82 FR 9243 - Exelon Generation Company, LLC; Clinton Power Station, Unit No. 1; Quad Cities Nuclear Power Station, Units 1 and 2; Oyster Creek Nuclear Generating Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 22 (February 3, 2017)
Federal Register Volume 82, Issue 22 (February 3, 2017)
| Page Range | 9243-9246 | |
| FR Document | 2017-02336 |
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)] [Notices] [Pages 9243-9246] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02336] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-461, 72-1046, 50-254, 50-265, 72-53, 50-219 and 72-15; NRC-2017-0014] Exelon Generation Company, LLC; Clinton Power Station, Unit No. 1; Quad Cities Nuclear Power Station, Units 1 and 2; Oyster Creek Nuclear Generating Station AGENCY: Nuclear Regulatory Commission. ACTION: Exemption; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 16, 2016, request from Exelon Generation Company, LLC (Exelon or the licensee), from certain regulatory requirements. The exemption would allow a certified fuel handler (CFH), besides a licensed senior operator, to approve the emergency suspension of security measures for Clinton Power Station, Unit No. 1 (CPS); Quad Cities Nuclear Power Station, Units 1 and 2 (QCNPS); and Oyster Creek Nuclear Generating Station (OCNGS) during certain emergency conditions or during severe weather. DATES: The exemption was issued on January 23, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0014 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-2017-0014. 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]. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the ``Availability of Documents'' section of 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: John G. Lamb, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3100; email: [email protected]. I. Background Exelon is the holder of Facility Operating License No. NPF-62 for CPS, Renewed Facility Operating License Nos. DPR-29 and DPR-30 for QCNPS, and Renewed Facility Operating License No. DPR-16 for OCNGS. 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 CPS, QCNPS, and OCNGS facilities consist of boiling-water reactors located in DeWitt County, Illinois; Rock Island County, Illinois; and Ocean County, New Jersey, respectively, and site-specific licensed independent spent fuel storage installations (ISFSI) at CPS, QCNPS, and OCNGS. By letter dated January 7, 2011, the licensee submitted Certification of Permanent Cessation of Operations for OCNGS. In this letter, Exelon provided notification to the NRC of its intent to permanently cease power operation no later than December 31, 2019. By letter dated June 20, 2016, the licensee submitted Certification of Permanent Cessation of Operations for CPS. In this letter, Exelon provided notification to the NRC of its intent to permanently cease power operation by June 1, 2017. By letter dated June 20, 2016, the licensee submitted Certification of Permanent Cessation of Operations for QCNPS. In this letter, Exelon provided notification to the NRC of its intent to permanently cease power operation by June 1, 2018. 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), [[Page 9244]] the 10 CFR part 50 licenses for the facilities will no longer authorize reactor operation, placement, 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 CPS, QCNPS, and OCNGS. By letter dated September 6, 2016, the NRC approved the Certified Fuel Handler Training and Retraining Program for CPS, QCNPS, and OCNGS. By letters dated December 14, 2016, Exelon withdrew its ``Certification of Permanent Cessation of Power Operations'' for CPS and QCNPS. The withdrawal letters for CPS and QCNPS did not revise its request for exemption, and did not change the effectiveness of the exemption or the conditions required to implement the actions permitted by the exemption. II. Request/Action On August 16, 2016, 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. Exelon requested an exemption from these rules to allow either a licensed senior operator or a CFH to approve the suspension of security measures. There is no need for an exemption from these rules for a licensed senior operator because the current regulation allows the licensed senior operator to approve the suspension of security measures. The exemption request relates solely to the licensing requirements specified in the regulations for the staff directing suspension of security measures in accordance with Sec. 73.55(p)(1)(i) and (ii), and would allow a CFH, besides 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 licensed senior operator or a CFH. The current Sec. 73.55(p)(1)(i) and (ii) regulations state the licensed senior operator can approve suspension of security measures. The proposed exemption would authorize that the suspension of security measures must be approved as a minimum by either a licensed senior operator or a certified fuel handler, at a nuclear power plant reactor facility for which the certifications required under Sec. 50.82(a)(1) 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, 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 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 Sec. 73.55(a). 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. Specifically, in addressing the role of the CFH during emergencies, the Commission stated in the proposed rule, ``Decommissioning of Nuclear Power Reactors'' (60 FR 37379; July 20, 1995): The Commission is proposing to amend 10 CFR 50.54(y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel, subject to the requirements of Sec. 50.82(a) and consistent with the proposed definition of ``Certified Fuel Handler'' specified in Sec. 50.2, to make these evaluations and judgments. A nuclear power reactor that has permanently ceased operations and no longer has fuel in the reactor vessel does not require a licensed individual to monitor core conditions. A certified fuel handler at a permanently shutdown and defueled nuclear power reactor undergoing decommissioning is an individual who has the requisite knowledge and experience to evaluate plant conditions and make these judgments. In the final rule (61 FR 39298; July 29, 1996), the 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 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 the 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 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 allow a CFH, besides a licensed senior operator, to approve the suspension of security measures, under certain emergency conditions or severe weather. The licensee intends to align these regulations with Sec. 50.54(y) by using the authority of a CFH in place of a licensed senior operator to approve the suspension of security measures during certain emergency conditions or during severe weather. 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 of the licensee's proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, the exemption is authorized by law. B. Will Not Endanger Life or Property or the Common Defense and Security Relaxing the requirement to allow a CFH, besides 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, 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 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 [[Page 9245]] 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. 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 September 6, 2016, the NRC approved Exelon's CFH training and retraining program for the CPS, QCNPS, and OCNGS facilities. The NRC staff found that, among other things, the program addresses the safe conduct of decommissioning activities, safe handling and storage of spent fuel, and the appropriate response to plant emergencies. Because the CFH is sufficiently trained and qualified under an NRC-approved program, the NRC staff considers a CFH to have sufficient knowledge of operational and safety concerns, such that allowing a CFH to suspend security measures during 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 Exelon's ability to physically secure the sites or protect special nuclear material at CPS, QCNPS, and OCNGS, 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, relaxing the requirement to allow a CFH, besides 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 Exelon's proposed exemption would relax the requirement to allow a CFH, besides 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.'' 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. CFR 50.54(y). Instead, the regulations would continue to require that a licensed senior operator be available to make decisions for a permanently shutdown plant, even though CPS, QCNPS, and OCNGS would no longer require a licensed senior operator after the certifications required by 10 CFR 50.82(a)(1)(i) and 10 CFR 50.82(a)(1)(ii) were submitted. 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 CFR 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 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 allowing a CFH, besides a licensed senior operator, 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 [[Page 9246]] 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), to authorize that the suspension of security measures must be approved as a minimum by either a licensed senior operator or a certified fuel handler, at a nuclear power plant reactor facility for which the certifications required under 10 CFR 50.82(a)(1) have been submitted. The exemption is effective upon receipt. V. Availability of Documents The documents identified in the following table are available to interested persons. ------------------------------------------------------------------------ ADAMS accession Title Date No. ------------------------------------------------------------------------ Exelon letter to NRC, ``Permanent 1/07/2011 ML110070507 Cessation of Operations at Oyster Creek Nuclear Generating Station.''. Exelon letter to NRC, Clinton Power 6/20/2016 ML16172A137 Station, Unit 1, ``Certification of Permanent Cessation of Power Operations.''....................... Exelon letter to NRC, Quad Cities 6/20/2016 ML16172A151 Nuclear Power Station, Units 1 and 2, ``Certification of Permanent Cessation of Power Operations.''.... NRC letter to Exelon, Oyster Creek 9/06/2016 ML16222A787 Nuclear Generating Station; ``Clinton Power Station, Unit No. 1; and Quad Cities Nuclear Power Station, Units 1 and 2--Approval of Certified Fuel Handler Training and Retraining Program.''............... Exelon letter to NRC, Clinton Power 8/16/2016 ML16229A133 Station, Unit No. 1, Quad Cities Nuclear Power Station, Units 1 and 2, and Oyster Creek Nuclear Generating Station, ``Request for Exemption from Specific Provisions in 10 CFR 7355(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather.''......... Exelon letter to NRC, Oyster Creek 5/17/2016 ML16138A129 Nuclear Generating Station, ``License Amendment Request-- Proposed Changes to Technical Specifications Section 6.0 Administrative Controls for Permanently Defueled Condition''.... Exelon letter to NRC, Clinton Power 7/28/2016 ML16210A300 Station, Unit No. 1, ``License Amendment Request--Proposed Changes to Technical Specifications Section 5.0 Administrative Controls for Permanently Defueled Condition''.... Exelon letter to NRC, Quad Cities 10/20/2016 ML16294A203 Nuclear Power Station, Units 1 and 2, ``License Amendment Request-- Proposed Changes to Technical Specifications Section 5.0 Administrative Controls for Permanently Defueled Condition...... Exelon Letter to NRC, Quad Cities 12/14/2016 ML16349A311 Nuclear Power Station, Units 1 and 2, ``Withdrawal of Certification of Permanent Cessation of Power Operations.''....................... Exelon Letter to NRC, Clinton Power 12/14/2016 ML16349A314 Station, Unit No. 1, ``Withdrawal of Certification of Permanent Cessation of Power Operations.''.............. ------------------------------------------------------------------------ Dated at Rockville, Maryland, this 23rd day of January 2017. For the Nuclear Regulatory Commission. Anne T. Boland, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2017-02336 Filed 2-2-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9243
Friday, February 17, 2017 Regulatory Commission, Office of the ADAMS Public Documents collection at
9:30 a.m. Briefing on Project Aim Secretary, Washington, DC 20555 (301– http://www.nrc.gov/reading-rm/
(Public Meeting) (Contact: Tammy 415–1969), or email adams.html. To begin the search, select
Bloomer: 301–415–1785). Brenda.Akstulewicz@nrc.gov or ‘‘ADAMS Public Documents’’ and then
This meeting will be webcast live at Patricia.Jimenez@nrc.gov. select ‘‘Begin Web-based ADAMS
Dated: February 1, 2017. Search.’’ For problems with ADAMS,
the Web address—http://www.nrc.gov/.
please contact the NRC’s Public
Denise L. McGovern,
Week of February 20, 2017—Tentative Document Room (PDR) reference staff at
Policy Coordinator, Office of the Secretary.
There are no meetings scheduled for 1–800–397–4209, 301–415–4737, or by
[FR Doc. 2017–02404 Filed 2–1–17; 4:15 pm] email to pdr.resource@nrc.gov. For the
the week of February 20, 2017. BILLING CODE 7590–01–P convenience of the reader, the ADAMS
Week of February 27, 2017—Tentative accession numbers are provided in a
Wednesday, March 1, 2017 table in the ‘‘Availability of Documents’’
NUCLEAR REGULATORY section of this document.
10:00 a.m. Briefing on NRC COMMISSION • NRC’s PDR: You may examine and
International Activities (Closed Ex. [Docket Nos. 50–461, 72–1046, 50–254, 50– purchase copies of public documents at
1 & 9). 265, 72–53, 50–219 and 72–15; NRC–2017– the NRC’s PDR, Room O1–F21, One
Thursday, March 2, 2017 0014] White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
9:00 a.m. Strategic Programmatic Exelon Generation Company, LLC; FOR FURTHER INFORMATION CONTACT: John
Overview of the Fuel Facilities and Clinton Power Station, Unit No. 1; G. Lamb, Office of Nuclear Reactor
the Nuclear Materials Users Quad Cities Nuclear Power Station, Regulation; U.S. Nuclear Regulatory
Business Lines (Public Meeting) Units 1 and 2; Oyster Creek Nuclear Commission, Washington DC 20555–
(Contact: Soly Soto; 301–415–7528). Generating Station 0001; telephone: 301–415–3100; email:
This meeting will be webcast live at John.Lamb@nrc.gov.
AGENCY: Nuclear Regulatory
the Web address—http://www.nrc.gov/.
Commission. I. Background
Week of March 6, 2017—Tentative ACTION: Exemption; issuance. Exelon is the holder of Facility
There are no meetings scheduled for Operating License No. NPF–62 for CPS,
SUMMARY: The U.S. Nuclear Regulatory
the week of March 6, 2017. Renewed Facility Operating License
Commission (NRC) is issuing an
Week of March 13, 2017—Tentative exemption in response to an August 16, Nos. DPR–29 and DPR–30 for QCNPS,
2016, request from Exelon Generation and Renewed Facility Operating License
There are no meetings scheduled for No. DPR–16 for OCNGS. The license
the week of March 13, 2017. Company, LLC (Exelon or the licensee),
from certain regulatory requirements. provides, among other things, that the
* * * * * The exemption would allow a certified facility is subject to all rules,
The schedule for Commission fuel handler (CFH), besides a licensed regulations, and orders of the NRC now
meetings is subject to change on short senior operator, to approve the or hereafter in effect. The CPS, QCNPS,
notice. For more information or to verify emergency suspension of security and OCNGS facilities consist of boiling-
the status of meetings, contact Denise measures for Clinton Power Station, water reactors located in DeWitt County,
McGovern at 301–415–0981 or via email Unit No. 1 (CPS); Quad Cities Nuclear Illinois; Rock Island County, Illinois;
at Denise.McGovern@nrc.gov. Power Station, Units 1 and 2 (QCNPS); and Ocean County, New Jersey,
* * * * * and Oyster Creek Nuclear Generating respectively, and site-specific licensed
The NRC Commission Meeting Station (OCNGS) during certain independent spent fuel storage
Schedule can be found on the Internet emergency conditions or during severe installations (ISFSI) at CPS, QCNPS, and
at: http://www.nrc.gov/public-involve/ weather. OCNGS.
public-meetings/schedule.html. By letter dated January 7, 2011, the
DATES: The exemption was issued on licensee submitted Certification of
* * * * * January 23, 2017. Permanent Cessation of Operations for
The NRC provides reasonable ADDRESSES: Please refer to Docket ID OCNGS. In this letter, Exelon provided
accommodation to individuals with NRC–2017–0014 when contacting the notification to the NRC of its intent to
disabilities where appropriate. If you NRC about the availability of permanently cease power operation no
need a reasonable accommodation to information regarding this document. later than December 31, 2019.
participate in these public meetings, or You may obtain publicly-available By letter dated June 20, 2016, the
need this meeting notice or the information related to this document licensee submitted Certification of
transcript or other information from the using any of the following methods: Permanent Cessation of Operations for
public meetings in another format (e.g., • Federal Rulemaking Web site: Go to CPS. In this letter, Exelon provided
braille, large print), please notify http://www.regulations.gov and search notification to the NRC of its intent to
Kimberly Meyer, NRC Disability for Docket ID NRC–2017–0014. Address permanently cease power operation by
Program Manager, at 301–287–0739, by questions about NRC dockets to Carol June 1, 2017.
videophone at 240–428–3217, or by Gallagher; telephone: 301–415–3463; By letter dated June 20, 2016, the
email at Kimberly.Meyer-Chambers@ email: Carol.Gallagher@nrc.gov. For licensee submitted Certification of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
nrc.gov. Determinations on requests for technical questions, contact the Permanent Cessation of Operations for
reasonable accommodation will be individual listed in the FOR FURTHER QCNPS. In this letter, Exelon provided
made on a case-by-case basis. INFORMATION CONTACT section of this notification to the NRC of its intent to
* * * * * document. permanently cease power operation by
Members of the public may request to • NRC’s Agencywide Documents June 1, 2018.
receive this information electronically. Access and Management System In accordance with § 50.82(a)(1)(i) and
If you would like to be added to the (ADAMS): You may obtain publicly- (ii), and § 50.82(a)(2) of title 10 of the
distribution, please contact the Nuclear available documents online in the Code of Federal Regulations (10 CFR),
VerDate Sep<11>2014 17:26 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\03FEN1.SGM 03FEN1](https://thefederalregister.org/doc/82_FR_9265/page/1.svg)
![9244 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices
the 10 CFR part 50 licenses for the III. Discussion § 73.55(a) to § 73.55(p)(1)(i) and (ii). The
facilities will no longer authorize The NRC’s security rules have long role of a CFH was not discussed in the
reactor operation, placement, or recognized the potential need to rulemaking, so the suspension of
retention of fuel in the respective suspend security or safeguards measures security measures in accordance with
reactor vessel after certifications of under certain conditions. Accordingly, § 73.55(p) continued to require approval
permanent cessation of operations and 10 CFR 50.54(x) and (y), first published as a minimum by a licensed senior
of permanent removal of fuel from the in 1983, allow a licensee to take operator, even for a site that otherwise
reactor vessel are docketed for CPS, reasonable steps in an emergency that no longer operates.
QCNPS, and OCNGS. deviate from license conditions when However, pursuant to § 73.5, the
By letter dated September 6, 2016, the those steps are ‘‘needed to protect the Commission may, upon application by
NRC approved the Certified Fuel public health and safety’’ and there are any interested person or upon its own
Handler Training and Retraining no conforming comparable measures (48 initiative, grant exemptions from the
Program for CPS, QCNPS, and OCNGS. FR 13970; April 1, 1983). As originally requirements of 10 CFR part 73, as it
issued, the deviation from license determines are authorized by law and
By letters dated December 14, 2016,
conditions must be approved by, as a will not endanger life or property or the
Exelon withdrew its ‘‘Certification of
minimum, a licensed senior operator. In common defense and security, and are
Permanent Cessation of Power
1986, in its final rule, ‘‘Miscellaneous otherwise in the public interest.
Operations’’ for CPS and QCNPS. The
withdrawal letters for CPS and QCNPS Amendments Concerning the Physical A. The Exemption Is Authorized by Law
did not revise its request for exemption, Protection of Nuclear Power Plants’’ (51
FR 27817; August 4, 1986), the The exemption from § 73.55(p)(1)(i)
and did not change the effectiveness of
Commission issued § 73.55(a). and (ii) would allow a CFH, besides a
the exemption or the conditions
In 1996, the NRC made a number of licensed senior operator, to approve the
required to implement the actions
regulatory changes to address suspension of security measures, under
permitted by the exemption.
decommissioning. One of the changes certain emergency conditions or severe
II. Request/Action was to amend § 50.54 (x) and (y) to weather. The licensee intends to align
authorize a non-licensed operator called these regulations with § 50.54(y) by
On August 16, 2016, the licensee using the authority of a CFH in place of
requested an exemption from a ‘‘Certified Fuel Handler,’’ in addition
to a licensed senior operator, to approve a licensed senior operator to approve
§ 73.55(p)(1)(i) and (ii), pursuant to the suspension of security measures
§ 73.5, ‘‘Specific exemptions.’’ Section such protective steps. Specifically, in
addressing the role of the CFH during during certain emergency conditions or
73.55(p)(1)(i) and (ii) require, in part, during severe weather.
that the suspension of security measures emergencies, the Commission stated in
the proposed rule, ‘‘Decommissioning of Per § 73.5, the Commission is allowed
during certain emergency conditions or to grant exemptions from the regulations
during severe weather be approved by a Nuclear Power Reactors’’ (60 FR 37379;
July 20, 1995): in 10 CFR part 73, as authorized by law.
licensed senior operator. Exelon The NRC staff has determined that
requested an exemption from these rules The Commission is proposing to amend 10
granting of the licensee’s proposed
to allow either a licensed senior CFR 50.54(y) to permit a certified fuel
handler at nuclear power reactors that have exemption will not result in a violation
operator or a CFH to approve the of the Atomic Energy Act of 1954, as
suspension of security measures. There permanently ceased operations and
permanently removed fuel from the reactor amended, or other laws. Therefore, the
is no need for an exemption from these exemption is authorized by law.
vessel, subject to the requirements of
rules for a licensed senior operator § 50.82(a) and consistent with the proposed
because the current regulation allows definition of ‘‘Certified Fuel Handler’’ B. Will Not Endanger Life or Property or
the licensed senior operator to approve specified in § 50.2, to make these evaluations the Common Defense and Security
the suspension of security measures. and judgments. A nuclear power reactor that Relaxing the requirement to allow a
The exemption request relates solely to has permanently ceased operations and no
CFH, besides a licensed senior operator,
the licensing requirements specified in longer has fuel in the reactor vessel does not
require a licensed individual to monitor core to approve suspension of security
the regulations for the staff directing measures during emergencies or severe
suspension of security measures in conditions. A certified fuel handler at a
permanently shutdown and defueled nuclear weather will not endanger life or
accordance with § 73.55(p)(1)(i) and (ii), property or the common defense and
power reactor undergoing decommissioning
and would allow a CFH, besides a is an individual who has the requisite security for the reasons described in this
licensed senior operator, to provide this knowledge and experience to evaluate plant section.
approval. The exemption would allow conditions and make these judgments. First, § 73.55(p)(2) continues to
the suspension of security measures
In the final rule (61 FR 39298; July 29, require that ‘‘[s]uspended security
during certain emergency conditions or
1996), the NRC added the following measures must be reinstated as soon as
during severe weather by a licensed
definition to § 50.2: ‘‘Certified fuel conditions permit.’’
senior operator or a CFH.
handler means, for a nuclear power Second, the suspension for non-
The current § 73.55(p)(1)(i) and (ii) reactor facility, a non-licensed operator weather emergency conditions under
regulations state the licensed senior who has qualified in accordance with a § 73.55(p)(1)(i) will continue to be
operator can approve suspension of fuel handler training program approved invoked only ‘‘when this action is
security measures. by the Commission.’’ However, the immediately needed to protect the
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The proposed exemption would decommissioning rule did not propose public health and safety and no action
authorize that the suspension of security or make parallel changes to § 73.55(a), consistent with license conditions and
measures must be approved as a and did not discuss the role of a non- technical specifications that can provide
minimum by either a licensed senior licensed CFH. adequate or equivalent protection is
operator or a certified fuel handler, at a In the final rule, ‘‘Power Reactor immediately apparent.’’ Thus, the
nuclear power plant reactor facility for Security Requirements’’ (74 FR 13926; exemption would not prevent the
which the certifications required under March 27, 2009), the NRC relocated the licensee from meeting the underlying
§ 50.82(a)(1) have been submitted. security suspension requirements from purpose of § 73.55(p)(1)(i) to protect
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![9246 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices
viewed as involving either safeguards, 73.5, the exemption is authorized by operator or a certified fuel handler, at a
materials control, or managerial matters. law and will not endanger life or nuclear power plant reactor facility for
Therefore, pursuant to § 51.22(b) and property or the common defense and which the certifications required under
(c)(25), no environmental impact security, and is otherwise in the public 10 CFR 50.82(a)(1) have been submitted.
statement or environmental assessment interest. Therefore, the Commission The exemption is effective upon
need be prepared in connection with the hereby grants the licensee’s request for receipt.
approval of this exemption request. an exemption from the requirements of
V. Availability of Documents
10 CFR 73.55(p)(1)(i) and (ii), to
IV. Conclusions authorize that the suspension of security The documents identified in the
Accordingly, the Commission has measures must be approved as a following table are available to
determined that, pursuant to 10 CFR minimum by either a licensed senior interested persons.
ADAMS accession
Title Date No.
Exelon letter to NRC, ‘‘Permanent Cessation of Operations at Oyster Creek Nuclear Generating Station.’’ .. 1/07/2011 ML110070507
Exelon letter to NRC, Clinton Power Station, Unit 1, ‘‘Certification of Permanent Cessation of Power Oper-
ations.’’ ........................................................................................................................................................... 6/20/2016 ML16172A137
Exelon letter to NRC, Quad Cities Nuclear Power Station, Units 1 and 2, ‘‘Certification of Permanent Ces-
sation of Power Operations.’’ ......................................................................................................................... 6/20/2016 ML16172A151
NRC letter to Exelon, Oyster Creek Nuclear Generating Station; ‘‘Clinton Power Station, Unit No. 1; and
Quad Cities Nuclear Power Station, Units 1 and 2—Approval of Certified Fuel Handler Training and Re-
training Program.’’ .......................................................................................................................................... 9/06/2016 ML16222A787
Exelon letter to NRC, Clinton Power Station, Unit No. 1, Quad Cities Nuclear Power Station, Units 1 and 2,
and Oyster Creek Nuclear Generating Station, ‘‘Request for Exemption from Specific Provisions in 10
CFR 7355(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or
During Severe Weather.’’ ............................................................................................................................... 8/16/2016 ML16229A133
Exelon letter to NRC, Oyster Creek Nuclear Generating Station, ‘‘License Amendment Request—Proposed
Changes to Technical Specifications Section 6.0 Administrative Controls for Permanently Defueled Con-
dition’’ ............................................................................................................................................................. 5/17/2016 ML16138A129
Exelon letter to NRC, Clinton Power Station, Unit No. 1, ‘‘License Amendment Request—Proposed
Changes to Technical Specifications Section 5.0 Administrative Controls for Permanently Defueled Con-
dition’’ ............................................................................................................................................................. 7/28/2016 ML16210A300
Exelon letter to NRC, Quad Cities Nuclear Power Station, Units 1 and 2, ‘‘License Amendment Request—
Proposed Changes to Technical Specifications Section 5.0 Administrative Controls for Permanently
Defueled Condition ......................................................................................................................................... 10/20/2016 ML16294A203
Exelon Letter to NRC, Quad Cities Nuclear Power Station, Units 1 and 2, ‘‘Withdrawal of Certification of
Permanent Cessation of Power Operations.’’ ................................................................................................ 12/14/2016 ML16349A311
Exelon Letter to NRC, Clinton Power Station, Unit No. 1, ‘‘Withdrawal of Certification of Permanent Ces-
sation of Power Operations.’’ ......................................................................................................................... 12/14/2016 ML16349A314
Dated at Rockville, Maryland, this 23rd day Water Reactors.’’ This DG is a proposed ADDRESSES: You may submit comments
of January 2017. new regulatory guide (RG) to provide by any of the following methods:
For the Nuclear Regulatory Commission. designers, applicants, and licensees of • Federal Rulemaking Web site: Go to
Anne T. Boland, non-light water cooled nuclear reactors http://www.regulations.gov and search
Director, Division of Operating Reactor (non-LWR) guidance for developing for Docket ID NRC–2017–0016. Address
Licensing, Office of Nuclear Reactor principal design criteria (PDC) for a questions about NRC dockets to Carol
Regulation. proposed facility. The PDC establish the Gallagher; telephone: 301–415–3463;
[FR Doc. 2017–02336 Filed 2–2–17; 8:45 am] necessary design, fabrication, email: Carol.Gallagher@nrc.gov. For
BILLING CODE 7590–01–P construction, testing, and performance technical questions, contact the
requirements for structures, systems, individuals listed in the FOR FURTHER
and components important to safety; INFORMATION CONTACT section of this
NUCLEAR REGULATORY that is, structures, systems, and document.
COMMISSION components that provide reasonable • Mail comments to: Cindy Bladey,
assurance that the facility can be Office of Administration, Mail Stop:
[NRC–2017–0016] OWFN–12–H08, U.S. Nuclear
operated without undue risk to the
health and safety of the public. Regulatory Commission, Washington,
Guidance for Developing Principal
DC 20555–0001.
Design Criteria for Non-Light Water DATES: Submit comments by April 4, For additional direction on obtaining
Reactors 2017. Comments received after this date information and submitting comments,
AGENCY: Nuclear Regulatory will be considered if it is practical to do see ‘‘Obtaining Information and
Commission. so, but the NRC is able to ensure Submitting Comments’’ in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
consideration only for comments SUPPLEMENTARY INFORMATION section of
ACTION: Draft regulatory guide; request
for comment. received on or before this date. this document.
Although a time limit is given, FOR FURTHER INFORMATION CONTACT: Jan
SUMMARY: The U.S. Nuclear Regulatory comments and suggestions in Mazza, Office of New Reactors,
Commission (NRC) is issuing for public connection with items for inclusion in telephone: 301–415–0498, email:
comment draft regulatory guide (DG), guides currently being developed or Jan.Mazza@nrc.gov, or Mark Orr, Office
DG–1330, ‘‘Guidance for Developing improvements in all published guides of Nuclear Regulatory Research,
Principal Design Criteria for Non-Light are encouraged at any time. telephone: 301–415–6003, email:
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Document Created: 2018-02-01 14:34:54
Document Modified: 2018-02-01 14:34:54
| 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 January 23, 2017. | |
| Contact | John G. Lamb, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3100; email: [email protected] | |
| FR Citation | 82 FR 9243 |
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