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[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15778-15779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7808]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 and 50-316; NRC-2009-0153]

Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, 
Units 1 and 2; Exemption

1.0 Background

    The Indiana Michigan Power Company (the licensee) is the holder of 
Facility Operating License Nos. DPR-58 and DPR-74, which authorizes 
operation of the Donald C. Cook Nuclear Plant, Units 1 and 2. The 
licenses provide, among other things, that the facility is subject to 
all rules, regulations, and orders of the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) now or hereafter in effect.
    The facility consists of two pressurized-water reactors located in 
Berrien County in Michigan.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations, Part 50, Section 
36a(a)(2) (10 CFR 50.36a(a)(2)) requires each licensee to submit a 
report to the Commission annually that specifies the quantity of each 
of the principal radionuclides released to unrestricted areas in liquid 
and in gaseous effluents during the previous 12 months, including any 
other information as may be required by the Commission to estimate 
maximum potential annual radiation doses to the public resulting from 
effluent releases. The report must be submitted as specified in Section 
50.4, and the time between report submittals must be no longer than 12 
months.
    The licensee has proposed an amendment to Technical Specification 
5.6.3 to change the submittal date for the report from ``within 90 days 
of January 1 of each year'' to ``prior to May 1 of each year.'' 
Therefore, the licensee has requested a one-time exemption from the 12-
month reporting criteria specified in 10 CFR 50.36a(a)(2) for its 
submittal of the 2008 Radioactive Effluent Release Report.
    In summary, the exemption does not affect the information required 
to be submitted or the time period the report covers, only the date the 
report is submitted.

3.0 Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50, when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security; and 
(2) when special circumstances are present. These circumstances include 
the special circumstances that would provide only temporary relief from 
the applicable regulation and the licensee or applicant has made good 
faith efforts to comply with the regulation.

Authorized by Law

    This exemption would allow the licensee to submit the 2008 
Radioactive Effluent Release Report prior to May 1, 2009, which would 
exceed the report submittal requirement of no longer than 12 months 
specified in 10 CFR 50.36a(a)(2). As stated above, 10 CFR 50.12 allows 
the NRC to grant exemptions from the requirements of 10 CFR Part 50. 
The NRC staff has determined that granting of the licensee's proposed 
exemption will not

[[Page 15779]]

result in a violation of the Atomic Energy Act of 1954, as amended, or 
the Commission's regulations. Therefore, the exemption is authorized by 
law.

No Undue Risk to Public Health and Safety

    The underlying purpose of the reporting requirements specified in 
10 CFR 50.36a(a)(2) is to report to the Commission annually the 
quantity of each of the principal radionuclides released to 
unrestricted areas in liquid and in gaseous effluents during the 
previous 12 months, including any other information as may be required 
by the Commission to estimate maximum potential annual radiation doses 
to the public resulting from effluent releases. This exemption does not 
affect the information required to be submitted or the time period the 
report covers, only the date the report is submitted. Based on the 
above, no new accident precursors are created by extending the 
submittal date for the 2008 Radioactive Effluent Release Report to 
prior to May 1, 2009. Thus, the probability of postulated accidents is 
not increased. Also, based on the above, the consequences of postulated 
accidents are not increased. Therefore, there is no undue risk to 
public health and safety.

Consistent With Common Defense and Security

    The proposed exemption would allow the licensee to submit the 2008 
Radioactive Effluent Release Report prior to May 1, 2009, which would 
exceed the report submittal requirement of no longer than 12 months 
specified in 10 CFR 50.36a(a)(2). This change has no relation to 
security issues. Therefore, the common defense and security is not 
impacted by this exemption.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v), 
are present whenever application of the regulation would provide only 
temporary relief from the applicable regulation and the licensee or 
applicant has made good faith efforts to comply with the regulation. 
The underlying purpose of the reporting requirement specified in 10 CFR 
50.36a(a)(2) is to require each licensee to submit a report to the 
Commission annually that specifies the quantity of each of the 
principal radionuclides released to unrestricted areas in liquid and in 
gaseous effluents, including any other information as may be required 
by the Commission to estimate maximum potential annual radiation doses 
to the public resulting from effluent releases. The proposed amendment 
does not affect the information required to be submitted or the time 
period the report covers, only the date the report is to be submitted. 
The requested exemption provides temporary relief from the regulation 
in that it affords a one-time extension for submitting the annual 
report. The proposed amendment is an appropriate means to ensure that 
future reports are submitted on an annual basis as required by 10 CFR 
50.36a(a)(2). Therefore, since the underlying purpose of 10 CFR 
50.36a(a)(2) is achieved, the special circumstances of 10 CFR 
50.12(a)(2)(v) for the granting of an exemption from 10 CFR 
50.36a(a)(2) exists.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), 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. Also, special circumstances are present. 
Therefore, the Commission hereby grants Indian Michigan Power Company a 
one-time exemption from the requirements of 10 CFR 50.36a(a)(2), for 
Donald C. Cook Nuclear Plant, Units 1 and 2.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (74 FR 9315)
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 30th day of March, 2009.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
 [FR Doc. E9-7808 Filed 4-6-09; 8:45 am]
BILLING CODE 7590-01-P
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