[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]
-----------------------------------------------------------------------
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]
BILLING CODE 7590-01-P