97-29977. In the Matter of Toledo Edison Company, Centerior Service Company, The Cleveland Electric Illuminating Company (Davis-Besse Nuclear Power Station, Unit 1); Exemption  

  • [Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
    [Notices]
    [Pages 61151-61152]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-29977]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-346]
    
    
    In the Matter of Toledo Edison Company, Centerior Service 
    Company, The Cleveland Electric Illuminating Company (Davis-Besse 
    Nuclear Power Station, Unit 1); Exemption
    
    I
    
        Toledo Edison Company, Centerior Service Company, and The Cleveland 
    Electric Illuminating Company (the licensees) are the holders of 
    Facility Operating License No. NPF-3, which authorizes operation of the 
    Davis-Besse Nuclear Power Station (DBNPS), Unit 1 (the facility). The 
    license provides, among other things, that the facility is subject to 
    all the rules, regulations, and orders of the U.S. Nuclear Regulatory 
    Commission (the Commission) now or hereafter in effect.
        The facility is a pressurized-water reactor located at the 
    licensees' site in Ottawa County, Ohio.
    
    [[Page 61152]]
    
    II
    
        Section 70.24 of Title 10 of the Code of Federal Regulations, 
    ``Criticality Accident Requirements,'' requires that each licensee 
    authorized to possess special nuclear material maintain a criticality 
    accident monitoring system in each area where such material is handled, 
    used, or stored. Subsections (a)(1) and (a)(2) of 10 CFR 70.24 specify 
    detection and sensitivity requirements that these monitors must meet. 
    Subsection (a)(1) also specifies that all areas subject to criticality 
    accident monitoring must be covered by two detectors. 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 that (1) the procedures ensure that all 
    personnel withdraw to an area of safety upon the sounding of a 
    criticality accident monitor alarm, (2) the procedures must include 
    drills to familiarize personnel with the evacuation plan, and (3) 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 provide the means for identifying 
    quickly any 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. Paragraph (c) of 10 CFR 70.24 exempts Part 50 licensees from 
    the requirements of paragraph (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 that believes that there is good cause 
    why it 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 DBNPS is in the form of nuclear fuel. The quantity of 
    special nuclear material other than fuel that is stored onsite in any 
    given location is small enough to preclude achieving a critical mass. 
    The Commission's technical staff has evaluated the possibility of an 
    inadvertent criticality of the nuclear fuel at DBNPS and has determined 
    that it is extremely unlikely that such an accident will occur if the 
    licensees meet 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, 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 a 
    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 special nuclear material, other than nuclear 
    fuel, stored onsite in any given area is less than the quantity 
    necessary for a critical mass;
        6. Radiation monitors, as required by General Design Criterion 63, 
    are provided in fuel storage and handling areas to detect excessive 
    radiation levels and to initiate appropriate safety actions; and
        7. The maximum nominal U-235 enrichment is limited to 5.0 weight 
    percent.
        By letter dated January 30, 1997, as supplemented May 28 and 
    October 3, 1997, the licensees requested an exemption from 10 CFR 
    70.24. In this request, the licensees addressed the seven criteria 
    given above. The Commission's technical staff has reviewed the 
    licensees' submittals and has determined that DBNPS meets the criteria 
    for prevention of inadvertent criticality. Therefore, the staff has 
    determined that it is extremely unlikely an inadvertent criticality 
    will occur in the handling of special nuclear materials or in their 
    storage areas at DBNPS.
        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 
    licensees have radiation monitors, as required by General Design 
    Criterion 63, in fuel storage and handling areas. 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 licensees' adherence to 
    General Design Criterion 63, constitutes good cause for granting an 
    exemption to the requirements of 10 CFR 70.24.
        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 licensees an 
    exemption from the requirements of 10 CFR 70.24 for DBNPS.
        Pursuant to 10 CFR 51.32, the Commission has determined that the 
    granting of this exemption will not result in any significant adverse 
    environmental impact (62 FR 59908).
        This exemption is effective upon issuance.
    
        Dated at Rockville, Maryland, this 7th day of November 1997.
    
        For the Nuclear Regulatory Commission.
    Samuel J. Collins,
    Director, Office of Nuclear Reactor Regulation.
    [FR Doc. 97-29977 Filed 11-13-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
11/14/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
97-29977
Pages:
61151-61152 (2 pages)
Docket Numbers:
Docket No. 50-346
PDF File:
97-29977.pdf