83_FR_31554 83 FR 31425 - Exelon Generation Company, LLC; Oyster Creek Nuclear Generating Station

83 FR 31425 - Exelon Generation Company, LLC; Oyster Creek Nuclear Generating Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range31425-31429
FR Document2018-14391

The U.S. Nuclear Regulatory Commission (NRC) issued a partial exemption in response to an April 12, 2018, request from Exelon Generation Company, LLC (the licensee or Exelon). The issuance of the exemption grants Exelon a partial exemption from regulations that require the retention of records for certain systems, structures, and components associated with the Oyster Creek Nuclear Generating Station (Oyster Creek) until the termination of the Oyster Creek operating license.

Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Notices]
[Pages 31425-31429]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14391]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219; NRC-2018-0136]


Exelon Generation Company, LLC; Oyster Creek Nuclear Generating 
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a partial 
exemption in response to an April 12, 2018, request from Exelon 
Generation Company, LLC (the licensee or Exelon). The issuance of the 
exemption grants Exelon a partial exemption from regulations that 
require the retention of records for certain systems, structures, and 
components associated with the Oyster Creek Nuclear Generating Station 
(Oyster Creek) until the termination of the Oyster Creek operating 
license.

DATES: The exemption was issued on June 26, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0136 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0136. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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: John G. Lamb, Office of Nuclear 
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3100, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated at Rockville, Maryland, this 29th day of June, 2018.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Special Projects and Process Branch, Division 
of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption.

NUCLEAR REGULATORY COMMISSION [Docket No. 50-219] Exelon Generation 
Company, LLC Oyster Creek Nuclear Generating Station Exemption

I. Background.

    The Oyster Creek Nuclear Generating Station (Oyster Creek) site is 
a single unit facility located in Lacey Township, New Jersey. The site 
is near the Atlantic Ocean situated on approximately 152 acres in Ocean 
County, New Jersey. The Oyster Creek facility employs a General 
Electric boiling water reactor nuclear steam supply system licensed to 
generate 1,930 megawatts-thermal. The boiling water reactor and 
supporting facilities are owned and operated by Exelon Generation 
Company, LLC (Exelon, the licensee). Exelon is the holder of the Oyster 
Creek Renewed Facility Operating License No. DPR-16. The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC) now or hereafter in effect.
    By letter dated February 14, 2018 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML18045A084), Exelon submitted 
a notification to the NRC

[[Page 31426]]

indicating that it would permanently shut down Oyster Creek no later 
than October 31, 2018. Once Exelon certifies that it has permanently 
defueled the Oyster Creek reactor vessel and placed the fuel in the 
spent fuel pool (SFP), accordingly, pursuant to Sec.  50.82(a)(2) of 
Title 10 of the Code of Federal Regulations (10 CFR), the Oyster Creek 
renewed facility operating license would no longer authorize operation 
of the reactor or emplacement or retention of fuel in the reactor 
vessel. However, the licensee would still be authorized to possess and 
store irradiated nuclear fuel. Irradiated fuel is currently being 
stored onsite in a SFP and in independent spent fuel storage 
installation (ISFSI) dry casks. The irradiated fuel will be stored in 
the ISFSI until it is shipped off site. With the reactor emptied of 
fuel, the reactor, reactor coolant system, and secondary system 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 April 12, 2018 (ADAMS Accession No. ML18102A763), 
Exelon submitted an exemption request for NRC approval 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 requested the exemptions because it wants 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 final 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 Oyster Creek 
license no longer allows storage of fuel in the SFP. The licensee cites 
record retention exemptions granted to Millstone Power Station, Unit 1 
(ADAMS Accession No. ML070110567), Zion Nuclear Power Station, Units 1 
and 2 (ADAMS Accession No. ML111260277), Vermont Yankee Nuclear Power 
Station (ADAMS Accession No. ML15344A243), and San Onofre Nuclear 
Generating Station, Units 1, 2, and 3 (ADAMS Accession No. 
ML15355A055), and Kewaunee Power Station (ADAMS Accession No. 
ML17069A394) 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, as 
required by 10 CFR part 50, until the termination of the Oyster Creek 
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).
    Many of the Oyster Creek reactor facility SSCs are planned to be 
abandoned in place pending dismantlement. Abandoned SSCs will no longer 
be 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 April 12, 2018, 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 licensee 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 final safety analysis report (UFSAR) and technical 
specifications (TSs). 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.
    Exelon's general justification for eliminating records associated 
with Oyster Creek 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 Oyster Creek functions regulated by 
the NRC. The licensee'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[dash]approved TS changes, as applicable); revising the defueled 
safety analysis report and/or UFSAR as necessary; and then proceeding 
with an orderly dismantlement. Dismantlement of the plant structures 
will also include dismantling existing records storage facilities.
    Exelon intends to retain the records required by its license as the 
facility's decommissioning transitions. However, equipment abandonment 
will obviate the regulatory and business needs for maintenance of most 
records. As the SSCs are removed from the licensing basis, Exelon 
asserts that the need for their records is, on a practical basis, 
eliminated. Therefore, Exelon is requesting to be exempted from the 
associated records retention requirements for SSCs and historical 
activities that are no longer relevant.

[[Page 31427]]

Approval of the exemption request would eliminate the associated burden 
of creating alternative record storage locations, and relocating 
records to, and retaining records in the alternative locations for 
those records relevant only to past power operations. Exelon is not 
requesting to be exempted 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.

A. Authorized by Law.

    As stated above, 10 CFR 50.12 allows the NRC to grant exemptions 
from 10 CFR part 50 requirements if it makes certain findings. As 
described here and in the sections below, the NRC staff has determined 
that special circumstances exist to grant the exemption. In addition, 
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 granting of the exemption 
request 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.

B. No Undue Risk to Public Health and Safety.

    As SSCs are prepared for SAFSTOR and eventual decommissioning and 
dismantlement, they will be removed from NRC licensing basis documents 
through appropriate change mechanisms, such as through the 10 CFR 50.59 
process or through a license amendment request approved by the NRC. 
These change processes involve 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 public health and safety. In turn, 
elimination of records associated with these removed SSCs would not 
cause any additional impact to public health and safety.
    The granting of the exemption request 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 granting 
of the exemption request will only advance the schedule for disposition 
of the specified records. Because these records contain information 
about SSCs associated with reactor operation and contain no information 
needed to maintain the facility in a safe condition when the facility 
is permanently defueled and the SSCs are dismantled, 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.

C. Consistent with 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 exemptions requested are administrative in nature in 
that they would only advance the current schedule for disposition of 
the specified records. Therefore, the exemption request 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.

D. 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; or (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, during the 
decommissioning process, safety-related SSCs are retired or disabled 
and subsequently removed from NRC licensing basis documents by 
appropriate means. Appropriate removal of an SSC from the licensing 
basis requires either a determination by the licensee, or an approval 
from the NRC that concludes 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 that would be subject to removal, if the exemption 
request is granted, 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, 
or 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 (e.g., 
UFSAR or TSs), 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 no longer part of the facility serves no 
safety or regulatory purpose, nor does it

[[Page 31428]]

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. Therefore, special circumstances are 
present which the NRC may consider, pursuant to 10 CFR 50.12(a)(2)(ii), 
to grant the exemption request.
    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 other regulations in 10 CFR part 50 and 10 CFR part 72. Retained 
records that are not subject to the proposed exemption include those 
associated with programmatic controls, such as those pertaining to 
residual radioactivity, security, and quality 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 
eliminated as decommissioning progresses. Retaining records associated 
with SSCs and activities that no longer serve a safety or regulatory 
purpose could therefore necessitate the needless creation of new 
facilities and retention of 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. Therefore, special 
circumstances are also present which the NRC may consider, pursuant to 
10 CFR 50.12(a)(2)(iii), to grant the exemption request.

E. 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 meets the eligibility criteria for 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 exemption request is administrative in nature. The exemption 
request has no effect on SSCs and no effect on the capability of any 
plant SSC to perform its design function. The exemption request would 
not increase the likelihood of the malfunction of any plant SSC.
    The probability of occurrence of previously evaluated accidents is 
not increased, since most previously analyzed accidents will no longer 
be able to occur and the probability and consequences of the remaining 
Fuel Handling Accident are unaffected by the Exemption request. 
Therefore, the exemption request does not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.
    The exemption request does not involve a physical alteration of the 
plant. No new or different type of equipment will be installed and 
there are no physical modifications to existing equipment associated 
with the exemption request. Similarly, the exemption request will not 
physically change any SSCs involved in the mitigation of any accidents. 
Thus, no new initiators or precursors of a new or different kind of 
accident are created. Furthermore, the exemption request does not 
create the possibility of a new accident as a result of new failure 
modes associated with any equipment or personnel failures. No changes 
are being made to parameters within which the plant is normally 
operated, or in the setpoints which initiate protective or mitigative 
actions, and no new failure modes are being introduced. Therefore, the 
exemption request does not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    The exemption request does not alter the design basis or any safety 
limits for the plant. The exemption request does not impact station 
operation or any plant SSC that is relied upon for accident mitigation. 
Therefore, the exemption request does not involve a significant 
reduction in a margin of safety.
    For these reasons, the NRC staff has determined that approval of 
the exemption request involves no significant hazards consideration 
because granting the licensee's exemption request 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 Oyster 
Creek 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 granting of the exemption 
request 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

[[Page 31429]]

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 Oyster Creek 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 exemption request 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 exemptions 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 the Exelon, 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 Oyster Creek 
only to the extent necessary to allow the licensee to advance the 
schedule to remove records associated with SSCs that have been or will 
be removed from NRC licensing basis documents through appropriate 
change mechanism (e.g., 10 CFR 50.59 or via NRC-approved license 
amendment request, as applicable.
    This exemption is effective upon submittal of the licensee's 
certification of permanent fuel removal, under Sec.  50.82(a)(1).

    Dated at Rockville, Maryland, this 26th day of June, 2018.
    For the Nuclear Regulatory Commission.

Joseph G. Giitter, Director,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.

[FR Doc. 2018-14391 Filed 7-3-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                              Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices                                             31425

                                                Address written submissions to Renee                   across all stages of research. The core               http://www.nrc.gov/reading-rm/
                                              Crain, Office of Polar Programs,                         Principles for Conducting Research in                 adams.html. To begin the search, select
                                              National Science Foundation, 2415                        the Arctic are:                                       ‘‘ADAMS Public Documents’’ and then
                                              Eisenhower Avenue, Alexandria, VA                        • Be Accountable                                      select ‘‘Begin Web-based ADAMS
                                              22314.                                                   • Establish Effective Two-way                         Search.’’ For problems with ADAMS,
                                              FOR FURTHER INFORMATION: For further                       Communication                                       please contact the NRC’s Public
                                              information contact Renee Crain at 703–                  • Respect Local Culture and Knowledge                 Document Room (PDR) reference staff at
                                              292–4482 or rcrain@nsf.gov.                              • Build and Sustain Relationships                     1–800–397–4209, 301–415–4737, or by
                                                                                                       • Pursue Responsible Environmental                    email to pdr.resource@nrc.gov. The
                                              SUPPLEMENTARY INFORMATION: All
                                                                                                         Stewardship                                         ADAMS accession number for each
                                              researchers working in the North have
                                                                                                                                                             document referenced (if it is available in
                                              an ethical responsibility toward Arctic                    Dated: June 29, 2018.                               ADAMS) is provided the first time that
                                              communities, their cultures, and the                     Suzanne H. Plimpton,                                  it is mentioned in this document.
                                              environment. The IARPC developed the                     Reports Clearance Officer, National Science              • NRC’s PDR: You may examine and
                                              Principles for the Conduct of Research                   Foundation.                                           purchase copies of public documents at
                                              in the Arctic to provide guidance for                    [FR Doc. 2018–14388 Filed 7–3–18; 8:45 am]            the NRC’s PDR, Room O1–F21, One
                                              researchers in the physical, biological,                 BILLING CODE 7555–01–P                                White Flint North, 11555 Rockville
                                              behavioral, health, economic, political,                                                                       Pike, Rockville, Maryland 20852.
                                              and social sciences and in the
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: John
                                              humanities. The Social Science Task
                                                                                                       NUCLEAR REGULATORY                                    G. Lamb, Office of Nuclear Reactor
                                              Force of the IARPC prepared the current
                                                                                                       COMMISSION                                            Regulation; U.S. Nuclear Regulatory
                                              Principles, with approval by the IARPC
                                                                                                                                                             Commission, Washington, DC 20555–
                                              on June 28, 1990, and published by                       [Docket No. 50–219; NRC–2018–0136]                    0001; telephone: 301–415–3100, email:
                                              IARPC in volume 9, (Spring, 1995, pp.
                                                                                                       Exelon Generation Company, LLC;                       John.Lamb@nrc.gov.
                                              56–57) of the journal ‘‘Arctic Research
                                                                                                       Oyster Creek Nuclear Generating                       SUPPLEMENTARY INFORMATION: The text of
                                              of the United States’’ (https://
                                              www.arctic.gov/publications/related/                     Station                                               the exemption is attached.
                                              arotus.html).                                                                                                    Dated at Rockville, Maryland, this 29th day
                                                 In June 2017, the IARPC Staff Group                   AGENCY:  Nuclear Regulatory                           of June, 2018.
                                              formed the Principles Review Working                     Commission.                                             For the Nuclear Regulatory Commission.
                                              Group to look into revising and                          ACTION: Exemption; issuance.                          John G. Lamb,
                                              updating the current Principles to                                                                             Senior Project Manager, Special Projects and
                                                                                                       SUMMARY:   The U.S. Nuclear Regulatory
                                              reflect advances in theory and in                                                                              Process Branch, Division of Operating Reactor
                                                                                                       Commission (NRC) issued a partial                     Licensing, Office of Nuclear Reactor
                                              practice of community engagement in
                                                                                                       exemption in response to an April 12,                 Regulation.
                                              Arctic research. The revised Principles,
                                                                                                       2018, request from Exelon Generation                  ATTACHMENT—Exemption.
                                              entitled ‘‘Principles for Conducting
                                                                                                       Company, LLC (the licensee or Exelon).
                                              Research in the Arctic (2018)’’ aim to (a)                                                                     NUCLEAR REGULATORY
                                                                                                       The issuance of the exemption grants
                                              establish five core principles for                                                                             COMMISSION [Docket No. 50–219]
                                                                                                       Exelon a partial exemption from
                                              conducting responsible and ethical                                                                             Exelon Generation Company, LLC
                                                                                                       regulations that require the retention of
                                              research in the Arctic, (b) identify ways                                                                      Oyster Creek Nuclear Generating
                                                                                                       records for certain systems, structures,
                                              to strengthen community-researcher                                                                             Station Exemption
                                                                                                       and components associated with the
                                              engagement across all stages of research
                                                                                                       Oyster Creek Nuclear Generating Station               I. Background.
                                              design, data collection, analysis, and
                                                                                                       (Oyster Creek) until the termination of
                                              reporting, and (c) promote wide                                                                                   The Oyster Creek Nuclear Generating
                                                                                                       the Oyster Creek operating license.
                                              implementation and practice of the                                                                             Station (Oyster Creek) site is a single
                                              revised Principles. The audience for the                 DATES: The exemption was issued on                    unit facility located in Lacey Township,
                                              Principles includes academic, federal,                   June 26, 2018.                                        New Jersey. The site is near the Atlantic
                                              state, local, and tribal researchers and                 ADDRESSES: Please refer to Docket ID                  Ocean situated on approximately 152
                                              all other entities conducting research in                NRC–2018–0136 when contacting the                     acres in Ocean County, New Jersey. The
                                              the Arctic. The revised Principles                       NRC about the availability of                         Oyster Creek facility employs a General
                                              encourage mutual respect and                             information regarding this document.                  Electric boiling water reactor nuclear
                                              communication between scientists and                     You may obtain publicly-available                     steam supply system licensed to
                                              Arctic residents. These principles may                   information related to this document                  generate 1,930 megawatts-thermal. The
                                              be applied to any interactions in the                    using any of the following methods:                   boiling water reactor and supporting
                                              Arctic, from interactions with Arctic                      • Federal Rulemaking Website: Go to                 facilities are owned and operated by
                                              residents while travelling or transacting                http://www.regulations.gov and search                 Exelon Generation Company, LLC
                                              with local businesses, to developing                     for Docket ID NRC–2018–0136. Address                  (Exelon, the licensee). Exelon is the
                                              deeper, longer-lasting research                          questions about NRC dockets to Jennifer               holder of the Oyster Creek Renewed
                                              collaborations. Adhering to the                          Borges; telephone: 301–287–9127;                      Facility Operating License No. DPR–16.
                                              Principles for Conducting Research in                    email: Jennifer.Borges@nrc.gov. For                   The license provides, among other
                                              the Arctic is recommended for any                        technical questions, contact the                      things, that the facility is subject to all
                                              person pursuing research in the Arctic.                  individual listed in the FOR FURTHER                  rules, regulations, and orders of the U.S.
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                                                 IARPC requests comments from the                      INFORMATION CONTACT section of this                   Nuclear Regulatory Commission (NRC)
                                              public on the revised Principles for                     document.                                             now or hereafter in effect.
                                              Conducting Research in the Arctic                          • NRC’s Agencywide Documents                           By letter dated February 14, 2018
                                              (2018). IARPC is interested in all                       Access and Management System                          (Agencywide Documents Access and
                                              comments pertaining to the Principles                    (ADAMS): You may obtain publicly-                     Management System (ADAMS)
                                              and including the core principles that                   available documents online in the                     Accession No. ML18045A084), Exelon
                                              researchers are encouraged to adopt                      ADAMS Public Documents collection at                  submitted a notification to the NRC


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                                              31426                           Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices

                                              indicating that it would permanently                     Station, Unit 1 (ADAMS Accession No.                     The licensee recognizes that some
                                              shut down Oyster Creek no later than                     ML070110567), Zion Nuclear Power                      records related to the nuclear unit will
                                              October 31, 2018. Once Exelon certifies                  Station, Units 1 and 2 (ADAMS                         continue to be under NRC regulation
                                              that it has permanently defueled the                     Accession No. ML111260277), Vermont                   primarily due to residual radioactivity.
                                              Oyster Creek reactor vessel and placed                   Yankee Nuclear Power Station (ADAMS                   The radiological and other necessary
                                              the fuel in the spent fuel pool (SFP),                   Accession No. ML15344A243), and San                   programmatic controls (such as security,
                                              accordingly, pursuant to § 50.82(a)(2) of                Onofre Nuclear Generating Station,                    quality assurance, etc.) for the facility
                                              Title 10 of the Code of Federal                          Units 1, 2, and 3 (ADAMS Accession                    and the implementation of controls for
                                              Regulations (10 CFR), the Oyster Creek                   No. ML15355A055), and Kewaunee                        the defueled condition and the
                                              renewed facility operating license                       Power Station (ADAMS Accession No.                    decommissioning activities are and will
                                              would no longer authorize operation of                   ML17069A394) as examples of the NRC                   continue to be appropriately addressed
                                              the reactor or emplacement or retention                  granting similar requests.                            through the license and current plant
                                              of fuel in the reactor vessel. However,                     Records associated with residual                   documents such as the updated final
                                              the licensee would still be authorized to                radiological activity and with                        safety analysis report (UFSAR) and
                                              possess and store irradiated nuclear                     programmatic controls necessary to                    technical specifications (TSs). Except
                                              fuel. Irradiated fuel is currently being                 support decommissioning, such as                      for future changes made through the
                                              stored onsite in a SFP and in                            security and quality assurance, are not               applicable change process defined in
                                              independent spent fuel storage                           affected by the exemption request                     the regulations (e.g., 10 CFR 50.48(f), 10
                                              installation (ISFSI) dry casks. The                      because they will be retained as                      CFR 50.59, 10 CFR 50.90, 10 CFR
                                              irradiated fuel will be stored in the                    decommissioning records, as required                  50.54(a), 10 CFR 50.54(p), 10 CFR
                                              ISFSI until it is shipped off site. With                 by 10 CFR part 50, until the termination              50.54(q), etc.), these programmatic
                                              the reactor emptied of fuel, the reactor,                of the Oyster Creek license. In addition,             elements and their associated records
                                              reactor coolant system, and secondary                    the licensee did not request an                       are unaffected by the requested
                                              system will no longer be in operation                    exemption associated with any other                   exemption.
                                              and will have no function related to the                 recordkeeping requirements for the                       Records necessary for SFP SSCs and
                                              safe storage and management of                           storage of spent fuel at its ISFSI under              activities will continue to be retained
                                              irradiated fuel.                                         10 CFR part 50 or the general license                 through the period that the SFP is
                                                                                                       requirements of 10 CFR part 72. No                    needed for safe storage of irradiated
                                              II. Request/Action.                                                                                            fuel. Analogous to other plant records,
                                                 By letter dated April 12, 2018                        exemption was requested from the
                                                                                                                                                             once the SFP is permanently emptied of
                                              (ADAMS Accession No. ML18102A763),                       decommissioning records retention
                                                                                                                                                             fuel, there will be no need for retaining
                                              Exelon submitted an exemption request                    requirements of 10 CFR 50.75, or any
                                                                                                                                                             SFP related records.
                                              for NRC approval from the record                         other requirements of 10 CFR part 50                     Exelon’s general justification for
                                              retention requirements of: (1) 10 CFR                    applicable to decommissioning and                     eliminating records associated with
                                              part 50, Appendix B, Criterion XVII,                     dismantlement.                                        Oyster Creek SSCs that have been or
                                              ‘‘Quality Assurance Records,’’ which                     III. Discussion.                                      will be removed from service under the
                                              requires certain records (e.g., results of                                                                     NRC license, dismantled, or
                                              inspections, tests, and materials                           Pursuant to 10 CFR 50.12, the                      demolished, is that these SSCs will not
                                              analyses) be maintained consistent with                  Commission may, upon application by                   in the future serve any Oyster Creek
                                              applicable regulatory requirements; (2)                  any interested person or upon its own                 functions regulated by the NRC. The
                                              10 CFR 50.59(d)(3), which requires that                  initiative, grant exemptions from the                 licensee’s dismantlement plans involve
                                              records of changes in the facility must                  requirements of 10 CFR part 50 when                   evaluating SSCs with respect to the
                                              be maintained until termination of a                     the exemptions are authorized by law,                 current facility safety analysis;
                                              license issued pursuant to 10 CFR part                   will not present an undue risk to public              progressively removing them from the
                                              50; and (3) 10 CFR 50.71(c), which                       health or safety, and are consistent with             licensing basis where necessary through
                                              requires certain records to be retained                  the common defense and security.                      appropriate change mechanisms (e.g., 10
                                              for the period specified by the                          However, the Commission will not                      CFR 50.59 or via NRC-approved TS
                                              appropriate regulation, license                          consider granting an exemption unless                 changes, as applicable); revising the
                                              condition, or technical specification, or                special circumstances are present.                    defueled safety analysis report and/or
                                              until termination of the license if not                  Special circumstances are described in                UFSAR as necessary; and then
                                              otherwise specified.                                     10 CFR 50.12(a)(2).                                   proceeding with an orderly
                                                 The licensee requested the                               Many of the Oyster Creek reactor                   dismantlement. Dismantlement of the
                                              exemptions because it wants to                           facility SSCs are planned to be                       plant structures will also include
                                              eliminate: (1) records associated with                   abandoned in place pending                            dismantling existing records storage
                                              structures, systems, and components                      dismantlement. Abandoned SSCs will                    facilities.
                                              (SSCs) and activities that were                          no longer be operable or maintained.                     Exelon intends to retain the records
                                              applicable to the nuclear unit, which are                Following permanent removal of fuel                   required by its license as the facility’s
                                              no longer required by the 10 CFR part                    from the SFP, those SSCs required to                  decommissioning transitions. However,
                                              50 licensing basis (i.e., removed from                   support safe storage of spent fuel in the             equipment abandonment will obviate
                                              the updated final safety analysis report                 SFP will also be abandoned. In its April              the regulatory and business needs for
                                              and/or technical specifications by                       12, 2018, exemption request, the                      maintenance of most records. As the
                                              appropriate change mechanisms; and (2)                   licensee stated that the basis for                    SSCs are removed from the licensing
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                                              records associated with the storage of                   eliminating records associated with                   basis, Exelon asserts that the need for
                                              spent nuclear fuel in the SFP once all                   reactor facility SSCs and activities is               their records is, on a practical basis,
                                              fuel has been removed from the SFP and                   that these SSCs have been (or will be)                eliminated. Therefore, Exelon is
                                              the Oyster Creek license no longer                       removed from service per regulatory                   requesting to be exempted from the
                                              allows storage of fuel in the SFP. The                   change processes, dismantled or                       associated records retention
                                              licensee cites record retention                          demolished, and no longer have any                    requirements for SSCs and historical
                                              exemptions granted to Millstone Power                    function regulated by the NRC.                        activities that are no longer relevant.


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                                                                              Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices                                           31427

                                              Approval of the exemption request                        when the facility is permanently                      specified, these records must be
                                              would eliminate the associated burden                    defueled and the SSCs are dismantled,                 retained until the Commission
                                              of creating alternative record storage                   the elimination of these records on an                terminates the facility license. . . .’’
                                              locations, and relocating records to, and                advanced timetable will have no                          In the statement of considerations
                                              retaining records in the alternative                     reasonable possibility of presenting any              (SOC) for the final rulemaking,
                                              locations for those records relevant only                undue risk to the public health and                   ‘‘Retention Periods for Records’’ (53 FR
                                              to past power operations. Exelon is not                  safety.                                               19240; May 27, 1988), in response to
                                              requesting to be exempted from any                                                                             public comments received during the
                                                                                                       C. Consistent with Common Defense                     rulemaking process, the NRC stated that
                                              recordkeeping requirements for storage
                                                                                                       and Security.                                         records must be retained ‘‘for NRC to
                                              of spent fuel at an ISFSI under 10 CFR
                                              part 50 or the general license                             The elimination of the recordkeeping                ensure compliance with the safety and
                                              requirements of 10 CFR part 72.                          requirements does not involve                         health aspects of the nuclear
                                                                                                       information or activities that could                  environment and for the NRC to
                                              A. Authorized by Law.                                    potentially impact the common defense                 accomplish its mission to protect the
                                                 As stated above, 10 CFR 50.12 allows                  and security of the United States. Upon               public health and safety.’’ In the SOC,
                                              the NRC to grant exemptions from 10                      dismantlement of the affected SSCs, the               the Commission also explained that
                                              CFR part 50 requirements if it makes                     records have no functional purpose                    requiring licensees to maintain adequate
                                              certain findings. As described here and                  relative to maintaining the safe                      records assists the NRC ‘‘in judging
                                              in the sections below, the NRC staff has                 operation of the SSCs, maintaining                    compliance and noncompliance, to act
                                              determined that special circumstances                    conditions that would affect the ongoing              on possible noncompliance, and to
                                              exist to grant the exemption. In                         health and safety of workers or the                   examine facts as necessary following
                                              addition, granting the licensee’s                        public, or informing decisions related to             any incident.’’
                                              proposed exemption will not result in a                  nuclear security.                                        These regulations apply to licensees
                                              violation of the Atomic Energy Act of                      Rather, the exemptions requested are                in decommissioning, during the
                                              1954, as amended, other laws, or the                     administrative in nature in that they                 decommissioning process, safety-related
                                              Commission’s regulations. Therefore,                     would only advance the current                        SSCs are retired or disabled and
                                              the granting of the exemption request                    schedule for disposition of the specified             subsequently removed from NRC
                                              from the recordkeeping requirements of                   records. Therefore, the exemption                     licensing basis documents by
                                              10 CFR 50.71(c); 10 CFR part 50,                         request from the recordkeeping                        appropriate means. Appropriate
                                              Appendix B, Criterion XVII; and 10 CFR                   requirements of 10 CFR 50.71(c); 10 CFR               removal of an SSC from the licensing
                                              50.59(d)(3) is authorized by law.                        part 50, Appendix B, Criterion XVII; and              basis requires either a determination by
                                                                                                       10 CFR 50.59(d)(3) for the types of                   the licensee, or an approval from the
                                              B. No Undue Risk to Public Health and
                                                                                                       records described is consistent with the              NRC that concludes that the SSC no
                                              Safety.
                                                                                                       common defense and security.                          longer has the potential to cause an
                                                 As SSCs are prepared for SAFSTOR                                                                            accident, event, or other problem which
                                              and eventual decommissioning and                         D. Special Circumstances.                             would adversely impact public health
                                              dismantlement, they will be removed                         Paragraph 50.12(a)(2) states, in part:             and safety.
                                              from NRC licensing basis documents                       ‘‘The Commission will not consider                       The records that would be subject to
                                              through appropriate change                               granting an exemption unless special                  removal, if the exemption request is
                                              mechanisms, such as through the 10                       circumstances are present. Special                    granted, are associated with SSCs that
                                              CFR 50.59 process or through a license                   circumstances are present whenever—                   had been important to safety during
                                              amendment request approved by the                        . . . (ii) Application of the regulation in           power operation or operation of the SFP
                                              NRC. These change processes involve a                    the particular circumstances would not                but are no longer capable of causing an
                                              determination by the licensee or an                      serve the underlying purpose of the rule              event, incident, or condition that would
                                              approval by the NRC that the affected                    or is not necessary to achieve the                    adversely impact public health and
                                              SSC no longer serves any safety purpose                  underlying purpose of the rule; or (iii)              safety, as evidenced by their appropriate
                                              regulated by the NRC. Therefore, the                     Compliance would result in undue                      removal from the licensing basis
                                              removal of the SSC would not present                     hardship or other costs that are                      documents. If the SSCs no longer have
                                              an undue risk to public health and                       significantly in excess of those                      the potential to cause these scenarios,
                                              safety. In turn, elimination of records                  contemplated when the regulation was                  then it is reasonable to conclude that the
                                              associated with these removed SSCs                       adopted. . . .’’                                      records associated with these SSCs
                                              would not cause any additional impact                       Criterion XVII of 10 CFR part 50,                  would not reasonably be necessary to
                                              to public health and safety.                             Appendix B, states, in part: ‘‘Sufficient             assist the NRC in determining
                                                 The granting of the exemption request                 records shall be maintained to furnish                compliance and noncompliance, taking
                                              from the recordkeeping requirements of                   evidence of activities affecting quality.’’           action on possible noncompliance, or
                                              10 CFR 50.71(c); 10 CFR part 50,                            Paragraph 50.59(d)(3) states, in part:             examining facts following an incident.
                                              Appendix B, Criterion XVII; and 10 CFR                   ‘‘The records of changes in the facility              Therefore, their retention would not
                                              50.59(d)(3) for the records described is                 must be maintained until the                          serve the underlying purpose of the
                                              administrative in nature and will have                   termination of an operating license                   rule.
                                              no impact on any remaining                               issued under this part . . .’’                           In addition, once removed from the
                                              decommissioning activities or on                            Paragraph 50.71(c), states in part:                licensing basis documents (e.g., UFSAR
                                              radiological effluents. The granting of                  ‘‘Records that are required by the                    or TSs), SSCs are no longer governed by
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                                              the exemption request will only                          regulations in this part or part 52 of this           the NRC’s regulations, and therefore are
                                              advance the schedule for disposition of                  chapter, by license condition, or by                  not subject to compliance with the
                                              the specified records. Because these                     technical specifications must be                      safety and health aspects of the nuclear
                                              records contain information about SSCs                   retained for the period specified by the              environment. As such, retention of
                                              associated with reactor operation and                    appropriate regulation, license                       records associated with SSCs that are no
                                              contain no information needed to                         condition, or technical specification. If             longer part of the facility serves no
                                              maintain the facility in a safe condition                a retention period is not otherwise                   safety or regulatory purpose, nor does it


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                                              31428                           Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices

                                              serve the underlying purpose of the rule                 from the requirements of any regulation               plant SSC that is relied upon for
                                              of maintaining compliance with the                       in Chapter I of 10 CFR meets the                      accident mitigation. Therefore, the
                                              safety and health aspects of the nuclear                 eligibility criteria for categorical                  exemption request does not involve a
                                              environment in order to accomplish the                   exclusion provided that: (1) there is no              significant reduction in a margin of
                                              NRC’s mission. Therefore, special                        significant hazards consideration; (2)                safety.
                                              circumstances are present which the                      there is no significant change in the                    For these reasons, the NRC staff has
                                              NRC may consider, pursuant to 10 CFR                     types or significant increase in the                  determined that approval of the
                                              50.12(a)(2)(ii), to grant the exemption                  amounts of any effluents that may be                  exemption request involves no
                                              request.                                                 released offsite; (3) there is no                     significant hazards consideration
                                                Records which continue to serve the                    significant increase in individual or                 because granting the licensee’s
                                              underlying purpose of the rule, that is,                 cumulative public or occupational                     exemption request from the
                                              to maintain compliance and to protect                    radiation exposure; (4) there is no                   recordkeeping requirements of 10 CFR
                                              public health and safety in support of                   significant construction impact; (5)                  50.71(c); 10 CFR part 50, Appendix B,
                                              the NRC’s mission, will continue to be                   there is no significant increase in the               Criterion XVII; and 10 CFR 50.59(d)(3)
                                              retained pursuant to other regulations in                potential for or consequences from                    at the decommissioning Oyster Creek
                                              10 CFR part 50 and 10 CFR part 72.                       radiological accidents; and (6) the                   does not: (1) involve a significant
                                              Retained records that are not subject to                 requirements from which an exemption                  increase in the probability or
                                              the proposed exemption include those                     is sought are among those identified in               consequences of an accident previously
                                              associated with programmatic controls,                   10 CFR 51.22(c)(25)(vi).                              evaluated; (2) create the possibility of a
                                              such as those pertaining to residual                        The exemption request is                           new or different kind of accident from
                                              radioactivity, security, and quality                     administrative in nature. The exemption               any accident previously evaluated; or
                                              assurance, as well as records associated                 request has no effect on SSCs and no                  (3) involve a significant reduction in a
                                              with the ISFSI and spent fuel                            effect on the capability of any plant SSC             margin of safety (10 CFR 50.92(c)).
                                              assemblies.                                              to perform its design function. The                   Likewise, there is no significant change
                                                The retention of records required by                   exemption request would not increase                  in the types or significant increase in
                                              10 CFR 50.71(c); 10 CFR part 50,                         the likelihood of the malfunction of any              the amounts of any effluents that may be
                                              Appendix B, Criterion XVII; and 10 CFR                   plant SSC.                                            released offsite, and no significant
                                              50.59(d)(3) provides assurance that                         The probability of occurrence of                   increase in individual or cumulative
                                              records associated with SSCs will be                     previously evaluated accidents is not                 public or occupational radiation
                                              captured, indexed, and stored in an                      increased, since most previously                      exposure.
                                              environmentally suitable and retrievable                 analyzed accidents will no longer be                     The exempted regulations are not
                                              condition. Given the volume of records                   able to occur and the probability and                 associated with construction, so there is
                                              associated with the SSCs, compliance                     consequences of the remaining Fuel                    no significant construction impact. The
                                              with the records retention rule results in               Handling Accident are unaffected by the               exempted regulations do not concern
                                              a considerable cost to the licensee.                     Exemption request. Therefore, the                     the source term (i.e., potential amount
                                              Retention of the volume of records                       exemption request does not involve a                  of radiation involved an accident) or
                                              associated with the SSCs during the                      significant increase in the probability or            accident mitigation; therefore, there is
                                              operational phase is appropriate to serve                consequences of an accident previously                no significant increase in the potential
                                              the underlying purpose of determining                    evaluated.                                            for, or consequences from, radiological
                                              compliance and noncompliance, taking                        The exemption request does not                     accidents. Allowing the licensee partial
                                              action on possible noncompliance, and                    involve a physical alteration of the                  exemption from the record retention
                                              examining facts following an incident,                   plant. No new or different type of                    requirements for which the exemption
                                              as discussed.                                            equipment will be installed and there                 is sought involves recordkeeping
                                                However, the cost effect of retaining                  are no physical modifications to existing             requirements, as well as reporting
                                              operational phase records beyond the                     equipment associated with the                         requirements of an administrative,
                                              operations phase until the termination                   exemption request. Similarly, the                     managerial, or organizational nature.
                                              of the license was not fully considered                  exemption request will not physically                    Therefore, pursuant to 10 CFR
                                              or understood when the records                           change any SSCs involved in the                       51.22(b) and 10 CFR 51.22(c)(25), no
                                              retention rule was put in place. For                     mitigation of any accidents. Thus, no                 environmental impact statement or
                                              example, existing records storage                        new initiators or precursors of a new or              environmental assessment need be
                                              facilities are eliminated as                             different kind of accident are created.               prepared in connection with the
                                              decommissioning progresses. Retaining                    Furthermore, the exemption request                    approval of this exemption request.
                                              records associated with SSCs and                         does not create the possibility of a new
                                                                                                       accident as a result of new failure                   IV. Conclusions.
                                              activities that no longer serve a safety or
                                              regulatory purpose could therefore                       modes associated with any equipment                      The NRC staff has determined that the
                                              necessitate the needless creation of new                 or personnel failures. No changes are                 granting of the exemption request from
                                              facilities and retention of administrative               being made to parameters within which                 the recordkeeping requirements of 10
                                              support personnel. As such, compliance                   the plant is normally operated, or in the             CFR 50.71(c); 10 CFR part 50, Appendix
                                              with the rule would result in an undue                   setpoints which initiate protective or                B, Criterion XVII; and 10 CFR
                                              cost in excess of that contemplated                      mitigative actions, and no new failure                50.59(d)(3) will not present an undue
                                              when the rule was adopted. Therefore,                    modes are being introduced. Therefore,                risk to the public health and safety. The
                                              special circumstances are also present                   the exemption request does not create                 destruction of the identified records will
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                                              which the NRC may consider, pursuant                     the possibility of a new or different kind            not impact remaining decommissioning
                                              to 10 CFR 50.12(a)(2)(iii), to grant the                 of accident from any accident                         activities; plant operations,
                                              exemption request.                                       previously evaluated.                                 configuration, and/or radiological
                                                                                                          The exemption request does not alter               effluents; operational and/or installed
                                              E. Environmental Considerations.                         the design basis or any safety limits for             SSCs that are quality-related or
                                                 Pursuant to 10 CFR 51.22(b) and                       the plant. The exemption request does                 important to safety; or nuclear security.
                                              (c)(25), the granting of an exemption                    not impact station operation or any                   The NRC staff has determined that the


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                                                                              Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices                                          31429

                                              destruction of the identified records is                 NUCLEAR REGULATORY                                    Nuclear Regulatory Commission,
                                              administrative in nature and does not                    COMMISSION                                            Washington, DC 20555–0001.
                                              involve information or activities that                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                       [NRC–2018–0137]
                                              could potentially impact the common
                                                                                                                                                             I. Obtaining Information and
                                              defense and security of the United                       Dispositioning of Technical                           Submitting Comments
                                              States.                                                  Specifications That Are Insufficient To
                                                 The purpose for the recordkeeping                     Ensure Plant Safety                                   A. Obtaining Information
                                              regulations is to assist the NRC in                      AGENCY: Nuclear Regulatory                               Please refer to Docket ID NRC–2018–
                                              carrying out its mission to protect the                  Commission.                                           0137 when contacting the NRC about
                                              public health and safety by ensuring                                                                           the availability of information for this
                                                                                                       ACTION: Draft regulatory guide; request
                                              that the licensing and design basis of the                                                                     action. You may obtain publicly-
                                                                                                       for comment.
                                              facility is understood, documented,                                                                            available information related to this
                                              preserved and retrievable in such a way                  SUMMARY:   The U.S. Nuclear Regulatory                action by any of the following methods:
                                              that will aid the NRC in determining                     Commission (NRC) is issuing for public                   • Federal Rulemaking Website: Go to
                                              compliance and noncompliance, taking                     comment draft regulatory guide (DG),                  http://www.regulations.gov and search
                                              action on possible noncompliance, and                    DG–1351, ‘‘Dispositioning of Technical                for Docket ID NRC–2018–0137.
                                                                                                       Specifications that are Insufficient to                  • NRC’s Agencywide Documents
                                              examining facts following an incident.
                                                                                                       Ensure Plant Safety.’’ This DG proposes               Access and Management System
                                              Since the Oyster Creek SSCs that were
                                                                                                       new guidance that describes methods                   (ADAMS): You may obtain publicly-
                                              safety-related or important to safety                                                                          available documents online in the
                                              have been or will be removed from the                    and procedures that are acceptable to
                                                                                                       the (NRC) staff for dispositioning of                 ADAMS Public Documents collection at
                                              licensing basis and removed from the                                                                           http://www.nrc.gov/reading-rm/
                                              plant, the staff agrees that the records                 technical specifications (TS) that are
                                                                                                       insufficient to ensure power plant                    adams.html. To begin the search, select
                                              identified in the exemption request will                                                                       ‘‘ADAMS Public Documents’’ and then
                                                                                                       safety.
                                              no longer be required to achieve the                                                                           select ‘‘Begin Web-based ADAMS
                                              underlying purpose of the records                        DATES:  Submit comments by September                  Search.’’ For problems with ADAMS,
                                              retention rule.                                          4, 2018. Comments received after this                 please contact the NRC’s Public
                                                                                                       date will be considered if it is practical            Document Room (PDR) reference staff at
                                                 Accordingly, the Commission has
                                                                                                       to do so, but the NRC is able to ensure               1–800–397–4209, 301–415–4737, or by
                                              determined that, pursuant to 10 CFR                      consideration only for comments
                                              50.12, the exemptions are authorized by                                                                        email to pdr.resource@nrc.gov. DG–
                                                                                                       received on or before this date.                      1351, ‘‘Dispositioning of Technical
                                              law, will not present an undue risk to                   Although a time limit is given,
                                              the public health and safety, and are                                                                          Specifications that are Insufficient to
                                                                                                       comments and suggestions in                           Ensure Plant Safety,’’ is available in
                                              consistent with the common defense                       connection with items for inclusion in
                                              and security. Also, special                                                                                    ADAMS under Accession
                                                                                                       guides currently being developed or                   ML18086A690.
                                              circumstances are present. Therefore,                    improvements in all published guides                     • NRC’s PDR: You may examine and
                                              the Commission hereby grants the                         are encouraged at any time.                           purchase copies of public documents at
                                              Exelon, a partial exemption from the                     ADDRESSES: You may submit comments                    the NRC’s PDR, Room O1–F21, One
                                              recordkeeping requirements of 10 CFR                     by any of the following methods:                      White Flint North, 11555 Rockville
                                              50.71(c); 10 CFR part 50, Appendix B,                       • Federal Rulemaking Website: Go to                Pike, Rockville, Maryland 20852.
                                              Criterion XVII; and 10 CFR 50.59(d)(3)                   http://www.regulations.gov and search
                                              for Oyster Creek only to the extent                      for Docket ID NRC–2018–0137. Address                  B. Submitting Comments
                                              necessary to allow the licensee to                       questions about NRC dockets to Jennifer                 Please include Docket ID NRC–2018–
                                              advance the schedule to remove records                   Borges; telephone: 301–287–9127;                      0137 in your comment submission.
                                              associated with SSCs that have been or                   email: Jennifer.Borges@nrc.gov. For                     The NRC cautions you not to include
                                              will be removed from NRC licensing                       technical questions, contact the                      identifying or contact information that
                                              basis documents through appropriate                      individuals listed in the FOR FURTHER                 you do not want to be publicly
                                              change mechanism (e.g., 10 CFR 50.59                     INFORMATION CONTACT section of this                   disclosed in your comment submission.
                                              or via NRC-approved license                              document.                                             The NRC will post all comment
                                              amendment request, as applicable.                           • Mail comments to: May Ma, Office                 submissions at http://
                                                                                                       of Administration, Mail Stop: TWFN–7–                 www.regulations.gov as well as enter the
                                                 This exemption is effective upon                      A60M, U.S. Nuclear Regulatory                         comment submissions into ADAMS.
                                              submittal of the licensee’s certification                Commission, Washington, DC 20555–                     The NRC does not routinely edit
                                              of permanent fuel removal, under                         0001.                                                 comment submissions to remove
                                              § 50.82(a)(1).                                              For additional direction on obtaining              identifying or contact information.
                                                                                                       information and submitting comments,                    If you are requesting or aggregating
                                                Dated at Rockville, Maryland, this                     see ‘‘Obtaining Information and
                                              26th day of June, 2018.                                                                                        comments from other persons for
                                                                                                       Submitting Comments’’ in the                          submission to the NRC, then you should
                                                For the Nuclear Regulatory                             SUPPLEMENTARY INFORMATION section of                  inform those persons not to include
                                              Commission.                                              this document.                                        identifying or contact information that
                                              Joseph G. Giitter, Director,                             FOR FURTHER INFORMATION CONTACT:                      they do not want to be publicly
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                       Blake Purnell, Office of Nuclear Reactor              disclosed in their comment submission.
                                              Division of Operating Reactor Licensing,                 Regulation; telephone: 301–415–1380,                  Your request should state that the NRC
                                              Office of Nuclear Reactor Regulation.                    email: Blake.Purnell@nrc.gov or                       does not routinely edit comment
                                              [FR Doc. 2018–14391 Filed 7–3–18; 8:45 am]               Stephen Burton, Office of Nuclear                     submissions to remove such information
                                              BILLING CODE 7590–01–P
                                                                                                       Regulatory Research; telephone: 301–                  before making the comment
                                                                                                       415–7000, email: Stephen.Burton@                      submissions available to the public or
                                                                                                       nrc.gov. Both are staff of the U.S.                   entering the comment into ADAMS.


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Document Created: 2018-07-03 23:40:07
Document Modified: 2018-07-03 23:40:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
DatesThe exemption was issued on June 26, 2018.
ContactJohn G. Lamb, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3100, email: [email protected]
FR Citation83 FR 31425 

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