82 FR 32890 - Omaha Public Power District; Fort Calhoun Station, Unit No. 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 136 (July 18, 2017)
Federal Register Volume 82, Issue 136 (July 18, 2017)
| Page Range | 32890-32893 | |
| FR Document | 2017-15069 |
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)] [Notices] [Pages 32890-32893] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15069] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-285; NRC-2017-0160] Omaha Public Power District; Fort Calhoun Station, Unit No. 1 AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a October 7, 2016, request from Omaha Public Power District (OPPD or the licensee), from certain regulatory requirements. The exemption would permit a certified fuel handler (CFH), in addition to a licensed senior operator, to approve the emergency suspension of security measures for Fort Calhoun Station, Unit No. 1 (FCS) during certain emergency conditions or during severe weather. DATES: The exemption was issued on July 7, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0160 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 [[Page 32891]] for Docket ID NRC-2017-0160. 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 Omaha Public Power District (OPPD) is the holder of Renewed Facility Operating License No. DPR-40 for Fort Calhoun Station (FCS). 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 pressurized-water reactor located in Washington County, Nebraska. By letter dated August 25, 2016 (ADAMS Accession No. ML16242A127), OPPD submitted a certification to the NRC indicating it would permanently cease power operations at FCS on October 24, 2016. On October 24, 2016, OPPD permanently ceased power operation at FCS. On November 13, 2016 (ADAMS Accession No. ML16319A254), OPPD certified that it had permanently defueled the FCS reactor vessel. In accordance with Sec. 50.82(a)(1)(i) and (ii), and Sec. 50.82(a)(2) of title 10 of the Code of Federal Regulations (10 CFR), the specific license for the facility no longer authorizes reactor operation, or emplacement or retention of fuel in the respective reactor vessel, after certifications of permanent cessation of operations and of permanent removal of fuel from the reactor vessel are docketed for FCS. By letter dated June 21, 2017 (ADAMS Accession No. ML17144A246), the NRC approved the Certified Fuel Handler Training and Retraining Program for FCS that supports the exemption request discussed herein. The CFH Training and Retraining Program is to be used to satisfy training requirements for the plant personnel responsible for supervising and directing the monitoring, storage, handling, and cooling of irradiated nuclear fuel in a manner consistent with ensuring the health and safety of the public. As stated in section 10 CFR 50.2, ``Definitions,'' CFHs are qualified in accordance with an NRC-approved training program. II. Request/Action On October 7, 2016 (ADAMS Accession No. ML16281A469), the licensee requested an exemption from Sec. 73.55(p)(1)(i) and (ii), pursuant to Sec. 73.5, ``Specific exemptions.'' The current Sec. 73.55(p)(1)(i) and (ii) regulations state that a licensed senior operator, as a minimum, must approve the suspension of security measures during certain situations. The proposed exemption would authorize an CFH, in addition to the licensed senior operator, to approve the suspension of security measures under 10 CFR 73.55(p)(1)(i) and (ii) at FCS. III. Discussion The NRC's regulations related to security address the potential need to suspend security or safeguards measures under certain conditions. Accordingly, 10 CFR 50.54(x) and (y), first 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 13966; April 1, 1983). As originally issued, the deviation from license conditions had to 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 Sec. 73.55(a), which provided that 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 specifications that can provide adequate or equivalent protection is immediately apparent. The regulation further required that this suspension be approved as a minimum by a senior licensed operator prior to taking action. In 1996, the NRC made a number of regulatory changes to address decommissioning. One of the changes was to amend Sec. 50.54(x) and (y) to authorize a non-licensed operator called a ``Certified Fuel Handler,'' in addition to a licensed senior operator, to approve such protective steps. In addressing the role of the CFH during emergencies in Sec. 50.54(y), the Commission stated in the proposed rule, ``Decommissioning of Nuclear Power Reactors'' (60 FR 37374; July 20, 1995): 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 1996 final rulemaking, ``Decommissioning of Nuclear Power Reactors'' (61 FR 39278; 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, this rule did not propose or make parallel changes to the provisions governing suspension of security requirements set forth in Sec. 73.55(a), and did not discuss the role of a non- licensed CFH. In the 2009 final rule, ``Power Reactor Security Requirements'' (74 FR 13926; March 27, 2009), the NRC moved the security suspension requirements from Sec. 73.55(a) to Sec. 73.55(p)(1)(i) and (ii). The role of a CFH was not discussed in this rulemaking, so the suspension of security measures in accordance with Sec. 73.55(p) continued to require approval as a minimum by a licensed senior operator, even for a site that otherwise is no longer operational. 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. [[Page 32892]] A. The Exemption Is Authorized by Law The requested exemption from Sec. 73.55(p)(1)(i) and (ii) would allow a CFH, in addition to a licensed senior operator, to approve the suspension of security measures, under certain emergency conditions or severe weather. The NRC's current regulations in 50.54(y) allow a CFH to suspend security measures under certain conditions. Granting the exemption would align the licensee's practice under 73.55(p) with what is done under 50.54(y). Consistent with 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 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 Modifying the requirement to allow a CFH, in addition to a licensed senior operator, to 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, the requested exemption would not exempt the licensee from meeting the requirements set forth in 10 CFR 73.55(p)(2) that the ``[s]uspended security measures must be reinstated as soon as conditions permit.'' Therefore, 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 even after the exemption is granted. Second, the suspension for non-weather 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.'' Therefore, 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 even after the exemption is granted. 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. Therefore, 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. Fourth, by letter dated June 21, 2017, the NRC approved OPPD's CFH training and retraining program for the FCS 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 will be 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 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 licensee's physical security plan or affect the licensee's ability to protect special nuclear material at FCS. Thus, the exemption would not have an adverse effect on the common defense and security. For the reasons set forth above, the NRC staff has concluded that the exemption would not reduce security measures currently in place to protect against radiological sabotage. Therefore, modifying the requirement to allow a CFH, in addition to a licensed senior operator, to approve the suspension of security measures in an emergency or during severe weather, 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 NRC regulations currently require that a licensed senior operator at a minimum must approve the suspension of security measures in 10 CFR 73.55(p)(1)(i) and (ii). However, since FCS is shutdown, the licensee is not required to have a licensed senior operator onsite. Therefore, it is unclear how the licensee would implement emergency or severe weather suspensions of security measures in the absence of a licensed senior operator. Omaha Public Power District's proposed exemption would allow a certified fuel handler, in addition to a licensed senior operator, 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.'' Granting this exemption request to authorize a CFH to approve temporary suspension of security regulations during an emergency or severe weather would align with the comparable authority given to the CFH in 10 CFR 50.54(y). This exemption is in the interest of the public for two reasons. First, the exemption provides the licensee with an efficient and rational method for invoking the 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. Additionally, the consistent and efficient regulation of nuclear power plants serves the public interest by assuring consistency between the security regulations in 10 CFR part 73 and the operating reactor regulations in 10 CFR part 50, as well as 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 a CFH with the appropriate qualifications 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. These provisions are consistent with the 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 from certain 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 [[Page 32893]] 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 are in one of several categories, including requirements involving safeguard plans, and materials control and accounting inventory scheduling requirements; and 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 in accordance with Sec. 51.22(c)(25), involves no significant hazards consideration because permitting a CFH, in addition to a licensed senior operator, to approve the suspension of security requirements 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. Also there will be no significant change in the types or a significant increase in the amounts of any effluents that may be released offsite as well as 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 neither concerns the source term (i.e., potential amount of radiation in an accident), nor accident mitigation measures. 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 departures from security requirements involves safeguards plans, materials control, and managerial and organizational 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), to authorize that the suspension of security measures at FCS must be approved as a minimum by either a licensed senior operator or a certified fuel handler. The exemption is effective upon receipt. Dated at Rockville, Maryland, this 7th day of July 2017. For the Nuclear Regulatory Commission. Kathryn M. Brock, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2017-15069 Filed 7-17-17; 8:45 am] BILLING CODE 7590-01-P
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Southern Nuclear Operating Company, No significant hazards consideration Effective date: As of the date of
Inc., Docket Nos. 52–025 and 50–026, comments received: No. issuance and shall be implemented
Vogtle Electric Generating Plant, Units 3 within 30 days from the date of
Tennessee Valley Authority, Docket
and 4, Burke County, Georgia issuance.
Nos. 50–390 and 50–391, Watts Bar
Date of amendment request: August Amendment Nos.: 169 (Unit 1) and
Nuclear Plant, Units 1 and 2, Rhea
29, 2016, as supplemented by letter 169 (Unit 2). A publicly-available
County, Tennessee
dated February 13, 2017. version is in ADAMS under Accession
Date of amendment request: October No. ML17129A024; documents related
Brief description of amendments: The
17, 2016, as supplemented by letter to these amendments are listed in the
amendments changed Combined
dated March 6, 2017. Safety Evaluation enclosed with the
License Nos. NPF–91 and NPF–92 for
Brief description of amendments: The amendments.
the Vogtle Electric Generating Plant,
amendments revised selected Technical Facility Operating License Nos. NPF–
Units 3 and 4. The amendments
Specification (TS) Surveillance 87 and NPF–89: The amendments
changed the Updated Final Safety
Requirements (SRs) for alternating revised the Facility Operating Licenses.
Analysis Report (UFSAR) in the form of
current electrical sources because of Date of initial notice in Federal
departures from the incorporated plant-
delays in the startup of Watts Bar Register: February 28, 2017 (82 FR
specific Design Control Document
Nuclear Plant, Unit 2. Specifically, the 12139).
(DCD) Tier 2* information. Specifically,
amendments revised the TSs to permit The Commission’s related evaluation
the amendment proposed changes to
a one-time extension of the specified 18- of the amendments is contained in a
demonstrate the quality and strength of
month interval for performing the Safety Evaluation dated June 29, 2017.
a specific population of welds between
required SRs. No significant hazards consideration
stainless steel mechanical couplers Date of issuance: June 28, 2017. comments received: No.
(couplers) and embedment plates that Effective date: As of the date of
did not receive the nondestructive Dated at Rockville, Maryland, this 6th day
issuance and shall be implemented of July 2017.
examinations required by the American within 30 days of issuance.
Institute of Steel Construction N690– For the Nuclear Regulatory Commission.
Amendment Nos.: 114 (Unit 1) and 12
1994, ‘‘Specification for the Design, (Unit 2). A publicly-available version is Eric J. Benner,
Fabrication, and Erection of Steel in ADAMS under Accession No. Deputy Director, Division of Operating
Safety-Related Structures for Nuclear ML17138A100; documents related to Reactor Licensing, Office of Nuclear Reactor
Facilities.’’ Since some of these coupler Regulation.
these amendments are listed in the
welds are already installed and Safety Evaluation enclosed with the [FR Doc. 2017–14743 Filed 7–17–17; 8:45 am]
embedded in concrete, the licensee amendments. BILLING CODE 7590–01–P
proposed to demonstrate the adequacy Facility Operating License Nos. NPF–
of these inaccessible coupler welds 90 and NPF–96: Amendments revised
through previously-performed visual the Facility Operating Licenses and TSs. NUCLEAR REGULATORY
testing examinations of the couplers and Date of initial notice in the Federal COMMISSION
static tension testing of a representative Register: February 28, 2017 (82 FR [Docket No. 50–285; NRC–2017–0160]
sample of accessible, uninstalled 12138). The supplemental letter dated
couplers produced concurrently with March 6, 2017, provided additional Omaha Public Power District; Fort
those already installed. information that clarified the Calhoun Station, Unit No. 1
Date of issuance: June 27, 2017. application, did not expand the scope of
Effective date: As of the date of AGENCY: Nuclear Regulatory
the application as originally noticed, Commission.
issuance and shall be implemented and did not change the staff’s original
within 30 days of issuance. ACTION: Exemption; issuance.
proposed no significant hazards
Amendment Nos.: 80 (Unit 3) and 79 consideration determination as
(Unit 4). A publicly-available version is SUMMARY: The U.S. Nuclear Regulatory
published in the Federal Register. Commission (NRC) is issuing an
in ADAMS under Package Accession The Commission’s related evaluation
No. ML17107A275; documents related exemption in response to a October 7,
of the amendments is contained in a 2016, request from Omaha Public Power
to these amendments are listed in the Safety Evaluation dated June 28, 2017.
Safety Evaluation enclosed with the District (OPPD or the licensee), from
No significant hazards consideration certain regulatory requirements. The
amendments. comments received: No.
Facility Operating License No. NPF– exemption would permit a certified fuel
91 and NPF–92: Amendments revised TEX Operations Company LLC, Docket handler (CFH), in addition to a licensed
the UFSAR in the form of departures Nos. 50–445 and 50–446, Comanche senior operator, to approve the
from the incorporated plant-specific Peak Nuclear Power Plant (CPNPP), emergency suspension of security
DCD Tier 2* information. Unit Nos. 1 and 2, Somervell County, measures for Fort Calhoun Station, Unit
Date of initial notice in Federal Texas No. 1 (FCS) during certain emergency
Register: November 8, 2017 (81 FR Date of amendment request: conditions or during severe weather.
78666). The supplement, dated February December 14, 2016. DATES: The exemption was issued on
13, 2017, provided additional Brief description of amendments: The July 7, 2017.
information that clarified the amendments revised the licensee name ADDRESSES: Please refer to Docket ID
application, did not expand the scope of NRC–2017–0160 when contacting the
sradovich on DSK3GMQ082PROD with NOTICES
from ‘‘TEX Operations Company LLC’’
the application as originally noticed, to ‘‘Vistra Operations Company LLC’’ in NRC about the availability of
and did not change the NRC staff’s the CPNPP, Unit No. 1, Facility information regarding this document.
original proposed no significant hazards Operating License (FOL) NPF–87; You may obtain publicly-available
consideration determination. CPNPP, Unit No. 2, FOL (NPF–89); and information related to this document
The Commission’s related evaluation the title page of the Environmental using any of the following methods:
of the amendments is contained in a Protection Plan. • Federal Rulemaking Web site: Go to
Safety Evaluation dated June 27, 2017. Date of issuance: June 29, 2017. http://www.regulations.gov and search
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A. The Exemption Is Authorized by Law immediately apparent action consistent ‘‘immediately needed to protect the
The requested exemption from with the license conditions and public health and safety’’ or during
§ 73.55(p)(1)(i) and (ii) would allow a technical specifications can provide severe weather when ‘‘immediately
CFH, in addition to a licensed senior adequate or equivalent protection.’’ The needed to protect the personal health
operator, to approve the suspension of requirement to receive input from the and safety of security force personnel.’’
security measures, under certain security supervisor or manager will Granting this exemption request to
emergency conditions or severe remain. Therefore, the exemption would authorize a CFH to approve temporary
not prevent the licensee from meeting suspension of security regulations
weather. The NRC’s current regulations
the underlying purpose of during an emergency or severe weather
in 50.54(y) allow a CFH to suspend
§ 73.55(p)(1)(ii) to protect the health and would align with the comparable
security measures under certain
safety of the security force. authority given to the CFH in 10 CFR
conditions. Granting the exemption Fourth, by letter dated June 21, 2017, 50.54(y).
would align the licensee’s practice the NRC approved OPPD’s CFH training This exemption is in the interest of
under 73.55(p) with what is done under and retraining program for the FCS the public for two reasons. First, the
50.54(y). facility. The NRC staff found that, exemption provides the licensee with an
Consistent with 10 CFR 73.5, the among other things, the program efficient and rational method for
Commission is allowed to grant addresses the safe conduct of invoking the temporary suspension of
exemptions from the regulations in 10 decommissioning activities, safe security matters that may be needed for
CFR part 73, as authorized by law. The handling and storage of spent fuel, and protecting public health and safety or
NRC staff has determined that granting the appropriate response to plant the safety of the security forces during
the licensee’s proposed exemption will emergencies. Because the CFH will be emergencies and severe weather.
not result in a violation of the Atomic sufficiently trained and qualified under Additionally, the consistent and
Energy Act of 1954, as amended, or an NRC-approved program, the NRC efficient regulation of nuclear power
other laws. Therefore, the exemption is staff considers a CFH to have sufficient plants serves the public interest by
authorized by law. knowledge of operational and safety assuring consistency between the
B. Will Not Endanger Life or Property or concerns, such that allowing a CFH to security regulations in 10 CFR part 73
the Common Defense and Security suspend security measures during and the operating reactor regulations in
emergencies or severe weather will not 10 CFR part 50, as well as the
Modifying the requirement to allow a result in undue risk to public health and requirements concerning licensed
CFH, in addition to a licensed senior safety. operators in 10 CFR part 55. The NRC
operator, to approve suspension of In addition, the exemption does not staff has determined that granting the
security measures during emergencies reduce the overall effectiveness of the licensee’s proposed exemption would
or severe weather will not endanger life licensee’s physical security plan or allow the licensee to designate a CFH
or property or the common defense and affect the licensee’s ability to protect with the appropriate qualifications for a
security for the reasons described in this special nuclear material at FCS. Thus, permanently shutdown and defueled
section. the exemption would not have an reactor to approve the suspension of
First, the requested exemption would adverse effect on the common defense security measures during an emergency
not exempt the licensee from meeting and security. For the reasons set forth to protect the public health and safety,
the requirements set forth in 10 CFR above, the NRC staff has concluded that and during severe weather to protect the
73.55(p)(2) that the ‘‘[s]uspended the exemption would not reduce safety of the security force. These
security measures must be reinstated as security measures currently in place to provisions are consistent with the
soon as conditions permit.’’ Therefore, protect against radiological sabotage. authority provided by § 50.54(y).
the exemption would not prevent the Therefore, modifying the requirement to Therefore, the exemption is in the
licensee from meeting the underlying allow a CFH, in addition to a licensed public interest.
purpose of § 73.55(p)(1)(i) to protect senior operator, to approve the
public health and safety even after the suspension of security measures in an D. Environmental Considerations
exemption is granted. emergency or during severe weather, The NRC’s approval of the exemption
Second, the suspension for non- does not adversely affect public health from certain security requirements
weather emergency conditions under and safety issues or the assurance of the belongs to a category of actions that the
§ 73.55(p)(1)(i) will continue to be common defense and security. Commission, by rule or regulation, has
invoked only ‘‘when this action is declared to be a categorical exclusion,
immediately needed to protect the C. Is Otherwise in the Public Interest after first finding that the category of
public health and safety and no action NRC regulations currently require that actions does not individually or
consistent with license conditions and a licensed senior operator at a minimum cumulatively have a significant effect on
technical specifications that can provide must approve the suspension of security the human environment. Specifically,
adequate or equivalent protection is measures in 10 CFR 73.55(p)(1)(i) and the exemption is categorically excluded
immediately apparent.’’ Therefore, the (ii). However, since FCS is shutdown, from further analysis under
exemption would not prevent the the licensee is not required to have a § 51.22(c)(25).
licensee from meeting the underlying licensed senior operator onsite. Under § 51.22(c)(25), the granting of
purpose of § 73.55(p)(1)(i) to protect Therefore, it is unclear how the licensee an exemption from the requirements of
public health and safety even after the would implement emergency or severe any regulation of chapter I to 10 CFR is
exemption is granted. weather suspensions of security a categorical exclusion provided that (i)
sradovich on DSK3GMQ082PROD with NOTICES
Third, the suspension for severe measures in the absence of a licensed there is no significant hazards
weather under § 73.55(p)(1)(ii) will senior operator. Omaha Public Power consideration; (ii) there is no significant
continue to be used only when ‘‘the District’s proposed exemption would change in the types or significant
suspension of affected security allow a certified fuel handler, in increase in the amounts of any effluents
measures is immediately needed to addition to a licensed senior operator, to that may be released offsite; (iii) there is
protect the personal health and safety of approve suspension of security no significant increase in individual or
security force personnel and no other measures in an emergency when cumulative public or occupational
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![Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices 32893
radiation exposure; (iv) there is no authorize that the suspension of security the proposed rule change and discussed
significant construction impact; (v) measures at FCS must be approved as a any comments it received on the
there is no significant increase in the minimum by either a licensed senior proposed rule change. The text of these
potential for or consequences from operator or a certified fuel handler. statements may be examined at the
radiological accidents; and (vi) the The exemption is effective upon places specified in Item IV below. The
requirements from which an exemption receipt. Exchange has prepared summaries, set
is sought are in one of several Dated at Rockville, Maryland, this 7th day forth in sections A, B, and C below, of
categories, including requirements of July 2017. the most significant aspects of such
involving safeguard plans, and materials For the Nuclear Regulatory Commission. statements.
control and accounting inventory
Kathryn M. Brock, A. Self-Regulatory Organization’s
scheduling requirements; and
Acting Director, Division of Operating Reactor Statement of the Purpose of, and
requirements of an administrative,
Licensing, Office of Nuclear Reactor Statutory Basis for, the Proposed Rule
managerial, or organizational nature.
The Director, Division of Operating
Regulation. Change
[FR Doc. 2017–15069 Filed 7–17–17; 8:45 am]
Reactor Licensing, Office of Nuclear 1. Purpose
Reactor Regulation, has determined that BILLING CODE 7590–01–P
The purpose of the proposed rule
approval of the exemption request in change is to amend the Schedule of Fees
accordance with § 51.22(c)(25), involves to eliminate fees and rebates for trades
no significant hazards consideration SECURITIES AND EXCHANGE
executed on June 30, 2017 in the
because permitting a CFH, in addition to COMMISSION
following symbols: ACN, ACOR, AEO,
a licensed senior operator, to approve [Release No. 34–81128; File No. SR–ISE– AFSI, AMJ, AOBC, BKD, BTE, BV, CBI,
the suspension of security requirements 2017–66] CCL, CLR, CME, CNQ, ADM, ADSK,
at a defueled shutdown power plant AGNC, ASHR, BBT, BK, BSX, CIEN, and
does not (1) involve a significant Self-Regulatory Organizations; Nasdaq IBM (‘‘INET Launch Symbols’’).3 This
increase in the probability or ISE, LLC; Notice of Filing and change is being made in connection
consequences of an accident previously Immediate Effectiveness of Proposed with the migration of the Exchange’s
evaluated; or (2) create the possibility of Rule Change To Eliminate Fees and trading system to the Nasdaq INET
a new or different kind of accident from Rebates for Trades Executed on June technology, which began on June 12,
any accident previously evaluated; or 30, 2017 in INET Launch Symbols 2017.4 On June 9, 2017, the Exchange
(3) involve a significant reduction in a filed a proposed rule change that
margin of safety. Also there will be no July 12, 2017.
eliminated fees and rebates for trades in
significant change in the types or a Pursuant to Section 19(b)(1) of the
FX Options that began trading on INET
significant increase in the amounts of Securities Exchange Act of 1934
with the launch of the re-platformed
any effluents that may be released (‘‘Act’’),1 and Rule 19b–4 thereunder,2 trading system.5 In addition, on June 27,
offsite as well as no significant increase notice is hereby given that on June 30, 2017 the Exchange filed another
in individual or cumulative public or 2017, Nasdaq ISE, LLC (‘‘ISE’’ or proposed rule change that eliminated
occupational radiation exposure. The ‘‘Exchange’’) filed with the Securities fees and rebates for trades in symbol
exempted regulation is not associated and Exchange Commission KANG that began trading on INET on
with construction, so there is no (‘‘Commission’’) the proposed rule that date.6 The Exchange now proposes
significant construction impact. The change as described in Items I and II to similarly eliminate fees and rebates
exempted regulation neither concerns below, which Items have been prepared for trades in INET Launch Symbols
the source term (i.e., potential amount by the Exchange. The Commission is executed on the INET trading system on
of radiation in an accident), nor publishing this notice to solicit June 30, 2017. With this change, no fees
accident mitigation measures. Thus, comments on the proposed rule change or rebates will be charged for executions
there is no significant increase in the from interested persons. on INET during the month of June.
potential for, or consequences of, a Because the Exchange is eliminating
radiological accident. The requirement I. Self-Regulatory Organization’s
Statement of the Terms of Substance of fees and rebates for trades in these
to have a licensed senior operator products, trades in INET Launch
approve departures from security the Proposed Rule Change
Symbols executed on June 30, 2017 will
requirements involves safeguards plans, The Exchange proposes to amend the not be counted towards a member’s tier
materials control, and managerial and Schedule of Fees to eliminate fees and for June activity. In addition, activity in
organizational matters. rebates for trades executed on June 30, the following INET Launch Symbols
Therefore, pursuant to § 51.22(b) and 2017 in INET Launch Symbols. that are Select Symbols 7 will not be
(c)(25), no environmental impact The text of the proposed rule change counted for purposes of determining
statement or environmental assessment is available on the Exchange’s Web site Market Maker Plus 8 tiers: ADM, ADSK,
need be prepared in connection with the at www.ise.com, at the principal office
approval of this exemption request. of the Exchange, and at the 3 The INET Launch Symbols will begin trading on
IV. Conclusions Commission’s Public Reference Room. INET on June 30, 2017.
4 See Securities Exchange Act Release No. 80432
Accordingly, the Commission has II. Self-Regulatory Organization’s (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–
determined that, pursuant to 10 CFR Statement of the Purpose of, and ISE–2017–03).
73.5, the exemption is authorized by Statutory Basis for, the Proposed Rule 5 See Securities Exchange Act Release No. 80999
sradovich on DSK3GMQ082PROD with NOTICES
Change (June 22, 2017) 82 FR 29354 (June 28, 2017) (SR–
law and will not endanger life or ISE–2017–59).
property or the common defense and In its filing with the Commission, the 6 See SR–ISE–2017–63 (publication pending).
security, and is otherwise in the public Exchange included statements 7 ‘‘Select Symbols’’ are options overlying all
interest. Therefore, the Commission symbols listed on the Nasdaq ISE that are in the
concerning the purpose of and basis for Penny Pilot Program.
hereby grants the licensee’s request for 8 A Market Maker Plus is a Market Maker who is
an exemption from the requirements of 1 15 U.S.C. 78s(b)(1). on the National Best Bid or National Best Offer a
10 CFR 73.55(p)(1)(i) and (ii), to 2 17 CFR 240.19b–4. Continued
VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1](https://thefederalregister.org/doc/82_FR_33026/page/4.svg)
Document Created: 2018-10-24 11:24:12
Document Modified: 2018-10-24 11:24:12
| 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. | |
| Dates | The exemption was issued on July 7, 2017. | |
| 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 | 82 FR 32890 |
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