public Health and Safety and Is licensee’s request for an exemption from
by paragraph 2.c. of this section,’’ and Consistent With the Common Defense certain requirements of 10 CFR 50.47(b)
‘‘and offsite,’’ and ‘‘protective action and Security and appendix E to10 CFR part 50 as
recommendation development, In the Safety Evaluation Report, the specified above are acceptable in view
protective action decision making, NRC staff explains that ZS’s of the greatly reduced offsite
plant,’’ and ‘‘(Technical Support Center implementation of the ZNPS Defueled radiological consequences associated
(TSC), Operations Support Center Station Emergency Plan, with the with the current plant status as
(OSC), and the Emergency Operations exemptions, will continue to provide permanently shut down.
Facility (EOF)),’’ of 10 CFR part 50, this reasonable assurance of adequate The Commission has determined that,
appendix E, section IV.F.2.b. protection. In addition, the requested pursuant to 10 CFR 50.12, the
The exemption request was reviewed exemptions only involve EP exemptions are authorized by law, will
against the acceptance criteria included requirements under 10 CFR part 50. not present an undue risk to the public
in 10 CFR 50.47, appendix E to 10 CFR Physical security measures at ZNPS will health and safety, are consistent with
part 50, 10 CFR 72.32 and Spent Fuel not be affected by the requested EP the common defense and security, and
Project Office Interim Staff Guidance— exemptions, and granting the special circumstances are present in that
16, ‘‘Emergency Planning’’ (ADAMS exemptions will not adversely affect compliance with the specified
Accession No. ML003724570). The ZS’s ability to physically secure the site
review considered the permanently regulations is not necessary for
or protect special nuclear material. reasonable assurance that adequate
shutdown and defueled status of the Thus, granting the exemptions will not
reactor with all fuel transferred to the protective measures can and will be
present an undue risk to public health
ISFSI, and the low likelihood of any taken in the event of a radiological
asabaliauskas on DSK5VPTVN1PROD with NOTICES

or safety and is not inconsistent with
credible accident resulting in emergency at the ZNPS facility based on
the common defense and security.
radiological releases requiring offsite its permanently shut-down condition.
protective measures. These evaluations C. Special Circumstances Are Present This exemption is effective upon
are documented in the NRC staff Safety For the Commission to grant an issuance.
Evaluation Report (ADAMS Accession exemption, special circumstances must
Dated at Rockville, Maryland, this 20th day
No. ML15140A563). The staff concludes exist. Under 10 CFR 50.12(a)(2)(ii),
of July, 2015.
that the Defueled Station Emergency special circumstances are present when
Plan for ZNPS provides: (1) An adequate ‘‘[a]pplication of the regulation in the

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Document Created: 2018-02-23 09:28:27
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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Exemption; issuance.
Contact		John B. Hickman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3017, email: [email protected]
FR Citation		80 FR 45003