Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40389

Specifications requirements,

administrative controls, and the fuel

handling equipment and procedures.

Therefore, the staff has determined that

the Licensee has demonstrated good

cause for the granting of the exemption,

thus the exemption should be granted.

III

Accordingly, the Commission has

determined that, pursuant to 10 CFR

70.14, this exemption is authorized by

law, will not endanger life or property

or the common defense and security,

and is otherwise in the public interest.

Therefore, the Commission hereby

grants Baltimore Gas and Electric

Company an exemption as described in

Section II above from 10 CFR 70.24,

‘‘Criticality Accident Requirements’’ for

Calvert Cliffs Nuclear Power Plant, Unit

Nos. 1 and 2.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment (61 FR 52959).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 18th day

of July 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–19802 Filed 7–25–97; 8:45 am]

BILLING CODE 7590–01–U

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–244]

Rochester Gas and Electric

Corporation, R. E. Ginna Nuclear

Power Plant

Exemption

I

The Rochester Gas and Electric

Corporation (the licensee) is the holder

of Facility Operating License No. DPR–

18, which authorizes operation of the R.

E. Ginna Nuclear Power Plant. The

license provides that the licensee is

subject to all rules, regulations, and

orders of the U.S. Nuclear Regulatory

Commission (NRC or the Commission)

now or hereafter in effect.

The facility consists of a pressurizedwater reactor at the licensee’s site

located in Wayne County, New York.

II

The Code of Federal Regulations at 10

CFR 70.24, ‘‘Criticality Accident

Requirements,’’ requires that each

licensee authorized to possess special

nuclear material shall maintain a

criticality accident monitoring system in

each area in which such material is

handled, used, or stored. Sections 70.24

a(1) and a(2) specify detection and

sensitivity requirements that these

monitors must meet. Section 70.24 a(1)

also specifies that all areas subject to

criticality accident monitoring must be

covered by two detectors. Section

70.24(a)(3) requires licensees to

maintain emergency procedures for each

area in which this licensed special

nuclear material is handled, used, or

stored and provides (1) that the

procedures ensure that all personnel

withdraw to an area of safety upon the

sounding of a criticality accident

monitor alarm, (2) that the procedures

must include drills to familiarize

personnel with the evacuation plan, and

(3) that the procedures designate

responsible individuals for determining

the cause of the alarm and placement of

radiation survey instruments in

accessible locations for use in such an

emergency. Section 70.24(b)(1) requires

licensees to have a means by which to

quickly identify personnel who have

received a dose of 10 rads or more.

Section 70.24(b)(2) requires licensees to

maintain personnel decontamination

facilities, to maintain arrangements for a

physician and other medical personnel

qualified to handle radiation

emergencies, and to maintain

arrangements for the transportation of

contaminated individuals to treatment

facilities outside the site boundary.

Section 70.24(c) exempts Part 50

licensees from the requirements of 10

CFR 70.24(b) for special nuclear

material used or to be used in the

reactor. Subsection 70.24(d) states that

any licensee who believes that there is

good cause why he should be granted an

exemption from all or part of 10 CFR

70.24 may apply to the Commission for

such an exemption and shall specify the

reasons for the relief requested.

III

The special nuclear material that

could be assembled into a critical mass

at the R. E. Ginna Nuclear Power Plant

is in the form of nuclear fuel; the

quantity of special nuclear material

other than fuel that is stored on site is

small enough to preclude achieving a

critical mass. The Commission’s

technical staff has evaluated the

possibility of an inadvertent criticality

of the nuclear fuel at the R. E. Ginna

Nuclear Power Plant and has

determined that such an accident is

unlikely to occur if the licensee meets

the following eight criteria:

1. Plant procedures do not permit

more than one PWR fuel assembly or

three BWR fuel assemblies to be in

storage or transit between their

associated shipping cask or storage rack

at one time.

2. The requirement is met that keffective not exceed 0.95, at a 95%

probability, 95% confidence level with

the fresh fuel storage racks filled with

fuel of maximum permissible U–235

enrichment and flooded with pure

water.

3. The requirement is met that keffective not exceed 0.98, at a 95%

probability, 95% confidence level with

the fresh fuel storage racks filled with

fuel at the maximum permissible U–235

enrichment and flooded with moderator

at the (low) density corresponding to

optimum moderation.

4. The requirement is met that keffective not exceed 0.95, at a 95%

probability, 95% confidence level with

the spent fuel storage racks filled with

fuel of the maximum permissible U–235

enrichment and flooded with pure

water.

5. The quantity of forms of special

nuclear material, other than nuclear

fuel, such as sources or detectors, that

are stored onsite in one area, is less than

that necessary for a critical mass.

6. Radiation monitors, as required by

GDC 63, are provided in fuel storage and

handling areas to detect excessive

radiation levels and to initiate

appropriate safety actions.

7. The maximum nominal U–235

enrichment is 5 wt%.

8. Training is provided to the

appropriate personnel for safely

handling fresh fuel.

By letter dated June 5, 1997,

Rochester Gas and Electric Corporation

requested an exemption from 10 CFR

70.24. In this exemption request, the

licensee addressed the eight criteria

given above. The NRC staff has

reviewed the licensee’s submittal and

has determined that the R. E. Ginna

Nuclear Power Plant meets the criteria

for prevention of inadvertent criticality;

therefore, the staff has determined that

an inadvertent criticality is highly

unlikely in special nuclear material

handling or storage areas at the R. E.

Ginna Nuclear Power Plant.

The purpose of the criticality

monitors required by 10 CFR 70.24 is to

ensure that if a criticality were to occur

during the handling of special nuclear

material, personnel would be alerted to

that fact and would take appropriate

action. Although the staff has

determined that it is highly unlikely

that such an accident could occur, the

licensee has radiation monitors, as

required by General Design Criterion 63

(GDC), in fuel storage and handling

areas. These monitors will alert
40390 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices

personnel to excessive radiation levels

and allow them to initiate appropriate

safety actions. The low probability of an

inadvertent criticality, together with the

licensee’s adherence to GDC 63,

constitutes good cause for granting an

exemption to the requirements of 10

CFR 70.24.

IV

The Commission has determined that,

pursuant to 10 CFR 70.14, this

exemption is authorized by law, will not

endanger life or property or the common

defense and security, and is otherwise

in the public interest; herefore, the

Commission hereby grants the following

exemption:

The Rochester Gas and Electric

Corporation is exempt from the

requirements of 10 CFR 70.24 for the R.

E. Ginna Nuclear Power Plant.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment 62 FR 38590.

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 16th day

of July 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–19803 Filed 7–25–97; 8:45 am]

BILLING CODE 7590–01–U

NUCLEAR REGULATORY

COMMISSION

[Docket No.: 070–00698]

Consideration of Amendment Request

To Approve a Site Remediation Plan

for the Westinghouse Electric

Corporation Waltz Mill Site in Madison,

Pennsylvania, and Opportunity for a

Hearing

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of consideration of

amendment request to approve a site

remediation plan for the Westinghouse

Electric Corporation Waltz Mill Site in

Madison, Pennsylvania, and

opportunity for a hearing.

The U.S. Nuclear Regulatory

Commission (NRC) is considering

issuance of an amendment to Special

Nuclear Material License No. SNM–770

(SNM–770), issued to Westinghouse

Electric Corporation (the licensee), to

authorize remediation of portions of the

licensee’s Waltz Mill site in Madison,

Pennsylvania.

The licensee is currently authorized

by the NRC to perform activities with

licensed radioactive materials at its

Waltz Mill facility. These activities

primarily support company ongoing

service operations. Because of the

presence of residual radioactive

contamination from past operations

identified in groundwater monitoring

wells, the NRC added this site to its Site

Decommissioning Management Plan

(SDMP) in 1990. The NRC established

and implemented the SDMP to identify

and resolve issues associated with the

timely and effective cleanup of the sites

on the list. Radioactive contamination is

also present in some interior areas of

retired facilities on the site.

The licensee requested an

amendment, by letter dated November

27, 1996, to approve a Remediation

Plan, submitted with the letter, for their

Waltz Mill facility. The licensee has

requested authorization to commence

remediating exterior soil contamination

and contamination in interior retired

areas. The licensee intends to remediate

the interior areas so that they may be

used in the performance of activities

currently authorized by SNM–770, and

to remediate exterior areas by removing

soil contamination and structures, so

that groundwater on the site is no longer

adversely impacted and the site can be

removed from the SDMP. Because the

licensee is actively performing work

under the current license, they are not

requesting release of the site for

unrestricted use nor termination of the

license.

The NRC will require the licensee to

remediate the Waltz Mill to meet NRC’s

decommissioning criteria, and to

maintain effluents and doses within

NRC requirements and as low as

reasonably achievable during the

remediation activities.

Prior to approving the

decommissioning plan, NRC will have

made findings required by the Atomic

Energy Act of 1954, as amended, and

NRC’s regulations. These findings will

be documented in a Safety Evaluation

Report and an Environmental

Assessment. Approval of the

Remediation Plan will be documented

in an amendment to SNM–770.

The NRC hereby provides notice that

this is a proceeding on an application

for amendment of a license falling

within the scope of Subpart L, ‘‘Informal

Hearing Procedures for Adjudications in

Materials and Operator Licensing

Proceedings,’’ of NRC’s rules and

practice for domestic licensing

proceedings in 10 CFR Part 2. Pursuant

to § 2.1205(a), any person whose interest

may be affected by this proceeding may

file a request for a hearing in accordance

with § 2.1205(c). A request for a hearing

must be filed within thirty (30) days of

the date of publication of this Federal

Register notice.

The request for a hearing must be

filed with the Office of the Secretary

either:

1. By delivery to the Docketing and

Service Branch of the Secretary at One

White Flint North, 11555 Rockville

Pike, Rockville, MD 20852–2738; or

2. By mail or telegram addressed to

the Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Attention: Docketing and Service

Branch

In addition to meeting other

applicable requirements of 10 CFR Part

2 of the NRC’s regulations, a request for

a hearing filed by a person other than

an applicant must describe in detail:

1. The interest of the requestor in the

proceeding;

2. How that interest may be affected

by the results of the proceeding,

including the reasons why the requestor

should be permitted a hearing, with

particular reference to the factors set out

in § 2.1205(g);

3. The requestor’s areas of concern

about the licensing activity that is the

subject matter of the proceeding; and

4. The circumstances establishing that

the request for a hearing is timely in

accordance with § 2.1205(c).

In accordance with 10 CFR 2.1205(e),

each request for a hearing must also be

served, by delivering it personally or by

mail, to:

1. The applicant, Westinghouse

Electric Corporation, P.O. Box 355,

Pittsburgh, Pennsylvania 15230,

Attention: Joseph Nardi; and

2. The NRC staff, by delivery to the

Executive Director for Operations, One

White Flint North, 11555 Rockville

Pike, Rockville, MD 20852–2738 or by

mail, addressed to the Executive

Director for Operations, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555.

For further details with respect to this

action, the application for amendment

request is available for inspection at the

NRC’s Public Document Room, 2120 L

Street NW., Washington, DC 20555 or at

NRC’s Region I offices located at 475

Allendale Road, King of Prussia, PA

19406. Persons desiring to review

documents at the Region I Office should

call Ms. Sheryl Villar at (610) 337–5239

several days in advance to assure that

the documents will be readily available

for review.

Dated at Rockville, Maryland this 21st day

of July 1997.