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| | number = ML12230A172 | | | number = ML12230A172 |
| | issue date = 10/03/2012 | | | issue date = 10/03/2012 |
| | title = Millstone Power Station, Unit 2, Revocation of Exemption | | | title = Revocation of Exemption |
| | author name = Evans M G | | | author name = Evans M |
| | author affiliation = NRC/NRR/DORL | | | author affiliation = NRC/NRR/DORL |
| | addressee name = | | | addressee name = |
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| | docket = 05000336 | | | docket = 05000336 |
| | license number = DPR-065 | | | license number = DPR-065 |
| | contact person = Sanders C J | | | contact person = Sanders C |
| | case reference number = NRC-2010-0128, TAC ME8483 | | | case reference number = NRC-2010-0128, TAC ME8483 |
| | package number = ml12230A156 | | | package number = ml12230A156 |
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| =Text= | | =Text= |
| {{#Wiki_filter:[7590-01-P] | | {{#Wiki_filter:[7590-01-P] |
| NUCLEAR REGULATORY COMMISSION [Docket No. 50-336; NRC-2010-0128] Dominion Nuclear Connecticut, Inc. Millstone Power Station, Unit 2, Revocation of Exemption 1.0 BACKGROUND Dominion Nuclear Connecticut, Inc., (DNC or the licensee) is the holder of Facility Operating License No. DPR-65, which authorizes operation of the Millstone Power Station, Unit 2 (MPS2). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of a pressurized-water reactor located in New London County, Connecticut. 2.0 REQUEST/ACTION By letter dated November 5, 2004,1 as supplemented by letters dated January 6 and January 25, 2005,2 the licensee submitted a request for an exemption from the requirements in section 50.68(b)(1) of Title 10 of the Code of Federal Regulations (10 CFR) for loading, unloading, and handling of the components of the Transnuclear (TN) NUHOMS7-32PT dry cask 1 Agencywide Document Access and Management System (ADAMS) Accession No. ML043130360. 2 ADAMS Accession Nos. ML050110079 and ML050260675, respectively. | | NUCLEAR REGULATORY COMMISSION |
| - 2 -storage system at MPS2. By Exemption dated February 15, 2005,3 the NRC granted DNC's request. Section 50.68(b)(1) of 10 CFR set forth the following requirement, at the time the exemption was granted, that must be met, in lieu of a monitoring system capable of detecting criticality events. Plant procedures shall prohibit the handling and storage at any one time of more fuel assemblies than have been determined to be safely subcritical under the most adverse moderation conditions feasible by unborated water. The licensee was unable to satisfy the above requirement for handling the 10 CFR Part 72 licensed contents of the TN NUHOMS7-32PT system. Section 50.12(a) allows licensees to apply for an exemption from the requirements of 10 CFR Part 50 if the regulation is not necessary to achieve the underlying purpose of the rule and other conditions are met. The licensee stated in the application that compliance with 10 CFR 50.68(b)(1) is not necessary for handling the 10 CFR Part 72 licensed contents of the cask system to achieve the underlying purpose of 10 CFR 50.68(b)(1). The Commission determined that, pursuant to 10 CFR 50.12(a), the exemption was authorized by law, would not present an undue risk to the public health and safety, and was consistent with the common defense and security. Also, special circumstances were present. Therefore, the Commission granted DNC an exemption from the requirements of 10 CFR 50.68(b)(1) for the loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2. On November 16, 2006 (71 FR 66648), the NRC published a direct final rule in the Federal Register amending its regulations "so that the requirements governing criticality control for the spent fuel pool storage racks do not apply to the fuel within the spent fuel transportation 3 ADAMS Accession No. ML050420058.
| | [Docket No. 50-336; NRC-2010-0128] |
| - 3 -package or storage cask when the package or cask is in the spent fuel pool." The regulation in 10 CFR 50.68 was amended by adding a new paragraph (c) which states the following: (c) While a spent fuel transportation package approved under Part 71 of this chapter or spent fuel storage cask approved under Part 72 of this chapter is in the spent fuel pool: (1) The requirements in § 50.68(b) do not apply to the fuel located within that package or cask; and (2) The requirements in Part 71 or 72 of this chapter, as applicable, and the requirements of the Certificate of Compliance for that package or cask apply to the fuel within that package or cask. The statements of consideration state that for licensees with an approved exemption, these licensees can continue to use their approved exemption or they may choose to comply with the amended rule. The statements of consideration go on to say, "[o]perating under the exemption or the amended rule have effectively the same criticality accident requirements for fuel within a package or cask in a spent fuel pool, namely only those of 10 CFR Part 71 or 72, as applicable." By letter dated April 10, 2012,4 DNC stated that MPS2 will comply with the amended rule instead of the February 15, 2005, exemption. 3.0 DISCUSSION Pursuant to 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) when special circumstances are present. On February 15, 2005, the NRC granted the above exemption for 4 ADAMS Accession No. ML12102A057.
| | Dominion Nuclear Connecticut, Inc. |
| - 4 -the technical requirements of 10 CFR 50.68(b)(1) for loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2. Based on the NRC rule change that amended the requirements of 10 CFR 50.68, in November 2006, DNC is able to comply with all requirements of 10 CFR 50.68. The NRC staff examined the licensee's rationale, and concluded that the revocation is acceptable because the licensee has established compliance with 10 CFR 50.68 for loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2. This revocation of exemption would remove the licensee's exemption from the associated requirements of 10 CFR 50.68(b)(1) for loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2, which was granted by the Commission on February 15, 2005. With the exemption removed, MPS2 will be subject to all of the applicable requirements of 10 CFR 50.68. The NRC staff has determined that revoking the exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations. No Undue Risk to Public Health and Safety The underlying purposes of 10 CFR 50.68 is to maintain spent fuel pools subcritical in an unborated, maximum moderation condition. DNC has decided to comply with all of the amended requirements of 10 CFR 50.68 which were issued in November 2006, without exemption. Based on compliance with the requirements of 10 CFR 50.68, no new accident precursors are created by the revocation of this exemption, thus, the probability of postulated accidents is not increased. Also, based on compliance with the requirements of 10 CFR 50.68, the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety.
| | Millstone Power Station, Unit 2, Revocation of Exemption |
| - 5 -Consistent with Common Defense and Security The proposed revocation of exemption would restore the requirements of 10 CFR 50.68 for loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2 . This change to the operation of the plant has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption. 4.0 CONCLUSION Accordingly, the Commission has determined that the exemption granted February 15, 2005, related to loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2 is herby revoked. Pursuant to 10 CFR 51.32, the Commission has determined that the revocation of this exemption will not have a significant effect on the quality of the human environment (71 FR 66650). This exemption revocation is effective upon issuance. Dated at Rockville, Maryland, this 3rd day of October 2012. FOR THE NUCLEAR REGULATORY COMMISSION
| | |
| /ra/ Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
| | ==1.0 BACKGROUND== |
| }} | | |
| | Dominion Nuclear Connecticut, Inc., (DNC or the licensee) is the holder of Facility Operating License No. DPR-65, which authorizes operation of the Millstone Power Station, Unit 2 (MPS2). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. |
| | The facility consists of a pressurized-water reactor located in New London County, Connecticut. |
| | 2.0 REQUEST/ACTION By letter dated November 5, 2004,1 as supplemented by letters dated January 6 and January 25, 2005,2 the licensee submitted a request for an exemption from the requirements in section 50.68(b)(1) of Title 10 of the Code of Federal Regulations (10 CFR) for loading, unloading, and handling of the components of the Transnuclear (TN) NUHOMS7-32PT dry cask 1 |
| | Agencywide Document Access and Management System (ADAMS) Accession No. ML043130360. |
| | 2 ADAMS Accession Nos. ML050110079 and ML050260675, respectively. |
| | |
| | storage system at MPS2. By Exemption dated February 15, 2005,3 the NRC granted DNCs request. |
| | Section 50.68(b)(1) of 10 CFR set forth the following requirement, at the time the exemption was granted, that must be met, in lieu of a monitoring system capable of detecting criticality events. |
| | Plant procedures shall prohibit the handling and storage at any one time of more fuel assemblies than have been determined to be safely subcritical under the most adverse moderation conditions feasible by unborated water. |
| | The licensee was unable to satisfy the above requirement for handling the 10 CFR Part 72 licensed contents of the TN NUHOMS7-32PT system. Section 50.12(a) allows licensees to apply for an exemption from the requirements of 10 CFR Part 50 if the regulation is not necessary to achieve the underlying purpose of the rule and other conditions are met. The licensee stated in the application that compliance with 10 CFR 50.68(b)(1) is not necessary for handling the 10 CFR Part 72 licensed contents of the cask system to achieve the underlying purpose of 10 CFR 50.68(b)(1). The Commission determined that, pursuant to 10 CFR 50.12(a), the exemption was authorized by law, would not present an undue risk to the public health and safety, and was consistent with the common defense and security. Also, special circumstances were present. Therefore, the Commission granted DNC an exemption from the requirements of 10 CFR 50.68(b)(1) for the loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2. |
| | On November 16, 2006 (71 FR 66648), the NRC published a direct final rule in the Federal Register amending its regulations so that the requirements governing criticality control for the spent fuel pool storage racks do not apply to the fuel within the spent fuel transportation 3 |
| | ADAMS Accession No. ML050420058. |
| | |
| | package or storage cask when the package or cask is in the spent fuel pool. The regulation in 10 CFR 50.68 was amended by adding a new paragraph (c) which states the following: |
| | (c) While a spent fuel transportation package approved under Part 71 of this chapter or spent fuel storage cask approved under Part 72 of this chapter is in the spent fuel pool: |
| | (1) The requirements in § 50.68(b) do not apply to the fuel located within that package or cask; and (2) The requirements in Part 71 or 72 of this chapter, as applicable, and the requirements of the Certificate of Compliance for that package or cask apply to the fuel within that package or cask. |
| | The statements of consideration state that for licensees with an approved exemption, these licensees can continue to use their approved exemption or they may choose to comply with the amended rule. The statements of consideration go on to say, [o]perating under the exemption or the amended rule have effectively the same criticality accident requirements for fuel within a package or cask in a spent fuel pool, namely only those of 10 CFR Part 71 or 72, as applicable. |
| | By letter dated April 10, 2012,4 DNC stated that MPS2 will comply with the amended rule instead of the February 15, 2005, exemption. |
| | 3.0 DISCUSSION Pursuant to 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) when special circumstances are present. On February 15, 2005, the NRC granted the above exemption for 4 |
| | ADAMS Accession No. ML12102A057. |
| | |
| | the technical requirements of 10 CFR 50.68(b)(1) for loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2. |
| | Based on the NRC rule change that amended the requirements of 10 CFR 50.68, in November 2006, DNC is able to comply with all requirements of 10 CFR 50.68. The NRC staff examined the licensees rationale, and concluded that the revocation is acceptable because the licensee has established compliance with 10 CFR 50.68 for loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2. |
| | This revocation of exemption would remove the licensees exemption from the associated requirements of 10 CFR 50.68(b)(1) for loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2, which was granted by the Commission on February 15, 2005. With the exemption removed, MPS2 will be subject to all of the applicable requirements of 10 CFR 50.68. The NRC staff has determined that revoking the exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. |
| | No Undue Risk to Public Health and Safety The underlying purposes of 10 CFR 50.68 is to maintain spent fuel pools subcritical in an unborated, maximum moderation condition. DNC has decided to comply with all of the amended requirements of 10 CFR 50.68 which were issued in November 2006, without exemption. Based on compliance with the requirements of 10 CFR 50.68, no new accident precursors are created by the revocation of this exemption, thus, the probability of postulated accidents is not increased. Also, based on compliance with the requirements of 10 CFR 50.68, the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety. |
| | |
| | Consistent with Common Defense and Security The proposed revocation of exemption would restore the requirements of 10 CFR 50.68 for loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2 . This change to the operation of the plant has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption. |
| | |
| | ==4.0 CONCLUSION== |
| | |
| | Accordingly, the Commission has determined that the exemption granted February 15, 2005, related to loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2 is herby revoked. |
| | Pursuant to 10 CFR 51.32, the Commission has determined that the revocation of this exemption will not have a significant effect on the quality of the human environment (71 FR 66650). |
| | This exemption revocation is effective upon issuance. |
| | Dated at Rockville, Maryland, this 3rd day of October 2012. |
| | FOR THE NUCLEAR REGULATORY COMMISSION |
| | /ra/ |
| | Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation}} |
|
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Category:Federal Register Notice
MONTHYEARML21064A5032021-03-26026 March 2021 FRN, Individual SUNSI Notice of Consideration of Issuance of Amendment Related to Measurement Uncertainty Recapture Power Uprate ML21064A4702021-03-26026 March 2021 Letter, Individual SUNSI Notice of Consideration of Issuance of Amendment Related to Measurement Uncertainty Recapture Power Uprate ML20335A0902020-12-21021 December 2020 Federal Register Notice - November 2020 COVID-19 Exemptions ML20272A3112020-09-28028 September 2020 Memo E-mail to File - Summary of August 19, 2020, Meeting with Dominion to Discuss Proposed Exemption Request Biennial Emergency Preparedness Exercise Date Change ML20177A6452020-07-15015 July 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for June 2020 ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML19169A2562019-07-31031 July 2019 Federal Register Notice: Virginia Electric and Power Company, Dominion Energy Kewaunee, Inc. and Dominion Nuclear Connecticut, Inc. Millstone ISFSI: Environmental Assessment and Finding of No Significant Impact; Issuance ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 ML18278A2802018-10-10010 October 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 10/23/2018 ML18173A1792018-08-0707 August 2018 OEDO-17-00070 - Notice of Issuance of Director'S Decision, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Japan C NRC-2018-0140, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/20182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 ML18180A2182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 ML17353A1922017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 NRC-2017-0197, FRN: Exemption - Millstone Power Station, Unit No. 2 - Request for Exemption from Appendix R to 10 CFR Part 50, Section Iii.G (CAC No. MF8789; EPID L-2016-LLE-0002)2017-10-24024 October 2017 FRN: Exemption - Millstone Power Station, Unit No. 2 - Request for Exemption from Appendix R to 10 CFR Part 50, Section Iii.G (CAC No. MF8789; EPID L-2016-LLE-0002) ML17279A8512017-10-24024 October 2017 Letter with Request for Exemption from 10 CFR 50, Appendix R, Section Iii.G (CAC No. MF8789; EPID L-2016-LLE-0002) ML17279A8612017-10-24024 October 2017 FRN: Exemption - Millstone Power Station, Unit No. 2 - Request for Exemption from Appendix R to 10 CFR Part 50, Section Iii.G (CAC No. MF8789; EPID L-2016-LLE-0002) ML17212A0002017-09-20020 September 2017 Federal Register Notice Environmental Assessment and Finding of No Significant Impact ML17198A3292017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement Letter, Paul Gunter, Beyond Nuclear, Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Jap ML17200A0652017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement FRN, Paul Gunter, Beyond Nuclear, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and ML17087A3082017-05-10010 May 2017 Letter with Request for Exemption from 10 CFR 50.46 and Appendix K of 10 CFR, Part 50, to Allow Use of Axiom as Approved Fuel Rod Cladding ML16355A2612016-12-21021 December 2016 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Publication Date: January 3, 2017 NRC-2016-0273, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Publication Date: January 3, 20172016-12-21021 December 2016 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations; Publication Date: January 3, 2017 NRC-2016-0180, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 20162016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 ML16229A2552016-08-18018 August 2016 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Publication Date: August 30, 2016 ML16215A2272016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 NRC-2016-0161, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 20162016-08-0303 August 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 16, 2016 ML16158A1322016-06-0606 June 2016 Transmittal Letter Individual Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for Hearing (CAC No. MF6251) and Enclosure (Fr Notice) NRC-2016-0100, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 20162016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 ML16131A7952016-05-13013 May 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 24, 2016 NRC-2016-0034, Fr Notice Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing2016-02-12012 February 2016 Fr Notice Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing ML16041A3002016-02-12012 February 2016 Transmittal Letter Individual Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for Hearing ML16041A3042016-02-12012 February 2016 Fr Notice Individual Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15237A3652015-08-26026 August 2015 Federal Register Notice, Confirmatory Order in the Matter of Dominion Nuclear Connecticut Inc., Millstone Power Station Unit 2, (EA-13-188) NRC-2015-0217, Federal Register Notice, Confirmatory Order in the Matter of Dominion Nuclear Connecticut Inc., Millstone Power Station Unit 2, (EA-13-188)2015-08-26026 August 2015 Federal Register Notice, Confirmatory Order in the Matter of Dominion Nuclear Connecticut Inc., Millstone Power Station Unit 2, (EA-13-188) ML15231A8382015-08-21021 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 2015 NRC-2015-0204, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 20152015-08-21021 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 2015 ML15218A6252015-08-14014 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: August 14, 2015 ML15148A3762015-06-0101 June 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Published June 9, 2015 ML15093A4972015-05-12012 May 2015 Exemption from 10 CFR 50.46 and Appendix K to Allow Use of M5 Alloy for Fuel Cladding ML15093A2752015-05-12012 May 2015 Exemption to Permit Use of M5 Alloy for Fuel Cladding NRC-2015-0125, Exemption to Permit Use of M5 Alloy for Fuel Cladding2015-05-12012 May 2015 Exemption to Permit Use of M5 Alloy for Fuel Cladding NRC-2015-0104, Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register2015-04-20020 April 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register ML15106A9162015-04-20020 April 2015 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication in April 28, 2015, Federal Register ML14205A3142014-07-28028 July 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations- Published July 22, 2014 ML14037A4142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 NRC-2014-0028, Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 20142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 2021-03-26
[Table view] |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-336; NRC-2010-0128]
Dominion Nuclear Connecticut, Inc.
Millstone Power Station, Unit 2, Revocation of Exemption
1.0 BACKGROUND
Dominion Nuclear Connecticut, Inc., (DNC or the licensee) is the holder of Facility Operating License No. DPR-65, which authorizes operation of the Millstone Power Station, Unit 2 (MPS2). The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor located in New London County, Connecticut.
2.0 REQUEST/ACTION By letter dated November 5, 2004,1 as supplemented by letters dated January 6 and January 25, 2005,2 the licensee submitted a request for an exemption from the requirements in section 50.68(b)(1) of Title 10 of the Code of Federal Regulations (10 CFR) for loading, unloading, and handling of the components of the Transnuclear (TN) NUHOMS7-32PT dry cask 1
Agencywide Document Access and Management System (ADAMS) Accession No. ML043130360.
2 ADAMS Accession Nos. ML050110079 and ML050260675, respectively.
storage system at MPS2. By Exemption dated February 15, 2005,3 the NRC granted DNCs request.
Section 50.68(b)(1) of 10 CFR set forth the following requirement, at the time the exemption was granted, that must be met, in lieu of a monitoring system capable of detecting criticality events.
Plant procedures shall prohibit the handling and storage at any one time of more fuel assemblies than have been determined to be safely subcritical under the most adverse moderation conditions feasible by unborated water.
The licensee was unable to satisfy the above requirement for handling the 10 CFR Part 72 licensed contents of the TN NUHOMS7-32PT system. Section 50.12(a) allows licensees to apply for an exemption from the requirements of 10 CFR Part 50 if the regulation is not necessary to achieve the underlying purpose of the rule and other conditions are met. The licensee stated in the application that compliance with 10 CFR 50.68(b)(1) is not necessary for handling the 10 CFR Part 72 licensed contents of the cask system to achieve the underlying purpose of 10 CFR 50.68(b)(1). The Commission determined that, pursuant to 10 CFR 50.12(a), the exemption was authorized by law, would not present an undue risk to the public health and safety, and was consistent with the common defense and security. Also, special circumstances were present. Therefore, the Commission granted DNC an exemption from the requirements of 10 CFR 50.68(b)(1) for the loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2.
On November 16, 2006 (71 FR 66648), the NRC published a direct final rule in the Federal Register amending its regulations so that the requirements governing criticality control for the spent fuel pool storage racks do not apply to the fuel within the spent fuel transportation 3
ADAMS Accession No. ML050420058.
package or storage cask when the package or cask is in the spent fuel pool. The regulation in 10 CFR 50.68 was amended by adding a new paragraph (c) which states the following:
(c) While a spent fuel transportation package approved under Part 71 of this chapter or spent fuel storage cask approved under Part 72 of this chapter is in the spent fuel pool:
(1) The requirements in § 50.68(b) do not apply to the fuel located within that package or cask; and (2) The requirements in Part 71 or 72 of this chapter, as applicable, and the requirements of the Certificate of Compliance for that package or cask apply to the fuel within that package or cask.
The statements of consideration state that for licensees with an approved exemption, these licensees can continue to use their approved exemption or they may choose to comply with the amended rule. The statements of consideration go on to say, [o]perating under the exemption or the amended rule have effectively the same criticality accident requirements for fuel within a package or cask in a spent fuel pool, namely only those of 10 CFR Part 71 or 72, as applicable.
By letter dated April 10, 2012,4 DNC stated that MPS2 will comply with the amended rule instead of the February 15, 2005, exemption.
3.0 DISCUSSION Pursuant to 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) when special circumstances are present. On February 15, 2005, the NRC granted the above exemption for 4
ADAMS Accession No. ML12102A057.
the technical requirements of 10 CFR 50.68(b)(1) for loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2.
Based on the NRC rule change that amended the requirements of 10 CFR 50.68, in November 2006, DNC is able to comply with all requirements of 10 CFR 50.68. The NRC staff examined the licensees rationale, and concluded that the revocation is acceptable because the licensee has established compliance with 10 CFR 50.68 for loading, unloading, and handling of the components of the TN NUHOMS7-32PT storage system at MPS2.
This revocation of exemption would remove the licensees exemption from the associated requirements of 10 CFR 50.68(b)(1) for loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2, which was granted by the Commission on February 15, 2005. With the exemption removed, MPS2 will be subject to all of the applicable requirements of 10 CFR 50.68. The NRC staff has determined that revoking the exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations.
No Undue Risk to Public Health and Safety The underlying purposes of 10 CFR 50.68 is to maintain spent fuel pools subcritical in an unborated, maximum moderation condition. DNC has decided to comply with all of the amended requirements of 10 CFR 50.68 which were issued in November 2006, without exemption. Based on compliance with the requirements of 10 CFR 50.68, no new accident precursors are created by the revocation of this exemption, thus, the probability of postulated accidents is not increased. Also, based on compliance with the requirements of 10 CFR 50.68, the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety.
Consistent with Common Defense and Security The proposed revocation of exemption would restore the requirements of 10 CFR 50.68 for loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2 . This change to the operation of the plant has no relation to security issues. Therefore, the common defense and security is not impacted by this exemption.
4.0 CONCLUSION
Accordingly, the Commission has determined that the exemption granted February 15, 2005, related to loading, unloading, and handling of the components of the TN NUHOMS7-32PT dry cask storage system at MPS2 is herby revoked.
Pursuant to 10 CFR 51.32, the Commission has determined that the revocation of this exemption will not have a significant effect on the quality of the human environment (71 FR 66650).
This exemption revocation is effective upon issuance.
Dated at Rockville, Maryland, this 3rd day of October 2012.
FOR THE NUCLEAR REGULATORY COMMISSION
/ra/
Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation