ML17069A394

Ltr to D. Heacock Response to Kewaunee Power Station Request for Exemption from Record Retention Requirements (L53174)

ML17069A394
Person / Time
Site:	Kewaunee
Issue date:	05/10/2017
From:	Carter T H Reactor Decommissioning Branch
To:	Heacock D A Dominion Energy Kewaunee
CARTER T, 415-5543, T08F5
Shared Package
ML17069A392	List: ML17069A394
References
CAC L53174
Download: ML17069A394 (15)

Text

^ NUCLEAR REGULATORY COMIVIISSION UNITED STATESREGULATORY C(*****WASHINGTON, D.C. 20555-0001 May 10, 2017Mr. David A. HeacockPresident

- Dominion NuclearDominion Energy Kewaunee, inc.InnsbrookTechnical Center5000 Dominion Bouievard Gien Allen, VA 23060-6711

SUBJECT:

KEWAUNEE POWER STATION - EXEMPTION FROM RECORD RETENTION REQUIREMENTS (CAC NO. L53174)

Dear Mr. Heacock:

The U.S. Nuclear Regulatory Commission has granted the enclosed partial exemption from therecord keeping requirements of Title 10 of the Code of Federal Regulations (10 CFR)Section 50.71(c):

10 CFR part 50, Appendix B, Criterion XVII; and 10 CFR 50.59(d)(3).

asrequested In your letter dated October 13, 2016. The requested exemption and application ofthe exemption will eliminate the requirements to maintain records that are no longer necessary due to the permanently shutdown and decommissioning status of the Kewaunee Power Stationfacility.

A copy of this exemption is enclosed and has been forwarded to the Office of the FederalRegister for publication.

If you have any questions concerning this evaluation, please contactme at (301) 415-5543 or via e-mail at ted.carter@nrc.aQV.

Sincerely, Ted H. Carter, Senior Project ManagerReactor Decommissioning BranchDivision of Decommissioning, Uranium Recovery, and Waste ProgramsOffice of Nuclear Material Safetyand Safeguards Docket Nos. 50-305

Enclosure:

Fee/era/Reg/sfer Notice Granting Exemption cc: Distribution via Listserv NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-305; NRC-2017-XXXX]

Dominion Energy Kewaunee, Inc.Kewaunee Power StationAGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; Issuance.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is Issuing a partial exemption inresponse to an October 13, 2016, request from Dominion Energy Kewaunee, Inc. (the licenseeor DEK). The issuance of the exemption would grant DEK a partial exemption from regulations that require the retention of records for certain systems, structures, and components associated with the Kewaunee Power Station (KPS) until the termination of the KPS operating license.DATES: The exemption was issued on May 10, 2017.ADDRESSES:

Please refer to Docket ID NRC-2017-XXXX when contacting the NRC about theavailability of information regarding this document.

You may obtain publicly-available information related to this document using any of the following methods:* Federal Rulemaklng Web Site: Go to httD://www.reaulations.Qov and search forDocket ID NRC-2017-XXXX.

Address questions about NRC dockets to Carol Gallagher; telephone:

301-415-3463; e-mail: Caroi.Gallaaherfainrc.aov.

For technical questions, contactthe individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

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• NRC's Agencywide Documents Access and Management System (ADAMS):You may obtain publicly available documents online In the ADAMS Public Documents collection at httD://www.nrc.aov/readina-rm/adams.html.

To begin the search, select "ADAMS PublicDocuments" and then select "Beoin Web-based ADAMS Search."

For problems with ADAMS,please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to Ddr.resource@nrc.aov.

The ADAMS accession number for eachdocument referenced In this notice (If that document is available in ADAMS) Is provided the firsttime that a document is referenced.

• NRC's PDR: You may examine and purchase copies of public documents at theNRC's PDR, Room 01-F21, One White Flint North, 11555 Rockvilie Pike, Rockvllle, Maryland20852.FOR FURTHER INFORMATION CONTACT:

Ted H. Carter, Office of Nuclear Material Safetyand Safeguards:

U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; telephone:

301-415-5543; e-mail: Ted.Carter@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background By letter dated May 14, 2013, DEK submitted a certification of permanent removal of fuelfrom the KPS reactor vessel (ADAMS Accession No. ML13135A209).

Consequently, the part 50of title 10 of the Code of Federal Regulations (10 CFR) license for KPS no longer authorizes operation of the reactor or emplacement or retention of fuel Into the reactor vessel, as specified in 10 CFR 50.82(a)(2).

The DEK's decommissioning plans for KPS are described in the PostShutdown Decommissioning Activities Report (PSDAR) submitted on April 25, 2014 (ADAMSAccession No. ML14118A382).

According to its PSDAR, DEK plans to decommission KPS using a SAFSTOR method inwhich most fluid systems are drained and the plant is left in a stable condition until finaldecontamination and dismantlement activities begin. The irradiated fuel will be stored in theIndependent Spent Fuel Storage Installation (ISFSI) until it is shipped off site. With the reactorand the spent fuel pool (SFP) emptied of fuel, the reactor, reactor coolant system, secondary system, and SFP (including its support systems) will no longer be in operation and will have nofunction related to the safe storage and management of irradiated fuel.II. Request/Action By letter dated October 13,2016 (ADAMS Accession No. ML16291A494),

DEK filed arequest for NRC approval of an exemption from the record retention requirements of: 1)10CFR part 50, appendix B, Criterion XVII, "Quality Assurance Records,"

which requires certainrecords (e.g., results of inspections, tests, and materials analyses) be maintained consistent with applicable regulatory requirements;

2) 10 CFR 50.59(d)(3),

which requires that records ofchanges in the facility must be maintained until termination of a license issued pursuant to 10CFR part 50; and 3) 10 CFR 50.71(c),

which requires certain records to be retained for theperiod specified by the appropriate regulation, license condition, or technical specification, oruntil termination of the license if not otherwise specified.

The licensee proposed to eliminate:

1) records associated with structures,

systems, andcomponents (SSCs) and activities that were applicable to the nuclear unit, which are no longer required by the 10 CFR part 50 licensing basis (i.e., removed from the Updated Safety AnalysisReport and/or Technical Specifications by appropriate change mechanisms; and 2) recordsassociated with the storage of spent nuclear fuel in the SFP once all fuel has been removedfrom the SFP and the KPS license no longer allows storage of fuel In the SFP. The licenseecites record retention exemptions granted to ZIon Nuclear Power Station, Units 1 and 2(ADAMS Accession No. ML111260277),

Millstone Power Station, Unit 1 (ADAMS Accession No. ML070110567),

Vermont Yankee Nuclear Power Station (ADAMS Accession No. ML15344A243),

and San Onofre Nuclear Generating

Station, Units 1, 2, and 3 (ADAMSAccession No. ML15355A055),

as examples of the NRC granting similar requests.

Records associated with residual radiological activity and with programmatic controlsnecessary to support decommissioning, such as security and quality assurance, are not affectedby the exemption request because they will be retained as decommissioning records until thetermination of the KPS license.

In addition, the licensee did not request an exemption associated with any other recordkeeping requirements for the storage of spent fuel at its ISFSIunder 10 CFR part 50 or the general license requirements of 10 CFR part 72. No exemption was requested from the decommissioning records retention requirements of 10 CFR 50.75, orany other requirements of 10 CFR part 50 applicable to decommissioning and dismantlement.

I. 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 50when 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.

However, the Commission will not consider granting an exemption unless special circumstances are present.

Specialcircumstances are described in 10 CFR 50.12(a)(2).

As described in the PSDAR, many of the KPS reactor facility SSCs are planned to beabandoned in place pending dismantlement.

Abandoned SSCs are no longer operable ormaintained.

Following permanent removal of fuel from the SFP, those SSCs required to supportsafe storage of spent fuel in the SFP will also be abandoned.

In its October 13, 2016,exemption

request, the licensee stated that the basis for eliminating records associated withreactor facility SSCs and activities is that these SSCs have been (or will be) removed fromservice per regulatory change processes, dismantled or demolished, and no longer have anyfunction regulated by the NRC.The DEK recognizes that some records related to the nuclear unit will continue to beunder NRC regulation primarily due to residual radioactivity.

The radiological and othernecessary programmatic controls (such as security, quality assurance, etc.) for the facility andthe implementation of controls for the defueled condition and the decommissioning activities areand will continue to be appropriately addressed through the license and current plantdocuments such as the Updated Safety Analysis Report and Technical Specifications.

Exceptfor future changes made through the applicable change process defined in the regulations (e.g.,10 CFR 50.48(f),

10 CFR 50.59, 10 CFR 50.90, 10 CFR 50.54(a).

10 CFR 50.54(p),

10 CFR50.54(q),

etc.), these programmatic elements and their associated records are unaffected by therequested exemption.

Records necessary for SFP SSCs and activities will continue to be retained through theperiod that the SFP is needed for safe storage of irradiated fuel. Analogous to other plant

records, once the SFP is permanently emptied of fuel, there will be no need for retaining SFPrelated records.The licensee's general justification for eliminating records associated with KPS SSCsthat have been or will be removed from service under the NRC license, dismantled, ordemolished, is that these SSCs will not in the future serve any KPS functions regulated by theNRC. The DEK's dismantlement plans involve evaluating SSCs with respect to the currentfacility safety analysis; progressively removing them from the licensing basis where necessary through appropriate change mechanisms (e.g., 10 CFR 50.59 or via NRC-approved technical specification

changes, as applicable);

revising the Defueied Safety Analysis Report and/orUpdated Safety Analysis Report as necessary; and then proceeding with an orderlydismantlement.

Dismantlement of the plant structures will also include dismantling existingrecords storage facilities.

The DEK intends to retain the records required by its license as the facility's decommissioning transitions as described in the PSDAR. However, equipment abandonment will obviate the regulatory and business needs for maintenance of most records.

As the SSCsare removed from the licensing basis, DEK asserts that the need for their records is, on apractical basis, eliminated.

Therefore, DEK is requesting exemption from the associated recordsretention requirements for SSCs and historical activities that are no longer relevant.

Approval ofthe requested exemption would elirninate the associated burden of creating alternative recordstorage locations, and relocating records to, and retaining records in the alternative locations forthose records relevant only to past power operations.

The DEK is not requesting exemption from any recordkeeping requirements for storage of spent fuel at an ISFSI under 10 CFR part50 or the general license requirements of 10 CFR part 72.

The Exemption is Authorized by LawThe NRC staff has determined that granting the licensee's proposed exemption will notresult in a violation of the Atomic Energy Act of 1954, as amended, other laws, or theCommission's regulations.

Therefore, the exemption from the recordkeeping requirements of10 CFR 50.71(c);

10 CFR part 50, appendix B, Criterion XVil; and 10 CFR 50.59(d)(3) isauthorized by law.The Exemption Presents no Undue Risk to Public Health and SafetyRemoval of the underlying SSCs associated with the records for which KPS hasrequested an exemption from recordkeeping requirements has been or will be determined bythe licensee to have no adverse public health and safety impact, in accordance with 10 CFR50.59 or an NRC-approved license amendment.

These change processes involve either adetermination by the licensee or an approval from the NRC that the affected SSCs no longerserve any safety purpose regulated by the NRC. Elimination of records associated with theseremoved SSCs can have no impact to public health and safety.The partial exemption from the recordkeeping requirements of 10 CFR 50.71(c);

10 CFRpart 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the records described isadministrative in nature and will have no impact on any remaining decommissioning activities oron radiological effluents.

The exemption will only advance the schedule for disposition of thespecified records.

Considering the content of these records, the elimination of these records onan advanced timetable will have no reasonable possibility of presenting any undue risk to thepublic health and safety.

The Exemption is Consistent with the Common Defense and SecurityThe elimination of the recordkeeping requirements does not involve information oractivities that could potentially impact the common defense and security of the United States.Upon dismantlement of the affected SSCs, the records have no functional purpose relative tomaintaining the safe operation of the SSCs, maintaining conditions that would affect the ongoinghealth and safety of workers or the public, or informing decisions related to nuclear security.

Rather, the exemption requested is administrative in nature and would only advance thecurrent schedule for disposition of the specified records.

Therefore, the partial exemption fromthe recordkeeping requirements of 10 CFR 50.71(c):

10 CFR part 50, appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the types of records described is consistent with the commondefense and security.

Special Circumstances Paragraph 50.12(a)(2) states, in part: "The Commission will not consider granting anexemption unless special circumstances are present.

Special circumstances are presentwhenever:

... (ii) Application of the regulation in the particular circumstances would not servethe underlying purpose of the rule or Is not necessary to achieve the underlying purpose of therule; [and] (III) Compliance would result in undue hardship or other costs that are significantly inexcess of those contemplated when the regulation was adopted ... ."Criterion XVII of 10 CFR Part 50, Appendix B, states in part: "Sufficient records shall bemaintained to furnish evidence of activities affecting quality."

Paragraph 50.59(d)(3) states in part: "The records of changes In the facility must bemaintained until the termination of an operating license issued under this part... ."

Paragraph 50.71(c),

states in part: "Records that are required by the regulations in thispart or Part 52 of this chapter, by license condition, or by technical specifications must beretained for the period specified by the appropriate regulation, license condition, or technical specification.

If a retention period is not othen/vise specified, these records must be retaineduntil the Commission terminates the facility license...."

In the Statement of Considerations (SOC) for the final rulemaking, "Retention Periods forRecords" (53 FR 19240; May 27, 1988), in response to public comments received during therulemaking

process, the NRC stated that records must be retained "for NRC to ensurecompliance with the safety and health aspects of the nuclear environment and for the NRC toaccomplish its mission to protect the public health and safety."

in the SOC the Commission alsoexplained that requiring licensees to maintain adequate records assists the NRC "in judgingcompliance and noncompliance, to act on possible noncompliance, and to examine facts asnecessary following any incident."

These regulations apply to licensees in decommissioning despite the fact that, during thedecommissioning

process, safety-related SSCs are retired or disabled and subsequently removed from NRC licensing basis documents by appropriate change mechanisms.

Appropriate removal of an SSC from the licensing basis requires either a determination by thelicensee or an approval from the NRC that the SSC no longer has the potential to cause anaccident, event, or other problem which would adversely impact public health and safety.The records subject to removal under this exemption are associated with SSCs that hadbeen important to safety during power operation or operation of the SFP but are no longercapable of causing an event, incident, or condition that would adversely impact public healthand safety, as evidenced by their appropriate removal from the licensing basis documents, ifthe SSCs no longer have the potential to cause these scenarios, then it is reasonable to conclude that the records associated with these SSCs would not reasonably be necessary toassist the NRC in determining compliance and noncompiiance, taking action on possiblenoncompliance, and examining facts following an incident.

Therefore, their retention would notserve the underlying purpose of the rule.In addition, once removed from the licensing basis documents, SSCs are no longergoverned by the NRC's regulations, and therefore are not subject to compliance with the safetyand health aspects of the nuclear environment.

As such, retention of records associated withSSCs that are or will no longer be part of the facility serves no safety or regulatory

purpose, nordoes it serve the underlying purpose of the rule of maintaining compliance with the safety andhealth aspects of the nuclear environment in order to accomplish the NRC's mission.Accordingly, special circumstances are present which the NRC may consider, pursuant to10 CFR 50.12(a)(2)(ii),

to grant the requested exemption.

Records which continue to serve the underlying purpose of the rule, that is, to maintaincompliance and to protect public health and safety in support of the NRC's mission, will continueto be retained pursuant to the regulations in 10 CFR part 50 and 10 CFR part 72. Theseretained records not subject to the exemption include those associated with programmatic

controls, such as those pertaining to residual radioactivity,

security, and quality assurance, aswell as records associated with the ISFS! and spent fuel assemblies.

The retention of records required by 10 CFR 50.71(c):

10 CFR part 50, appendix B,Criterion XVII; and 10 CFR 50.59(d)(3) provides assurance that records associated with SSCswill be captured,

indexed, and stored in an environmentally suitable and retrievable condition.

Given the volume of records associated with the SSCs, compliance with the records retention rule results in a considerable cost to the licensee.

Retention of the volume of recordsassociated with the SSCs during the operational phase is appropriate to serve the underlying 10 purpose of determining compliance and noncompliance, taking action on possiblenoncompliance, and examining facts following an incident, as discussed.

However, the cost effect of retaining operational phase records beyond the operations phase until the termination of the license was not fully considered or understood when therecords retention rule was put in place. For example, existing records storage facilities are ofteneliminated as decommissioning progresses.

Retaining records associated with SSCs andactivities that no longer serve a safety or regulatory purpose would therefore necessitate creation of new facilities and retention of otherwise unneeded administrative support personnel.

As such, compliance with the rule would result in an undue cost in excess of that contemplated when the rule was adopted.

Accordingly, special circumstances are present which the NRCmay consider, pursuant to 10 CFR 50.12(a)(2)(iii),

to grant the requested exemption.

Environmental Considerations Pursuant to 10 CFR 51.22(b) and (c)(25),

the granting of an exemption from therequirements of any regulation in Chapter I of 10 CFR is a categorical exclusion provided that:1) there is no significant hazards consideration;

2) there is no significant change in the types orsignificant increase in the amounts of any effluents that may be released offsite;

3) there is nosignificant increase in individual or cumulative public or occupational radiation exposure; 4)there is no significant construction impact; 5) there is no significant increase in the potential foror consequences from radiological accidents; and 6) the requirements from which an exemption is sought are among those identified in 10 CFR 51.22(c)(25)(vi).

The NRC staff has determined that approval of the exemption request involves nosignificant hazards consideration because allowing the licensee exemption from therecordkeeping requirements of 10 CFR 50.71(c);

10 CFR part 50, appendix B, Criterion XVII;11 and 10 CFR 50.59(d)(3) at the decommissioning Kewaunee Power Station does not: 1) Involvea significant increase in the probability or consequences of an accident previously evaluated; 2)create the possibility of a new or different kind of accident from any accident previously evaluated; or 3) involve a significant reduction in a margin of safety (10 CFR 50.92(c)).

Likewise, there is no significant change in the types or significant increase in the amounts of anyeffluents that may be released

offsite, and no significant increase in individual or cumulative public or occupational radiation exposure.

The exempted regulations are not associated with construction, so there is no significant construction impact. The exempted regulations do not concern the source term (i.e., potential amount of radiation involved an accident) or accident mitigation; therefore, there is no significant increase in the potential for, or bonsequences from, radiological accidents.

Allowing thelicensee partial exemption from the record retention requirements for which the exemption issought involves recordkeeping requirements, as well as reporting requirements of anadministrative, managerial, or organizational nature.Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25),

no environmental impact statement or environmental assessment need be prepared in connection with theapproval of this exemption request.IV. Conclusions The NRC staff has determined that the requested partial exemption from therecordkeeping requirements of 10 CFR 50.71(c);

10 CFR part 50, appendix B, Criterion XVII;and 10 CFR 50.59(d)(3) will not present an undue risk to the public health and safety. Thedestruction of the identified records will not impact remaining decommissioning activities; plantoperations, configuration, and/or radiological effluents; operational and/or installed SSCs that12 are quality-related or important to safety; or nuclear security.

The NRC staff has determined that the destruction of the identified records is administrative in nature and does not involveinformation or activities that could potentially impact the common defense and security of theUnited States.The purpose for the recordkeeping regulations is to assist the NRC in carrying out itsmission to protect the public health and safety by ensuring that the licensing and design basis ofthe facility is understood, documented, preserved and retrievable in such a way that will aid theNRC in determining compliance and noncompliance, taking action on possible noncompliance, and examining facts following an incident.

Since the KPS SSCs that were safety-related orimportant to safety have been or will be removed from the licensing basis and removed from theplant, the staff agrees that the records identified in the partial exemption will no longer berequired to achieve the underlying purpose of the records retention rule.Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, theexemption 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.

Also, special circumstances arepresent.

Therefore, the Commission hereby grants the Dominion Energy Kewaunee, inc. apartial exemption from the recordkeeping requirements of 10 CFR 50.71(c);

10 CFR part 50,13 appendix B, Criterion XVII; and 10 CFR 50.59(d)(3) for the Kewaunee Power Station to advancethexschedule to remove records associated with SSCs that have been or will be removed fromNRG licensing basis documents by appropriate change mechanisms.

This exemption is effective upon issuance.

Dated at Rockville,

Maryland, this Kf day of May 2017.For the Nuclear Regulatory Commission.

phn R. Tapperf;

Director,

)lvision of Decommissioning, Uranium Recoveryand Waste Programs, Office of Nuclear Material Safety and Safeguards.

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