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[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71800-71803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28423]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-133; NRC-2014-0225]

Pacific Gas and Electric Company, Humboldt Bay Power Plant, Unit 
3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from certain emergency planning requirements in response to 
an August 14, 2012, request from the Pacific Gas and Electric Company.

ADDRESSES: Please refer to Docket ID NRC-2014-0225 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0225. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

[[Page 71801]]

FOR FURTHER INFORMATION CONTACT: John B. Hickman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3017, email: 
[email protected].

I. Background

    On July 2, 1976, Humboldt Bay Power Plant (HBPP) Unit 3 was shut 
down for annual refueling and to conduct seismic modifications. The 
unit was never restarted. In 1983, updated economic analyses indicated 
that restarting Unit 3 would probably not be cost-effective, and in 
June 1983, Pacific Gas and Electric Company (PG&E) announced its 
intention to decommission the unit. On July 16, 1985, the U.S. Nuclear 
Regulatory Commission (NRC or Commission) issued Amendment No. 19 to 
the HBPP Unit 3 Operating License to change the status to possess-but-
not-operate. (ADAMS Accession No. 8507260045.) In December of 2008, the 
transfer of spent fuel from the fuel storage pool to the dry-cask 
Independent Spent Fuel Storage Installation (ISFSI) was completed, and 
the decontamination and dismantlement phase of HBPP Unit 3 
decommissioning commenced. Active decommissioning is currently 
underway.

II. Request/Action

    Section 50.47, ``Emergency Plans,'' of Part 50 of Title 10 of the 
Code of Federal Regulations (10 CFR part 50) provides in part, ``. . . 
no initial operating license for a nuclear power reactor will be issued 
unless a finding is made by the NRC that there is reasonable assurance 
that adequate protective measures can and will be taken in the event of 
a radiological emergency.'' Appendix E, ``Emergency Planning and 
Preparedness for Production and Utilization Facilities,'' to 10 CFR 
part 50 provides in part, ``This appendix establishes minimum 
requirements for emergency plans for use in attaining an acceptable 
state of emergency preparedness.''
    On November 23, 2011, the NRC issued a Final Rule modifying or 
adding emergency planning (EP) requirements in Section 50.47, Section 
50.54, and Appendix E of 10 CFR part 50 (76 FR 72560). The EP Final 
Rule was effective on December 23, 2011, with specific implementation 
dates for each of the rule changes, varying from the effective date of 
the Final Rule through December 31, 2015.
    The EP Final Rule codified certain voluntary protective measures 
contained in NRC Bulletin 2005-02, ``Emergency Preparedness and 
Response Actions for Security-Based Events,'' and generically 
applicable requirements similar to those previously imposed by NRC 
Order EA-02-026, ``Order for Interim Safeguards and Security 
Compensatory Measures,'' dated February 25, 2002. In addition, the EP 
Final Rule amended other licensee emergency plan requirements to: (1) 
Enhance the ability of licensees in preparing and in taking certain 
protective actions in the event of a radiological emergency; (2) 
address, in part, security issues identified after the terrorist events 
of September 11, 2001; (3) clarify regulations to effect consistent 
emergency plan implementation among licensees; and (4) modify certain 
EP requirements to be more effective and efficient. However, the EP 
Final Rule was only an enhancement to the NRC's regulations and was not 
necessary for adequate protection. On page 72563 of the Federal 
Register notice for the EP Final Rule, the Commission ``determined that 
the existing regulatory structure ensures adequate protection of public 
health and safety and common defense and security.''
    By letter dated August 14, 2012, (ADAMS Accession No. ML12236A327) 
PG&E submitted a, ``Request for Exemption from Specific 10 CFR 50 
Requirements Regarding Enhancements to Emergency Preparedness 
Regulations,'' requesting exemption from specific emergency planning 
requirements of 10 CFR 50.47 and Appendix E to 10 CFR part 50 for the 
HBPP ISFSI.

III. 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.
    The NRC staff reviewed the licensee's request and determined that 
exemptions were previously granted or should be granted from the 
following requirements: the requirement: ``arrangements to accommodate 
State and local staff at the licensee's Emergency Operations Facility 
have been made'' of 10 CFR 50.47(b)(3); the requirement: ``and State 
and local response plans call for reliance on information provided by 
facility licensees for determinations of minimum initial offsite 
response measures'' of 10 CFR 50.47(b)(4); the requirement of 10 CFR 
50.47(b)(10); the requirement: ``and onsite protective actions during 
hostile action'' of 10 CFR part 50, Appendix E, Section IV.1; the 
requirement of 10 CFR part 50, Appendix E, Section IV.2; the 
requirement of 10 CFR part 50, Appendix E, Section IV.3; the 
requirement of 10 CFR part 50, Appendix E, Section IV.4; the 
requirement of 10 CFR part 50, Appendix E, Section IV.5; the 
requirement of 10 CFR part 50, Appendix E, Section IV.6; the 
requirement: ``By June 23, 2014,'' ``a description of the,'' and 
``including hostile action at the site. For purposes of this appendix, 
``hostile action'' is defined as an act directed toward a nuclear power 
plant or its personnel that include the use of violent force to destroy 
equipment, take hostages, and/or intimidate the licensee to achieve an 
end. This includes attack by air, land, or water using guns, 
explosives, projectiles, vehicles, or other devices used to deliver 
destructive force'' of 10 CFR part 50, Appendix E, Section IV.A.7; the 
requirement of 10 CFR part 50, Appendix E, Section IV.A.9; the 
requirements: ``and outside, and offsite, and, By June 20, 2012, for 
nuclear power reactor licensees, these action levels must include 
hostile action that may adversely affect the nuclear power plant'' of 
10 CFR part 50, Appendix E, Section IV.B.1; the requirements: By June 
20, 2012,'' ``within 15 minutes'' and ``to protect public health and 
safety provided that any delay in declaration does not deny the State 
and local authorities the opportunity to implement measures necessary 
to protect the public health and safety'' of 10 CFR part 50, Appendix 
E, Section IV.C.2; the requirement: ``within 15 minutes'' and ``The 
licensee shall demonstrate that the appropriate governmental 
authorities have the capability to make a public alerting and 
notification decision promptly on being informed by the licensee of an 
emergency condition. Prior to initial operation greater than 5 percent 
of rated thermal power of the first reactor at the site, each nuclear 
power reactor licensee shall demonstrate that administrative and 
physical means have been established for alerting and providing prompt 
instructions to the public with the plume exposure pathway EPZ. The 
design objective of the prompt public alert and notification system 
shall be to have the capability to essentially complete the initial 
alerting and notification of the public within the plume exposure 
pathway EPZ within about 15 minutes. The use of this alerting and 
notification capability will range from immediate alerting and

[[Page 71802]]

notification of the public (within 15 minutes of the time that State 
and local officials are notified that a situation exists requiring 
urgent action) to the more likely events where there is substantial 
time available for the appropriate governmental authorities to make a 
judgment whether or not to activate the public alert and notification 
system. The alerting and notification capability shall additionally 
include administrative and physical means for a backup method of public 
alerting and notification capable of being used in the event the 
primary method of alerting and notification is unavailable during an 
emergency to alert or notify all or portions of the plume exposure 
pathway EPZ population. The backup method shall have the capability to 
alert and notify the public within the plume exposure pathway EPZ, but 
does not need to meet the 15 minute design objective for the primary 
prompt public alert and notification system. When there is a decision 
to activate the alert and notification system, the appropriate 
governmental authorities will determine whether to activate the entire 
alert and notification system simultaneously or in a graduated or 
staged manner. The responsibility for activating such a public alert 
and notification system shall remain with the appropriate governmental 
authorities'' of 10 CFR part 50, Appendix E, Section IV.D.3; the 
requirement: ``onsite technical support center and an emergency 
operations'' of 10 CFR part 50, Appendix E, Section IV.E.8.a.(i); the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.a.(ii); the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.b; the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.c; the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.d; the 
requirement of 10 CFR part 50, Appendix E, Section IV.E.8.e, the 
requirement of 10 CFR part 50, Appendix E, Section IV.F.2.a; the 
requirement: ``Nuclear power reactor licensees shall submit exercise 
scenarios under Sec.  50.4 at least 60 days before use in an exercise 
required by this paragraph 2.b'' and ``and offsite'' and ``(Technical 
Support Center (TSC), Operations Support Center (OSC), and the 
Emergency Operations Facility (EOF))'' of 10 CFR part 50, Appendix E, 
Section IV.F.2.b; the requirement: ``Such scenarios for nuclear power 
reactor licensees must include a wide spectrum of radiological releases 
and events, including hostile action'' of 10 CFR part 50, Appendix E, 
Section IV.F.2.i; and the requirement of 10 CFR part 50, Appendix E, 
Section IV.I.
    The exemption request was reviewed against the acceptance criteria 
included in 10 CFR 50.47, Appendix E to 10 CFR part 50, 10 CFR 72.32 
and Interim Staff Guidance--16. The review considered the permanently 
shut-down and defueled status of the reactor, and the low likelihood of 
any credible accident resulting in radiological releases requiring 
offsite protective measures. These evaluations were supported by the 
previously documented licensee and staff accident analyses. The staff 
concludes that the Humboldt Bay Site Emergency Plan provides: (1) An 
adequate basis for an acceptable state of emergency preparedness, and 
(2) in conjunction with arrangements made with offsite response 
agencies, provides reasonable assurance that adequate protective 
measures can and will be taken in the event of a radiological emergency 
at the Humboldt Bay Site.
    The Commission has concluded that the licensee's request for an 
exemption from certain requirements of 10 CFR 50.47(b) and 10 CFR part 
50, Appendix E, Section IV as specified above are acceptable in view of 
the greatly reduced offsite radiological consequences associated with 
the current plant status as permanently shut-down and spent nuclear 
fuel is stored in an ISFSI.
    The NRC has determined that other requirements from which PG&E 
requested exemptions were not applicable to the HBPP and ISFSI or are 
being met by the Humboldt Bay Site Emergency Plan or an exemption was 
not appropriate. Therefore, an exemption was not necessary or was 
denied for those requirements. Additional information regarding the NRC 
staff evaluation is documented in a Safety Evaluation Report (ADAMS 
Accession No. ML13016A210).

A. Exemption Is Authorized by Law

    The NRC has found that PG&E meets the criteria for an exemption in 
Sec.  50.12. The NRC has determined that granting the exemption will 
not 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.

B. The Exemption Presents No Undue Risk to Public Health and Safety Is 
Consistent With the Common Defense and Security

    As noted in Section II., ``REQUEST/ACTION,'' above, PG&E's 
compliance with the EP requirements in effect before the effective date 
of the EP Final Rule demonstrated reasonable assurance of adequate 
protection of the public health and safety and common defense and 
security. In the Safety Evaluation Report, the NRC staff explains that 
PG&E's implementation of the Humboldt Bay Site Emergency Plan, with the 
exemptions, will continue to provide this reasonable assurance of 
adequate protection. Thus, granting the exemptions will not present an 
undue risk to public health or safety and is not inconsistent with the 
common defense and security.

C. Special Circumstances Are Present

    For the Commission to grant an exemption, special circumstances 
must exist. Under Sec.  50.12(a)(2)(ii), special circumstances are 
present when ``[a]pplication of the regulation in the particular 
circumstances would not serve the underlying purpose of the rule or is 
not necessary to achieve the underlying purpose of the rule.'' These 
special circumstances exist here. The NRC has determined that PG&E's 
compliance with the regulations listed above is not necessary for the 
licensee to demonstrate that, under its emergency plan, there is 
reasonable assurance that adequate protective measures can and will be 
taken in the event of a radiological emergency. Consequently, special 
circumstances are present because requiring PG&E to comply with the 
regulations listed above is not necessary to achieve the underlying 
purpose of the EP regulations.

D. Environmental Considerations

    Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental 
assessment and finding of no significant impact related to this 
exemption was published in the Federal Register on October 24, 2014 (79 
FR 63647). 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.

IV. Conclusion

    The NRC staff reviewed the licensee's submittals and concludes that 
the licensee's request for an exemption from certain requirements of 10 
CFR 50.47(b) and Appendix E to10 CFR part 50 as specified above is 
acceptable in view of the greatly reduced offsite radiological 
consequences associated with the current plant status as permanently 
shut down and spent nuclear fuel is stored in an ISFSI.
    The Commission has determined that, pursuant to 10 CFR 50.12, the 
exemptions are authorized by law, will not present an undue risk to the 
public health and safety, are consistent with

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the common defense and security, and special circumstances are present.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 5th day of November, 2014.

    For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2014-28423 Filed 12-2-14; 8:45 am]
BILLING CODE 7590-01-P
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