ML15183A375

State of Vermont'S Notice of Supplemental Authority Exhibit 1

ML15183A375
Person / Time
Site:	Vermont Yankee
Issue date:	07/02/2015
From:	State of VT, Dept of Public Service
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML15183A373	List: ML15183A374 ML15183A375
References
50-271-LA-3, ASLBP 15-940-03-LA-BD01, RAS 28019
Download: ML15183A375 (5)

Text

{{#Wiki_filter:EXHIBIT 1

1. M 35992 Federal Register/VoI. 80, No. 120lTuesday, Iune 23, 2015/Notices II. Background be minimized, including the use of adams.html. To begin the search, select automated collection techniques or "ADAMS Public Documenfs" and then In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. other forms of information technology? select "Begin Web-based ADAMS Chapter 35), the NRC is requesting Dated at Rockville, Maryland, this 18th day Search." For problems with ADAMS, ofJune,2015. please contact the NRC's Public public comment on its intention to Document Room (PDR) reference staff at request the OMB's approval for the Fo the Nuclear Regulatory Commission.

information collection summarized 1-800-397-4209, 301-415 47 37, or by Tremaine Donnell, below. email to pdr,resource@nrc.gov. the NRC Clearcnce Officer, Office of Information ADAMS accession number for each

   '1,. The title of the information         Services.

collection: Title 10 of the Code of document referenced (if that document IFR Doc. 2015-15390 Filed 6-22-15; 8:45 ml is available in ADAMS) is provided the Federal Regulations (10 CFR) Part 51- BILLING CODE 759(H'I-P Environmental Protection Regulations first time that a document is referenced. for Domestic Licensing and Related NÃC's PDfir You may examine and Regulatory Functions, purchase copies of public documents at NUCLEAR REGULATORY the NRC's PDR, Room O1-F21, One

2. OMB approval number:3150-0021. coMMrsstoN

3. Type of submission; Extension. White Flint North, 11555 Rockville

4. The form number, íf applicable: lDocket No. 50-271 ; NRC-2015-{157I Pike, Rockville, Maryland 2oBsz.

N/A, FOR FURTHER INFOFMATION CONTACT: How often the collection is requred Entergy Nuclear Operations, lnc.;

5. fames Kim, Office of Nuclear Reactor or requested: Upon submittal of an Vermont Yankee Nuclear Power Regulation, U.S. Nuclear Regulatory application for a combined license, Staton Commission, Washington, DC 20555-construction permit, operating license, AGENGY: Nuclear Regulatory 0001; telephone: 301-415-4125; email:

operating license renewal, early site Commission. fames.Kim@nrc.gov. permit, design certification, ACTION: Exemption; issuance. SUPPLEMENTARY INFORMATION T decommissioning or license termination review, or manufacturing license, or

SUMMARY

The U.S. Nuclear Regulatory I. Background upon submittal of a petition for Commission (NRC) is issuing Entergy Nuclear Operations, Inc.

rulemaking. exemptions in response to a lanuary 6, (ENO), is the holder of Renewed Facility

6. Who will be required or asked to 2015, request from Entergy Nuclear Operating License No. DPR-28 for VY.

respond: Licensees and applicants Operations, Inc. (ENO or the licensee). By letter dated january 12,20'1.5 requesting approvals for actions One exemption permits the use of the (ADAMS Accession No. ML15013A426), proposed in accordance with the Vermont Yankee Nuclear Power Station ENO submitted to the NRC a provisions of 10 CFR parts 30, 32, 33, (VY) Decommissioning Trust Fund certification in accordance with 34, 35, 36, 39, 40, 50, 52,54,60, 61, 70, (Trust) to implement the licensee's plan sections 50.s2(ax1xi) and 50.s2(a)(1)(i and,72. to manage irradiated fuel in accordance of Title 10 of the Code of Federal

7. The estimated number of annua with the updated Irradiated Fuel Regulations (10 CFR), indicating that it responses: 48.7. Management Plan and post-shutdown had permanently ceased power B, The estimated number of annual decommissioning activities report operations at VY and had permanently rcspondents: 48,7, (PSDAR). The other exemption permits defueled the VY reactor vessel. VY has

9. The estimated number of hours the licensee to make withdrawals from not operated since December 29,2O'J,4, needed annually to comply with the the Trust in accordance with the The facility consists of a boiling water information collection requirement or updated Irradiated Fuel Management reactor located in the town of Vernon, rcquest:48,1,O4, Plan and PSDAR without prior

   'LO. Abstract:The NRC's regulations at                                                     Windham County, Vermont on the west notification to the NRC.                         bank of the Connecticut River, 10 CFR part 51 specifies information to ontes: lune 23,2015.                              immediately upstream of the Vernon be provided by applicants and licensees so that the NRC can make                      ADDRESSES: Please refer to Docket ID             Hydroelectric Station.

determinations necessary to adhere to NRC-2015-0157 when contacting the II. RequesVAction the policies, regulations, and public NRC about the availability of information regarding this document, By letter dated ]anuary 6,20L5 laws of the United States, which are (ADAMS Accession No. ML15013 A1'71,), interpreted and administered in You may obtain publicly-available information related to this document ENO submitted a request for exemptions accordance with the provisions set forth using any of the following methods: from 10 CFR 50.82(a)(s)((A) and 10 in the National Environmental Policy Act of 1969, as amended.

                                                . Federal Rulemakng Web site: Go to           CFR 50.75(h)(lXiv). The exemption http / /www.regulations. gov and search

from 10 CFR 50.82(a)(s)(iXA) would III. Specific Requests for Comments for Docket ID NRC-2015-0157. Address permit ENO to make withdrawals from The NRC is seeking comments that questions about NRC dockets to Carol the VY Trust to implement its plan to address the following questions: Gallagher; telephone: 301-415-3463; manage irradiated fuel in accordance 1, Is the proposed collection of emaíI: Carol.Gallagher@nrc.gov. For with the updated Irradiated Fuel information necessary for the NRC to technical questions, contact the Management Plan and PSDAR. The properly perform its functions? Does the individual listed in the FoR FURTHER exemption from 10 CFR 50.7s(hXlXiv) information have practical utility? INFORMATIoN CONTACT section of this would permit ENO to make these

2. Is the estimate of the burden of the document. withdrawals without prior notification information collection accurate? c NRC's Agencywide Documents of the NRC, similar to withdrawals for

3. Is there a way to enhance the Access and Management System decommissioning activities made in quality, utility, and clarity of the (ADAMS):You may access publicly- accordance with 10 CFR 50.82(aX8). By information to be collected? available documents online in the a separate letter dated December 19,

4. How can the burden of the ADAMS public document collection at 2014 (ADAMS Accession No.

information collection on respondents hnp : / /vvvvw, nrc. gov / readng-rm / ML143584251), ENO submitted an

Federal Register/Vol. 80, No. 120/Tuesday, Iune 23, 2o1'5lNotices 35993 update to the VY Irradiated Fuel A. The Exemptions are Authonzed by C. The Exemptions are Consistent With Management PIan (as required by 10 Law the Common Defense and Security CFR 50.54(bb)). The PSDAR, as required The requested exemptions would by 10 CFR 50.82(aX4Xi), was also The requested exemptions from 10 allow ENO to use funds from the Trust submitted on December 19,201.4 CFR 50.82(a)(sXiXA) and 1o CFR for irradiated fuel management. (ADAMS Accession No. ML14357,{110), 50.75(hxlxiv) would allow ENO to use Irradiated fuel management under 10 a portion of the funds from the Trust for The requirements of 10 CFR CFR 50.54(bb) is an integral part ofthe irradiated fuel management without planned ENO decommissioning and s0.s2(al(BXiXA) restrict the use of Trust prior notice to the NRC, in the same withdrawals to expenses for legitimate final license termination process and manner that withdrawals are made will not adversely affect ENO's ability to decommissioning activities consistent under 10 CFR 50.82(a)(B) for with the definition of decommissioning physically secure the site or protect decommissioning activities. As stated special nuclear material. This change to which appears in 10 CFR 50.2. This above, 10 CFR 50.12 allows the NRC to definition does not include activities enable the use of a portion of the funds grant exemptions from the requirements from the Trust for activities other than associated with irradiated fuel of 10 CFR part 50 when the exemptions management. Therefore, an exemption decommissioning activities has no are authorized by law. The NRC staff relation to security issues. Therefore, from 10 CFR 50.82(a)(8XiXA) is needed has determined, as explained below, to allow ENO to use funds from the the common defense and security is not that granting the licensee's proposed impacted by the requested exemptions. Trust for irradiated fuel management. exemptions will not result in a violation The requirements of 10 CFR of the Atomic Energy Act of 1954, as D. Special Circumstances 50.75(hXlXiv) also restrict the use of amended, or the Commission's Special circumstances, in accordance Trust disbursements (other than for regulations. Therefore, the exemptions with 10 CFR 50.12(a)(z)(ii), are present ordinary and incidental expenses) to are authorized by law. whenever application of the regulation decommissioning expenses until final in the particular circumstances is not decommissioning has been completed. B. The Exemptions Present No Undue necessary to achieve the underlying The requirements of 10 CFR Risk to the Public Health and Safety purpose of tlre regulation.

50. z5 (h) (1Xiv) further provide that, The underlying purpose of 10 CFR The underlying purpose of 10 CFR except for withdrawals being made s0.Bz(aXBXi)(A) and 10 CFR 50.82(aXsXiXA) and 10 CFR under 10 CFR 50.82(a)(8) or for 50.25(hXlXiv) is to provide reasonable 50,75(hxlXiv) is to provide reasonable payments of ordinary administrative assurance that adequate funds will be assurance that adequate funds will be costs and incidental expenses, no available for radiological available for radiological disbursement may be made from the decommissioning of power reactors.

decommissioning of power reactors. Trust without written notice to the NRC Strict application of these requirements Based on the site-specific cost estimate at least 30 working days in advance. would prohibit withdrawal of funds and the cash flow analysis, use of a Therefore, an exemption from 10 CFR from the Trust for activities other than portion of the Trust for irradiated fuel 50.75(h)(1Xiv) is needed to allow ENO decommissioning activities, such as management will not adversely impact to use funds from the Trust for ENO's ability to complete radiological irradiated fuel management, until final irradiated fuel management without radiological decommissioning at VY has decommissioning within 60 years and prior NRC notification. been completed. terminate the VY license. Furthermore, The total VY Trust balance as of III. Discussion exemption from 10 CFR 50.75(hXlXiv) October 31., 20L4, was approximately to allow the licensee to make Pursuant to 10 CFR 50.12, the $655.0 million ín2OL4 dollars. The ENO withdrawals from the Trust for Commission may, upon application by analysis projects the total radiological inadiated fuel management without any interested person or upon its own decommissioning cost of VY to be prior written notification to the NRC initiative, grant exemptions from the approximately 581,7.2 million (zor+ should not affect the sufficiency of dollars). As required by ro CFR requirements of 10 CFR part 50 (r) when funds in the Trust to accomplish the exemptions are authorized by law, 50.54(bb), ENO estimated the costs radiological decontamination of the site associated with the long-term irradiated will not present an undue risk to the because such withdrawals are still public health and safety, and are fuel management at VY to be $364.4 constrained by the provisions of 10 CFR million in 2O1,4 dollars. consistent with the common defense so.Bz (aXSXiXB)-(C) and are reviewable and security; and (2) when any of the The staff performed an independent under the annual reporting cash flow analysis of the Trust through special circumstances listed in 10 CFR requirements of 10 CFR 50.s2(aXBXv)- 2075, assuming an annual real rate of 50.12(aX2) are present, These special (vii). circumstances include, among other return of two percent, as allowed by 10 Based on the above, there are no new CFR 50.75(e)(1)(ii), and determined the things, the following: accident precursors created by using the projected earnings ofthe Trust. The staff (a) Application of the regulation in Trust in the proposed manner, Thus, the confirmed that the current funds, the particular circumstances would not probability of postulated accidents is planned future contributions, and serve the underlying purpose of tle rule not increased. Also, based on the above, projected earnings ofthe Trust provide or is not necessary to achieve the the consequences of postulated reasonable assurance of adequate underlying purpose ofthe rule; or accidents are not increased. No changes funding to complete all NRC required (b) Compliance would result in undue are being made in the types or amounts decommissioning activities and to hardship or other costs that are of effluents that may be released offsite. conduct irradiated fuel management in significantly in excess ofthose There is no significant increase in accordance with the updated Irradiated contemplated when the regulation was occupational or public radiation Fuel Management Plan and PSDAR. The adopted, or that are significantly in exposure. Therefore, the requested staffs review and conclusions are based excess ofthose incurred by others exemptions will not present an undue on ENO's specific financial situation, as similarly situated. risk to the public health and safety. described in its Decembet 19,2O'l'4,

35994 Federal Register/Vol. 80, No. 120/Tuesday, Iune 23,2OI5lNotices letter, Consequently, the staff concludes not preclude use of funds from the Trust increase in te amounts of any effluents that application of the requirement tlat in excess ofthose needed for that may be released offsite; (iii) there is funds from the Trust only be used for radiological decommissioning for other no significant increase in individual or decommissioning activities and not for purposes, such as irradiated fuel cumulative public or occupational irradiated fuel management is not management. The NRC has stated that radiation exposure; (iv) there is no necessary to achieve the underlying funding for irradiated fuel management significant construction impact; (v) purpose of the rule and, thus, that may be commingled in the Trust, there is no significant increase in the special circumstances are present provided the licensee is able to identify potential for or consequences from supporting the approval ofthe and account for the radiological radiological accidents; and (vi) the exemption request. decommissioning funds separately from requirements from which an exemption In its submittal, ENO also requested the funds set aside for irradiated fuel is sought are among those identified in exemption from the requirements of 10 management (see NRC Regulatory Issue 10 CFR 5t.22(c)(25)(vi). CFR 50.75(h)(1)(iv) concerning prior Summary 2OO1-O7, Revision 1, "10 CFR The Director, Division of Operating written notification to the NRC of 50.75 Reporting and Recordkeeping for Reactor Licensing, Office of Nuclear withdrawals from the Trust to fund Decommissioning Planning" dated Reactor Regulation, has determined that activities other than decommissioning lanuary 8, 2009 (ADAMS Accession No. approval ofthe exemption request activities. The underlying purpose of ML083440158), and Regulatory Guide involves no significant hazards notifying the NRC prior to withdrawal 1,184, Revision 1, "10 CFR 50.75 consideration because allowing the of funds from the Trust is to provide an Reporting and Recordkeeping for licensee to use withdrawals from the opportunity for NRC intervention, when Decommissioning Planning" (ADAMS Trust, in accordance with the updated deemed necessary, if the withdrawals Accession No. ML131444840)). To Irradiated Fuel Management Plan and are for expenses other than those prevent access to those excess funds in PSDAR, without prior notification to the authorized by 10 CFR 50.75(hX1)(iv) the Trust because irradiated fuel NRC at the permanently shutdown and and 10 CFR 50.82(a)(B) that could result management is not associated with defueled VY power reactor, does not (t) in there being insufficient funds in the radiological decommissioning, would involve a significant increase in the Trust to accomplish radiological create an unnecessary financial burden probability or consequences of an decommissioning of the site. without any corresponding safety accident previously evaluated; or (2) As stated previously, the staff has benefit. The adequacy ofthe Trust to create the possibility of a new or determined that there are sufficient cover the cost of activities associated different kind of accident from any funds in the Trust to complete with irradiated fuel management, in accident previously evaluated; or (3) legitimate radiological decommissioning addition to radiological involve a significant reduction in a activities as well as to conduct decommissioning, is supported by the margin of safety. The exempted irradiated fuel management. Pursuant to site-specific decommissioning cost decommissioning trust fund regulations the annual reporting requirements in 10 analysis. If ENO cannot use its Trust for are unrelated to any operational CFR 50,82(a)(B)(v)-(vii), licensees are irradiated fuel management, it would restriction. Accordingly, there is no required to monitor and report the need to obtain additional funding that significant change in the types or status of the Trust and the funding would not be recoverable from the significant increase in the amounts of status for managing irradiated fuel. Trust, or ENO would have to modify its any effluents that may be released These reports provide the NRC with decommissioning approach and offsite; and no significant increase in awareness of, and the ability to take methods, The NRC staff concludes that individual or cumulative public or action on, any actual or potential either outcome would irnpose an occupational radiation exposure. The funding deficiencies. The requested unnecessary and undue burden exempted regulation is not associated exemptions would not allow significantly in excess of that with construction, so there is no withdrawal of funds from the VY Trust contemplated when the regulation was significant construction impact. The for any other purpose that is not adooted. exempted regulation does not concern currently authorized in the regulations Since the underlying purpose of 10 the source term (i.e., potential amount without prior notification to the NRC. cFR 50.82(a)(BXiXA) and 1o CFR ofradiation in an accident), nor Therefore, the granting ofthis 50.75(h)(lXiv) would be achieved by mitigation, Thus, there is no significant exemption to 10 CFR 50.25(h)(l)(iv) to allowing ENO to use a portion of the increase in the potential for or allow the licensee to make withdrawals Trust for irradiated fuel management consequences from radiological from the Trust for authorized expenses without prior NRC notification, and accidents. The requirements for using for irradiated fuel management without compliance with the regulations would decommissioning trust funds for prior written notification to the NRC result in an undue hardship or other decommissioning activities and for will still meet the underlying purpose of costs that are significantly in excess of providing prior written notice for other the regulation. those contemplated when the regulation withdrawals from which the exemption Special circumstances, in accordance was adopted, the special circumstances is sought involve recordkeeping with 10 CFR 50.12(a)(2)(iii) are present required by 10 CFR s0.12(a)(2)(ii) and requirements, reporting requirements, or whenever compliance would result in 10 CFR 50.12(aX2Xiii) exist and support other requirements of an administrative, undue hardship or other costs that are the approval ofthe requested managerial, or organizational nature. significantly in excess ofthose exemptions. Therefore, pursuant to 10 CFR contemplated when the regulation was 51,,22(b) and 51.22(c)(25), no adopted, or tlat are significantly in E. Environmental Considerations environmental impact statement or excess ofthose incuned by others Under 10 CFR 51,22(c)(25), granting environmental assessment need be similarly situated. The licensee states of an exemption from the requirements prepared in connection wit}r the that the Trust contains funds in excess of any regulation of Chapter I is a approval of this exemption request. of the estimated costs of radiological categricl exclusion provided that (i) decommissioning and that these excess there is no significant hazards IV. Conclusions funds are needed for irradiated fuel consideration; (ii) there is no significant Accordingly, the Commission has management activities. The NRC does change in the types or significant determined that, pursuant to 1.0 CFR

Federal Register/Vol. 80, No. 120lTuesday, June 23, 20'1.5/Notices 35995 50.12(a), the exemptions are authorized Mail Stop: T-5 F53, U.S, Nuclear comment submission available to the by law, will not present an undue risk Regulatory Commission, Washington, public in this docket. to the public health and safety, and are DC 20555-0001. The NRC cautions you not to include consistent with the common defense For additional direction on obtaining identifying or contact information that and security. Also, special information and submitting comments, you do not want to be publicly circumstances are present. Therefore, see "Obtaining Information and disclosed in your comment submission. the Commission hereby grants ENO Submitting Comments" in the The NRC posts all comment exemptions from the requirements of 10 SUPPLEMENTARY INFORMATION section of submissions at http:// cFR 50.82(a)(B)(ixA) and r0 cFR this document. www.regulations,gov as well as entering

50. 75(h) (1Xiv) to allow withdrawals FOR FURTHER INFORMATION CONTACT: the comment submissions into ADAMS.

from the VY Trust for irradiated fuel Tremaine Donnell, Office of Information The NRC does not routinely edit management without prior NRC Services, U.S. Nuclear Regulatory comment submissions to remove notification, Commission, Washington, DC 20555- identifying or contact information. The exemptions are effective upon 0001 ; telephone: 301-415-6258; email: Ifyou are requesting or aggregating issuance. INF OCOILE CT S, Re s ource@NRc. GOV. comments from other persons for Dated at Rockville, Maryland, this 17th day SUPPLEMENTARY INFORMATION: submission to the NRC, then you should of June 2015. inform those persons not to include I. Obtaining Information and identifying or contact information that Fo the Nuclear Regulatory Commission. Submitting Comments they do not want to be publicly A, Louise Lund, A. Obtaining Information disclosed in their comment submission, Acting Director, Division of Operating Reactor Licensing, Office of Nudear Reactor Your request should state that the NRC Please refer to Docket ID NRC-2015-Regulation. does not routinely edit comment 0033 when contacting the NRC about submissions to remove such information IFR Doc. 201 5-15 47 3 Filed. 6-22-1.5; 8:45 aml the availability of information for this before making the comment BILLING CODE 759O{'I-P action. You may obtain publicly-submissions available to the public or available information related to this entering the comment submissions into action by any of the following methods: NUCLEAR BEGULATORY . Federal Rulemaking Web site: Go to ADAMS. COMMISSION http : / /www.regul ati on s.gov and search II. Background INRC-201H)0331 for Docket ID NRC-2015-0033. In accordance with the Paperwork

                                                   . NRC's Agencryide Documents               Reduction Act of 1995 (44 U,S.C.

Information Collection; Physical Access and Management System (ADAMS): You may obtain publicly- chapter 35), the NRC is requesting Protection of Category 1 and Category public comment on its intention to 2 Quantities of Radioactive Material available documents online in the request the OMB's approval for the ADAMS Public Documents collection at AcENcY: Nuclear Regulatory information collection summarized http / / www. n rc. gov / re a d i n g- rm / Commission. below. adams.html. To begin the search, select ACTION: Renewal of existing information L. The title of the information "ADAMS Public Documenfs" and then collection; request for comment. collection:10 CFR part 37, Physical select " Begin Web-based ADAMS Protection ofCategory 1 and Category 2 Search." For problems with ADAMS,

SUMMARY

The U.S. Nuclear Regulatory please contact the NRC's Public Quantities of Radioactive Material.

Commission (NRC) invites public 2. OMB approval number: 3150-021.4. Document Room (PDR) reference staff at comment on the renewal of Office of 3. Type of submission: Extension. 1-800-397-4209, 301-415 -47 37, or by Management and Budget (OMB) gov.'lhe 4. The form number, if applicable: email to p dr.re source@nrc. approval for an existing collection of Standard Fingerprint Form, FD-258. supporting statement and burden information. The information collection 5. How often the collection is required estimates are available in ADAMS under is entitled, "Physical Protection of or requested: One time for initial Accession Nos.: ML151144468 and Category 1 and Category 2 Quantities of compliance notifications and ML151144470, Radioactive Material." o NfiC's PDfr: You may examine and fingerprints for the reviewing officials; otes: Submit comments by August 24, purchase copies of public documents at and as needed for implementation 2015. Comments received after this date the NRC's PDR, Room O1-F2t, One notifications, event notifications, will be considered if it is practical to do white Flint North, 11bb5 Rockville notifications of shipments of radioactive so, but the Commission is able to ensure Pike, Rockville, Maryland 208s2. material, and fingerprinting of new consideration only for comments o NÃG's Clearance Officer: A copy of employees. received on or before this date. the collection of information and related 6, Who will be required or asked to ADDRESSES: You may submit comments instructions may be obtained without respond: Licensees that are authorized by any of the following methods: charge by contacting the NRC's to possess and use category 1 or o Federal RulemakingWeb site: Go to Clearance Officer, Tremaine Donnell, category 2 quantities of radioactive http : / /www.re gul ations. gov and search Office of Information Services, U.S. material. for Docket ID NRC-2015-0033. Address Nuclear Regulatory Commission, 7. The estimated number of annual questions about NRC dockets to Carol Washington, DC 20555-0001; telephone: tesponses: 103,983. Gallagher; telephone: 3O1.-287-3422: 301-415-6258; email: B, The estimated number of annual email: Carol. G allaghet@nrc. gov. F ot INF O C O LLE CT S.Re s o urc e@ N RC. G OV. respondents : 1,500 (300 NRC Licensees technical questions, contact the + L,2OO Agreement State Licensees). individual listed in the FOR FURTHER B. Submitting Comments 9, The estimated number of hours INFORMATION CONTACT section of this Please include Docket ID NRC-2015- needed annualy to comply with the document. 0033 in the subject line of your nformation collection rcquirement or c MaiI comments fo: Tremaine comment submission, in order to ensure request: L38,57o.2 hours (1932.4 hours Donnell, Office of Information Services, that the NRC is able to make your reporting + 85,644.2 hours}}