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Category:Federal Register Notice
MONTHYEARML23272A1562023-10-0505 October 2023 Federal Register Notification of Amendment to Renewed Facility Operating License and Proposed No Significant Hazards Consideration Determination (Exigent Circumstances) (EPID L-2023-LLA-0134) FRN ML23223A2242023-08-29029 August 2023 Individual Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for Hearing (Exigent Circumstances) ML22004A2302022-01-20020 January 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in December 2021 ML21188A3562021-08-0606 August 2021 FRN - Notice of Issuance of COVID-19 Exemption Issued in June 2021 ML21123A0842021-05-19019 May 2021 FRN - Notice of Issuance of Multiple COVID-19 Exemptions Regarding Various Parts of 10 CFR Issued in April 2021 ML21028A0122021-02-18018 February 2021 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for January 2021 ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 ML17353A1922017-12-21021 December 2017 Biweekly Federal Register Notice - 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Publication Date: June 7, 2016 ML16033A0792016-02-0303 February 2016 Federal Register Notice Regarding the ACRS Plant License Renewal Subcommittee Meeting, March 2, 2016 (Fermi) ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 ML15295A1742015-10-29029 October 2015 FRN for Fermi 2 Draft SEIS ML15204A2792015-07-27027 July 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 4, 2015 ML13018A2392015-04-0808 April 2015 G20110171 - Letter to Petitioner Saporito on Proposed Director'S Decision Regarding 2.206 Petition Dated: March 12, 2011 NRC-2015-0009, G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units2015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6302015-01-15015 January 2015 G20110262 - Final Response to Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14335A6482015-01-15015 January 2015 G20110262 - FRN - Paul Gunter and Kevin Kamps Letter 2.206 - Immediately Suspend the Operating License of General Electric Boiling Water Reactors Mark I Units ML14303A3812014-10-31031 October 2014 Biweekly Sholly FRN - Application and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: November 12, 2014 ML14161A0162014-06-20020 June 2014 Nuclear Regulatory Commission: (Docket No. 50-341; NRC-2014-0109) DTE Electric Company; Fermi, Unit 2 (FRN) ML14150A3402014-06-11011 June 2014 FRN Acceptability and Opportunity Request Hearing Enclosure 2 with OGC Comments Rev 1 ML14098A2842014-05-0505 May 2014 License Renewal Application; Notice of Receipt and Availability ML14051A6712014-03-0404 March 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: March 4, 2014 NRC-2014-0037, FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: March 4, 20142014-03-0404 March 2014 FRN: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Publication Date: March 4, 2014 ML14037A4142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 NRC-2014-0028, Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 20142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit ML12056A0432012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Hardened Containment Vents - to All Operating Boiling Water Reactor Licensees with Mark I and Mark II Containments NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - 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Biweekly Notice - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations NRC-2011-0216, September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations2011-09-0808 September 2011 September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations ML11251A0092011-09-0808 September 2011 September 20, 2011 Applications and Amendments to Facility Operating License Involving No Significant Hazards Considerations NRC-2011-0215, Fermi - Environmental Assessment Fr Notice2011-09-0606 September 2011 Fermi - Environmental Assessment Fr Notice ML1123108752011-09-0606 September 2011 Environmental Assessment and Finding of No Significant Impact ML1123109182011-09-0606 September 2011 Environmental Assessment Fr Notice ML1122302752011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 NRC-2011-0187, Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/20112011-08-11011 August 2011 Biweekly Sholly Report - Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations; Fr Publication Date: 8/23/2011 ML1112903592011-05-23023 May 2011 Scheduler Exemption from Certain Requirements of 10 CFR Part 73, Section 73.55 ML1121606572010-12-31031 December 2010 Attachment I: Pud No 1 V. Wdoe ML1121606382010-12-31031 December 2010 Attachment C: Olmstead Falls V. EPA ML1121606312010-12-31031 December 2010 Attachment 4: Tacoma V. FERC ML1121606372010-12-31031 December 2010 Attachment B: Edf V. Alexander 2023-08-29
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NUCLEAR REGULATORY COMMISSION DTE ENERGY DOCKET NO. 50-16 NRC-2009-0073 ENRICO FERMI ATOMIC POWER PLANT UNIT 1 EXEMPTION FROM CERTAIN LOW-LEVEL WASTE SHIPMENT TRACKING REQUIREMENTS IN 10 CFR PART 20 APPENDIX G
1.0 BACKGROUND
DTE Energy (DTE) is the licensee and holder of Facility Operating License No. DPR-9 issued for Enrico Fermi Atomic Power Plant, Unit 1 (Fermi-1), located in Monroe County, Michigan. Fermi-1 is a permanently shutdown nuclear reactor facility. DTE is in the process of decommissioning Fermi-1 and radioactive waste shipments from the site are ongoing and expected to increase over the next year. During the decommissioning process, large volumes of slightly contaminated concrete rubble and debris are generated that require shipment for disposal in offsite low-level radioactive waste disposal sites. Experience at other decommissioning nuclear power facilities has shown that, due primarily to the volume of radioactive waste; licensees have encountered an increase in the number of routine shipments that take longer than 20 days from transfer to the shipper to receipt acknowledgment from the disposal site. Each shipment with receipt notifications greater than 20 days requires a special investigation and report to the U.S. Nuclear Regulatory Commission (NRC or the Commission) which the licensee believes to be burdensome and unnecessary to meet the intent of the regulation.
2 2.0 REQUEST/ACTION In a letter to the Commission dated November 13, 2009, DTE requested an exemption from the requirements in 10 CFR Part 20, Appendix G, Section III.E, to investigate and file a report to the NRC if shipments of low-level radioactive waste are not acknowledged by the intended recipient within 20 days after transfer to the shipper. This exemption would extend the time period that can elapse during shipments of low-level radioactive waste before DTE is required to investigate and file a report to the NRC from 20 days to 35 days. The exemption would be applicable to rail and truck/rail mixed-mode shipments. The exemption request is based on an analysis of the historical data of low-level radioactive waste shipment times from the Fermi-1 site to the disposal site.
3.0 DISCUSSION The proposed action would grant an exemption to extend the 20-day investigation and reporting requirements for shipments of low-level radioactive waste to 35 days.
Historical data derived from experience at Fermi-1 indicates that rail transportation time to waste disposal facilities almost always exceed the 20-day reporting requirement. A review of the Fermi-1 data indicates that transportation time for shipments by rail or truck/rail took over 20 days on average. In addition, administrative processes at the disposal facilities and mail delivery times could add several additional days.
Pursuant to 10 CFR 20.2301, the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of regulations in 10 CFR Part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. There are no provisions in the Atomic Energy Act (or in any other Federal statute) that impose a requirement to investigate and report on low-level radioactive waste shipments that have not been acknowledged by the recipient within 20 days of transfer.
3 Therefore, the Commission concludes that there is no statutory prohibition on the issuance of the requested exemption and the Commission is authorized to grant the exemption by law.
The Commission acknowledges that, based on the shipment times to date from the Fermi-1 site to the disposal facility, the need to investigate and report on shipments that take longer than 20 days could result in an excessive administrative burden on the licensee. The Commission finds that the underlying purpose of the Appendix G timing provision at issue is to investigate a late shipment that may be lost, misdirected, or diverted. Furthermore, by extending the elapsed time for receipt acknowledgment to 35 days before requiring investigations and reporting, a reasonable upper limit on shipment duration (based on historical analysis) is still maintained if a breakdown of normal tracking systems were to occur.
Consequently, the Commission finds that there is no hazard to life or property by extending the investigation and reporting time for low-level radioactive waste shipments from 20 days to 35 days for rail and truck/rail mixed-mode shipments. Therefore, the Commission concludes that the underlying purpose of 10 CFR Part 20, Appendix G, Section III.E will be met.
4.0 CONCLUSION
Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption requested by DTE in its November 13, 2009, letter is authorized by law and will not result in undue hazards to life or property. Therefore, the Commission hereby grants DTE an exemption to extend the 20-day investigation and reporting requirements for shipments of low-level radioactive waste, as required by 10 CFR Part 20, Appendix G, Section III.E, to 35 days.
4 Pursuant to 10 CFR 51.31, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment as documented in Federal Register (FR) notice 75 FR 20867, April 21, 2010.
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 26th day of April, 2010.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION
/RA/
Keith I. McConnell, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs