HBL-17-002, Request for Exemption from the Record-Keeping Requirements of 10 CFR 50 Appendix B, Criterion Xvii; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c)
| ML17068A095 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 03/09/2017 |
| From: | Sharp L Pacific Gas & Electric Co |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| HBL-17-002 | |
| Download: ML17068A095 (14) | |
Text
Pacific* tlas,and Electric.company~
March 9, 2017 PG&E Letter HBL-17-002 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Docket No. 50-133, License No. DPR-7 Humboldt Bay Power Plant Unit 3 Loren D. Sharp Senior Director Nuclear Decommissioning 735 Tank Farm Road San Luis Obispo, CA 93401 Phone: 805.595.6481 Email: LDSL@pge.com 10 CFR 50.12 Request for Exemption from the Record-Keeping Requirements of 1 0 CFR 50 Appendix B. Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71 (c)
Dear Commissioners and Staff:
In accordance with 10 CFR 50.12, "Specific exemptions," Pacific Gas and Electric Company (PG&E) is hereby requesting the following exemption for Humboldt Bay Power Plant (HBPP) Unit 3 from the record-keeping requirements of:
(1) 10 CFR Part 50, Appendix B, Criterion XVII, which requires that certain records be retained consistent with regulatory requirements for a duration established by the licensee; (2) 10 CFR 50.59(d)(3), which requires that certain records be maintained until termination of a license issued pursuant to Part 50; and (3) 10 CFR 50.71 (c), which requires that certain records be maintained consistent with various elements of NRC regulations, facility technical specifications, and* other licensing bases documents.
_ PG&E is not requesting an exemption from 10 CFR 50, Appendix A, Criterion 1, which requires certain records to be maintained throughout the life of the unit, because the HBPP Unit 3 design basis predated the establishment of General Design Criteria (GDC) for Nuclear Power Plant Construction Permits, and HBPP Unit 3 is therefore not a GDC plant.
PG&E proposes to eliminate these records for the nuclear power unit and associated systems, structures, and components (SSCs) that no longer exist, including SSCs that were associated with decommissioning and storage of spent fuel under the Part 50 license for HBPP Unit 3. There are no HBPP Unit 3 SSCs remaining at the site. In addition, all spent fuel has been completely transferred
Document Control Desk March 9, 2017 Page2 PG&E Letter HBL-17-002 from the HBPP Unit 3 spent fue1 pool to the onsite Humboldt Bay Independent Spent Fuel Storage Installation (HB JSFSI).
PG&E is not requesting any exemption associated with the HB ISFSJ, which is licensed under 10 CFR Part 72. In addition, PG&E is not requesting an exemption from the decommissioning records retention requirements of 10 CFR 50.75, or any other requirements of 10 CFR Part 50 record-keeping requirements.
- provides the basis for the request for exemption from record-keeping requirements for HBPP Unit 3 in accordance w1th 10 CFFR 50.12. Enclosure 2 provides the No Significant Hazards Consideration Determination and Assessment of EnvironmentaJ Consideratrons required by 10 GFR 50.92{c} and 10 GFR 51.22(c)(25).
The information contained in Enclosures 1 and 2 provides justification for granting exemption from the record-keeping requirements of 1 0 CFR 50, Appendix B. Criterion XVH; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c) for records pertaining to SSCs or activities associated with the nuclear power unit and associated support systems that are no Iarmer required to support licensed activities at HBPP Unit 3.
PG&E respectfully requests the NRC to process this exemption request in a timely mannerl and requests the exemption request be made effective upon NRC issuance. If granted, PG&E will use the exemption to eliminate records associated with SSCs or activities associated with the. nuclear power unit and associated support systems that either no longer exist or are no longer required due to the advanced state of HBPP Unit 3 decommissioning.
There are no new or revised regulatory commitments (as defined in NEI 99-04) made in this submittaL If you have any questions or require additional information, please contact Mr. WiiJiam Barley at (707) 444-0856.
en D. Sharp Senior Dkector, Nuclear Decommissi ning
Document Control Desk March 9, 2017 Page 3 Enclosures cc:
HBPP Humboldt Bay Distribution cc/enc:
John B. Hickman, NRC Project Manager PG&E Letter HBL-17-002 Kriss M. Kennedy, NRC Region IV Administrator PG&E Letter HBL-17-002 Basis for the Request for Exemption from Record-Keeping Requirements PG&E Letter HBL-17-002 Page 1 of 6 Basis for the Request for Exemption from Record-Keeping Requirements
Background
Pacific Gas and Electric Company (PG&E) is the licensee and holder of Facility Operating License No. DPR-7 for Humboldt Bay Power Plant (HBPP) Unit 3.
HBPP Unit 3 is currently undergoing decommissioning. Although permanently shutdown, this facility is still subject to applicable rules, regulations, and orders of the NRC.
In June 1983, PG&E announced its intention to decommission the unit. In 1984, PG&E submitted the HBPP Unit 3 SAFSTOR Decommissioning Plan in support of the application to amend the HBPP Unit 3 Operating License to a Possession-Only License.
As a result of the 1996 NRC decommissioning rule, PG&E submitted the initial HBPP Unit 3 Post-Shutdown Decommissioning Activities Report (PSDAR) to the NRC on February 27, 1998, in accordance with 10 CFR 50.82(a)(4)(i). PG&E submitted the most recent revision to the PSDAR (Revision 4) on July 19, 2013, to inform the NRC of significant changes in scope, cost, and schedule for decommissioning activities, most notably due to caisson removal and canal remediation.
On December 11, 2008, PG&E completed the transfer of spent fuel from the HBPP Unit 3 spent fuel pool (SFP) into the Humboldt Bay Independent Spent Fuel Storage Installation (HB ISFSI). PG&E then began decontamination and dismantlement of HBPP Unit 3.
On May 3, 2013, PG&E submitted the HBPP Unit 3 License Termination Plan (L TP). In response to the NRC's Requests for Additional Information, PG&E submitted Revision 1 to the L TP on August 13, 2014. The NRC approved the HBPP Unit 3 L TP on May 4, 2016.
Currently, HBPP Unit 3 is in an advanced state of decommissioning. There are no HBPP Unit 3 structures, systems, or components (SSCs) remaining at the site. Because the SSCs have been removed from the licensing basis, the need for their records is eliminated. Therefore, PG&E proposes that HBPP Unit 3 be exempted from the record-keeping requirements for SSCs and associated historical activities that are no longer relevant. Such an exemption would eliminate the associated unnecessary regulatory and economic burden of retaining records for SSCs that are no longer part of the HBPP Unit 3 licensing basis.
Basis for Exemption PG&E Letter HBL-17-002 Page 2 of 6 In order for an exemption to be granted from the requirements of 10 CFR Part 50, Appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71 (c), the licensee must show that the requirements of 10 CFR 50.12(a)(1) are met and that special circumstances, as specified in 10 CFR 50.12(a)(2), exist. As discussed below, PG&E's request satisfies these standards for the regulatory exemption.
I. General Justification for Granting the Exemption Request A.
Nuclear Power Generation SSCs HBPP Unit 3 SSCs have been removed from the site and sent to various off-site disposal facilities. The general justification for eliminating records associated with these SSCs is simple and straightforward in that these SSCs no longer exist onsite, and, therefore, they no longer serve any function regulated by the NRC.
Even though SSCs no longer exist, their physical footprint at the site continues to be under NRC regulation due primarily to residual radioactivity. The radiological controls (and other programmatic controls, such as quality assurance) and the implementation of cleanup criteria are fully covered through current plant documents, such as the NRC-approved L TP. These programmatic elements and their associated records are unaffected by this exemption request.
B.
Spent Fuel and Associated SSCs With all spent fuel transferred from the SFP to the HB ISFSI, and the SFP drained and demolished, there is no regulatory value in retaining SFP SSC records. All records necessary for spent fuel storage continue to be retained for the HB ISFSI.
The requested exemption is consistent with the retention period for records of changes in the HB ISFSI or spent fuel storage cask design implemented under 10 CFR 72.48, "Changes, tests, and experiments."
10 CFR 72.48(d)(3)(i) specifically states that records are to be retained until "Spent fuel is no longer stored in the facility... " This is analogous to the condition under the Part 50 license when the fuel is no longer stored in the SFP and the SFP has been demolished.
C.
HB ISFSI SSCs and Spent Nuclear Fuel PG&E Letter HBL-17-002 Page 3 of 6 PG&E is not requesting any exemption associated with the storage of spent fuel at the HB ISFSI.
II Specific Justification for Exemptions and Special Circumstances A.
Specific Exemption is Authorized by Law PG&E's exemption request to reduce retention durations is authorized by law and within the NRC's authority. This request does not result in a violation of the Atomic Energy Act of 1954, as amended, or the NRC's regulations. In fact, NRC regulation 10 CFR 50.71 (d)(2) contemplates granting specific exemptions to the record retention requirements specified in 10 CFR Part 50. This paragraph states: "... the retention period specified in the regulations in this part for such records shall apply unless the Commission, pursuant to § 50.12 of this part, has granted a specific exemption from the record retention requirements specified in the regulations in this part."
The NRC granted similar exemptions from the requirements of 10 CFR Part 50, Appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71 (c) to the following decommissioning nuclear power plants:
San Onofre Nuclear Generating Station, Units 1, 2 and 3, July 18, 2016 (ADAMS Accession No. ML15355A055)
La Crosse Boiling Water Reactor, July 18, 2016 (ML15355A103)
Vermont Yankee Nuclear Power Station, December 22, 2015 (ML15344A243)
Zion Nuclear Power Station, Units 1 and 2, June 23, 2011 (ML111260266)
B.
Specific Exemption Will Not Present an Undue Risk to the Public Health and Safety Pursuant to 10 CFR 50.12(a)(1), the NRC will not consider granting an exemption to its regulations unless the exemption will not present an undue risk to the public health and safety.
PG&E performed 1 0 CFR 50.59 evaluations prior to removing SSCs to ensure the removals would not have an adverse public health and safety impact. Elimination of associated records for these SSCs can have no PG&E Letter HBL-17-002 Page 4 of6 additional impact. Therefore, the public health and safety are unaffected by the proposed exemption.
The exemption from the record retention requirements of 1 0 CFR 50, Appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71(c) is administrative in nature and will have no impact on any remaining
- decommissioning activities or on radiological effluents. This exemption merely advances the schedule for disposition of specified records.
Considering the content of these records, the disposition of these records on an advanced timetable will have no reasonable possibility of presenting any undue risk to the public health and safety.
C.
Specific Exemption Consistent with the Common Defense and Security Pursuant to 10 CFR 50.12(a)(1 ), the NRC will not consider granting an exemption to its regulations unless the exemption is consistent with the common defense and security.
The elimination of these 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. With the removal of the associated SSCs from HBPP Unit 3, the records have no functional purpose relative to maintaining conditions that would affect the common defense and security. _
D.
Special Circumstances Pursuant to 10 CFR 50.12(a)(2), the NRC will not consider granting an exemption to its regulations unless special circumstances are present.
Special circumstances are present as discussed below:
1 OCFR 50.12(a)(2)(ii):
The regulation states: "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;"
The common and underlying purpose for the record-keeping requirements of 10 CFR 50, Appendix B, Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71 (c) is to ensure that the current licensing and design bases of the facility are understood, documented, preserved, and retrievable relative to establishing and maintaining the SSC's safety functions for the life of the facility or until license termination. This ensures that, in the event of an accident, incident, or condition that could impact public health and safety, the licensee and the PG&E Letter HBL-17-002 Page 5 of 6 NRC have access to information in the records that would assist in the recovery from the event and prevent similar events or conditions that would impact health and safety.
These regulations, however, do not consider the decommissioning process in which SSCs are retired or disabled, and subsequently removed from NRC licensing basis documents by appropriate change mechanisms prior to the termination of the license. There are no HBPP Unit 3 SSCs remaining at the site. Retention of records associated with SSCs that have been removed or demolished serves no regulatory purpose. Application of the record-keeping requirements under these circumstances does not serve the underlying purpose of the regulations.
Thus, special circumstances are present which the NRC may consider, pursuant to 10 CFR 50.12(a)(2)(ii), to grant the requested exemption.
1 OCFR 50.12(a)(2)(iii):
The regulation states: "Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted... "
The record-keeping requirements applied by the NRC to the construction and operation of nuclear power plants are intended to demonstrate, on a broad basis, that SSCs and associated activities are supportive of the safety analysis and the requirements of the NRC license for an operating reactor and operability of the safety functions of its SSCs. The records program requirements provide assurance that records will be captured, indexed, and stored in an environmentally suitable and retrievable condition.
Retaining records in this manner comes at a significant cost. The burden associated with the operations phase records requirements was understood and considered appropriate by the NRC and their reactor licensees. However, the effect of the operations phase record-keeping requirements that survived the life of a facility, and no longer served an underlying safety purpose, were not fully understood or considered. This is the current situation at decommissioning facilities. The operating reactor record-keeping requirements that HBPP Unit 3 is currently required to meet 'are no longer necessary or appropriate in that the SSCs and activities to which the records apply have been eliminated and are no longer important to the facility, the public, or worker health and safety.
1 OCFR 50.12(a)(2)(vi)
PG&E Letter HBL-17-002 Page 6 of 6 The regulation states: "There is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption."
The cost associated with maintaining records that serve no regulatory purpose can be significant, particularly for a decommissioning facility that will no longer exist within a few years. This issue was not considered when the regulation was adopted, and it would be in the public interest to grant an exemption.
Summary Based on the information provided, the NRC has sufficient basis for granting an exemption from the record-keeping requirements of 10 CFR 50, Appendix B Criterion XVII; 10 CFR 50.59(d)(3); and 10 CFR 50.71 (c) for records pertaining to SSCs and associated activities that no longer exist at the HBPP Unit 3 site, including records pertaining to the SFP and associated support systems for the storage of fuel in the SFP, because all the spent fuel has been transferred from the SFP to the HB ISFSI, and the SFP has been demolished. This exemption does not apply to any record-keeping requirements for the HB ISFSI, which is licensed under 10 CFR Part 72; the decommissioning records retention requirements of 10 CFR 50.75, or any other requirements of 10 CFR Part 50 record-keeping requirements. In addition, PG&E is not requesting an exemption from 10 CFR 50, Appendix A, Criterion 1, as it does not apply to HBPP.
PG&E Letter HBL-17-002 No Significant Hazards Consideration Determination and Assessment of Environmental Considerations PG&E Letter HBL-17-002 Page 1 of 3 No Significant Hazards Consideration Determination The proposed exemption will exempt Humboldt Bay Power Plant (HBPP) Unit 3 from records retention requirements that are no longer relevant. Pacific Gas and Electric Company (PG&E) has reviewed the proposed exemption against each criterion in 10 CFR 50.92"( c) and has concluded that the exemption will not involve a significant hazards consideration. The following provides PG&E's analysis of the issue of no significant hazards consideration:
- 1. Does the proposed exemption involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No.
Due to the advanced state of decommissioning at HBPP Unit 3, there are no HBPP Unit 3 structures, systems or components (SSCs) remaining at the site. In addition, all spent fuel has been transferred from the spent fuel pool (SFP) to the onsite Humboldt Bay Independent Spent Fuel Storage Installation, and the SFP has been demolished.
As stated in the HBPP Unit 3 Defueled Safety Analysis Report, Chapter 7, there are no postulated decommissioning accidents with potential radiological impacts to the environment. The remaining radioactive source terms at HBPP Unit 3 have been eliminated or are administratively controlled to mitigate the postulated event precursors.
The proposed exemption is administrative in nature and does not affect possible initiating events for decommissioning accidents. Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2. Does the proposed exemption create the possibility of a new or different kind of accident from any accident previously evaluated?
Response: No.
The proposed exemption is administrative in nature and does not involve any change in the plant's design, configuration, or operation. Therefore, no new accident scenarios, failure mechanisms, or single failures are introduced by this proposed exemption. Thus, the proposed exemption will not create the possibility of a new or different kind of accident from any accident previously evaluated.
PG&E Letter HBL-17-002 Page 2 of 3
- 3. Does the proposed exemption involve a significant reduction in a margin of safety?
Response: No.
The proposed exemption is administrative in nature and does not involve a change in the plant's design, configuration, or operation. As stated in Item 1 above, there are no SSCs remaining at HBPP Unit 3, nor are there postulated decommissioning accidents with potential radiological impacts to the environment. Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.
Assessment of Environmental Considerations 10 CFR 51.22(c)(25) provides criteria for, and identification of, licensing and regulatory actions eligible for categorical exclusion from performing an environmental assessment or environmental impact statement. A proposed exemption requires no environmental assessment provided that (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve record-keeping requirements or other requirements of an administrative, managerial, or organizational nature.
PG&E has reviewed the proposed exemption and has determined that it meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25).
No environmental impact statement or environmental assessment needs to be prepared in connection with the proposed exemption. The following is the basis for this determination:
(i)
The proposed exemption does not involve a significant hazards consideration, as described in the No Significant Hazards Consideration Determination above.
(ii)
- There will be no significant change in the types or a significant increase in the amounts of any effluents released offsite because the exemption request is administrative in nature.
(iii)
The proposed exemption is administrative in nature and does not involve any physical alterations to the plant configuration or any changes to the operation of the facility that could lead to a significant increase in individual or cumulative public or occupational radiation.exposure. The PG&E Letter HBL-17-002 Page 3 of 3 remaining radioactive source terms at HBPP Unit 3 have been eliminated or are administratively controlled to mitigate postulated event precursors.
(iv)
The proposed exemption involves no significant construction impact because the proposed exemption is administrative in nature.
(v)
The proposed exemption is administrative in nature and does not involve a significant increase in the potential for or consequences from radiological accidents.
(vi)
The proposed exemption involves record-keeping requirements.
The proposed exemption meets the eligibility criteria in 10 CFR 51.22(c)(25) for categorical exclusion as explained above. Therefore, an environmental assessment or environmental impact statement is not required for this exemption request pursuant to 10 CFR 51.22(b).