[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Notices]
[Pages 60285-60286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29489]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255]


In the Matter of Consumers Energy Company (Palisades Plant); 
Exemption

I

    Consumers Energy Company (the licensee) is the holder of Facility 
Operating License No. DPR-20 which authorizes operation of the 
Palisades Plant. The Palisades facility is a pressurized-water reactor 
located at the licensee's site in Van Buren County, Michigan. The 
license provides, among other things, that the facility is subject to 
all rules, regulations, and orders of the Commission now or hereafter 
in effect.

II

    Section 70.24 of Title 10 of the Code of Federal Regulations, 
``Criticality Accident Requirements,'' requires that each licensee 
authorized to possess special nuclear material (SNM) shall maintain a 
criticality accident monitoring system in each area where such material 
is handled, used, or stored. Subsections (a)(1) and (a)(2) of 10 CFR 
70.24 specify detection and sensitivity requirements that these 
monitors must meet. Subsection (a)(1) also specifies that all areas 
subject to criticality accident monitoring must be covered by two 
detectors. Subsection (a)(3) of 10 CFR 70.24 requires licensees

[[Page 60286]]

to maintain emergency procedures for each area in which this licensed 
SNM is handled, used, or stored and provides that (1) the procedures 
ensure that all personnel withdraw to an area of safety upon the 
sounding of a criticality accident monitor alarm, (2) the procedures 
must include drills to familiarize personnel with the evacuation plan, 
and (3) 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. 
Paragraph (d) of 10 CFR 70.24 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 SNM that could be assembled into a critical mass at Palisades 
is in the form of nuclear fuel; the quantity of SNM other than fuel 
that is stored on site in any given location 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 Palisades and has determined that it is extremely 
unlikely for such an accident to occur if the licensee meets the 
following seven criteria:
    1. Only one fuel assembly is allowed out of a shipping cask or 
storage rack at one time.
    2. The k-effective does not exceed 0.95, at a 95% probability, 95% 
confidence level in the event that the fresh fuel storage racks are 
filled with fuel of the maximum permissible uranium-235 (U-235) 
enrichment and flooded with pure water.
    3. If optimum moderation occurs at low moderator density, then the 
k-effective does not exceed 0.98, at a 95% probability, 95% confidence 
level in the event that the fresh fuel storage racks are filled with 
fuel of the maximum permissible U-235 enrichment and flooded with a 
moderator at the density corresponding to optimum moderation.
    4. The k-effective does not exceed 0.95, at a 95% probability, 95% 
confidence level in the event that the spent fuel storage racks are 
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, that is stored on site in any given area is less than the 
quantity necessary for a critical mass.
    6. Radiation monitors, as required by General Design Criterion 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 limited to 5.0 weight 
percent.
    By letter dated July 2, 1997, the licensee requested an exemption 
from 10 CFR 70.24(a). The Commission's technical staff has reviewed the 
licensee's submittal and has determined that Palisades meets the 
criteria for prevention of inadvertent criticality; therefore, the 
staff has determined that it is extremely unlikely for an inadvertent 
criticality to occur in SNM handling or storage areas at Palisades.
    The purpose of the criticality monitors required by 10 CFR 70.24(a) 
is to ensure that if a criticality were to occur during the handling of 
SNM, personnel would be alerted to that fact and would take appropriate 
action. The staff has determined that it is extremely unlikely that 
such an accident could occur; furthermore, the licensee has radiation 
monitors, as required by General Design Criterion 63, in fuel storage 
and handling areas. These monitors will alert 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 General Design Criterion 63, constitutes good 
cause for granting an exemption to the requirements of 10 CFR 70.24(a).

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.
    Therefore, the Commission hereby grants Consumers Energy an 
exemption from the requirements of 10 CFR 70.24(a).
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
environment (62 FR ).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 28th day of October 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-29489 Filed 11-6-97; 8:45 am]
BILLING CODE 7590-01-P