83_FR_46373 83 FR 46196 - FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation, LLC, Beaver Valley Power Station, Units 1 and 2, Davis-Besse Nuclear Power Station, Unit No. 1, Perry Nuclear Power Plant, Unit No. 1

83 FR 46196 - FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation, LLC, Beaver Valley Power Station, Units 1 and 2, Davis-Besse Nuclear Power Station, Unit No. 1, Perry Nuclear Power Plant, Unit No. 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 177 (September 12, 2018)

Page Range46196-46198
FR Document2018-19848

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a July 19, 2017 request from FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation, LLC (collectively, the licensee), as supplemented by letters dated March 16, 2018, and May 2, 2018. The exemption is from the NRC definition for a physical barrier regarding the construction standards for the fence bracket angle. The exemption allows the licensee to apply a fence topper bracket angle of zero degrees (or vertical) at specific locations on the protected area fence at each facility, in lieu of the 30 to 45 degree fence bracket angle required by Commission regulations. All other construction standards contained in the Commission regulations for a physical barrier fence topper remain applicable.

Federal Register, Volume 83 Issue 177 (Wednesday, September 12, 2018)
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46196-46198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19848]



[[Page 46196]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-346, 50-440, 50-334 and 50-412; NRC-2018-0187, NRC-
2018-0192, and NRC-2018-0193]


FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy 
Nuclear Generation, LLC, Beaver Valley Power Station, Units 1 and 2, 
Davis-Besse Nuclear Power Station, Unit No. 1, Perry Nuclear Power 
Plant, Unit No. 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a July 19, 2017 request from FirstEnergy 
Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation, 
LLC (collectively, the licensee), as supplemented by letters dated 
March 16, 2018, and May 2, 2018. The exemption is from the NRC 
definition for a physical barrier regarding the construction standards 
for the fence bracket angle. The exemption allows the licensee to apply 
a fence topper bracket angle of zero degrees (or vertical) at specific 
locations on the protected area fence at each facility, in lieu of the 
30 to 45 degree fence bracket angle required by Commission regulations. 
All other construction standards contained in the Commission 
regulations for a physical barrier fence topper remain applicable.

DATES: The exemption was issued on September 6, 2018.

ADDRESSES: Please refer to Docket IDs. NRC-2018-0187, NRC-2018-0192, 
and NRC-2018-0193 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-2018-0187, NRC-2018-
0192, and NRC-2018-0193. Address questions about dockets in 
Regulations.gov 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 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: Bhalchandra K. Vaidya, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3308; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC is making the documents identified 
below available to interested persons through one or more of the 
following methods, as indicated. To access documents related to this 
action, see ADDRESSES section of this document.

------------------------------------------------------------------------
                Document                        ADAMS Accession No.
------------------------------------------------------------------------
FirstEnergy Nuclear Operating Company--   ML17200D139
 Exemption Request for a Physical
 Barrier Requirement. Dated July 19,
 2017.
FirstEnergy Nuclear Operating Company--   ML18078A033
 Response to Request For Additional
 Information Regarding Exemption Request
 for a Physical Barrier Requirement.
 Dated March 16, 2018.
FirstEnergy Nuclear Operating Company--   ML18122A133
 Response to Request For Additional
 Information Regarding Exemption Request
 for a Physical Barrier Requirement.
 Dated May 2, 2018.
U.S. Nuclear Regulatory Commission--      ML18130A760,
 FENOC FLEET--Beaver Valley Power         ML18130A849,
 Station, Unit Nos. 1 and 2;              ML18130A820
 Davis[dash]Besse Nuclear Power Station,
 Unit No. 1; and Perry Nuclear Power
 Plant, Unit No. 1--Environmental
 Assessment and Finding of No
 Significant Impact Related to Exemption
 Request for a Physical Barrier
 Requirement.
------------------------------------------------------------------------

    The text of the exemption is attached.

    Dated at Rockville, Maryland, this 7th day of September 2018.

    For the Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-334, 50-412, 50-346, 50-440

FirstEnergy Nuclear Operating Company (FENOC)

Exemption

I. Background

    FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy 
Nuclear Generation, LLC (collectively, the licensee), are the 
holders of the following operating licenses: (1) Renewed Facility 
Operating License No. DPR-66, and No. NPF-73, at Beaver Valley Power 
Station, Units 1 and 2 (BVPS), issued on November 5, 2009; (2) 
Renewed Facility Operating License No. NPF-3 at Davis-Besse Nuclear 
Power Station (DBNPS), Unit No. 1, issued on December 8, 2015; and 
(3) Facility Operating License No. NPF-58 at Perry Nuclear Power 
Plant (PNPP), Unit No. 1, issued on November 13, 1986. The licenses 
provide, among other things, that the facilities are subject to all 
rules, regulations, and orders of the NRC now or hereafter in 
effect.

II. Request/Action

    Pursuant to 10 CFR 73.5, ``Specific exemptions,'' by letter 
dated July 19, 2017 (Agencywide Documents Access and Management 
System (ADAMS) Accession No. ML17200D139), FENOC requested a 
specific partial exemption from one physical barrier construction 
standard described in 10 CFR 73.2, ``Definitions'' for fences. The 
Commission requirement for a protected area physical barrier is 
stated in 10 CFR 73.55(e)(8)(i) which requires, in part, that: ``The 
protected area perimeter must be protected by physical barriers that 
are designed and constructed to . . . '' to limit access, etc. The 
construction standards for a physical barrier are defined in 10 CFR 
73.2.
    The regulation in 10 CFR 73.2 requires, in part, that fences 
must be constructed of No. 11 American wire gauge, or heavier wire 
fabric, topped by three strands or more of barbed wire or similar 
material on brackets angled inward or outward between 30 and 45 
degrees from the vertical. Currently, some of the barbed wire 
bracketing on top of the protected area physical barrier fencing 
does not meet this design criteria specified in 10 CFR, Section 
73.2.
    The requested partial exemption would allow the licensees to 
configure the bracket topper supporting three strands of barbed-wire 
or similar material at the vertical orientation (or 0 degrees) only 
at specific

[[Page 46197]]

locations along the protected area perimeter fence at each facility, 
as specified in the licensees' supplemental letter dated March 16, 
2018 (ADAMS Accession No. ML18078A033).

III. Discussion

    Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission 
may, upon application of any interested person or upon its own 
initiative, grant such exemptions from the requirements of the 
regulations in this part 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.
    In the request dated July 19, 2017, FENOC states, in part, that 
brackets on the top of physical barrier fencing are currently 
oriented vertically on gates, near gates, near interfaces with 
buildings, and on corners. BVPS, DBNPS, and PNPP have similar 
configurations while DBNPS has vertical brackets on top of fences 
near the intrusion detection system (lDS). The FENOC exemption 
request is limited to specific portions of the protected area 
perimeter fence where the licensee prefers to orient the bracket 
topper on the protected area fence at a vertical orientation, in 
lieu of the inward or outward, 45 to 30 degree angular construction 
standard stated in the 10 CFR 73.2.
    In Section 4.0 of the submittal dated July 19, 2017, FENOC 
states that the basis for this exemption is that the vertical 
configuration of the brackets on and near gates, near interfaces 
with buildings, on corners, and near the IDS, of the protected area 
fence does not have an adverse impact on the site protective 
strategies and will continue to protect against the design basis 
threat of radiological sabotage. FENOC further states that because 
the vertical barbed wire will maintain the plant's physical 
security, the underlying purpose of the regulation is met. The 
limited protected area fence sections where the configuration does 
not meet the current regulatory requirement is a small portion of 
the entire protected area perimeter fence. Consultation of design 
drawings and protected area site walk-downs estimates this portion 
to be approximately 6 percent or less for each of the three sites. 
Finally, in Chapter 6, Section 6.2, of the BVPS, DBNPS, and PNPP 
Physical Security Plans, the licensee states that the 45 to 30 
degree angular requirement for the fence topping may not be met at 
locations such as gates and buildings.
    In the supplemental submission dated March 16, 2018, to NRC 
staff Request for Additional Information (RAI) No. 2, the licensee 
stated that the technical basis for the FENOC request for exemption 
from this requirement is that the vertical bracket configuration is 
limited to locations on gates, near gates, near interfaces with 
buildings, and on corners where the licensee prefers to increase the 
tension that can be applied to the three strands of barbed-wire. The 
licensee goes on to state that ``DBNPS also has vertical brackets in 
two locations adjacent to the IDS where physical separation 
clearance is required.'' In the supplemental submission dated May 2, 
2018 (ADAMS Accession No. ML18122A133), to NRC staff request for 
Follow-up RAI No. 1, the licensee stated that the outward angular 
fence bracket requirement would interfere with the effective 
operation of the IDS in that it would result in an unacceptable 
frequency of false alarms and would reduce the sensitivity of the 
detection capability to an unacceptable level.
    The licensee further states in the supplemental response dated 
March 16, 2018, that ``other than the DBNPS locations near the IDS, 
the vertical bracket configuration at the other locations described 
in the exemption request is preferred to maintain sufficient tension 
in the barbed wire strands.'' The licensee goes on to state that the 
vertical bracket configuration is preferred because greater barbed 
wire tension can be applied when using vertical brackets as opposed 
to angular brackets on the end of fence runs (which includes on top 
of gates, adjacent to gates, and adjacent to buildings). Angular 
corner arms do not provide a good tension point in the barbed wire.
    In the supplemental submission dated March 16, 2018, in response 
to NRC staff RAI No. 3, the licensee stated that the vertical 
bracket configuration has no impact to adversary or responder 
timelines in the protective strategies for the FENOC fleet. This is 
due to site-specific evaluations that determined the limiting 
perimeter barrier fence scenarios are most similar to a 
configuration illustrated in Regulatory Issue Summary 2003-06, or 
the use of mechanical breaching utilizing the same configuration. 
The licensee also stated that whether or not the fence toppings are 
vertical or angled makes no difference to the protective strategy 
limiting timelines.

A. The Exemption Is Authorized by Law

    This exemption would allow the application of a 0 degree (or 
vertical/upward) fence topper bracket angle at specific locations at 
BVPS Units 1 and 2, DBNPS, and PNPP. As stated above, 10 CFR 73.5 
allows the NRC to grant exemptions from the requirements of 10 CFR 
part 73. The fence topper bracket angle that will be applied at 
BVPS, DBNPS, and PNPP does not conform to the fence topper bracket 
angle of inward or outward, between 30 and 45 degrees that is 
explicitly defined in 10 CFR 73.2; however, the NRC staff has 
determined that the construction standard applied at each of the 
three facilities and as described in the Chapter 6, Section 6.2 of 
the BVPS, DBNPS, and PNPP Physical Security Plans does not 
negatively impact the capability of the physical protection program 
at each facility meet the requirements of 10 CFR 73.55(b). 
Therefore, granting the licensee's proposed exemption would not 
result in a violation of the Atomic Energy Act of 1954, as amended, 
or the Commission's regulations. Accordingly, the granting of the 
partial exemption request from the requirements of 10 CFR 73.2 is 
authorized by law.

B. The Exemption Will Not Endanger Life or Property

    The objectives of 10 CFR 73.55(e) for physical barriers and the 
construction standards for fences contained in the 10 CFR 73.2 
definition are to ensure that licensees provide physical barriers 
that are adequately designed and constructed to perform their 
intended physical protection program function. Further, all other 
construction materials and components required for a fence as 
defined in 10 CFR 73.2 are currently in place and are maintained at 
the affected FENOC facilities as stated. In addition, the level of 
protection offered by the requested bracket configuration has been 
accounted for by the licensee as part of the facility physical 
protection program. Finally, based on the above discussion, the NRC 
staff has concluded that the use of physical barriers as described 
in the BVPS, DBNPS, and PNPP security plans would provide adequate 
protection against the design basis threat of radiological sabotage, 
if effectively implemented. Therefore, the NRC staff has determined 
that this exemption would not endanger life or property.

C. The Exemption Would Not Endanger Common Defense and Security

    The partial exemption would allow the licensee to apply a fence 
topper bracket angle of 0 degrees (or vertical) at specific 
locations in lieu of the required inward or outward angle of 30 to 
45 degrees. In Section 4.0 of the submittal dated July 19, 2017, the 
licensee states that the vertical configuration of the brackets on 
and near gates, near interfaces with buildings, on corners, and near 
the IDS, of the protected area fence does not have an adverse impact 
on the site protective strategies and will continue to protect 
against the design basis threat of radiological sabotage. Because 
the vertical barbed wire will maintain the plant's physical 
security, the NRC staff finds that the underlying purpose of the 
regulation is met. The licensee is required to develop and maintain 
a physical protection program that maintains the capability to 
detect, assess, interdict, and neutralize all threats up to and 
including the design basis threat of radiological sabotage. 
Therefore, the NRC staff has determined that this exemption would 
not endanger common defense and security.

D. Exemption Is Otherwise in the Public Interest

    Based on its evaluation of licensee's request for an exemption 
to allow vertical barbed wire fence toppings in limited protected 
area sections (on and near gates, near interfaces with buildings, on 
corners, and near the IDS) as described in the licensee's submission 
dated March 16, 2018, the NRC staff has determined that the partial 
exemption would maintain the physical security of the sites and 
would not have an adverse effect on public interest. Therefore, the 
NRC staff has determined that this exemption is otherwise in the 
public interest.

E. Environmental Considerations

    In accordance with 10 CFR 51.31(a), the Commission has 
determined that the granting of this exemption will not have a 
significant effect on the quality of the human environment as 
discussed in the NRC staff's Finding of No Significant Impact and 
associated Environmental Assessment published in Federal Register on 
September 4, 2018 (83 FR 44914, 83 FR 44923, and 83

[[Page 46198]]

FR 44927), the NRC staff finds that the proposed exemption would not 
significantly affect plant safety, would not have a significant 
adverse effect on the probability of an accident occurring, and 
would not have any significant radiological and non-radiological 
impacts. Therefore, the NRC concludes that the proposed action will 
not have a significant effect on the quality of the human 
environment. Accordingly, the NRC has determined not to prepare an 
environmental impact statement for the proposed action

V. Conclusion

    Accordingly, the Commission has determined that pursuant to 10 
CFR 73.5, the exemption is authorized by law, will not endanger life 
or property, is consistent with the common defense and security, and 
is otherwise in the public interest. Therefore, the Commission 
hereby grants FENOC a partial exemption from the requirements of 10 
CFR 73.2 for a fence bracket to be angled inward or outward between 
30 and 45 degrees, to allow the fence bracket angular orientation of 
0 degrees (or vertical/upward) at BVPS, DBNPS, and PNPP at only 
those locations specifically identified by the licensee in the 
supplemental response dated March 16, 2018, to NRC staff RAI No.1, 
explicitly, ``site layouts with the locations and descriptions of 
the protected area physical barrier fencing sections topped with 
vertically-oriented brackets containing barbed wire or similar 
material are provided in Figures 1, 2, and 3 for BVPS, DBNPS, and 
PNPP, respectively.'' All other construction and design requirements 
apply to the specified locations as stated in 10 CFR 73.2. 
Additionally, all construction and design requirements for a 
physical barrier as stated in 10 CFR 73.2, remain applicable to all 
other facility locations not specified in Figures 1, 2, and 3, for 
BVPS, DBNPS, and PNPP, respectively as specified in the supplemental 
response to NRC staff RAI No. 1, dated March 16, 2018.

    Dated at Rockville, Maryland, this 6th day of September, 2018.

    For the Nuclear Regulatory Commission.

Kathryn M. Brock,

Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.

[FR Doc. 2018-19848 Filed 9-11-18; 8:45 am]
 BILLING CODE 7590-01-P



                                               46196                   Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices

                                               NUCLEAR REGULATORY                                      fence at each facility, in lieu of the 30             http://www.nrc.gov/reading-rm/
                                               COMMISSION                                              to 45 degree fence bracket angle                      adams.html. To begin the search, select
                                                                                                       required by Commission regulations. All               ‘‘ADAMS Public Documents’’ and then
                                               [Docket Nos. 50–346, 50–440, 50–334 and
                                               50–412; NRC–2018–0187, NRC–2018–0192,
                                                                                                       other construction standards contained                select ‘‘Begin Web-based ADAMS
                                               and NRC–2018–0193]                                      in the Commission regulations for a                   Search.’’ For problems with ADAMS,
                                                                                                       physical barrier fence topper remain                  please contact the NRC’s Public
                                               FirstEnergy Nuclear Operating                           applicable.                                           Document Room (PDR) reference staff at
                                               Company (FENOC) and FirstEnergy                         DATES: The exemption was issued on                    1–800–397–4209, 301–415–4737, or by
                                               Nuclear Generation, LLC, Beaver                         September 6, 2018.                                    email to pdr.resource@nrc.gov. For the
                                               Valley Power Station, Units 1 and 2,                                                                          convenience of the reader, the ADAMS
                                                                                                       ADDRESSES: Please refer to Docket IDs.
                                               Davis-Besse Nuclear Power Station,                                                                            accession numbers are provided in a
                                                                                                       NRC–2018–0187, NRC–2018–0192, and
                                               Unit No. 1, Perry Nuclear Power Plant,                                                                        table in the ‘‘Availability of Documents’’
                                                                                                       NRC–2018–0193 when contacting the
                                               Unit No. 1                                                                                                    section of this document.
                                                                                                       NRC about the availability of
                                               AGENCY:  Nuclear Regulatory                             information regarding this document.                     • NRC’s PDR: You may examine and
                                               Commission.                                             You may obtain publicly-available                     purchase copies of public documents at
                                               ACTION: Exemption; issuance.                            information related to this document                  the NRC’s PDR, Room O1–F21, One
                                                                                                       using any of the following methods:                   White Flint North, 11555 Rockville
                                               SUMMARY:   The U.S. Nuclear Regulatory                     • Federal Rulemaking Website: Go to                Pike, Rockville, Maryland 20852.
                                               Commission (NRC) is issuing an                          http://www.regulations.gov and search                 FOR FURTHER INFORMATION CONTACT:
                                               exemption in response to a July 19, 2017                for Docket ID NRC–2018–0187, NRC–                     Bhalchandra K. Vaidya, Office of
                                               request from FirstEnergy Nuclear                        2018–0192, and NRC–2018–0193.                         Nuclear Reactor Regulation, U.S.
                                               Operating Company (FENOC) and                           Address questions about dockets in                    Nuclear Regulatory Commission,
                                               FirstEnergy Nuclear Generation, LLC                     Regulations.gov to Jennifer Borges,                   Washington, DC 20555–0001; telephone:
                                               (collectively, the licensee), as                        telephone: 301–287–9127; email:                       301–415–3308; email:
                                               supplemented by letters dated March                     Jennifer.Borges@nrc.gov. For technical                Bhalchandra.Vaidya@nrc.gov.
                                               16, 2018, and May 2, 2018. The                          questions, contact the individual listed
                                               exemption is from the NRC definition                    in the FOR FURTHER INFORMATION                        SUPPLEMENTARY INFORMATION:    The NRC
                                               for a physical barrier regarding the                    CONTACT section of this document.                     is making the documents identified
                                               construction standards for the fence                      • NRC’s Agencywide Documents                        below available to interested persons
                                               bracket angle. The exemption allows the                 Access and Management System                          through one or more of the following
                                               licensee to apply a fence topper bracket                (ADAMS): You may obtain publicly-                     methods, as indicated. To access
                                               angle of zero degrees (or vertical) at                  available documents online in the                     documents related to this action, see
                                               specific locations on the protected area                ADAMS Public Documents collection at                  ADDRESSES section of this document.

                                                                                                                                                                                              ADAMS
                                                                                                                 Document                                                                  Accession No.

                                               FirstEnergy Nuclear Operating Company—Exemption Request for a Physical Barrier Requirement. Dated July 19, 2017 .........                  ML17200D139
                                               FirstEnergy Nuclear Operating Company—Response to Request For Additional Information Regarding Exemption Request for                       ML18078A033
                                                  a Physical Barrier Requirement. Dated March 16, 2018.
                                               FirstEnergy Nuclear Operating Company—Response to Request For Additional Information Regarding Exemption Request for                       ML18122A133
                                                  a Physical Barrier Requirement. Dated May 2, 2018.
                                               U.S. Nuclear Regulatory Commission—FENOC FLEET—Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nu-                             ML18130A760,
                                                  clear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1—Environmental Assessment and Finding of No                   ML18130A849,
                                                  Significant Impact Related to Exemption Request for a Physical Barrier Requirement.                                                     ML18130A820



                                                  The text of the exemption is attached.               licenses: (1) Renewed Facility Operating              Commission requirement for a protected area
                                                                                                       License No. DPR–66, and No. NPF–73, at                physical barrier is stated in 10 CFR
                                                 Dated at Rockville, Maryland, this 7th day
                                                                                                       Beaver Valley Power Station, Units 1 and 2            73.55(e)(8)(i) which requires, in part, that:
                                               of September 2018.
                                                                                                       (BVPS), issued on November 5, 2009; (2)               ‘‘The protected area perimeter must be
                                                 For the Nuclear Regulatory Commission.                Renewed Facility Operating License No.                protected by physical barriers that are
                                               Bhalchandra K. Vaidya,                                  NPF–3 at Davis-Besse Nuclear Power Station            designed and constructed to . . . ’’ to limit
                                               Project Manager, Plant Licensing Branch III,            (DBNPS), Unit No. 1, issued on December 8,            access, etc. The construction standards for a
                                               Division of Operating Reactor Licensing,                2015; and (3) Facility Operating License No.          physical barrier are defined in 10 CFR 73.2.
                                               Office of Nuclear Reactor Regulation.                   NPF–58 at Perry Nuclear Power Plant                      The regulation in 10 CFR 73.2 requires, in
                                                                                                       (PNPP), Unit No. 1, issued on November 13,            part, that fences must be constructed of No.
                                               Attachment—Exemption                                    1986. The licenses provide, among other               11 American wire gauge, or heavier wire
                                               NUCLEAR REGULATORY COMMISSION                           things, that the facilities are subject to all        fabric, topped by three strands or more of
                                                                                                       rules, regulations, and orders of the NRC now         barbed wire or similar material on brackets
                                               Docket Nos. 50–334, 50–412, 50–346, 50–440              or hereafter in effect.                               angled inward or outward between 30 and 45
                                                                                                                                                             degrees from the vertical. Currently, some of
                                               FirstEnergy Nuclear Operating Company                   II. Request/Action                                    the barbed wire bracketing on top of the
                                               (FENOC)
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         Pursuant to 10 CFR 73.5, ‘‘Specific                 protected area physical barrier fencing does
                                               Exemption                                               exemptions,’’ by letter dated July 19, 2017           not meet this design criteria specified in 10
                                                                                                       (Agencywide Documents Access and                      CFR, Section 73.2.
                                               I. Background                                           Management System (ADAMS) Accession                      The requested partial exemption would
                                                 FirstEnergy Nuclear Operating Company                 No. ML17200D139), FENOC requested a                   allow the licensees to configure the bracket
                                               (FENOC) and FirstEnergy Nuclear                         specific partial exemption from one physical          topper supporting three strands of barbed-
                                               Generation, LLC (collectively, the licensee),           barrier construction standard described in 10         wire or similar material at the vertical
                                               are the holders of the following operating              CFR 73.2, ‘‘Definitions’’ for fences. The             orientation (or 0 degrees) only at specific



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                                                                       Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices                                                46197

                                               locations along the protected area perimeter            Follow-up RAI No. 1, the licensee stated that         provide physical barriers that are adequately
                                               fence at each facility, as specified in the             the outward angular fence bracket                     designed and constructed to perform their
                                               licensees’ supplemental letter dated March              requirement would interfere with the                  intended physical protection program
                                               16, 2018 (ADAMS Accession No.                           effective operation of the IDS in that it would       function. Further, all other construction
                                               ML18078A033).                                           result in an unacceptable frequency of false          materials and components required for a
                                                                                                       alarms and would reduce the sensitivity of            fence as defined in 10 CFR 73.2 are currently
                                               III. Discussion                                                                                               in place and are maintained at the affected
                                                                                                       the detection capability to an unacceptable
                                                  Pursuant to 10 CFR 73.5, ‘‘Specific                  level.                                                FENOC facilities as stated. In addition, the
                                               exemptions,’’ the Commission may, upon                     The licensee further states in the                 level of protection offered by the requested
                                               application of any interested person or upon            supplemental response dated March 16,                 bracket configuration has been accounted for
                                               its own initiative, grant such exemptions               2018, that ‘‘other than the DBNPS locations           by the licensee as part of the facility physical
                                               from the requirements of the regulations in             near the IDS, the vertical bracket                    protection program. Finally, based on the
                                               this part as it determines are authorized by            configuration at the other locations described        above discussion, the NRC staff has
                                               law and will not endanger life or property or           in the exemption request is preferred to              concluded that the use of physical barriers as
                                               the common defense and security, and are                maintain sufficient tension in the barbed             described in the BVPS, DBNPS, and PNPP
                                               otherwise in the public interest.                       wire strands.’’ The licensee goes on to state         security plans would provide adequate
                                                  In the request dated July 19, 2017, FENOC            that the vertical bracket configuration is            protection against the design basis threat of
                                               states, in part, that brackets on the top of            preferred because greater barbed wire tension         radiological sabotage, if effectively
                                               physical barrier fencing are currently                  can be applied when using vertical brackets           implemented. Therefore, the NRC staff has
                                               oriented vertically on gates, near gates, near          as opposed to angular brackets on the end of          determined that this exemption would not
                                               interfaces with buildings, and on corners.              fence runs (which includes on top of gates,           endanger life or property.
                                               BVPS, DBNPS, and PNPP have similar                      adjacent to gates, and adjacent to buildings).        C. The Exemption Would Not Endanger
                                               configurations while DBNPS has vertical                 Angular corner arms do not provide a good             Common Defense and Security
                                               brackets on top of fences near the intrusion            tension point in the barbed wire.
                                               detection system (lDS). The FENOC                                                                                The partial exemption would allow the
                                                                                                          In the supplemental submission dated
                                               exemption request is limited to specific                                                                      licensee to apply a fence topper bracket angle
                                                                                                       March 16, 2018, in response to NRC staff RAI
                                               portions of the protected area perimeter fence                                                                of 0 degrees (or vertical) at specific locations
                                                                                                       No. 3, the licensee stated that the vertical
                                               where the licensee prefers to orient the                                                                      in lieu of the required inward or outward
                                                                                                       bracket configuration has no impact to
                                               bracket topper on the protected area fence at                                                                 angle of 30 to 45 degrees. In Section 4.0 of
                                                                                                       adversary or responder timelines in the
                                               a vertical orientation, in lieu of the inward                                                                 the submittal dated July 19, 2017, the
                                                                                                       protective strategies for the FENOC fleet.
                                               or outward, 45 to 30 degree angular                                                                           licensee states that the vertical configuration
                                                                                                       This is due to site-specific evaluations that
                                               construction standard stated in the 10 CFR                                                                    of the brackets on and near gates, near
                                                                                                       determined the limiting perimeter barrier
                                               73.2.                                                                                                         interfaces with buildings, on corners, and
                                                                                                       fence scenarios are most similar to a                 near the IDS, of the protected area fence does
                                                  In Section 4.0 of the submittal dated July           configuration illustrated in Regulatory Issue
                                               19, 2017, FENOC states that the basis for this                                                                not have an adverse impact on the site
                                                                                                       Summary 2003–06, or the use of mechanical             protective strategies and will continue to
                                               exemption is that the vertical configuration            breaching utilizing the same configuration.
                                               of the brackets on and near gates, near                                                                       protect against the design basis threat of
                                                                                                       The licensee also stated that whether or not          radiological sabotage. Because the vertical
                                               interfaces with buildings, on corners, and              the fence toppings are vertical or angled
                                               near the IDS, of the protected area fence does                                                                barbed wire will maintain the plant’s
                                                                                                       makes no difference to the protective strategy        physical security, the NRC staff finds that the
                                               not have an adverse impact on the site                  limiting timelines.
                                               protective strategies and will continue to                                                                    underlying purpose of the regulation is met.
                                               protect against the design basis threat of              A. The Exemption Is Authorized by Law                 The licensee is required to develop and
                                                                                                                                                             maintain a physical protection program that
                                               radiological sabotage. FENOC further states                This exemption would allow the                     maintains the capability to detect, assess,
                                               that because the vertical barbed wire will              application of a 0 degree (or vertical/upward)        interdict, and neutralize all threats up to and
                                               maintain the plant’s physical security, the             fence topper bracket angle at specific                including the design basis threat of
                                               underlying purpose of the regulation is met.            locations at BVPS Units 1 and 2, DBNPS, and           radiological sabotage. Therefore, the NRC
                                               The limited protected area fence sections               PNPP. As stated above, 10 CFR 73.5 allows             staff has determined that this exemption
                                               where the configuration does not meet the               the NRC to grant exemptions from the                  would not endanger common defense and
                                               current regulatory requirement is a small               requirements of 10 CFR part 73. The fence             security.
                                               portion of the entire protected area perimeter          topper bracket angle that will be applied at
                                               fence. Consultation of design drawings and              BVPS, DBNPS, and PNPP does not conform                D. Exemption Is Otherwise in the Public
                                               protected area site walk-downs estimates this           to the fence topper bracket angle of inward           Interest
                                               portion to be approximately 6 percent or less           or outward, between 30 and 45 degrees that               Based on its evaluation of licensee’s
                                               for each of the three sites. Finally, in Chapter        is explicitly defined in 10 CFR 73.2;                 request for an exemption to allow vertical
                                               6, Section 6.2, of the BVPS, DBNPS, and                 however, the NRC staff has determined that            barbed wire fence toppings in limited
                                               PNPP Physical Security Plans, the licensee              the construction standard applied at each of          protected area sections (on and near gates,
                                               states that the 45 to 30 degree angular                 the three facilities and as described in the          near interfaces with buildings, on corners,
                                               requirement for the fence topping may not be            Chapter 6, Section 6.2 of the BVPS, DBNPS,            and near the IDS) as described in the
                                               met at locations such as gates and buildings.           and PNPP Physical Security Plans does not             licensee’s submission dated March 16, 2018,
                                                  In the supplemental submission dated                 negatively impact the capability of the               the NRC staff has determined that the partial
                                               March 16, 2018, to NRC staff Request for                physical protection program at each facility          exemption would maintain the physical
                                               Additional Information (RAI) No. 2, the                 meet the requirements of 10 CFR 73.55(b).             security of the sites and would not have an
                                               licensee stated that the technical basis for the        Therefore, granting the licensee’s proposed           adverse effect on public interest. Therefore,
                                               FENOC request for exemption from this                   exemption would not result in a violation of          the NRC staff has determined that this
                                               requirement is that the vertical bracket                the Atomic Energy Act of 1954, as amended,            exemption is otherwise in the public interest.
                                               configuration is limited to locations on gates,         or the Commission’s regulations.
                                               near gates, near interfaces with buildings,             Accordingly, the granting of the partial              E. Environmental Considerations
                                               and on corners where the licensee prefers to            exemption request from the requirements of               In accordance with 10 CFR 51.31(a), the
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                                               increase the tension that can be applied to             10 CFR 73.2 is authorized by law.                     Commission has determined that the granting
                                               the three strands of barbed-wire. The licensee                                                                of this exemption will not have a significant
                                               goes on to state that ‘‘DBNPS also has vertical         B. The Exemption Will Not Endanger Life or            effect on the quality of the human
                                               brackets in two locations adjacent to the IDS           Property                                              environment as discussed in the NRC staff’s
                                               where physical separation clearance is                    The objectives of 10 CFR 73.55(e) for               Finding of No Significant Impact and
                                               required.’’ In the supplemental submission              physical barriers and the construction                associated Environmental Assessment
                                               dated May 2, 2018 (ADAMS Accession No.                  standards for fences contained in the 10 CFR          published in Federal Register on September
                                               ML18122A133), to NRC staff request for                  73.2 definition are to ensure that licensees          4, 2018 (83 FR 44914, 83 FR 44923, and 83



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                                               46198                    Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices

                                               FR 44927), the NRC staff finds that the                 guidance about administrative licensing               this document. You may access
                                               proposed exemption would not significantly              procedures and agency policies for                    publicly-available information related to
                                               affect plant safety, would not have a                   reviewing nuclear materials licensing                 this action by the following methods:
                                               significant adverse effect on the probability
                                               of an accident occurring, and would not have
                                                                                                       requests. The NRC is requesting public                   • Federal Rulemaking Website: Go to
                                               any significant radiological and non-
                                                                                                       comment on draft NUREG–1556,                          http://www.regulations.gov and search
                                               radiological impacts. Therefore, the NRC                Volume 20, ‘‘Consolidated Guidance                    for Docket ID NRC–2018–0093.
                                               concludes that the proposed action will not             About Materials Licenses: Guidance                       • NRC’s Agencywide Documents
                                               have a significant effect on the quality of the         About Administrative Licensing                        Access and Management System
                                               human environment. Accordingly, the NRC                 Procedures.’’ The document has been                   (ADAMS): You may obtain publicly-
                                               has determined not to prepare an                        updated from the original version to
                                               environmental impact statement for the
                                                                                                                                                             available documents online in the
                                                                                                       include information on updated                        ADAMS Public Documents collection at
                                               proposed action                                         regulatory requirements, safety culture,              http://www.nrc.gov/reading-rm/
                                               V. Conclusion                                           security of radioactive materials,                    adams.html. To begin the search, select
                                                  Accordingly, the Commission has                      protection of sensitive information, and              ‘‘Begin Web-based ADAMS Search.’’ For
                                               determined that pursuant to 10 CFR 73.5, the            changes in regulatory policies and                    problems with ADAMS, please contact
                                               exemption is authorized by law, will not                practices. This document is intended for              the NRC’s Public Document Room (PDR)
                                               endanger life or property, is consistent with           use by the NRC staff when reviewing                   reference staff at 1–800–397–4209, 301–
                                               the common defense and security, and is                 NRC materials licensing requests.
                                               otherwise in the public interest. Therefore,
                                                                                                                                                             415–4737, or by email to pdr.resource@
                                                                                                       DATES: Submit comments by October 15,                 nrc.gov. The draft NUREG–1556,
                                               the Commission hereby grants FENOC a
                                               partial exemption from the requirements of
                                                                                                       2018. Comments received after this date               Volume 20, Revision 1, is available in
                                               10 CFR 73.2 for a fence bracket to be angled            will be considered if it is practical to do           ADAMS under Accession Number
                                               inward or outward between 30 and 45                     so, but the NRC is only able to assure                ML18240A014.
                                               degrees, to allow the fence bracket angular             consideration of comments received on                    • NRC’s PDR: You may examine and
                                               orientation of 0 degrees (or vertical/upward)           or before this date.                                  purchase copies of public documents at
                                               at BVPS, DBNPS, and PNPP at only those                  ADDRESSES: You may submit comments
                                               locations specifically identified by the
                                                                                                                                                             the NRC’s PDR, Room O1–F21, One
                                                                                                       by any of the following methods (unless               White Flint North, 11555 Rockville
                                               licensee in the supplemental response dated
                                               March 16, 2018, to NRC staff RAI No.1,
                                                                                                       this document describes a different                   Pike, Rockville, Maryland 20852.
                                               explicitly, ‘‘site layouts with the locations           method for submitting comments on a                      The draft NUREG–1556, Volume 20,
                                               and descriptions of the protected area                  specific subject):                                    Revision 1, is also available on the
                                               physical barrier fencing sections topped with             • Federal Rulemaking Website: Go to                 NRC’s public website at http://
                                               vertically-oriented brackets containing                 http://www.regulations.gov and search                 www.nrc.gov/reading-rm/doc-
                                               barbed wire or similar material are provided            for Docket ID NRC–2018–0093. Address
                                               in Figures 1, 2, and 3 for BVPS, DBNPS, and
                                                                                                                                                             collections/nuregs/staff/sr1556/ under
                                                                                                       questions about NRC dockets to Jennifer               ‘‘Consolidated Guidance About
                                               PNPP, respectively.’’ All other construction            Borges; telephone: 301–287–9127;
                                               and design requirements apply to the                                                                          Materials Licenses (NUREG–1556).’’
                                                                                                       email: Jennifer.Borges@nrc.gov. For
                                               specified locations as stated in 10 CFR 73.2.                                                                 B. Submitting Comments
                                               Additionally, all construction and design
                                                                                                       technical questions, contact the
                                               requirements for a physical barrier as stated           individual listed in the FOR FURTHER                    Please include Docket ID NRC–2018–
                                               in 10 CFR 73.2, remain applicable to all other          INFORMATION CONTACT section of this
                                                                                                                                                             0093 in the subject line of your
                                               facility locations not specified in Figures 1,          document.                                             comment submission, in order to ensure
                                               2, and 3, for BVPS, DBNPS, and PNPP,                      • Mail comments to: May Ma,                         that the NRC is able to make your
                                               respectively as specified in the supplemental           Program Management, Announcements,
                                               response to NRC staff RAI No. 1, dated March                                                                  comment submission available to the
                                                                                                       and Editing (PMAE), Office of                         public in this docket.
                                               16, 2018.                                               Administration, Mail Stop: TWFN–7–
                                                  Dated at Rockville, Maryland, this 6th day           A60M, U.S. Nuclear Regulatory                           The NRC cautions you not to include
                                               of September, 2018.                                     Commission, Washington, DC 20555–                     identifying or contact information that
                                                  For the Nuclear Regulatory Commission.               0001.                                                 you do not want publicly disclosed in
                                               Kathryn M. Brock,                                         For additional direction on accessing               your comment submission. The NRC
                                               Acting Director, Division of Operating                  information and submitting comments,                  will post all comment submissions at
                                               Reactor Licensing, Office of Nuclear Reactor            see ‘‘Accessing Information and                       http://www.regulations.gov as well as
                                               Regulation.                                             Submitting Comments’’ in the                          enter the comment submissions into
                                               [FR Doc. 2018–19848 Filed 9–11–18; 8:45 am]             SUPPLEMENTARY INFORMATION section of
                                                                                                                                                             ADAMS, and the NRC does not
                                                                                                       this document.                                        routinely edit comment submissions to
                                               BILLING CODE 7590–01–P
                                                                                                                                                             remove identifying or contact
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             information.
                                                                                                       Anthony McMurtray, Office of Nuclear
                                               NUCLEAR REGULATORY                                      Material Safety and Safeguards; U.S.                    If you are requesting or aggregating
                                               COMMISSION                                              Nuclear Regulatory Commission,                        comments from other persons for
                                                                                                       Washington, DC 20555–0001; telephone:                 submission to the NRC, then you should
                                               [Docket No. NRC–2018–0093]                                                                                    inform those persons not to include
                                                                                                       301–415–2746; email:
                                                                                                       Anthony.McMurtray@nrc.gov.                            identifying or contact information that
                                               Guidance About Administrative
                                                                                                                                                             they do not want to be publicly
                                               Licensing Procedures                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                             disclosed in their comment submission.
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                                               AGENCY: Nuclear Regulatory                              I. Accessing Information and                          Your request should state that the NRC
                                               Commission.                                             Submitting Comments                                   does not routinely edit comment
                                               ACTION: Draft NUREG; request for                                                                              submissions to remove such information
                                                                                                       A. Accessing Information                              before making the comment
                                               comments.
                                                                                                         Please refer to Docket ID NRC–2018–                 submissions available to the public or
                                               SUMMARY:The U.S. Nuclear Regulatory                     0093 when contacting the NRC about                    entering the comment submissions into
                                               Commission (NRC) is revising its                        the availability of information regarding             ADAMS.


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Document Created: 2018-09-12 02:06:43
Document Modified: 2018-09-12 02:06:43
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 September 6, 2018.
ContactBhalchandra K. Vaidya, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3308; email: [email protected]
FR Citation83 FR 46196 

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