[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70167-70168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33586]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286]
Power Authority of the State of New York (Indian Point Nuclear
Generating Unit No. 3); Exemption
I
The Power Authority of the State of New York (the licensee) is the
holder of Facility Operating License No. DPR-64, which authorizes
operation of the Indian Point Nuclear Generating Unit No. 3 (IP3). The
license provides that the licensee is subject to all rules,
regulations, and orders of the U.S. Nuclear Regulatory Commission (the
Commission) now or hereafter in effect.
The facility consists of a pressurized-water reactor at the
licensee's site located in Westchester County, New York.
II
The Code of Federal Regulations, 10 CFR 70.24, ``Criticality
Accident Requirements,'' requires that each licensee authorized to
possess special nuclear material shall maintain a criticality accident
monitoring system in each area where such material is handled, used, or
stored. Subsection (a)(1) and (a)(2) of 10 CFR 70.24 specifies
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 (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. 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 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 IP3 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 IP3 and has determined that such an
accident cannot occur if the licensee meets the following seven
criteria:
1. Plant procedures permit only one new fuel assembly to be in
transit between the associated shipping cask and dry storage rack.
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 of fuel in the fresh fuel storage racks
occurs when the fresh fuel storage racks are not flooded, the k-
effective corresponding to this optimum moderation does not exceed .98,
at a 95 percent probability, 95 percent confidence level.
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 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 wt%.
By letter dated September 24, 1998, the licensee requested an
exemption from 10 CFR 70.24. In this exemption request, the licensee
addressed the seven criteria given above. The Commission's technical
staff has reviewed the licensee's submittal and has determined that IP3
meets the criteria for prevention of inadvertent criticality;
therefore, the staff has determined that there is no credible way in
which an inadvertent criticality could occur in special nuclear
materials handling or storage areas at IP3.
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 there is
no credible way in which such an accident could occur; furthermore, the
licensee has radiation monitors, as required by General Design
Criterion (GDC) 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 GDC
63 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 following
exemption:
[[Page 70168]]
The Power Authority of the State of New York is exempt from the
requirements of 10 CFR 70.24 for Indian Point Unit No. 3.
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 [63 FR 68315].
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 10th day of December 1998.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-33586 Filed 12-17-98; 8:45 am]
BILLING CODE 7590-01-P
