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Category:GRANTS OF EXEMPTION FROM & EXTENSION TO NRC REQUIREME
MONTHYEARML20199A3121998-01-20020 January 1998 Exemption from Requirements of 10CFR70.24 Re Criticality Monitors to Ensure That Personnel Would Be Alerted If Criticality Were to Occur During Handling of Snm.Exemption Granted 1998-01-20
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20204H9901999-03-24024 March 1999 Comment on Proposed Rule 10CFR50.54(a)(3) Re Changes to Quality Assurance Programs ML20206T9731998-05-27027 May 1998 Citizens Awareness Network'S Formal Request for Enforcement Action Against Vermont Yankee.* Requests That OL Be Suspended Until Facility Subjected to Independent Safety Analysis Review,Per 10CFR2.206 ML20247G8501998-04-0909 April 1998 Petition Demanding That Commission Issue Order Stating That Administrative Limits of TS 88 Re Torus Water Temp Shall Remain in Force Until Listed Conditions Met ML20217P5481998-04-0606 April 1998 Comment Supporting Proposed Rule 10CFR50 Re Proposed Changes to Industry Codes & Stds ML20199A3121998-01-20020 January 1998 Exemption from Requirements of 10CFR70.24 Re Criticality Monitors to Ensure That Personnel Would Be Alerted If Criticality Were to Occur During Handling of Snm.Exemption Granted ML20198L1791997-12-29029 December 1997 Final Director'S Decision DD-97-26 Pursuant to 10CFR2.206, Granting in Part Petitioners Request in That NRC Evaluated All of Issues Raised in Two Memoranda & Suppl Ltr Provided by Petitioner to See If Enforcement Action Warranted ML20217G7151997-10-0808 October 1997 Director'S Decision DD-97-25 Re J Block 961206 Petition Requesting Evaluation of 961205 Memo Re Info Presented by Licensee at 960723 Predecisional Enforcement Conference & 961206 Memo Re LERs Submitted at End of 1996.Grants Request ML20140C2511997-03-31031 March 1997 Comment Opposing Proposed Rule 10CFR170 & 171 Re Rev of Fee Schedules ML20134L5701996-12-0606 December 1996 Petition for Commission & EDO Evaluation of Encl Documents Pursuant to 10CFR2.206 to See If Enforcement Action Warranted Based Upon Info Contained Therein DD-93-23, Director'S Decision DD-93-23 Re M Daley & J M Block Requesting Per 10CFR2.206,that NRC Reconsider Civil Penalty Assessed Against Vynp for Operating Station Outside TS from 921015-930406.Request Denied1993-12-28028 December 1993 Director'S Decision DD-93-23 Re M Daley & J M Block Requesting Per 10CFR2.206,that NRC Reconsider Civil Penalty Assessed Against Vynp for Operating Station Outside TS from 921015-930406.Request Denied DD-93-19, Final Director'S Decision DD-93-19 Under 2.206.Denies Request That NRC Take Immediate EA to Require That Reactor at Plant Remain in Cold Shutdown Until Licensee Could Provide Proof That EDGs at Plant Meet Safety Function1993-12-14014 December 1993 Final Director'S Decision DD-93-19 Under 2.206.Denies Request That NRC Take Immediate EA to Require That Reactor at Plant Remain in Cold Shutdown Until Licensee Could Provide Proof That EDGs at Plant Meet Safety Function ML20057C1321993-09-16016 September 1993 Memorandum & Order (CLI-93-20).* Reverses Board Conclusion That NRC Staff Action Had Effect of Terminating Proceeding. W/Certificate of Svc.Served on 930916 ML20045H3741993-07-0909 July 1993 Comment Supporting Proposed Rule 10CFR55 Re Operators Licenses.Proposed Change Would Eliminate NRC Requirement to Conduct & Supervise Individual Operator Requalification Exams During Term of Opeerator 6-yr License ML20128P9821993-02-24024 February 1993 Affidavit of Rd Pollard Re New England Coalition on Nuclear Pollution Comments in Opposition to Proposed Finding of NSHC ML20128Q0101993-02-22022 February 1993 New England Coalition on Nuclear Pollution Request for Hearing on Proposed Amend to Vermont Yankee OL ML20128Q0041993-02-22022 February 1993 New England Coalition on Nuclear Pollution Comment in Opposition to Proposed Finding of NSHC BVY-91-106, Comments on NRC Proposed Amend to Policy Statement Re Cooperation W/States at Commercial Nuclear Power Plants. Consistent W/Mou,Util Established Position of State Liaison Engineer to Communicate W/State of VT1991-10-23023 October 1991 Comments on NRC Proposed Amend to Policy Statement Re Cooperation W/States at Commercial Nuclear Power Plants. Consistent W/Mou,Util Established Position of State Liaison Engineer to Communicate W/State of VT ML20085H8331991-10-23023 October 1991 Comment Supporting Proposed Rule 10CFR50 Re NRC Proposed Amend to Policy Statement Concerning Cooperation W/States at Commercial Nuclear Power Plants ML20082G8961991-08-0909 August 1991 Memorandum of State of Vermont Concerning Withdrawal of Contention.* Contentions Re Maint & Proferred late-filed Contention Re Qa.W/Certificate of Svc ML20082G9071991-07-30030 July 1991 Withdrawal of Contention & Intervention.* Withdraws Contention,Motion (Pending) for Admission of late-filed Contention & Intervention ML20066G9981991-02-0808 February 1991 Notice of Withdrawal of Appearance.* Requests Withdrawal of Jp Trout as Counsel for Applicant in Proceeding. W/Certificate of Svc ML20065U0421990-12-12012 December 1990 State of VT Reply to NRC Staff Response to Vermont Yankee Fifth Motion to Compel.* Motion Should Be Denied on Basis of NRC Misciting Cases.W/Certificate of Svc ML20062H6711990-11-0101 November 1990 NRC Staff Response to State of VT Motion to File Reply.* Staff Believes That Matter Should Be Resolved as Soon as Possible & Not Defer Resolution of Matter Until After Not Yet Scheduled Prehearing Conference.W/Certificate of Svc ML20065K4021990-10-29029 October 1990 Answer to State of VT Motion for Leave.* Unless State of VT Substantially Suppls,In Timely Manner,Prior Responses,Then Staff Citation to Stonewalling by Intervenors in Shoreham Proceeding Would Seem Well on Point.W/Certificate of Svc ML20065K3961990-10-29029 October 1990 Answer to State of VT Motion to Compel (Document Request Set 3).* Motion Should Be Denied.W/Certificate of Svc ML20062C2321990-10-22022 October 1990 Answer of Vermont Yankee Nuclear Power Corp to State of VT Motion to Compel (Interrogatories,Set 3).* Motion Should Be Denied.W/Supporting Info & Certificate of Svc ML20062C2371990-10-18018 October 1990 State of VT Motion for Leave to File Reply to NRC Staff Response to Vermont Yankee Motion to Compel.* Alternatively, State Requests That Licensee Motion Be Included for Oral Arqument in Prehearing Conference.W/Certificate of Svc ML20062C0221990-10-12012 October 1990 State of VT Motion to Compel Answers to Document Production Requests (Vermont Set 3).* W/Certificate of Svc ML20059N8671990-10-0404 October 1990 Motion to Compel Answers to Interrogatories (State of VT Set 3).* Requests That Board Enter Order Compelling Licensee to Give Proper Answers to Interrogatories.W/Certificate of Svc ML20059M6461990-10-0202 October 1990 NRC Staff Response to Licensee Motion to Compel Production of Documents.* Supports Licensee Motion Due to State of VT Objections Not Well Founded.Notices of Appearance & Withdrawals & Certificate of Svc Encl ML20059M5591990-09-27027 September 1990 State of VT Answer in Opposition to Vermont Yankee Nuclear Corp Fifth Motion to Compel & State of VT Application for Protective Order.* Protective Order Should Be Issued So State Need Not Suppl Responses.W/Certificate of Svc ML20059M5711990-09-26026 September 1990 Supplemental Response to Applicant Interrogatories by State of VT (Set 3).* W/Certificate of Svc.Related Correspondence ML20059M6301990-09-21021 September 1990 Transcript of 900921 Affirmation/Discussion & Vote Public Meeting Re Termination of Plant Proceedings & Motions on ALAB-919 & Amends to 10CFR40 in Rockville,Md.Pp 1-5 ML20059L8791990-09-21021 September 1990 Memorandum & Order.* Motion to Dismiss Proceeding Granted & Proceeding Terminated.W/Certificate of Svc.Served on 900921 ML20059M6221990-09-21021 September 1990 Notice.* Notifies That Encl Request for Clarification from Commission Will Be Reported in NRC Issuances. Certificate of Svc Encl.Served on 900924 ML20059L8721990-09-14014 September 1990 Responses of Vermont Yankee Nuclear Power Corp to Document Requests Propounded by State of VT (Set 3).* Util Objects to Request on Grounds That Request Not Relevant to Admitted Contention.W/Certificate of Svc.Related Correspondence ML20059L8241990-09-14014 September 1990 Answers of Vermont Yankee Nuclear Power Corp to Interrogatories Propounded by State of VT (Set 3).* Supporting Info Encl.Related Correspondence ML20059L7241990-09-12012 September 1990 Motion to Compel Production of Documents (Set 1).* State of VT Should Be Compelled to Produce,In Manner Requested,Documents Requested in Util Requests 1-15 ML20059L7431990-09-12012 September 1990 NRC Staff Response to State of VT Motion for Leave to File Reply.* Licensing Board Should Grant State Motion.W/ Certificate of Svc ML20059C4891990-08-28028 August 1990 Responses to Document Requests by State of VT to Vermont Yankee Nuclear Power Corp (Set 1).* Certificate of Svc Encl. Related Correspondence ML20059C5341990-08-27027 August 1990 Memorandum & Order (Motion to Compel Answers to Interrogatories,Set 3).* State of VT Need Not Answer Interrogatories 1,5,14 or 15 Presently But Obligated To,If Further Info Develops.Served on 900827.W/Certificate of Svc ML20059C5931990-08-23023 August 1990 State of VT Motion for Leave to File Reply to Vermont Yankee Nuclear Corp & NRC Staff Answers to State of VT late-filed Contention.* Requests Permission to File Written Reply to Filings of Util & Nrc.W/Certificate of Svc ML20059C5471990-08-22022 August 1990 Stipulation Enlarging Time.* Parties Stipulate That Time within Which Licensee May Respond to State of VT Third Interrogatories & Requests for Production of Documents Enlarged to 900910.W/Certificate of Svc ML20059A8641990-08-17017 August 1990 State of VT Answer in Opposition to Vermont Yankee Nuclear Power Corp Fourth Motion to Compel & State of VT Application for Protective Order.* Board Should Deny Util Motion to Compel & Issue Protective Order.W/Certificate of Svc ML20059A9151990-08-13013 August 1990 NRC Staff Response to Motion to Amend State of VT Suppl to Petition to Intervene & Accept & Admit Addl late-filed Contention.* Licensing Board Should Reject Proposed Contention X.W/Certificate of Svc ML20059A9491990-08-13013 August 1990 Notice of Postponement of Prehearing Conference.* Conference Scheduled for 900821 & 22 in Brattleboro,Vt Postponed to Date to Be Determined Later.Certificate of Svc Encl.Served on 900814 ML20059A9031990-08-13013 August 1990 Responses to Interrogatories by State of VT to Vermont Yankee Nuclear Power Corp (Set 5).* Related Correspondence. W/Certificate of Svc ML20056B2221990-08-0808 August 1990 Answer of Vermont Yankee to State of VT Motion for Leave to Submit late-filed Contention.* Motion of State of VT for late-filed Contention Should Be Denied.W/Certificate of Svc ML20056B2141990-08-0606 August 1990 Supplemental Responses to Applicant Interrogatories by State of VT (Set 2).* Clarification Re Scope of Term Surveillance Program as Used in Contention 7 Provided.W/Certificate of Svc.Related Correspondence 1999-06-15
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7590-01 P UNITED STATES OF AMERICA 11UCLEAR REGULATORY COMMISSION In the Matter of )
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VERMONT YANKEE NUCLEAR ) Docket No. 50-271 POWER CORPORATION )
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Vermont Yankee Nuclear )
Power Station )
EXEMPTION l.
The Vermont Yankee Nuclear Power Corporation (tne licensee) is the holder of Facility Operatl. g License No. DPR 28, which authorizes operation of the Vermont Yr.nkee Nuclear Power Station. The license provides, among other things, that the licensee is subject to all rules, regulations, and orders of the Nudear Regulatory Commission (the Commission) now or hereafter in effect. The facility consists of a single-unit boiling-water reactor located at the licensee's site in Windham County, Vermont.
II.
Section 70.24 of Title 10 of the CODE OF FEDERAL REGULATIONS (1G CFR 70.24),
" Criticality Accident Requirements," requires that each licensee authorized to possess special nuclear material (SNM) shall maintain a criticality accident monitoring system in each area where such material is handled, used, or stored. Subsections (a)(1) and (a)(2) of 10 CFR 70.24 specify detection and sensitivity requirements that these monitors must meet. Subsection (a)(1) also specifies that all areas subject to criticality accident monitoring must be covered by 9001270179 900120 PDR ADOCK 05000271 P PDR
1 ** ,
2 two detectors. Subsection (a)(3) of 10 CFR 70.24 requires licensees to maintain emergency procedures for each area in which this licensed SNM is handled, used, or stored and also requires that (1) the procedures e,1sure that all personne! withdraw to an area of safety upon the sc=: ding of a criticality accident monitor alarm, (2) the procedures must include drills to familiarize personnol with the evacuation plan, and (3) the procedures designate responsible individuals for determining the cause of the alarm and placement of radiation survey instruments in accessible locations for use in such an emergency. Subsection (b)(1) of 10 CFR 70.24 requires licensees to have a means for identifying quickly personnel who nave received a dose of 10 rads or more. Subsection (b)(2) of 10 CFR 70.24 requires licensees to maintain personnel decontamination facilities, to maintain arrangements for the services of a physician and other medical personnel qualified to handle radiation emergencies, and to maintain arrangemente for the transportation of contaminated individuals to treatment facilities outside the site boundary. Paragraph (c) of 10 CFR 70.24 exempts Part 50 licensees from the requirements of paragraph (b) of 10 CFR 70.24 for SNM used or to be used in the reactor, Paragraph (d) of 10 CFR 70.24 states that any licensee who believes that there is good cause why he or she should be granted an exemption from all or part of 10 rFR 70.24 may apply to the Commission for such an exemption and shall specify the retaons for the relief requested.
Ill.
The SNM that could be assembled into a critical mass at Vermont Yankee is in the form of nuclear fuel; the quantity of SNM other than fuel that is stored on site in any given location is small enough to precicde achieving a critical mass. The Commission's technical staff has evaluated the possibility of an inadvertent criticality of the nuclear fuel at Vermont Yankee and has determined that it is extremely unlikely for such an accident to occur if the licensee meets
. the following seven crite.ia:
- 1. Only three new fuel assemblies are allowed out of a shipping cask or storage rack at one time.
- 2. The k-effective does not exceed 0.95, at a 95% probability,95% confidence level, in tho event that the fresh fuel storage racks are filled with fuel of the maximum permissible U-235 enrichment and flooded with pure water.
- 3. If optimum moderation occurs at low moderator der.sity, then the k-effective does not exceed 0.98, at a 95% probahility,95% confidence level, in the event that the fresh fuel storage racks are filled with fuel of the maximum permissible U-235 enrichment and flooded with a moderator at the density corresponding to optimum moderation.
- 4. The k-effective does not exceed 0.95, at a 95% probability,95% confidence level, in the event that the spent fuel storage racks are filled with fuel of the maximum permissible U-235 enrichment and flooded with pure water.
- 5. The quantity of forms of SNM other than nuclear fuel, that is stored on site in any given area % less than the quantity necessary for a critical mass.
- 6. Radiation monitors, as required by General Design Criterion (GDC) 63. are provided in fuel storage and handling areas to detect excessive radiation levels and to initiate appropriate safety actions.
- 7. The maximum nominal U-235 enrichment is limited to 5.0 weight percent.
By letter dated December 16,1997, the licensee requested an exemption from 10 CFR 70.24. The licensee's letter dated January 13,1998, provided additionalinformation supporting the exemption. In the submittals, the licensee addressed criteria 1,2,4,5,6, and 7. Criterion 3 is satisfied because the licensee's submittal dated January 13,1998, states that the cycle 20 fuel will be channeled and stored in the spent fuel storage pool until it is loaded in the core and
1 e *.
4 that the licensee has no plans to store new fuel in the new fuel storage vault. The Commission's technical staff has reviewed the licensee's submittals and has determined that Vermont Yankee meets the criteria for prevention of inadvertent criticaiity; therefore, the staff has determined that it is extremely unlikely for an inadvertent criticality to occur in SNM handling or storage arcas at Vermont Yankee.
The purpose of the criticality monitors required by 10 CFR 70.24 is to ensme that if a criticality were to occur during the handiing of SNM, personnel would be alerted to that fact and would take appropriate action. The staff has determined that it is extremely unlikely that such an accident could occur; furthermore, the licensee has radiation monitors that meet GDC 63 in fuel storage and handling areas. These monitors will alert personnel to excessive radiation levels and allow them to initiate appropriate safety actions. The low probability of an inadvertent criticality, together with the licensee's adherence to GDC 63, constitutes good cause for granting an exemption to the requirements of 10 CFR 70.24.
IV.
The Commission has determined that pursuant to 10 CFR 70.14, this exemption is authorized by law, will not endanger life or property or the common defense and security, and is othenAlse in the public interest. Therefore, the Commission hereby grants the Vermont Yankee Nuclear Power Corporation an exemption from the requirements of 10 CFR 70.24.
t
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c 5-Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will have no significant, impact on the human environment (63 FR 2425).
This exemption is effective upon issuance.
FOR THE NUCLEAR REGULATORY COMMISSION Onghalcignedby Cam'JolJ.Comns Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 20tiday of 4an.1998 DOCUMENT NAME: G:UABBOUR\KNJex.109
- PREVIOUS CONCURRENCE To receive a copy of this document, Indicate in the box. "C" = Copy without attachment / enclosure "E" =
Copy with attachment / enclosure "N" = No copy 0FFICE PDI 3/PM f 16 PDI-3/LA 0 D A l 8; l PDI 3/PD(A),cy 8 l TECH ED.* BC/SRX8' [_
NAME KJabbour iftJA TClarku '}'hC / REston l# dVF BCalure TCottins NAME ANogdon BBoger P RZ f nperman _ h {b I) Coll'fis l m/
DATE 1/12/98 1/ /6 /98 1/// /98 (d"T. h F/2D/98 LAW OFFICIAL afCORD COPY
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6-DISTRIBUTION:
_ Docket File
_ PUBLIC PD l-3 Rdg.
B. Boger R. Eaton -
M. Boyle T. Clark K. Jabbour OGC G. Hill (2 cys.)
ACRS B. McCabe '
C. Hehl, RI 1
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