82 FR 48278 - Entergy Nuclear Operations, Inc.; Palisades Nuclear Plant

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 199 (October 17, 2017)

Page Range		48278-48280
FR Document		2017-22372
The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a June 29, 2017, request from Entergy Nuclear Operations, Inc. (Entergy or the licensee) from certain regulatory requirements. The exemption would allow, as a minimum, a certified fuel handler (CFH), in addition to a licensed senior operator, to approve the suspension of security measures for Palisades Nuclear Plant (Palisades) during certain emergency conditions or during severe weather after the certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel are docketed.
Federal Register, Volume 82 Issue 199 (Tuesday, October 17, 2017)
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48278-48280]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22372]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255; NRC-2017-0207]


Entergy Nuclear Operations, Inc.; Palisades Nuclear Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a June 29, 2017, request from Entergy Nuclear 
Operations, Inc. (Entergy or the licensee) from certain regulatory 
requirements. The exemption would allow, as a minimum, a certified fuel 
handler (CFH), in addition to a licensed senior operator, to approve 
the suspension of security measures for Palisades Nuclear Plant 
(Palisades) during certain emergency conditions or during severe 
weather after the certifications of permanent cessation of operations 
and permanent removal of fuel from the reactor vessel are docketed.

DATES: The exemption was issued on October 11, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0207 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-2017-0207. 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 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: Scott P. Wall, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2855; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Entergy is the holder of Renewed Facility Operating License No. 
DPR-20 for Palisades. The license provides, among other things, that 
the facility is subject to all applicable rules, regulations, and 
orders of the NRC now or hereafter in effect. The Palisades facility 
consists of a pressurized-water reactor located in Van Buren County, 
Michigan.
    By letter dated January 4, 2017 (ADAMS Accession No. ML17004A062), 
the licensee submitted a Notification of Permanent Cessation of Power 
Operations for Palisades. In this letter, Entergy provided notification 
to the NRC of its intent to permanently cease power operations at 
Palisades no later than October 1, 2018.
    In accordance with Sec. Sec.  50.82(a)(1)(i) and (ii), and 
50.82(a)(2) of title 10 of the Code of Federal Regulations (10 CFR), 
the 10 CFR part 50 license for the facility will no longer authorize 
reactor operation or emplacement or retention of fuel in the reactor 
vessel after certifications of permanent cessation of operations and 
permanent removal of fuel from the reactor vessel are docketed for 
Palisades.
    By letter dated August 21, 2017 (ADAMS Accession No. ML17151A350), 
the NRC approved the CFH Training and Retraining Program for Palisades.

II. Request/Action

    By letter dated June 29, 2017 (ADAMS Accession No. ML17180A004), 
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) requires, in part, that the suspension of security measures 
during certain emergency conditions or during severe weather be 
approved as a minimum by a licensed senior operator before taking this 
action. Entergy requested an exemption from these rules to allow as a 
minimum either a licensed senior operator or a CFH to approve the 
suspension of security measures at Palisades after the certifications 
required by Sec.  50.82(a)(1)(i) and (ii) have been submitted. There is 
no need for an exemption from these rules for a licensed senior 
operator to approve the suspension of security measures because the 
current regulation allows this. However, the exemption is needed to 
also allow, as a minimum, a CFH to provide this approval after the 
certifications required by Sec.  50.82(a)(1)(i) and (ii) have been 
submitted.

III. Discussion

    The NRC's security rules have long recognized the potential need to 
suspend security or safeguards measures under certain conditions. 
Accordingly, Sec.  50.54(x) and (y), first published in 1983, allow a 
licensee to take reasonable actions in an emergency that depart from 
license conditions or technical specifications when those actions are 
immediately ``needed to protect the public health and safety,'' and no 
actions consistent with license conditions and technical specifications 
that can provide adequate or equivalent protection are immediately 
apparent (48 FR 13970; April 1, 1983). This departure from license 
conditions or technical specifications must be approved, as a minimum, 
by 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, in part, that, in accordance 
with Sec.  50.54(x) and (y), 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 requires that this suspension be 
approved as a minimum by a licensed senior operator prior to taking the 
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 actions in an emergency situation. In addressing the role of 
the CFH during emergencies in Sec.  50.54(y),

[[Page 48279]]

the Commission stated in the proposed rule, ``Decommissioning of 
Nuclear Power Reactors'' (60 FR 37374; July 20, 1995) that it was 
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. The Commission stated that 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. The Commission noted that 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 NRC added 
``certified fuel handler'' to the definitions in Sec.  50.2 and defined 
it to mean, 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 CFH.
    In the final rule, ``Power Reactor Security Requirements'' (74 FR 
13926; March 27, 2009), the NRC relocated 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; therefore, 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 facility that had permanently ceased operations 
and permanently defueled.
    However, pursuant to Sec.  73.5, the Commission may, upon 
application of any interested person or upon its own initiative, grant 
exemptions from the requirements of 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 requested exemption from Sec.  73.55(p)(1)(i) and (ii) would 
allow, as a minimum, a CFH, in addition to a licensed senior operator, 
to approve the suspension of security measures for Palisades during 
certain emergency conditions or during severe weather after the 
certifications required by Sec.  50.82(a)(1)(i) and (ii) have been 
submitted. The licensee's intent with the requested exemption is to 
align the requirements of Sec.  73.55(p)(1)(i) and (ii) with the 
requirements of Sec.  50.54(y).
    Per Sec.  73.5, the Commission may grant exemptions from the 
regulations in part 73, as are 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

    Relaxing the requirement to allow a CFH, in addition to a licensed 
senior operator, to approve the suspension of security measures for 
Palisades during certain emergency conditions or during severe weather 
after the certifications required by Sec.  50.82(a)(1)(i) and (ii) have 
been submitted 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) will continue to require that 
``[s]uspended security measures must be reinstated as soon as 
conditions permit.''
    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.'' Thus, the exemption would not prevent the 
licensee from meeting the underlying purpose of Sec.  73.55(p)(1)(i) to 
protect the 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. Thus, 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 August 21, 2017, the NRC approved 
Entergy's CFH Training and Retraining Program for Palisades. The NRC 
staff found that, among other things, the program addresses the safe 
conduct of decommissioning activities, the safe handling and storage of 
spent fuel, and the appropriate response to plant emergencies. Because 
a CFH at Palisades will be sufficiently trained and qualified under an 
NRC-approved program, the NRC staff considers the CFH to have 
sufficient knowledge of operational and safety concerns, such that 
allowing the CFH to suspend security measures during emergencies or 
severe weather will not result in undue risk to the public health and 
safety.
    Finally, the exemption does not reduce the overall effectiveness of 
the Palisades physical security plan and has no adverse impacts to 
Entergy's ability to physically secure the site or protect special 
nuclear material at Palisades, and thus would not have an effect on the 
common defense and security. The NRC staff has determined that the 
exemption would not reduce security measures currently in place to 
protect against radiological sabotage. Instead, the exemption would 
align the requirements of Sec.  73.55(p)(1)(i) and (ii) with the 
existing requirements of Sec.  50.54(y).
    For these reasons, the NRC staff concludes that relaxing the 
requirement to allow a CFH, in addition to a licensed senior operator, 
to approve the suspension of security measures for Palisades in an 
emergency or during severe weather after the certifications required by 
Sec.  50.82(a)(1)(i) and (ii) have been submitted will not endanger 
life or property or the common defense and security.

C. The Exemption Is Otherwise in the Public Interest

    Entergy's proposed exemption would relax the current requirements 
by allowing a CFH, in addition to a licensed senior operator, to 
approve the suspension of security measures for Palisades 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'' after the 
certifications required by Sec.  50.82(a)(1)(i) and (ii) have been 
submitted. Without the exemption, the licensee cannot implement changes 
to its security plan to authorize a CFH to approve the temporary 
suspension of security measures during an emergency or severe weather, 
comparable to the authority given to the CFH by the NRC when it 
promulgated Sec.  50.54(y). Instead, the regulations would continue to

[[Page 48280]]

require that, as a minimum, a licensed senior operator be available to 
make these decisions even though, after the docketing of the 
certifications required by Sec.  50.82(a)(1)(i) and (ii) and as a 
permanently shutdown and defueled plant, Palisades would no longer 
otherwise require licensed senior operators.
    This exemption is in the public interest for two reasons. First, 
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 at a nuclear power reactor that has 
permanently ceased operations and permanently removed fuel from the 
reactor vessel. 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 after 
the certifications required by Sec.  50.82(a)(1)(i) and (ii) have been 
submitted. Second, the consistent and efficient regulation of nuclear 
power plants serves the public interest. This exemption would assure 
consistency between the regulations in Sec.  73.55(p) and Sec.  
50.54(y), 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 a CFH, 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 personal health and safety of the security 
force, consistent with the similar authority provided by Sec.  50.54(y) 
after the certifications required by Sec.  50.82(a)(1)(i) and (ii) have 
been submitted. For these reasons, the exemption is in the public 
interest.

D. Environmental Considerations

    The NRC's approval of the requested exemption 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 NRC's approval of the 
requested exemption is categorically excluded from further 
environmental 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 NRC staff has determined that the approval of the requested 
exemption involves no significant hazards consideration because 
allowing a CFH, in addition to a licensed senior operator, to approve 
the security suspension at a permanently shutdown and defueled 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 requested exemption 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 requested 
exemption is not associated with construction, so there is no 
significant construction impact. The requested exemption 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 from, radiological accidents. 
Finally, the requirement to have a licensed senior operator approve 
suspensions of security measures from which the exemption is sought 
involves either safeguards, materials control, or managerial/
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 Sec.  
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 Sec.  73.55(p)(1)(i) 
and (ii), to authorize, after the certifications required by Sec.  
50.82(a)(1)(i) and (ii) have been submitted, that the suspension of 
security measures for Palisades during certain emergency conditions or 
during severe weather must be approved as a minimum by either a 
licensed senior operator or a CFH before taking this action.
    The exemption is effective upon receipt.

    Dated at Rockville, Maryland, on October 11, 2017.

    For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2017-22372 Filed 10-16-17; 8:45 am]
BILLING CODE 7590-01-P
Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices 48279

the Commission stated in the proposed conditions or during severe weather for Palisades. The NRC staff found that,
rule, ‘‘Decommissioning of Nuclear after the certifications required by among other things, the program
Power Reactors’’ (60 FR 37374; July 20, § 50.82(a)(1)(i) and (ii) have been addresses the safe conduct of
1995) that it was proposing to amend 10 submitted. The licensee’s intent with decommissioning activities, the safe
CFR 50.54(y) to permit a certified fuel the requested exemption is to align the handling and storage of spent fuel, and
handler at nuclear power reactors that requirements of § 73.55(p)(1)(i) and (ii) the appropriate response to plant
have permanently ceased operations with the requirements of § 50.54(y). emergencies. Because a CFH at
and permanently removed fuel from the Per § 73.5, the Commission may grant Palisades will be sufficiently trained
reactor vessel, subject to the exemptions from the regulations in part and qualified under an NRC-approved
requirements of § 50.82(a) and 73, as are authorized by law. The NRC program, the NRC staff considers the
consistent with the proposed definition staff has determined that granting the CFH to have sufficient knowledge of
of ‘‘Certified Fuel Handler’’ specified in licensee’s proposed exemption will not operational and safety concerns, such
§ 50.2, to make these evaluations and result in a violation of the Atomic that allowing the CFH to suspend
judgments. The Commission stated that Energy Act of 1954, as amended, or security measures during emergencies
a nuclear power reactor that has other laws. Therefore, the exemption is or severe weather will not result in
permanently ceased operations and no authorized by law. undue risk to the public health and
longer has fuel in the reactor vessel does B. Will Not Endanger Life or Property or safety.
not require a licensed individual to Finally, the exemption does not
the Common Defense and Security
monitor core conditions. The reduce the overall effectiveness of the
Commission noted that a certified fuel Relaxing the requirement to allow a Palisades physical security plan and has
handler at a permanently shutdown and CFH, in addition to a licensed senior no adverse impacts to Entergy’s ability
defueled nuclear power reactor operator, to approve the suspension of to physically secure the site or protect
undergoing decommissioning is an security measures for Palisades during special nuclear material at Palisades,
individual who has the requisite certain emergency conditions or during and thus would not have an effect on
knowledge and experience to evaluate severe weather after the certifications the common defense and security. The
plant conditions and make these required by § 50.82(a)(1)(i) and (ii) have NRC staff has determined that the
judgments. been submitted will not endanger life or exemption would not reduce security
In the final rule (61 FR 39298; July 29, property or the common defense and measures currently in place to protect
1996), the NRC added ‘‘certified fuel security for the reasons described in this against radiological sabotage. Instead,
handler’’ to the definitions in § 50.2 and section. the exemption would align the
defined it to mean, for a nuclear power First, § 73.55(p)(2) will continue to requirements of § 73.55(p)(1)(i) and (ii)
reactor facility, a non-licensed operator require that ‘‘[s]uspended security with the existing requirements of
who has qualified in accordance with a measures must be reinstated as soon as § 50.54(y).
fuel handler training program approved conditions permit.’’ For these reasons, the NRC staff
by the Commission. However, the Second, the suspension for non- concludes that relaxing the requirement
decommissioning rule did not propose weather emergency conditions under to allow a CFH, in addition to a licensed
or make parallel changes to § 73.55(a), § 73.55(p)(1)(i) will continue to be senior operator, to approve the
and did not discuss the role of a non- invoked only ‘‘when this action is suspension of security measures for
licensed CFH. immediately needed to protect the Palisades in an emergency or during
In the final rule, ‘‘Power Reactor public health and safety and no action severe weather after the certifications
Security Requirements’’ (74 FR 13926; consistent with license conditions and required by § 50.82(a)(1)(i) and (ii) have
March 27, 2009), the NRC relocated the technical specifications that can provide been submitted will not endanger life or
security suspension requirements from adequate or equivalent protection is property or the common defense and
§ 73.55(a) to § 73.55(p)(1)(i) and (ii). The immediately apparent.’’ Thus, the security.
role of a CFH was not discussed in this exemption would not prevent the
C. The Exemption Is Otherwise in the
rulemaking; therefore, the suspension of licensee from meeting the underlying
Public Interest
security measures in accordance with purpose of § 73.55(p)(1)(i) to protect the
§ 73.55(p) continued to require approval public health and safety. Entergy’s proposed exemption would
as a minimum by a licensed senior Third, the suspension for severe relax the current requirements by
operator, even for a facility that had weather under § 73.55(p)(1)(ii) will allowing a CFH, in addition to a
permanently ceased operations and continue to be used only when ‘‘the licensed senior operator, to approve the
permanently defueled. suspension of affected security suspension of security measures for
However, pursuant to § 73.5, the measures is immediately needed to Palisades in an emergency when
Commission may, upon application of protect the personal health and safety of ‘‘immediately needed to protect the
any interested person or upon its own security force personnel and no other public health and safety’’ or during
initiative, grant exemptions from the immediately apparent action consistent severe weather when ‘‘immediately
requirements of part 73, as it determines with the license conditions and needed to protect the personal health
are authorized by law and will not technical specifications can provide and safety of security force personnel’’
endanger life or property or the common adequate or equivalent protection.’’ The after the certifications required by
defense and security, and are otherwise requirement to receive input from the § 50.82(a)(1)(i) and (ii) have been
in the public interest. security supervisor or manager will submitted. Without the exemption, the
licensee cannot implement changes to
sradovich on DSK3GMQ082PROD with NOTICES

remain. Thus, the exemption would not
A. The Exemption Is Authorized by Law prevent the licensee from meeting the its security plan to authorize a CFH to
The requested exemption from underlying purpose of § 73.55(p)(1)(ii) approve the temporary suspension of
§ 73.55(p)(1)(i) and (ii) would allow, as to protect the health and safety of the security measures during an emergency
a minimum, a CFH, in addition to a security force. or severe weather, comparable to the
licensed senior operator, to approve the Additionally, by letter dated August authority given to the CFH by the NRC
suspension of security measures for 21, 2017, the NRC approved Entergy’s when it promulgated § 50.54(y). Instead,
Palisades during certain emergency CFH Training and Retraining Program the regulations would continue to

VerDate Sep<11>2014 17:10 Oct 16, 2017 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1
48280 Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices

require that, as a minimum, a licensed consideration; (ii) there is no significant Therefore, the Commission hereby
senior operator be available to make change in the types or significant grants the licensee’s request for an
these decisions even though, after the increase in the amounts of any effluents exemption from the requirements of
docketing of the certifications required that may be released offsite; (iii) there is § 73.55(p)(1)(i) and (ii), to authorize,
by § 50.82(a)(1)(i) and (ii) and as a no significant increase in individual or after the certifications required by
permanently shutdown and defueled cumulative public or occupational § 50.82(a)(1)(i) and (ii) have been
plant, Palisades would no longer radiation exposure; (iv) there is no submitted, that the suspension of
otherwise require licensed senior significant construction impact; (v) security measures for Palisades during
operators. there is no significant increase in the certain emergency conditions or during
This exemption is in the public potential for or consequences from severe weather must be approved as a
interest for two reasons. First, the radiological accidents; and (vi) the minimum by either a licensed senior
exemption would allow the licensee to requirements from which an exemption operator or a CFH before taking this
make decisions pursuant to is sought involve: Safeguard plans, and action.
§ 73.55(p)(1)(i) and (ii) without having materials control and accounting The exemption is effective upon
to maintain a staff of licensed senior inventory scheduling requirements; or receipt.
operators at a nuclear power reactor that involve other requirements of an
has permanently ceased operations and administrative, managerial, or Dated at Rockville, Maryland, on October
permanently removed fuel from the 11, 2017.
organizational nature.
reactor vessel. The exemption would The NRC staff has determined that the For the Nuclear Regulatory Commission.
also allow the licensee to have an approval of the requested exemption Kathryn M. Brock,
established procedure in place to allow involves no significant hazards Deputy Director, Division of Operating
a trained CFH to suspend security consideration because allowing a CFH, Reactor Licensing, Office of Nuclear Reactor
measures in the event of an emergency in addition to a licensed senior operator, Regulation.
or severe weather after the certifications to approve the security suspension at a [FR Doc. 2017–22372 Filed 10–16–17; 8:45 am]
required by § 50.82(a)(1)(i) and (ii) have permanently shutdown and defueled BILLING CODE 7590–01–P
been submitted. Second, the consistent power plant does not (1) involve a
and efficient regulation of nuclear significant increase in the probability or
power plants serves the public interest. consequences of an accident previously NUCLEAR REGULATORY
This exemption would assure evaluated; or (2) create the possibility of COMMISSION
consistency between the regulations in a new or different kind of accident from
§ 73.55(p) and § 50.54(y), and the any accident previously evaluated; or [NRC–2017–0001]
requirements concerning licensed (3) involve a significant reduction in a
operators in 10 CFR part 55. The NRC margin of safety. The requested Sunshine Act Meeting Notice
staff has determined that granting the exemption is unrelated to any
licensee’s proposed exemption would operational restriction. Accordingly, Weeks of October 16, 23, 30,
DATE:
allow the licensee to designate a CFH, there is no significant change in the November 6, 13, 20, 2017.
with qualifications appropriate for a types or significant increase in the PLACE:Commissioners’ Conference
permanently shutdown and defueled amounts of any effluents that may be Room, 11555 Rockville Pike, Rockville,
reactor, to approve the suspension of released offsite and no significant Maryland.
security measures during an emergency increase in individual or cumulative
to protect the public health and safety, public or occupational radiation STATUS: Public and Closed.
and during severe weather to protect the exposure. The requested exemption is Week of October 16, 2017
personal health and safety of the not associated with construction, so
security force, consistent with the there is no significant construction Monday, October 16, 2017
similar authority provided by § 50.54(y) impact. The requested exemption does 10:30 a.m. Affirmation Session (Public
after the certifications required by not concern the source term (i.e., Meeting) (Tentative)
§ 50.82(a)(1)(i) and (ii) have been potential amount of radiation in an
submitted. For these reasons, the accident), nor mitigation. Thus, there is Final Rule: Modified Small Quantities
exemption is in the public interest. no significant increase in the potential Protocol (RIN 3150–AJ70; NRC–
for, or consequences from, radiological 2015–0263) (Tentative)
D. Environmental Considerations
accidents. Finally, the requirement to ADDITIONAL INFORMATION By a vote of
The NRC’s approval of the requested have a licensed senior operator approve 3–0 on October 10 and 11, 2017, the
exemption belongs to a category of suspensions of security measures from Commission determined pursuant to
actions that the Commission, by rule or which the exemption is sought involves U.S.C. 552b(e) and § 9.107(a) of the
regulation, has declared to be a either safeguards, materials control, or Commission’s rules that the above
categorical exclusion, after first finding managerial/organizational matters. referenced Affirmation Session be held
that the category of actions does not Therefore, pursuant to § 51.22(b) and with less than one week notice to the
individually or cumulatively have a (c)(25), no environmental impact public. The meeting is scheduled on
significant effect on the human statement or environmental assessment October 16, 2017
environment. Specifically, the NRC’s need be prepared in connection with the
approval of the requested exemption is Week of October 23, 2017—Tentative
approval of this exemption request.
sradovich on DSK3GMQ082PROD with NOTICES

categorically excluded from further Tuesday, October 24, 2017
environmental analysis under IV. Conclusions
§ 51.22(c)(25). Accordingly, the Commission has 10:00 a.m. Strategic Programmatic
Under § 51.22(c)(25), the granting of determined that, pursuant to § 73.5, the Overview of the Operating Reactors
an exemption from the requirements of exemption is authorized by law and will Business Line (Public) (Contact:
any regulation of Chapter I to 10 CFR is not endanger life or property or the Trent Wertz: 301–415–1568)
a categorical exclusion provided that: (i) common defense and security, and is This meeting will be webcast live at
There is no significant hazards otherwise in the public interest. the Web address—http://www.nrc.gov/.

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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 October 11, 2017.
Contact		Scott P. Wall, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2855; email: [email protected]
FR Citation		82 FR 48278