[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Notices]
[Pages 45846-45849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18631]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-305 and 72-64; NRC-2014-0185]
Exemptions; Issuance: Dominion Energy Kewaunee, Inc.
AGENCY: Nuclear Regulatory Commission.
[[Page 45847]]
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 4, 2013, request from Dominion Energy
Kewaunee, Inc. (DEK, the licensee), from certain regulatory
requirements. The exemption would remove the requirement that a
licensed senior operator approve the emergency suspension of security
measures for Kewaunee Power Station (KPS) during certain emergency
conditions or during severe weather.
ADDRESSES: Please refer to Docket ID NRC-2014-0185 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0185. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: William Huffman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2046, email: [email protected].
I. Background
Dominion Energy Kewaunee, Inc. (DEK) is the holder of Renewed
Facility License No. DPR-43. The license provides, among other things,
that the facility is subject to all rules, regulations, and orders of
the NRC now or hereafter in effect.
The facility consists of a permanently shutdown and defueled
pressurized water reactor and a general licensed independent spent fuel
storage installation located in Kewaunee County, Wisconsin.
By letter dated February 25, 2013 (ADAMS Accession No.
ML13058A065), DEK submitted to the NRC the certification in accordance
with Section 50.82(a)(1)(i) of Title 10 of the Code of Federal
Regulations (10 CFR) indicating it would permanently cease power
operations at KPS on May 7, 2013. On May 7, 2013, DEK permanently
ceased power operation at KPS. By letter dated May 14, 2013 (ADAMS
Accession No. ML13135A209), DEK submitted to the NRC the certification
per 10 CFR 50.82(a)(1)(ii) that the reactor vessel at KPS was
permanently defueled.
II. Request/Action
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the licensee has,
by letter dated June 4, 2013 (ADAMS Accession No. ML13161A168),
requested an exemption from 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii),
which otherwise require in part that a licensed senior operator
approves the suspension of security measures during certain emergency
conditions or during severe weather. Portions of the letter dated June
4, 2013, contain sensitive unclassified non-safeguards information
(security-related) and, accordingly, have been withheld from public
disclosure. The regulations in 10 CFR 73.55(p)(1)(i) and
73.55(p)(1)(ii), respectively, specify that the suspension of security
measures must be approved by, as a minimum, a licensed senior operator,
or a licensed senior operator with input from the security supervisor
or manager.
The exemption request relates solely to the licensing requirements
specified in the regulations for the staff directing suspension of
security measures in accordance with 10 CFR 73.55(p)(1)(i) and
73.55(p)(1)(ii). Section 73.55(p)(1)(i) of 10 CFR requires that
``suspension of security measures must be approved as a minimum by a
licensed senior operator before taking this action''; 10 CFR
73.55(p)(1)(ii) requires that ``suspension of security measures must be
approved, as a minimum, by a licensed senior operator, with input from
the security supervisor or manager, before taking this action.''
This exemption would remove the requirement for a licensed senior
operator to provide the approval. Instead, the licensee intends the
suspension of security measures to be authorized by a certified fuel
handler (CFH), as defined in 10 CFR 50.2.
III. Discussion
Historically, the Commission's security rules have long recognized
the potential to suspend security or safeguards measures. In 1986, in
its Final Rule, ``Miscellaneous Amendments Concerning the Physical
Protection of Nuclear Power Plants,'' 51 FR 27,817 (Aug. 4, 1986), the
Commission promulgated 10 CFR 73.55(a), stating in part:
In accordance with Sec. 50.54(x) and (y) of Part 50, the
licensee may suspend any safeguards measures pursuant to Sec. 73.55
in an emergency when this action is immediately needed to protect
the public health and safety and no action consistent with license
conditions and technical specification that can provide adequate or
equivalent protection is immediately apparent. This suspension must
be approved as a minimum by a licensed senior operator prior to
taking the action.
Later, in Proposed Rule, ``Decommissioning of Nuclear Power
Plants,'' 60 FR 37,374, (July 20, 1995), the Commission made a number
of proposed rule changes to address decommissioning. Among the changes
were new regulations that affected Sec. 50.54(x) and (y) by allowing a
non-licensed operator called a ``Certified Fuel Handler,'' in addition
to a licensed senior operator, to authorize protective steps.
Specifically, when proposing the rule addressing the role of the CFH
during emergencies, the Commission stated:
The Commission is proposing to amend 10 CFR 50.54(y) to permit a
certified fuel handler at nuclear power reactors that have
permanently ceased operations and permanently removed fuel from the
reactor vessel, subject to the requirements of Sec. 50.82(a) and
consistent with the proposed definition of ``Certified Fuel
Handler'' specified in Sec. 50.2, to make these evaluations and
judgments. A nuclear power reactor that has permanently ceased
operations and no longer has fuel in the reactor vessel does not
require a licensed individual to monitor core conditions. A
certified fuel handler at a permanently shutdown and defueled
nuclear power reactor undergoing decommissioning is an individual
who has the requisite knowledge and experience to evaluate plant
conditions and make these judgments.
In the final rule, 61 FR 39,278 (July 29, 1996), the Commission
added the following definition to 10 CFR 50.2: ``Certified fuel handler
means, for a nuclear power reactor facility, a non-licensed operator
who has qualified in accordance with a fuel handler training program
approved by the Commission.'' However, the Decommissioning Rule did not
propose or make parallel
[[Page 45848]]
changes to 10 CFR 73.55(a), and did not discuss the role of a non-
licensed certified fuel handler.
In the Final Rule, ``Power Reactor Security Requirements,'' 74 FR
13,926 (March 27, 2009), the NRC relocated and split the security
suspension requirements from 10 CFR 73.55(a) to 10 CFR 73.55(p)(1)(i)
and (p)(1)(ii). CFHs were not discussed in the rulemaking, so the
requirements of 10 CFR 73.55(p) to use a licensed senior operator
remains, even for a site that otherwise no longer has an operating
reactor.
However, 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 this 10 CFR Part 73 as it
determines are authorized by law and will not endanger life or property
or the common defense and security, and are otherwise in the public
interest.
A. Authorized by Law
The exemption from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii)
would remove the requirement that a licensed senior operator approve
the suspension of security measures, under certain emergency conditions
or severe weather. The licensee intends to align these regulations with
10 CFR 50.54(y) by using the authority of a non-licensed CFH in place
of a licensed senior operator to approve the suspension of security
measures during certain emergency conditions or during severe weather.
Per 10 CFR 73.5, the Commission's regulations allow the Commission
to grant exemptions from the regulations in 10 CFR Part 73 as the
Commission determines are authorized by law. The NRC staff has
determined that granting of the licensee's proposed exemption will not
result in a violation of the Atomic Energy Act of 1954, as amended, or
other laws. Therefore, the exemption is authorized by law.
B. Will Not Endanger Life or Property or the Common Defense and
Security
Removing the requirement to have a licensed senior operator approve
suspension of security measures during emergencies or severe weather
will not endanger life or property or the common defense and security
for the reasons described below.
First, 10 CFR 73.55(p)(2) continues to require that ``[s]uspended
security measures must be reinstated as soon as conditions permit.''
Second, the suspension for non-weather emergency conditions under
10 CFR 73.55(p)(1)(i) will continue to be invoked only ``when this
action is immediately needed to protect the public health and safety
and no action consistent with license conditions and technical
specifications that can provide adequate or equivalent protection is
immediately apparent.'' Thus, the underlying purpose of 10 CFR
73.55(p)(1)(i) will still be to protect public health and safety even
after the exemption is granted.
Third, the suspension for severe weather under 10 CFR
73.55(p)(1)(ii) will continue to be used only when ``the suspension of
affected security measures is immediately needed to protect the
personal health and safety of security force personnel and no other
immediately apparent action consistent with the license conditions and
technical specifications can provide adequate or equivalent
protection.'' The requirement to receive input from the security
supervisor or manager will remain. The underlying purpose of 10 CFR
73.55(p)(1)(ii) will continue to be to protect the health and safety of
the security force.
Additionally, by letter dated May 12, 2014, the NRC staff approved
DEK's CFH training and retraining program for the KPS facility. The NRC
staff found that, among other things, the program addresses the safe
conduct of decommissioning activities, safe handling and storage of
spent fuel, and the appropriate response to plant emergencies. Because
the CFH is sufficiently trained and qualified under an NRC-approved
program, the NRC staff considers a CFH to have sufficient knowledge of
operational and safety concerns such that there will be no adverse
effects or undue risk to the public health and safety as a result of
the suspension of security measures during the emergencies or severe
weather.
In addition, the exemption does not reduce the overall
effectiveness of the physical security plan and has no adverse impact
on DEK's ability to physically secure the site or protect special
nuclear material at KPS, and thus would not have an effect on the
common defense and security. The NRC staff has concluded that the
exemption would not reduce security measures currently in place to
protect against radiological sabotage. Therefore, removing the
requirement for a licensed senior operator to approve the suspension of
security measures in an emergency or during severe weather so that
suspension of security measures can be authorized by CFH does not
adversely affect public health and safety issues or the assurance of
the common defense and security.
C. Is Otherwise in the Public Interest
DEK's proposed exemption would remove the requirement that a
licensed senior operator approve suspension of security measures in an
emergency when ``immediately needed to protect the public health and
safety'' or during severe weather when ``immediately needed to protect
the personal health and safety of security force personnel.'' Without
the exemption, the licensee cannot implement changes to its security
plan to authorize a CFH to approve temporary suspension of security
regulations during an emergency or severe weather comparable to the
authority given to the CFH by the Commission when it promulgated 10 CFR
50.54(y). Instead, the regulations would continue to require that a
licensed senior operator be available to make decisions for a
permanently shutdown plant, even though KPS no longer requires a
licensed senior operator. It is unclear how the licensee would
implement emergency or severe weather suspensions of security measures
without a licensed senior operator. This exemption is in the public
interest for two reasons. First, without the exemption, there is
uncertainty about how the licensee will invoke temporary suspension of
security matters that may be needed for protecting public health and
safety or the safety of the security forces during emergencies and
severe weather. Additionally, the consistent and efficient regulation
of nuclear power plants serves the public interest by assuring
consistency between the security regulations in 10 CFR Part 73 and the
operating reactor regulations in 10 CFR Part 50, and the requirements
concerning licensed operators in 10 CFR Part 55. Accordingly, the NRC
staff concludes that exempting requirements to obtain approval from a
licensed senior operator, who is not otherwise required for a
permanently shutdown and defueled reactor, before taking steps to
protect the public health and safety, or to protect the safety of the
security force, is in the public interest.
D. Environmental Considerations
NRC approval of the exemption to security requirements belongs to a
category of actions that the Commission, by rule or regulation, has
declared to be a categorical exclusion, after first finding that the
category of actions does not individually or cumulatively have a
significant effect on the human environment. Specifically the exemption
is categorically excluded from further analysis under 10 CFR
51.22(c)(25).
[[Page 45849]]
Under 10 CFR 51.22(c)(25), granting of an exemption from the
requirements of any regulation of Chapter I to 10 CFR is a categorical
exclusion provided that (i) there is no significant hazards
consideration; (ii) there is no significant change in the types or
significant increase in the amounts of any effluents that may be
released offsite; (iii) there is no significant increase in individual
or cumulative public or occupational radiation exposure; (iv) there is
no significant construction impact; (v) there is no significant
increase in the potential for or consequences from radiological
accidents; and (vi) the requirements from which an exemption is sought
involve: Safeguard plans, and materials control and accounting
inventory scheduling requirements; or involve other requirements of an
administrative, managerial, or organizational nature.
The Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, has determined that approval of the
exemption request involves no significant hazards consideration because
removing the requirement to have a licensed senior operator approve the
security suspension at a defueled shutdown power plant does not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The
exempted security regulation is unrelated to any operational
restriction. Accordingly, there is no significant change in the types
or significant increase in the amounts of any effluents that may be
released offsite; and no significant increase in individual or
cumulative public or occupational radiation exposure. The exempted
regulation is not associated with construction, so there is no
significant construction impact. The exempted regulation does not
concern the source term (i.e., potential amount of radiation in an
accident), nor mitigation. Thus, there is no significant increase in
the potential for, or consequences of, a radiological accident. The
requirement to have a licensed senior operator approve departure from
security actions may be viewed as involving either safeguards,
materials control, or managerial matters.
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.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, the exemption is authorized by law and will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants DEK exemption
from the requirements of 10 CFR 73.55(p)(1)(i) and 10 CFR
73.55(p)(1)(ii), which otherwise would require suspension of security
measures during emergencies and severe weather, respectively, to be
approved by a licensed senior operator. The exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 25th day of July 2014.
For the Nuclear Regulatory Commission.
A. Louise Lund,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2014-18631 Filed 8-5-14; 8:45 am]
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