98-14387. In the Matter of: Nebraska Public Power District (Cooper Nuclear Station); Exemption  

  • [Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
    [Notices]
    [Pages 29762-29763]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-14387]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-298]
    
    
    In the Matter of: Nebraska Public Power District (Cooper Nuclear 
    Station); Exemption
    
    I
    
        The Nebraska Public Power District (the licensee) is the holder of 
    Facility Operating License No. DRP-46, which authorizes operation of 
    the Cooper Nuclear Station. The license provides, 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 one boiling-water reactor at the 
    licensee's site located in Nemaha County, Nebraska.
    
    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 Cooper 
    Nuclear Station 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 Cooper Nuclear Station, and has 
    determined that it is extremely unlikely for such an accident to occur 
    if the licensee meets the following seven criteria:
        1. Only three new assemblies are 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
    
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    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 February 23, 1998, 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 Cooper 
    Nuclear Station meets the applicable criteria. Criteria 2 and 3 are not 
    applicable to the Cooper Nuclear Station since the fresh fuel storage 
    racks are not currently in use and administrative controls prevent 
    their use. Therefore, the staff has determined that it is extremely 
    unlikely for an inadvertent criticality to occur in SNM handling or 
    storage areas at Cooper Nuclear Station.
        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 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, 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 Nebraska Public 
    Power District 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 (63 FR 28012).
        This exemption is effective upon issuance.
    
        Dated at Rockville, Maryland, this 22nd day of May 1998.
    
        For the Nuclear Regulatory Commission.
    Samuel J. Collins,
    Director, Office of Nuclear Reactor Regulation.
    [FR Doc. 98-14387 Filed 5-29-98; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
06/01/1998
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
98-14387
Pages:
29762-29763 (2 pages)
Docket Numbers:
Docket No. 50-298
PDF File:
98-14387.pdf