[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4683-4684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2601]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-003]
Consolidated Edison Company of New York Inc. (Indian Point Unit
No. 1); Order Approving Decommissioning Plan and Authorizing
Decommissioning of Facility
By application dated October 17, 1980, as revised October 13, 1981;
July 31, 1986; March 28, 1988; August 10, 1989; March 28 and July 17,
1990; February 5, April 2, July 31, September 20, and October 12, 1993;
May 13 and August 11, 1994; and July 19, 1995; Consolidated Edison
Company of New York, Inc. (the licensee) requested the U.S. Nuclear
Regulatory Commission (the Commission, NRC) to approve its proposed
Decommissioning Plan (Plan) for Indian Point Unit No. 1 (IP-1) and an
amendment to Provisional Operating License No. DPR-5 and the associated
Technical Specifications (TSs) to make them consistent with the
Decommissioning Plan. The Decommissioning Plan proposes long-term safe
storage (SAFSTOR) of IP-1 spent fuel and residual radioactivity until
the adjacent Indian Point Unit No. 2 (IP-2) has been permanently shut
down. The licensee must submit a detailed dismantling plan for NRC
review and approval prior to major dismantlement activities at IP-1.
Notice of Consideration of Issuance of Amendment and Opportunity
for Prior Hearing was published in the Federal Register on December 31,
1985, (50 FR 53407). No request for a hearing or petition for leave to
intervene was filed following notice of the proposed action.
The Commission has reviewed the application with respect to the
provisions of the Commission's rules and regulations and has found that
decommissioning as stated in the Plan is consistent with the
regulations in 10 CFR Chapter I and will not be inimical to the common
defense and security or to the health and safety of the public. The
basis for these findings is given in the concurrently issued Safety
[[Page 4684]]
Evaluation by the NRC Office of Nuclear Reactor Regulation.
The Decommissioning Plan supplements the IP-1 Safety Analysis
Report. Accordingly, a license condition has been added allowing the
licensee to make changes to the Decommissioning Plan and Safety
Analysis Report after performing a review based upon criteria similar
to the criteria of Title 10 of the Code of Federal Regulations (10 CFR
50.59) to ensure that such changes do not involve an unreviewed safety
question.
The Commission has prepared an Environmental Assessment and Finding
of No Significant Impact for the proposed action. The Commission has
determined that the proposed action will not result in any significant
environmental impact and that an environmental impact statement need
not be prepared. The Notice of Issuance of Environmental Assessment was
published in the Federal Register on January 31, 1996.
Accordingly, pursuant to Sections 103, 161b, 161i, and 161o of the
Atomic Energy Act of 1954, as amended, and 10 CFR 50.82, the Commission
approves the proposed Decommissioning Plan, dated October 17, 1980, as
revised, and authorizes decommissioning of the IP-1 facility in
accordance with the Decommissioning Plan and the Commission's rules and
regulations, subject to the following conditions:
(a)(1) The approved Decommissioning Plan supplements the Final
Safety Analysis Report (FSAR) and the licensee may (i) make changes in
the facility or procedures as described in the FSAR or the
Decommissioning Plan and (ii) conduct tests, or experiments not
described in the FSAR or Decommissioning Plan, without prior Commission
approval, unless the proposed changes, tests or experiments involve (a)
a change in the Technical Specifications (TSs) incorporated in the
license or (b) an unreviewed safety question, or (c) major
dismantlement activities such as removal of the reactor pressure vessel
or other major radioactive components.
(2) A proposed change, test, or experiment shall be deemed to
involve an unreviewed safety question (i) if the probability of
occurrence or the consequences of an accident or malfunction of
equipment important to safety previously evaluated in the FSAR and/or
the Decommissioning Plan may be increased or (ii) if the possibility of
an accident or malfunction of a different type than evaluated
previously in the FSAR and/or the Decommissioning Plan may be created;
or (iii) if the margin of safety as defined in the basis for any TS is
reduced.
(b)(1) The licensee shall maintain records of changes in the
facility and of changes in procedures made pursuant to this section if
these changes constitute changes in the facility or procedures as
described in the FSAR or Decommissioning Plan. The licensee shall also
maintain records of tests and experiments carried out pursuant to
paragraph (a) of this section. These records must include a written
safety evaluation that provides the basis for determining that the
changes, tests, or experiments do not involve an unreviewed safety
question.
(2) The licensee shall annually submit, as specified in 10 CFR
50.4, a report containing a brief description of any changes, tests,
and experiments, including summaries of the safety and environmental
evaluation of each.
(3) The licensee shall maintain the records of changes in the
facility until the date of termination of the license and shall
maintain the records of changes in procedures and records of tests and
experiments for 3 years.
(c) If the licensee desires (1) a change in the TSs, or (2) to (i)
make a change in the facility or the procedures described in the FSAR
or Decommissioning Plan, or (ii) conduct tests or experiments that are
not described in the FSAR or Decommissioning Plan, and such changes,
tests, or experiments involve an unreviewed safety question, a change
in the TSs, or major dismantlement activities, the licensee shall
submit an application to amend its license pursuant to 10 CFR 50.90.
For further details with respect to this action, see: (1) The
licensee's application for authorization to decommission the facility,
dated October 17, 1980, as revised; (2) Amendment No. to License No.
DPR-5; (3) the related NRC Safety Evaluation; and (4) the NRC
Environmental Assessment and Finding of No Significant Impact. These
documents are available for public inspection at the NRC Public
Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC,
and at the White Plains Public Library, 100 Martine Avenue, White
Plains, New York.
Dated at Rockville, Maryland, this 31st day of January 1996.
For the Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 96-2601 Filed 2-6-96; 8:45 am]
BILLING CODE 7590-01-P
