82 FR 23632 - Dominion Energy Kewaunee, Inc.; Kewaunee Power Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 98 (May 23, 2017)
Federal Register Volume 82, Issue 98 (May 23, 2017)
| Page Range | 23632-23635 | |
| FR Document | 2017-10431 |
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)] [Notices] [Pages 23632-23635] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10431] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-305; NRC-2017-0121] Dominion Energy Kewaunee, Inc.; Kewaunee Power Station AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a partial exemption in response to an October 13, 2016, request from Dominion Energy Kewaunee, Inc. (the licensee or DEK). The issuance of the exemption would grant DEK a partial exemption from regulations that require the retention of records for certain systems, structures, and components associated with the Kewaunee Power Station (KPS) until the termination of the KPS operating license. DATES: The exemption was issued on May 10, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0121 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-2017-0121. 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 it is available in ADAMS) is provided the first time that it is mentioned in this document. 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: Ted H. Carter, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5543; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background By letter dated May 14, 2013, DEK submitted a certification of permanent removal of fuel from the KPS reactor vessel (ADAMS Accession No. [[Page 23633]] ML13135A209). Consequently, the part 50 of title 10 of the Code of Federal Regulations (10 CFR), license for KPS no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel, as specified in 10 CFR 50.82(a)(2). The DEK's decommissioning plans for KPS are described in the Post Shutdown Decommissioning Activities Report (PSDAR) submitted on April 25, 2014 (ADAMS Accession No. ML14118A382). According to its PSDAR, DEK plans to decommission KPS using a SAFSTOR method in which most fluid systems are drained and the plant is left in a stable condition until final decontamination and dismantlement activities begin. The irradiated fuel will be stored in the Independent Spent Fuel Storage Installation (ISFSI) until it is shipped off site. With the reactor and the spent fuel pool (SFP) emptied of fuel, the reactor, reactor coolant system, secondary system, and SFP (including its support systems) will no longer be in operation and will have no function related to the safe storage and management of irradiated fuel. II. Request/Action By letter dated October 13, 2016 (ADAMS Accession No. ML16291A494), DEK filed a request for NRC approval of an exemption from the record retention requirements of: (1) 10 CFR part 50, appendix B, Criterion XVII, ``Quality Assurance Records,'' which requires certain records (e.g., results of inspections, tests, and materials analyses) be maintained consistent with applicable regulatory requirements; (2) 10 CFR 50.59(d)(3), which requires that records of changes in the facility must be maintained until termination of a license issued pursuant to 10 CFR part 50; and (3) 10 CFR 50.71(c), which requires certain records to be retained for the period specified by the appropriate regulation, license condition, or technical specification, or until termination of the license if not otherwise specified. The licensee proposed to eliminate: (1) Records associated with structures, systems, and components (SSCs) and activities that were applicable to the nuclear unit, which are no longer required by the 10 CFR part 50 licensing basis (i.e., removed from the Updated Safety Analysis Report and/or Technical Specifications by appropriate change mechanisms; and (2) records associated with the storage of spent nuclear fuel in the SFP once all fuel has been removed from the SFP and the KPS license no longer allows storage of fuel in the SFP. The licensee cites record retention exemptions granted to Zion Nuclear Power Station, Units 1 and 2 (ADAMS Accession No. ML111260277), Millstone Power Station, Unit 1 (ADAMS Accession No. ML070110567), Vermont Yankee Nuclear Power Station (ADAMS Accession No. ML15344A243), and San Onofre Nuclear Generating Station, Units 1, 2, and 3 (ADAMS Accession No. ML15355A055), as examples of the NRC granting similar requests. Records associated with residual radiological activity and with programmatic controls necessary to support decommissioning, such as security and quality assurance, are not affected by the exemption request because they will be retained as decommissioning records until the termination of the KPS license. In addition, the licensee did not request an exemption associated with any other recordkeeping requirements for the storage of spent fuel at its ISFSI under 10 CFR part 50 or the general license requirements of 10 CFR part 72. No exemption was requested from the decommissioning records retention requirements of 10 CFR 50.75, or any other requirements of 10 CFR part 50 applicable to decommissioning and dismantlement. 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 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. However, the Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are described in 10 CFR 50.12(a)(2). As described in the PSDAR, many of the KPS reactor facility SSCs are planned to be abandoned in place pending dismantlement. Abandoned SSCs are no longer operable or maintained. Following permanent removal of fuel from the SFP, those SSCs required to support safe storage of spent fuel in the SFP will also be abandoned. In its October 13, 2016, exemption request, the licensee stated that the basis for eliminating records associated with reactor facility SSCs and activities is that these SSCs have been (or will be) removed from service per regulatory change processes, dismantled or demolished, and no longer have any function regulated by the NRC. The DEK recognizes that some records related to the nuclear unit will continue to be under NRC regulation primarily due to residual radioactivity. The radiological and other necessary programmatic controls (such as security, quality assurance, etc.) for the facility and the implementation of controls for the defueled condition and the decommissioning activities are and will continue to be appropriately addressed through the license and current plant documents such as the Updated Safety Analysis Report and Technical Specifications. Except for future changes made through the applicable change process defined in the regulations (e.g., 10 CFR 50.48(f), 10 CFR 50.59, 10 CFR 50.90, 10 CFR 50.54(a), 10 CFR 50.54(p), 10 CFR 50.54(q), etc.), these programmatic elements and their associated records are unaffected by the requested exemption. Records necessary for SFP SSCs and activities will continue to be retained through the period that the SFP is needed for safe storage of irradiated fuel. Analogous to other plant records, once the SFP is permanently emptied of fuel, there will be no need for retaining SFP related records. The licensee's general justification for eliminating records associated with KPS SSCs that have been or will be removed from service under the NRC license, dismantled, or demolished, is that these SSCs will not in the future serve any KPS functions regulated by the NRC. The DEK's dismantlement plans involve evaluating SSCs with respect to the current facility safety analysis; progressively removing them from the licensing basis where necessary through appropriate change mechanisms (e.g., 10 CFR 50.59 or via NRC-approved technical specification changes, as applicable); revising the Defueled Safety Analysis Report and/or Updated Safety Analysis Report as necessary; and then proceeding with an orderly dismantlement. Dismantlement of the plant structures will also include dismantling existing records storage facilities. The DEK intends to retain the records required by its license as the facility's decommissioning transitions as described in the PSDAR. However, equipment abandonment will obviate the regulatory and business needs for maintenance of most records. As the SSCs are removed from the licensing basis, DEK asserts that the need for their records is, on a practical basis, eliminated. Therefore, DEK is requesting exemption from the associated records retention requirements for SSCs and historical activities that are no longer relevant. Approval of the requested exemption would eliminate the associated burden of creating alternative record storage locations, and relocating [[Page 23634]] records to, and retaining records in the alternative locations for those records relevant only to past power operations. The DEK is not requesting exemption from any recordkeeping requirements for storage of spent fuel at an ISFSI under 10 CFR part 50 or the general license requirements of 10 CFR part 72. The Exemption Is Authorized by Law The NRC staff has determined that granting the licensee's proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, other laws, or the Commission's regulations. Therefore, the exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) is authorized by law. The Exemption Presents No Undue Risk to Public Health and Safety Removal of the underlying SSCs associated with the records for which KPS has requested an exemption from recordkeeping requirements has been or will be determined by the licensee to have no adverse public health and safety impact, in accordance with 10 CFR 50.59 or an NRC-approved license amendment. These change processes involve either a determination by the licensee or an approval from the NRC that the affected SSCs no longer serve any safety purpose regulated by the NRC. Elimination of records associated with these removed SSCs can have no impact to public health and safety. The partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the records described is administrative in nature and will have no impact on any remaining decommissioning activities or on radiological effluents. The exemption will only advance the schedule for disposition of the specified records. Considering the content of these records, the elimination of these records on an advanced timetable will have no reasonable possibility of presenting any undue risk to the public health and safety. The Exemption Is Consistent With the Common Defense and Security The elimination of the recordkeeping requirements does not involve information or activities that could potentially impact the common defense and security of the United States. Upon dismantlement of the affected SSCs, the records have no functional purpose relative to maintaining the safe operation of the SSCs, maintaining conditions that would affect the ongoing health and safety of workers or the public, or informing decisions related to nuclear security. Rather, the exemption requested is administrative in nature and would only advance the current schedule for disposition of the specified records. Therefore, the partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the types of records described is consistent with the common defense and security. Special Circumstances Paragraph 50.12(a)(2) states, in part: ``The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever: . . . (ii) 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; [and] (iii) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted. . . .'' Criterion XVII of 10 CFR part 50, Appendix B, states in part: ``Sufficient records shall be maintained to furnish evidence of activities affecting quality.'' Paragraph 50.59(d)(3) states in part: ``The records of changes in the facility must be maintained until the termination of an operating license issued under this part. . . .'' Paragraph 50.71(c), states in part: ``Records that are required by the regulations in this part or 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 Statement of Considerations (SOC) for the final rulemaking, ``Retention Periods for Records'' (53 FR 19240; May 27, 1988), in response to public comments received during the rulemaking process, the NRC stated that records must be retained ``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.'' In the SOC the Commission also explained that requiring licensees to maintain adequate records assists the NRC ``in judging compliance and noncompliance, to act on possible noncompliance, and to examine facts as necessary following any incident.'' These regulations apply to licensees in decommissioning despite the fact that, during the decommissioning process, safety-related SSCs are retired or disabled and subsequently removed from NRC licensing basis documents by appropriate change mechanisms. Appropriate removal of an SSC from the licensing basis requires either a determination by the licensee or an approval from the NRC that the SSC no longer has the potential to cause an accident, event, or other problem which would adversely impact public health and safety. The records subject to removal under this exemption are associated with SSCs that had been important to safety during power operation or operation of the SFP but are no longer capable of causing an event, incident, or condition that would adversely impact public health and safety, as evidenced by their appropriate removal from the licensing basis documents. If the SSCs no longer have the potential to cause these scenarios, then it is reasonable to conclude that the records associated with these SSCs would not reasonably be necessary to assist the NRC in determining compliance and noncompliance, taking action on possible noncompliance, and examining facts following an incident. Therefore, their retention would not serve the underlying purpose of the rule. In addition, once removed from the 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. As such, retention of records associated with SSCs that are or will no longer be part of the facility serves no safety or regulatory purpose, nor does it serve the underlying purpose of the rule of maintaining compliance with the safety and health aspects of the nuclear environment in order to accomplish the NRC's mission. Accordingly, special circumstances are present which the NRC may consider, pursuant to 10 CFR 50.12(a)(2)(ii), to grant the requested exemption. Records which continue to serve the underlying purpose of the rule, that is, to maintain compliance and to protect public health and safety in support of the NRC's mission, will continue to be retained pursuant to the 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, and quality [[Page 23635]] assurance, as well as records associated with the ISFSI and spent fuel assemblies. The retention of records required by 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) 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 rule results in a considerable cost to the licensee. Retention of the volume of records associated with the SSCs during the operational phase is appropriate to serve the underlying purpose of determining compliance and noncompliance, taking action on possible noncompliance, and examining facts following an incident, as discussed. However, the cost effect of retaining operational phase records beyond the operations phase until the termination of the license was not fully considered or understood when the records retention rule was put in place. For example, existing records storage facilities are often eliminated as decommissioning progresses. Retaining records associated with SSCs and activities that no longer serve a safety or regulatory purpose would therefore necessitate creation of new facilities and retention of otherwise unneeded administrative support personnel. As such, compliance with the rule would result in an undue cost in excess of that contemplated when the rule was adopted. Accordingly, special circumstances are present which the NRC may consider, pursuant to 10 CFR 50.12(a)(2)(iii), to grant the requested exemption. Environmental Considerations Pursuant to 10 CFR 51.22(b) and (c)(25), the granting of an exemption from the requirements of any regulation in Chapter I of 10 CFR is a categorical exclusion provided that: (1) There is no significant hazards consideration; (2) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (3) there is no significant increase in individual or cumulative public or occupational radiation exposure; (4) there is no significant construction impact; (5) there is no significant increase in the potential for or consequences from radiological accidents; and (6) the requirements from which an exemption is sought are among those identified in 10 CFR 51.22(c)(25)(vi). The NRC staff 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 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) at the decommissioning Kewaunee Power Station does not: (1) Involve a significant increase in the probability or consequences of an accident previously evaluated; (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety (10 CFR 50.92(c)). Likewise, 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 regulations are not associated with construction, so there is no significant construction impact. The exempted regulations do not concern the source term (i.e., potential amount of radiation involved an accident) or accident mitigation; therefore, there is no significant increase in the potential for, or consequences from, radiological accidents. Allowing the licensee partial exemption from the record retention requirements for which the exemption is sought involves recordkeeping requirements, as well as reporting requirements of an administrative, managerial, or organizational nature. Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR 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 The NRC staff has determined that the requested partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) will not present an undue risk to the public health and safety. The destruction of the identified records will not impact remaining decommissioning activities; plant operations, configuration, and/or radiological effluents; operational and/or installed SSCs that are quality-related or important to safety; or nuclear security. The NRC staff has determined that the destruction of the identified records is administrative in nature and does not involve information or activities that could potentially impact the common defense and security of the United States. The purpose for the recordkeeping regulations is to assist the NRC in carrying out its mission to protect the public health and safety by ensuring that the licensing and design basis of the facility is understood, documented, preserved and retrievable in such a way that will aid the NRC in determining compliance and noncompliance, taking action on possible noncompliance, and examining facts following an incident. Since the KPS SSCs that were safety-related or important to safety have been or will be removed from the licensing basis and removed from the plant, the staff agrees that the records identified in the partial exemption will no longer be required to achieve the underlying purpose of the records retention rule. Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants the Dominion Energy Kewaunee, Inc., a partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the Kewaunee Power Station to advance the schedule to remove records associated with SSCs that have been or will be removed from NRC licensing basis documents by appropriate change mechanisms. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 10th 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. 2017-10431 Filed 5-22-17; 8:45 am] BILLING CODE 7590-01-P
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methodology, as established in NRC clarified the application, did not expand SUMMARY: The U.S. Nuclear Regulatory
Regulatory Guide 1.183, ‘‘Alternative the scope of the application as originally Commission (NRC) is issuing a partial
Radiological Source Terms for noticed, and did not change the NRC exemption in response to an October 13,
Evaluating Design Basis Accidents at staff’s original proposed no significant 2016, request from Dominion Energy
Nuclear Power Reactors,’’ July 2000 hazards consideration determination as Kewaunee, Inc. (the licensee or DEK).
(ADAMS Accession No. ML003716792), published in the Federal Register. The issuance of the exemption would
is used to calculate the offsite and The Commission’s related evaluation grant DEK a partial exemption from
control room radiological consequences of the amendments is contained in a regulations that require the retention of
of postulated accidents for DCPP, Units Safety Evaluation dated April 27, 2017. records for certain systems, structures,
1 and 2. The amendments revised No significant hazards consideration and components associated with the
Technical Specification (TS) 1.1, comments received: No. Kewaunee Power Station (KPS) until the
‘‘Definitions,’’ for the definition of Dose termination of the KPS operating
Equivalent I–131; TS 3.4.16, ‘‘RCS Tennessee Valley Authority, Docket No.
license.
[Reactor Coolant System] Specific 50–390, Watts Bar Nuclear Plant, Unit 1,
Rhea County, Tennessee DATES: The exemption was issued on
Activity,’’ to revise the noble gas May 10, 2017.
activity limit; TS 3.6.3, ‘‘Containment Date of amendment request: June 7,
ADDRESSES: Please refer to Docket ID
Isolation Valves,’’ to require the 48-inch 2016.
containment purge supply and exhaust NRC–2017–0121 when contacting the
Brief description of amendment: The
valves to be sealed closed during Modes NRC about the availability of
amendment modified the Technical
1, 2, 3, and 4; TS 5.5.11, ‘‘Ventilation information regarding this document.
Specifications to allow the use of
Filter Testing Program (VFTP),’’ to You may obtain publicly-available
Component Cooling System (CCS) pump
change the allowable methyl iodide information related to this document
2B–B to support Train 1B operability
penetration testing criteria for the using any of the following methods:
when the normally aligned CCS pump • Federal Rulemaking Web site: Go to
auxiliary building system charcoal filter; C–S is removed from service.
TS 5.5.19, ‘‘Control Room Habitability http://www.regulations.gov and search
Date of issuance: April 27, 2017. for Docket ID NRC–2017–0121. Address
Program,’’ to replace ‘‘whole body or its Effective date: As of the date of
equivalent to any part of the body,’’ questions about NRC dockets to Carol
issuance and shall be implemented Gallagher; telephone: 301–415–3463;
with ‘‘Total Effective Dose Equivalent,’’ within 60 days of issuance.
which is the dose criteria specified in 10 email: Carol.Gallagher@nrc.gov. For
Amendment No.: 113. A publicly- technical questions, contact the
CFR 50.67, and Appendix D, available version is in ADAMS under
‘‘Additional Conditions,’’ for Facility individual listed in the FOR FURTHER
Accession No. ML17081A263; INFORMATION CONTACT section of this
Operating License Nos. DPR–80 and documents related to this amendment
DPR–82 for DCPP, Units 1 and 2, to add document.
are listed in the Safety Evaluation • NRC’s Agencywide Documents
additional license conditions. enclosed with the amendment.
Date of issuance: April 27, 2017. Access and Management System
Facility Operating License No. NPF– (ADAMS): You may obtain publicly-
Effective date: As of its date of 90: Amendment revised the Facility
issuance and shall be implemented available documents online in the
Operating License and Technical ADAMS Public Documents collection at
within 365 days from the date of Specifications.
issuance. http://www.nrc.gov/reading-rm/
Date of initial notice in Federal adams.html. To begin the search, select
Amendment Nos.: Unit 1–230; Unit
Register: September 13, 2016 (81 FR ‘‘ADAMS Public Documents’’ and then
2–232. A publicly-available version is in
62932). select ‘‘Begin Web-based ADAMS
ADAMS under Accession No.
The Commission’s related evaluation Search.’’ For problems with ADAMS,
ML17012A246; documents related to
of the amendment is contained in a please contact the NRC’s Public
these amendments are listed in the
Safety Evaluation dated April 27, 2017. Document Room (PDR) reference staff at
Safety Evaluation enclosed with the
No significant hazards consideration 1–800–397–4209, 301–415–4737, or by
amendments.
comments received: No. email to pdr.resource@nrc.gov. The
Facility Operating License Nos. DPR–
80 and DPR–82: The amendments Dated at Rockville, Maryland, this 11th day ADAMS accession number for each
revised the Facility Operating Licenses of May 2017. document referenced (if it is available in
and Technical Specifications. For the Nuclear Regulatory Commission. ADAMS) is provided the first time that
Date of initial notice in Federal Kathryn M. Brock, it is mentioned in this document.
Register: The license amendment Deputy Director, Division of Operating • NRC’s PDR: You may examine and
request was originally noticed in the Reactor Licensing, Office of Nuclear Reactor purchase copies of public documents at
Federal Register on October 13, 2015 Regulation. the NRC’s PDR, Room O1–F21, One
(80 FR 61486). As a result of the [FR Doc. 2017–10570 Filed 5–22–17; 8:45 am] White Flint North, 11555 Rockville
supplemental letters dated October 22, BILLING CODE 7590–01–P Pike, Rockville, Maryland 20852.
November 2, November 6, and FOR FURTHER INFORMATION CONTACT: Ted
December 17, 2015; and February 1, H. Carter, Office of Nuclear Material
February 10, April 21, June 9, and NUCLEAR REGULATORY Safety and Safeguards; U.S. Nuclear
September 15, 2016, the notice was COMMISSION Regulatory Commission, Washington,
reissued in its entirety to include the DC 20555–0001; telephone: 301–415–
[Docket Nos. 50–305; NRC–2017–0121]
sradovich on DSK3GMQ082PROD with NOTICES
revised scope, description of the 5543; email: Ted.Carter@nrc.gov.
amendment request, and proposed no SUPPLEMENTARY INFORMATION:
significant hazards consideration Dominion Energy Kewaunee, Inc.;
determination on November 8, 2016 (81 Kewaunee Power Station I. Background
FR 78664). AGENCY: Nuclear Regulatory By letter dated May 14, 2013, DEK
The supplemental letters dated Commission. submitted a certification of permanent
October 6 and December 27, 2016, removal of fuel from the KPS reactor
ACTION: Exemption; issuance.
provided additional information that vessel (ADAMS Accession No.
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records to, and retaining records in the health and safety of workers or the examine facts as necessary following
alternative locations for those records public, or informing decisions related to any incident.’’
relevant only to past power operations. nuclear security. These regulations apply to licensees
The DEK is not requesting exemption Rather, the exemption requested is in decommissioning despite the fact
from any recordkeeping requirements administrative in nature and would only that, during the decommissioning
for storage of spent fuel at an ISFSI advance the current schedule for process, safety-related SSCs are retired
under 10 CFR part 50 or the general disposition of the specified records. or disabled and subsequently removed
license requirements of 10 CFR part 72. Therefore, the partial exemption from from NRC licensing basis documents by
the recordkeeping requirements of 10 appropriate change mechanisms.
The Exemption Is Authorized by Law CFR 50.71(c); 10 CFR part 50, appendix Appropriate removal of an SSC from the
The NRC staff has determined that B, Criterion XVII; and 10 CFR licensing basis requires either a
granting the licensee’s proposed 50.59(d)(3) for the types of records determination by the licensee or an
exemption will not result in a violation described is consistent with the approval from the NRC that the SSC no
of the Atomic Energy Act of 1954, as common defense and security. longer has the potential to cause an
amended, other laws, or the accident, event, or other problem which
Commission’s regulations. Therefore, Special Circumstances
would adversely impact public health
the exemption from the recordkeeping Paragraph 50.12(a)(2) states, in part: and safety.
requirements of 10 CFR 50.71(c); 10 CFR ‘‘The Commission will not consider The records subject to removal under
part 50, appendix B, Criterion XVII; and granting an exemption unless special this exemption are associated with SSCs
10 CFR 50.59(d)(3) is authorized by law. circumstances are present. Special that had been important to safety during
circumstances are present whenever: power operation or operation of the SFP
The Exemption Presents No Undue Risk . . . (ii) Application of the regulation in but are no longer capable of causing an
to Public Health and Safety the particular circumstances would not event, incident, or condition that would
Removal of the underlying SSCs serve the underlying purpose of the rule adversely impact public health and
associated with the records for which or is not necessary to achieve the safety, as evidenced by their appropriate
KPS has requested an exemption from underlying purpose of the rule; [and] removal from the licensing basis
recordkeeping requirements has been or (iii) Compliance would result in undue documents. If the SSCs no longer have
will be determined by the licensee to hardship or other costs that are the potential to cause these scenarios,
have no adverse public health and significantly in excess of those then it is reasonable to conclude that the
safety impact, in accordance with 10 contemplated when the regulation was records associated with these SSCs
CFR 50.59 or an NRC-approved license adopted. . . .’’ would not reasonably be necessary to
amendment. These change processes Criterion XVII of 10 CFR part 50, assist the NRC in determining
involve either a determination by the Appendix B, states in part: ‘‘Sufficient compliance and noncompliance, taking
licensee or an approval from the NRC records shall be maintained to furnish action on possible noncompliance, and
that the affected SSCs no longer serve evidence of activities affecting quality.’’ examining facts following an incident.
any safety purpose regulated by the Paragraph 50.59(d)(3) states in part: Therefore, their retention would not
NRC. Elimination of records associated ‘‘The records of changes in the facility serve the underlying purpose of the
with these removed SSCs can have no must be maintained until the rule.
impact to public health and safety. termination of an operating license In addition, once removed from the
The partial exemption from the issued under this part. . . .’’ licensing basis documents, SSCs are no
recordkeeping requirements of 10 CFR Paragraph 50.71(c), states in part: longer governed by the NRC’s
50.71(c); 10 CFR part 50, appendix B, ‘‘Records that are required by the regulations, and therefore are not
Criterion XVII; and 10 CFR 50.59(d)(3) regulations in this part or part 52 of this subject to compliance with the safety
for the records described is chapter, by license condition, or by and health aspects of the nuclear
administrative in nature and will have technical specifications must be environment. As such, retention of
no impact on any remaining retained for the period specified by the records associated with SSCs that are or
decommissioning activities or on appropriate regulation, license will no longer be part of the facility
radiological effluents. The exemption condition, or technical specification. If serves no safety or regulatory purpose,
will only advance the schedule for a retention period is not otherwise nor does it serve the underlying purpose
disposition of the specified records. specified, these records must be of the rule of maintaining compliance
Considering the content of these retained until the Commission with the safety and health aspects of the
records, the elimination of these records terminates the facility license. . . .’’ nuclear environment in order to
on an advanced timetable will have no In the Statement of Considerations accomplish the NRC’s mission.
reasonable possibility of presenting any (SOC) for the final rulemaking, Accordingly, special circumstances are
undue risk to the public health and ‘‘Retention Periods for Records’’ (53 FR present which the NRC may consider,
safety. 19240; May 27, 1988), in response to pursuant to 10 CFR 50.12(a)(2)(ii), to
public comments received during the grant the requested exemption.
The Exemption Is Consistent With the rulemaking process, the NRC stated that Records which continue to serve the
Common Defense and Security records must be retained ‘‘for NRC to underlying purpose of the rule, that is,
The elimination of the recordkeeping ensure compliance with the safety and to maintain compliance and to protect
requirements does not involve health aspects of the nuclear public health and safety in support of
information or activities that could environment and for the NRC to the NRC’s mission, will continue to be
sradovich on DSK3GMQ082PROD with NOTICES
potentially impact the common defense accomplish its mission to protect the retained pursuant to the regulations in
and security of the United States. Upon public health and safety.’’ In the SOC 10 CFR part 50 and 10 CFR part 72.
dismantlement of the affected SSCs, the the Commission also explained that These retained records not subject to the
records have no functional purpose requiring licensees to maintain adequate exemption include those associated
relative to maintaining the safe records assists the NRC ‘‘in judging with programmatic controls, such as
operation of the SSCs, maintaining compliance and noncompliance, to act those pertaining to residual
conditions that would affect the ongoing on possible noncompliance, and to radioactivity, security, and quality
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![Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices 23635
assurance, as well as records associated involves no significant hazards carrying out its mission to protect the
with the ISFSI and spent fuel consideration because allowing the public health and safety by ensuring
assemblies. licensee exemption from the that the licensing and design basis of the
The retention of records required by recordkeeping requirements of 10 CFR facility is understood, documented,
10 CFR 50.71(c); 10 CFR part 50, 50.71(c); 10 CFR part 50, appendix B, preserved and retrievable in such a way
appendix B, Criterion XVII; and 10 CFR Criterion XVII; and 10 CFR 50.59(d)(3) that will aid the NRC in determining
50.59(d)(3) provides assurance that at the decommissioning Kewaunee compliance and noncompliance, taking
records associated with SSCs will be Power Station does not: (1) Involve a action on possible noncompliance, and
captured, indexed, and stored in an significant increase in the probability or examining facts following an incident.
environmentally suitable and retrievable consequences of an accident previously Since the KPS SSCs that were safety-
condition. Given the volume of records evaluated; (2) create the possibility of a related or important to safety have been
associated with the SSCs, compliance new or different kind of accident from or will be removed from the licensing
with the records retention rule results in any accident previously evaluated; or basis and removed from the plant, the
a considerable cost to the licensee. (3) involve a significant reduction in a staff agrees that the records identified in
Retention of the volume of records margin of safety (10 CFR 50.92(c)). the partial exemption will no longer be
associated with the SSCs during the Likewise, there is no significant change required to achieve the underlying
operational phase is appropriate to serve in the types or significant increase in purpose of the records retention rule.
the underlying purpose of determining the amounts of any effluents that may be Accordingly, the Commission has
compliance and noncompliance, taking released offsite, and no significant determined that, pursuant to 10 CFR
action on possible noncompliance, and increase in individual or cumulative 50.12, the exemption is authorized by
examining facts following an incident, public or occupational radiation law, will not present an undue risk to
as discussed. exposure. the public health and safety, and is
However, the cost effect of retaining The exempted regulations are not consistent with the common defense
operational phase records beyond the associated with construction, so there is and security. Also, special
operations phase until the termination no significant construction impact. The circumstances are present. Therefore,
of the license was not fully considered exempted regulations do not concern the Commission hereby grants the
or understood when the records the source term (i.e., potential amount Dominion Energy Kewaunee, Inc., a
retention rule was put in place. For of radiation involved an accident) or partial exemption from the
example, existing records storage accident mitigation; therefore, there is recordkeeping requirements of 10 CFR
facilities are often eliminated as no significant increase in the potential 50.71(c); 10 CFR part 50, appendix B,
decommissioning progresses. Retaining for, or consequences from, radiological Criterion XVII; and 10 CFR 50.59(d)(3)
records associated with SSCs and accidents. Allowing the licensee partial for the Kewaunee Power Station to
activities that no longer serve a safety or exemption from the record retention advance the schedule to remove records
regulatory purpose would therefore requirements for which the exemption associated with SSCs that have been or
necessitate creation of new facilities and is sought involves recordkeeping will be removed from NRC licensing
retention of otherwise unneeded requirements, as well as reporting basis documents by appropriate change
administrative support personnel. As requirements of an administrative, mechanisms.
such, compliance with the rule would managerial, or organizational nature. This exemption is effective upon
result in an undue cost in excess of that Therefore, pursuant to 10 CFR issuance.
contemplated when the rule was 51.22(b) and 10 CFR 51.22(c)(25), no
adopted. Accordingly, special environmental impact statement or Dated at Rockville, Maryland, this 10th day
of May 2017.
circumstances are present which the environmental assessment need be
For the Nuclear Regulatory Commission.
NRC may consider, pursuant to 10 CFR prepared in connection with the
50.12(a)(2)(iii), to grant the requested approval of this exemption request. John R. Tappert,
exemption. Director, Division of Decommissioning,
IV. Conclusions Uranium Recovery and Waste Programs,
Environmental Considerations The NRC staff has determined that the Office of Nuclear Material Safety and
Pursuant to 10 CFR 51.22(b) and requested partial exemption from the Safeguards.
(c)(25), the granting of an exemption recordkeeping requirements of 10 CFR [FR Doc. 2017–10431 Filed 5–22–17; 8:45 am]
from the requirements of any regulation 50.71(c); 10 CFR part 50, appendix B, BILLING CODE 7590–01–P
in Chapter I of 10 CFR is a categorical Criterion XVII; and 10 CFR 50.59(d)(3)
exclusion provided that: (1) There is no will not present an undue risk to the
significant hazards consideration; (2) public health and safety. The OFFICE OF PERSONNEL
there is no significant change in the destruction of the identified records will MANAGEMENT
types or significant increase in the not impact remaining decommissioning
amounts of any effluents that may be activities; plant operations, President’s Commission on White
released offsite; (3) there is no configuration, and/or radiological House Fellowships Advisory
significant increase in individual or effluents; operational and/or installed Committee: Closed Meeting
cumulative public or occupational SSCs that are quality-related or AGENCY: President’s Commission on
radiation exposure; (4) there is no important to safety; or nuclear security. White House Fellowships, U.S. Office of
significant construction impact; (5) The NRC staff has determined that the Personnel Management.
sradovich on DSK3GMQ082PROD with NOTICES
there is no significant increase in the destruction of the identified records is ACTION: Notice of meeting.
potential for or consequences from administrative in nature and does not
radiological accidents; and (6) the involve information or activities that SUMMARY: The President’s Commission
requirements from which an exemption could potentially impact the common on White House Fellowships (PCWHF)
is sought are among those identified in defense and security of the United was established by an Executive Order
10 CFR 51.22(c)(25)(vi). States. in 1964. The PCWHF is an advisory
The NRC staff has determined that The purpose for the recordkeeping committee composed of Special
approval of the exemption request regulations is to assist the NRC in Government Employees appointed by
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Document Created: 2017-05-23 02:14:48
Document Modified: 2017-05-23 02:14:48
| 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 | The exemption was issued on May 10, 2017. | |
| Contact | Ted H. Carter, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5543; email: [email protected] | |
| FR Citation | 82 FR 23632 |
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