ML20195F227

Forwards Request for Exemption from Certain Requirements of 10CFR73 Re Physical Protection of Plants & Matls.Request Withheld,Per 10CFR73.21

ML20195F227
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	11/12/1998
From:	Powers K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 9811190216
Download: ML20195F227 (6)

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1 ATTACHMENT CONTAINS SAFEGUARDS INFORMATION WITHHOLD FROM PUBLIC DISCLOSURE ggggggggy g A OGEnergy ra'ipany Bog Rock P>nt Nuclear Plant Kenne n F. M eets 10269 W31 Norm Site GeneralManager Charlevoix. MI 49720 1

November 12, 1998 Nuclear Regulatory Commission Document Control Desk Washington DC 20555 - 0001 DOCKET 50 155 - LICENSE DPR 6 BIG ROCK P0 INT PLANT - REQUEST FOR EXEMPTION FROM CERTAIh REQUIREMENTS OF 10 CFR 73. PHYSICAL PROTECTION OF PLANTS A MATERIALS Consumers Energy Company notified the Nuclear Regulatory Commission (NRC) by letters dated June 18. and June 26. 1997, of its intentions to permanently cease operations of the Big Rock Point Nuclear Plant by August 30, 1997. On August 29. 1997, the plant was shutdown as certified. On September 22. 1997, a letter pursuant to 10 CFR 50.82(a)(1)(ii) was forwarded to the Commission, certifying that the fuel has been removed from the reactor vessel and placed in the spent fuel pool for storage. In accordance with 10 CFR 50.82(a)(2).

up6n docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the renctor vessel, the 10 CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.

As a result of the permanent shutdown and defueled status of the Big Rock Point facility. Consumers Energy Company has concluded that certain aspects of the security plan can be discontinued. With more than 400 days of radiological and heat decay since the plant was shut down on August 29. 1997, the potential source term of gaseous and volatile s u:ia nuclides associated with the remaining design-basis accidents and radiological sabotage has decreased substantially. The following ten (10) exemptions from 10 CFR 73.

pursuant to 10 CFR 50.12. are requested to allow the implementation of a revised Defueled Security Plan that is appropriate for the permanently l

shutdown and defueled reactor facility:

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ATTACHMENT CONTAINS SAFEGUARDS INFORMATION WITHHOLD FROM PUBLIC DISCLOSURE

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(1) eliminate need for licensed operator to suspend safeguards (2) eliminate all vital areas (3) eliminate 0.2 foot candle requirement inside the protected area (4) eliminate requirement for control room to be bullet resistant (5) eliminate requirement to park designated vehicle inside the protected area (6) extend time between audits (from 12 to 24 months)

(7) eliminate secondary alarm station and backup power for non portable communication equipment (8) reduce the number of armed guards (9) temporarily block interior isolation zone, and (10) terminate the use of shotguns.

Attachment I Request for Exemption from Certain Requirements of 10 CFR 73, Physical Protection of Plants and Materials - Overview, provides general information related to the request that is not considered by the Big Rock Point staff to be safeguards information. Attachment II. Request for Exemption from Certain Requirements of 10 CFR 73 Physical Protection of Plants and Materials, contains SAFEGUARDS INFORMATION as specified in 10 CFR 73.21. and shall be protected against unauthorized disclosure. Therefore, when separated from Attachment II, this letter may be decontrolled.

Please forward any questions concerning this submittal to Michael D Bourassa.

Licensing Supervisor. Big Rock Point Plant Restoration Project.

Kenneth P Powers Site General Manager i

CC: Administrator. Region III. USNRC "A HaA

' NRC Resident Inspector - Big Rock Point "/o AwcA NRR Project Manager - OWFN w/o A%

ATTACHMENT (s)

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ATTACHMENT CONTAINS SAFEGUARDS INFORMATION WITHHOLD FROH PUBLIC DISCLOSURE 4

ATTACHMENT 1 CONSUMERS ENERGY COMPANY BIG ROCK POINT PLANT DOCKET 50 155 REQUEST FOR EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR 73, PHYSICAL PROTECTION OF PLANTS AND HATERIALS Overview 7

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ATTACHMENT CONTAINS SAFEGUARDS INFORMATION WITHHOLD FROM PUBLIC DISCLOSURE k

I. Reouest for Exemotion Consumers Energy Company notified the Nuclear Regulatory Commission (NRC) by letters dated June 18. and June 26, 1997. of its intentions to permanently cease operations of the Big Rock Point Nuclear Plant by August 30, 1997. On August 29, 1997, the plant was shutdown as certified. On September ??.1997, a letter pursuant to 10 CFR 50.82(a)(1)(ii) was forwarded to the Comm b ion, certifying that the fuel has been removed from the reactor vessel and placed in the spent fuel pool for storage. In accordance with 10 CFR 50.82(a)(2),

upon docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel, the 10 CFR part 50 license no longer authorizes operation of the reactor or emplacement or retention of fuel into the reactor vessel.

Consumers Energy Company has concluded that certain aspects of the security plan can be discontinued given that Big Rock Point has permanently defueled and is in the process of decommissioning. Therefore. Consumers Energy Company formally requests exemption (s) pursuant to 10 CFR 50.12 from 10 CFR 73.

II. Justification for Grantina the Exemotion The specific requirements. for granting exemptions from Part 50 regulations are set forth in 10 CFR 50.12. Specific Exemptions. Under Section 50.12(a)(1), the Commission is authorized to grant an exemption upon a demonstration that the 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.

Under Section 50.12 (a)(2), special circumstances must exist for the NRC to consider the exemption request. Special circumstances include particular circumstances where the application of the regulation would r.ot serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule and undue hardship or costs that are significantly in excess of those incurred by others similarly situated. The following justification addresses those circumstances and demonstrates that the Commission could grant the requested exemption.

1. Application of the regulation would not serve the underlying purpose of the rule.

The underlying purpose of 10 CFR Part 73 as stated in 10 CFR 73.1(a) and 73.20 is (1) to provide high assurance that activities involving special nuclear material are not contrary to the common defense and security, and do not constitute an unreasonable risk to the public health and safety, and (2) establish and maintain a physical protection system which has the capability to protect special nuclear material against theft and acts of WHEN SEPARATED FROM ENCLOSURE HANDLE THIS DOCUMENT AS DECONTROLLED

ATTACHMENT CONTAINS SAFEGUARDS INFORMATION WITHHOLD FROM PUBLIC DISCLOSURE rad.iological sabotage.

With more than 400 days of radiological and heat decay since the plant was shut down on August 29. 1997, the potential source term of gaseous and volatile radionuclides associated with the remaining design-basis accidents and radiological sabotage has decreased to the point that offsite doses exceeding the U.S. Environmental Protection Agency (EPA)

Protective Action Guidelines and 10 CFR Part 100 Release Limits is not credible.

Based on the analyses that support this conclusion, the Commission recently approved a " Request From Certain Requirements of 10 CFR 50.54(q) Regarding Offsite Emergency Planning Activities at Big Rock Point and Approval of Defueled Emergency Plan" dated September 30, 1998.

The approval allows Big Rock Point to discontinue offsite emergency I

planning activites and reduce the scope of onsite emergency planning as a result of its permenently shutdown and defueled status. The Commission also notified the Federal Emergency Management Agency (FEMA) by letter dated September 30, 1998, that the NRC no longer requires FEMA to monitor, i

review, or report on offsite radiological emergency planning and preparedness activities at Big Rock Point.

Issuing the requested exemptions will allow the Defueled Security Plan to be appropriately revised to provide reasonable assurance that special nuclear material located in a defueled facility will be adequately protected, satisfying the underlying purpose of the rule. Therefore, full compliance with Part 73 for t le permanently defueled plant is not essential to serve the underlying purpose of the rule.

2. Undue hardship or costs that are significantly in excess of those incurred by others similarly situated.

l The costs associated with security activities at nuclear facilities should l

be commensurate with the risk. Since the offsite radiological risk associated with the plant has been significantly reduced as previously i

discussed requiring full compliance with the applicable regulations would result in costs that do not provide any additional benefit.

Consumers Energy Company is responsible for ensuring that adequate funds are available to complete the decommissioning of the facility.

Full compliance with certain requirements of 10 CFR 73 that are clearly meant for operating reactor facilities would result in undue financial and administrative hardship for Big Rock Point. Consumers Energy, stockholders and ratepayers.

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ATTACHMENT CONTAINS SAFEGUARDS INFORMATION WITHHOLD FROM PUBLIC DISCLOSURE III. Conclusion Based on the discussion presented above. Consumers Energy Company has concluded that the requested exemption from portions of 10 CFR 73 is justified. The Big Rock Point staff believes that the Commission will find that it is authorized by law, will not present undue risk to the public health and safety and is consistent with the common defense and security. This exemption satisfies the requirements of 10 CFR 50.12(a)(2)(ii) in that imposing requirements to maintain security requirements conmensurate with an operating reactor facility is no longer necessary to achieve the underlying purpose of the rule because the facility has ceased operation, and radiological risk to the public has been significantly reduced. The exemption also satisfies the requirements of 10 CFR 50.12(a)(2)(iii) in that requiring full compliance with the applicable regulations would result in costs that are significantly in excess of those contemplated when the regulation was adopted and do not provide any additional benefit.

IV. Environmental Imoact Given that the consequences of an act of sabotage resulting in the release of radioactive material contained in spent fuel at a the Big Rock Point Restoration Project has been significantly reduced, an exemption from certain requirements of 10 CFR 73 should be acceptable to the Commission.

The proposed change will not increase the probability or consequences of accidents, no changes are being made in the types or quantity of radioactive or non-radioactive effluents, and there is no significant increase in the allowable individual or cumulative occupational exposure. Therefore, the proposed exemption will not have a significant impact on the environment.

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