81 FR 74820 - Entergy Nuclear Operations, Inc.; FitzPatrick Nuclear Power Plant
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 208 (October 27, 2016)
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74820-74822 | |
| FR Document | 2016-25989 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Notices] [Pages 74820-74822] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25989] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-333; NRC-2016-0221] Entergy Nuclear Operations, Inc.; FitzPatrick Nuclear Power Plant AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a January 15, 2016, request from Entergy Nuclear Operations, Inc. (Entergy or the licensee), from certain regulatory requirements. The exemption would permit a certified fuel handler to approve the emergency suspension of security measures for James A. Fitzpatrick Nuclear Power Plant (JAF) during certain emergency conditions or during severe weather. The exemption will be effective after JAF has submitted the certifications that it has permanently ceased power operation and has permanently removed fuel from the reactor vessel. ADDRESSES: Please refer to Docket ID NRC-2016-0221 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-2016-0221. 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 (if it is available in ADAMS) is provided the first time that it is mentioned in this document. 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: Thomas Wengert, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4037; email: [email protected]. I. Background Entergy is the holder of Renewed Facility Operating License No. DPR-59, which authorizes operation of JAF. 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 Oswego County, New York. By letter dated November 18, 2015 (ADAMS Accession No. ML15322A273), Entergy submitted to the NRC, the certification, in accordance with Sec. 50.82(a)(1)(i) of title 10 of the Code of Federal Regulations (10 CFR), indicating that it intended to permanently cease operations of JAF. By letter dated March 16, 2016 (ADAMS Accession No. ML16076A391), Entergy certified that it plans to permanently cease power operations at JAF on January 27, 2017. II. Request/Action On January 15, 2016 (ADAMS Accession No. ML16015A457), the licensee requested an exemption from Sec. 73.55(p)(1)(i) and (ii), pursuant to Sec. 73.5, ``Specific exemptions.'' Section 73.55(p)(1)(i) and (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 requirements specified in the regulations directing suspension of security measures in accordance with Sec. 73.55(p)(1)(i)-(ii), and would expand on the requirement for a licensed senior operator to provide this approval. The exemption would allow the suspension of security measures during certain emergency conditions or during severe weather by a certified fuel handler [[Page 74821]] (CFH) after the certifications required under Sec. 50.82(a)(1) have been docketed. III. Discussion Historically, the NRC's security regulations have long recognized the potential to suspend security or safeguards measures under certain conditions. Accordingly, 10 CFR 50.54(x) and (y), first issued or published 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 issued, 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 issued 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 NRC made a number of regulatory changes to address decommissioning. Among the changes was new text that amended 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 NRC 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 judgements. In the final rule (61 FR 39298; July 29, 1996), the NRC added the following definition to Sec. 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 Sec. 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 removed the security suspension requirements from Sec. 73.55(a) and added them to Sec. 73.55(p)(1)(i) and (ii). The CFHs were not discussed in the rulemaking, so the requirements of Sec. 73.55(p) to use a licensed senior operator remain, even for a site that otherwise no longer operates. However, pursuant to Sec. 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 Sec. 73.55(p)(1)(i) and (ii) would expand upon the requirement that only a licensed senior operator could approve the suspension of security measures under certain emergency conditions or severe weather. The licensee intends to use the exemption to authorize the use 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 after JAF permanently ceases operation and the licensee has submitted the certifications required under Sec. 50.82(a)(1). Per Sec. 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 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 Expanding the requirement to have a licensed senior operator or a CFH 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 in this section. First, Sec. 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 Sec. 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 exemption would not prevent the licensee from meeting the underlying purpose of Sec. 73.55(p)(1)(i) to protect public health and safety. Third, the suspension for severe weather under Sec. 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 exemption would not prevent the licensee from meeting the underlying purpose of Sec. 73.55(p)(1)(ii) to protect the health and safety of the security force. Additionally, by letter dated October 17, 2016 (ADAMS Accession No. ML16259A347), the NRC approved Entergy's CFH training and retraining program for the JAF 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 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 emergencies or severe weather will not 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 JAF, 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, [[Page 74822]] 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 allow a CFH, following permanent cessation of operation and permanent removal of fuel from the reactor vessel, to 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 NRC when it published Sec. 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 JAF would no longer require 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 force during emergencies and severe weather. The exemption would allow the licensee to make decisions pursuant to Sec. 73.55(p)(1)(i) and (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 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 Sec. 50.54(y). Therefore, the exemption is in the public interest. D. Environmental Considerations The NRC's 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 Sec. 51.22(c)(25). Under Sec. 51.22(c)(25), the 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 expanding the requirement to allow a CFH to 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 Sec. 51.22(b) and (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 (ii), which otherwise would require suspension of security measures during emergencies and severe weather, respectively, to be approved by a licensed senior operator following permanent cessation of operations and permanent removal of fuel from the reactor vessel. The exemption is effective upon the docketing of the certification of permanent removal of fuel in accordance with 10 CFR 50.82(a)(1)(ii). Dated at Rockville, Maryland, this 20th day of October 2016. For the Nuclear Regulatory Commission. George A. Wilson, Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2016-25989 Filed 10-26-16; 8:45 am] BILLING CODE 7590-01-P
![74820 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices
F. the exemption will not result in a amendment that the licensee requested adams.html. To begin the search, select
significant decrease in the level of safety on May 5, 2016. ‘‘ADAMS Public Documents’’ and then
otherwise provided by the design. The exemption and amendment were select ‘‘Begin Web-based ADAMS
2. Accordingly, the licensee is granted issued on October 4, 2016 as part of a Search.’’ For problems with ADAMS,
an exemption from the certified DCD combined package to the licensee please contact the NRC’s Public
Tier 1 information, with corresponding (ADAMS Accession No. ML16237A283). Document Room (PDR) reference staff at
changes to Appendix C of the facility Dated at Rockville, Maryland, this 20th day 1–800–397–4209, 301–415–4737, or by
COLs as described in the licensee’s of October 2016. email to pdr.resource@nrc.gov. The
request dated May 5, 2016. This For the Nuclear Regulatory Commission. ADAMS accession number for each
exemption is related to, and necessary document referenced (if it is available in
Jennifer Dixon-Herrity,
for, the granting of License Amendment ADAMS) is provided the first time that
Chief, Licensing Branch 4, Division of New
No. 55, which is being issued it is mentioned in this document.
Reactor Licensing, Office of New Reactors.
concurrently with this exemption. • NRC’s PDR: You may examine and
[FR Doc. 2016–25981 Filed 10–26–16; 8:45 am] purchase copies of public documents at
3. As explained in Section 5.0,
‘‘Environmental Consideration,’’ of the BILLING CODE 7590–01–P the NRC’s PDR, Room O1–F21, One
NRC staff’s Safety Evaluation this White Flint North, 11555 Rockville
exemption meets the eligibility criteria Pike, Rockville, Maryland 20852.
for categorical exclusion set forth in 10 NUCLEAR REGULATORY
FOR FURTHER INFORMATION CONTACT:
CFR 51.22(c)(9). Therefore, pursuant to COMMISSION
Thomas Wengert, Office of Nuclear
10 CFR 51.22(b), no environmental [Docket No. 50–333; NRC–2016–0221] Reactor Regulation; U.S. Nuclear
impact statement or environmental Regulatory Commission, Washington,
assessment needs to be prepared in Entergy Nuclear Operations, Inc.; DC 20555–0001; telephone: 301–415–
connection with the issuance of the FitzPatrick Nuclear Power Plant 4037; email: Thomas.Wengert@nrc.gov.
exemption. AGENCY: Nuclear Regulatory
4. This exemption is effective as of the I. Background
Commission. Entergy is the holder of Renewed
date of its issuance.
ACTION: Exemption; issuance. Facility Operating License No. DPR–59,
III. License Amendment Request which authorizes operation of JAF. The
SUMMARY: The U.S. Nuclear Regulatory
By letter dated May 5, 2016, the license provides, among other things,
Commission (NRC) is issuing an
licensee requested that the NRC amend that the facility is subject to all rules,
exemption in response to a January 15,
the COLs for VEGP, Units 3 and 4, COLs regulations, and orders of the NRC now
2016, request from Entergy Nuclear
NPF–91 and NPF–92. The proposed or hereafter in effect. The facility
Operations, Inc. (Entergy or the
amendment is described in Section I of consists of a boiling-water reactor
licensee), from certain regulatory
this Federal Register notice. located in Oswego County, New York.
The Commission has determined for requirements. The exemption would By letter dated November 18, 2015
these amendments that the application permit a certified fuel handler to (ADAMS Accession No. ML15322A273),
complies with the standards and approve the emergency suspension of Entergy submitted to the NRC, the
requirements of the Atomic Energy Act security measures for James A. certification, in accordance with
of 1954, as amended (the Act), and the Fitzpatrick Nuclear Power Plant (JAF) § 50.82(a)(1)(i) of title 10 of the Code of
Commission’s rules and regulations. during certain emergency conditions or Federal Regulations (10 CFR), indicating
The Commission has made appropriate during severe weather. The exemption that it intended to permanently cease
findings as required by the Act and the will be effective after JAF has submitted operations of JAF. By letter dated March
Commission’s rules and regulations in the certifications that it has permanently 16, 2016 (ADAMS Accession No.
10 CFR chapter I, which are set forth in ceased power operation and has ML16076A391), Entergy certified that it
the license amendment. permanently removed fuel from the plans to permanently cease power
A notice of consideration of issuance reactor vessel. operations at JAF on January 27, 2017.
of amendment to facility operating ADDRESSES: Please refer to Docket ID
NRC–2016–0221 when contacting the II. Request/Action
license or combined license, as
applicable, proposed no significant NRC about the availability of On January 15, 2016 (ADAMS
hazards consideration determination, information regarding this document. Accession No. ML16015A457), the
and opportunity for a hearing in You may obtain publicly-available licensee requested an exemption from
connection with these actions, was information related to this document § 73.55(p)(1)(i) and (ii), pursuant to
published in the Federal Register on using any of the following methods: § 73.5, ‘‘Specific exemptions.’’ Section
July 19, 2016 (81 FR 46958). No • Federal Rulemaking Web site: Go to 73.55(p)(1)(i) and (ii) require, in part,
comments were received during the 30- http://www.regulations.gov and search that the suspension of security measures
day comment period. for Docket ID NRC–2016–0221. Address during certain emergency conditions or
The Commission has determined that questions about NRC dockets to Carol during severe weather be approved by a
these amendments satisfy the criteria for Gallagher; telephone: 301–415–3463; licensed senior operator. The exemption
categorical exclusion in accordance email: Carol.Gallagher@nrc.gov. For request relates solely to the licensing
with 10 CFR 51.22. Therefore, pursuant technical questions, contact the requirements specified in the
to 10 CFR 51.22(b), no environmental individual listed in the FOR FURTHER regulations directing suspension of
INFORMATION CONTACT section of this security measures in accordance with
sradovich on DSK3GMQ082PROD with NOTICES
impact statement or environmental
assessment need be prepared for these document. § 73.55(p)(1)(i)–(ii), and would expand
amendments. • NRC’s Agencywide Documents on the requirement for a licensed senior
Access and Management System operator to provide this approval. The
IV. Conclusion (ADAMS): You may obtain publicly- exemption would allow the suspension
Using the reasons set forth in the available documents online in the of security measures during certain
combined safety evaluation, the staff ADAMS Public Documents collection at emergency conditions or during severe
granted the exemption and issued the http://www.nrc.gov/reading-rm/ weather by a certified fuel handler
VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1](https://thefederalregister.org/doc/81_FR_75028/page/1.svg)
![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices 74821
(CFH) after the certifications required In the final rule (61 FR 39298; July 29, security for the reasons described in this
under § 50.82(a)(1) have been docketed. 1996), the NRC added the following section.
definition to § 50.2: ‘‘Certified fuel First, § 73.55(p)(2) continues to
III. Discussion require that ‘‘[s]uspended security
handler means, for a nuclear power
Historically, the NRC’s security reactor facility, a non-licensed operator measures must be reinstated as soon as
regulations have long recognized the who has qualified in accordance with a conditions permit.’’
potential to suspend security or fuel handler training program approved Second, the suspension for
safeguards measures under certain by the Commission.’’ However, the nonweather emergency conditions
conditions. Accordingly, 10 CFR decommissioning rule did not propose under § 73.55(p)(1)(i) will continue to be
50.54(x) and (y), first issued or or make parallel changes to § 73.55(a), invoked only ‘‘when this action is
published in 1983, allow a licensee to and did not discuss the role of a non- immediately needed to protect the
take reasonable steps in an emergency licensed certified fuel handler. public health and safety and no action
that deviate from license conditions In the final rule, ‘‘Power Reactor consistent with license conditions and
when those steps are ‘‘needed to protect Security Requirements’’ (74 FR 13926; technical specifications that can provide
the public health and safety’’ and there March 27, 2009), the NRC removed the adequate or equivalent protection is
are no conforming comparable measures security suspension requirements from immediately apparent.’’ Thus, the
(48 FR 13970; April 1, 1983). As § 73.55(a) and added them to exemption would not prevent the
originally issued, the deviation from § 73.55(p)(1)(i) and (ii). The CFHs were licensee from meeting the underlying
license conditions must be approved by, not discussed in the rulemaking, so the purpose of § 73.55(p)(1)(i) to protect
as a minimum, a licensed senior requirements of § 73.55(p) to use a public health and safety.
operator. In 1986, in its final rule, Third, the suspension for severe
licensed senior operator remain, even
‘‘Miscellaneous Amendments weather under § 73.55(p)(1)(ii) will
for a site that otherwise no longer
Concerning the Physical Protection of continue to be used only when ‘‘the
operates.
Nuclear Power Plants’’ (51 FR 27817; suspension of affected security
However, pursuant to § 73.5, the measures is immediately needed to
August 4, 1986), the Commission issued Commission may, upon application by protect the personal health and safety of
10 CFR 73.55(a), stating in part: any interested person or upon its own security force personnel and no other
In accordance with § 50.54 (x) and (y) of initiative, grant exemptions from the immediately apparent action consistent
Part 50, the licensee may suspend any requirements of 10 CFR part 73, as it with the license conditions and
safeguards measures pursuant to § 73.55 in determines are authorized by law and technical specifications can provide
an emergency when this action is will not endanger life or property or the
immediately needed to protect the public
adequate or equivalent protection.’’ The
common defense and security, and are requirement to receive input from the
health and safety and no action consistent otherwise in the public interest.
with license conditions and technical security supervisor or manager will
specification that can provide adequate or A. The Exemption Is Authorized by Law remain. The exemption would not
equivalent protection is immediately prevent the licensee from meeting the
apparent. This suspension must be approved The exemption from § 73.55(p)(1)(i) underlying purpose of § 73.55(p)(1)(ii)
as a minimum by a licensed senior operator and (ii) would expand upon the to protect the health and safety of the
prior to taking the action. requirement that only a licensed senior security force.
operator could approve the suspension Additionally, by letter dated October
In 1995, the NRC made a number of of security measures under certain
regulatory changes to address 17, 2016 (ADAMS Accession No.
emergency conditions or severe ML16259A347), the NRC approved
decommissioning. Among the changes weather. The licensee intends to use the
was new text that amended § 50.54(x) Entergy’s CFH training and retraining
exemption to authorize the use of a non- program for the JAF facility. The NRC
and (y) by allowing a non-licensed licensed CFH, in place of a licensed
operator called a ‘‘Certified Fuel staff found that, among other things, the
senior operator, to approve the program addresses the safe conduct of
Handler,’’ in addition to a licensed suspension of security measures during
senior operator, to authorize protective decommissioning activities, safe
certain emergency conditions or during handling and storage of spent fuel, and
steps. Specifically, in addressing the severe weather after JAF permanently
role of the CFH during emergencies, the the appropriate response to plant
ceases operation and the licensee has emergencies. Because the CFH is
NRC stated in the proposed rule, submitted the certifications required
‘‘Decommissioning of Nuclear Power qualified under an NRC-approved
under § 50.82(a)(1). program, the NRC staff considers a CFH
Reactors’’ (60 FR 37379; July 20, 1995):
Per § 73.5, the Commission is allowed to have sufficient knowledge of
The Commission is proposing to amend 10 to grant exemptions from the regulations operational and safety concerns, such
CFR 50.54(y) to permit a certified fuel in 10 CFR part 73, as authorized by law. that allowing a CFH to suspend security
handler at nuclear power reactors that have
The NRC staff has determined that measures during emergencies or severe
permanently ceased operations and
permanently removed fuel from the reactor granting the licensee’s proposed weather will not result in undue risk to
vessel, subject to the requirements of exemption will not result in a violation public health and safety.
§ 50.82(a) and consistent with the proposed of the Atomic Energy Act of 1954, as In addition, the exemption does not
definition of ‘‘Certified Fuel Handler’’ amended, or other laws. Therefore, the reduce the overall effectiveness of the
specified in § 50.2, to make these evaluations exemption is authorized by law. physical security plan and has no
and judgments. A nuclear power reactor that adverse impacts to Entergy’s ability to
has permanently ceased operations and no B. Will Not Endanger Life or Property or
physically secure the site or protect
sradovich on DSK3GMQ082PROD with NOTICES
longer has fuel in the reactor vessel does not the Common Defense and Security
special nuclear material at JAF, and thus
require a licensed individual to monitor core Expanding the requirement to have a would not have an effect on the
conditions. A certified fuel handler at a
permanently shutdown and defueled nuclear
licensed senior operator or a CFH common defense and security. The NRC
power reactor undergoing decommissioning approve suspension of security staff has concluded that the exemption
is an individual who has the requisite measures during emergencies or severe would not reduce security measures
knowledge and experience to evaluate plant weather will not endanger life or currently in place to protect against
conditions and make these judgements. property or the common defense and radiological sabotage. Therefore,
VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1](https://thefederalregister.org/doc/81_FR_75028/page/2.svg)
![74822 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices
removing the requirement for a licensed exemption would allow the licensee to types or significant increase in the
senior operator to approve the designate an alternative position, with amounts of any effluents that may be
suspension of security measures in an qualifications appropriate for a released offsite; and no significant
emergency or during severe weather, to permanently shutdown and defueled increase in individual or cumulative
allow suspension of security measures reactor, to approve the suspension of public or occupational radiation
to be authorized by a CFH, does not security measures during an emergency exposure. The exempted regulation is
adversely affect public health and safety to protect the public health and safety, not associated with construction, so
issues or the assurance of the common and during severe weather to protect the there is no significant construction
defense and security. safety of the security force, consistent impact. The exempted regulation does
with the similar authority provided by not concern the source term (i.e.,
C. Is Otherwise in the Public Interest
§ 50.54(y). Therefore, the exemption is potential amount of radiation in an
Entergy’s proposed exemption would in the public interest. accident), nor mitigation. Thus, there is
allow a CFH, following permanent no significant increase in the potential
cessation of operation and permanent D. Environmental Considerations
for, or consequences of, a radiological
removal of fuel from the reactor vessel, The NRC’s approval of the exemption accident. The requirement to have a
to approve suspension of security to security requirements belongs to a licensed senior operator approve
measures in an emergency when category of actions that the Commission, departure from security actions may be
‘‘immediately needed to protect the by rule or regulation, has declared to be viewed as involving either safeguards,
public health and safety’’ or during a categorical exclusion, after first materials control, or managerial matters.
severe weather when ‘‘immediately finding that the category of actions does
needed to protect the personal health not individually or cumulatively have a Therefore, pursuant to § 51.22(b) and
and safety of security force personnel.’’ significant effect on the human (c)(25), no environmental impact
Without the exemption, the licensee environment. Specifically, the statement or environmental assessment
cannot implement changes to its exemption is categorically excluded need be prepared in connection with the
security plan to authorize a CFH to from further analysis under approval of this exemption request.
approve the temporary suspension of § 51.22(c)(25). IV. Conclusions
security regulations during an Under § 51.22(c)(25), the granting of
emergency or severe weather, an exemption from the requirements of Accordingly, the Commission has
comparable to the authority given to the any regulation of Chapter I to 10 CFR is determined that, pursuant to 10 CFR
CFH by the NRC when it published a categorical exclusion provided that: (i) 73.5, the exemption is authorized by
§ 50.54(y). Instead, the regulations There is no significant hazards law and will not endanger life or
would continue to require that a consideration; (ii) there is no significant property or the common defense and
licensed senior operator be available to change in the types or significant security, and is otherwise in the public
make decisions for a permanently increase in the amounts of any effluents interest. Therefore, the Commission
shutdown plant, even though JAF that may be released offsite; (iii) there is hereby grants the licensee’s request for
would no longer require a licensed no significant increase in individual or an exemption from the requirements of
senior operator. However, it is unclear cumulative public or occupational 10 CFR 73.55(p)(1)(i) and (ii), which
how the licensee would implement radiation exposure; (iv) there is no otherwise would require suspension of
emergency or severe weather significant construction impact; (v) security measures during emergencies
suspensions of security measures there is no significant increase in the and severe weather, respectively, to be
without a licensed senior operator. This potential for or consequences from approved by a licensed senior operator
exemption is in the public interest for radiological accidents; and (vi) the following permanent cessation of
two reasons. First, without the requirements from which an exemption operations and permanent removal of
exemption, there is uncertainty on how is sought involve: Safeguard plans, and fuel from the reactor vessel. The
the licensee will invoke temporary materials control and accounting exemption is effective upon the
suspension of security matters that may inventory scheduling requirements; or docketing of the certification of
be needed for protecting public health involve other requirements of an permanent removal of fuel in
and safety or the safety of the security administrative, managerial, or accordance with 10 CFR 50.82(a)(1)(ii).
force during emergencies and severe organizational nature.
The Director, Division of Operating Dated at Rockville, Maryland, this 20th day
weather. The exemption would allow
Reactor Licensing, Office of Nuclear of October 2016.
the licensee to make decisions pursuant
to § 73.55(p)(1)(i) and (ii) without Reactor Regulation, has determined that For the Nuclear Regulatory Commission.
having to maintain a staff of licensed approval of the exemption request George A. Wilson,
senior operators. The exemption would involves no significant hazards Deputy Director, Division of Operating
also allow the licensee to have an consideration because expanding the Reactor Licensing, Office of Nuclear Reactor
established procedure in place to allow requirement to allow a CFH to approve Regulation.
a trained CFH to suspend security the security suspension at a defueled [FR Doc. 2016–25989 Filed 10–26–16; 8:45 am]
measures in the event of an emergency shutdown power plant does not (1) BILLING CODE 7590–01–P
or severe weather. Second, the involve a significant increase in the
consistent and efficient regulation of probability or consequences of an
nuclear power plants serves the public accident previously evaluated; or (2) NUCLEAR REGULATORY
interest. This exemption would assure create the possibility of a new or COMMISSION
sradovich on DSK3GMQ082PROD with NOTICES
consistency between the security different kind of accident from any
regulations in 10 CFR part 73 and the accident previously evaluated; or (3) [Docket No. 50–182; NRC–2011–0186]
operating reactor regulations in 10 CFR involve a significant reduction in a
part 50, and the requirements margin of safety. The exempted security Purdue University Reactor
concerning licensed operators in 10 CFR regulation is unrelated to any
part 55. The NRC staff has determined operational restriction. Accordingly, AGENCY:Nuclear Regulatory
that granting the licensee’s proposed there is no significant change in the Commission.
VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1](https://thefederalregister.org/doc/81_FR_75028/page/3.svg)
Document Created: 2016-10-27 01:52:59
Document Modified: 2016-10-27 01:52:59
| 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 | Thomas Wengert, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4037; email: [email protected] | |
| FR Citation | 81 FR 74820 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR