ADP CR3, LLC; Crystal River Unit 3 Nuclear Plant

Published date10 March 2021
Citation86 FR 13767
Record Number2021-04997
SectionNotices
CourtNuclear Regulatory Commission
Federal Register, Volume 86 Issue 45 (Wednesday, March 10, 2021)
[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
                [Notices]
                [Pages 13767-13768]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-04997]
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                NUCLEAR REGULATORY COMMISSION
                [Docket No. 50-302; NRC-2021-0017]
                ADP CR3, LLC; Crystal River Unit 3 Nuclear Plant
                AGENCY: Nuclear Regulatory Commission.
                ACTION: Exemption; issuance.
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                SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
                exemption in response to a January 19, 2021, request from ADP CR3, LLC
                (ADP CR3) for the Crystal River Unit 3 Nuclear Plant, from the
                requirement to investigate and report to the NRC when ADP CR3 does not
                receive notification of receipt of a shipment, or part of a shipment,
                of low-level radioactive waste within 20 days after transfer from the
                Crystal River facility. ADP CR3 requested that the time period for it
                to receive acknowledgement that the shipment has been received by the
                intended recipient be extended from 20 to 45 days to avoid an excessive
                administrative burden as operational experience indicates that rail or
                mixed mode shipments may take more than 20 days to reach their
                destination.
                DATES: The exemption was issued on March 3, 2021.
                ADDRESSES: Please refer to Docket ID NRC-2021-0017 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0017. Address
                questions about Docket IDs in Regulations.gov to Stacy Schumann;
                telephone: 301-415-0624; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 (if it is available in ADAMS) is provided the first
                time that it is mentioned in this document.
                 Attention: The PDR, where you may examine and order copies
                of public documents, is currently closed. You may submit your request
                to the PDR via email at [email protected] or call 1-800-397-4209 or
                301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
                Friday, except Federal holidays.
                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].
                SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
                 Dated: March 5, 2021.
                 For the Nuclear Regulatory Commission.
                Bruce A. Watson,
                Chief, Reactor Decommissioning Branch, Division of Decommissioning,
                Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety
                and Safeguards.
                 Attachment--Exemption.
                Nuclear Regulatory Commission
                Docket No. 50-302
                ADP CR3, LLC
                Crystal River Unit 3 Nuclear Plant
                I. Background
                 The Crystal River Unit 3 Nuclear Plant (CR-3), licensed under Title
                10 of the Code of Federal Regulations (10 CFR) Part 50 (License No.
                DPR-72, Docket No. 50-302), is located in Citrus County, Florida. CR-3
                has been shutdown since September 26, 2009. Subsequently, the licensee
                determined that issues with containment integrity could not be
                satisfactorily resolved and decided not to attempt to restart the
                facility. On May 28, 2011, Duke Energy Florida, LLC (DEF) completed the
                removal of fuel from the reactor vessel at CR-3. By letter dated
                February 20, 2013 (Agencywide Documents Access and Management System
                [ADAMS] Accession No. ML13056A005), DEF submitted to the U.S. Nuclear
                Regulatory Commission (NRC) certifications in accordance with 10 CFR
                50.82(a)(1)(i) indicating it would permanently cease power operations,
                and with 10 CFR 50.82(a)(1)(ii) that it had permanently defueled the
                reactor vessel at CR-3. The spent fuel is currently being stored onsite
                in a spent fuel pool (SFP).
                 The CR-3 operating license was transferred to ADP CR3, LLC (ADP
                CR3) by NRC Order issued April 1, 2020 (ADAMS Accession No.
                ML20069A028). Upon implementation of the license transfer on October 1,
                2020, ADP CR3 commenced dismantlement and decommissioning activities at
                the CR-3 site that included the generation of low-level radioactive
                waste. This waste is primarily destined for transfer to distant
                locations such as the Waste Control Specialists (WSC) disposal site in
                Andrews, Texas by rail or mixed mode shipment, such as a combination of
                truck/rail/barge shipments.
                II. Request/Action
                 By letter dated January 19, 2021 (ADAMS Accession No. ML21019A464),
                ADP CR3 requested an exemption from 10 CFR part 20, Appendix G,
                ``Requirements for Transfers of Low-Level Radioactive Waste Intended
                for Disposal at Licensed Land Disposal Facilities and Manifests,''
                section III.E, for disposals from the CR-3 facility.
                 Section III.E requires that the shipper of any low-level
                radioactive waste to a licensed land disposal facility must investigate
                and trace the shipment if the shipper has not received notification of
                the shipment's receipt by the disposal facility within 20 days after
                transfer. In addition, Section III.E requires licensees to report such
                missing shipments to the NRC. Specifically, ADP CR3 is requesting an
                exemption from the requirements in 10 CFR part 20, Appendix G, Section
                III.E, under the provisions of 10 CFR 20.2301, ``Applications for
                exemptions,'' to extend the time period for ADP CR3 to receive
                acknowledgement that the shipment has been received from 20 to 45 days
                after transfer for a rail or mixed
                [[Page 13768]]
                mode shipment from CR-3 to the intended recipient.
                 Inherent to the decommissioning process, large volumes of low-level
                radioactive waste are generated and require disposal. Experience with
                waste shipments from CR-3 and other decommissioning power reactor sites
                indicates that rail or mixed-mode transportation time to waste disposal
                facilities has, in several instances, exceeded the 20-day receipt of
                notification requirement. For example, in December 2020, ADP CR3
                shipped six rail cars, three containing EXEMPT materials and three
                containing UN2912 LSA-1 materials to the WCS disposal facility in
                Andrews, Texas. The total transit time between when the railcars were
                released from the CR3 facility until verification of receipt was
                received for the six railcars ranged from thirty (30) to forty-one (41)
                days. Further, in June 2019, Vermont Yankee (VY) shipped two railcars
                containing four (4) freight containers each of low-level radioactive
                waste to the WCS disposal facility in Andrews, Texas. The total transit
                time between when the railcars were released from the VY facility until
                verification of receipt was received for the two railcars ranged from
                thirty-three (33) to forty (40) days. Finally, on September 11, 2014,
                ZionSolutions shipped two gondola railcars of low-level radioactive
                waste to the EnergySolutions' Clive Disposal Facility in Clive, UT. The
                railcars reported to the Clive Facility on October 9, 2014, a duration
                of 28 days. In addition, administrative processes at the disposal
                facility and mail delivery times can further delay the issuance or
                arrival of the receipt of notification.
                III. Discussion
                A. The Exemption Is Authorized by Law
                 The NRC's regulations in 10 CFR 20.2301 allow the Commission to
                grant exemptions from the requirements of the regulations in 10 CFR
                part 20 if it determines the exemption would be authorized by law and
                would not result in undue hazard to life or property. There are no
                provisions in the Atomic Energy Act of 1954, as amended (or in any
                other Federal statute) that impose a requirement to investigate and
                report on low-level radioactive waste shipments that have not been
                acknowledged by the recipient within 20 days of transfer. Therefore,
                the NRC staff concludes that there is no statutory prohibition on the
                issuance of the requested exemption and the NRC is authorized to grant
                the exemption by law.
                B. The Exemption Presents No Undue Risk to Public Health and Safety
                 The purpose of 10 CFR part 20, Appendix G, Section III.E is to
                require licensees to investigate, trace, and report radioactive
                shipments that have not reached their destination, as scheduled, for
                unknown reasons.
                 Data from CR-3 (for example, see ADP CR3 report on investigation
                pursuant to 10 CFR part 20, Appendix G (ADAMS Accession No.
                ML21019A458)) found that several shipments took longer than 20 days,
                from 30 to 41 days, to reach the Waste Control Specialists disposal
                facility in Andrews, Texas once they left the CR-3 facility. The NRC
                acknowledges that, based on the history of low-level radioactive waste
                shipments from CR-3, the need to investigate, trace and report on
                shipments that take longer than 20 days could result in an excessive
                administrative burden on the licensee. As noted above, shipping times
                have frequently exceeded 20 days and have taken up to 41 days. As
                stated in the request for exemption for rail shipments, ADP CR3
                utilizes an electronic data tracking system interchange, or similar
                tracking systems that allows monitoring the progress of the shipments
                on a daily basis.
                 The requirement to investigate a late shipment that may be lost,
                misdirected, or diverted helps prevent any inadvertent radiological
                exposure to the public from the radioactive materials in the shipment.
                Because of the oversight and monitoring of radioactive waste shipments
                throughout the entire journey from CR-3 to the disposal site, it is
                unlikely that a shipment could be lost, misdirected, or diverted
                without the knowledge of the carrier or ADP CR3; therefore, there is no
                potential health and safety concern presented by the requested
                exemption. This oversight and monitoring would facilitate a prompt
                investigation of a loss, misdirection or diversion which would minimize
                any adverse impact. By extending the elapsed time for receipt
                acknowledgment to 45 days before requiring investigations, tracing, and
                reporting, a reasonable upper limit on shipment duration (based on
                historical analysis) is still maintained if a breakdown of normal
                tracking systems were to occur. Consequently, the NRC finds that
                extending the receipt of notification period from 20 to 45 days after
                transfer of the low-level radioactive waste as described by ADP CR3 in
                its January 19, 2021, letter would not result in an undue hazard to
                life or property.
                C. Categorical Exclusion
                 With respect to compliance with Section 102(2) of the National
                Environmental Policy Act (NEPA), 42 U.S.C. 4332(2) (NEPA), the NRC
                staff has determined that the proposed action, namely, the approval of
                the ADP CR3 exemption request, is within the scope of the categorical
                exclusions listed at 10 CFR 51.22(c)(25). The proposed action presents
                (i) no significant hazards considerations; (ii) would not result in a
                significant change in the types, or significant increase in the
                amounts, of any effluents that may be released offsite; (iii) would not
                result in a significant increase in individual or cumulative public or
                occupational radiation exposure; (iv) has no significant construction
                impact; (v) does not present a significant increase in the potential
                for or consequences from radiological accidents. The requirements from
                which an exemption is sought involves reporting requirements under 10
                CFR 51.22(c)(25)(vi)(B) and inspection or surveillance requirements
                under 10 CFR 51.22(c)(25)(vi)(C). Therefore, no further analysis is
                required under NEPA.
                IV. Conclusions
                 Accordingly, the Commission has determined that, pursuant to 10 CFR
                20.2301, the exemption is authorized by law and will not result in
                undue hazard to life or property. Therefore, the Commission hereby
                grants ADP CR3 an exemption from 10 CFR part 20, Appendix G, Section
                III.E to extend the receipt of notification period from 20 days to 45
                days after transfer for rail or mixed-mode shipments of low-level
                radioactive waste from the CR-3 facility to a licensed land disposal
                facility.
                [FR Doc. 2021-04997 Filed 3-9-21; 8:45 am]
                BILLING CODE 7590-01-P
                

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