NRC-13-0022, Applicability of the Emergency Preparedness Final Rule

Applicability of the Emergency Preparedness Final Rule

ML13119A105
Person / Time
Site:	Fermi
Issue date:	04/26/2013
From:	Conner J DTE Energy
To:	NRC/FSME, Document Control Desk
References
NRC-13-0022
Download: ML13119A105 (3)

Text

I Todd Coner Site Vice President DTE Energy Company 6400 N. Dixie Highway, Newport, MI 48166 Tel: 734.586.4849 Fax: 734.586.5295 Email: connerj@dteenergy.com DTE Energy-April 26, 2013 NRC-13-0022 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington D C 20555-0001

References:

1) Enrico Fermi Atomic Power Plant, Unit No. 1 NRC Docket No. 50-16 NRC License No. DPR-9

2) NRC Letter to DTE Energy, "Applicability of the Emergency Preparedness Final Rule to Fermi Unit 1 Decommissioning or Decommissioned Site," dated March 19, 2013

3) Federal Register 72560-72600, Volume 76, No. 226, "Enhancements to Emergency Preparedness Regulations," dated November 23, 2011

4) Detroit Edison letter to NRC, "Detroit Edison Position on Applicability of Specific 10CFR50 Requirements to Fermi 1 Due to the Decommissioning Rule," NRC-96-0132, dated November 26, 1996

5) NRC Letter to Detroit Edison, "Applicability of Specific 10 CFR Requirements to Enrico Fermi Atomic Power Plant, Unit 1 Due to the Decommissioning Rule," dated June 25, 1997

6) Detroit Edison letter, "Proposed License Amendment - To Allow Possession of Contaminated Apparatus and Sources," NRC-98-0023, dated January 28, 1998

USNRC NRC-13-0022 Page 2

7) NRC Letter to Detroit Edison, "Issuance of Amendment No. 12 for the Enrico Fermi Atomic Power Plant, Unit 1 - To Allow Possession of Contaminated Apparatus and Sources (TAC No. L51637)," dated June 22, 1998

Subject:

Applicability of the Emergency Preparedness Final Rule to Fermi Unit 1 This letter documents DTE Electric Company's (DTE) [previously, The Detroit Edison Company] position regarding the applicability of the Emergency Preparedness (EP) requirements to the Fermi 1 facility. This position is provided in response to the requested actions in Reference 2.

Fermi 1 is a permanently shutdown experimental sodium cooled breeder reactor, which last operated in 1972. It is in the SAFSTOR status and its possession-only license expires in 2025. The majority of residual radioactivity has been removed from the facility and there is no nuclear fuel stored onsite.

DTE has determined that the EP final rule does not apply to Fermi 1. The basis for this position is provided below.

Reference 3,Section II, "Discussion," states that, "The final rule applies to 10 CFR 50 licensees that are currently subject to the EP requirements." Fermi 1 is not currently subject to EP requirements; therefore, the revised rule does not apply.

In 1996, a new decommissioning rule was published. Detroit Edison submitted Reference 4 to address how some specific rules would apply to Fermi 1 due to the decommissioning rule. The NRC responded in Reference 5. Regarding emergency planning, the NRC response stated in part: "Given that Fermi 1 permanently shut down before the promulgation of NRC's emergency planning requirement, that the NRC has not subsequently required DECo to develop an emergency plan for Fermi 1, and that the remaining radiological materials at Fermi 1 could not pose an offsite threat, the NRC will not require the development of an offsite emergency plan for Fermi 1."

In 1998, Detroit Edison requested a license amendment (Reference 6) to allow possession of byproduct material for sample analysis and instrument calibration, or for byproduct material associated with radioactive apparatus, hardware, tools and equipment. The proposal included a condition limiting the cumulative quantity of the byproduct material to not exceed the criteria contained in Section 30.72, Schedule C, "Quantities of Radioactive Materials Requiring Consideration of the Need for an Emergency Plan for Responding to a Release."

The NRC approved the proposed license amendment in Reference 7. The NRC Safety Evaluation Report specifically addressed the limitation of the cumulative radioactive material quantity and stated: "This limit obviates the need to establish an emergency

USNRC NRC-13-0022 Page 3 plan due to any potential release of the radioactive material associated with the contaminated apparatus or non-exempt radioactive sources."

The documentation in References 5 and 7 clearly state that an emergency plan is not required at Fermi 1. Therefore, since the Emergency Preparedness Final Rule published in Reference 3 applies to 10 CFR 50 licensees that are currently subject to the EP requirements, the final EP rule does not apply to Fermi 1 and no exemption request is required.

The position in this letter was discussed in a telephone conversation between Mr. Daniel Breiding and Ms. Lynne Goodman of my staff, and Mr. Theodore Smith, NRC Project Manager for Fermi 1 on April 1, 2013. This letter documents the items discussed and the conclusion regarding the non-applicability of the final EP rule to Fermi 1.

There are no new commitments included in this document.

Should you have any questions or require additional information, please contact Ms.

Lynne Goodman at 734-586-1205 or Mr. Daniel Breiding at 734-586-1912.

Sincerely, cc: NRC Project Manager (T. Smith)

NRC Resident Office NRC Region III (P. Lee)

Regional Administrator, Region III Supervisor, Electric Operations, Michigan Public Service Commission