80 FR 9483 - Entergy Nuclear Operations, Inc., Vermont Yankee Nuclear Power Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 35 (February 23, 2015)
Federal Register Volume 80, Issue 35 (February 23, 2015)
| Page Range | 9483-9485 | |
| FR Document | 2015-03624 |
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)] [Notices] [Pages 9483-9485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03624] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-271; NRC-2015-0034] Entergy Nuclear Operations, Inc., Vermont Yankee Nuclear Power Station AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a October 31, 2013, request from Entergy Nuclear Operations, Inc. (Entergy or the licensee), from certain regulatory requirements. The exemption would remove the requirement that a licensed senior operator approve the emergency suspension of security measures for Vermont Yankee Nuclear Power Station (VY) during certain emergency conditions or during severe weather. ADDRESSES: Please refer to Docket ID NRC-2015-0034 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0034. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: James Kim, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-4125; email: [email protected]. I. Background Entergy is the holder of Renewed Facility Operating License No. DPR-28. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the NRC now or hereafter in effect. The facility consists of a boiling-water reactor located in Windham County, Vermont. By letter dated January 12, 2015, (ADAMS Accession No. ML15013A426), Entergy submitted to the NRC the certification, in accordance with Section 50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title 10 of the Code of Federal Regulations (10 CFR), indicating it permanently ceased power operations and that the VY reactor vessel was permanently defueled. II. Request/Action On October 31, 2013 (ADAMS Accession No. ML13317A077), the licensee requested an exemption from 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii), pursuant to 10 CFR 73.5, ``Specific exemptions.'' Section 73.55(p)(1)(i) and 73.55(p)(1)(ii) require, in part, that the suspension of security measures during certain emergency conditions or during severe weather be approved by a licensed senior operator. The exemption request relates solely to the licensing [[Page 9484]] requirements specified in the regulations for the staff directing suspension of security measures in accordance with 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii), and would remove the requirement for a licensed senior operator to provide this approval. Instead, the exemption would allow the suspension of security measures during certain emergency conditions or during severe weather by a certified fuel hander (CFH). Portions of the letter dated October 31, 2013, contain sensitive unclassified nonsafeguards information (security- related) and, accordingly, have been withheld from public disclosure. III. Discussion Historically, the Commission's security rules have long recognized the potential to suspend security or safeguards measures under certain conditions. Accordingly, 10 CFR 50.54(x) and (y), first promulgated in 1983, allow a licensee to take reasonable steps in an emergency that deviate from license conditions when those steps are ``needed to protect the public health and safety'' and there are no conforming comparable measures. (48 FR 13970; April 1, 1983). As originally promulgated, the deviation from license conditions must be approved by, as a minimum, a licensed senior operator. In 1986, in its final rule, ``Miscellaneous Amendments Concerning the Physical Protection of Nuclear Power Plants'' (51 FR 27817; August 4, 1986), the Commission promulgated 10 CFR 73.55(a), stating in part: In accordance with Sec. 50.54 (x) and (y) of Part 50, the licensee may suspend any safeguards measures pursuant to Sec. 73.55 in an emergency when this action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specification that can provide adequate or equivalent protection is immediately apparent. This suspension must be approved as a minimum by a licensed senior operator prior to taking the action. In 1995, the Commission made a number of proposed rule changes to address decommissioning. Among the changes were new regulations that affected Sec. 50.54 (x) and (y) by allowing a non-licensed operator called a ``Certified Fuel Handler,'' in addition to a licensed senior operator, to authorize protective steps. Specifically, in addressing the role of the CFH during emergencies, the Commission stated in the proposed rule, ``Decommissioning of Nuclear Power Reactors'' (60 FR 37379; July 20, 1995): The Commission is proposing to amend 10 CFR 50.54(y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel, subject to the requirements of Sec. 50.82(a) and consistent with the proposed definition of ``Certified Fuel Handler'' specified in Sec. 50.2, to make these evaluations and judgments. A nuclear power reactor that has permanently ceased operations and no longer has fuel in the reactor vessel does not require a licensed individual to monitor core conditions. A certified fuel handler at a permanently shutdown and defueled nuclear power reactor undergoing decommissioning is an individual who has the requisite knowledge and experience to evaluate plant conditions and make these judgments. In the final rule (61 FR 39298; July 29, 1996), the Commission added the following definition to 10 CFR 50.2: ``Certified fuel handler means, for a nuclear power reactor facility, a non-licensed operator who has qualified in accordance with a fuel handler training program approved by the Commission.'' However, the Decommissioning Rule did not propose or make parallel changes to 10 CFR 73.55(a), and did not discuss the role of a non-licensed certified fuel handler. In the final rule, ``Power Reactor Security Requirements'' (74 FR 13926; March 27, 2009), the NRC relocated and split the security suspension requirements from 10 CFR 73.55(a) to 10 CFR 73.55(p)(1)(i) and (p)(1)(ii). The CFHs were not discussed in the rulemaking, so the requirements of 10 CFR 73.55(p) to use a licensed senior operator remain, even for a site that otherwise no longer operates. However, pursuant to 10 CFR 73.5, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 73, as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest. A. The Exemption Is Authorized by Law The exemption from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) would remove the requirement that a licensed senior operator approve the suspension of security measures, under certain emergency conditions or severe weather. The licensee intends to align these regulations with 10 CFR 50.54(y) by using the authority of a non-licensed CFH in place of a licensed senior operator to approve the suspension of security measures during certain emergency conditions or during severe weather. Per 10 CFR 73.5, the Commission is allowed to grant exemptions from the regulations in 10 CFR part 73, as authorized by law. The NRC staff has determined that granting of the licensee's proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, the exemption is authorized by law. B. Will Not Endanger Life or Property or the Common Defense and Security Removing the requirement to have a licensed senior operator approve suspension of security measures during emergencies or severe weather will not endanger life or property or the common defense and security for the reasons described below. First, 10 CFR 73.55(p)(2) continues to require that ``[s]uspended security measures must be reinstated as soon as conditions permit.'' Second, the suspension for nonweather emergency conditions under 10 CFR 73.55(p)(1)(i) will continue to be invoked only ``when this action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent.'' Thus, the underlying purpose of 10 CFR 73.55(p)(1)(i) will continue to be to protect public health and safety even after the exemption is granted. Third, the suspension for severe weather under 10 CFR 73.55(p)(1)(ii) will continue to be used only when ``the suspension of affected security measures is immediately needed to protect the personal health and safety of security force personnel and no other immediately apparent action consistent with the license conditions and technical specifications can provide adequate or equivalent protection.'' The requirement to receive input from the security supervisor or manager will remain. The underlying purpose of 10 CFR 73.55(p)(1)(ii) will continue to be to protect the health and safety of the security force. Additionally, by letter dated October 1, 2014 (ADAMS Accession No. ML14162A209), the NRC approved Entergy's CFH training and retraining program for the VY facility. The NRC staff found that, among other things, the program addresses the safe conduct of decommissioning activities, safe handling and storage of spent fuel, and the appropriate response to plant emergencies. Because the CFH is sufficiently trained and qualified under an NRC-approved program, the NRC staff considers a CFH to have sufficient knowledge of operational and safety concerns, such that allowing a CFH to suspend security measures during the emergencies or severe weather will not [[Page 9485]] result in undue risk to public health and safety. In addition, the exemption does not reduce the overall effectiveness of the physical security plan and has no adverse impacts to Entergy's ability to physically secure the site or protect special nuclear material at VY, and thus would not have an effect on the common defense and security. The NRC staff has concluded that the exemption would not reduce security measures currently in place to protect against radiological sabotage. Therefore, removing the requirement for a licensed senior operator to approve the suspension of security measures in an emergency or during severe weather, to allow suspension of security measures to be authorized by a CFH, does not adversely affect public health and safety issues or the assurance of the common defense and security. C. Is Otherwise in the Public Interest Entergy's proposed exemption would remove the requirement that a licensed senior operator approve suspension of security measures in an emergency when ``immediately needed to protect the public health and safety'' or during severe weather when ``immediately needed to protect the personal health and safety of security force personnel.'' Without the exemption, the licensee cannot implement changes to its security plan to authorize a CFH to approve the temporary suspension of security regulations during an emergency or severe weather, comparable to the authority given to the CFH by the Commission when it promulgated 10 CFR 50.54(y). Instead, the regulations would continue to require that a licensed senior operator be available to make decisions for a permanently shutdown plant, even though VY no longer requires a licensed senior operator. However, it is unclear how the licensee would implement emergency or severe weather suspensions of security measures without a licensed senior operator. This exemption is in the public interest for two reasons. First, without the exemption, there is uncertainty on how the licensee will invoke temporary suspension of security matters that may be needed for protecting public health and safety or the safety of the security forces during emergencies and severe weather. The exemption would allow the licensee to make decisions pursuant to 73.55(p)(1)(i) & (ii) without having to maintain a staff of licensed senior operators. The exemption would also allow the licensee to have an established procedure in place to allow a trained CFH to suspend security measures in the event of an emergency or severe weather. Second, the consistent and efficient regulation of nuclear power plants serves the public interest. This exemption would assure consistency between the security regulations in 10 CFR part 73 and the operating reactor regulations in 10 CFR part 50, and the requirements concerning licensed operators in 10 CFR part 55. The NRC staff has determined that granting of the licensee's proposed exemption would allow the licensee to designate an alternative position, with qualifications appropriate for a permanently shutdown and defueled reactor, to approve the suspension of security measures during an emergency to protect the public health and safety, and during severe weather to protect the safety of the security force, consistent with the similar authority provided by 10 CFR 50.54(y). Therefore, the exemption is in the public interest. D. Environmental Considerations The NRC approval of the exemption to security requirements belongs to a category of actions that the Commission, by rule or regulation, has declared to be a categorical exclusion, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environment. Specifically, the exemption is categorically excluded from further analysis under 10 CFR 51.22(c)(25). Under 10 CFR 51.22(c)(25), granting of an exemption from the requirements of any regulation of Chapter I to 10 CFR is a categorical exclusion provided that (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve: safeguard plans, and materials control and accounting inventory scheduling requirements; or involve other requirements of an administrative, managerial, or organizational nature. The Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation, has determined that approval of the exemption request involves no significant hazards consideration because removing the requirement to have a licensed senior operator approve the security suspension at a defueled shutdown power plant does not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The exempted security regulation is unrelated to any operational restriction. Accordingly, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; and no significant increase in individual or cumulative public or occupational radiation exposure. The exempted regulation is not associated with construction, so there is no significant construction impact. The exempted regulation does not concern the source term (i.e., potential amount of radiation in an accident), nor mitigation. Thus, there is no significant increase in the potential for, or consequences of, a radiological accident. The requirement to have a licensed senior operator approve departure from security actions may be viewed as involving either safeguards, materials control, or managerial matters. Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 73.5, the exemption is authorized by law and 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 licensee's request for an exemption from the requirements of 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii), which otherwise would require suspension of security measures during emergencies and severe weather, respectively, to be approved by a licensed senior operator. The exemption is effective upon issuance. Dated at Rockville, Maryland, this 12th day of February 2015. For the Nuclear Regulatory Commission. Michele G. Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2015-03624 Filed 2-20-15; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Notices 9483
permitted under § 655.173(a), i.e. the required, lodging, must be no less than email: Carol.Gallagher@nrc.gov. For
charge annually adjusted by the 12- (and is not required to be more than) the technical questions, contact the
month percentage change in CPI–U for most economical and reasonable costs. individual listed in the FOR FURTHER
Food. The employer is responsible for those INFORMATION CONTACT section of this
The Department determines the costs necessary for the worker to travel document.
maximum meals component of the daily to the worksite if the worker completes • NRC’s Agencywide Documents
travel subsistence expense on the 50 percent of the work contract period, Access and Management System
standard minimum Continental United but is not responsible for unauthorized (ADAMS): You may obtain publicly-
States (CONUS) per diem rate as detours, and if the worker completes the available documents online in the
established by the General Services contract the employer is further ADAMS Public Documents collection at
Administration (GSA) at 41 CFR part responsible for return transportation http://www.nrc.gov/reading-rm/
301, formerly published in Appendix A, and subsistence costs, including lodging adams.html. To begin the search, select
and now found at www.gsa.gov/ costs where necessary. This policy also ‘‘ADAMS Public Documents’’ and then
perdiem. The CONUS minimum meals applies to instances where the worker is select ‘‘Begin Web-based ADAMS
component remains $46.00 per day for traveling within the U.S. to the Search.’’ For problems with ADAMS,
2015.2 Workers who qualify for travel employer’s worksite. please contact the NRC’s Public
reimbursement are entitled to For further information on when the Document Room (PDR) reference staff at
reimbursement for meals up to the employer is responsible for 1–800–397–4209, 301–415–4737, or by
CONUS meal rate when they provide transportation, lodging and meal costs, email to pdr.resource@nrc.gov. The
receipts. In determining the appropriate please see the Department’s H–2A ADAMS accession number for each
amount of reimbursement for meals for Frequently Asked Questions on Travel document referenced in this document
less than a full day, the employer may and Daily Subsistence, which may (if that document is available in
provide for meal expense found on the OFLC Web site: http:// ADAMS) is provided the first time that
reimbursement, with receipts, to 75 www.foreignlaborcert.doleta.gov/. a document is referenced.
percent of the maximum reimbursement • NRC’s PDR: You may examine and
Portia Wu, purchase copies of public documents at
for meals of $34.50, as provided for in
the GSA per diem schedule. If a worker Assistant Secretary, Employment and the NRC’s PDR, Room O1–F21, One
Training Administration. White Flint North, 11555 Rockville
has no receipts, the employer is not
obligated to reimburse above the [FR Doc. 2015–03596 Filed 2–20–15; 8:45 am] Pike, Rockville, Maryland 20852.
minimum stated at 20 CFR 655.173(a) as BILLING CODE 4510–FP–P FOR FURTHER INFORMATION CONTACT:
specified above. James Kim, Office of Nuclear Reactor
The term ‘‘subsistence’’ includes both Regulation; U.S. Nuclear Regulatory
meals and lodging during travel to and NUCLEAR REGULATORY Commission, Washington, DC 20555–
from the worksite. Therefore, an COMMISSION 0001; telephone: 301–415–4125; email:
employer is responsible for providing [Docket No. 50–271; NRC–2015–0034]
James.Kim@nrc.gov.
(either paying in advance or I. Background
reimbursing a worker) the reasonable Entergy Nuclear Operations, Inc.,
costs of transportation and daily Vermont Yankee Nuclear Power Entergy is the holder of Renewed
subsistence between the employer’s Station Facility Operating License No. DPR–28.
worksite and the place from which the The license provides, among other
worker comes to work for the employer, AGENCY: Nuclear Regulatory things, that the facility is subject to all
if the worker completes 50 percent of Commission. rules, regulations, and orders of the NRC
the work contract period. Upon the ACTION: Exemption; issuance. now or hereafter in effect. The facility
worker completing the contract, the consists of a boiling-water reactor
SUMMARY: The U.S. Nuclear Regulatory located in Windham County, Vermont.
employer is obligated to pay the return Commission (NRC) is issuing an
costs. In those instances where a worker By letter dated January 12, 2015,
exemption in response to a October 31, (ADAMS Accession No. ML15013A426),
must travel to obtain a visa so that the 2013, request from Entergy Nuclear
worker may enter the U.S. to come to Entergy submitted to the NRC the
Operations, Inc. (Entergy or the certification, in accordance with Section
work for the employer, the employer licensee), from certain regulatory
must pay for the transportation and 50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title
requirements. The exemption would 10 of the Code of Federal Regulations
daily subsistence costs of that part of the remove the requirement that a licensed
travel as well. (10 CFR), indicating it permanently
senior operator approve the emergency ceased power operations and that the
As the Department has stated before,
suspension of security measures for VY reactor vessel was permanently
we interpret the regulation to require
Vermont Yankee Nuclear Power Station defueled.
the employer to assume responsibility
(VY) during certain emergency
for the reasonable costs associated with II. Request/Action
conditions or during severe weather.
the worker’s travel, including
transportation, food, and, in those ADDRESSES: Please refer to Docket ID On October 31, 2013 (ADAMS
instances where it is necessary, lodging. NRC–2015–0034 when contacting the Accession No. ML13317A077), the
The minimum and maximum daily NRC about the availability of licensee requested an exemption from
travel meal reimbursement amounts are information regarding this document. 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii),
You may obtain publicly-available pursuant to 10 CFR 73.5, ‘‘Specific
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established above. If transportation and
lodging are not provided by the information related to this document exemptions.’’ Section 73.55(p)(1)(i) and
employer, the amount an employer must using any of the following methods: 73.55(p)(1)(ii) require, in part, that the
pay for transportation and, where • Federal Rulemaking Web site: Go to suspension of security measures during
http://www.regulations.gov and search certain emergency conditions or during
2 Maximum Per Diem Rates for the Continental for Docket ID NRC–2015–0034. Address severe weather be approved by a
United States (CONUS), 79 FR 48168 (August. 15, questions about NRC dockets to Carol licensed senior operator. The exemption
2014); see also www.gsa.gov/perdiem. Gallagher; telephone: 301–415–3463; request relates solely to the licensing
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requirements specified in the permanently ceased operations and licensee’s proposed exemption will not
regulations for the staff directing permanently removed fuel from the reactor result in a violation of the Atomic
suspension of security measures in vessel, subject to the requirements of Energy Act of 1954, as amended, or
§ 50.82(a) and consistent with the proposed
accordance with 10 CFR 73.55(p)(1)(i) other laws. Therefore, the exemption is
definition of ‘‘Certified Fuel Handler’’
and 73.55(p)(1)(ii), and would remove specified in § 50.2, to make these evaluations authorized by law.
the requirement for a licensed senior and judgments. A nuclear power reactor that B. Will Not Endanger Life or Property or
operator to provide this approval. has permanently ceased operations and no the Common Defense and Security
Instead, the exemption would allow the longer has fuel in the reactor vessel does not
suspension of security measures during require a licensed individual to monitor core Removing the requirement to have a
certain emergency conditions or during conditions. A certified fuel handler at a licensed senior operator approve
severe weather by a certified fuel hander permanently shutdown and defueled nuclear suspension of security measures during
power reactor undergoing decommissioning emergencies or severe weather will not
(CFH). Portions of the letter dated
is an individual who has the requisite
October 31, 2013, contain sensitive knowledge and experience to evaluate plant
endanger life or property or the common
unclassified nonsafeguards information conditions and make these judgments. defense and security for the reasons
(security-related) and, accordingly, have described below.
been withheld from public disclosure. In the final rule (61 FR 39298; July 29, First, 10 CFR 73.55(p)(2) continues to
1996), the Commission added the require that ‘‘[s]uspended security
III. Discussion following definition to 10 CFR 50.2: measures must be reinstated as soon as
Historically, the Commission’s ‘‘Certified fuel handler means, for a conditions permit.’’
security rules have long recognized the nuclear power reactor facility, a non-
Second, the suspension for
potential to suspend security or licensed operator who has qualified in
nonweather emergency conditions
safeguards measures under certain accordance with a fuel handler training
under 10 CFR 73.55(p)(1)(i) will
conditions. Accordingly, 10 CFR program approved by the Commission.’’
continue to be invoked only ‘‘when this
50.54(x) and (y), first promulgated in However, the Decommissioning Rule
action is immediately needed to protect
1983, allow a licensee to take reasonable did not propose or make parallel
the public health and safety and no
steps in an emergency that deviate from changes to 10 CFR 73.55(a), and did not
action consistent with license
license conditions when those steps are discuss the role of a non-licensed
conditions and technical specifications
‘‘needed to protect the public health and certified fuel handler.
that can provide adequate or equivalent
safety’’ and there are no conforming In the final rule, ‘‘Power Reactor
protection is immediately apparent.’’
comparable measures. (48 FR 13970; Security Requirements’’ (74 FR 13926;
Thus, the underlying purpose of 10 CFR
April 1, 1983). As originally March 27, 2009), the NRC relocated and
73.55(p)(1)(i) will continue to be to
promulgated, the deviation from license split the security suspension
protect public health and safety even
conditions must be approved by, as a requirements from 10 CFR 73.55(a) to 10
after the exemption is granted.
minimum, a licensed senior operator. In CFR 73.55(p)(1)(i) and (p)(1)(ii). The
CFHs were not discussed in the Third, the suspension for severe
1986, in its final rule, ‘‘Miscellaneous weather under 10 CFR 73.55(p)(1)(ii)
Amendments Concerning the Physical rulemaking, so the requirements of 10
CFR 73.55(p) to use a licensed senior will continue to be used only when ‘‘the
Protection of Nuclear Power Plants’’ (51 suspension of affected security
FR 27817; August 4, 1986), the operator remain, even for a site that
otherwise no longer operates. measures is immediately needed to
Commission promulgated 10 CFR protect the personal health and safety of
73.55(a), stating in part: However, pursuant to 10 CFR 73.5,
the Commission may, upon application security force personnel and no other
In accordance with § 50.54 (x) and (y) of by any interested person or upon its immediately apparent action consistent
Part 50, the licensee may suspend any with the license conditions and
safeguards measures pursuant to § 73.55 in own initiative, grant exemptions from
the requirements of 10 CFR part 73, as technical specifications can provide
an emergency when this action is
it determines are authorized by law and adequate or equivalent protection.’’ The
immediately needed to protect the public
health and safety and no action consistent will not endanger life or property or the requirement to receive input from the
with license conditions and technical common defense and security, and are security supervisor or manager will
specification that can provide adequate or otherwise in the public interest. remain. The underlying purpose of 10
equivalent protection is immediately CFR 73.55(p)(1)(ii) will continue to be to
apparent. This suspension must be approved A. The Exemption Is Authorized by Law protect the health and safety of the
as a minimum by a licensed senior operator The exemption from 10 CFR security force.
prior to taking the action. Additionally, by letter dated October
73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii)
In 1995, the Commission made a would remove the requirement that a 1, 2014 (ADAMS Accession No.
number of proposed rule changes to licensed senior operator approve the ML14162A209), the NRC approved
address decommissioning. Among the suspension of security measures, under Entergy’s CFH training and retraining
changes were new regulations that certain emergency conditions or severe program for the VY facility. The NRC
affected § 50.54 (x) and (y) by allowing weather. The licensee intends to align staff found that, among other things, the
a non-licensed operator called a these regulations with 10 CFR 50.54(y) program addresses the safe conduct of
‘‘Certified Fuel Handler,’’ in addition to by using the authority of a non-licensed decommissioning activities, safe
a licensed senior operator, to authorize CFH in place of a licensed senior handling and storage of spent fuel, and
protective steps. Specifically, in operator to approve the suspension of the appropriate response to plant
addressing the role of the CFH during security measures during certain emergencies. Because the CFH is
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emergencies, the Commission stated in emergency conditions or during severe sufficiently trained and qualified under
the proposed rule, ‘‘Decommissioning of weather. an NRC-approved program, the NRC
Nuclear Power Reactors’’ (60 FR 37379; Per 10 CFR 73.5, the Commission is staff considers a CFH to have sufficient
July 20, 1995): allowed to grant exemptions from the knowledge of operational and safety
The Commission is proposing to amend 10 regulations in 10 CFR part 73, as concerns, such that allowing a CFH to
CFR 50.54(y) to permit a certified fuel authorized by law. The NRC staff has suspend security measures during the
handler at nuclear power reactors that have determined that granting of the emergencies or severe weather will not
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result in undue risk to public health and measures in the event of an emergency suspension at a defueled shutdown
safety. or severe weather. Second, the power plant does not (1) involve a
In addition, the exemption does not consistent and efficient regulation of significant increase in the probability or
reduce the overall effectiveness of the nuclear power plants serves the public consequences of an accident previously
physical security plan and has no interest. This exemption would assure evaluated; or (2) create the possibility of
adverse impacts to Entergy’s ability to consistency between the security a new or different kind of accident from
physically secure the site or protect regulations in 10 CFR part 73 and the any accident previously evaluated; or
special nuclear material at VY, and thus operating reactor regulations in 10 CFR (3) involve a significant reduction in a
would not have an effect on the part 50, and the requirements margin of safety. The exempted security
common defense and security. The NRC concerning licensed operators in 10 CFR
regulation is unrelated to any
staff has concluded that the exemption part 55. The NRC staff has determined
would not reduce security measures operational restriction. Accordingly,
that granting of the licensee’s proposed
currently in place to protect against exemption would allow the licensee to there is no significant change in the
radiological sabotage. Therefore, designate an alternative position, with types or significant increase in the
removing the requirement for a licensed qualifications appropriate for a amounts of any effluents that may be
senior operator to approve the permanently shutdown and defueled released offsite; and no significant
suspension of security measures in an reactor, to approve the suspension of increase in individual or cumulative
emergency or during severe weather, to security measures during an emergency public or occupational radiation
allow suspension of security measures to protect the public health and safety, exposure. The exempted regulation is
to be authorized by a CFH, does not and during severe weather to protect the not associated with construction, so
adversely affect public health and safety safety of the security force, consistent there is no significant construction
issues or the assurance of the common with the similar authority provided by impact. The exempted regulation does
defense and security. 10 CFR 50.54(y). Therefore, the not concern the source term (i.e.,
C. Is Otherwise in the Public Interest exemption is in the public interest. potential amount of radiation in an
D. Environmental Considerations accident), nor mitigation. Thus, there is
Entergy’s proposed exemption would
no significant increase in the potential
remove the requirement that a licensed The NRC approval of the exemption for, or consequences of, a radiological
senior operator approve suspension of to security requirements belongs to a
security measures in an emergency accident. The requirement to have a
category of actions that the Commission,
when ‘‘immediately needed to protect licensed senior operator approve
by rule or regulation, has declared to be
the public health and safety’’ or during a categorical exclusion, after first departure from security actions may be
severe weather when ‘‘immediately finding that the category of actions does viewed as involving either safeguards,
needed to protect the personal health not individually or cumulatively have a materials control, or managerial matters.
and safety of security force personnel.’’ significant effect on the human Therefore, pursuant to 10 CFR
Without the exemption, the licensee environment. Specifically, the 51.22(b) and 51.22(c)(25), no
cannot implement changes to its exemption is categorically excluded environmental impact statement or
security plan to authorize a CFH to from further analysis under 10 CFR environmental assessment need be
approve the temporary suspension of 51.22(c)(25). prepared in connection with the
security regulations during an Under 10 CFR 51.22(c)(25), granting approval of this exemption request.
emergency or severe weather, of an exemption from the requirements
comparable to the authority given to the of any regulation of Chapter I to 10 CFR IV. Conclusions
CFH by the Commission when it is a categorical exclusion provided that
promulgated 10 CFR 50.54(y). Instead, (i) there is no significant hazards Accordingly, the Commission has
the regulations would continue to consideration; (ii) there is no significant determined that, pursuant to 10 CFR
require that a licensed senior operator change in the types or significant 73.5, the exemption is authorized by
be available to make decisions for a increase in the amounts of any effluents law and will not endanger life or
permanently shutdown plant, even that may be released offsite; (iii) there is property or the common defense and
though VY no longer requires a licensed no significant increase in individual or security, and is otherwise in the public
senior operator. However, it is unclear cumulative public or occupational interest. Therefore, the Commission
how the licensee would implement radiation exposure; (iv) there is no hereby grants the licensee’s request for
emergency or severe weather significant construction impact; (v) an exemption from the requirements of
suspensions of security measures there is no significant increase in the 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii),
without a licensed senior operator. This potential for or consequences from which otherwise would require
exemption is in the public interest for radiological accidents; and (vi) the suspension of security measures during
two reasons. First, without the requirements from which an exemption emergencies and severe weather,
exemption, there is uncertainty on how is sought involve: safeguard plans, and respectively, to be approved by a
the licensee will invoke temporary materials control and accounting licensed senior operator. The exemption
suspension of security matters that may inventory scheduling requirements; or is effective upon issuance.
be needed for protecting public health involve other requirements of an
and safety or the safety of the security administrative, managerial, or Dated at Rockville, Maryland, this 12th day
forces during emergencies and severe organizational nature. of February 2015.
weather. The exemption would allow The Director, Division of Operating For the Nuclear Regulatory Commission.
Rmajette on DSK2VPTVN1PROD with NOTICES
the licensee to make decisions pursuant Reactor Licensing, Office of Nuclear Michele G. Evans,
to 73.55(p)(1)(i) & (ii) without having to Reactor Regulation, has determined that Director, Division of Operating Reactor
maintain a staff of licensed senior approval of the exemption request Licensing, Office of Nuclear Reactor
operators. The exemption would also involves no significant hazards Regulation.
allow the licensee to have an consideration because removing the [FR Doc. 2015–03624 Filed 2–20–15; 8:45 am]
established procedure in place to allow requirement to have a licensed senior
BILLING CODE 7590–01–P
a trained CFH to suspend security operator approve the security
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Document Created: 2015-12-18 13:28:45
Document Modified: 2015-12-18 13:28:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Exemption; issuance. | |
| Contact | James Kim, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-4125; email: [email protected] | |
| FR Citation | 80 FR 9483 |
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