83_FR_42482 83 FR 42320 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station

83 FR 42320 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range42320-42322
FR Document2018-17988

The U.S. Nuclear Regulatory Commission (NRC) has issued an exemption in response to a May 24, 2018, request from Entergy Nuclear Operations, Inc., for an exemption of up to 3 months from certain security training schedule requirements for the Vermont Yankee Nuclear Power Station.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42320-42322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17988]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-271 and 72-59; NRC-2018-0179]


Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power 
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to a May 24, 2018, request from Entergy Nuclear 
Operations, Inc., for an exemption of up to 3 months from certain 
security training schedule requirements for the Vermont Yankee Nuclear 
Power Station.

DATES: The exemption was issued on July 31, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0179 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0179. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jack D. Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6634, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated at Rockville, Maryland, this 16th day of August 2018.

    For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.

Attachment--Exemption

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.; VERMONT 
YANKEE NUCLEAR POWER STATION

DOCKET NOS. 50-271 AND 72-59

EXEMPTION

1.0 BACKGROUND
    Entergy Nuclear Operations, Inc. (ENO or the licensee) is the 
holder of Facility Operating License No. DPR-28 for the Vermont Yankee 
Nuclear Power Station (VY) in Windham County, Vermont. The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the Nuclear Regulatory Commission 
(NRC or the Commission) now or hereafter in effect. The facility now 
consists of a permanently shut down and decommissioning boiling water 
reactor and associated Independent Spent Fuel Storage Installation 
(ISFSI).
    The licensee is in the process of transferring the remaining spent 
fuel from the spent fuel pool into dry storage canisters that are then 
placed in concrete overpacks and stored on the ISFSI pad. Concurrently, 
the licensee received, by letter dated July 25, 2018 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML18165A423), NRC approval of a license amendment for implementation of 
a revised Physical Security Plan (PSP) to meet the security 
requirements of an ISFSI-only configuration for spent fuel storage at 
the site. The effective date of the ISFSI-only PSP approval is the date 
on which the licensee notifies the NRC in writing that all of the spent 
nuclear fuel assemblies have been transferred out of the spent fuel 
pool and have been placed in dry storage within the ISFSI. 
Implementation of the ISFSI-only PSP shall be within 90 days of the 
effective date of the approval of the amendment.
2.0 REQUEST/ACTION
    By letter dated May 24, 2018, and pursuant to 10 CFR 73.5, 
``Specific Exemptions,'' ENO requested an exemption from certain 
schedule

[[Page 42321]]

requirements of 10 CFR part 73, Appendix B, Section VI.A.7, which 
covers training and qualification plans for personnel performing 
security program duties at nuclear power reactors (ADAMS Accession No. 
ML18150A337). Attachment 2 to the request letter contains security-
related information and, accordingly, is not available to the public.

10 CFR part 73, Appendix B, Section VI.A.7, states--

Annual requirements must be scheduled at a nominal twelve (12) month 
periodicity. Annual requirements may be completed up to three (3) 
months before or three (3) months after the scheduled date. However, 
the next annual training must be scheduled twelve (12) months from the 
previously scheduled date rather than the date the training was 
actually completed.

    The scheduled dates for the completion of specified 2018 annual 
training for certain weapons training and security exercises at VY were 
May 9, 2018, and June 6, 2018. Consequently, the deadlines for 
completing these activities (taking into account the 3-month allowance 
provided in 10 CFR part 73, Appendix B, Section VI.A.7) are August 7, 
2018, and September 4, 2018.
    This exemption was requested to allow the completion date for 
specified annual training for certain weapons training and security 
exercises to be no later than November 7, 2018, which would be a 3-
month extension from the current due date based on the regulation 
referenced above. The express purpose of the request is to move the 
completion due date for the specified annual training past the expected 
implementation date of the NRC-approved revision of the current PSP to 
an ISFSI-only PSP. Implementation of the ISFSI-only PSP will be 
performed after the remaining spent fuel is loaded and placed on the 
ISFSI pad. Because specific security annual training is not required 
for sites with an ISFSI-only configuration for spent nuclear fuel, this 
exemption would allow the licensee to delay completion of the training 
until such time as it is no longer required.
    The required implementation date for the ISFSI-only PSP is within 
90 days from the date that the licensee notifies the NRC in writing 
that all spent nuclear fuel assemblies have been transferred out of the 
spent fuel pool and have been placed in dry storage within the ISFSI. 
The expected completion date for the transfer to dry fuel storage is 
August 2018. As described in spent fuel cask registration letters dated 
May 31, 2018 (ADAMS Accession No. ML18156A132) and June 12, 2018 (ADAMS 
Accession No. ML18172A127), the licensee has loaded four MPC-68M multi-
purpose canisters between May 5, 2018, and June 5, 2018, and those 
canisters in turn have been loaded into HI-STORM 100S Version B 
overpacks and placed on the ISFSI pad. Therefore, the current loading 
campaign is capable of loading and placing on the ISFSI pad 
approximately one canister per week. As of June 12, 2018, there were 9 
canisters left to be loaded and placed on the ISFSI pad. Therefore, the 
completion of loading spent fuel into canisters and placing them on the 
ISFSI pad is considered achievable by the end of August 2018. With this 
exemption, the licensee will not be in violation of the training 
schedule requirements of 10 CFR part 73, Appendix B, Section VI.A.7, 
provided that, prior to November 7, 2018, the licensee either 
implements the ISFSI-only PSP, or completes the noted specific security 
training.
3.0 DISCUSSION OF EXEMPTION FROM 10 CFR PART 73, APPENDIX B, SECTION 
VI.A.7 TRAINING SCHEDULE REQUIREMENTS
    The NRC approval of this exemption would allow an extension until 
November 7, 2018, for certain annual training required by 10 CFR part 
73, Appendix B, Section VI.A.7 (i.e., weapons training and security 
exercises that are specifically referenced in Attachment 2 to the 
licensee's exemption request (security-related information)). Pursuant 
to 10 CFR 73.5, the Commission may, upon application by any interested 
person or upon its own initiative, grant exemptions from the 
requirements of 10 CFR part 73 when the exemptions are authorized by 
law, and will not endanger life or property or the common defense and 
security, and are otherwise in the public interest.

Authorized by Law

    As explained in this SER, the proposed exemption will not endanger 
life or property, nor the common defense and security, and is otherwise 
in the public interest. Issuance of this exemption is consistent with 
the Atomic Energy Act of 1954, as amended, and not otherwise 
inconsistent with the NRC's regulations or other applicable laws. 
Therefore, issuance of the exemption is authorized by law.

Will Not Endanger Life or Property or the Common Defense and Security

    Granting of the proposed exemption will allow the completion dates 
of the specified annual training and qualification activities to be 
extended beyond the scheduled completion dates specified in 10 CFR part 
73, Appendix B Section VI.A.7. The exemption does not affect the 
requirements for other periodic, specifically quarterly and trimester, 
security training activities that will continue and will provide 
training opportunities which ensure the proficiency of the training 
staff during the limited time affected by the schedule change. The 
proposed exemption would not significantly reduce the measures 
currently in place to protect against radiological sabotage, theft or 
diversion, or significantly reduce the overall effectiveness of the 
PSP, Training and Qualification Plan, or Safeguards Contingency Plan. 
Therefore, granting the exemption will not endanger life or property or 
the common defense and security.

Is Otherwise in the Public Interest

    Completing the annual training by the dates required by 10 CFR part 
73, Appendix B, Section VI.A.7 would divert site personnel from the 
role of providing support and oversight of the ongoing dry fuel storage 
loading campaign with little benefit considering the short amount of 
time that the remaining spent fuel would be in the spent fuel pool 
after the current due date for the training. Allowing the ongoing cask 
loading campaign to continue without interruptions imposed by the 
annual training would support safety and efficiency for those 
activities and more expeditious completion of the transfer of 
irradiated fuel out of the spent fuel pool. Granting an exemption from 
the annual training would also avoid diverting site resources from 
providing support for ongoing efforts to complete construction, 
testing, training, and implementation of the features associated with 
the ISFSI-only PSP.
    The proposed exemption would allow annual training to be 
rescheduled beyond the current schedule date for completing the 
transfer of irradiated fuel from the spent fuel pool to dry storage. 
The exemption would not reduce overall protection of the facility and 
stored irradiated fuel, but would maintain the current level of safety 
and security, and would avoid diverting site personnel attention from 
completing the transfer of spent fuel to dry storage. Therefore, the 
proposed exemption is in the public interest.
4.0 ENVIRONMENTAL CONSIDERATIONS
    Under 10 CFR 51.22(c)(25), granting of an exemption from the 
requirements of any regulation of Chapter I falls within a categorical 
exclusion to the environmental review requirements of

[[Page 42322]]

Part 51, 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 
are among those identified in 10 CFR 51.22(c)(25)(vi).
    The Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, has determined that approval of the exemption request 
involves no significant hazards consideration because allowing the 
licensee to have an exemption of up to 3 months from certain schedule 
requirements of 10 CFR part 73, Appendix B, ``General Criteria for 
Security Personnel,'' for VY 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 exemption from certain 
schedule requirements of 10 CFR part 73, Appendix B, Section VI.A.7 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 from radiological accidents. The 
requirements from which the exemption is sought fall within categories 
identified in 10 CFR 51.22(c)(25)(vi), specifically scheduling 
requirements, as well as education, weapons training, training 
exercises, qualification, requalification or other employment 
suitability requirements.
    Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the approval of this exemption request.
5.0 CONCLUSION FOR 10 CFR PART 73, APPENDIX B, SECTION VI.A.7 SCHEDULE 
EXEMPTION REQUEST
    The NRC staff has reviewed the licensee's submittals and concludes 
that the licensee has justified its request for an extension of certain 
10 CFR part 73, Appendix B, Section VI.A.7 security training schedules 
to November 7, 2018.
    Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, 
``Specific exemptions,'' an exemption from certain 10 CFR part 73, 
Appendix B, Section VI.A.7 security training schedule requirements is 
authorized by law and will not endanger life or property or the common 
defense and security, and is otherwise in the public interest. The NRC 
hereby grants the requested exemption.
    The NRC staff has determined that efficiencies will be gained if 
the NRC-approved ISFSI-only PSP is implemented within 90 days of the 
completion of removal of spent fuel from the VY spent fuel pool. The 
NRC has concluded that approving the licensee's exemption request is in 
the best interest of protecting the public health and safety through 
the efficiencies gained by not having to perform the currently 
scheduled annual security training shortly before the removal of spent 
fuel from the spent fuel pool and placement in the ISFSI, which would 
make the scheduled training moot.
    This exemption expires on November 7, 2018. By that time, the 
licensee is required to have implemented its ISFSI-only PSP, or be in 
full compliance with the security training schedule requirements of 10 
CFR part 73, Appendix B, Section VI.A.7.
    Pursuant to 10 CFR 51.22(c)(25), NRC has determined that granting 
of an exemption from the requirements of 10 CFR part 73, Appendix B, 
Section VI.A.7 falls within a categorical exclusion to the 
environmental review requirements of Part 51.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 31st day of July 2018.

    For The Nuclear Regulatory Commission

Andrea Kock,

Acting Director, Division of Decommissioning, Uranium Recovery and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2018-17988 Filed 8-20-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                42320                        Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices

                                                B. Submitting Comments                                  NUCLEAR REGULATORY                                    SUPPLEMENTARY INFORMATION:       The text of
                                                                                                        COMMISSION                                            the exemption is attached.
                                                  Please include Docket ID NRC–2018–
                                                                                                        [Docket Nos. 50–271 and 72–59; NRC–2018–                Dated at Rockville, Maryland, this 16th day
                                                0159 in your comment submission.                                                                              of August 2018.
                                                                                                        0179]
                                                  The NRC cautions you not to include                                                                           For the Nuclear Regulatory Commission.
                                                identifying or contact information that                 Entergy Nuclear Operations, Inc.;                     Bruce A. Watson,
                                                you do not want to be publicly                          Vermont Yankee Nuclear Power                          Chief, Reactor Decommissioning Branch,
                                                disclosed in your comment submission.                   Station                                               Division of Decommissioning, Uranium
                                                The NRC will post all comment                                                                                 Recovery and Waste Programs, Office of
                                                                                                        AGENCY:  Nuclear Regulatory                           Nuclear Material Safety and Safeguards.
                                                submissions at http://
                                                                                                        Commission.
                                                www.regulations.gov as well as enter the                                                                      Attachment—Exemption
                                                comment submissions into ADAMS.                         ACTION: Exemption; issuance.
                                                The NRC does not routinely edit                                                                               UNITED STATES OF AMERICA
                                                                                                        SUMMARY:   The U.S. Nuclear Regulatory
                                                comment submissions to remove                           Commission (NRC) has issued an                        NUCLEAR REGULATORY
                                                identifying or contact information.                     exemption in response to a May 24,                    COMMISSION ENTERGY NUCLEAR
                                                  If you are requesting or aggregating                  2018, request from Entergy Nuclear                    OPERATIONS, INC.; VERMONT
                                                comments from other persons for                         Operations, Inc., for an exemption of up              YANKEE NUCLEAR POWER STATION
                                                submission to the NRC, then you should                  to 3 months from certain security                     DOCKET NOS. 50–271 AND 72–59
                                                inform those persons not to include                     training schedule requirements for the
                                                                                                        Vermont Yankee Nuclear Power Station.                 EXEMPTION
                                                identifying or contact information that
                                                they do not want to be publicly                         DATES: The exemption was issued on                    1.0 BACKGROUND
                                                disclosed in their comment submission.                  July 31, 2018.                                           Entergy Nuclear Operations, Inc.
                                                Your request should state that the NRC                  ADDRESSES: Please refer to Docket ID                  (ENO or the licensee) is the holder of
                                                does not routinely edit comment                         NRC–2018–0179 when contacting the                     Facility Operating License No. DPR–28
                                                submissions to remove such information                  NRC about the availability of                         for the Vermont Yankee Nuclear Power
                                                before making the comment                               information regarding this document.                  Station (VY) in Windham County,
                                                submissions available to the public or                  You may obtain publicly-available                     Vermont. The license provides, among
                                                entering the comment into ADAMS.                        information related to this document                  other things, that the facility is subject
                                                                                                        using any of the following methods:                   to all rules, regulations, and orders of
                                                II. Discussion                                             • Federal Rulemaking Website: Go to                the Nuclear Regulatory Commission
                                                                                                        http://www.regulations.gov and search                 (NRC or the Commission) now or
                                                   On August 1, 2018, the NRC solicited
                                                                                                        for Docket ID NRC–2018–0179. Address                  hereafter in effect. The facility now
                                                comments on its draft ISG on DFPs for                   questions about NRC dockets to Jennifer
                                                materials licensees. The purpose of this                                                                      consists of a permanently shut down
                                                                                                        Borges; telephone: 301–287–9127;                      and decommissioning boiling water
                                                ISG is to provide NRC staff and industry                email: Jennifer.Borges@nrc.gov. For                   reactor and associated Independent
                                                with guidance based on developments                     technical questions, contact the                      Spent Fuel Storage Installation (ISFSI).
                                                and lessons learned regarding financial                 individual listed in the FOR FURTHER                     The licensee is in the process of
                                                assurance since the last update to                      INFORMATION CONTACT section of this                   transferring the remaining spent fuel
                                                NUREG–1757, Volume 3. The ISG                              • NRC’s Agencywide Documents                       from the spent fuel pool into dry storage
                                                covers decommissioning cost estimates                   Access and Management System                          canisters that are then placed in
                                                describing current facility conditions,                 (ADAMS): You may obtain publicly-                     concrete overpacks and stored on the
                                                evaluating events since the last DFP                    available documents online in the                     ISFSI pad. Concurrently, the licensee
                                                approval, and updates for certain                       ADAMS Public Documents collection at                  received, by letter dated July 25, 2018
                                                financial instruments. The public                       http://www.nrc.gov/reading-rm/                        (Agencywide Documents Access and
                                                comment period was originally                           adams.html. To begin the search, select               Management System (ADAMS)
                                                scheduled to close on September 17,                     ‘‘ADAMS Public Documents’’ and then                   Accession No. ML18165A423), NRC
                                                2018. The NRC has decided to extend                     select ‘‘Begin Web-based ADAMS                        approval of a license amendment for
                                                the public comment period on this                       Search.’’ For problems with ADAMS,                    implementation of a revised Physical
                                                document until October 5, 2018, to                      please contact the NRC’s Public                       Security Plan (PSP) to meet the security
                                                allow more time for industry and                        Document Room (PDR) reference staff at                requirements of an ISFSI-only
                                                members of the public to submit their                   1–800–397–4209, 301–415–4737, or by                   configuration for spent fuel storage at
                                                comments.                                               email to pdr.resource@nrc.gov. The                    the site. The effective date of the ISFSI-
                                                                                                        ADAMS accession number for each                       only PSP approval is the date on which
                                                  Dated at Rockville, Maryland, this 14th day           document referenced (if it is available in
                                                of August 2018.
                                                                                                                                                              the licensee notifies the NRC in writing
                                                                                                        ADAMS) is provided the first time that                that all of the spent nuclear fuel
                                                  For the Nuclear Regulatory Commission.                it is mentioned in this document.                     assemblies have been transferred out of
                                                Andrea L. Kock,                                            • NRC’s PDR: You may examine and                   the spent fuel pool and have been
                                                Deputy Director, Division of                            purchase copies of public documents at                placed in dry storage within the ISFSI.
                                                Decommissioning, Uranium Recovery and                   the NRC’s PDR, Room O1–F21, One                       Implementation of the ISFSI-only PSP
                                                                                                        White Flint North, 11555 Rockville
sradovich on DSK3GMQ082PROD with NOTICES




                                                Waste Programs, Office of Nuclear Material                                                                    shall be within 90 days of the effective
                                                Safety and Safeguards.                                  Pike, Rockville, Maryland 20852.                      date of the approval of the amendment.
                                                [FR Doc. 2018–17983 Filed 8–20–18; 8:45 am]             FOR FURTHER INFORMATION CONTACT: Jack
                                                                                                        D. Parrott, Office of Nuclear Material                2.0 REQUEST/ACTION
                                                BILLING CODE 7590–01–P
                                                                                                        Safety and Safeguards, U.S. Nuclear                     By letter dated May 24, 2018, and
                                                                                                        Regulatory Commission, Washington,                    pursuant to 10 CFR 73.5, ‘‘Specific
                                                                                                        DC 20555–0001; telephone: 301–415–                    Exemptions,’’ ENO requested an
                                                                                                        6634, email: Jack.Parrott@nrc.gov.                    exemption from certain schedule


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                                                                             Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices                                           42321

                                                requirements of 10 CFR part 73,                         No. ML18172A127), the licensee has                    beyond the scheduled completion dates
                                                Appendix B, Section VI.A.7, which                       loaded four MPC–68M multi-purpose                     specified in 10 CFR part 73, Appendix
                                                covers training and qualification plans                 canisters between May 5, 2018, and June               B Section VI.A.7. The exemption does
                                                for personnel performing security                       5, 2018, and those canisters in turn have             not affect the requirements for other
                                                program duties at nuclear power                         been loaded into HI–STORM 100S                        periodic, specifically quarterly and
                                                reactors (ADAMS Accession No.                           Version B overpacks and placed on the                 trimester, security training activities
                                                ML18150A337). Attachment 2 to the                       ISFSI pad. Therefore, the current                     that will continue and will provide
                                                request letter contains security-related                loading campaign is capable of loading                training opportunities which ensure the
                                                information and, accordingly, is not                    and placing on the ISFSI pad                          proficiency of the training staff during
                                                available to the public.                                approximately one canister per week.                  the limited time affected by the
                                                10 CFR part 73, Appendix B, Section                     As of June 12, 2018, there were 9                     schedule change. The proposed
                                                VI.A.7, states—                                         canisters left to be loaded and placed on             exemption would not significantly
                                                Annual requirements must be scheduled                   the ISFSI pad. Therefore, the                         reduce the measures currently in place
                                                at a nominal twelve (12) month                          completion of loading spent fuel into                 to protect against radiological sabotage,
                                                periodicity. Annual requirements may                    canisters and placing them on the ISFSI               theft or diversion, or significantly
                                                be completed up to three (3) months                     pad is considered achievable by the end               reduce the overall effectiveness of the
                                                before or three (3) months after the                    of August 2018. With this exemption,                  PSP, Training and Qualification Plan, or
                                                scheduled date. However, the next                       the licensee will not be in violation of              Safeguards Contingency Plan. Therefore,
                                                annual training must be scheduled                       the training schedule requirements of 10              granting the exemption will not
                                                twelve (12) months from the previously                  CFR part 73, Appendix B, Section                      endanger life or property or the common
                                                                                                        VI.A.7, provided that, prior to                       defense and security.
                                                scheduled date rather than the date the
                                                training was actually completed.                        November 7, 2018, the licensee either
                                                                                                                                                              Is Otherwise in the Public Interest
                                                                                                        implements the ISFSI-only PSP, or
                                                   The scheduled dates for the                          completes the noted specific security                    Completing the annual training by the
                                                completion of specified 2018 annual                     training.                                             dates required by 10 CFR part 73,
                                                training for certain weapons training                                                                         Appendix B, Section VI.A.7 would
                                                and security exercises at VY were May                   3.0 DISCUSSION OF EXEMPTION                           divert site personnel from the role of
                                                9, 2018, and June 6, 2018. Consequently,                FROM 10 CFR PART 73, APPENDIX B,                      providing support and oversight of the
                                                the deadlines for completing these                      SECTION VI.A.7 TRAINING SCHEDULE                      ongoing dry fuel storage loading
                                                activities (taking into account the 3-                  REQUIREMENTS                                          campaign with little benefit considering
                                                month allowance provided in 10 CFR                         The NRC approval of this exemption                 the short amount of time that the
                                                part 73, Appendix B, Section VI.A.7) are                would allow an extension until                        remaining spent fuel would be in the
                                                August 7, 2018, and September 4, 2018.                  November 7, 2018, for certain annual                  spent fuel pool after the current due
                                                   This exemption was requested to                      training required by 10 CFR part 73,                  date for the training. Allowing the
                                                allow the completion date for specified                 Appendix B, Section VI.A.7 (i.e.,                     ongoing cask loading campaign to
                                                annual training for certain weapons                     weapons training and security exercises               continue without interruptions imposed
                                                training and security exercises to be no                that are specifically referenced in                   by the annual training would support
                                                later than November 7, 2018, which                      Attachment 2 to the licensee’s                        safety and efficiency for those activities
                                                would be a 3-month extension from the                   exemption request (security-related                   and more expeditious completion of the
                                                current due date based on the regulation                information)). Pursuant to 10 CFR 73.5,               transfer of irradiated fuel out of the
                                                referenced above. The express purpose                   the Commission may, upon application                  spent fuel pool. Granting an exemption
                                                of the request is to move the completion                by any interested person or upon its                  from the annual training would also
                                                due date for the specified annual                       own initiative, grant exemptions from                 avoid diverting site resources from
                                                training past the expected                              the requirements of 10 CFR part 73                    providing support for ongoing efforts to
                                                implementation date of the NRC-                         when the exemptions are authorized by                 complete construction, testing, training,
                                                approved revision of the current PSP to                 law, and will not endanger life or                    and implementation of the features
                                                an ISFSI-only PSP. Implementation of                    property or the common defense and                    associated with the ISFSI-only PSP.
                                                the ISFSI-only PSP will be performed                    security, and are otherwise in the public                The proposed exemption would allow
                                                after the remaining spent fuel is loaded                interest.                                             annual training to be rescheduled
                                                and placed on the ISFSI pad. Because                                                                          beyond the current schedule date for
                                                specific security annual training is not                Authorized by Law                                     completing the transfer of irradiated fuel
                                                required for sites with an ISFSI-only                      As explained in this SER, the                      from the spent fuel pool to dry storage.
                                                configuration for spent nuclear fuel, this              proposed exemption will not endanger                  The exemption would not reduce
                                                exemption would allow the licensee to                   life or property, nor the common                      overall protection of the facility and
                                                delay completion of the training until                  defense and security, and is otherwise                stored irradiated fuel, but would
                                                such time as it is no longer required.                  in the public interest. Issuance of this              maintain the current level of safety and
                                                   The required implementation date for                 exemption is consistent with the Atomic               security, and would avoid diverting site
                                                the ISFSI-only PSP is within 90 days                    Energy Act of 1954, as amended, and                   personnel attention from completing the
                                                from the date that the licensee notifies                not otherwise inconsistent with the                   transfer of spent fuel to dry storage.
                                                the NRC in writing that all spent nuclear               NRC’s regulations or other applicable                 Therefore, the proposed exemption is in
                                                fuel assemblies have been transferred                   laws. Therefore, issuance of the                      the public interest.
                                                out of the spent fuel pool and have been
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                                                                                                        exemption is authorized by law.
                                                placed in dry storage within the ISFSI.                                                                       4.0 ENVIRONMENTAL
                                                The expected completion date for the                    Will Not Endanger Life or Property or                 CONSIDERATIONS
                                                transfer to dry fuel storage is August                  the Common Defense and Security                         Under 10 CFR 51.22(c)(25), granting
                                                2018. As described in spent fuel cask                     Granting of the proposed exemption                  of an exemption from the requirements
                                                registration letters dated May 31, 2018                 will allow the completion dates of the                of any regulation of Chapter I falls
                                                (ADAMS Accession No. ML18156A132)                       specified annual training and                         within a categorical exclusion to the
                                                and June 12, 2018 (ADAMS Accession                      qualification activities to be extended               environmental review requirements of


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                                                42322                        Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices

                                                Part 51, provided that (i) there is no                  5.0 CONCLUSION FOR 10 CFR PART                        OFFICE OF PERSONNEL
                                                significant hazards consideration; (ii)                 73, APPENDIX B, SECTION VI.A.7                        MANAGEMENT
                                                there is no significant change in the                   SCHEDULE EXEMPTION REQUEST
                                                types or significant increase in the                                                                          Federal Prevailing Rate Advisory
                                                amounts of any effluents that may be                       The NRC staff has reviewed the                     Committee; Open Committee Meetings
                                                released offsite; (iii) there is no                     licensee’s submittals and concludes that
                                                                                                        the licensee has justified its request for            AGENCY:  Office of Personnel
                                                significant increase in individual or
                                                                                                        an extension of certain 10 CFR part 73,               Management.
                                                cumulative public or occupational
                                                radiation exposure; (iv) there is no                    Appendix B, Section VI.A.7 security                   ACTION: Notice of Federal Prevailing
                                                significant construction impact; (v)                    training schedules to November 7, 2018.               Rate Advisory Committee Meeting Dates
                                                there is no significant increase in the                                                                       in 2018.
                                                                                                           Accordingly, the NRC has determined
                                                potential for or consequences from                      that pursuant to 10 CFR 73.5, ‘‘Specific                 According to the provisions of section
                                                radiological accidents; and (vi) the                    exemptions,’’ an exemption from certain               10 of the Federal Advisory Committee
                                                requirements from which an exemption                    10 CFR part 73, Appendix B, Section                   Act (Pub. L. 92–463), notice is hereby
                                                is sought are among those identified in                                                                       given that meetings of the Federal
                                                                                                        VI.A.7 security training schedule
                                                10 CFR 51.22(c)(25)(vi).                                                                                      Prevailing Rate Advisory Committee
                                                                                                        requirements is authorized by law and
                                                   The Director, Division of                            will not endanger life or property or the             will be held on—
                                                Decommissioning, Uranium Recovery,                                                                            Thursday, September 20, 2018
                                                                                                        common defense and security, and is
                                                and Waste Programs, has determined                                                                            Thursday, October 18, 2018
                                                                                                        otherwise in the public interest. The
                                                that approval of the exemption request                                                                        Thursday, November 15, 2018
                                                involves no significant hazards                         NRC hereby grants the requested
                                                                                                        exemption.                                            Thursday, December 20, 2018
                                                consideration because allowing the                                                                               The meetings will start at 10 a.m. and
                                                licensee to have an exemption of up to                     The NRC staff has determined that                  will be held in Room 5A06A, Office of
                                                3 months from certain schedule                          efficiencies will be gained if the NRC-               Personnel Management Building, 1900 E
                                                requirements of 10 CFR part 73,                         approved ISFSI-only PSP is                            Street, NW, Washington, DC.
                                                Appendix B, ‘‘General Criteria for                      implemented within 90 days of the                        The Federal Prevailing Rate Advisory
                                                Security Personnel,’’ for VY does not (1)               completion of removal of spent fuel                   Committee is composed of a Chair, five
                                                involve a significant increase in the                   from the VY spent fuel pool. The NRC                  representatives from labor unions
                                                probability or consequences of an                       has concluded that approving the                      holding exclusive bargaining rights for
                                                accident previously evaluated; or (2)                   licensee’s exemption request is in the                Federal prevailing rate employees, and
                                                create the possibility of a new or                      best interest of protecting the public                five representatives from Federal
                                                different kind of accident from any                     health and safety through the                         agencies. Entitlement to membership on
                                                accident previously evaluated; or (3)                   efficiencies gained by not having to                  the Committee is provided for in 5
                                                involve a significant reduction in a                    perform the currently scheduled annual                U.S.C. 5347.
                                                margin of safety. The exemption from                    security training shortly before the                     The Committee’s primary
                                                certain schedule requirements of 10 CFR                 removal of spent fuel from the spent                  responsibility is to review the Prevailing
                                                part 73, Appendix B, Section VI.A.7 is                                                                        Rate System and other matters pertinent
                                                                                                        fuel pool and placement in the ISFSI,
                                                unrelated to any operational restriction.                                                                     to establishing prevailing rates under
                                                                                                        which would make the scheduled
                                                Accordingly, there is no significant                                                                          subchapter IV, chapter 53, 5 U.S.C., as
                                                                                                        training moot.
                                                change in the types or significant                                                                            amended, and from time to time advise
                                                increase in the amounts of any effluents                   This exemption expires on November                 the Office of Personnel Management.
                                                that may be released offsite; and no                    7, 2018. By that time, the licensee is                   These scheduled meetings are open to
                                                significant increase in individual or                   required to have implemented its ISFSI-               the public with both labor and
                                                cumulative public or occupational                       only PSP, or be in full compliance with               management representatives attending.
                                                radiation exposure. The exempted                        the security training schedule                        During the meetings either the labor
                                                regulation is not associated with                       requirements of 10 CFR part 73,                       members or the management members
                                                construction, so there is no significant                Appendix B, Section VI.A.7.                           may caucus separately to devise strategy
                                                construction impact. The exempted                          Pursuant to 10 CFR 51.22(c)(25), NRC               and formulate positions. Premature
                                                regulation does not concern the source                  has determined that granting of an                    disclosure of the matters discussed in
                                                term (i.e., potential amount of radiation               exemption from the requirements of 10                 these caucuses would unacceptably
                                                in an accident), nor mitigation. Thus,                  CFR part 73, Appendix B, Section                      impair the ability of the Committee to
                                                there is no significant increase in the                                                                       reach a consensus on the matters being
                                                                                                        VI.A.7 falls within a categorical
                                                potential for or consequences from                                                                            considered and would disrupt
                                                                                                        exclusion to the environmental review
                                                radiological accidents. The                                                                                   substantially the disposition of its
                                                                                                        requirements of Part 51.
                                                requirements from which the exemption                                                                         business. Therefore, these caucuses will
                                                is sought fall within categories                           This exemption is effective upon                   be closed to the public because of a
                                                identified in 10 CFR 51.22(c)(25)(vi),                  issuance.                                             determination made by the Director of
                                                specifically scheduling requirements, as                  Dated at Rockville, Maryland, this 31st day         the Office of Personnel Management
                                                well as education, weapons training,                    of July 2018.                                         under the provisions of section 10(d) of
                                                training exercises, qualification,                        For The Nuclear Regulatory Commission               the Federal Advisory Committee Act
                                                requalification or other employment                                                                           (Pub. L. 92–463) and 5 U.S.C.
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                                                suitability requirements.                               Andrea Kock,
                                                                                                                                                              552b(c)(9)(B). These caucuses may,
                                                   Therefore, pursuant to 10 CFR                        Acting Director, Division of                          depending on the issues involved,
                                                51.22(b) and 51.22(c)(25), no                           Decommissioning, Uranium Recovery and                 constitute a substantial portion of a
                                                environmental impact statement or                       Waste Programs, Office of Nuclear Material            meeting.
                                                environmental assessment need be                        Safety and Safeguards.                                   Annually, the Chair compiles a report
                                                prepared in connection with the                         [FR Doc. 2018–17988 Filed 8–20–18; 8:45 am]           of pay issues discussed and concluded
                                                approval of this exemption request.                     BILLING CODE 7590–01–P                                recommendations. These reports are


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Document Created: 2018-08-21 00:08:09
Document Modified: 2018-08-21 00:08:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionExemption; issuance.
DatesThe exemption was issued on July 31, 2018.
ContactJack D. Parrott, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6634, email: [email protected]
FR Citation83 FR 42320 

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