82 FR 21832 - LaCrosse Solutions, LLC; Dairyland Power Cooperative; La Crosse Boiling Water Reactor
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 89 (May 10, 2017)
Federal Register Volume 82, Issue 89 (May 10, 2017)
| Page Range | 21832-21834 | |
| FR Document | 2017-09456 |
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)] [Notices] [Pages 21832-21834] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09456] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-409; NRC-2015-0279] LaCrosse Solutions, LLC; Dairyland Power Cooperative; La Crosse Boiling Water Reactor AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 16, 2017, request from LaCrosseSolutions, LLC (LS), for the La Crosse Boiling Water Reactor (LACBWR), from the requirement to investigate and report to the NRC when LS does not receive notification of receipt of a shipment, or part of a shipment, of low-level radioactive waste within 20 days after transfer by rail from the LACBWR facility. LaCrosseSolutions requested that the time period for it to receive acknowledgement that the shipment has been received by the intended recipient be extended from 20 to 45 days to avoid an excessive administrative burden because of operational experience that indicates that rail shipments may take more than 20 days to reach their destination. DATES: May 10, 2017. ADDRESSES: Please refer to Docket ID NRC-2015-0279 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-2015-0279. 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 notice (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: Marlayna G. Vaaler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3178, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background The La Crosse Boiling Water Reactor was an Atomic Energy Commission (AEC) Demonstration Project Reactor that first went critical in 1967, commenced commercial operation in November 1969, and was capable of producing 50 megawatts electric. The LACBWR is located on the east bank of the Mississippi River in Vernon County, Wisconsin, and is co-located with the Genoa Generating Station, which is a coal-fired electrical power plant that is still in operation. The Allis-Chalmers Company was the original licensee; the AEC later sold the plant to the Dairyland Power Cooperative (DPC) and granted it Provisional Operating License No. DPR-45 on August 28, 1973 (ADAMS Accession No. ML17080A423). The LACBWR permanently ceased operations on April 30, 1987 (ADAMS Accession No. ML17080A422), and reactor defueling was completed on June 11, 1987 (ADAMS Accession No. ML17080A420). In a letter dated August 4, 1987 (ADAMS Accession No. ML17080A393), the NRC terminated [[Page 21833]] DPC's authority to operate the LACBWR under Provisional Operating License No. DPR-45, and granted the licensee a possess-but-not-operate status. By letter dated August 18, 1988 (ADAMS Accession No. ML17080A421), the NRC amended DPC's Provisional Operating License No. DPR-45 to Possession Only License No. DPR-45 to reflect the permanently defueled configuration at the LACBWR. The NRC issued an order to authorize decommissioning of the LACBWR and approve the licensee's proposed Decommissioning Plan (DP) on August 7, 1991 (ADAMS Accession No. ML17080A454). Because the NRC approved DPC's DP before August 28, 1996, pursuant to section 50.82 of title 10 of the Code of Federal Regulations (CFR), the DP is considered the Post-Shutdown Decommissioning Activities Report (PSDAR) for the LACBWR. The PSDAR public meeting was held on May 13, 1998, and subsequent updates to the LACBWR decommissioning report have combined the DP and PSDAR into the ``LACBWR Decommissioning Plan and Post-Shutdown Decommissioning Activities Report'' (D-Plan/PSDAR). The DPC constructed an onsite Independent Spent Fuel Storage Installation (ISFSI) under its 10 CFR part 72 general license, and completed the movement of all 333 spent nuclear fuel elements from the Fuel Element Storage Well to dry cask storage at the ISFSI by September 19, 2012 (ADAMS Accession No. ML12290A027). The remaining associated buildings and structures are ready for dismantlement and decommissioning activities. By order dated May 20, 2016 (ADAMS Accession No. ML16123A073), the NRC approved the direct transfer of Possession Only License No. DPR-45 for the LACBWR from DPC to LS, a wholly-owned subsidiary of EnergySolutions, LLC, and approved a conforming license amendment, pursuant to 10 CFR 50.80, ``Transfer of licenses,'' and 10 CFR 50.90, ``Application for amendment of license, construction permit, or early site permit,'' to reflect the change. The order was published in the Federal Register on June 2, 2016 (81 FR 35383). The transfer assigns DPC's licensed possession, maintenance, and decommissioning responsibilities for the LACBWR to LS in order to implement expedited decommissioning at the LACBWR site. Decommissioning of the LACBWR is scheduled to be completed in 2018. II. Request/Action By letter dated January 16, 2017 (ADAMS Accession No. ML17018A136), LS requested an exemption from 10 CFR part 20, appendix G, ``Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests,'' section III.E. for the LACBWR. Section III.E requires that the shipper of any low-level radioactive waste to a land disposal facility must investigate and trace the shipment if the shipper has not received notification of the shipment's receipt by the disposal facility within 20 days after transfer. In addition, section III.E requires licensees to report such missing shipments to the NRC. Specifically, LS is requesting that the time period for LS to receive acknowledgement that the shipment has been received be extended from 20 to 45 days after transfer for rail shipments from LACBWR. The NRC's regulations in 10 CFR 20.2301, ``Applications for exemptions,'' allow the Commission to grant exemptions from the requirements of the regulations if it determines the exemption would be authorized by law and would not result in undue hazard to life or property. Inherent to the decommissioning process, large volumes of slightly contaminated debris are generated and require disposal. The licensee transports low-level radioactive waste from LACBWR to distant locations such as the waste disposal facility operated by EnergySolutions in Clive, Utah, and waste processors in Texas. Experience with waste shipments from LACBWR and at other decommissioning power reactor sites indicates that rail transportation time to waste disposal facilities has, in several instances, exceeded the 20-day receipt of notification requirement. In addition, administrative processes at the disposal facility and mail delivery times could further delay the issuance or arrival of the receipt of notification. III. Discussion A. The Exemption Is Authorized by Law Pursuant to 10 CFR 20.2301, the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of regulations in 10 CFR part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. There are no provisions in the Atomic Energy Act of 1954, as amended (or in any other Federal statute) that impose a requirement to investigate and report on low-level radioactive waste shipments that have not been acknowledged by the recipient within 20 days of transfer. Therefore, the NRC concludes that there is no statutory prohibition on the issuance of the requested exemption and the NRC is authorized to grant the exemption by law. With respect to compliance with Section 102(2) of the National Environmental Policy Act, 42 U.S.C. 4332(2) (NEPA), the NRC staff has determined that the proposed action, namely, the approval of the LS exemption request, is within the scope of the two categorical exclusions listed at 10 CFR 51.22(c)(25)(vi)(B) and 10 CFR 51.22(c)(25)(vi)(C). The categorical exclusion listed at 10 CFR 51.22(c)(25)(vi)(B) concerns approval of exemption requests from reporting requirements and the categorical exclusion listed at 10 CFR 51.22(c)(25)(vi)(C) concerns approval of exemption requests from inspection or surveillance requirements. Therefore, no further analysis is required under NEPA. B. The Exemption Would Not Result in Undue Hazard to Life or Property The NRC finds that the underlying purpose of 10 CFR part 20, appendix G, section III.E is to require licensees to investigate, trace, and report radioactive shipments that have not reached their destination, as scheduled, for unknown reasons. Data from the San Onofre Nuclear Generating Station found that rail shipments took over 16 days on average, and on occasion, took up to 57 days. The NRC acknowledges that, based on the history of low-level radioactive waste shipments from the San Onofre Nuclear Generating Station, the need to investigate and report on shipments that take longer than 20 days could result in an excessive administrative burden on the licensee. For rail shipments, LS will require electronic data tracking system interchange, or similar tracking systems that allow for monitoring the progress of the shipments by the rail carrier on a daily basis. Because of the oversight and monitoring of radioactive waste shipments throughout the entire journey from the LACBWR to the disposal site, it is unlikely that a shipment could be lost, misdirected, or diverted without the knowledge of the carrier or LS. Furthermore, by extending the elapsed time for receipt acknowledgment to 45 days before requiring investigations, tracing, and reporting, a reasonable upper limit on shipment duration (based on historical analysis) is still maintained if a breakdown of normal tracking systems were to occur. Consequently, the NRC finds that extending the receipt of notification period from 20 to 45 days after transfer for the rail shipments described by LS in its January 16, 2017, letter would not [[Page 21834]] result in an undue hazard to life or property. The NRC also finds that the underlying purpose of 10 CFR part 20, appendix G, section III.E will be met. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption is authorized by law and will not result in undue hazard to life or property. Therefore, the Commission hereby grants LaCrosseSolutions, LLC an exemption from 10 CFR part 20, appendix G, section III.E to extend the requirement to extend the receipt of notification period from 20 days to 45 days after transfer by rail of low-level radioactive waste from the LACBWR facility. Dated at Rockville, Maryland, this 2nd day of May 2017. For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2017-09456 Filed 5-9-17; 8:45 am] BILLING CODE 7590-01-P
![21832 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices
E. the special circumstances outweigh assessment need be prepared for these questions about NRC dockets to Carol
any decrease in safety that may result amendments. Gallagher; telephone: 301–415–3463;
from the reduction in standardization email: Carol.Gallagher@nrc.gov. For
IV. Conclusion
caused by the exemption; and technical questions, contact the
F. the exemption will not result in a Using the reasons set forth in the individual listed in the FOR FURTHER
significant decrease in the level of safety combined safety evaluation, the staff INFORMATION CONTACT section of this
otherwise provided by the design. granted the exemption and issued the document.
2. Accordingly, the licensee is granted amendment that the licensee requested • NRC’s Agencywide Documents
an exemption from the certified DCD on November 16, 2016. The exemption Access and Management System
Tier 1 information, with corresponding and amendment were issued on April (ADAMS): You may obtain publicly-
changes to Appendix C of the Facility 17, 2017, as part of a combined package available documents online in the
Combined Licenses as described in the to the licensee (ADAMS Accession No. ADAMS Public Documents collection at
licensee’s request dated November 16, ML17045A616). http://www.nrc.gov/reading-rm/
2016. This exemption is related to, and Dated at Rockville, Maryland, this 1st day adams.html. To begin the search, select
necessary for, the granting of License of May 2017. ‘‘ADAMS Public Documents’’ and then
Amendment No. 72, which is being For the Nuclear Regulatory Commission. select ‘‘Begin Web-based ADAMS
issued concurrently with this Jennifer Dixon-Herrity, Search.’’ For problems with ADAMS,
exemption. Chief, Licensing Branch 4, Division of New please contact the NRC’s Public
3. As explained in Section 5.0 of the Reactor Licensing, Office of New Reactors. Document Room (PDR) reference staff at
NRC staff’s Safety Evaluation (ADAMS [FR Doc. 2017–09457 Filed 5–9–17; 8:45 am] 1–800–397–4209, 301–415–4737, or by
Accession No. ML17045A717), this BILLING CODE 7590–01–P email to pdr.resource@nrc.gov. The
exemption meets the eligibility criteria ADAMS accession number for each
for categorical exclusion set forth in 10 document referenced in this notice (if
CFR 51.22(c)(9). Therefore, pursuant to NUCLEAR REGULATORY that document is available in ADAMS)
10 CFR 51.22(b), no environmental COMMISSION is provided the first time that a
impact statement or environmental document is referenced.
[Docket Nos. 50–409; NRC–2015–0279]
assessment needs to be prepared in • NRC’s PDR: You may examine and
connection with the issuance of the LaCrosse Solutions, LLC; Dairyland purchase copies of public documents at
exemption. Power Cooperative; La Crosse Boiling the NRC’s PDR, Room O1–F21, One
4. This exemption is effective as of the Water Reactor White Flint North, 11555 Rockville
date of its issuance. Pike, Rockville, Maryland 20852.
AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT:
III. License Amendment Request Commission. Marlayna G. Vaaler, Office of Nuclear
By letter dated November 16, 2016 ACTION: Exemption; issuance. Material Safety and Safeguards, U.S.
(ADAMS Accession No. ML16323A020), Nuclear Regulatory Commission,
the licensee requested that the NRC SUMMARY: The U.S. Nuclear Regulatory Washington DC 20555–0001; telephone:
amend the COLs for VCSNS, Units 2 Commission (NRC) is issuing an 301–415–3178, email:
and 3, COLs NPF–93 and NPF–94. The exemption in response to a January 16, Marlayna.Vaaler@nrc.gov.
proposed amendment is described in 2017, request from LaCrosseSolutions,
SUPPLEMENTARY INFORMATION:
Section I of this document. LLC (LS), for the La Crosse Boiling
The Commission has determined for Water Reactor (LACBWR), from the I. Background
these amendments that the application requirement to investigate and report to
The La Crosse Boiling Water Reactor
complies with the standards and the NRC when LS does not receive
was an Atomic Energy Commission
requirements of the Atomic Energy Act notification of receipt of a shipment, or
(AEC) Demonstration Project Reactor
of 1954, as amended (the Act), and the part of a shipment, of low-level
that first went critical in 1967,
Commission’s rules and regulations. radioactive waste within 20 days after
commenced commercial operation in
The Commission has made appropriate transfer by rail from the LACBWR
November 1969, and was capable of
findings as required by the Act and the facility. LaCrosseSolutions requested
producing 50 megawatts electric. The
Commission’s rules and regulations in that the time period for it to receive
LACBWR is located on the east bank of
10 CFR Chapter I, which are set forth in acknowledgement that the shipment has
the Mississippi River in Vernon County,
the license amendment. been received by the intended recipient
Wisconsin, and is co-located with the
A notice of consideration of issuance be extended from 20 to 45 days to avoid
Genoa Generating Station, which is a
of amendment to facility operating an excessive administrative burden
coal-fired electrical power plant that is
license or combined license, as because of operational experience that
still in operation. The Allis-Chalmers
applicable, proposed no significant indicates that rail shipments may take
Company was the original licensee; the
hazards consideration determination, more than 20 days to reach their
AEC later sold the plant to the
and opportunity for a hearing in destination.
Dairyland Power Cooperative (DPC) and
connection with these actions, was DATES: May 10, 2017. granted it Provisional Operating License
published in the Federal Register on ADDRESSES: Please refer to Docket ID No. DPR–45 on August 28, 1973
February 14, 2017 (82 FR 10590). No NRC–2015–0279 when contacting the (ADAMS Accession No. ML17080A423).
comments were received during the 30- NRC about the availability of The LACBWR permanently ceased
jstallworth on DSK7TPTVN1PROD with NOTICES
day comment period. information regarding this document. operations on April 30, 1987 (ADAMS
The Commission has determined that You may obtain publicly-available Accession No. ML17080A422), and
these amendments satisfy the criteria for information related to this document reactor defueling was completed on
categorical exclusion in accordance using any of the following methods: June 11, 1987 (ADAMS Accession No.
with 10 CFR 51.22. Therefore, pursuant • Federal Rulemaking Web site: Go to ML17080A420). In a letter dated August
to 10 CFR 51.22(b), no environmental http://www.regulations.gov and search 4, 1987 (ADAMS Accession No.
impact statement or environmental for Docket ID NRC–2015–0279. Address ML17080A393), the NRC terminated
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![21834 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Notices
result in an undue hazard to life or INFORMATION CONTACT section of this B. Submitting Comments
property. The NRC also finds that the document. Please include Docket ID NRC–2017–
underlying purpose of 10 CFR part 20, • Mail comments to: David Cullison, 0067 in the subject line of your
appendix G, section III.E will be met. Office of the Chief Information Officer, comment submission, in order to ensure
IV. Conclusions Mail Stop: T–5 F53, U.S. Nuclear that the NRC is able to make your
Regulatory Commission, Washington, comment submission available to the
Accordingly, the Commission has DC 20555–0001. public in this docket.
determined that, pursuant to 10 CFR For additional direction on obtaining The NRC cautions you not to include
20.2301, the exemption is authorized by information and submitting comments, identifying or contact information in
law and will not result in undue hazard see ‘‘Obtaining Information and comment submissions that you do not
to life or property. Therefore, the Submitting Comments’’ in the want to be publicly disclosed in your
Commission hereby grants SUPPLEMENTARY INFORMATION section of comment submission. The NRC will
LaCrosseSolutions, LLC an exemption this document. post all comment submissions at http://
from 10 CFR part 20, appendix G,
FOR FURTHER INFORMATION CONTACT: www.regulations.gov as well as enter the
section III.E to extend the requirement
David Cullison, Office of the Chief comment submissions into ADAMS,
to extend the receipt of notification
Information Officer, U.S. Nuclear and the NRC does not routinely edit
period from 20 days to 45 days after
Regulatory Commission, Washington, comment submissions to remove
transfer by rail of low-level radioactive
DC 20555–0001; telephone: 301–415– identifying or contact information.
waste from the LACBWR facility.
2084; email: INFOCOLLECTS.Resource@ If you are requesting or aggregating
Dated at Rockville, Maryland, this 2nd day comments from other persons for
of May 2017.
nrc.gov.
submission to the NRC, then you should
For the Nuclear Regulatory Commission. SUPPLEMENTARY INFORMATION: inform those persons not to include
John R. Tappert, I. Obtaining Information and identifying or contact information that
Director, Division of Decommissioning, Submitting Comments they do not want to be publicly
Uranium Recovery, and Waste Programs, disclosed in their comment submission.
Office of Nuclear Material Safety and A. Obtaining Information Your request should state that the NRC
Safeguards. does not routinely edit comment
Please refer to Docket ID NRC–2017–
[FR Doc. 2017–09456 Filed 5–9–17; 8:45 am] submissions to remove such information
0067 when contacting the NRC about
BILLING CODE 7590–01–P
the availability of information for this before making the comment
action. You may obtain publicly- submissions available to the public or
available information related to this entering the comment into ADAMS.
NUCLEAR REGULATORY
action by any of the following methods: II. Background
COMMISSION
• Federal Rulemaking Web site: Go to
[NRC–2017–0067] In accordance with the Paperwork
http://www.regulations.gov and search
Reduction Act of 1995 (44 U.S.C.
for Docket ID NRC–2017–0067.
Information Collection: Licensing Chapter 35), the NRC is requesting
• NRC’s Agencywide Documents public comment on its intention to
Requirements for Land Disposal of
Access and Management System request the OMB’s approval for the
Radioactive Waste
(ADAMS): You may obtain publicly- information collection summarized
AGENCY: Nuclear Regulatory available documents online in the below.
Commission. ADAMS Public Documents collection at 1. The title of the information
ACTION: Renewal of existing information http://www.nrc.gov/reading-rm/ collection: 10 CFR part 61—Licensing
collection; request for comment. adams.html. To begin the search, select Requirements for Land Disposal of
‘‘ADAMS Public Documents’’ and then Radioactive Waste.
SUMMARY: The U.S. Nuclear Regulatory select ‘‘Begin Web-based ADAMS 2. OMB approval number: 3150–0135.
Commission (NRC) invites public Search.’’ For problems with ADAMS, 3. Type of submission: Extension.
comment on the renewal of Office of please contact the NRC’s Public 4. The form number, if applicable:
Management and Budget (OMB) Document Room (PDR) reference staff at Not applicable.
approval for an existing collection of 1–800–397–4209, 301–415–4737, or by 5. How often the collection is required
information. The information collection email to pdr.resource@nrc.gov. The or requested: Applications for licenses
is entitled, ‘‘Licensing Requirements for supporting statement is available in are submitted as needed. Other reports
Land Disposal of Radioactive Waste.’’ ADAMS under Accession No. are submitted annually and as other
DATES: Submit comments by July 10, ML17024A191. events require.
2017. Comments received after this date • NRC’s PDR: You may examine and 6. Who will be required or asked to
will be considered if it is practical to do purchase copies of public documents at respond: Applicants for and holders of
so, but the Commission is able to ensure the NRC’s PDR, Room O1–F21, One an NRC license (to include Agreement
consideration only for comments White Flint North, 11555 Rockville State licensees) for land disposal of low-
received on or before this date. Pike, Rockville, Maryland 20852. level radioactive waste.
ADDRESSES: You may submit comments • NRC’s Clearance Officer: A copy of 7. The estimated number of annual
by any of the following methods: the collection of information and related responses: 16 (12 reporting responses +
• Federal Rulemaking Web site: Go to instructions may be obtained without 4 recordkeepers).
jstallworth on DSK7TPTVN1PROD with NOTICES
http://www.regulations.gov and search charge by contacting NRC’s Clearance 8. The estimated number of annual
for Docket ID NRC–2017–0067. Address Officer, David Cullison, Office of the respondents: 4.
questions about NRC dockets to Carol Chief Information Officer, U.S. Nuclear 9. The estimated number of hours
Gallagher; telephone: 301–415–3463; Regulatory Commission, Washington, needed annually to comply with the
email: Carol.Gallagher@nrc.gov. For DC 20555–0001; telephone: 301–415– information collection requirement or
technical questions, contact the 2084; email: INFOCOLLECTS.Resource@ request: 5,372 hours (56 hours reporting
individual listed in the FOR FURTHER nrc.gov. + 5,316 hours recordkeeping).
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Document Created: 2017-05-10 00:00:40
Document Modified: 2017-05-10 00:00:40
| 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. | |
| Dates | May 10, 2017. | |
| Contact | Marlayna G. Vaaler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3178, email: [email protected] | |
| FR Citation | 82 FR 21832 |
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