[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Notices]
[Pages 53352-53353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27085]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-266 and 50-301]


Wisconsin Electric Power Company; (Point Beach Nuclear Plant, 
Unit Nos. 1 and 2); Exemption

I

    Wisconsin Electric Power Company (the licensee) is the holder of 
Facility Operating License Nos. DPR-24 and DPR-27, which authorize 
operation of the Point Beach Nuclear Plant, Units 1 and 2, 
respectively. 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 located at 
the licensee's site in Manitowoc County, Wisconsin.

II

    The Code of Federal Regulations at 10 CFR 70.24, ``Criticality 
Accident Requirements,'' requires that each licensee authorized to 
possess special nuclear material shall maintain a

[[Page 53353]]

criticality accident monitoring system in each area where such material 
is handled, used, or stored. Subsection a(2) of 10 CFR 70.24 specifies 
detection and sensitivity requirements that these monitors must meet. 
Subsection a(2) also specifies that all areas subject to criticality 
accident monitoring must be covered by monitoring devices.
    Subsection (a)(3) of 10 CFR 70.24 requires licensees to maintain 
emergency procedures for each area in which this licensed special 
nuclear material is handled, used, or stored and provides (1) that the 
procedures ensure that all personnel withdraw to an area of safety upon 
the sounding of a criticality accident monitor alarm, (2) that the 
procedures must include drills to familiarize personnel with the 
evacuation plan, and (3) that 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. Subsection (c) of 10 CFR 70.24 exempts Part 
50 licensees from the requirements of subsection (b) of 10 CFR 70.24 
for special nuclear material used or to be used in the reactor. 
Subsection (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 special nuclear material that could be assembled into a 
critical mass at Point Beach Nuclear Plant is in the form of nuclear 
fuel; the quantity of special nuclear material other than fuel that is 
stored on site is small enough to preclude achieving a critical mass. 
The Commission technical staff has evaluated the possibility of an 
inadvertent criticality of the nuclear fuel at Point Beach Nuclear 
Plant and has determined that such an accident cannot occur if the 
licensee meets the following seven criteria:
    1. Only one new 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 
k-effective 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 
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 Point Beach Nuclear Plant 
General Design Criterion 18 which is analogous to 10 CFR part 50, 
Appendix A, 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 weight 
percent.
    By letter dated June 7, 1997, Wisconsin Electric Power Company 
requested an exemption from 10 CFR 70.24. In this exemption request the 
licensee addressed the seven criteria given above. The Commission 
technical staff has reviewed the licensee's submittal and has 
determined that Point Beach Nuclear Plant, 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 special nuclear materials handling or storage 
areas at Point Beach Nuclear Plant.
    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 
special nuclear material, personnel would be alerted to that fact and 
would take appropriate action. The staff has determined that it is 
extremely unlikely that such an accident could occur; furthermore, the 
licensee has radiation monitors, as required by Point Beach Nuclear 
Plant's General Design Criterion 18, in fuel storage and handling 
areas. Specifically, Point Beach Nuclear Plant's General Design 
Criterion 18 requires ``Monitoring and alarm instrumentation shall be 
provided for fuel and waste storage and associated handling areas for 
conditions that might result in loss of capability to remove decay heat 
and to detect excessive radiation levels.'' 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 Point Beach 
Nuclear Plant's General Design Criterion 18 constitute 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 the Wisconsin 
Electric Power Company an exemption from the requirements of 10 CFR 
70.24 for the Point Beach Nuclear Plant.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will have no significant impact on the 
quality of the human environment (62 FR 45883).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 6th day of October 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-27085 Filed 10-10-97; 8:45 am]
BILLING CODE 7590-01-P