ML103410383

Letter Peach Bottom Atomic Power Station Unit 1- Issuance of Exemption from Security Requirements of 10 CFR Part 50 and 10 CFR Part 73 (TAC No. J00384)

ML103410383
Person / Time
Site:	Peach Bottom
Issue date:	08/01/2011
From:	Stephen Giebel NRC/FSME/DWMEP/DURLD/RDB
To:	Pacilio M Exelon Nuclear
Stephen Giebel, 415-5526
Shared Package
ML103410375	List: ML103410383 ML103410393 ML103410417
References
TAC J00384
Download: ML103410383 (5)

Text

August 1, 2011 Mr. Michael J. Pacilio President & Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

PEACH BOTTOM ATOMIC POWER STATION UNIT 1 - ISSUANCE OF EXEMPTION FROM SECURITY REQUIREMENTS OF 10 CFR PART 50 AND 10 CFR PART 73 (TAC NO. J00384)

Dear Mr. Pacilio:

The Commission has granted Exelon Nuclear, the licensee for Peach Bottom Atomic Power Station, Unit 1, the enclosed exemption from the requirements of 10 CFR 50.54(p) and the fixed site physical protection requirements of 10 CFR Part 73. This action is in response to your letter dated November 18, 2010.

The Commission has determined that, pursuant to 10 CFR 50.12(a), an exemption 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 based on the continued maintenance of appropriate security requirements for special nuclear material (SNM). Additionally, special circumstances are present based on the removal of the spent nuclear fuel containing SNM from the 10 CFR Part 50 licensed site. Therefore, the Commission hereby grants Exelon Nuclear an exemption from the requirements of 10 CFR 50.54(p) at Peach Bottom Atomic Power Station, Unit 1.

The Commission has determined that, pursuant to 10 CFR 73.5, an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest based on the security requirements for the spent fuel containing SNM no longer being the responsibility of the licensee. Therefore, the Commission hereby grants Exelon Nuclear an exemption from the physical protection requirements of 10 CFR Part 73 at Peach Bottom Atomic Power Station, Unit 1.

Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to the part of this exemption not dealing with safeguards plans was published in the Federal Register on June 28, 2011 (76 FR 37842). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment.

M.J. Pacilio 2 The part of this licensing action dealing with safeguards plans meets the categorical exclusion provision in 10 CFR Part 51.22(c)(25), as that part of this action is an exemption from the requirements of the Commissions regulations and (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 accidents; and (vi) the requirements from which an exemption is sought involve safeguard plans. Therefore, that part of the action does not require either an environmental assessment or an environmental impact statement.

The exemption will be published in the Federal Register. In accordance with 10 CFR 2.390 of the NRC=s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

Stephen Giebel, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-171 License No.: DPR-12

Enclosure:

Exemption cc: see next page

M.J. Pacilio 2 The part of this licensing action dealing with safeguards plans meets the categorical exclusion provision in 10 CFR Part 51.22(c)(25), as that part of this action is an exemption from the requirements of the Commissions regulations and (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 accidents; and (vi) the requirements from which an exemption is sought involve safeguard plans. Therefore, that part of the action does not require either an environmental assessment or an environmental impact statement.

The exemption will be published in the Federal Register. In accordance with 10 CFR 2.390 of the NRC=s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely, Stephen Giebel, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-171 License No.: DPR-12

Enclosure:

Exemption cc: see next page Distribution:

DWMEP r/f J Joustra, RI D Garner, NSIR L Kauffman, RI ML103410375 OFC DWMEP DWMEP DWMEP NSIR OGC DWMEP DWMEP NAME JHickman CHolston BWatson SWastler CHair KMcConnell SGiebel DATE 7/20/11 12 / 9 / 10 12 / 09 / 10 12 / 16 / 10 6 / 2 / 11 8/1/11 8/1/11 OFFICIAL RECORD COPY

Peach Bottom Atomic Power Station, Unit 1 Service List cc:

Mr. Christopher M. Crane Mr. Stephen E. Kuczynski President and Chief Operating Officer Senior Vice President, Engineering and (COO), Exelon Corporation Technical Services, Exelon Generation President, Exelon Generation Company, Company, LLC LLC 4300 Winfield Road 4300 Winfield Road Warrenville, IL 60555 Warrenville, IL 60555 Mr. Bryan C. Hanson Mr. Charles G. Pardee Senior Vice President, Midwest Operations, Chief Operating Officer (COO), Exelon Exelon Generation Company, LLC Generation Company, LLC 4300 Winfield Road 4300 Winfield Road Warrenville, IL 60555 Warrenville, IL 60555 Mr. Keith R. Jury Mr. Michael J. Pacilio Vice President, Licensing and Regulatory Senior Vice President, Exelon Generation Affairs Company, LLC Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO), 4300 Winfield Road Exelon Nuclear Warrenville, IL 60555 4300 Winfield Road Warrenville, IL 60555 Mr. Timothy J. Tulon Vice President, Midwest Operations, Exelon Ms. Susan R. Landahl Generation Company, LLC Senior Vice President, Exelon Generation 4300 Winfield Road Company, LLC Warrenville, IL 60555 Chief Operating Officer (COO), Exelon Nuclear Mr. Christopher H. Mudrick 4300 Winfield Road Vice President, Mid-Atlantic Operations, Warrenville, IL 60555 Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Mr. Ronald J. De Gregorio Kennett Square, PA 19348 Senior Vice President, Operations Support, Exelon Generation Company, LLC Mr. Robert J. Hovey 200 Exelon Way, KSA 3-N Vice President, Nuclear Oversight, Exelon Kennett Square, PA 19348 Generation Company, LLC 4300 Winfield Road Mr. Joseph P. Grimes, Jr. Warrenville, IL 60555 Senior Vice President, Mid-Atlantic Operations, Exelon Generation Company, Mr. Tom Dougherty LLC Site Vice President - Peach Bottom Atomic 200 Exelon Way, KSA 3-N Power Station Kennett Square, PA 19348 Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314

Plant Manager - Peach Bottom Atomic Ms. Susan Grey Power Station Power Plant and Environmental Exelon Generation Company, LLC Review Division 1848 Lay Road Department of Natural Resources Delta, PA 17314 B-3, Tawes State Office Building Annapolis, MD 21401 Manager Regulatory Assurance - Peach Bottom Atomic Power Station Manager-Financial Control & Co-Owner Exelon Generation Company, LLC Affairs 1848 Lay Road Public Service Electric and Gas Company Delta, PA 17314 P.O. Box 236 Hancocks Bridge, NJ 08038-0236 Mr. Roland Fletcher Department of Environment Vice President, Licensing and Regulatory Radiological Health Program Affairs 2400 Broening Highway Exelon Generation Company, LLC Baltimore, MD 21224 4300 Winfield Road Warrenville, IL 60555 Director, Licensing and Regulatory Affairs Exelon Generation Company, LLC Associate General Counsel Correspondence Control Exelon Generation Company, LLC P.O. Box 160 4300 Winfield Road Kennett Square, PA 19348 Warrenville, IL 60555 Manager Licensing Correspondence Control Desk Exelon Generation Company, LLC Exelon Generation Company, LLC Correspondence Control 200 Exelon Way, KSA 1-N-1 P.O. Box 160 Kennett Square, PA 19348 Kennett Square, PA 19348 Chief-Division of Nuclear Safety PA Bureau of Radiation Protection Dept. of Environmental Protection P.O. Box 8469 Harrisburg, PA 17105-8469 Board of Supervisors Peach Bottom Township R. D. #1 Delta, PA 17314 Public Service Commission of Maryland Engineering Division Chief Engineer 6 St. Paul Center Baltimore, MD 21202-6806