ML14160A628
| ML14160A628 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 06/30/2014 |
| From: | Macfarlane A NRC/Chairman |
| To: | Feinstein D US SEN (Senate) |
| Rihm, Roger 415-1717 | |
| Shared Package | |
| ML14139A522 | List: |
| References | |
| CORR-14-0062, LTR-14-0286 | |
| Download: ML14160A628 (2) | |
Text
June 30, 2014 The Honorable Dianne Feinstein United States Senate Washington, DC 20510
Dear Senator Feinstein:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of May 14, 2014, regarding the emergency preparedness (EP) and security exemption process for the decommissioning San Onofre Nuclear Generating Station (SONGS).
If a power reactor licensee at a decommissioning facility wishes to apply for an exemption from the NRCs licensing requirements due to changes in the scope of activities and the nature of the radioactive material onsite, the licensee must follow the process outlined in NRC regulations and provide a detailed, technical safety evaluation to the NRC to support the request. In reviewing such exemption requests, the NRC first evaluates whether the requests 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.
Regarding requests for exemptions specifically from some of the NRCs EP requirements, the NRC has developed draft interim staff guidance (ISG), Emergency Planning Exemption Requests for Decommissioning Nuclear Power Plants. This guidance identifies the issues NRC staff evaluates in reviewing requests for exemptions. A copy of the draft ISG is enclosed for your information. While the guidance is intended to assist NRC staff in reviewing EP exemption requests, guidance documents such as this one are also issued publicly to describe and make available to interested parties the methods that the NRC staff considers acceptable for use in implementing specific parts of the agencys regulations, such as those governing exemption requests. In developing this guidance, the NRC relied upon previous exemption review experience, and the guidance was informed by the most recent spent fuel pool studies. Earlier this year the NRC made the draft ISG available to the public for an extended review and comment period. The staff is currently updating the draft ISG to address the public comments, as necessary, and to incorporate experience gained from its review of ongoing exemption requests. The EP ISG is being updated in parallel with the staffs preparation of a paper for the Commission regarding EP exemption requests from Dominion Energy Kewaunee, Inc. for the Kewaunee Power Station, which is in the process of decommissioning. Until the ISG is finalized, staff will continue to consider its previous exemption request experience in evaluating EP exemption requests.
The NRC also is developing an ISG regarding review of exemptions related to security at decommissioning reactor facilities. This guidance will reflect changes to the agencys enhanced security regulations issued March 27, 2009. The 2009 security regulations established and updated security requirements for power reactors, including the spent fuel pool, to be consistent with those requirements imposed by Commission Orders after the terrorist attacks of September 11, 2001. These security requirements remain applicable during decommissioning activities unless a licensee is granted an exemption from a particular requirement. This guidance will also include consideration of past experience and lessons learned from technical evaluations of security exemption requests currently under review. As part of NRCs normal process, the staff will issue the draft security ISG for public review and comment.
Regarding future rulemaking, the NRC has formed an interoffice decommissioning transition working group to identify current and future challenges and to improve internal and external communications. As part of this effort, staff is evaluating prior rulemaking efforts and lessons learned from earlier and ongoing plant shutdowns to identify potential regulatory changes that could be implemented in a future rulemaking.
We appreciate your interest in this matter and hope this information is responsive to your request. Please be assured that, as the NRC reviews exemption requests for decommissioning facilities, we will continue to ensure that licensees are required to do all that is necessary to protect the safety and security of the public. If you need additional information, please contact me or Amy Powell, Acting Director of the Office of Congressional Affairs, at (301) 415-1776.
Sincerely,
/RA/
Allison M. Macfarlane
Enclosure:
As stated