Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61555

shall be sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555,

to the Assistant General Counsel for

Hearings and Enforcement at the same

address, to the Regional Administrator,

NRC Region IV, 611 Ryan Plaza Drive,

Suite 400, Arlington, Texas 76011, and

to Frontier Production Logging, Inc. If

such a person requests a hearing, that

person shall set forth with particularity

the manner in which his interest is

adversely affected by this Order and

shall address the criteria set forth in 10

CFR 2.714(d).

If a hearing is requested by a person

whose interest is adversely affected, the

Commission will issue an Order

designating the time and place of any

hearing. If a hearing is held, the issue to

be considered at such hearing shall be

whether this Confirmatory Order should

be sustained.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final 20 days

from the date of this Order without

further order or proceedings. If an

extension of time for requesting a

hearing has been approved, the

provisions specified in Section IV shall

be final when the extension expires if a

hearing request has not been received.

An Answer Or a Request for Hearing

Shall Not Stay the Immediate

Effectiveness of This Order.

For the Nuclear Regulatory Commission.

Dated at Rockville, Maryland, this 7th day

of November 1997.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 97–30207 Filed 11–17–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–275 and 50–323]

In the Matter of Pacific Gas and

Electric Company (Diablo Canyon

Power Plant, Units 1 and 2); Exemption

I

The Pacific Gas and Electric

Company, et al. (the licensee) is the

holder of Facility Operating License

Nos. DPR–80 and DPR–82, which

authorize operation of the Diablo

Canyon Power Plant (DCPP), Units 1

and 2. The licenses provide, among

other things, that the licensee is subject

to all rules, regulations, and orders of

the Commission now or hereafter in

effect.

The facility consists of two

pressurized-water reactors at the

licensee’s site located in San Luis

Obispo County, California.

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

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. Subsection

(b)(1) of 10 CFR 70.24 requires licensees

to have a means to identify quickly

personnel who have received a dose of

10 rads or more. Subsection (b)(2) of 10

CFR 70.24 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.

Paragraph (c) of 10 CFR 70.24 exempts

Part 50 licensees from the requirements

of paragraph (b) of 10 CFR 70.24 for

SNM used or to be used in the reactor.

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 DCPP, Units 1 and

2, 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 DCPP, Units 1 and

2, 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 U-235

enrichment and flooded with pure

water.

3. If optimum moderation occurs at

low moderator density, then the keffective 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 are 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 April 3, 1997, and

supplemental letter dated August 4,

1997, the licensee requested an

exemption from 10 CFR 70.24. In this

request the licensee addressed the seven

criteria given above. The Commission’s

technical staff has reviewed the

licensee’s submittals and has

determined that DCPP, Units 1 and 2,

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 DCPP, Units 1 and 2.

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 SNM, personnel

would be alerted to that fact and would

take appropriate action. The staff has
61556 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

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.

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 Pacific Gas

and Electric Company an exemption

from the requirements of 10 CFR 70.24.

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 59907).

This exemption is effective upon

issuance.

For The Nuclear Regulatory Commission.

Dated at Rockville, Maryland, this 12th day

of November 1997.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–30210 Filed 11–17–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 40–8968]

Hydro Resources, Inc.

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of availability of issuance

of errata.

SUMMARY: The U. S. Nuclear Regulatory

Commission has issued an Errata to the

‘‘Final Environmental Impact Statement

to Construct and Operate the

Crownpoint Uranium Solution Mining

Project, Crown Point, New Mexico’’

(NUREG–1508). It should be noted that

none of these errata change the

conclusions of the Final Environmental

Impact Statement.

ADDRESSES: A copy of the Errata is

available for public inspection and/or

copying at the NRC Public Document

Room, 2120 L. Street (Lower Level),

NW, Washington, DC 20555–0001.

Copies of NUREG–1508 and the

accompanying Errata may be purchased

from the Superintendent of Documents,

U. S. Government Printing Office, PO

Box 37082, Washington, DC. 20402–

9328. Copies are also available from the

National Technical Information Service,

5285 Port Royal Road, Springfield, VA

22161.

FOR FURTHER INFORMATION CONTACT:

Robert Carlson, Uranium Recovery

Branch, Mail Stop TWFN 7–J8, Division

of Waste Management, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555. Telephone (301)

415–8165.

Dated at Rockville, Md, this 15th day of

November 1997.

For The Nuclear Regulatory Commission.

Joseph J. Holonich,

Chief, Uranium Recovery Branch, Division

of Waste Management, Office of Nuclear

Material Safety and Safeguards.

The following information is provided

as errata to the ‘‘Final Environmental

Impact Statement to Construct and

Operate the Crownpoint Uranium

Solution Mining Project, Crownpoint,

New Mexico’’ (NUREG–1508), dated

February 1997.

Errata

1. Page 1–5, 1st paragraph: replace the

term ‘‘* * * Safe Water Drinking Act

(SWDA)’’ with ‘‘* * * Safe Drinking

Water Act (SDWA).’’

2. Page 2–6, Table 2.2, equation (2a):

replace the term ‘‘* * * +4Na+H2O’’

with ‘‘* * * +4Na∂+H2O.’’

3. Page 2–19, 1st complete paragraph,

5th sentence: change sentence to read:

‘‘NRC would require HRI to

decontaminate areas if radionuclide

accumulation exceeds decommissioning

standards, if HRI uses land application

to dispose of process waters.’’

4. Page 2–19, 1st complete paragraph,

4th sentence; Page 4–81, last paragraph,

last sentence: delete the following

phrase from the existing text ‘‘* * *

generally using a zero-release NPDES

permit.’’

5. Page 2–28, 4th paragraph, last

sentence: delete the word

‘‘preestablished.’’

6. Page 3–56, 1st paragraph, 1st

sentence: revise existing text to read, ‘‘

* * * known as the ‘‘checkerboard’’ for

its mixed private, tribal, and

government property rights.’’

7. Page 3–5, Table 3.4; Page 3–7, Table

3.5; and Page 4–3, Table 4.3: replace the

term ‘‘fg/m3’’ with ‘‘μg/m3.’’

8. Page 4–20, last paragraph, #1:

replace the term ‘‘alkalinity’’ with the

term ‘‘bicarbonate.’’

9. Page 4–28, Table 4.6; and Page 4–

30, Table 4.7: replace the parameter

‘‘Radium-226’’ with ‘‘Radium’’ (i.e.,

radium is inclusive of radium-226 and

radium-228).

10. Page 4–61, 5th bullet, #(4): replace

the phrase ‘‘one production/ injection

well per 1.6 ha (4 acres) in each well

field’’ with the phrase ‘‘one production/

injection well per acre in each well

field.’’

11. Page 4–63, #8: replace entire text

with the following, ‘‘All casing strings

shall be pressure tested to 125% of

actual wellfield operating pressure, not

to exceed 70% of the minimum burst

strength (measured on surface usually

using water and the rig pump). If

pressure declines more than 10% in 30

minutes, corrective action shall be

taken.’’

12. Page 4–71, last paragraph: delete

last sentence beginning with, ‘‘However,

to further minimize transportation risk,

* * *’’

13. Page 4–72, top of page: delete

entire proposed license condition

(entire bullet beginning with,

‘‘Yellowcake and 11e(2) by-product

waste material, * * *’’), and subsequent

phrase, ‘‘In addition to this license

condition,’’.

14. Page xx of the Summary and

Conclusions, 2nd complete paragraph;

Page 2–20, 1st paragraph; Page 4–27, 1st

complete paragraph; Page 4–45, 1st

complete paragraph; Page 4–47, top of

page; and Page A–21, 3rd complete

paragraph: change the term ‘‘300 pCi/

mL’’ to ‘‘300 pCi/L.’’

15. Page 3–27, Table 3.13: replace the

existing table with the following (values

in italic have been changed):