ML103370140

Erhard Koehler Ltr N.S. Savannah- Issuance of Exemption from Requirements of 10 CFR Part 50 and Part 73 Security Requirements (TAC No. J00383)

ML103370140
Person / Time
Site:	NS Savannah
Issue date:	10/12/2011
From:	Buckley J NRC/FSME/DWMEP/DURLD
To:	Koehler E US Dept of Transportation, Maritime Admin
Shared Package
ML103370098	List: ML103370140 ML103370185 ML103370199
References
TAC J00383
Download: ML103370140 (4)

Text

October 12, 2011 Mr. Erhard W. Koehler Senior Technical Advisor, N.S. Savannah U. S. Department of Transportation Maritime Administration (MAR-640.2) 1200 New Jersey Avenue, SE Washington, DC 20590-0001

SUBJECT:

N.S. SAVANNAH - ISSUANCE OF EXEMPTION FROM REQUIREMENTS OF 10 CFR PART 50 AND 10 CFR PART 73 SECURITY REQUIREMENTS (TAC NO. J00383)

Dear Mr. Koehler:

The Commission has granted U.S. Department of Transportation, Maritime Administration (MARAD), the licensee for the N.S. Savannah (NSS), the enclosed exemption from the requirements of 10 CFR 50.54(p) and 10 CFR Part 73. This action is in response to your letter dated November 8, 2010.

The Commission has determined that, pursuant to 10 CFR 50.12(a), an 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 based on the continued maintenance of appropriate security requirements for special nuclear material (SNM). Additionally, special circumstances are present based on the removal of the spent nuclear fuel containing special nuclear material from the 10 CFR Part 50 licensed site. Therefore, the Commission hereby grants MARAD an exemption from the requirements of 10 CFR 50.54(p) for the NSS.

The Commission has determined that, pursuant to 10 CFR 73.5, an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest based on the removal of the SNM which obviates the physical protection security requirements for the licensee. Therefore, the Commission hereby grants MARAD an exemption from the physical protection requirements of 10 CFR Part 73 for the NSS.

The part of this licensing action dealing with safeguards plans meets the categorical exclusion provision in, as that part of this action is an exemption from the requirements of the Commissions regulations and (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve safeguard plans. Therefore, that part of the action does not require either an environmental assessment or an environmental impact statement.

E. W Koehler 2 As previously stated, the part of this exemption dealing with safeguards plans met the categorical exclusion provision in 10 CFR Part 51.22(c)(25)(vi)(F). Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to the part of this exemption not dealing with safeguards plans (i.e.; transportation of SNM, interaction with emergency planning, and background checks) was published in the Federal Register on September 23, 2011 (76 FR 59174). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. The exemption will be published in the Federal Register.

In accordance with 10 CFR 2.390 of the NRC=s ARules of Practice For Domestic Licensing Proceedings and Issuance of Orders,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

John T. Buckley, Project Manager Reactor Decommissioning Branch 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.: 50-238

Enclosure:

Exemption cc w/encls:

NS Savannah Service List

E.W. Koehler 2 As previously stated, the part of this exemption dealing with safeguards plans met the categorical exclusion provision in 10 CFR Part 51.22(c)(25)(vi)(F). Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to the part of this exemption not dealing with safeguards plans (i.e.; transportation of SNM, interaction with emergency planning, and background checks) was published in the Federal Register on September 23, 2011 (76 FR 59174). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. The exemption will be published in the Federal Register.

In accordance with 10 CFR 2.390 of the NRC=s ARules of Practice For Domestic Licensing Proceedings and Issuance of Orders,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

John T. Buckley, Project Manager Reactor Decommissioning Branch 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.: 50-238

Enclosure:

Exemption cc w/encls:

NS Savannah Service List Distribution:

DWMEP r/f J Joustra, RI D Garner, NSIR ML103370098 OFFICE DWMEP/PM DWMEP/LA DWMEP/PM DWMEP/BC NAME JHickman CHolston JBuckley BWatson DATE / / 2011 12 / 7 / 2010 12 / 8 / 2010 12 / 08 / 2010 OFFICE NSIR OGC (NLO) DWMEP DWMEP NAME SWastler MWright KMcConnell JBuckley DATE 12 / 16 / 2010 9 / 2 / 2011 10/7/ 2011 10/12/ 2011 OFFICIAL RECORD COPY

NS Savannah Service List - John Buckley, Project Manager cc:

Mr. John C. Wiegand Decommissioning Program Manager U.S. Department of Transportation Maritime Administration (MAR-640.21) 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Mr. Greg Thornton N.S. SAVANNAH Facility Site Manager U.S. Department of Transportation Maritime Administration (MAR-640.22)

N.S. SAVANNAH 2215 Harbor Road Newport News, VA 23607 Mr. Jeffrey McMahon Ship Operations and Maintenance officer (SOMO)

Maritime Administration Norfolk International Terminals 7737 Hampton Boulevard Building 4D, Rm 211 Norfolk, VA 23505