80 FR 81872 - Entergy Operations, Inc.; Vermont Yankee Nuclear Power Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 251 (December 31, 2015)
Federal Register Volume 80, Issue 251 (December 31, 2015)
| Page Range | 81872-81875 | |
| FR Document | 2015-32932 |
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)] [Notices] [Pages 81872-81875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32932] [[Page 81872]] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-271; NRC-2015-0111] Entergy Operations, Inc.; Vermont Yankee Nuclear Power Station AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing exemptions in response to a February 13, 2015, request from Entergy Nuclear Operations, Inc. (ENO or the licensee). The licensee requested that Vermont Yankee Nuclear Power Station (Vermont Yankee) be granted a permanent partial exemption from regulations that require retention of records for certain systems, structures, and components (SSCs) until the termination of the operating license. ADDRESSES: Please refer to Docket ID NRC-2015-0111 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-2015-0111. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: James Kim, Office of Nuclear Reactor Regulation, telephone: 301-415-4125; email: [email protected]; U.S. Nuclear Regulatory Commission, Washington DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Background Vermont Yankee is a single unit General Electric 4, Mark 1 Boiling Water Reactor located in Vernon, Vermont. Vermont Yankee was granted Operating License No. DPR-28 under part 50 of title 10 of the Code of Federal Regulations (10 CFR) on March 21, 1972, and subsequently shut down on December 29, 2014. The operating license for Vermont Yankee is held by ENO. On January 12, 2015, ENO submitted the certifications, pursuant to 10 CFR 50.82(a)(1), of permanent cessation of operations and permanent removal of fuel from the reactor (ADAMS Accession No. ML15013A426). Decommissioning activities will be carried out by Entergy Nuclear Vermont Yankee, and are described in the Post Shutdown Decommissioning Activities Report submitted to the NRC on December 19, 2014 (ADAMS Accession No. ML14357A110). The SSCs that supported the generation of electric power are being prepared to enter the SAFSTOR phase. Completion of fuel transfer from the spent fuel pool (SFP) to an independent spent fuel storage installation (ISFSI) is scheduled for 2020. Preparation for dismantlement and license termination are scheduled to begin in 2068. II. Request/Action By letter dated February 13, 2015 (ADAMS Accession No. ML15069A439), ENO filed a request for NRC approval of a permanent exemption from the following recordkeeping requirements: 10 CFR part 50, appendix B, Criterion XVII, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c). The request was made pursuant to 10 CFR 50.12, ``Specific exemptions.'' The licensee is requesting NRC approval of an exemption from 10 CFR part 50, appendix B, Criterion XVII, which requires certain records be retained throughout the life of the unit; 10 CFR 50.59(d)(3), which requires records to be maintained ``until the termination of an operating license''; and 10 CFR 50.71(c) where records required by license condition or technical specifications (TS) are to be retained until termination of the license. The licensee proposes that: (1) The need to maintain records for SSCs associated with nuclear power generation will be eliminated when those SSCs are removed from the licensing basis documents, such as TSs or the updated final safety analysis report (UFSAR), by appropriate change mechanisms. (2) The need to maintain records for SSCs associated with safe storage of fuel in the SFP will be eliminated when spent nuclear fuel has been completely transferred from the SFP to dry storage, and the SFP and associated SSCs are removed from licensing basis documents by appropriate change mechanisms. The licensee justifies the request by stating that when the associated SSCs are removed from the licensing basis documents, the SSCs will not serve any function regulated by the NRC. Therefore, the need to retain the records will be, on a practical basis, eliminated. The licensee cites precedents for records retention exemptions granted to Zion Nuclear Power Station, Units 1 and 2 (ADAMS Accession No. ML111260277), Millstone Power Station, Unit No. 1, (ADAMS Accession No. ML070110567), and Haddam Neck Plant (ADAMS Accession No. ML052160088). Records associated with residual radiological activity and with necessary programmatic controls, such as security and quality assurance, are addressed through current licensing documents and are therefore, not affected by the exemption request. Also, the licensee did not request an exemption from records associated with the Vermont Yankee ISFSI, records associated with retention of the spent fuel assemblies, or records associated with decommissioning or dismantlement. In addition, the licensee did not request an exemption from 10 CFR part 50, appendix A, Criterion 1, ``Quality standards and records,'' as had been granted in the cited precedents. Because Vermont Yankee was granted a construction license prior to February 1971, it is not subject to the requirements in 10 CFR part 50, appendix A. 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. Vermont Yankee permanently shut down on December 29, 2014, and subsequently removed the spent fuel from the reactor to the SFP. The nuclear reactor and SSCs associated with the nuclear steam supply system and balance of plant that had supported [[Page 81873]] power generation have been drained as necessary and retired in place. Once these SSCs have been prepared for SAFSTOR, dismantlement, or demolition, they will no longer serve any purpose regulated by the NRC. Subsequently, these SSCs can be removed from NRC licensing basis documents, such as TSs or the UFSAR, by appropriate change mechanisms defined in regulations (e.g. 10 CFR 50.48(f), 10 CFR 50.59, 10 CFR 50.54(a), 10 CFR 50.54(p), or 10 CFR 50.54(q)). At that point, there will be no regulatory need to retain associated records until termination of the license. However, certain records associated with these SSCs, namely records pertaining to residual radioactivity and records pertaining to programmatic controls such as security or quality assurance, will continue to be governed by NRC regulation and addressed in licensing documents, and therefore, are not affected by these exemptions. The SSCs supporting the continued operation of the SFP remain operable at Vermont Yankee and will be configured for operational efficiency until the fuel is removed to permanent dry storage. The records associated with the SFP SSCs will be retained through the SFP's functional life. Similar to other plant SSCs, when the SFP is emptied of fuel, drained, and prepared for demolition, SSCs that support the SFP will be removed from licensing basis documents by appropriate change mechanisms. At that point, there will be no safety-related or regulatory basis to retain the records associated with SFP SSCs. The Exemption is Authorized by Law Section 50.71(d)(2) allows for the granting of specific exemptions to the retention of records required by regulations. Section 50.71(d)(2) states, in part, ``the retention period specified in the regulations in this part for such records shall apply unless the Commission, pursuant to Sec. 50.12 of this part, has granted a specific exemption from the record retention requirements specified in the regulations in this part.'' Based on 10 CFR 50.71(d)(2), if the requirements of 10 CFR 50.12 are satisfied, an exemption from the recordkeeping requirements in 10 CFR part 50, appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c), as requested by the licensee, is authorized by law. Specific Exemption Presents No Undue Risk to Public Health and Safety As SSCs are prepared for SAFSTOR and eventual decommission and dismantlement, they will be removed from NRC licensing basis documents through appropriate change mechanisms, such as through the process stipulated by 10 CFR 50.59 or through a license amendment request approved by the NRC. These change processes involve either a determination by the licensee or an approval by the NRC that the affected SSC no longer serves any safety purpose regulated by the NRC. Therefore, the removal of the SSC would not present an undue risk to the public health and safety. In turn, removal of the records associated with the affected SSC would not cause any additional impact to public health and safety. The partial exemptions from the requested requirements of 10 CFR part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c) are administrative in nature and will have no impact on future decommissioning activities or radiological effluents. The partial exemptions will only advance the schedule for the removal of the records. Because the content of the records pertains to SSCs that have already been removed from licensing basis documents, elimination of the records on an advanced timetable will have no reasonable potential to present any undue risk to the public health and safety. The Exemption is Consistent With the Common Defense and Security The elimination of records associated with SSCs, which have already been removed from NRC licensing basis documents, is administrative in nature, and does not involve information or involve activities that could potentially impact the common defense or security. After the SSCs are removed from NRC licensing basis documents by appropriate change mechanisms, they are determined to no longer serve the purpose of safe operation or maintain conditions that would affect the ongoing health and safety of workers or the public. Therefore, removal of the associated records will also present no potential for impacting the safe operation of the plant or the defense or security of the workers or the public. The exemptions requested are administrative in nature and will merely advance the current schedule for removal of the specified records. Therefore, the partial exemptions from the recordkeeping requirements of 10 CFR part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c), and for the types of records as specified above, are consistent with the common defense and security. Special Circumstances Pursuant to 10 CFR 50.12, the Commission will consider granting an exemption if special circumstances are present. Section 50.12(a)(2)(ii) states, in part, that ``Special circumstance are present whenever ``Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule, or is not necessary to achieve the underlying purpose of the rule.'' Appendix B of 10 CFR part 50, Criterion XVII, states in part: ``Sufficient records shall be maintained to furnish evidence of activities affecting quality. . . . Records shall be identifiable and retrievable.'' Section 50.59(d)(3) states in part: ``The records of changes in the facility must be maintained until the termination of an operating license under this part. . .'' Section 50.71(c), states in part: ``Records that are required by the regulations in this part or 10 CFR part 52 of this chapter, by license condition, or by technical specifications must be retained for the period specified by the appropriate regulation, license condition, or technical specification. If a retention period is not otherwise specified, these records must be retained until the Commission terminates the facility license. . . .'' In the statements of consideration for the final rulemaking, effective July 26, 1988 (53 FR 19240; May 27, 1988) ``Retention Periods for Records,'' as a response to public comments during the rulemaking process, the NRC states that records must be retained ``. . . so they will be available for examination by the Commission in any analysis following an accident, incident, or other problem involving public health and safety . . . [and] . . . for NRC to ensure compliance with the safety and health aspects of the nuclear environment and for the NRC to accomplish its mission to protect the public health and safety.'' The statements of consideration express that the underlying purpose of the recordkeeping rule is to ensure that, in the event of an accident, incident, or condition that could impact public health and safety, the NRC has access to information in the records that would assist in the recovery from the event and prevent similar events or conditions, which would impact health and safety. These regulations do not consider the nature of the decommissioning process, in which safety-related SSCs are retired or disabled, and subsequently removed from NRC licensing basis documents by appropriate change mechanisms prior to the termination of the license. [[Page 81874]] Appropriate removal of an SSC from the licensing basis requires either a determination by the licensee or an approval by the NRC of whether the SSC has the potential to cause an accident, event, or other problem, which would adversely impact the public health and safety. It follows that at a nuclear power generation plant in the decommissioning stage, SSCs that have been retired from service and removed from licensing basis documents have already been determined, through that evaluation, to no longer have an adverse impact on public health and safety. The records subject to removal under these exemptions are associated with SSCs that had been important to safety during power operation but are no longer important operationally or capable of causing an event, incident, or condition that would adversely impact public health and safety, as evidenced by their appropriate removal from licensing basis documents. If the SSCs no longer have the potential to cause an event, incident, or other problem, which would adversely impact public health and safety, then it is reasonable to conclude that the records associated with these SSCs would not reasonably be necessary for recovery from or prevention of such an event or incident, and therefore, their retention would not serve the underlying purpose of the rule to assist in recovery from an event or prevent future events, incidents, or problems. Once removed from licensing basis documents, SSCs are no longer governed by the NRC's regulations, and therefore, are not subject to compliance with the safety and health aspects of the nuclear environment. Therefore, retention of these records does not serve the underlying purpose of the rule of maintaining compliance with the safety and health aspects of the nuclear environment or to accomplish the NRC's mission. Records, which continue to serve the underlying purpose of the rule, that is, to maintain compliance and to protect public health and safety, will continue to be retained under regulations in 10 CFR part 50 and 10 CFR part 72. These retained records not subject to the exemption include those associated with programmatic controls, such as those pertaining to residual radioactivity, security, quality assurance, etc., and records associated with the ISFSI and spent fuel assemblies. Section 50.12(a)(2)(iii) states, in part, ``Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted . . . .'' The retention of records required by 10 CFR part 50, appendix B, Criterion XVII, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) provides assurance that records associated with SSCs will be captured, indexed, and stored in an environmentally suitable and retrievable condition. Given the volume of records associated with the SSCs, compliance with the records retention rules results in a considerable cost to the licensee. Retention of the volume of records associated with these SSCs during the operations phase is appropriate to serve the underlying purpose of providing information to the Commission for examination in the case of an event, incident, or other problem involving the public health and safety, as discussed above. However, the cost effect of retaining operations phase records beyond the operations phase until the termination of the license was not fully considered or understood. Therefore, compliance with the rule would result in an undue cost in excess of that contemplated when the rule was adopted. The granted exemptions apply to records that are associated with SSCs that had supported the operations phase of electricity generation and wet storage of spent fuel assemblies, and that have been, or will be, retired in place, prepared for dismantlement, and removed from licensing basis documents. Records that continue to apply to retired SSCs during the SAFSTOR and decommissioning phase, such as records associated with programmatic controls pertaining to residual radioactivity, security, quality assurance, etc., and records associated with the ISFSI and spent fuel assemblies, will continue to be maintained in an environmentally suitable and retrievable condition. Environmental Considerations Under 10 CFR 51.22(c)(25), granting of an exemption from the requirements of any regulation in Chapter I of 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 are among those identified in 10 CFR 51.22(c)(25)(vi). 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 allowing the licensee exemption from the recordkeeping requirements of 10 CFR part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c), at the permanently shutdown and defueled Vermont Yankee power reactor, does not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; (3) involve a significant reduction in a margin of safety. Accordingly, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite, and no significant increase in individual or cumulative public or occupational radiation exposure. The exempted regulation is not associated with construction, so there is no significant construction impact. The exempted regulation does not concern the source term (i.e., potential amount of radiation in an accident), nor mitigation. Therefore, there is no significant increase in the potential for, or consequences from radiological accidents. Allowing the licensee partial exemption from record retention requirements from which the exemption is sought involve recordkeeping requirements, reporting requirements of an administrative, managerial, or organizational nature. Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, that ENO's request for partial exemptions from recordkeeping requirements in 10 CFR part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c) are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants ENO's one-time partial exemptions from 10 CFR part 50, appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c) to advance the schedule to remove records [[Page 81875]] associated with SSCs that have been removed from NRC licensing basis documents by appropriate change mechanisms. Dated at Rockville, Maryland, this 22nd day of December 2015. For the Nuclear Regulatory Commission. George A. Wilson, Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2015-32932 Filed 12-30-15; 8:45 am] BILLING CODE 7590-01-P
![81872 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices
NUCLEAR REGULATORY Regulatory Commission, Washington DC report (UFSAR), by appropriate change
COMMISSION 20555–0001. mechanisms.
SUPPLEMENTARY INFORMATION: (2) The need to maintain records for
[Docket No. 50–271; NRC–2015–0111] SSCs associated with safe storage of fuel
I. Background in the SFP will be eliminated when
Entergy Operations, Inc.; Vermont
Vermont Yankee is a single unit spent nuclear fuel has been completely
Yankee Nuclear Power Station
General Electric 4, Mark 1 Boiling Water transferred from the SFP to dry storage,
AGENCY: Nuclear Regulatory Reactor located in Vernon, Vermont. and the SFP and associated SSCs are
Commission. Vermont Yankee was granted Operating removed from licensing basis
ACTION: Exemption; issuance. License No. DPR–28 under part 50 of documents by appropriate change
title 10 of the Code of Federal mechanisms.
SUMMARY: The U.S. Nuclear Regulatory Regulations (10 CFR) on March 21, The licensee justifies the request by
Commission (NRC) is issuing 1972, and subsequently shut down on stating that when the associated SSCs
exemptions in response to a February December 29, 2014. The operating are removed from the licensing basis
13, 2015, request from Entergy Nuclear license for Vermont Yankee is held by documents, the SSCs will not serve any
Operations, Inc. (ENO or the licensee). ENO. function regulated by the NRC.
The licensee requested that Vermont On January 12, 2015, ENO submitted Therefore, the need to retain the records
Yankee Nuclear Power Station (Vermont the certifications, pursuant to 10 CFR will be, on a practical basis, eliminated.
Yankee) be granted a permanent partial 50.82(a)(1), of permanent cessation of The licensee cites precedents for records
exemption from regulations that require operations and permanent removal of retention exemptions granted to Zion
retention of records for certain systems, fuel from the reactor (ADAMS Nuclear Power Station, Units 1 and 2
structures, and components (SSCs) until Accession No. ML15013A426). (ADAMS Accession No. ML111260277),
the termination of the operating license. Decommissioning activities will be Millstone Power Station, Unit No. 1,
ADDRESSES: Please refer to Docket ID carried out by Entergy Nuclear Vermont (ADAMS Accession No. ML070110567),
NRC–2015–0111 when contacting the Yankee, and are described in the Post and Haddam Neck Plant (ADAMS
NRC about the availability of Shutdown Decommissioning Activities Accession No. ML052160088).
Report submitted to the NRC on Records associated with residual
information regarding this document.
December 19, 2014 (ADAMS Accession radiological activity and with necessary
You may obtain publicly-available
No. ML14357A110). The SSCs that programmatic controls, such as security
information related to this document
supported the generation of electric and quality assurance, are addressed
using any of the following methods:
power are being prepared to enter the through current licensing documents
• Federal Rulemaking Web site: Go to
SAFSTOR phase. Completion of fuel and are therefore, not affected by the
http://www.regulations.gov and search
transfer from the spent fuel pool (SFP) exemption request. Also, the licensee
for Docket ID NRC–2015–0111. Address
to an independent spent fuel storage did not request an exemption from
questions about NRC dockets to Carol
installation (ISFSI) is scheduled for records associated with the Vermont
Gallagher; telephone: 301–415–3463;
2020. Preparation for dismantlement Yankee ISFSI, records associated with
email: Carol.Gallagher@nrc.gov. For
and license termination are scheduled retention of the spent fuel assemblies, or
technical questions, contact the
to begin in 2068. records associated with
individual listed in the FOR FURTHER
decommissioning or dismantlement. In
INFORMATION CONTACT section of this II. Request/Action addition, the licensee did not request an
document. By letter dated February 13, 2015 exemption from 10 CFR part 50,
• NRC’s Agencywide Documents (ADAMS Accession No. ML15069A439), appendix A, Criterion 1, ‘‘Quality
Access and Management System ENO filed a request for NRC approval of standards and records,’’ as had been
(ADAMS): You may obtain publicly a permanent exemption from the granted in the cited precedents. Because
available documents online in the following recordkeeping requirements: Vermont Yankee was granted a
ADAMS Public Documents collection at 10 CFR part 50, appendix B, Criterion construction license prior to February
http://www.nrc.gov/reading-rm/ XVII, 10 CFR 50.59(d)(3), and 10 CFR 1971, it is not subject to the
adams.html. To begin the search, select 50.71(c). The request was made requirements in 10 CFR part 50,
‘‘ADAMS Public Documents’’ and then pursuant to 10 CFR 50.12, ‘‘Specific appendix A.
select ‘‘Begin Web-based ADAMS exemptions.’’
Search.’’ For problems with ADAMS, The licensee is requesting NRC III. Discussion
please contact the NRC’s Public approval of an exemption from 10 CFR Pursuant to 10 CFR 50.12, the
Document Room (PDR) reference staff at part 50, appendix B, Criterion XVII, Commission may, upon application by
1–800–397–4209, 301–415–4737, or by which requires certain records be any interested person or upon its own
email to pdr.resource@nrc.gov. The retained throughout the life of the unit; initiative, grant exemptions from the
ADAMS accession number for each 10 CFR 50.59(d)(3), which requires requirements of 10 CFR part 50 when (1)
document referenced in this document records to be maintained ‘‘until the the exemptions are authorized by law,
(if that document is available in termination of an operating license’’; will not present an undue risk to public
ADAMS) is provided the first time that and 10 CFR 50.71(c) where records health or safety, and are consistent with
a document is referenced. required by license condition or the common defense and security, and
• NRC’s PDR: You may examine and technical specifications (TS) are to be (2) when special circumstances are
purchase copies of public documents at retained until termination of the license. present.
the NRC’s PDR, Room O1–F21, One
tkelley on DSK3SPTVN1PROD with NOTICES
The licensee proposes that: Vermont Yankee permanently shut
White Flint North, 11555 Rockville (1) The need to maintain records for down on December 29, 2014, and
Pike, Rockville, Maryland 20852. SSCs associated with nuclear power subsequently removed the spent fuel
FOR FURTHER INFORMATION CONTACT: generation will be eliminated when from the reactor to the SFP. The nuclear
James Kim, Office of Nuclear Reactor those SSCs are removed from the reactor and SSCs associated with the
Regulation, telephone: 301–415–4125; licensing basis documents, such as TSs nuclear steam supply system and
email: James.Kim@nrc.gov; U.S. Nuclear or the updated final safety analysis balance of plant that had supported
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices 81873
power generation have been drained as through appropriate change Special Circumstances
necessary and retired in place. Once mechanisms, such as through the Pursuant to 10 CFR 50.12, the
these SSCs have been prepared for process stipulated by 10 CFR 50.59 or Commission will consider granting an
SAFSTOR, dismantlement, or through a license amendment request exemption if special circumstances are
demolition, they will no longer serve approved by the NRC. These change present. Section 50.12(a)(2)(ii) states, in
any purpose regulated by the NRC. processes involve either a determination part, that ‘‘Special circumstance are
Subsequently, these SSCs can be by the licensee or an approval by the present whenever ‘‘Application of the
removed from NRC licensing basis NRC that the affected SSC no longer regulation in the particular
documents, such as TSs or the UFSAR, serves any safety purpose regulated by circumstances would not serve the
by appropriate change mechanisms the NRC. Therefore, the removal of the underlying purpose of the rule, or is not
defined in regulations (e.g. 10 CFR SSC would not present an undue risk to necessary to achieve the underlying
50.48(f), 10 CFR 50.59, 10 CFR 50.54(a), the public health and safety. In turn, purpose of the rule.’’
10 CFR 50.54(p), or 10 CFR 50.54(q)). At removal of the records associated with Appendix B of 10 CFR part 50,
that point, there will be no regulatory the affected SSC would not cause any Criterion XVII, states in part: ‘‘Sufficient
need to retain associated records until records shall be maintained to furnish
additional impact to public health and
termination of the license. However, evidence of activities affecting quality.
safety.
certain records associated with these
The partial exemptions from the . . . Records shall be identifiable and
SSCs, namely records pertaining to
requested requirements of 10 CFR part retrievable.’’
residual radioactivity and records Section 50.59(d)(3) states in part:
pertaining to programmatic controls 50, appendix B, Criterion XVII; 10 CFR
‘‘The records of changes in the facility
such as security or quality assurance, 50.59(d)(3); and 10 CFR 50.71(c) are
must be maintained until the
will continue to be governed by NRC administrative in nature and will have
termination of an operating license
regulation and addressed in licensing no impact on future decommissioning
under this part. . .’’
documents, and therefore, are not activities or radiological effluents. The Section 50.71(c), states in part:
affected by these exemptions. partial exemptions will only advance
The SSCs supporting the continued ‘‘Records that are required by the
the schedule for the removal of the regulations in this part or 10 CFR part
operation of the SFP remain operable at records. Because the content of the
Vermont Yankee and will be configured 52 of this chapter, by license condition,
records pertains to SSCs that have or by technical specifications must be
for operational efficiency until the fuel already been removed from licensing
is removed to permanent dry storage. retained for the period specified by the
basis documents, elimination of the appropriate regulation, license
The records associated with the SFP records on an advanced timetable will
SSCs will be retained through the SFP’s condition, or technical specification. If
have no reasonable potential to present a retention period is not otherwise
functional life. Similar to other plant any undue risk to the public health and
SSCs, when the SFP is emptied of fuel, specified, these records must be
safety. retained until the Commission
drained, and prepared for demolition,
SSCs that support the SFP will be The Exemption is Consistent With the terminates the facility license. . . .’’
Common Defense and Security In the statements of consideration for
removed from licensing basis
the final rulemaking, effective July 26,
documents by appropriate change
The elimination of records associated 1988 (53 FR 19240; May 27, 1988)
mechanisms. At that point, there will be
with SSCs, which have already been ‘‘Retention Periods for Records,’’ as a
no safety-related or regulatory basis to
removed from NRC licensing basis response to public comments during the
retain the records associated with SFP
documents, is administrative in nature, rulemaking process, the NRC states that
SSCs.
and does not involve information or records must be retained ‘‘. . . so they
The Exemption is Authorized by Law involve activities that could potentially will be available for examination by the
Section 50.71(d)(2) allows for the impact the common defense or security. Commission in any analysis following
granting of specific exemptions to the After the SSCs are removed from NRC an accident, incident, or other problem
retention of records required by licensing basis documents by involving public health and safety . . .
regulations. Section 50.71(d)(2) states, appropriate change mechanisms, they [and] . . . for NRC to ensure compliance
in part, ‘‘the retention period specified are determined to no longer serve the with the safety and health aspects of the
in the regulations in this part for such purpose of safe operation or maintain nuclear environment and for the NRC to
records shall apply unless the conditions that would affect the ongoing accomplish its mission to protect the
Commission, pursuant to § 50.12 of this health and safety of workers or the public health and safety.’’
part, has granted a specific exemption public. Therefore, removal of the The statements of consideration
from the record retention requirements associated records will also present no express that the underlying purpose of
specified in the regulations in this part.’’ potential for impacting the safe the recordkeeping rule is to ensure that,
Based on 10 CFR 50.71(d)(2), if the in the event of an accident, incident, or
operation of the plant or the defense or
requirements of 10 CFR 50.12 are condition that could impact public
security of the workers or the public.
satisfied, an exemption from the health and safety, the NRC has access to
recordkeeping requirements in 10 CFR The exemptions requested are information in the records that would
part 50, appendix B, 10 CFR 50.59(d)(3), administrative in nature and will merely assist in the recovery from the event and
and 10 CFR 50.71(c), as requested by the advance the current schedule for prevent similar events or conditions,
licensee, is authorized by law. removal of the specified records. which would impact health and safety.
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Therefore, the partial exemptions from These regulations do not consider the
Specific Exemption Presents No Undue the recordkeeping requirements of 10 nature of the decommissioning process,
Risk to Public Health and Safety CFR part 50, appendix B, Criterion XVII; in which safety-related SSCs are retired
As SSCs are prepared for SAFSTOR 10 CFR 50.59(d)(3); and 10 CFR or disabled, and subsequently removed
and eventual decommission and 50.71(c), and for the types of records as from NRC licensing basis documents by
dismantlement, they will be removed specified above, are consistent with the appropriate change mechanisms prior to
from NRC licensing basis documents common defense and security. the termination of the license.
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices 81875
associated with SSCs that have been TIP), 1800 G Street NW., Suite 2148, submissions relevant to efforts by other
removed from NRC licensing basis Washington, DC 20520. Please note that U.S. government agencies may be
documents by appropriate change materials submitted by mail may be shared with those agencies.
mechanisms. delayed due to security screenings and Response: This is a request for
Dated at Rockville, Maryland, this 22nd processing. information only; there will be no
day of December 2015. Scope of Interest: The Department response to submissions.
For the Nuclear Regulatory Commission. requests information relevant to SUPPLEMENTARY INFORMATION:
assessing the United States’ and foreign
George A. Wilson, I. Background
governments’ compliance with the
Deputy Director, Division of Operating The TIP Report: The TIP Report is the
minimum standards for the elimination
Reactor Licensing, Office of Nuclear Reactor
Regulation. of trafficking in persons in the year most comprehensive worldwide report
2015. The minimum standards for the on governments’ efforts to combat
[FR Doc. 2015–32932 Filed 12–30–15; 8:45 am]
elimination of trafficking in persons are trafficking in persons. It represents an
BILLING CODE 7590–01–P
listed in the Background section. updated, global look at the nature and
Submissions must include information scope of trafficking in persons and the
relevant and probative of the minimum broad range of government actions to
DEPARTMENT OF STATE standards for the elimination of confront and eliminate it. The U.S.
[Public Notice: 9396] trafficking in persons and should government uses the Report to engage in
include, but need not be limited to, diplomacy, to encourage partnership in
Request for Information for the 2016 answering the questions in the creating and implementing laws and
Trafficking in Persons Report Information Sought section. Only those policies to combat trafficking, and to
questions for which the submitter has target resources on prevention,
SUMMARY: The Department of State (‘‘the
direct professional experience should be protection, and prosecution programs.
Department’’) requests written
answered and that experience should be Worldwide, the Report is used by
information to assist in reporting on the
noted. For any critique or deficiency international organizations, foreign
degree to which the United States and governments, and nongovernmental
described, please provide a
foreign governments comply with the organizations as a tool to examine where
recommendation to remedy it. Note the
minimum standards for the elimination resources are most needed. Identifying
country or countries that are the focus
of trafficking in persons (‘‘minimum of the submission. victims, preventing trafficking, and
standards’’) that are prescribed by the Submissions may include written bringing traffickers to justice are the
Trafficking Victims Protection Act of narratives that answer the questions ultimate goals of the Report and of the
2000, (Div. A, Pub. L. 106–386) as presented in this Notice, research, U.S government’s anti-trafficking policy.
amended (‘‘TVPA’’). This information studies, statistics, fieldwork, training The Department prepares the TIP
will assist in the preparation of the materials, evaluations, assessments, and Report using information from across
Trafficking in Persons Report (‘‘TIP other relevant evidence of local, state, the U.S. government, foreign
Report’’) that the Department submits and federal government efforts. To the government officials, nongovernmental
annually to the U.S. Congress on extent possible, precise dates and and international organizations,
governments’ level of compliance with numbers of officials or citizens affected published reports, and research trips to
the minimum standards. Foreign should be included. every region. The Report focuses on
governments that do not comply with Where applicable, written narratives concrete actions that governments take
the minimum standards and are not providing factual information should to fight trafficking in persons, including
making significant efforts to do so may provide citations to sources, and copies prosecutions, convictions, and prison
be subject to restrictions on of the source material should be sentences for traffickers, as well as
nonhumanitarian, nontrade-related provided. If possible, send electronic victim protection measures and
foreign assistance from the United copies of the entire submission, prevention efforts. Each Report narrative
States, as defined by the TVPA. including source material. If primary also includes recommendations for each
Submissions must be made in writing to sources are utilized, such as research country. These recommendations are
the Office to Monitor and Combat studies, interviews, direct observations, then used to assist in measuring
Trafficking in Persons at the Department or other sources of quantitative or governments’ progress from one year to
of State by January 19, 2016. Please refer qualitative data, details on the research the next and determining whether
to the ADDRESSES, Scope of Interest, and or data-gathering methodology should governments comply with the minimum
Information Sought sections of this be provided. The Department does not standards for the elimination of
Notice for additional instructions on include in the Report, and is therefore trafficking in persons or are making
submission requirements. not seeking, information on prostitution, significant efforts to do so.
DATES: Submissions must be received by human smuggling, visa fraud, or child The TVPA creates a four tier ranking
5 p.m. on January 19, 2016. abuse, unless such conduct occurs in system. Tier placement is based more on
ADDRESSES: Written submissions and the context of human trafficking. the extent of government action to
supporting documentation may be Confidentiality: Please provide the combat trafficking than on the size of
submitted by the following methods: name, phone number, and email address the problem, although that is a
Email (preferred): tipreport@state.gov of a single point of contact for any consideration. The Department first
for submissions related to foreign submission. It is Department practice evaluates whether the government fully
governments and tipreportUS@state.gov not to identify in the Report information complies with the TVPA’s minimum
tkelley on DSK3SPTVN1PROD with NOTICES
for submissions related to the United concerning sources to safeguard those standards for the elimination of
States. sources. Please note, however, that any trafficking. Governments that fully
• Facsimile (fax): 202–312–9637 information submitted to the comply are placed on Tier 1. For other
• Mail, Express Delivery, Hand Department may be releasable pursuant governments, the Department considers
Delivery and Messenger Service: U.S. to the provisions of the Freedom of the extent of efforts to reach
Department of State, Office to Monitor Information Act or other applicable law. compliance. Governments that are
and Combat Trafficking in Persons (J/ When applicable, portions of making significant efforts to meet the
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Document Created: 2015-12-31 02:15:13
Document Modified: 2015-12-31 02:15:13
| 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 | James Kim, Office of Nuclear Reactor Regulation, telephone: 301-415-4125; email: [email protected]; U.S. Nuclear Regulatory Commission, Washington DC 20555-0001. | |
| FR Citation | 80 FR 81872 |
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