ML022800500
| ML022800500 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 10/10/2002 |
| From: | John Hickman NRC/NRR/DLPM/LPD4 |
| To: | Redeker S Sacramento Municipal Utility District (SMUD) |
| Hickman J, NRR/DLPM 415-3017 | |
| Shared Package | |
| 022800617 | List: |
| References | |
| -RFPFR, TAC MB1323 | |
| Download: ML022800500 (18) | |
Text
October 10, 2002 Mr. Steve J. Redeker, Manager Plant Closure & Decommissioning Sacramento Municipal Utility District 14440 Twin Cities Road Herald, CA 95638-9799
SUBJECT:
RANCHO SECO NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT AND EXEMPTION FROM REQUIREMENTS OF 10 CFR PART 50 SECURITY REQUIREMENTS (TAC NO. MB1323)
Dear Mr. Redeker:
The Commission has issued the enclosed Amendment No. 131 to Facility Operating License No. DPR-54 for the Rancho Seco Nuclear Generating Station. The amendment consists of changes to the Technical Specifications (TSs) in response to your application dated February 20, 2001. The amendment eliminates the security plan requirements from the 10 CFR Part 50 licensed site after the spent nuclear fuel has been transferred to the 10 CFR Part 72 licensed Independent Spent Fuel Storage Installation and is based in part on the issuance of exemptions from the specific requirements set forth in 10 CFR 50.54(p) and 10 CFR Part 73.
The Commission has also approved the enclosed exemptions from specific requirements set forth in 10 CFR 50.54(p) and 10 CFR Part 73, "Physical Protection of Plants and Materials."
This action is also in response to your letter dated February 20, 2001.
Due to the events related to September 11, 2001, the staff is currently deliberating upon certain compensatory measures that will be required to be implemented by licensees as prudent, interim measures, to address the current threat environment in a consistent manner for the transition and storage of the spent fuel at an ISFSI. SMUD will be notified when these interim compensatory measures have been finalized by the Commission. These interim compensatory measures for storing spent fuel at an ISFSI will further supplement the existing security plan commitments to assure that the public health and safety and the common defense and security continue to be adequately protected in the current threat environment. Until such time, the licensee must continue to meet the objectives of Security Level III described in NRC Information Notice 98-35, Threat Assessment and Consideration of Heightened Physical Protection Measures, and maintain the effectiveness of existing security measures identified in the October 12, 2001 Safeguards Advisory for ISFSIs.
Steve J. Redeker A copy of the supporting safety evaluation is also enclosed. The Notice of Issuance will be included in the Commissions next biweekly Federal Register notice. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
John B. Hickman, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-312
Enclosures:
- 1. Amendment No. 131 to DPR-54
- 2. Safety Evaluation
- 3. Exemption cc w/encls: See next page
Steve J. Redeker A copy of the supporting safety evaluation is also enclosed. The Notice of Issuance will be included in the Commissions next biweekly Federal Register notice. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
John B. Hickman, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-312
Enclosures:
- 1. Amendment No. 131 to DPR-54
- 2. Safety Evaluation
- 3. Exemption cc w/encls: See next page DISTRIBUTION:
PUBLIC PDIV-2 Reading RidsNrrDlpmLpdiv (W. Ruland)
RidsNrrPMJHickman RidsNrrLAEPeyton GHill (2)
BSpitzberg, RIV RidsNrrDripRtsb (W.Beckner)
JHickey (NMSS)
RidsAcrsAcnwMailCenter RidsOgcRp SMorris, EDO LBerry PKG ML022800617 TS: ML022840145 NRR-100 ACCESSION NO.: ML022800500 Nrr-058 OFFICE PDIV-2/PM PDIV-2/LA NSIR OGC Nlo PDIV-2/SC NAME JHickman EPeyton GTracy RHoefling SDembek DATE 8/27/02 8/26/02 9/16/02 9/25/02 9/26/02 OFFICE PDIV/DIR DLPM/DIR NAME WRuland JZwolinski DATE 10/7/02 10/8/02 DOCUMENT NAME: C:\ORPCheckout\FileNET\ML022800500.wpd OFFICIAL RECORD COPY
Rancho Seco Nuclear Generating Station cc:
Mr. James Shetler Mr. Ed Bailey, Radiation Program Director AGM, Energy Supply Radiologic Health Branch Sacramento Municipal Utility District State Department of Health Services 6201 S Street P. O. Box 942732 (MS 178)
P.O. Box 15830 Sacramento, CA 94327-7320 Sacramento, CA 95852 Mr. Robert A. Laurie, Commissioner Thomas A. Baxter, Esq. California Energy Commission Shaw, Pittman, Potts & Trowbridge 1516 Ninth Street (MS 31) 2300 N Street, N.W. Sacramento, CA 95814 Washington, D.C. 20037 Cindy Buchanan, Site Document Mr. Jerry Delezenski Control Supervisor Quality & Compliance Sacramento Municipal Utility District Superintendent Rancho Seco Nuclear Generating Station Sacramento Municipal Utility District 14440 Twin Cities Road Rancho Seco Nuclear Station Herald, CA 95638-9799 14440 Twin Cities Road Herald, CA 95638-9799 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Sacramento County Board of Supervisors 700 H Street, Suite 2450 Sacramento, CA 95814 Ms. Dana Appling, General Counsel Sacramento Municipal Utility District P. O. Box 15830 Sacramento, CA 95852-1830 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services P. O. Box 942732 Sacramento, CA 94327-7320
SACRAMENTO MUNICIPAL UTILITY DISTRICT DOCKET NO. 50-312 RANCHO SECO NUCLEAR GENERATING STATION AMENDMENT TO FACILITY OPERATING LICENSE (POSSESSION ONLY)
Amendment No. 131 License No. DPR-54
- 1. The Nuclear Regulatory Commission (the Commission or the NRC) has found that:
A. The application for amendment filed by the Sacramento Municipal Utility District (the licensee) dated February 20, 2001, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commissions rules and regulations set forth in 10 CFR Chapter I; B. The facility will be maintained in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations of the Commission; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commissions regulations and all applicable requirements have been satisfied.
- 2. Accordingly, the license is amended by changes to the Operating License and the Permanently Defueled Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. DPR-54 is hereby amended to read as follows:
(2) Permanently Defueled Technical Specifications The Permanently Defueled Technical Specifications contained in Appendix A, as revised through Amendment No. 131, are hereby incorporated in the license.
Sacramento Municipal Utility District shall maintain the facility in accordance with the Permanently Defueled Technical Specifications.
- 3. This license amendment is effective as of the date of its issuance and shall be implemented within 30 days.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Stephen Dembek, Chief, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation
Attachment:
Changes to the Operating License and Technical Specifications Date of Issuance: October 10, 2002
ATTACHMENT TO LICENSE AMENDMENT NO. 131 FACILITY OPERATING LICENSE (POSSESSION ONLY) NO. DPR-54 DOCKET NO. 50-312 Replace the following pages of the Operating License and Appendix A Technical Specifications with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
REMOVE INSERT Operating License Page 3a ---
Page 4 Page 4 Technical Specifications D1-3 D1-3 D6-5 D6-5 D6-9 D6-9 D6-10 D6-10 D6-11 D6-11 D6-15 D6-15
(3) Intentionally Deleted. _
(4) The licensee shall implement and maintain in effect all provisions of the approved fire protection program, as described in the Fire Protection Plan for Rancho Seco Nuclear Generating Station, and as approved in the SER dated September 10, 1990 subject to the following provision:
The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
(5) The licensee shall perform the supplementary inservice tests and inspections of Nuclear Class 2 and Class 3 systems and components committed to in the letter of February 27, 1978, from J. J. Mattimoe to R. W. Reid.
(6) In accordance with the provisions of 10 CFR 50.12(a) an exemption from the provisions of 10 CFR 50.55a(g)(4)(v) is granted, and the effective date for the start of the next 40-month period is extended from August 18, 1978 to October 18, 1979.
(7) Systems Integrity The licensee shall implement a program to reduce leakage from systems outside containment that would or could contain highly radioactive fluids during a serious transient or accident to as low as practical levels. This program shall include the following:
- 1. Provisions establishing preventive maintenance and periodic visual inspection requirements, and
- 2. Integrated leak test requirements for each system at a frequency not to exceed refueling cycle intervals.
(8) Intentionally Deleted.
(9) Intentionally Deleted.
Amendment No. 20,31,115,117, 131
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 131 TO FACILITY OPERATING LICENSE NO. DPR-54 SACRAMENTO MUNICIPAL UTILITY DISTRICT RANCHO SECO NUCLEAR GENERATING STATION DOCKET NO. 50-312
1.0 INTRODUCTION
By letter dated February 20, 2001, the Sacramento Municipal Utility District (SMUD or the licensee) requested an exemption from 10 CFR 50.54(p) and 10 CFR Part 73, and proposed to amend the Facility Operating License (Possession Only) No. DPR-54 by changes to the Permanently Defueled Technical Specifications (PDTS) for the Rancho Seco Nuclear Generating Station (Rancho Seco or the plant). The proposed change would eliminate the Rancho Seco security plan requirements pursuant to 10 CFR Part 73 and 10 CFR 50.54(p) upon successful transfer of the spent nuclear fuel that was stored in the reactor spent fuel pool to an Independent Spent Fuel Storage Installation (ISFSI). The removal of all spent fuel from the permanently shutdown and defueled Rancho Seco Nuclear Plant would reduce the threat of radiological sabotage or diversion of strategic nuclear materials relevant to the Part 50 license.
2.0 BACKGROUND
On June 7, 1989, Rancho Seco terminated nuclear power operations permanently. On December 8, 1989, Rancho Seco completed defueling the reactor. On March 17, 1992, the NRC amended the Rancho Seco operating license to Possession-Only status. On March 20, 1995, the NRC issued the Rancho Seco Decommissioning Order. The Order authorized Rancho Seco decommissioning and accepted the Rancho Seco decommissioning funding plan.
In March 1997, SMUD revised the Rancho Seco Decommissioning Plan to conform to the content requirements of the Post Shutdown Decommissioning Activities Report (PSDAR).
On June 30, 2000, the NRC issued Materials License SNM-2510 for the Rancho Seco ISFSI.
This license authorizes SMUD to store Rancho Seco spent fuel at the Rancho Seco ISFSI.
Concurrent with issuing this license, the NRC approved the Rancho Seco Physical Protection Plan (PPP), which complies with the security requirements in 10 CFR Part 72, Subpart H. In approving the Rancho Seco ISFSI PPP, the NRC found that the plan meets the requirements in 10 CFR 73.51 and provides reasonable assurance that the storage of spent nuclear fuel at the ISFSI will not constitute an unreasonable risk to public health and safety with respect to physical protection. Currently, the licensee is maintaining the security plan requirements pursuant to 10 CFR Part 73 and 10 CFR 50.54(p). Contingent upon approval of the subject exemption and amendment, the ISFSI PPP will become effective upon the complete transfer of spent nuclear fuel from the spent fuel pool to the ISFSI. The licensee completed the transfer of the spent nuclear fuel from the spent fuel pool to the ISFSI on August 21, 2002.
Due to the events related to September 11, 2001, the staff is currently deliberating upon certain compensatory measures that will be required to be implemented by licensees as prudent, interim measures, to address the current threat environment in a consistent manner for the transition and storage of the spent fuel at an ISFSI. SMUD will be notified when these interim compensatory measures have been finalized by the Commission. These interim compensatory measures for storing spent fuel at an ISFSI will further supplement the existing security plan commitments to assure that the public health and safety and the common defense and security continue to be adequately protected in the current threat environment. Until such time, the licensee must continue to meet the objectives of Security Level III described in NRC Information Notice 98-35, Threat Assessment and Consideration of Heightened Physical Protection Measures, and maintain the effectiveness of existing security measures identified in the October 12, 2001 Safeguards Advisory for ISFSIs.
3.0 EVALUATION It is stated in paragraph (a) of 10 CFR 73.55, "Requirements for Physical Protection of Licensed Activities in Nuclear Power Reactors Against Radiological Sabotage," that "The licensee shall establish and maintain an onsite physical protection system and security organization which will have as its objective to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety." Pursuant to 10 CFR 73.5, "Specific Exemptions," the Commission may, upon application of any interested person or upon its own initiative, grant such exemption in this part as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.
3.1 Exemptions from 10 CFR Part 73 and 10 CFR 50.54(p)
The licensee requested specific exemptions in accordance with 10 CFR 73.5 and 10 CFR 50.12 for the Rancho Seco Plant from the requirements in 10 CFR Part 73 and 10 CFR 50.54(p),
which provide the basis for the commitments in the security, contingency, and guard qualification and training plans. The requested exemptions from the security requirements for Rancho Seco would be effective after the spent fuel has been removed from the reactor site by the licensee and relocated to the new ISFSI, which is not physically associated with the reactor site. The new ISFSI has been licensed under 10 CFR Part 72 for storage facilities not associated with a reactor site and possesses an approved physical security plan as required by 10 CFR 72.180 and 10 CFR 73.51. Subpart H of 10 CFR Part 72 establishes requirements for physical protection for the independent storage of spent nuclear fuel and high-level radioactive waste and refers to 10 CFR 73.51 to define the requirements for physical protection of spent nuclear fuel stored under a specific license issued pursuant to 10 CFR Part 72. The Rancho Seco ISFSI has an NRC-approved security plan to protect the spent nuclear fuel from radiological sabotage and diversion as required by 10 CFR Part 72, Subpart H.
The existing 10 CFR Part 73 requirements needed to be maintained at Rancho Seco until the spent fuel located in the spent fuel pool is physically relocated from the defueled site to the new security area at the ISFSI. As of August 21, 2002, all spent nuclear fuel was transferred from the spent fuel pool to the ISFSI. With the completion of this activity, there is no spent nuclear
fuel located within the 10 CFR Part 50 licensed site. At this time, the potential for radiological sabotage or diversion of special nuclear material at the 10 CFR Part 50 licensed site is eliminated. The security requirements of 10 CFR Part 73, as applicable to a 10 CFR Part 50 licensed site, presume that the purpose of the facility is to possess and utilize special nuclear material. Therefore, the continued application of the 10 CFR Part 73 requirements to the Rancho Seco facility would no longer be necessary to achieve the underlying purpose of the rule. Additionally, with the transfer of the spent nuclear fuel to the ISFSI, the 10 CFR Part 50 licensed site would be comparable to a source and byproduct licensee in terms of the level of security needed to protect the public health and safety. Based on the above, the NRC has determined that the removal of all spent nuclear fuel from the 10 CFR Part 50 licensed site constitutes special circumstances. The security of the special nuclear material will be maintained following relocation of the spent nuclear fuel to the 10 CFR Part 72 licensed ISFSI since specific assurance objectives and general performance requirements are in place to protect the spent fuel by the security requirements in 10 CFR Part 72. Therefore, protection of the special nuclear material will continue following relocation of the spent nuclear fuel from the 10 CFR Part 50 licensed site.
Based on the above, the Commission has determined that, pursuant to 10 CFR 73.5 and 10 CFR 50.12(a), the exemptions are authorized by law, will not endanger life or property or the common defense and security, and are otherwise in the public interest based on the continued maintenance of appropriate security requirements for the special nuclear material. Additionally, special circumstances are present based on the relocation of the spent nuclear fuel from the 10 CFR Part 50 site to the 10 CFR Part 72 site.
3.2 Permanently Defueled Technical Specifications Changes In addition to the proposed exemptions, the licensee has proposed to delete Section C.(3) from Facility Operating License No. DPR-54 and delete from the PDTS all references to the Rancho Seco Physical Security Plan and implementing procedures. As discussed above, the exemptions from the Commissions security requirements, following the transfer of the spent nuclear fuel from the 10 CFR Part 50 site to the 10 CFR Part 72 site, is acceptable. The proposed changes to the license and PDTS are consistent with the exemptions and necessary for the relief to be effective. Therefore, based on the discussion provided in Section 3.1, the proposed deletion of paragraph C.(3) from Facility Operating License No. DPR-54 and the security plan and procedure references in the Definitions and Administrative Controls sections of the PDTS, is acceptable.
3.3 Summary The staff concludes that the exemption requests and PDTS change are acceptable since the spent nuclear fuel has been removed from the 10 CFR Part 50 site. The NRC finds the exemptions from 10 CFR Part 73 and 10 CFR 50.54(p), the deletion of paragraph C.(3) from the facility operating license, and the deletion of the security plan and procedure references from the PDTS to be acceptable since specific assurance objectives and general performance requirements will be in place to protect the spent fuel by the security requirements in 10 CFR Part 72.
4.0 STATE CONSULTATION
In accordance with the Commissions regulations, the California State official was notified of the proposed issuance of the amendments. The State official had no comments.
5.0 ENVIRONMENTAL CONSIDERATION
This amendment relates solely to safeguards matters and does not involve any significant construction impacts. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(12). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.
Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to the exemption was published in the Federal Register on July 10, 2001 (66 FR 36017). Accordingly, based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment.
6.0 CONCLUSION
The Commission has concluded, based on the considerations discussed above, that (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.
Principal Contributor: John B. Hickman Date: October 10, 2002
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SACRAMENTO MUNICIPAL UTILITY DISTRICT RANCHO SECO NUCLEAR GENERATING STATION DOCKET NO. 50-312 EXEMPTION
1.0 BACKGROUND
The Sacramento Municipal Utility District (the licensee) is the holder of Facility Operating License No. DPR-54, which authorizes possession of the Rancho Seco Nuclear Generating Station (Rancho Seco). 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, the Commission) now or hereafter in effect.
The facility consists of a pressurized water reactor located in Sacramento County in California. The facility is permanently shut down and defueled and the licensee is no longer authorized to operate or place fuel in the reactor.
2.0 REQUEST/ACTION Section 50.54(p) of Title 10 of the Code of Federal Regulations states that "The licensee shall prepare and maintain safeguards contingency plan procedures in accordance with Appendix C of Part 73 of this chapter for effecting the actions and decisions contained in the Responsibility Matrix of the Safeguards Contingency Plan."
Part 73 of Title 10 of the Code of Federal Regulations, "Physical Protection of Plant and Materials," states that "This part prescribes requirements for the establishment and maintenance of a physical protection system which will have capabilities for the protection of special nuclear material at fixed sites and in transit and of plants in which special nuclear material is used." Section 73.55 of Title 10 of the Code of Federal Regulations, "Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage," states that "The licensee shall establish and maintain an onsite physical protection system and security organization which will have as its objective to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety."
On March 17, 1992, the NRC amended the Rancho Seco operating license to Possession-Only status. On March 20, 1995, the NRC issued the Rancho Seco Decommissioning Order. The Order authorized Rancho Seco decommissioning and accepted the Rancho Seco decommissioning funding plan. By letter dated February 20, 2001, the licensee requested exemptions from the security requirements of 10 CFR 50.54(p) and 10 CFR Part 73. Sections 50.54(p) and 73.55 provide security requirements to protect the spent fuel while within the boundary of a licensed power reactor site. The requested exemptions from the security requirements for the Rancho Seco Nuclear Generating Staion would be effective after the spent fuel has been removed from the reactor site by the licensee and relocated to the new independent spent fuel storage installation (ISFSI), which is not physically associated with the reactor site. The new ISFSI has been licensed under 10 CFR Part 72 for storage facilities not associated with a reactor site and possesses an approved physical security plan, as required by 10 CFR 72.180 and 10 CFR 73.51. The licensee completed the transfer of the spent nuclear fuel from the spent fuel pool to the ISFSI on August 21, 2002.
Subpart H of 10 CFR Part 72 establishes requirements for physical protection for the independent storage of spent nuclear fuel and high-level radioactive waste and refers to 10 CFR 73.51 to define the requirements for physical protection of spent nuclear fuel stored under a specific license issued pursuant to 10 CFR Part 72. The Rancho Seco ISFSI has an NRC-approved security plan to protect the spent nuclear fuel stored there from radiological sabotage and diversion, as required by 10 CFR Part 72, Subpart H.
In summary, by letter dated February 20, 2001, the licensee requested exemptions from the security requirements of 10 CFR 50.54(p) and 10 CFR Part 73 to eliminate the security requirements at the 10 CFR Part 50 licensed site once all the spent nuclear fuel had been moved to the 10 CFR Part 72 licensed ISFSI.
3.0 DISCUSSION Pursuant to 10 CFR 50.12, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50, when (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) when special circumstances are present. Special circumstances are present when application of the regulation in the particular circumstances would not serve the underlying purpose of the rule and when compliance would result in costs significantly in excess of those incurred by others similarly situated. Also, pursuant to 10 CFR 73.5, "Specific exemptions," the Commission may grant exemptions from the regulations in this part as it determines are authorized by law and will not endanger life or property, and are otherwise in the public interest.
With the completion of the spent fuel movement into the ISFSI on August 21, 2002, there is no longer any special nuclear material located within the 10 CFR Part 50 licensed site.
At this time, the potential for radiological sabotage or diversion of special nuclear material at the
10 CFR Part 50 licensed site would be eliminated. The security requirements of 10 CFR Part 73, as applicable to a 10 CFR Part 50 licensed site, presume that the purpose of the facility is to possess and utilize special nuclear material. Therefore, the continued application of the 10 CFR Part 73 requirements to the Rancho Seco facility would no longer be necessary to achieve the underlying purpose of the rule. Additionally, with the transfer of the spent nuclear fuel to the ISFSI, the 10 CFR Part 50 licensed site would be comparable to a source and byproduct licensee in terms of the level of security needed to protect the public health and safety. The continued application of 10 CFR Part 73 security requirements would cause the licensee to expend significantly more funds for security requirements than other source and byproduct facilities. Therefore, compliance with 10 CFR Part 73 would result in costs significantly in excess of those incurred by others similarly situated. Based on the above, the NRC has determined that the removal of all special nuclear material from the 10 CFR Part 50 licensed site constitutes special circumstances. The security of the special nuclear material will be maintained following relocation of the spent nuclear fuel to the 10 CFR Part 72 licensed ISFSI since new assurance objectives and general performance requirements will be in place to protect the spent fuel by the security requirements in 10 CFR Part 72. Therefore, protection of the special nuclear material will continue following relocation of the spent nuclear fuel from the 10 CFR Part 50 licensed site.
4.0 CONCLUSION
Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a), an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest based on the continued maintenance of appropriate security requirements for the special nuclear material. Additionally, special circumstances are present based on the relocation of the spent nuclear fuel from the 10 CFR
Part 50 licensed site to the 10 CFR Part 72 site. Therefore, the Commission hereby grants Sacramento Municipal Utility District an exemption from the requirements of 10 CFR 50.54(p) at the Rancho Seco Nuclear Generating Station.
Accordingly, the Commission has determined that, pursuant to 10 CFR 73.5, an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest based on the maintenance of appropriate security requirements for the special nuclear material under the 10 CFR Part 72 license.
Therefore, the Commission hereby grants Sacramento Municipal Utility District an exemption from the physical protection requirements of 10 CFR Part 73 at the Rancho Seco Nuclear Generating Station.
Pursuant to 10 CFR 51.32, "Finding of no significant impact," the Commission has previously determined that the granting of this exemption will not have a significant effect on the quality of the human environment (66 FR 36017, dated July 10, 2001).
These exemptions are effective immediately.
Dated at Rockville, Maryland, this 8th day of October 2002.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation
Part 50 licensed site to the 10 CFR Part 72 site. Therefore, the Commission hereby grants Sacramento Municipal Utility District an exemption from the requirements of 10 CFR 50.54(p) at the Rancho Seco Nuclear Generating Station.
Accordingly, the Commission has determined that, pursuant to 10 CFR 73.5, an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest based on the maintenance of appropriate security requirements for the special nuclear material under the 10 CFR Part 72 license.
Therefore, the Commission hereby grants Sacramento Municipal Utility District an exemption from the physical protection requirements of 10 CFR Part 73 at the Rancho Seco Nuclear Generating Station.
Pursuant to 10 CFR 51.32, "Finding of no significant impact," the Commission has previously determined that the granting of this exemption will not have a significant effect on the quality of the human environment (66 FR 36017, dated July 10, 2001).
These exemptions are effective immediately.
Dated at Rockville, Maryland, this 8th day of October 2002.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation
- See Previous Concurrence OFFICE PDIV-2/PM PDIV-2/LA NSIR OGC* (NLO) PDIV-2/SC NAME JHickman EPeyton* GGood for RHoefling SDembek GTracy*
DATE 9/27/2002 8/26/2002 9/16/2002 9/26/2002 9/27/2002 OFFICE PDIV/DIR DLPM/DIR NAME WRuland JZwolinski DATE 10/4/2002 10/8/2002 DOCUMENT NAME: C:\ORPCheckout\FileNET\ML022800500.wpd OFFICIAL RECORD COPY