ML20199E905

Submits Revised Request for Exemption from Certain Requirements of 10CFR73 Re Physical Protection of Plants & Matls

ML20199E905
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	01/12/1999
From:	Powers K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 9901210124
Download: ML20199E905 (6)

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A CMS Energy Company Big Rock Point Nuclear Plant M!.W 10269 IS 31 Itsth Site General Manager Charlewoix. MI 49720 January 12. 1999 i

Nuclear Regulatory Commission Document Control Desk i

Washington. DC 20555 - 0001 i

DOCKET 50 155 LICENSE DPR 6 - BIG ROCK POINT PLANT - REQUEST FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, PHYSICAL PROTECTION OF PLANTS AND MATERIALS (Revision 1).

The purpose of this letter is to revise the previous exemption request submitted November 12. 1998.

The Big Rock Point staff was advised by the NRC Project Manager that the previous exemption request! incorrectly made reference

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to 10 CFR Part 50.12. Specific Exemptions. The correct reference is 10 CFR Part 73.5. Specific Exemptions.

This letter replaces the previously submitted cover letter and Attachment 1. Request for Exemption From Certain Requirements of 10 CFR Part 73. Physical Protection of Plants and Materials - Overview.

No changes are necessary to Attachment 2. Request for Exemption From Certain Requirements of 10 CFR Part 73. Physical Protection of Plants and Materials, as previously submitted.

Consumers Energy Company notified the Nuclear Regulatory Commission (NRC) by letters dated June 18. and June 26, 1997, of its intentions to permanently cease operations of the Big Rock Point Nuclear Plant by August 30, 1997. On August 29. 1997, the plant was shutdown as certified. On September 22. 1997, a letter pursuant to 10 CFR Part 50.82(a)(1)(ii) was forwarded to the

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Commission, certifying that the fuel has been removed from the reactor vessel l) and placed in the spent fuel pool for storage. In accordance with 10 CFR 50.82(a)(2) upon docketing of the certifications f:;r permanent cessation of operations and permanent removal of fuel from the reactor vessel, the 10 CFR l

Part 50 license no longer authorizes operation of the reactor or emplacement

[1 or retention of fuel into the reactor vessel.

i As a result of the permanent shutdown and defueled status of the Big Rock j

Point facility. Consumers Energy Company has concluded that certain aspects of the security plan can be discontinued. With more than 400 days of radiological and heat decay since the plant was shut down on August 29. 1997.

thepotentialsourcetermofgaseousandvolatileradionuclidesassoc f

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7, with the remaining design-basis accidents and radiological sabotage has

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y decreased substantially. The following, ten (10) exemptions from 10 CFR Part ADOCK05000155[

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73 in accordance the requirements of 10.CFR Part 73.5, are requested to allow the implemeptation of a revised Defueled Security _ Plan that is appropriate for j

the permanently shutdown and defueled reactor facility:

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(1) eliminate need for licensed operator to suspend safeguards (2) eliminate all vital are'.s (3) eliminate 0.2 foot candle requirement inside the protected area (4) eliminate requirement for control room to be bullet resistant (5) eliminate requirement to park designated vehicle inside the protected area (6) extend time between audits (from 12 to 24 months).(7) eliminate secondary alarm station and backup power for non l

portable communication equipment (8) reduce the number of armed guards l

(9) temporarily block interior isolation zone, and (10) terminate the i

use of shotguns.

Attachment.I. Request for Exemption from Certain Requirements of 10 CFR Part

73. Physical Protection.of Plants and Materials - Overview, provides general information related to the request that is not considered by the Big Rock Point staff to be safeguards information. Attachment II Request for Exemption from Certain Requirements of 10 CFR Part 73. Physical Protection of Plants and Materials, contains SAFEGUARDS INFORMATION as specified in 10 CFR j

Part 73.21. and shall be protected against unauthorized disclosure.

Therefore, when separated from Attachment II this letter may be decontrolled.

Please forward any questions concerning this submittal to Michael D Bourassa, j

' Licensing Supervisor. Big Rock Point Plant Restoration Project.

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W Kenneth P Powers

-Site General Manager l

CC: Administrator. Region III. USNRC Reactor Decommissioning Inspector - Big Rock Point NRR Project Manager - OWFN i

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ATTACHMENT 1 CONSUMERS ENERGY COMPA' Y A

BIG ROCK POINT PLM r DOCKET 50-155 i

REQUEST FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73, PHYSICAL PROTECTION OF PLANTS AND MATERIALS Overview

I. Recuest for Exemotion l

l Consumers En'ergy Company notified the Nuclear Regulatory Commission (NRC) by

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i letters dated June 18. and June 26, 1997, of its intentions to permanently cease operations of the Big Rock Point Nuclear Plant by August 30. 1997. On A'ugust 29, 1997, the plant was shutdown as certified. On September 22, 1997, a I

letter pursuant to 10 CFR 50.82(a)(1)(ii) was forwarded to the Commission, certifying that the fuel has been removed from the reactor vessel and placed in the spent fuel pool for storage. In accordance with 10 CFR 50.82(a)(2),

upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel. the 10 CFR 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.

i As a result of the permanent shutdown and defueled status of the Big Rock Point facility. Consumers Energy Company has concluded that certain aspects of the security plan can be discontinued. The following ten (10) exemptions from 10 CFR 73. in accordance with the requirements of 10 CFR Part 73.5 are requested to allow the implementation of a revised Defueled Security Plan that I

is appropriate for the permanently shutdown and defueled reactor facility:

(1) eliminate need for licensed operator to suspend safeguards (2) eliminate all vital areas (3) eliminate 0.2 foot candle requirement inside the protected area (4) eliminate requirement for control room to be bullet resistant (5) eliminate requirement to park designated vehicle inside the protected area (6) extend time between audits (from 12 to 24 months)

(7) eliminate secondary i

alarm station and backup power for non portable communication equipment (8)

I reduce the number of armed guards (9) temporarily block interior isolation zone, and (10) terminate the use of shotguns.

II. Justification for Grantina the Exemotion The specific requirements for granting exemptions from Part 73 regulations are set forth in 10 CFR 73.5. Specific Exemptions. Under this section, the Commission may, upon application of any interested person or upon its own initiative. grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest. The following justification addresses those circumstances and demonstrates that the Commission could grant the requested exemption.

The underlying purpose of 10 CFR Part 73 as stated in 10 CFR 73.1(a) and 73.20 is (1) to provide high assurance that activities involving special nuclear material are not contrary to the common defense and security, and do not constitute an unreasonable risk to the public health and safety, and (2) establish and maintain a physical protection system which has the capability to protect special nuclear material against theft and acts of radiological sabotage. With more than 400 days of radiological and heat decay since the plant was shut down on August 29. 1997, the potential source term of gaseous

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and volatile radionuclides associated with the remaining design-basis accidents a,nd radiological sabotage has decreased to the point that offsite doses exceeding the U.S. Environmental Protection Agency (EPA) Protective Action' Guidelines and 10 CFR Part 100 Release Limits is not credible.

Based on the, analyses that support this conclusion, the Commission recently approved 6 " Request From Certain Requirements of 10 CFR Part 50.54(q) Regarding Offsite Emergency Planning Activities at Big Rock Point and Approval of Defueled Emergency Plan ~ dated September 30, 1998.

The approval allows Big Rock Point to discontinue offsite emergency planning activites and reduce the scope of onsite emergency planning as a result of its permenently shutdown and defueled status.

The Commission also notified the Federal Emergency Management Agency (FEMA) by letter dated September 30. 1998. that the NRC no longer requires FEMA to monitor, review, or report on offsite radiological emergency planning and preparedness activities at Big Rock Point.

Issuing the requested exemptions will allow the Defueled Security Plan to be appropriately revised to provide reasonable assurance that special nuclear material located in a defueled facility will be adequately protected, satisfying the underlying i

purpose of the rule.

Therefore, full compliance with Part 73 for the permanently defueled plant is not essential to serve the underlying purpose of the rule.

Thus, granting the proposed exemption will not endanger life or

' property or the common defense and security.

The costs associated with security activities at nuclear facilities should be commensurate with the risk. Since the offsite radiological risk associated with the plant has been significantly reduced as previously discussed, requiring full compliance with the applicable regulations would result in costs that do not provide any additional benefit.

Consumers Energy Company is responsible for ensuring that adequate funds are av;ilable to complete the decommissioning of the facility.

Full compliance with certain requirements of 10 CFR 73 that are clearly meant for operating reactor facilities would result i

in undue financial and administrative hardship for Big Rock Point. Consumers Energy, stockholders and ratepayers. Granting the proposed exemption is in the public interest.

III. Conclusion Based on the discussion presented above. Consumers Energy Company has concluded that the requested exemption from portions of 10 CFR 73 is justified.

The Big Rock Point staff believes that the Commission will find that it is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. This exemption satisfies the requirements of 10 CFR 73.5 in that imposing requirements to maintain security requirements commensurate with an operating reactor facility is no longer necessary to achieve the underlying purpose of the rule because the facility has ceased operation, and radiological risk to the public has been significantly reduced.

IV. Environmental Imoact Given that the consequences of an act of sabotage resulting in the release of radioactive material contained in spent fuel at a the Big Rock Point Restoration Project has been significantly reduced, an exemption from certain requirements of 10 CFR 73 should be acceptable to the Commission. The proposed change will not increase the probability or consequences of accidents, no changes are being made in the types or quantity of radioactive or non-radioactive effluents, and there is no significant increase in the allowable individual or cumulative occupational exposure. Therefore, the proposed exemption will not have a significant impact on the environment.

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