ML15210A741
| ML15210A741 | |
| Person / Time | |
|---|---|
| Site: | Pennsylvania State University |
| Issue date: | 03/02/2016 |
| From: | Anthony Bowers NRC/NRR/DIRS/IFIB |
| To: | Alexander Adams NRC/NRR/DPR/PRAB |
| Michael A. Dusaniwskyj, 415-1260 | |
| References | |
| Download: ML15210A741 (4) | |
Text
March 2, 2016 MEMORANDUM TO: Alexander Adams, Chief Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation FROM: Anthony Bowers, Chief /RA/
Financial Analysis and International Projects Branch Division of Inspection and Regional Support Office of Nuclear Reactor Regulation
SUBJECT:
SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION FOR THE PENNSYLVANIA STATE UNIVERSITY REQUEST FOR EXEMPTION FROM 10 CFR PART 30 APPENDIX E DECOMMISSIONING FUNDING ASSURANCE FOR NON-POWER REACTORS Enclosed is the staffs safety evaluation to document its recommendation to approve the request by The Pennsylvania State University for an exemption from the reporting requirements and submittal of financial data under Title 10 of the Code of Federal Regulations (10 CFR) 50.75, Reporting and recordkeeping for decommissioning planning, and Appendix E to 10 CFR Part 30, Criteria Relating to Use of Financial Tests and Self-Guarantee for Providing Reasonable Assurance of Funds for Decommissioning by Nonprofit Colleges, Universities, and Hospitals, for license No. R-2. This effort was conducted under CAC MF5190 and may now be closed.
If you have any questions regarding this review please feel free to contact Michael A.
Dusaniwskyj of my staff.
Docket No.50-005
Enclosure:
Safety Evaluation for Penn State Extension CONTACT: Michael A. Dusaniwskyj, NRR/DIRS 301-415-1260
ML15210A741 OFFICE NRR/DIRS/IFIB NRR/DIRS/IFIB NAME MDusaniwskyj ABowers DATE 07/30/2015 03/02/2016 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR EXEMPTION FROM 10 CFR PART 30 APPENDIX E DECOMMISSIONING FUNDING ASSURANCE FOR NON-POWER REACTORS THE PENNSYLVANIA STATE UNIVERSITY DOCKET 50-005, LICENSE No. R-2
1.0 INTRODUCTION
By letter dated November 6, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession Number ML14321A408), The Pennsylvania State University (Penn State) requested that the U.S. Nuclear Regulatory Commission (NRC) grant a 180-day extension to the reporting requirements of Title 10 of the Code of Federal Regulations (10 CFR) 50.75, Reporting and recordkeeping for decommissioning planning, and Part 30, Appendix E, Criteria related to use of financial tests and self-guarantee for providing reasonable assurance of funds for decommissioning by non-profit colleges, universities and hospitals. This extension request is being made under 10 CFR 50.12, Specific Exemptions.
2.0 REGULATION
Penn State seeks an extension for compliance to 10 CFR 50.75 and 10 CFR Part 30, Appendix E, which requires that a non-profit college, university, or hospital using a self-guarantee for decommissioning funding assurance, shall after the initial financial test, repeat passage of the test and provide financial documentation of its continued eligibility to use the self-guarantee to the NRC 90 days after the close of each succeeding fiscal year.
The regulations at 10 CFR 50.12, Specific Exemptions, state in part:
(b) Any person may request an exemption permitting the conduct of activities prior to the issuance of a construction permit prohibited by § 50.10. The Commission may grant such an exemption upon considering and balancing the following factors:
(1) Whether conduct of the proposed activities will give rise to a significant adverse impact on the environment and the nature and extent of such impact, if any; (2) Whether redress of any adverse environment impact from conduct of the proposed activities can reasonably be effected should such redress be necessary; (3) Whether conduct of the proposed activities would foreclose subsequent adoption of alternatives; and (4) The effect of delay in conducting such activities on the public interest, including the power needs to be used by the proposed facility, the availability of alternative sources, if any, to meet those needs on a timely basis and delay costs to the applicant and to consumers.
Enclosure
3.0 EVALUATION
According to Penn State, the requested exemption is permissible under 10 CFR 50.12 because the exemption will not present a risk to public health and safety; it is consistent with the common defense and security; and the 90-day requirement is not necessary to achieve the underlying purpose of the decommissioning funding rule. Penn State states that the basis for a longer financial recertification time period was presented during the license renewal process, and claims that the 90-day rule presents an undue hardship for Penn State. Specifically, Penn States final financial statements are not available within 90-days of the close of the Universitys fiscal year. This is due, in part, to the length of time necessary for auditing the finances of this large and complex financial institution. In addition, Penn State asserts that the requested exemption in no way reduces the effectiveness of the approved decommissioning plan.
Based on staffs review of Penn States submittal, the NRC has no reason to believe that by granting this extension, it will present an undue risk to public health and safety and common defense and security, or undermine the intent of these regulations; therefore, the staff recommends that the Commission grant the requested exemption.
The staff notes that its recommendation to approve Penn States exemption from the reporting requirements of 10 CFR 50.75 and Appendix E to 10 CFR Part 30 will only provide the University with temporary relief from these regulations. The staff also notes that the licensee has made good faith efforts to comply with these reporting requirements.
4.0 CONCLUSION
The NRC staff finds that the exemption should be granted. The staff concludes that the requested exemption is authorized by law; will not present an undue risk to public health and safety and common defense and security, and special circumstances are present in that compliance results in an undue hardship for the University.
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