[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Pages 61555-61556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30210]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323]
In the Matter of Pacific Gas and Electric Company (Diablo Canyon
Power Plant, Units 1 and 2); Exemption
I
The Pacific Gas and Electric Company, et al. (the licensee) is the
holder of Facility Operating License Nos. DPR-80 and DPR-82, which
authorize operation of the Diablo Canyon Power Plant (DCPP), Units 1
and 2. 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 at the
licensee's site located in San Luis Obispo County, California.
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 (SNM) shall 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 SNM
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 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.
Paragraph (c) of 10 CFR 70.24 exempts Part 50 licensees from the
requirements of paragraph (b) of 10 CFR 70.24 for SNM used or to be
used in the reactor. Paragraph (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 SNM that could be assembled into a critical mass at DCPP, Units
1 and 2, is in the form of nuclear fuel; the quantity of SNM other than
fuel that is stored on site 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 DCPP, Units 1 and 2, and has determined that it is
extremely unlikely for such an accident to occur if the licensee meets
the following seven criteria:
1. Only one 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 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 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 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 5.0 weight
percent.
By letter dated April 3, 1997, and supplemental letter dated August
4, 1997, the licensee requested an exemption from 10 CFR 70.24. In this
request the licensee addressed the seven criteria given above. The
Commission's technical staff has reviewed the licensee's submittals and
has determined that DCPP, 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 SNM handling or storage areas at DCPP, Units 1 and 2.
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
SNM, personnel would be alerted to that fact and would take appropriate
action. The staff has
[[Page 61556]]
determined that it is extremely unlikely that such an accident could
occur; furthermore, the licensee has 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 licensee's adherence to
General Design Criterion 63, constitutes 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 Pacific Gas and
Electric Company an exemption from the requirements of 10 CFR 70.24.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will have no significant impact on the
environment (62 FR 59907).
This exemption is effective upon issuance.
For The Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 12th day of November 1997.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-30210 Filed 11-17-97; 8:45 am]
BILLING CODE 7590-01-P
