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=Text=
=Text=
{{#Wiki_filter:December 17, 2007  
{{#Wiki_filter:December 17, 2007 Mr. Jack M. Davis Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI 48166
 
Mr. Jack M. Davis Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI 48166  


==SUBJECT:==
==SUBJECT:==
FERMI 2 C EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 74.19(c) REGARDING THE FREQUENCY OF PHYSICAL INVENTORY OF SPECIAL NUCLEAR MATERIAL IN THE SPENT FUEL POOL (TAC NO. MD5416)  
FERMI 2 C EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 74.19(c)
REGARDING THE FREQUENCY OF PHYSICAL INVENTORY OF SPECIAL NUCLEAR MATERIAL IN THE SPENT FUEL POOL (TAC NO. MD5416)


==Dear Mr. Davis:==
==Dear Mr. Davis:==


The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 74, Section 74.19(c), for Fermi 2. This action is in response to your letter dated April 27, 2007, as supplemented by letter dated November 9, 2007.  
The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 74, Section 74.19(c), for Fermi 2. This action is in response to your letter dated April 27, 2007, as supplemented by letter dated November 9, 2007.
 
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
Sincerely, /RA/ Adrian Muniz, Project Manager Plant Licensing Branch III-1 Division of Operating Licensing Branch Office of Nuclear Reactor Regulation  
Sincerely,
 
                                              /RA/
Docket No. 50-341  
Adrian Muniz, Project Manager Plant Licensing Branch III-1 Division of Operating Licensing Branch Office of Nuclear Reactor Regulation Docket No. 50-341


==Enclosure:==
==Enclosure:==


Exemption cc w/encl: See next page
Exemption cc w/encl: See next page
 
ML073110482 OFFICE LPL3-1\PM LPL3-1\LA NMSS/FCSS/ MCAB/BC NSIR/DSO/
DDSO/RSOB LPL3-1\(A)BC NAME AMuniz THarris/via *email JMarshall BWestreich FPeduzzi for CMunson DATE 12/12/07 12/12/07 11/14/07 12/3/07 12/12/07 OFFICE DORL\D OGC/NLO DORL/D[sign] NAME CHaney DRoth CHaney DATE 12/    /07 12/14/07 12/17/07 7590-01-P
 
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY.
FERMI 2  DOCKET NO. 50-341 EXEMPTION
 
==1.0 BACKGROUND==
 
Detroit Edison Company (the licensee) is the holder of Facility Operat ing License No. NPF-43, which authorizes operation of Fermi 2. The license provides, among other things, that the facility is subj ect to all rules, regul ations, and orders of the U.S.
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The facility consists of a boiling-water reactor located in Monroe County, Michigan. Fermi 2 is in the process of re-racking its spent fuel pool (SFP), which involves the replacement of some older racks with higher-density racks. The NRC approved the re-rack 
 
project in its letter dated January 25, 2001. A result of the re-rack effort is that some of the SFP 
 
floor space that was previously used to store miscellaneous items is no longer available, due to
 
the addition of the new racks. To address this, Fermi 2 is introducing two Holtec Overhead
 
Platforms (HOPs) to the SFP which are designed to be placed on two specific spent 
 
fuel storage racks as approved by the NRC in its letter dated January 25, 2001.
 
2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR), Part 74, Section 74.19(c), requires that each licensee authorized to possess special nuclear material (SNM), at any one time and 
 
site location, in a quantity greater than 350 grams of contained uranium-235, uranium-233, or 
 
plutonium, or any combination thereof, shall conduct a physical inventory of all SNM in its 
 
possession under license at intervals not to exceed 12 months.
 
By letter dated April 27, 2007, as supplemented by letter dated November 9, 2007, the 
 
licensee requested an exemption from the requirements of 10 CFR 74.19(c) to conduct a 
 
physical inventory of all special nuclear material at intervals not to exceed 12 months.
 
Specifically, the request is for exemption from the physical inventory requirements for those fuel 
 
assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks.
 
3.0 DISCUSSION Pursuant to 10 CFR 74.7, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 74, when the exemptions are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.
Authorized by law This exemption would exempt the licensee from the requirements of 10 CFR 74.19(c) for 
 
the physical inventory requirements of the fuel assemblies that are stored under the HOPs when
 
the HOPs are installed in the spent fuel racks. As stated above, 10 CFR 74.7 allows the NRC to
 
grant exemptions from the requirements of 10 CFR Part 74. The NRC staff has determined that 
 
granting of the licensee's proposed exemption will not result in a violation of the Atomic Energy 
 
Act of 1954, as amended, or the Commission's regulations. Therefore, the exemption is
 
authorized by law.
 
Will not endanger life or property or common defense and security Administrative controls associated with the movement of the HOPs and the HOP itself (physical
 
barrier) will prohibit movement of the fuel assemblies in the f uel storage racks below the HOPs 
 
when the HOPs are installed. The licensee submitted regulatory commitments in Enclosure 1 of 
 
the letter dated November 9, 2007, that provide further assurance that the SNM stored under 
 
the HOPs will be adequately controlled and accounted for by the licensee. The HOPs add 
 
another barrier for access to the SNM in the SFP, thus, increasing security of SNM stored under 
 
the HOPs when the HOPs are installed. Therefore, the exemption w ill not endanger life or property or common defense and security.
 
Otherwise in the public interest The licensee was previously approved by the NRC to install the HOPs as part of the licensee's re-rack of Fermi 2 SFP. The re-rack project increased the capacity of the SFP from 
 
2,414 to 4,608 fuel assemblies to provide full core discharge capability after June 2001. As
 
discussed above, the HOPs are needed to be installed because, due to the addition
 
of the new racks, some of the SFP floor space that was previously used to store miscellaneous 
 
items is no longer available. In order for the licensee to perform physical inventory of the SNM 
 
stored below the HOPs, the licensee would have to clear and uninstall the HOPs. The HOPs
 
add another barrier for access to the SNM in the SFP, thus increasing security of SNM stored
 
under the HOP when the HOPs are installed. An increase in security is beneficial to public
 
interest. Therefore, the exemption is otherwise in the public interest.
 
==4.0 CONCLUSION==
 
Accordingly, the Commission has determined that, pursuant to 10 CFR 74.7, the exemption is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants 
 
Detroit Edison Company an exemption to Fermi 2 from the requirements of 10 CFR 74.19(c) for physical inventory for those fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks. The annual physical inventory of all other SNM will continue to be performed per the requirements of 10 CFR 74.19(c). Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment 
 
(72 FR 70619).
 
This exemption is effective upon issuance.
 
Dated at Rockville, Maryland, this 17 th day of December 2007.
FOR THE NUCLEAR REGULATORY COMMISSION
 
      /RA/  Catherine Haney, Division Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
 
Fermi 2


cc:
ML073110482 OFFICE        LPL3-1\PM      LPL3-1\LA          NMSS/FCSS/        NSIR/DSO/    LPL3-1\(A)BC MCAB/BC            DDSO/RSOB NAME          AMuniz          THarris/via        JMarshall          BWestreich    CMunson
                              *email                                FPeduzzi for DATE          12/12/07        12/12/07            11/14/07          12/3/07      12/12/07 OFFICE    DORL\D              OGC/NLO              DORL/D[sign]
NAME      CHaney              DRoth                CHaney DATE      12/ /07            12/14/07              12/17/07


David G. Pettinari Legal Department 688 WCB Detroit Edison Company 2000 2nd Avenue Detroit, MI  48226-1279
7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY.
FERMI 2 DOCKET NO. 50-341 EXEMPTION


Michigan Department of Environmental Quality Waste and Hazardous Materials Division Radiological Protection and Medical Waste Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI  48909-7741
==1.0    BACKGROUND==


U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 N Dixie Highway Newport, MI  48166
Detroit Edison Company (the licensee) is the holder of Facility Operating License No. NPF-43, which authorizes operation of Fermi 2. 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 boiling-water reactor located in Monroe County, Michigan.
Fermi 2 is in the process of re-racking its spent fuel pool (SFP), which involves the replacement of some older racks with higher-density racks. The NRC approved the re-rack project in its letter dated January 25, 2001. A result of the re-rack effort is that some of the SFP floor space that was previously used to store miscellaneous items is no longer available, due to the addition of the new racks. To address this, Fermi 2 is introducing two Holtec Overhead Platforms (HOPs) to the SFP which are designed to be placed on two specific spent fuel storage racks as approved by the NRC in its letter dated January 25, 2001.


Mr. M. V. Yudasz, Jr., Director Monroe County Emergency Management Division 965 South Raisinville Road Monroe, MI  48161
2.0    REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR), Part 74, Section 74.19(c), requires that each licensee authorized to possess special nuclear material (SNM), at any one time and site location, in a quantity greater than 350 grams of contained uranium-235, uranium-233, or plutonium, or any combination thereof, shall conduct a physical inventory of all SNM in its possession under license at intervals not to exceed 12 months.
By letter dated April 27, 2007, as supplemented by letter dated November 9, 2007, the licensee requested an exemption from the requirements of 10 CFR 74.19(c) to conduct a physical inventory of all special nuclear material at intervals not to exceed 12 months.
Specifically, the request is for exemption from the physical inventory requirements for those fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks.
3.0    DISCUSSION Pursuant to 10 CFR 74.7, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 74, when the exemptions are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.
Authorized by law This exemption would exempt the licensee from the requirements of 10 CFR 74.19(c) for the physical inventory requirements of the fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks. As stated above, 10 CFR 74.7 allows the NRC to grant exemptions from the requirements of 10 CFR Part 74. The NRC staff has determined that granting of the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law.


Ronald W. Gaston Manager, Nuclear Licensing Detroit Edison Company Fermi 2 - 200 TAC 6400 North Dixie Highway Newport, MI  48166
Will not endanger life or property or common defense and security Administrative controls associated with the movement of the HOPs and the HOP itself (physical barrier) will prohibit movement of the fuel assemblies in the fuel storage racks below the HOPs when the HOPs are installed. The licensee submitted regulatory commitments in Enclosure 1 of the letter dated November 9, 2007, that provide further assurance that the SNM stored under the HOPs will be adequately controlled and accounted for by the licensee. The HOPs add another barrier for access to the SNM in the SFP, thus, increasing security of SNM stored under the HOPs when the HOPs are installed. Therefore, the exemption will not endanger life or property or common defense and security.
Otherwise in the public interest The licensee was previously approved by the NRC to install the HOPs as part of the licensees re-rack of Fermi 2 SFP. The re-rack project increased the capacity of the SFP from 2,414 to 4,608 fuel assemblies to provide full core discharge capability after June 2001. As discussed above, the HOPs are needed to be installed because, due to the addition of the new racks, some of the SFP floor space that was previously used to store miscellaneous items is no longer available. In order for the licensee to perform physical inventory of the SNM stored below the HOPs, the licensee would have to clear and uninstall the HOPs. The HOPs add another barrier for access to the SNM in the SFP, thus increasing security of SNM stored under the HOP when the HOPs are installed. An increase in security is beneficial to public interest. Therefore, the exemption is otherwise in the public interest.


Supervisor - Electric Operators Michigan Public Service Commission P.O. Box 30221 Lansing, MI  48909
==4.0      CONCLUSION==


Wayne County Emergency Management Division 10250 Middlebelt Road Detroit, MI  48242
Accordingly, the Commission has determined that, pursuant to 10 CFR 74.7, the exemption is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants


Mr. Joseph H. Plona Vice President - Nuclear Generation Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI  48166
Detroit Edison Company an exemption to Fermi 2 from the requirements of 10 CFR 74.19(c) for physical inventory for those fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks. The annual physical inventory of all other SNM will continue to be performed per the requirements of 10 CFR 74.19(c).
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment (72 FR 70619).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 17th day of December 2007.
FOR THE NUCLEAR REGULATORY COMMISSION
                                      /RA/
Catherine Haney, Division Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation


October, 2007}}
Fermi 2 cc:
David G. Pettinari                        Wayne County Emergency Management Legal Department                          Division 688 WCB                                  10250 Middlebelt Road Detroit Edison Company                    Detroit, MI 48242 2000 2nd Avenue Detroit, MI 48226-1279                    Mr. Joseph H. Plona Vice President - Nuclear Generation Michigan Department of Environmental      Detroit Edison Company Quality                                  Fermi 2 - 210 NOC Waste and Hazardous Materials Division    6400 North Dixie Highway Radiological Protection and Medical Waste Newport, MI 48166 Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 N Dixie Highway Newport, MI 48166 Mr. M. V. Yudasz, Jr., Director Monroe County Emergency Management Division 965 South Raisinville Road Monroe, MI 48161 Ronald W. Gaston Manager, Nuclear Licensing Detroit Edison Company Fermi 2 - 200 TAC 6400 North Dixie Highway Newport, MI 48166 Supervisor - Electric Operators Michigan Public Service Commission P.O. Box 30221 Lansing, MI 48909 October, 2007}}

Revision as of 01:52, 23 November 2019

Exemption from the Requirements of 10 CFR 74.19(c) Regarding the Frequency of Physical Inventory of Special Nuclear Material in the Spent Fuel Pool, TAC MD5416
ML073110482
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 12/17/2007
From: Adrian Muniz
NRC/NRR/ADRO/DORL/LPLIII-1
To: Jennifer Davis
Detroit Edison
muniz A, ADRO/DORL/415-4044
References
TAC MD5416
Download: ML073110482 (7)


Text

December 17, 2007 Mr. Jack M. Davis Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI 48166

SUBJECT:

FERMI 2 C EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 74.19(c)

REGARDING THE FREQUENCY OF PHYSICAL INVENTORY OF SPECIAL NUCLEAR MATERIAL IN THE SPENT FUEL POOL (TAC NO. MD5416)

Dear Mr. Davis:

The Commission has approved the enclosed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 74, Section 74.19(c), for Fermi 2. This action is in response to your letter dated April 27, 2007, as supplemented by letter dated November 9, 2007.

A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Adrian Muniz, Project Manager Plant Licensing Branch III-1 Division of Operating Licensing Branch Office of Nuclear Reactor Regulation Docket No. 50-341

Enclosure:

Exemption cc w/encl: See next page

ML073110482 OFFICE LPL3-1\PM LPL3-1\LA NMSS/FCSS/ NSIR/DSO/ LPL3-1\(A)BC MCAB/BC DDSO/RSOB NAME AMuniz THarris/via JMarshall BWestreich CMunson

  • email FPeduzzi for DATE 12/12/07 12/12/07 11/14/07 12/3/07 12/12/07 OFFICE DORL\D OGC/NLO DORL/D[sign]

NAME CHaney DRoth CHaney DATE 12/ /07 12/14/07 12/17/07

7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY.

FERMI 2 DOCKET NO. 50-341 EXEMPTION

1.0 BACKGROUND

Detroit Edison Company (the licensee) is the holder of Facility Operating License No. NPF-43, which authorizes operation of Fermi 2. 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 boiling-water reactor located in Monroe County, Michigan.

Fermi 2 is in the process of re-racking its spent fuel pool (SFP), which involves the replacement of some older racks with higher-density racks. The NRC approved the re-rack project in its letter dated January 25, 2001. A result of the re-rack effort is that some of the SFP floor space that was previously used to store miscellaneous items is no longer available, due to the addition of the new racks. To address this, Fermi 2 is introducing two Holtec Overhead Platforms (HOPs) to the SFP which are designed to be placed on two specific spent fuel storage racks as approved by the NRC in its letter dated January 25, 2001.

2.0 REQUEST/ACTION Title 10 of the Code of Federal Regulations (10 CFR), Part 74, Section 74.19(c), requires that each licensee authorized to possess special nuclear material (SNM), at any one time and site location, in a quantity greater than 350 grams of contained uranium-235, uranium-233, or plutonium, or any combination thereof, shall conduct a physical inventory of all SNM in its possession under license at intervals not to exceed 12 months.

By letter dated April 27, 2007, as supplemented by letter dated November 9, 2007, the licensee requested an exemption from the requirements of 10 CFR 74.19(c) to conduct a physical inventory of all special nuclear material at intervals not to exceed 12 months.

Specifically, the request is for exemption from the physical inventory requirements for those fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks.

3.0 DISCUSSION Pursuant to 10 CFR 74.7, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 74, when the exemptions are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.

Authorized by law This exemption would exempt the licensee from the requirements of 10 CFR 74.19(c) for the physical inventory requirements of the fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks. As stated above, 10 CFR 74.7 allows the NRC to grant exemptions from the requirements of 10 CFR Part 74. The NRC staff has determined that granting of the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commissions regulations. Therefore, the exemption is authorized by law.

Will not endanger life or property or common defense and security Administrative controls associated with the movement of the HOPs and the HOP itself (physical barrier) will prohibit movement of the fuel assemblies in the fuel storage racks below the HOPs when the HOPs are installed. The licensee submitted regulatory commitments in Enclosure 1 of the letter dated November 9, 2007, that provide further assurance that the SNM stored under the HOPs will be adequately controlled and accounted for by the licensee. The HOPs add another barrier for access to the SNM in the SFP, thus, increasing security of SNM stored under the HOPs when the HOPs are installed. Therefore, the exemption will not endanger life or property or common defense and security.

Otherwise in the public interest The licensee was previously approved by the NRC to install the HOPs as part of the licensees re-rack of Fermi 2 SFP. The re-rack project increased the capacity of the SFP from 2,414 to 4,608 fuel assemblies to provide full core discharge capability after June 2001. As discussed above, the HOPs are needed to be installed because, due to the addition of the new racks, some of the SFP floor space that was previously used to store miscellaneous items is no longer available. In order for the licensee to perform physical inventory of the SNM stored below the HOPs, the licensee would have to clear and uninstall the HOPs. The HOPs add another barrier for access to the SNM in the SFP, thus increasing security of SNM stored under the HOP when the HOPs are installed. An increase in security is beneficial to public interest. Therefore, the exemption is otherwise in the public interest.

4.0 CONCLUSION

Accordingly, the Commission has determined that, pursuant to 10 CFR 74.7, the exemption is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants

Detroit Edison Company an exemption to Fermi 2 from the requirements of 10 CFR 74.19(c) for physical inventory for those fuel assemblies that are stored under the HOPs when the HOPs are installed in the spent fuel racks. The annual physical inventory of all other SNM will continue to be performed per the requirements of 10 CFR 74.19(c).

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment (72 FR 70619).

This exemption is effective upon issuance.

Dated at Rockville, Maryland, this 17th day of December 2007.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Catherine Haney, Division Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Fermi 2 cc:

David G. Pettinari Wayne County Emergency Management Legal Department Division 688 WCB 10250 Middlebelt Road Detroit Edison Company Detroit, MI 48242 2000 2nd Avenue Detroit, MI 48226-1279 Mr. Joseph H. Plona Vice President - Nuclear Generation Michigan Department of Environmental Detroit Edison Company Quality Fermi 2 - 210 NOC Waste and Hazardous Materials Division 6400 North Dixie Highway Radiological Protection and Medical Waste Newport, MI 48166 Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 N Dixie Highway Newport, MI 48166 Mr. M. V. Yudasz, Jr., Director Monroe County Emergency Management Division 965 South Raisinville Road Monroe, MI 48161 Ronald W. Gaston Manager, Nuclear Licensing Detroit Edison Company Fermi 2 - 200 TAC 6400 North Dixie Highway Newport, MI 48166 Supervisor - Electric Operators Michigan Public Service Commission P.O. Box 30221 Lansing, MI 48909 October, 2007