[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4479-4480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1566]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-362; NRC-2009-0023]


Southern California Edison Company; San Onofre Nuclear Generating 
Station, Unit 3; Exemption

1.0 Background

    Southern California Edison Company (SCE, the licensee) is the 
holder of Facility Operating License No. NPF-15, which authorizes 
operation of San Onofre Nuclear Generating Station, Unit 3 (SONGS 3). 
The license provides, 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 a pressurized-water reactor located in San 
Diego County, California.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 74, 
Section 74.19(c), requires that each licensee who is authorized to 
possess special nuclear material (SNM), at any one time and site 
location, in a quantity greater than 350 grams of contained uranium-
235, uranium-233, or plutonium, or any combination thereof, shall 
conduct a physical inventory of all SNM in its possession under license 
at intervals not to exceed 12 months.
    By application dated January 14, 2008, the licensee requested an 
exemption from certain requirements in Section 74.19(c) for SONGS 3. 
The exemption would allow SCE not to perform the physical inventory for 
12 irradiated fission chambers removed from SONGS 3 that are stored in 
the plant.

3.0 Discussion

    Pursuant to 10 CFR 74.7, the Commission may, upon application of 
any interested person or upon its own initiative, grant such exemptions 
from the requirements of the regulations in this part, when (1) the 
exemptions are authorized by law, will not present undue risk to public 
health and safety, and, will not endanger life or property or the 
common defense and security, and (2) when special circumstances are 
present. These special circumstances include actions to maintain 
exposures to radiation as low as is reasonably achievable (ALARA).

Authorized by Law

    This exemption would exempt the licensee from the requirements of 
10 CFR 74.19(c) for the physical inventory requirements of 12 
irradiated fission chambers removed from SONGS 3 in 1995 and in 
storage. As stated above, 10 CFR 74.7 allows the NRC to grant 
exemptions from the requirements of 10 CFR part 74. The NRC staff has 
determined that granting of the licensee's proposed 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.

No Undue Risk to Public Health and Safety

    The underlying purposes of 10 CFR 74.19 is for licensees to conduct 
a physical inventory of special nuclear material in its possession at 
periodic intervals and to retain records associated with each physical 
inventory. No changes in the physical or administrative controls are 
associated with the special nuclear materials related to this request. 
The licensee will continue to conduct an annual inventory of the 12 
fission chambers by visual verification to confirm that the high 
integrity container (HIC), where the 12 fission chambers are stored, 
remains in its storage location and the container is structurally 
intact. In addition, the visual inventory will be augmented to include 
verification that the tamper-indicating device installed in November 
2007 on the HIC has not been disturbed. Based on the above, no new 
accident precursors are created with the exemption from this 
requirement. Thus, the probability of postulated accidents is not 
increased. Also, based on the above, the consequences of postulated

[[Page 4480]]

accidents are not increased. Therefore, there is no undue risk to 
public health and safety.

Will Not Endanger Life or Property or Common Defense and Security

    Physical location and administrative controls associated with the 
storage of the 12 irradiated fission chambers are adequately controlled 
and accounted for by the licensee. Therefore, the exemption will not 
endanger life or property or common defense and security.

Otherwise in the Public Interest

    The licensee pointed out that the ALARA requirement in 10 CFR Part 
20, ``Standards for protection against radiation,'' requires ``* * * 
making every reasonable effort to maintain exposures to radiation as 
far below the dose limits in this part as is practical consistent with 
the purpose for which the licensed activity is undertaken, * * *'' This 
request for an exemption from the physical inventory requirements of 10 
CFR 74.19(c) would relieve SCE of potentially significant occupational 
radiation exposures with no decrease in quality and safety. Therefore, 
the exemption is in the public interest and consistent with the special 
circumstances of maintaining exposures ALARA.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
74.7, the exemption is authorized by law and will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest. Therefore, the Commission hereby grants SCE an 
exemption to SONGS 3 from the requirements of 10 CFR 74.19(c) for 
physical inventory for 12 irradiated fission chambers removed from 
SONGS 3 in 1995 and in storage. In accordance with the licensee's 
letter dated January 14, 2008, SCE will continue to conduct an annual 
inventory of the 12 fission chambers by visual verification to confirm 
that the HIC, where the 12 fission chambers are stored, remains in its 
storage location and the container is structurally intact. In addition, 
the visual inventory will be augmented to include verification that the 
tamper-indicating device installed in November 2007 on the HIC has not 
been disturbed. The annual physical inventory of all other SNM will 
continue to be performed per the requirements of 10 CFR 74.19(c).
    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 (73 FR 79936, dated December 30, 
2008).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 15th day of January 2009.

    For the Nuclear Regulatory Commission
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. E9-1566 Filed 1-23-09; 8:45 am]
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