ML19311C707

Public Watchdogs - NRC 2.206 Petition Exhibits 1-38, Part 8

ML19311C707
Person / Time
Site:	San Onofre
Issue date:	09/23/2014
From:	Public Watchdogs
To:	Division of Decommissioning, Uranium Recovery and Waste Programs
Cruz Z
Shared Package
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References
Download: ML19311C707 (112)

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Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.806 Page 2 of 31 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November , 2017 Mr. Thomas J. Palmisano Vice President and Chief Nuclear Officer Southern California Edison Company San Onofre Nuclear Generating Station P.O. Box 128 San Clemente, CA 92674-0128

SUBJECT:

SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3 -

ISSUANCE OF AMENDMENTS TO REVISE THE PERMANENTLY DEFUELED EMERGENCY PLAN (CAC NOS. L53160, L53161, and L53162)

Dear Mr. Palmisano:

The U.S. Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 168 to Facility Operating License No. DPR-13, Amendment No. 236 to Facility Operating License No. NPF-10, and Amendment No. 229 to Facility Operating License No. NPF-15 for the San Onofre Nuclear Generating Station (SONGS), Units 2 and 3, respectively. The amendments consist of changes to the Permanently Defueled Emergency Plan (PDEP) in response to your application dated December 15, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16355A015), as supplemented by letter dated May 5, 2017 (ADAMS Accession No. ML17160A324). The proposed changes more fully reflect the status of the facility, as well as the reduced scope of potential radiological accidents once all spent fuel has been moved to dry cask storage within the onsite independent spent fuel storage installation (ISFSI), an activity which is currently scheduled for completion in 2019.

The proposed changes replace the SONGS PDEP and associated Emergency Action Level (EAL) Bases Manual (hereafter referred to as the EAL scheme) with an ISFSI-Only Emergency Plan (IOEP) and associated EAL scheme. The NRC staff determined that the proposed SONGS IOEP and associated EAL changes continue to meet the standards in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.47, Emergency plans, and the requirements in Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, of 10 CFR Part 50, as exempted. As such, the SONGS IOEP and associated EAL changes provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.

The NRC staff has determined that its documented safety evaluation does not contain Sensitive Security-Related Information (SUNSI) pursuant to 10 CFR 2.390, Public inspections, exemptions, requests for withholding. In accordance with 10 CFR 2.390 of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.807 Page 3 of 31 T. Palmisano A copy of the related Safety Evaluation is provided in Enclosure 4. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice. If you have any questions, please contact me at 301 -415-3178, or via e-mail at marlayna.vaaler@nrc.gov.

Sincerely, Marlayna G. Vaaler, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos. 50-206, 50-361, and 50-362

Enclosures:

1. Amendment No. 168 to DPR-13

2. Amendment No. 236 to NPF-10

3. Amendment No. 229 to NPF-15

4. Safety Evaluation cc w/encls: Distribution via Listserv

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.808 Page 4 of 31 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SOUTHERN CALIFORNIA EDISON COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY DOCKET NO. 50-206 SAN ONOFRE NUCLEAR GENERATING STATION, UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 168 License No. DPR-13

1. The Nuclear Regulatory Commission (the Commission or the NRC) has found that:

A. The application for a license amendment filed by the Southern California Edison Company and the San Diego Gas and Electric Company (the licensee), dated December 15, 2016, as supplemented by letter dated May 5, 2017, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and applicable portions of the Commissions regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of San Onofre Nuclear Generating Station, Unit 1 (the facility) has been completed in conformity with Construction Permit No. CPPR-13 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the applicable rules and regulations of the Commission; D. There is reasonable assurance (i) that the activities authorized by this amended license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with applicable portions of the Commissions regulations set forth in 10 CFR Chapter I; E. The licensee is technically qualified to engage in the activities authorized by this license in accordance with the Commissions regulations set forth in 10 CFR Chapter I; Enclosure 1

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.809 Page 5 of 31 F. The licensee has satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations; G. The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H. The issuance of this license is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied; and I. The possession of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commissions regulations in 10 CFR Parts 30, 40, and 70.

2. Accordingly, the license is amended by changes to paragraph 2.C(2) of Facility Operating License No. DPR-13, and is hereby amended to read as follows:

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, as revised through Amendment No. 168, are hereby incorporated in the license. Southern California Edison Company shall maintain the facility in accordance with the Technical Specifications.

3. This license amendment is effective as of the date of its issuance and shall be implemented within 60 days following SCEs submittal of a written certification to the NRC that all spent nuclear fuel assemblies have been transferred out of the spent fuel pools and placed in storage within the onsite ISFSI.

FOR THE NUCLEAR REGULATORY COMMISSION Bruce A. Watson, CHP, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Change to Facility Operating License No. DPR-13 Date of Issuance: November , 2017

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.810 Page 6 of 31 ATTACHMENT TO LICENSE AMENDMENT NO. 168 TO FACILITY OPERATING LICENSE NO. DPR-13 DOCKET NO. 50-206 Replace the following page of the Facility Operating License No. DPR-13 with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the area of change.

Facility Operating License No DPR-13 REMOVE INSERT 3 3

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.811 Page 7 of 31 chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in the Act and the applicable provisions of the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level The licensee is not authorized to operate the facility as a nuclear reactor.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, as revised through Amendment No. 168, are hereby incorporated in the license. Southern California Edison Company shall maintain the facility in accordance with the Technical.

Amendment No. 168

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.812 Page 8 of 31 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SOUTHERN CALIFORNIA EDISON COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY THE CITY OF RIVERSIDE, CALIFORNIA DOCKET NO. 50-361 SAN ONOFRE NUCLEAR GENERATING STATION, UNIT 2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 236 License No. NPF-10

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Southern California Edison Company, et al.

(SCE or the licensee), dated December 15, 2016, as supplemented by letter dated May 5, 2017, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, as supplemented, 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 Commissions regulations; 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, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 2

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.813 Page 9 of 31

2. Accordingly, the license is amended by changes to paragraph 2.C(2) of Facility Operating License No. NPF-10, and is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 236, are hereby incorporated in the license. Southern California Edison Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of the date of its issuance and shall be implemented within 60 days following SCEs submittal of a written certification to the NRC that all spent nuclear fuel assemblies have been transferred out of the spent fuel pools and placed in storage within the onsite ISFSI.

FOR THE NUCLEAR REGULATORY COMMISSION Bruce A. Watson, CHP, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Change to Facility Operating License No. NPF-10 Date of Issuance: November , 2017

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.814 Page 10 of 31 ATTACHMENT TO LICENSE AMENDMENT NO. 236 TO FACILITY OPERATING LICENSE NO. NPF-10 DOCKET NO. 50-361 Replace the following page of the Facility Operating License No. NPF-10 with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the area of change.

Facility Operating License No NPF-10 REMOVE INSERT 3 3

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.815 Page 11 of 31 (3) SCE, pursuant to the Act and 10 CFR Part 70, to possess at any time special nuclear material that was used as reactor fuel, in accordance with the limitations for storage, as described in the Final Safety Analysis Report, as supplemented and amended; (4) SCE, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material as sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; and possess any byproduct, source and special material as sealed neutron sources that was used for reactor startup; (5) SCE, pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) SCE, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of San Onofre Nuclear Generating Station, Units 1 and 2 and by the decommissioning of San Onofre Nuclear Generating Station Unit 1.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Deleted (2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 236, are hereby incorporated in the license.

Southern California Edison Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

Amendment No. 236

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.816 Page 12 of 31 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SOUTHERN CALIFORNIA EDISON COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY THE CITY OF RIVERSIDE, CALIFORNIA DOCKET NO. 50-362 SAN ONOFRE NUCLEAR GENERATING STATION, UNIT 3 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 229 License No. NPF-15

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Southern California Edison Company, et al.

(SCE or the licensee), dated December 15, 2016, as supplemented by letter dated May 5, 2017, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, as supplemented, 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 Commissions regulations; 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, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

Enclosure 3

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.817 Page 13 of 31

2. Accordingly, the license is amended by changes to paragraph 2.C(2) of Facility Operating License No. NPF-15, and is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 229, are hereby incorporated in the license. Southern California Edison Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of the date of its issuance and shall be implemented within 60 days following SCEs submittal of a written certification to the NRC that all spent nuclear fuel assemblies have been transferred out of the spent fuel pools and placed in storage within the onsite ISFSI.

FOR THE NUCLEAR REGULATORY COMMISSION Bruce A. Watson, CHP, Chief Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Attachment:

Change to Facility Operating License No. NPF-15 Date of Issuance: November , 2017

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.818 Page 14 of 31 ATTACHMENT TO LICENSE AMENDMENT NO. 229 TO FACILITY OPERATING LICENSE NO. NPF-15 DOCKET NO. 50-362 Replace the following page of the Facility Operating License No. NPF-15 with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the area of change.

Facility Operating License No. NPF-15 REMOVE INSERT 3 3

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.819 Page 15 of 31 (3) SCE, pursuant to the Act and 10 CFR Part 70, to possess at any time special nuclear material that was used as reactor fuel, in accordance with the limitations for storage, as described in the Final Safety Analysis Report, as supplemented and amended; (4) SCE, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material as sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; and possess any byproduct, source and special material as sealed neutron sources that was used for reactor startup; (5) SCE, pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (6) SCE, pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of San Onofre Nuclear Generating Station, Units 1 and 2 and by the decommissioning of San Onofre Nuclear Generating Station Unit 1.

C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Deleted (2) Technical Specifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 229, are hereby incorporated in the license.

Southern California Edison Company shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

Amendment No. 229

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.820 Page 16 of 31 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE RELATED TO AMENDMENT NO. 168 TO FACILITY OPERATING LICENSE NO. DPR-13 AND AMENDMENT NO. 236 TO FACILITY OPERATING LICENSE NO. NPF-10 AND AMENDMENT NO. 229 TO FACILITY OPERATING LICENSE NO. NPF-15 SOUTHERN CALIFORNIA EDISON COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY THE CITY OF RIVERSIDE, CALIFORNIA SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3 DOCKET NOS. 50-206, 50-361, AND 50-362

1.0 INTRODUCTION

The San Onofre Nuclear Generating Station (SONGS), Units 1, 2 and 3, are decommissioning nuclear power reactor units located in San Diego County, California, approximately 62 miles southeast of Los Angeles, and approximately 51 miles northwest of San Diego, on an 84 acre site located entirely within the Camp Pendleton Marine Corps Base. The licensee, Southern California Edison (SCE), is the holder of Facility Operating License Nos. DPR-13 (Unit 1),

NPF-10 (Unit 2) and NPF-15 (Unit 3), which were issued pursuant to the Atomic Energy Act of 1954, as amended, and Part 50, Domestic Licensing of Production and Utilization Facilities, of Title 10 of the Code of Federal Regulations (10 CFR).

SONGS, Unit 1, was granted its provisional operating license by the U.S. Nuclear Regulatory Commission (NRC) on January 1, 1968 (Reference 1), and ceased operation on November 30, 1992 (Reference 2). The licensee completed defueling on March 6, 1993 (Reference 3), and maintained the unit in SAFSTOR until June 1999, when it initiated active decommissioning and dismantlement, or DECON (Reference 4). On December 28, 1993 (Reference 5), the NRC approved the Permanently Defueled Technical Specifications for SONGS, Unit 1. SCE submitted the proposed Decommissioning Plan for SONGS, Unit 1, on November 3, 1994 (Reference 6). As a result of the 1996 revision to the regulations in 10 CFR 50.82, Termination of license, the NRC replaced the requirement for a decommissioning plan with a requirement for a Post Shutdown Decommissioning Activities Report (PSDAR). On August 28, 1996, the SONGS, Unit 1, Decommissioning Plan became the Enclosure 4

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.821 Page 17 of 31 SONGS 1 PSDAR (61 FR 67079; December 19, 1996). On December 15, 1998 (Reference 7),

SCE submitted an update to the PSDAR to the NRC, as required by 10 CFR 50.82(a)(7), in order to begin planning for the dismantlement and decommissioning of SONGS, Unit 1.

Dismantlement of SONGS, Unit 1, is essentially complete and most of the structures and equipment have been removed and sent to a nuclear waste disposal facility. All of the SONGS, Unit 1, fuel is being stored in the onsite independent spent fuel storage installation (ISFSI).

By letter dated June 12, 2013 (Reference 8), SCE submitted a certification to the NRC indicating its intention to permanently cease power operations at SONGS, Units 2 and 3, as of June 7, 2013, pursuant to 10 CFR 50.82(a)(1)(i). By letters dated June 28, 2013 (Reference 9),

and July 22, 2013 (Reference 10), SCE submitted certifications of permanent removal of fuel from the Unit 3 and Unit 2 reactor vessels as of October 5, 2012, and July 18, 2013, respectively, pursuant to 10 CFR 50.82(a)(1)(ii). Upon docketing of these certifications, and pursuant to 10 CFR 50.82(a)(2), the SONGS, Units 2 and 3, facility operating licenses no longer authorize operation of the reactors or emplacement or retention of fuel into the reactor vessels.

By application dated December 15, 2016 (Reference 11), as supplemented by letter dated May 5, 2017 (Reference 12), the licensee requested changes to the SONGS Permanently Defueled Emergency Plan (PDEP) pursuant to 10 CFR 50.54(q), Emergency plans. The proposed changes replace the SONGS PDEP and associated Emergency Action Level (EAL)

Bases Manual (hereafter referred to as the EAL scheme) with an ISFSI-Only Emergency Plan (IOEP) and associated EAL scheme. The NRC staff determined that the proposed SONGS IOEP and associated EAL changes continue to meet the standards in 10 CFR 50.47, Emergency plans, and the requirements in Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities, of 10 CFR Part 50, as exempted. As such, the SONGS IOEP and associated EAL changes provides reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency.

The proposed changes more fully reflect the decommissioning status of the facility, as well as the reduced scope of potential radiological accidents once all spent fuel has been moved to dry cask storage within the onsite ISFSI, an activity which is currently scheduled for completion in 2019. The supplement to the current application, dated May 5, 2017, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the Federal Register on February 14, 2017 (82 FR 10601).

2.0 REGULATORY EVALUATION

This safety evaluation assesses the acceptability of the proposed SONGS ISFSI-Only IOEP and associated EAL scheme. This plan would replace the current SONGS PDEP and associated EAL scheme after all of the SONGS, Units 2 and 3, spent fuel has been transferred from the spent fuel pools (SFPs) to the expanded onsite ISFSI. The regulatory requirements, as exempted by letter dated June 4, 2015 (Reference 13), and associated guidance on which the NRC based its acceptance and evaluation are as follows:

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.822 Page 18 of 31 2.1 NRC Regulations x 10 CFR 50.47(b)(1), as exempted, states, in part: ... each principal response organization has staff to respond and to augment its initial response on a continuous basis; x 10 CFR 50.47(b)(2) states, in part: ... adequate staffing to provide initial facility accident response in key functional areas is maintained at all times, timely augmentation of response capabilities is available ...;

x 10 CFR 50.47(b)(4), as exempted, states, in part: A standard emergency classification and action level scheme, the bases of which include facility system and effluent parameters, is in use by the nuclear facility licensee; x 10 CFR Part 50, Appendix E, Section IV.A, as exempted, states, in part: The organization for coping with radiological emergencies shall be described, including definition of authorities, responsibilities, and duties of individuals assigned to the licensees emergency organization; x 10 CFR Part 50, Appendix E, Section IV.C.1, as exempted, states, in part: The emergency classes defined shall include (1) notification of unusual events, (2) alert; x 10 CFR 72.32, Emergency Plan, Section (a)(3), states: A classification system for classifying accidents as Alerts; and x 10 CFR 72.32(a)(7) states, in part: A brief description of the responsibilities of licensee personnel should an accident occur.

2.2 Regulatory Guidance x Revision 1 to NUREG-0654/FEMA-REP-1, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (Reference 14), provides a common reference and guidance source for nuclear facility operators to develop radiological emergency response plans.

x Office of Nuclear Security and Incident Response / Division of Preparedness and Response (NSIR/DPR) Interim Staff Guidance (ISG) - 2, Emergency Planning Exemption Requests for Decommissioning Nuclear Power Plants (Reference 15),

provides guidance for the review of permanently defueled emergency plans for power reactor sites undergoing decommissioning.

x Office of Nuclear Materials Safety and Safeguards / Spent Fuel Project Office (NMSS/SFPO) ISG - 16, Emergency Planning (Reference 16), provides emergency plan review guidance applicable to facilities licensed pursuant to the regulatory requirements found at 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.823 Page 19 of 31 x Nuclear Energy Institute (NEI) document NEI 99-01, Revision 6, Development of Emergency Action Levels for Non-Passive Reactors (Reference 17), endorsed by the NRC in a letter dated March 28, 2013 (Reference 18), as generic (non-plant-specific)

EAL scheme development guidance.

3.0 TECHNICAL EVALUATION

The NRC staff has reviewed the licensees regulatory and technical analyses in support of its proposed emergency plan changes, as described in the application dated December 15, 2016, as supplemented by letter dated May 5, 2017. The technical evaluation is detailed below.

3.1 Background SONGS, Unit 1, has been permanently shutdown since November 30, 1992, and the final removal of fuel from its reactor vessel was completed on March 6, 1993. SONGS, Units 2 and 3, have been shutdown since January 2012, and SCE submitted certifications of permanent removal of fuel from the Unit 3 and Unit 2 reactor vessels as of October 5, 2012, and July 18, 2013, respectively. SONGS is authorized to possess and store irradiated nuclear fuel at the permanently shutdown and defueled SONGS facility. The spent fuel from SONGS, Unit 1, is stored in the onsite ISFSI and at the General Electric-Hitachi Nuclear Energy Americas, LLC, Morris Operation facility (Docket No. 72-01) located in Morris, Illinois. After the SONGS, Units 2 and 3, reactors were shutdown, all fuel assemblies were removed from the reactor vessels and placed in the SONGS SFPs.

By letter dated March 31, 2014 (Reference 19), as supplemented by letters dated September 9, 2014 (Reference 20), October 2, 2014 (Reference 21), October 7, 2014 (Reference 22), October 27, 2014 (Reference 23), November 3, 2014 (Reference 24), and December 15, 2014 (Reference 25), SCE requested exemptions for SONGS from (1) certain planning standards in 10 CFR 50.47(b) regarding onsite and offsite radiological emergency plans for nuclear power reactors; (2) certain requirements in 10 CFR 50.47(c)(2) that require establishment of plume exposure and ingestion pathway emergency planning zones for nuclear power reactors, and (3) certain requirements in 10 CFR Part 50, Appendix E, Section IV, regarding the content of emergency plans. The NRC approved the requested exemptions in a letter dated June 4, 2015 (Reference 13).

By letters dated June 5, 2015, the NRC issued Amendment No. 166 to Facility Operating License No. DPR-13, Amendment No. 228 to Facility Operating License No. NPF-10, and Amendment No. 221 to Facility Operating License No. NPF-15 for SONGS, Units 1, 2 and 3, respectively, and the ISFSI, for changes to the EAL scheme (Reference 26), and Amendment No. 167 to Facility Operating License No. DPR-13, Amendment No. 229 to Facility Operating License No. NPF-10, and Amendment No. 222 to Facility Operating License No. NPF-15 for SONGS, Units 1, 2, and 3, respectively, and the ISFSI, for changes to the emergency plan (Reference 27). The PDEP and EAL scheme were fully implemented on July 8, 2015 (Reference 28), in accordance with the above-referenced license amendments.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.824 Page 20 of 31 3.2 Proposed Changes In its application dated December 15, 2016 (Reference 11), as supplemented by letter dated May 5, 2017 (Reference 12), SCE requested that the NRC review and approve a proposed IOEP, including a proposed ISFSI-Only EAL scheme, that is based on NEI 99-01, Revision 6 (Reference 17). The proposed amendments would replace the existing SONGS PDEP and associated EAL scheme, which currently reflect spent fuel from SONGS, Units 1, 2, and 3, being stored in the SFPs and onsite ISFSI. The major changes that SCE is requesting are:

(1) removal of the various emergency actions related to the SFPs; (2) removal of non-ISFSI related emergency event types; (3) replacing the Shift Manager title with the ISFSI Shift Supervisor (ISS) title as the position that assumes the Emergency Directors responsibilities; and (4) a revision to the SONGS Emergency Response Organization (ERO).

The proposed changes modify the scope of onsite emergency preparedness requirements to reflect the reduced potential radiological accidents with all spent fuel in dry cask storage within the ISFSI. The off-normal events and accidents addressed in the SONGS IOEP are related to the dry storage of spent nuclear fuel at the ISFSI, and include only off-normal, accident, natural phenomena, and hypothetical events and consequences affecting the SONGS ISFSI.

Under the previous facility condition with spent fuel stored within the SONGS SFPs, the most severe postulated beyond-design-basis accident involved a highly unlikely sequence of events that cause a heat-up of the spent fuel, postulated to occur without heat transfer, such that the zircaloy fuel cladding reaches ignition temperature. While highly improbable, the resultant zircaloy fire could lead to the release of large quantities of fission products to the atmosphere.

However, after removal of the spent fuel from the SONGS SFPs, the age and configuration of spent fuel stored in dry cask storage precludes the possibility of such a zircaloy fire scenario.

After all the spent fuel is transferred to dry cask storage within the SONGS ISFSI, the number and severity of potential radiological accidents is significantly less than when spent fuel was stored in the SFPs. For these reasons, the potential radiological consequences of accidents possible at SONGS after all spent fuel is transferred to the ISFSI are further reduced.

There continues to be no need for formal offsite radiological emergency preparedness (REP) plans under 44 CFR Part 350 at SONGS because no design-basis accident or reasonably credible beyond-design-basis accident can result in radioactive releases that exceed the U.S. Environmental Protection Agency (EPA) Early Phase Protective Action Guides (PAGs)

(Reference 29) beyond the exclusion area boundary.

3.3 Evaluation The NRC staff reviewed the changes from the current SONGS PDEP to the proposed IOEP and ISFSI-Only EAL scheme, including the licensees evaluation of the changes, to verify that the proposed IOEP and EAL scheme continue to meet the standards contained in 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR Part 50, as exempted, applicable to the approved 10 CFR Part 50 emergency plan for the long-term defueled conditions at SONGS.

The NRC staff also performed a review to ensure that the proposed IOEP would be consistent with the requirements of 10 CFR 72.32 for an ISFSI not located on the site of an operating nuclear power reactor. Although the requirements of 10 CFR 72.32 do not apply to a 10 CFR

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.825 Page 21 of 31 Part 50 licensee, such as SONGS, the NRC uses these regulations as guidance to promote consistency between specifically licensed and generally licensed ISFSIs.

3.3.1 ISFSI EALs and Removal of SFP Initiating Conditions and EALs The initiating conditions (ICs) and EALs associated with the emergency classification levels in the current PDEP are based on Appendix C to NEI 99-01, Revision 6 (Reference 17), which addresses a nuclear power reactor that has permanently ceased operations and transferred spent fuel from the reactor vessel to the SFPs (permanently defueled). After all spent fuel has been removed from the SFPs and placed in dry cask storage within the ISFSI, the ICs and EALs in Appendix C to NEl 99-01 that are associated with the SFPs at a decommissioning facility are no longer required. Additionally, certain ICs and EALs whose primary function is not associated with the SFPs are no longer required when administrative controls are established to limit source term accumulation and the offsite consequences of uncontrolled effluent releases.

Examples of administrative controls for radiological source term accumulation limits and methods to control the accidental dispersal of the radiological source are:

x Limits on radioactive materials collected on filter media and resins (dose rate limit);

x Limits on surface or fixed contamination on work areas that may create airborne radioactive material (activity limits), and x Limiting dispersal mechanisms that may cause a fire (e.g., limits on combustible material loading, use of a fire watch to preclude fires, etc.) or placement of a berm around a radioactive liquid storage tank.

Other ICs proposed for deletion include those associated with the mitigative strategies contained in certain SCE license conditions, as well as response procedures for potential or actual aircraft attacks. These will be eliminated after all spent fuel is removed from the SFPs and stored in the onsite SONGS ISFSI. The ICs listed in Table 1 below are being deleted, either partially or in their entirety as indicated, from the PDEP and EAL scheme for SONGS.

The ICs being deleted are either associated only with SFP operation or are ICs for which administrative controls to limit possible effluent releases have been established.

Table 1: Initiating Conditions to be Deleted or Modified ALERT UNUSUAL EVENT PD-AA1 (all EALs) PD-AU1 (all EALs)

Release of gaseous or liquid radioactivity Release of gaseous or liquid radioactivity resulting in offsite dose greater than greater than 2 times the Offsite Dose 10 millirems (mrem) total effective dose Calculation Manual (ODCM) limit for 60 equivalent (TEDE) or 50 mrem committed minutes or longer.

dose equivalent (CDE).

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.826 Page 22 of 31 PD-AA2 (all EALs) PD-AU2 (all EALs)

UNPLANNED rise in plant radiation levels that UNPLANNED rise in plant radiation levels.

impedes plant access required to maintain spent fuel integrity.

PD-HA1* PD-SU1 (all EALs)

HOSTILE ACTION within the Vehicle Barrier UNPLANNED spent fuel pool temperature System (VBS) boundary or airborne attack rise.

threat within 30 minutes.

PD-HA1.2 PD-HU1.3 A validated notification from the NRC of an A validated notification from the NRC aircraft attack threat within 30 minutes of the providing information of an aircraft attack site. threat.

PD-HU2 (all EALs)**

Hazardous event affecting SAFETY SYSTEM equipment necessary for spent fuel cooling.

• Only the strike-through portion is being deleted.

• • For an ISFSI-only facility, the condition addressed by PD-HU2 remains fully addressed by IC EU1.1 (which is being retained in the SONGS emergency plan).

The currently existing SONGS ICs and EALs not listed in Table 1 are being retained. The EAL ICs being deleted include all ICs associated with the categories of abnormal radioactivity release and system malfunction. These two categories apply only to SFP operation. The EAL ICs being retained in the SONGS IOEP are appropriate to address the condition of an ISFSI-only facility (i.e., no fuel stored in the spent fuel pools).

The SONGS ICs and EALs to be retained are listed in Table 2, and include one new EAL being proposed in IC E-HU1, Damage to a loaded cask CONFINEMENT BOUNDARY, which bounds the deleted ICs. In addition, the new EAL E-HU1.2 provides threshold values for the AREVA ISFSI and the new HOLTEC ISFSI at SONGS, based on the generic AREVA and HOLTEC Technical Specification values provided in the respective Certificates of Compliance.

Table 2: Initiating Conditions to be Maintained or Added ALERT UNUSUAL EVENT Independent Spent Fuel Storage Installation (ISFSl)

PD-HA1 HOSTILE ACTION within the VBS PD-HU1 Confirmed SECURITY CONDITION boundary. or threat.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.827 Page 23 of 31 PD-HA1.1 A HOSTILE ACTION is occurring PD-HU1.1 A SECURITY CONDITION that or has occurred within the VBS boundary as does not involve a HOSTILE ACTION as reported by the SSS [Security Shift reported by the SSS.

Supervisor].

PD-HU1.2 Notification of a credible security threat directed at the site.

PD-HA3 Other conditions exist which in the PD-HU3 Other conditions exist which in the judgement of the ISS/ED [Emergency judgment of the ISS/ED warrant declaration Director] warrant declaration of an ALERT. of an UNUSUAL EVENT.

PD-HA3.1 Other conditions exist which in the PD-HU3.1 Other conditions exist which in the judgment of the ISS/ED indicate that events judgment of the ISS/ED indicate that events are in progress or have occurred which are in progress or have occurred which involve an actual or potential substantial indicate a potential degradation of the level of degradation of the level of safety of the ISFSI safety of the ISFSI or indicate a security or a security event that involves probable life threat to the ISFSI has been initiated. No threatening risk to site personnel or damage releases of radioactive material requiring to ISFSI equipment because of HOSTILE offsite response or monitoring are expected ACTION. Any releases are expected to be unless further degradation occurs.

limited to small fractions of the EPA Protective Action Guide exposure levels.

E-HU1 Damage to a loaded canister CONFINEMENT BOUNDARY.

E-HU1.1 Damage to a loaded Transnuclear canister CONFINEMENT BOUNDARY as indicated by dose rates greater than EITHER of the following:

 520 milliroentgen per hour (mR/hr)

(gamma) 3 feet from the surface at the top centerline.

 190 mR/hr (gamma) 3 feet from the surface of the neutron shield at the mid-height centerline.

E-HU1.2 Damage to a loaded Holtec canister CONFINEMENT BOUNDARY as indicated by dose rates greater than EITHER of the following:

 60 mR/hr (gamma + neutron) on the top of the closure lid of a VVM [Vertical Ventilated Module], measured in accordance with the EAL Technical Basis.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.828 Page 24 of 31

 7000 mR/hr (gamma + neutron) on the side of a TRANSFER CASK, measured in accordance with the EAL Technical Basis.

The most severe beyond-design-basis accident postulated for SONGS with spent fuel stored within the SFPs involved a highly unlikely sequence of events that cause heat-up of the spent fuel, postulated to occur without heat transfer, such that the zircaloy fuel cladding reaches ignition temperature. Because this limiting, beyond-design-basis scenario is no longer possible due to the transfer of spent fuel from the SFPs to dry cask storage in the onsite ISFSI, SCE assessed the following design-basis accidents associated with the performance of decommissioning activities with all irradiated fuel stored in the SONGS ISFSI: (1) cask drop accident (fuel related accident); (2) radioactive material handling accident (non-fuel related), and (3) accidents initiated by external events. For design-basis accident scenarios (1) and (2), the results of the assessment indicate that the projected radiological doses at the exclusion area boundary are less than the EPA PAGs. The effects of external events, such as fires, floods, wind (including tornados), earthquakes, lightning, and physical security breaches on the SONGS ISFSI that could affect the confinement boundary of the ISFSI remain unchanged from the effects that were considered under the existing PDEP.

As discussed in the June 4, 2015, exemption from certain emergency preparedness requirements (Reference 13), an analysis of the potential radiological impacts of a design-basis accident at SONGS in a permanently defueled condition indicated that any releases beyond the exclusion area boundary were below the EPA PAG exposure levels. The basis for these exemptions has not changed and remains in effect for the proposed emergency plan changes.

Because of the very low risk of consequences to public health and safety resulting from the postulated accidents related to the SONGS ISFSI, no potential emergencies are classified as higher than an Alert, in accordance with the requirements of 10 CFR Part 50, Appendix E, Section IV.C.1, as exempted. Classification of emergencies as no higher than an Alert also maintains consistency with the regulations in 10 CFR 72.32(a)(3), Classification of accidents.

Based on the NRC staffs review of the SONGS IOEP and associated EAL scheme, as described above, the NRC staff concludes that the planning standard of 10 CFR 50.47(b)(4), as exempted, pertaining to a standard emergency classification and action level scheme, is addressed in an acceptable manner in the SONGS IOEP, considering the permanently shutdown and defueled status of the facility, and the proposed transfer of all remaining spent fuel from the SONGS SFPs to the ISFSI by 2019.

3.3.2 SONGS Emergency Response Organization Revision The existing SONGS PDEP provides for two (2) ERO augmented positions - a Duty ERO Coordinator and a Radiation Control Coordinator. The proposed SONGS IOEP would replace these positions with a Resource Manager. The Resource Manager will assist in assessing the event and coordinating required resources, including public information interface. The Resource Manager will be in contact with the Emergency Director within two hours of classification of an Unusual Event or an Alert. The Resource Manager does not need to physically report to SONGS to perform their responsibilities. In addition, SCE proposes that, for

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.829 Page 25 of 31 a declared emergency involving radiological consequences (E-HU1), a minimum of one person trained in radiological monitoring and assessment will report to the SONGS ISFSI within four hours of the emergency declaration. Supplemental personnel shall report at the discretion of the Emergency Director and/or Resource Manager.

In its evaluation of the proposed changes to the SONGS ERO, the NRC staff considered the accident analyses referenced in the previous section related to the deletion of EALs, either partially or in their entirety, as indicated, as they relate to SFP operation. Specifically, the NRC staff considered the postulated accidents that could occur with all spent fuel moved into the SONGS ISFSI, which pose a very low risk to public health and safety. The staff notes that SCE also continues to commit to maintain the appropriate level of augmented response to an emergency, to include an event involving radiological consequences.

In the Statement of Considerations for the Final Rule for Emergency Planning Licensing Requirements for Independent Spent Fuel Storage Facilities and Monitored Retrievable Storage Facilities (MRS) (60 FR 32430; June 22, 1995), the Commission stated, in part:

For there to be a significant environmental impact resulting from an accident involving the dry storage of spent nuclear fuel, a significant amount of the radioactive material contained within a cask must escape its packaging and enter the biosphere. There are two primary factors that protect the public health and safety from this event. The first is the design requirements for the cask that are imposed by regulation.

These general design criteria place an upper bound on the energy a cask can absorb before the fuel is damaged. No credible dynamic events have been identified that could impart such significant amounts of energy to a storage cask after that cask is placed at the ISFSI.

Additionally, there is a second factor which does not rely upon the cask itself but considers the age of the spent fuel and the lack of dispersal mechanisms. There exists no significant dispersal mechanism for the radioactive material contained within a storage cask.

Based on the design limitations, the majority of spent fuel is cooled greater than 5 years. At this age, spent fuel has a heat generation rate that is too low to cause significant particulate dispersal in the unlikely event of a cask confinement boundary failure.

Although the SONGS spent fuel analysis has not been able to identify any design-basis accident that would result in a failure of the confinement barrier for the dry storage casks or the irradiated fuel itself, the SONGS IOEP nonetheless requires augmentation of one person trained in radiological monitoring and assessment, who will report to the station within four hours of the emergency declaration for an event involving radiological consequences.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.830 Page 26 of 31 The proposed SONGS IOEP also provides that additional personnel resources may be directed to report to the plant to provide support, as needed, to assess radiological conditions, support maintenance and repair activities, develop and implement corrective action plans, and assist with recovery actions. The supplemental personnel are available from SONGS staff and SCE, and can also be requested from various contractors.

Based on the NRC staffs review of the SONGS IOEP, as described above, the NRC staff concludes that the planning standard of 10 CFR 50.47(b)(2), pertaining to timely augmentation of response capabilities, is addressed in an acceptable manner in the SONGS IOEP, considering the permanently shutdown and defueled status of the facility, and the proposed transfer of all remaining spent fuel from the SFPs to the ISFSI by 2019.

3.3.3 Replacement of the Shift Manager Title with the ISFSI Shift Supervisor Title SCE revised Section 2.1, On-Shift Positions, in the SONGS IOEP to reassign the following Emergency Director responsibilities from the Shift Manager to the ISFSI Shift Supervisor:

x Event classification and emergency declaration; x Decision to notify offsite agencies; x Authorization for the use of EPA-400 emergency exposure controls (emergency worker dose limits that exceed 10 CFR Part 20 occupational exposure limits);

x Management of available station resources; x Initiation of assessment and mitigative / corrective actions; x Initiation of onsite protective actions; x Decision to call for offsite law enforcement, firefighting, or ambulance assistance; x Augmentation of the emergency response organization as deemed necessary; x Notification of SCE corporate officers and the SCE corporate communications department, and x Notification of offsite agencies (State and local government agencies, Marine Corps Base Camp Pendleton and the NRC).

The NRC staff evaluation verified that the retitled position of ISFSI Shift Supervisor is on-shift at the SONGS site 24-hours a day / 7 days a week, and also serves as the senior management position during off-hours. This position assumes overall command and control of event response as the Emergency Director, and is responsible for monitoring conditions and approving all onsite activities. The SONGS IOEP clearly identifies non-delegable responsibilities, along with other designated tasks, for the ISFSI Shift Supervisor. The NRC staff considers this retitling activity to be an administrative change that will not impact the timing or performance of existing emergency response duties.

Based on the NRC staffs review of the SONGS IOEP, as described above, the NRC staff concludes that the requirements of 10 CFR Part 50, Appendix E, Section IV.A, as exempted, pertaining to responsibilities and duties of individuals assigned to the licensees emergency organization, are addressed in a satisfactory manner, considering the permanently shutdown and defueled status of the facility, and the proposed transfer of all remaining spent fuel from the SONGS SFPs to the ISFSI by 2019.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.831 Page 27 of 31

4.0 ENVIRONMENTAL CONSIDERATION

The amendments include changes to requirements with respect to installation or use of a facility component located within the protected area and changes to recordkeeping, reporting, or administrative procedures or requirements. The NRC staff has determined that the amendments involve no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendments involve no significant hazards consideration, and there have been no public comment on such finding, which was published in the Federal Register on February 14, 2017 (82 FR 10601). Accordingly, the amendments meet the eligibility criteria for categorical exclusions set forth in 10 CFR 51.22(c)(9) and 10 CFR 51.22(c)(10)(ii).

Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendments.

5.0 STATE CONSULTATION

On November 5, 2017, the NRC staff notified the California State officials, Mr. Ira Schneider, Senior Health Physicist, Medical, Academic and Pharmacy Licensing, Radiologic Health Branch, California Department of Public Health; and Mr. Robert Weisenmiller, California State Liaison Officer, Commissioner, California Energy Commission, regarding the proposed change to approve the SONGS IOEP and associated EAL scheme to reflect the transfer of all spent fuel into dry cas storage at the onsite ISFSI. The California State officials responded on XXXXX XX, 2017, and XXXXX XX, 2017, with no comments.

6.0 CONCLUSION

Based on the its review of the proposed SONGS IOEP and associated EAL scheme, the NRC staff finds that the proposed changes continue to meet the standards in 10 CFR 50.47(b) and the requirements in Appendix E of 10 CFR Part 50, as exempted. The staff finds continued reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the SONGS facility. In addition, the NRC staff concludes that the SONGS IOEP will be consistent with the emergency planning requirements in 10 CFR Part 72 for an ISFSI not located on the site of an operating reactor. Therefore, the NRC staff concludes that the licensees proposed changes to the SONGS IOEP and associated EAL scheme in its letter dated December 15, 2016, as supplemented by letter dated May 5, 2017, are acceptable.

The NRC staff 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) there continues to be reasonable assurance that such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendments will not be inimical to the common defense and security or to the health and safety of the public.

7.0 REFERENCES

1. Letter from the U.S. Nuclear Regulatory Commission, Southern California Edison Company, et al, Docket No. 50-206, Issuance of Facility Operating License No.

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.832 Page 28 of 31 DPR-13, dated September 26, 1991 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13309A138).

2. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-206, Request for Exemption from Full Funding Requirements of 10 CFR 50.75(e)(1)(ii), San Onofre Nuclear Generating Station, Unit 1, dated November 30, 1992 (ADAMS Accession No. ML13319B040).

3. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-206, Certification of Permanently Defueled Status, San Onofre Nuclear Generating Station, Unit 1, dated March 8, 1993 (ADAMS Accession No. ML13319B055).

4. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-206, Post Shutdown Decommissioning Activities Report, San Onofre Nuclear Generating Station, Unit 1, dated December 15, 1998 (ADAMS Accession No. ML13319B111).

5. Letter from the U.S. Nuclear Regulatory Commission to Southern California Edison, Issuance of Amendment No. 155 for Facility Operating License No. DPR-13, San Onofre Nuclear Generating Station, Unit No. 1, Permanently Defueled Technical Specifications (TAC No. M86377), dated December 28, 1993 (ADAMS Accession No. ML13319B059).

6. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-206, Proposed Decommissioning Plan, San Onofre Nuclear Generating Station, Unit 1, dated November 3, 1994 (ADAMS Accession No. ML13319B073).

7. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-206, Post Shutdown Decommissioning Activities Report, San Onofre Nuclear Generating Station, Unit 1, dated December 15, 1998 (ADAMS Accession No. ML13184A353).

8. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-361 and 50-362, Certification of Permanent Cessation of Power Operations, San Onofre Nuclear Generating Station, Units 2 and 3, dated June 12, 2013 (ADAMS Accession No. ML131640201).

9. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-362, Permanent Removal of Fuel from the Reactor Vessel, San Onofre Nuclear Generating Station, Unit 3, dated June 28, 2013 (ADAMS Accession No. ML13183A391).

10. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket No. 50-361, Permanent Removal of Fuel from the Reactor Vessel, San Onofre Nuclear Generating Station, Unit 2, dated July 22, 2013 (ADAMS Accession No. ML13204A304).

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.833 Page 29 of 31

11. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-361, 50-362, and 50-206, Amendment Applications 226, 273, and 258, Independent Spent Fuel Storage Installation (ISFSI) Only Emergency Plan (IOEP) and ISFSl-Only Emergency Action Level Scheme (IOEAL), San Onofre Nuclear Generating Station, Units 1, 2, and 3, dated December 15, 2016 (ADAMS Accession No. ML16355A015).

12 Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-361, 50-362, and 50-206, Response to a Request for Additional Information Regarding the License Amendment Request to Change the Emergency Plan and Emergency Action level Scheme to Reflect an ISFSl-Only Configuration, San Onofre Nuclear Generating Station, Units 1, 2, and 3, dated May 5, 2017 (ADAMS Accession No. ML17160A324).

13. Letter from the U.S. Nuclear Regulatory Commission to Southern California Edison, San Onofre Nuclear Generating Station, Units 1, 2 and 3, and the Independent Spent Fuel Storage Installation - Exemptions From Certain Emergency Planning Requirements (TAC Nos. MF3835, MF3836, and MF3837), dated June 4, 2015 (ADAMS Accession No. ML15082A143).

14. U.S. Nuclear Regulatory Commission and Federal Emergency Management Agency, Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, NUREG-0654/FEMA-REP-1, Revision 1, dated November 1980 (ADAMS Accession No. ML040420012).

15. NSIR/DRP-ISG-2, Emergency Planning Exemption Requests for Decommissioning Nuclear Power Plants, dated May 11, 2015 (ADAMS Accession No. ML14106A057).

16. NMSS/SFST-ISG-16, Emergency Planning, dated June 14, 2000 (ADAMS Accession No. ML003724570).

17. NEI 99-01, Development of Emergency Action Levels for Non-Passive Reactors, Revision 6, dated November 2012 (ADAMS Accession No. ML12326A805).

18 Letter from the U.S. Nuclear Regulatory Commission to NEI, Technical Evaluation for the Endorsement of NEI 99-01, Revision 6, dated March 28, 2013 (ADAMS Accession No. ML12346A463).

19 Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Emergency Planning Exemption Request, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated March 31, 2014 (ADAMS Accession No. ML14092A332).

20 Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Response to Request for Additional Information Regarding Emergency Planning Exemption Request, San Onofre Nuclear

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.834 Page 30 of 31 Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated September 9, 2014 (ADAMS Accession No. ML14258A003).

21. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Response to Request for Additional Information Regarding Emergency Planning Exemption Request, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated October 2, 2014 (ADAMS Accession No. ML14280A265).

22. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Response to Request for Additional Information Regarding Emergency Planning Exemption Request, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated October 7, 2014 (ADAMS Accession No. ML14287A228).

23. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Response to Requests for Clarification of October 6, 2014, RAI Responses Concerning Emergency Planning Exemption Request, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated October 27, 2014 (ADAMS Accession No. ML14303A257).

24. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Response to Request for Additional Information Regarding Emergency Planning Exemption Request, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated November 3, 2014 (ADAMS Accession No. ML14309A195).

25 Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-041, Redacted Version of Response to Request for Additional Information, Proposed Exemptions from Certain Portions of 10 CFR 50.47 and Appendix E, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated December 15, 2014 (ADAMS Accession No. ML14351A078).

26. Letter from the U.S. Nuclear Regulatory Commission to Southern California Edison, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation - Issuance of Amendments Re: Changes to the Emergency Action Level Scheme (TAC Nos. MF3838, MF3839, and MF3840), dated June 5, 2015 (ADAMS Accession No. ML15105A349).

27. Letter from the U.S. Nuclear Regulatory Commission to Southern California Edison, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and Independent Spent Fuel Storage Installation - Issuance of Amendments Re: Changes to the Emergency Plan (TAC Nos. MF3841, MF3842, and MF3843), dated June 5, 2015 (ADAMS Accession No. ML15126A461).

Case 3:19-cv-01635-JM-MSB Document 1-24 Filed 08/29/19 PageID.835 Page 31 of 31

28. Letter from Southern California Edison to the U.S. Nuclear Regulatory Commission, Docket Nos. 50-206, 50-361, 50-362, and 72-41, Revisions 0 and 1 to the Permanently Defueled Emergency Plan and Revisions to the Emergency Plan Implementing Procedures, San Onofre Nuclear Generating Station, Units 1, 2, and 3, and the Independent Spent Fuel Storage Installation, dated July 8, 2015 (ADAMS Accession No. ML15191A391).

29. U.S. Environmental Protection Agency PAG Manual, Protective Action Guides and Planning Guidance for Radiological Incidents, dated January 2017 (ADAMS Accession No. ML17044A073).

Principal Contributor: Rick Kinard, NSIR Dated: November , 2017

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.642 Page 2 of 20

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-206, 50-361, and 50-362; NRC-2018-0004]

Southern California Edison Company San Onofre Nuclear Generating Station, Units 1, 2, and 3 AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from the requirement to maintain a specified level of onsite property damage insurance in response to an October 22, 2015, request from the Southern California Edison Company (the licensee). Specifically, the licensee requested that the San Onofre Nuclear Generating Station, Units 1, 2, and 3, be granted an exemption to permit the licensee to reduce its onsite property damage insurance from $1.06 billion to $50 million.

ADDRESSES: Please refer to Docket ID NRC-2018-0004 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

• Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0004. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.643 Page 3 of 20

• NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ADAMS Public Documents and then select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.

• NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Marlayna Vaaler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3178; e-mail: Marlayna.Vaaler@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background The San Onofre Nuclear Generating Station, Units 1, 2, and 3 (SONGS),

operated by the Southern California Edison Company (SCE) is located approximately 4 miles south of San Clemente, California. The SONGS, Unit 1, Docket No. 50-206, was a Westinghouse 456 megawatt electric (MWe) pressurized water reactor which was granted Facility Operating License No. DPR-13 on January 1, 1968 (ADAMS Accession 2

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.644 Page 4 of 20 No. ML13309A138), and ceased operation on November 30, 1992 (ADAMS Accession No. ML13319B040). The licensee completed defueling on March 6, 1993 (ADAMS Accession No. ML13319B055), and maintained the unit in SAFSTOR until June 1999, when it initiated decommissioning (ADAMS Accession No. ML13319B111). On December 28, 1993 (ADAMS Accession No. ML13319B059), the NRC approved the Permanently Defueled Technical Specifications for SONGS, Unit 1.

The SCE submitted the proposed Decommissioning Plan for SONGS, Unit 1, on November 3, 1994 (ADAMS Accession No. ML13319B073). As a result of the 1996 revision to the regulations in section 50.82 of title 10 of the Code of Federal Regulations (10 CFR), the NRC replaced the requirement for a decommissioning plan with a requirement for a Post Shutdown Decommissioning Activities Report (PSDAR). On August 28, 1996, the SONGS, Unit 1, Decommissioning Plan became the SONGS 1 PSDAR (61 FR 67079; December 19, 1996). On December 15, 1998 (ADAMS Accession No. ML13184A353), SCE submitted an update to the PSDAR to the NRC, as required by 10 CFR 50.82(a)(7), in order to begin planning for the dismantlement and decommissioning of SONGS, Unit 1.

The SONGS, Units 2 and 3, Docket Nos. 50-361 and 50-362, are Combustion Engineering 1127 MWe pressurized water reactors, which were granted Facility Operating Licenses NPF-10 on February 16, 1982, and NPF-15 on November 15, 1982, respectively. In June 2013, pursuant to 10 CFR 50.82(a)(1)(i), the licensee certified to the NRC that as of June 7, 2013, operations had ceased at SONGS, Units 2 and 3 (ADAMS Accession No. ML131640201). The licensee subsequently certified, pursuant to 10 CFR 50.82(a)(1)(ii), that all fuel had been removed from the reactor vessels of both units, and committed to maintaining the units in a permanently defueled status (ADAMS Accession Nos. ML13204A304 and ML13183A391 for Unit 2 and Unit 3, respectively).

3

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.645 Page 5 of 20 Therefore, pursuant to 10 CFR 50.82(a)(2), SCEs 10 CFR part 50 licenses no longer authorize operation of SONGS or emplacement or retention of fuel into the reactor vessels. The licensee is still authorized to possess and store irradiated nuclear fuel.

Irradiated fuel is currently being stored onsite in spent fuel pools (SFPs) and in dry casks at an Independent Spent Fuel Storage Installation (ISFSI).

The PSDAR for SONGS, Units 2 and 3, was submitted on September 23, 2014 (ADAMS Accession No. ML14272A121), and the associated public meeting was held on October 27, 2014, in Carlsbad, California (ADAMS Accession No. ML14352A063). The NRC confirmed its review of the SONGS, Units 2 and 3, PSDAR and addressed public comments in a letter dated August 20, 2015 (ADAMS Accession No. ML15204A383).

On July 17, 2015, the NRC approved the Permanently Defueled Technical Specifications for SONGS, Units 2 and 3 (ADAMS Accession No. ML15139A390).

II. Request/Action Pursuant to 10 CFR 50.12, Specific exemptions, SCE requested an exemption from 10 CFR 50.54(w)(1), by letter dated October 22, 2015 (ADAMS Accession No. ML15299A220). The exemption from the requirements of 10 CFR 50.54(w)(1) would permit the licensee to reduce the required level of onsite property damage insurance from

$1.06 billion to $50 million.

The regulation at 10 CFR 50.54(w)(1) requires each licensee to have and maintain onsite property damage insurance to stabilize and decontaminate the reactor and reactor site in the event of an accident. The onsite insurance coverage must be either $1.06 billion or whatever amount of insurance is generally available from private sources (whichever is less).

4

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.646 Page 6 of 20 The licensee states that the risk of an incident at a permanently shutdown and defueled reactor is much less than the risk from an operating power reactor. In addition, since reactor operation is no longer authorized at SONGS, there are no events that would require the stabilization of reactor conditions after an accident. Similarly, the risk of an accident that that would result in significant onsite contamination at SONGS is also much lower than the risk of such an event at operating reactors. Therefore, SCE is requesting an exemption from 10 CFR 50.54(w)(1) to reduce its onsite property damage insurance from $1.06 billion to $50 million, commensurate with the reduced risk of an incident at the permanently shutdown and defueled SONGS site.

III. Discussion Under 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) any of the special circumstances listed in 10 CFR 50.12(a)(2) are present.

The financial protection limits of 10 CFR 50.54(w)(1) were established after the Three Mile Island accident out of concern that licensees may be unable to financially cover onsite cleanup costs in the event of a major nuclear accident. The specified $1.06 billion coverage amount requirement was developed based on an analysis of an accident at a nuclear reactor operating at power, resulting in a large fission product release and requiring significant resource expenditures to stabilize the reactor and ultimately decontaminate and cleanup the site.

These cost estimates were developed based on the spectrum of postulated accidents for an operating nuclear reactor. Those costs were derived from the 5

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.647 Page 7 of 20 consequences of a release of radioactive material from the reactor. Although the risk of an accident at an operating reactor is very low, the consequences onsite and offsite can be significant. In an operating plant, the high temperature and pressure of the reactor coolant system (RCS), as well as the inventory of relatively short-lived radionuclides, contribute to both the risk and consequences of an accident. With the permanent cessation of reactor operations at SONGS and the permanent removal of the fuel from the reactor cores, such accidents are no longer possible. As a result, the reactors, RCS, and supporting systems no longer operate and have no function related to the storage of the irradiated fuel. Therefore, postulated accidents involving failure or malfunction of the reactors, RCS, or supporting systems are no longer applicable.

As described in the PSDAR, SONGS, Unit 1, is being returned to a condition suitable for unrestricted use. According to SCE, there are no structures, systems, or components (SSCs) classified as safety-related remaining at SONGS, Unit 1. Plant dismantlement is complete and nearly all of the SSCs have been shipped offsite for disposal. Only the spent fuel, reactor vessel, and the below-grade portions of some buildings remain onsite. The principal remaining decommissioning activities are soil remediation, compaction, and grading. This is to be completed in conjunction with the future decommissioning of the ISFSI subsequent to shipment offsite of the SONGS stored spent fuel.

The licensee also stated that decommissioning of SONGS, Units 2 and 3, has begun and the nuclear reactors and essentially all associated SSCs in the nuclear steam supply system and balance of plant that supported the generation of power have been retired in place and are being prepared for removal. The SSCs that remain operable are associated with the SFPs and the spent fuel building, are needed to meet other regulatory requirements, or are needed to support other site facilities (e.g., radioactive 6

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.648 Page 8 of 20 waste handling, ventilation and air conditioning, etc.). No remaining active SSCs are classified as safety-related.

During reactor decommissioning, the largest radiological risks are associated with the storage of spent fuel onsite. In its October 22, 2015, exemption request, SCE discusses both design-basis and beyond design-basis events involving irradiated fuel stored in the SFPs. The licensee determined that there are no possible design-basis events at SONGS that could result in an offsite radiological release exceeding the limits established by the U.S. Environmental Protection Agencys (EPA) early-phase Protective Action Guidelines (PAGs) of 1 rem (roentgen equivalent man) at the exclusion area boundary, as a way to demonstrate that any possible radiological releases would be minimal and not require precautionary protective actions (e.g., sheltering in place or evacuation). The staff evaluated the radiological consequences associated with various decommissioning activities, and design basis accidents at SONGS, in consideration of SONGSs permanently shut down and defueled status. The possible design-basis accident scenarios at SONGS have greatly reduced radiological consequences. Based on its review, the staff concluded that no reasonably conceivable design-basis accident exists that could cause an offsite release greater than the EPA PAGs.

The only incident that might lead to a significant radiological release at a decommissioning reactor is a zirconium fire. The zirconium fire scenario is a postulated, but highly unlikely, beyond design-basis accident scenario that involves loss of water inventory from the SFP, resulting in a significant heat-up of the spent fuel, and culminating in substantial zirconium cladding oxidation and fuel damage. The probability of a zirconium fire scenario is related to the decay heat of the irradiated fuel stored in the SFP. Therefore, the risks from a zirconium fire scenario continue to decrease as a function of the time that SONGS has been permanently shut down. The licensee 7

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.649 Page 9 of 20 provided a detailed analysis of hypothetical beyond-design-basis accidents that could result in a radiological release at SONGS in its March 31, 2014, submittal to the NRC (ADAMS Accession No. ML14092A332), as supplemented by letters dated September 9, October 2, October 7, October 27, November 3, and December 15, 2014 (ADAMS Accession Nos. ML14258A003, ML14280A265, ML14287A228, ML14303A257, ML14309A195, and ML14351A078, respectively). One of these beyond design-basis accidents involves a complete loss of SFP water inventory, where cooling of the spent fuel would be primarily accomplished by natural circulation of air through the uncovered spent fuel assemblies. The licensees analysis of this accident shows that by August 31, 2014, air-cooling of the spent fuel assemblies will be sufficient to keep the fuel within a safe temperature range indefinitely without fuel damage or offsite radiological release.

The Commission has previously authorized a lesser amount of onsite financial protection, based on this analysis of the zirconium fire risk. In SECY-96-256, Changes to Financial Protection Requirements for Permanently Shutdown Nuclear Power Reactors, 10 CFR 50.54(w)(1) and 10 CFR 140.11, dated December 17, 1996 (ADAMS Accession No. ML15062A483), the staff recommended changes to the power reactor financial protection regulations that would allow licensees to lower onsite insurance levels to $50 million upon demonstration that the fuel stored in the SFP can be air-cooled. In its Staff Requirements Memorandum to SECY-96-256, dated January 28, 1997 (ADAMS Accession No. ML15062A454), the Commission supported the staffs recommendation that, among other things, would allow permanently shutdown power reactor licensees to reduce commercial onsite property damage insurance coverage to

$50 million when the licensee was able to demonstrate the technical criterion that the spent fuel could be air-cooled if the spent fuel pool was drained of water. The staff has used this technical criterion to grant similar exemptions to other decommissioning 8

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.650 Page 10 of 20 reactors (e.g., Maine Yankee Atomic Power Station, published in the Federal Register on January 19, 1999 (64 FR 2920); and Zion Nuclear Power Station, published in the Federal Register on December 28, 1999 (64 FR 72700)). These prior exemptions were based on these licensees demonstrating that the SFP could be air-cooled, consistent with the technical criterion discussed above.

In SECY-00-0145, Integrated Rulemaking Plan for Nuclear Power Plant Decommissioning, dated June 28, 2000, and SECY-01-0100, Policy Issues Related to Safeguards, Insurance, and Emergency Preparedness Regulations at Decommissioning Nuclear Power Plants Storing Fuel in the Spent Fuel Pool, dated June 4, 2001 (ADAMS Accession Nos. ML003721626 and ML011450420, respectively), the NRC staff discussed additional information concerning SFP zirconium fire risks at decommissioning reactors and associated implications for onsite property damage insurance. Providing an analysis of when the spent fuel stored in the SFP is capable of air-cooling is one measure that can be used to demonstrate that the probability of a zirconium fire is exceedingly low. However, the staff has more recently used an additional analysis that bounds an incomplete drain down of the SFP water, or some other catastrophic event (such as a complete drainage of the SFP with rearrangement of spent fuel rack geometry and/or the addition of rubble to the SFP). The analysis postulates that decay heat transfer from the spent fuel via conduction, convection, or radiation would be impeded. This analysis is often referred to as an adiabatic heatup.

The licensees analyses referenced in its exemption request demonstrates that under conditions where the SFP water inventory has drained completely and only air-cooling of the stored irradiated fuel is available, there is reasonable assurance that after August 2014, the SONGS spent fuel will remain at temperatures far below those associated with a significant radiological release. However, a portion of the air-cooling 9

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.651 Page 11 of 20 analyses credits operation of the normal fuel building ventilation systems because the fuel building structures are robust and offer little potential for natural air exchange with the environment for cooling. Because the normal fuel building ventilation could become unavailable during an initiating event that would lead to complete SFP drainage (i.e., a seismic event), the NRC staff also relied upon the additional time that the fuel in the SONGS SFPs has had to cool since the plant was permanently shutdown in June 2013 during its evaluation of the licensees exemption request. As discussed in the staff response to a question in SECY-00-0145, the staff believes that full insurance coverage must be maintained for 5 years or until a licensee can show by analysis that its spent fuel pool is no longer vulnerable to such [a zirconium] fire.

Although the official certifications for permanent cessation of power operations and permanent removal of fuel from the reactor vessel were not submitted until June 2013, the staff notes that SONGS was in an extended outage to address steam generator issues, and neither SONGS, Units 2 nor 3, have produced power since January 2012. This additional storage time for the fuel in the SONGS SFPs has allowed it to cool for greater than the 5 years suggested in SECY-00-0145, which supports the conclusion that zirconium fire risks from the irradiated fuel stored in the SFPs is of negligible concern and exemption from the requested requirements is warranted.

In addition to the air-cooling scenario, the licensees adiabatic heat-up analyses demonstrate that as of October 12, 2014, there would be at least 17 hours1.967593e-4 days <br />0.00472 hours <br />2.810847e-5 weeks <br />6.4685e-6 months <br /> after the loss of all means of cooling (both air and/or water), before the spent fuel cladding would reach a temperature where the potential for a significant offsite radiological release could occur. The licensee states that for this loss of all cooling scenario, 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> is sufficient 10

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.652 Page 12 of 20 time for personnel to respond with additional resources, equipment, and capability to restore cooling to the SFPs, even after a non-credible, catastrophic event.

As provided in SCEs letters dated October 7 and December 15, 2014, the licensee furnished information concerning its makeup strategies, in the event of a loss of SFP coolant inventory. The multiple strategies for providing makeup to the SFPs include: using existing plant systems for inventory makeup; an internal strategy that relies on installed fire water pumps and service water or fire water storage tanks; or an external strategy that uses portable pumps to initiate makeup flow into the SFPs through a seismic standpipe and standard fire hoses routed to the SFPs or to a spray nozzle.

These strategies will be maintained by a license condition until such time as all fuel has been moved to dry storage in an onsite ISFSI. The licensee states that the equipment needed to perform these actions are located onsite, and that the external makeup strategy (using portable pumps) is capable of being deployed within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />. The licensee also stated that, considering the very low-probability of beyond design-basis accidents affecting the SFPs, these diverse strategies provide defense-in-depth and time to mitigate and prevent a zirconium fire, using makeup or spray into the SFPs before the onset of zirconium cladding rapid oxidation.

In the safety evaluation of the licensees request for exemptions from certain emergency planning requirements dated June 4, 2015 (ADAMS Accession No. ML15082A204), the NRC staff assessed the SCE accident analyses associated with the radiological risks from a zirconium fire at the permanently shutdown and defueled SONGS site. The NRC staff has confirmed that under conditions where cooling air flow can develop, suitably conservative calculations indicate that by the end of August 2014, the fuel would remain at temperatures where the cladding would be undamaged for an unlimited period. The staff also finds that the additional cooling time provided 11

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.653 Page 13 of 20 for the fuel between January 2012 and the issuance of this exemption provides reasonable assurance that zirconium fire risks from the irradiated fuel stored in the SFPs is of negligible concern. For the very unlikely beyond design-basis accident scenario, where the SFP coolant inventory is lost in such a manner that all methods of heat removal from the spent fuel are no longer available, there will be a minimum of 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> from the initiation of the accident until the cladding reaches a temperature where offsite radiological release might occur. The staff finds that 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> is sufficient time to support deployment of mitigation equipment, consistent with plant conditions, to prevent the zirconium cladding from reaching a point of rapid oxidation.

The staffs basis as to why it considers $50 million to be an adequate level of onsite property damage insurance for a decommissioning reactor, once the spent fuel in the SFP is no longer susceptible to a zirconium fire, is provided in SECY-96-256. The staff has postulated that there is still a potential for other radiological incidents at a decommissioning reactor that could result in significant onsite contamination besides a zirconium fire. In SECY-96-256, the NRC staff cited the rupture of a large (~450,000 gallon) liquid radioactive waste storage tank containing slightly radioactive water, causing soil contamination and potential groundwater contamination, as the most costly postulated event to decontaminate and remediate (other than a SFP zirconium fire). The postulated large liquid radwaste storage tank rupture event was determined to have a bounding onsite cleanup cost of approximately $50 million.

The NRC staff has determined that the licensees proposed reduction in onsite property damage insurance coverage to a level of $50 million is consistent with SECY-96-256 and subsequent insurance considerations, resulting from additional zirconium fire risks, as discussed in SECY-00-0145 and SECY-01-0100. In addition, the NRC staff notes that similar exemptions have been granted to other permanently shutdown and 12

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.654 Page 14 of 20 defueled power reactors, upon demonstration that the criterion of the zirconium fire risks from the irradiated fuel stored in the SFP is of negligible concern. As previously stated, the staff concluded that as of October 12, 2014, sufficient irradiated fuel decay time has elapsed at SONGS to decrease the probability of an onsite radiological release from a postulated zirconium fire accident to negligible levels. In addition, the licensees proposal to reduce onsite insurance to a level of $50 million is consistent with the maximum estimated cleanup costs for the recovery from the rupture of a large liquid radwaste storage tank. Finally, the staff notes that in accordance with the SONGS PSDAR, all spent fuel will be removed from the SFPs and moved into dry storage at an onsite independent spent fuel storage installation (ISFSI) by the end of 2019, and the probability of an initiating event that would threaten pool integrity occurring before that time is extremely low, which further supports the conclusion that the zirconium fire risk is negligible.

The Exemption is Authorized by Law In accordance with 10 CFR 50.12, the Commission may grant exemptions from the regulations in 10 CFR part 50 as the Commission determines are authorized by law.

The NRC staff has determined that granting the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, Section 170, as amended, other laws, or the Commissions regulations, which require licensees to maintain adequate financial protection. Therefore, the proposed exemption for SONGS from the onsite property damage insurance requirements of 10 CFR 50.54(w)(1) is authorized by law.

The Exemption Will Not Present an Undue Risk to Public Health and Safety The onsite property damage insurance requirements of 10 CFR 50.54(w)(1) were established to provide financial assurance that following a significant nuclear incident, 13

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.655 Page 15 of 20 onsite conditions could be stabilized and the site decontaminated. The requirements of 10 CFR 50.54(w)(1) and the existing level of onsite insurance coverage for SONGS are predicated on the assumption that the reactor is operating. However, SONGS is a permanently shutdown and defueled facility. The permanently defueled status of the facility has resulted in a significant reduction in the number and severity of potential accidents, and correspondingly, a significant reduction in the potential for and severity of onsite property damage. The proposed reduction in the amount of onsite insurance coverage does not impact the probability or consequences of potential accidents. The proposed level of insurance coverage is commensurate with the reduced risk and reduced cost consequences of potential nuclear accidents at SONGS. Therefore, the NRC staff concludes that granting the requested exemption will not present an undue risk to the health and safety of the public.

The Exemption is Consistent with the Common Defense and Security The proposed exemption would not eliminate any requirements associated with physical protection of the site and would not adversely affect SCEs ability to physically secure the site or protect special nuclear material. Physical security measures at SONGS are not affected by the requested exemption. Therefore, the proposed exemption is consistent with the common defense and security.

Special Circumstances Under 10 CFR 50.12(a)(2)(ii), special circumstances are present if the 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 underlying purpose of 10 CFR 50.54(w)(1) is to provide reasonable assurance that adequate funds will be available to stabilize conditions and cover onsite cleanup costs 14

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.656 Page 16 of 20 associated with site decontamination, following an accident that results in the release of a significant amount of radiological material. Because SONGS is permanently shut down and defueled, it is no longer possible for the radiological consequences of design-basis accidents or other credible events at SONGS to exceed the limits of the EPA PAGs at the exclusion area boundary. The licensee has performed site-specific analyses of highly unlikely, beyond-design-basis zirconium fire accidents involving the stored irradiated fuel in the SFPs. The analyses show that after October 12, 2014, the probabilities of such an accident are minimal. The NRC staffs evaluation of the licensees analyses confirm this conclusion.

The NRC staff also finds that the licensees proposed $50 million level of onsite insurance is consistent with the bounding cleanup and decontamination cost, as discussed in SECY-96-256, to account for hypothetical rupture of a large liquid radwaste tank at the SONGS site, should such an event occur. The staff notes that the SONGS technical specifications provide controls for unprotected outdoor liquid storage tanks to limit the quantity of radioactivity contained in these tanks, in the event of an uncontrolled release of the contents of these tanks. Therefore, the staff concludes that the application of the current requirements in 10 CFR 50.54(w)(1) to maintain $1.06 billion in onsite insurance coverage is not necessary to achieve the underlying purpose of the rule for the permanently shutdown and defueled SONGS reactors.

Under 10 CFR 50.12(a)(2)(iii), special circumstances are present whenever compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated. The NRC staff concludes that if the licensee was required to continue to maintain an onsite insurance level of $1.06 billion, the associated insurance premiums would be in excess of those necessary and 15

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.657 Page 17 of 20 commensurate with the radiological contamination risks posed by the SONGS site now that it has entered decommissioning. In addition, such insurance levels would be significantly in excess of other decommissioning reactor facilities that have been granted similar exemptions by the NRC.

The NRC staff finds that compliance with the existing rule would result in an undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted and are significantly in excess of those incurred by others similarly situated. Therefore, the special circumstances required by 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(iii) exist for the proposed exemption from the onsite property damage insurance requirements of 10 CFR 50.54(w)(1).

Environmental Considerations The NRC approval of an exemption to insurance or indemnity requirements belongs to a category of actions that the Commission, by rule or regulation, has declared to be a categorical exclusion, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environment.

Specifically, the exemption is categorically excluded from further analysis under 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(c)(25), the granting of an exemption from the requirements of any regulation in Chapter I of 10 CFR is a categorical exclusion 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 16

Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.658 Page 18 of 20 accidents; and (vi) the requirements from which an exemption is sought are among those identified in 10 CFR 51.22(c)(25)(vi).

The NRC staff has determined that approval of the exemption request involves no significant hazards consideration because reducing the licensees onsite property damage insurance at the decommissioning San Onofre Nuclear Generating Station, Units 1, 2, and 3, does not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The exempted financial protection regulation is unrelated to the operation of SONGS.

Accordingly, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite, and no significant increase in individual or cumulative public or occupational radiation exposure. The exempted regulation is not associated with construction, so there is no significant construction impact. The exempted regulation does not concern the source term (i.e., potential amount of radiation involved an accident) or accident mitigation; therefore, there is no significant increase in the potential for, or consequences from, a radiological accident.

In addition, there would be no significant impacts to biota, water resources, historic properties, cultural resources, or socioeconomic conditions in the region. The requirement for onsite property damage insurance may be viewed as involving surety, insurance, or indemnity matters in accordance with 10 CFR 51.22(c)(25)(vi).

Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

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Case 3:19-cv-01635-JM-MSB Document 1-22 Filed 08/29/19 PageID.659 Page 19 of 20 IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12(a),

the exemption from 10 CFR 50.54(w)(1) is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. In addition, special circumstances are present. Therefore, the Commission hereby grants SCE an exemption from the requirements of 10 CFR 50.54(w)(1), to permit the licensee to reduce its onsite property damage insurance to a level of $50 million.

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 5th day of January, 2018.

For the Nuclear Regulatory Commission.

/RA/

Gregory Suber, Deputy Division Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards.

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ML17355A023 OFFICE NMSS/RDB/PM NMSS/DUWP/LA NMSS/RDB/BC NMSS/DUWP/D CMcKenney for NAME MVaaler CHolston BWatson JTappert DATE 8/21/2017 8/2/2017 11/30/2017 12/29/2017

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