ML070680346

John Keenan Ltr Humboldt Bay Power Plant Unit 3 - Issuance of Amendment Regarding License Condition 2.b.3(c) (TAC No. J00319)

ML070680346
Person / Time
Site:	Humboldt Bay
Issue date:	04/17/2007
From:	John Hickman NRC/FSME/DWMEP/DURLD
To:	Kennan J Pacific Gas & Electric Co
Hickman, John NMSS/DWMEP 301-415-3017
Shared Package
ML070710193	List: ML070680346
References
TAC J00319
Download: ML070680346 (11)

Text

April 17, 2007 Mr. John S. Keenan Senior Vice President - Generation and Chief Nuclear Officer Pacific Gas and Electric Company PO Box 770000 Mail Code B32 San Francisco, CA 94177-0001

SUBJECT:

HUMBOLDT BAY POWER PLANT UNIT 3 - ISSUANCE OF AMENDMENT REGARDING LICENSE CONDITION 2.B.3(C) (TAC NO. J00319)

Dear Mr. Keenan:

The Commission has issued the enclosed Amendment No. 39 to Facility Operating License No.

DPR-7 for the Humboldt Bay Power Plant, Unit 3. The amendment consists of changes to the License in response to your application dated December 20, 2006.

The amendment revises License Condition 2.B.3(c) to allow the receipt, possession, and use of byproduct, source, or special nuclear material without restriction to amount or atomic number, for sample analysis or instrument calibration or associated with radioactive apparatus or components.

A copy of our related Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.

Sincerely,

/RA/

John B. Hickman, Project Manager 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. 50-133

Enclosures:

1. Amendment No. 39 to DPR-7

2. Safety Evaluation cc w/encls: See next page

April 17, 2007 Mr. John S. Keenan Senior Vice President - Generation and Chief Nuclear Officer Pacific Gas and Electric Company PO Box 770000 Mail Code B32 San Francisco, California 94177-0001

SUBJECT:

HUMBOLDT BAY POWER PLANT UNIT 3 - ISSUANCE OF AMENDMENT REGARDING LICENSE CONDITION 2.B.3(c) (TAC NO. J00319)

Dear Mr. Keenan:

The Commission has issued the enclosed Amendment No. 39 to Facility Operating License No.

DPR-7 for the Humboldt Bay Power Plant, Unit 3. The amendment consists of changes to the License in response to your application dated December 20, 2006.

The amendment revises License Condition 2.B.3(c) to allow the receipt, possession, and use of byproduct, source, or special nuclear material without restriction to amount or atomic number, for sample analysis or instrument calibration or associated with radioactive apparatus or components.

A copy of our related Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.

Sincerely,

/RA/

John B. Hickman, Project Manager 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. 50-133

Enclosures:

1. Amendment No. 39 to DPR-7

2. Safety Evaluation cc w/encls: See next page DISTRIBUTION:

DCD r/f RidsOgcMailCenter RidsAcrsAcnwMailCenter RidsRgn4MailCenter ML070710193 OFFICE DWMEP:PM DWMEP:LA DWMEP:BC OGC DWMEP:DD NAME JHickman TMixon CCraig JHull KMcConnell DATE 3/15/07 3/15/07 3/16/07 3/21/07 4/5/07 OFFICIAL RECORD COPY

Humboldt Bay Power Plant, Unit 3 Service List cc:

Mr. John S. Keenan Regional Administrator, Region IV Senior Vice President Generation and U.S. Nuclear Regulatory Commission Chief Nuclear Officer 611 Ryan Plaza Drive, Suite 400 Pacific Gas and Electric Company Arlington, TX 76011-8064 P. O. Box 770000 California Public Utilities Commission Mail Code B32 505 Van Ness, Room 4102 San Francisco, CA 94177-0001 San Francisco, CA 94102 Ms. Donna Jacobs California Public Utilities Commission Vice President, Nuclear Services 505 Van Ness, Room 4102 Diablo Canyon Power Plant San Francisco, CA 94102 P.O. Box 56 Avila Beach, CA 93424 Redwood Alliance P.O. Box 293 James Becker Arcata, CA 95521 Vice President - Diablo Canyon Operations and Station Director Dr. Rich Ferguson, Energy Chair Diablo Canyon Power Plant Sierra Club California PO Box 56 1100 11th Street, Suite 311 Avila Beach, CA 93424 Sacramento, CA 94814 R. Terry Nelson, Director and Plant Mr. Ed Bailey, Radiation Program Director Manager, Humboldt Bay Nuclear Radiologic Health Branch Pacific Gas & Electric Company State Department of Health Services 1000 King Salmon Avenue P.O. Box 997414 (MS 7610)

Eureka, CA 95503 Sacramento, CA 95899-7414 Mr. Antonio Fernandez, Esq. Commissioner Law Department California Energy Commission Pacific Gas & Electric Company 1516 Ninth Street Post Office Box 7442 Sacramento, CA 95814 San Francisco, CA 94120 Deputy Attorney General Chairman, Humboldt County Board State of California of Supervisors 110 West A Street, Suite 700 County Courthouse San Diego, CA 92101 825 Fifth Street Eureka, CA 95501 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services P.O. Box 997414 (MS 7610)

Sacramento, CA 95899-7414

PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-133 HUMBOLDT BAY POWER PLANT, UNIT 3 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 39 License No. DPR-7

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Pacific Gas and Electric Company (the licensee), dated December 20, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I; B. The facility will be maintained in conformity with the license, as amended, the provisions of the Act, and the applicable rules and regulations of the Commission; C. There is reasonable assurance: 1) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public; and 2) that such activities will be conducted in compliance with applicable portions of the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is hereby amended by changes to Possession Only License No.

DPR-7 as follows:

The word and is added to the end of paragraph 2.B.3.(a).

The semicolon and the word and are deleted from the end of paragraph 2.B.3.(b) and replaced with a period.

Enclosure 1

Paragraph 2.B.3.(c) is deleted and replaced with a new paragraph 2.B.4. to read as follows:

Pursuant to the Act and Title 10, CFR, Chapter I, Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components.

Existing paragraph 2.B.4. is renumbered 2.B.5.

3. This license amendment is effective as of the date of its issuance and shall be implemented within 60 days from the date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION Keith I. McConnell, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs

Attachment:

Changes to the Technical Specifications Date of Issuance: April 17, 2007

ATTACHMENT TO LICENSE AMENDMENT NO. 39 POSSESSION ONLY LICENSE NO. DPR-7 DOCKET NO. 50-133 Replace the following pages of the License with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

REMOVE INSERT Attachment

A. This license applies to the Humboldt Bay Power Plant Unit No. 3, consisting of a boiling water reactor (the facility) and associated components and equipment, which is owned by Pacific Gas and Electric Company (the licensee) and located in Humboldt County, California, and described in the licensees application dated April 27, 1959, as amended.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Pacific Gas and Electric Company:

,

1. Pursuant to Section 104b of the Act and Title 10, CFR, Chapter I,

• Part 50, Domestic Licensing of Production and Utilization Facilities,

• to possess but not operate the facility as a utilization facility at the

• Amndt designated location in Humboldt County, California, to continue to * #35 maintain this facility for the storage, control and maintenance of the

• 9/10/04 spent fuel in a safe condition, and to take actions necessary to

• decommission and decontaminate this facility. *

-

2. Pursuant to the Act and Title 10, CFR, Chapter I, Part 70, Domestic Licensing of Special Nuclear Material, to possess and use (a) 2 grams of uranium-235 in miniature ionization chambers; (b) 10 grams of uranium-235 in ionization chambers; and (c) 100 grams of plutonium encapsulated plutonium-beryllium neutron sources; and to possess (d) 1000 kilograms of contained uranium-235 at any one time.

3. Pursuant to the Act and Title 10, CFR, Chapter I, Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material, to receive, possess and use a maximum of:

(a) 12,000 curies of Antimony-124 in the form of two Antimony cylinders (for use in Antimony-Beryllium neutron sources) and 3000 curies of Antimony-124 in the form of two Antimony cylinders (for use in Antimony-Beryllium neutron sources) in ,

storage awaiting transfer offsite; and *

(b) 30 curies of cobalt 60 in the form of two sealed sources.

• Amndt

• #39

4. Pursuant to the Act and Title 10, CFR, Chapter I, Parts 30, 40, and 70,

• 4/17/07 to receive, possess, and use in amounts as required any byproduct,

• source, or special nuclear material without restriction to chemical or

• physical form, for sample analysis or instrument calibration or

• associated with radioactive apparatus or components. *

-

, Amndt

5. Pursuant to the Act and Title 10, CFR, Chapter I, Parts 30 and 70, to * #39 possess, but not to separate, such by product and special nuclear - 4/17/07 materials which were produced by operation of the reactor.

C. This license shall be deemed to contain and is subject to the conditions specified in Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Section 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70 of the Commissions regulations, and is subject to all applicable regulation sand orders of the Commission now or hereafter in effect, and is subject to the additional conditions specified or incorporated below.

1. The licensee shall fully implement and maintain in effect all provisions of the physical security plan previously approved by the Commission and all amendments and revisions made pursuant to the authority of 10 CFR Part 50.90 and 10 CFR Part 50.54(p). The plan, which contains Safeguards Information protected under 10 CFR Part 73.21, is entitled:

Humboldt Bay Power Plant, Unit No. 3, Physical Security Plan, with revisions submitted through November 17, 1986. The Guard Training and Qualification Plan and the Safeguards Contingency Plan are incorporated into the Physical Security Plan as Chapters 6 and 9, respectively.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 38, are hereby incorporated in the license. Pacific Gas and Electric Company shall maintain the facility in accordance with the Technical Specifications.

,

(3) With respect to changes to the facility or procedures described in the

• Added Decommissioning Plan, or changes to the Decommissioning Plan, and

• per the conduct of tests and experiments not described in the

• Amdt.

Decommissioning Plan, the provisions of 10 CFR 50.59 shall apply. * #29 7-95 D. This license amendment is effective as of the date of issuance and shall expire at midnight, November 9, 2015.

FOR THE NUCLEAR REGULATORY COMMISSION Lester S. Rubenstein, Acting Director Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Appendix A - Technical Specifications Date of Issuance: July 19, 1988

SAFETY EVALUATION BY OFFICE OF FEDERAL AND STATE MATERIALS AND ENVIRONMENTAL MANAGEMENT PROGRAMS RELATED TO AMENDMENT NO. 39 TO FACILITY OPERATING LICENSE NO. DPR-7 PACIFIC GAS AND ELECTRIC COMPANY HUMBOLDT BAY POWER PLANT, UNIT 3 DOCKET NO. 50-133

1.0 INTRODUCTION

By letter dated December 20, 2006, Pacific Gas and Electric Company (PG&E, the licensee) submitted a request for an amendment to Facility Operating License No. DPR-7 that would replace the current license condition 2.B.3(c) which addresses the receipt, possession, and use of byproduct materials with one which allows the receipt, possession, and use of byproduct, source, or special nuclear material without restriction to chemical or physical form or atomic number, for sample analysis or instrument calibration or associated with radioactive apparatus or components.

2.0 BACKGROUND

Humboldt Bay Power Plant (HBPP) was permanently shut down in July 1976, and, until recently, was in safe storage condition (SAFSTOR). SAFSTOR is the decommissioning method in which a nuclear facility is placed and maintained in a condition that allows the safe storage of radioactive components of the nuclear plant and subsequent decontamination to levels that permit license termination. A Decommissioning Plan (DP) was approved in July 1988. Subsequent to the 1996 License Termination rule, the licensee converted its DP into its Defueled Safety Analysis Report which is updated every two years. A Post Shutdown Decommissioning Activities Report was issued by the licensee in February 1998. The licensee is now engaged in some incremental decommissioning activities. In December 2003, PG&E formally submitted a license application to the U.S. Nuclear Regulatory Commission (NRC) for approval of a dry-cask Independent Spent Fuel Storage Installation (ISFSI) at the Humboldt Bay site. A license and safety evaluation report for the Humboldt Bay ISFSI were issued on November 17, 2005.

3.0 TECHNICAL EVALUATION

Currently License Condition 2.B.3. reads:

Pursuant to the Act and Title 10, CFR, Chapter I, Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material, to receive, possess and use a maximum of:

(c) 1 curie of various byproduct materials between atomic numbers 3 and 83 inclusive, and each of the radionuclides Am-241 and Ra-226, in any form, but not to exceed 100 millicuries of any one isotope.

The licensee is proposing to replace this license condition with one which reads:

Pursuant to the Act and Title 10, CFR, Chapter I, Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components.

The current license condition was included in the license that was issued by the NRC when HBPP entered the possess-but-not-operate SAFSTOR phase. The license, including License Condition 2.B.3(c), was proposed by PG&E on July 30, 1984, and approved and issued by the NRC on July 16, 1985, as Amendment No. 19 to the facility license. License Condition 2.B.3(c) was established based on the byproduct materials onsite at the time and not based on any safety issue. The licensee has now begun preparations for transfer of the spent fuel from the spent fuel pool to an onsite Independent Spent Fuel Storage Installation and for active decommissioning. Offsite equipment will need to be received to perform these activities.

However, review of potential equipment has revealed that some would be unsuitable due to radiological composition which contains atomic numbers not allowed by the current license condition.

The license condition proposed by the licensee is similar to the license condition currently in place for multiple decommissioning and operating nuclear power facilities. The incorporation of this flexible, yet controlled, licensing provision for the receipt, possession, and use of special nuclear, source, and byproduct materials will provide reasonable assurance that the applicable radiation protection requirements of 10 CFR Parts 20, 30, 40, and 70 will be met. As such the proposed change to the HBPP license condition is consistent with established NRC policy and is therefore, acceptable. Associated formatting changes are also made to accommodate the revised license condition. These changes are purely typographical and are acceptable.

4.0

SUMMARY

The changes proposed by this license amendment request will allow the receipt, possession, and use of byproduct, source, or special nuclear material without restriction to amount or atomic number, for sample analysis or instrument calibration or associated with radioactive apparatus or components. The NRC staff has reviewed the request and concluded that the licensees request is consistent with established NRC policy and is therefore, acceptable.

5.0 STATE CONSULTATION

In accordance with the Commission's regulations, the State of California was notified of the proposed issuance of the amendment. The State had no comments.

6.0 ENVIRONMENTAL CONSIDERATION

Pursuant to 10 CFR 51.21, 51.32, and 51.35, an Environmental Assessment (EA) and Finding of No Significant Impact were published in the Federal Register on April 13, 2007.

Based on the EA, the Commission has determined that issuance of this amendment will not have a significant effect on the quality of the human environment. Accordingly, it has been determined that a Finding of No Significant Impact is appropriate.

7.0 CONCLUSION

The staff has concluded, based on the considerations discussed above, that: 1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, and; 2) such activities will be conducted in compliance with the Commission's regulations, and the issuance of the amendment will not be inimical to the common defense and security nor to the health and safety of the public.

Principal Contributor: John Hickman Date: April 17, 2007