[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Notices]
[Pages 31733-31734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13214]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-206]


Southern California Edison; San Onofre Nuclear Generating 
Station, Unit 1 Exemption from Certain Requirements in 10 CFR Part 20 
Appendix G

1.0 Background

    Southern California Edison (SCE) is the licensee and holder of 
Facility Operating License No. DPR-13 for San Onofre Nuclear Generating 
Station, Unit 1 (SONGS-1), a permanently shutdown nuclear reactor 
facility located in San Diego County, California. When SONGS-1 was 
permanently shut down in 1992, SCE's license was amended pursuant to 
the Atomic Energy Act and 10 CFR Part 50 to possess, but not operate, 
the facility. Although permanently shutdown, the facility is still 
subject to all rules, regulations, and orders of the U.S. Nuclear 
Regulatory Commission (the Commission).
    In 1999, the licensee began active decommissioning of SONGS-1 and

[[Page 31734]]

significant dismantlement of the facility has been accomplished to 
date. In 2002, the reactor vessel was removed and packaged for 
transport and burial at a low-level radioactive waste disposal 
facility. The licensee is planning to transport the reactor vessel from 
SONGS-1 to the Chem-Nuclear low-level radioactive waste disposal 
facility at Barnwell County, South Carolina, by a combination of 
overland vehicle, ocean going vessel or barge, and rail transportation. 
The shipment is planned to begin sometime in the period between 
November 2003, and February 2004. The travel time is estimated to be as 
long as 90 days.

2.0 Request/Action

    In a letter to the Commission dated March 7, 2003, the licensee 
requested a one-time exemption from certain requirements in 10 CFR part 
20, appendix G, Section III.E. These requirements would require a 
licensee to investigate and file a report with the NRC if a shipment of 
radioactive waste is not acknowledged by the intended recipient within 
20 days when making a shipment of low-level radioactive waste to a land 
disposal facility. The licensee has requested a one-time exemption from 
the 20-day investigation and reporting requirements for shipment of the 
SONGS Unit 1 reactor vessel since the transport time for the reactor 
vessel to the disposal site is currently expected to take as long as 90 
days. If the regulation were to be applied to the shipment of the 
SONGS-1 reactor vessel, the licensee would be required to investigate, 
trace, and submit a report to the Commission on the shipment 20 days 
into the approximately 90-day journey to the Barnwell disposal site. 
The licensee believes the underlying purpose of the rule is to trace 
radioactive shipments which have not reached their destination as 
scheduled for unknown reasons. Application of this regulation for 
shipment of the SONGS-1 reactor vessel would not be meaningful for a 
shipment expected to take up to 90 days.

3.0 Discussion

    Pursuant to 10 CFR 20.2301, the Commission may, upon application by 
a licensee or upon its own initiative, grant an exemption from the 
requirements of regulations in 10 CFR part 20, appendix G, section 
III.E if it determines the exemption is authorized by law and would not 
result in undue hazards to life or property.
    There are no provisions in the Atomic Energy Act (or in any other 
Federal statute) that impose a requirement to investigate and report on 
low-level radioactive waste shipments that have not been acknowledged 
by the recipient within 20 days of transfer. Therefore, the Commission 
concludes that there is no statutory prohibition on the issuance of the 
requested exemption and the Commission is authorized to grant the 
exemption by law.
    The Commission acknowledges that investigation of the shipment 
status well before its expected completion would not be meaningful. The 
Commission also agrees with the licensee that the underlying purpose of 
the rule is to investigate a late shipment that may be lost, 
misdirected, or diverted. Because of the particular circumstances of 
this shipment and the massive size and weight of the reactor vessel, 
special planning, shipping arrangements, oversight, and monitoring will 
be needed throughout the entire journey from SONGS-1 to the disposal 
site. It is unlikely that the shipment could be lost, misdirected, or 
diverted without the knowledge of the carrier or the licensee. 
Furthermore, there is no need to specify any arbitrary time to complete 
the shipment. Because the nature of this shipment will necessitate 
considerable oversight well beyond that employed for most low-level 
radioactive waste shipments, the Commission finds that there is no 
hazard to life or property by not investigating, tracing, and reporting 
on the reactor vessel shipment 20 days into its potential 90-day 
journey. Therefore, the Commission concludes that the underlying 
purpose of 10 CFR part 20, appendix G, section III.E will be met.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
20.2301, the exemption requested by SCE in its March 7, 2003 letter is 
authorized by law and will not result in undue hazards to life or 
property. Therefore, the Commission hereby grants SCE a one-time 
exemption from the need to investigate, trace, and report on the 
shipment of the SONGS-1 reactor vessel when the reactor vessel is not 
received and acknowledged by the land disposal site at Barnwell, SC, 
within 20 days from the start of the shipment as required by 10 CFR 
part 20, appendix G, section III.E.
    Pursuant to 10 CFR 51.31, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment as documented in Federal Register 
notice 68 FR 20033.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 15th day of May, 2003.

    For the Nuclear Regulatory Commission.
John T. Greeves,
Director, Division of Waste Management, Office of Nuclear Material 
Safety, and Safeguards.
[FR Doc. 03-13214 Filed 5-27-03; 8:45 am]
BILLING CODE 7590-01-P