[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23843-23845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10640]
[[Page 23843]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-293; NRC-2017-0076]
Entergy Nuclear Operations, Inc.; Pilgrim Nuclear Power Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a February 7, 2017, request from Entergy
Nuclear Operations, Inc. (Entergy or the licensee), from certain
regulatory requirements. The exemption would allow a certified fuel
handler (CFH), besides a licensed senior operator, to approve the
emergency suspension of security measures for Pilgrim Nuclear Power
Station (PNPS) during certain emergency conditions or during severe
weather.
DATES: The exemption was issued on May 16, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0076 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0076. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3100, email: [email protected].
I. Background
Entergy is the holder of Renewed Facility Operating License No.
DPR-35 for PNPS. 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 PNPS facility consists of a boiling-
water reactor located in Plymouth County, Massachusetts.
By letter dated November 10, 2015 (ADAMS Accession No.
ML15328A053), the licensee submitted a Notification of Permanent
Cessation of Power Operations for PNPS. In this letter, Entergy
provided notification to the NRC of its intent to permanently cease
power operations no later than June 1, 2019.
In accordance with Sec. 50.82(a)(1)(i) and (ii), and Sec.
50.82(a)(2) of title 10 of the Code of Federal Regulations (10 CFR),
the 10 CFR part 50 license for the facility will no longer authorize
reactor operation, placement, or retention of fuel in the reactor
vessel after certifications of permanent cessation of operations and of
permanent removal of fuel from the reactor vessel are docketed for
PNPS.
By letter dated April 12, 2017 (ADAMS Accession No. ML17058A325),
the NRC approved the Certified Fuel Handler Training and Retraining
Program for PNPS.
II. Request/Action
By letter dated February 7, 2017 (ADAMS Accession No. ML17045A468),
the licensee requested an exemption from Sec. 73.55(p)(1)(i) and (ii),
pursuant to Sec. 73.5, ``Specific exemptions.'' Section 73.55(p)(1)(i)
and (ii) require, in part, that the suspension of security measures
during certain emergency conditions or during severe weather be
approved by a licensed senior operator. Entergy requested an exemption
from these rules to allow either a licensed senior operator or a CFH to
approve the suspension of security measures. There is no need for an
exemption from these rules for a licensed senior operator because the
current regulation allows the licensed senior operator to approve the
suspension of security measures. The exemption request relates solely
to the licensing requirements specified in the regulations for the
staff directing suspension of security measures in accordance with
Sec. 73.55(p)(1)(i) and (ii), and would allow a CFH, besides a
licensed senior operator, to provide this approval.
The proposed exemption would authorize that the suspension of
security measures during certain emergency conditions or during severe
weather must be approved as a minimum by either a licensed senior
operator or a CFH, at a nuclear power plant reactor facility for which
the certifications required under Sec. 50.82(a)(1) have been
submitted.
III. Discussion
The NRC's security rules have long recognized the potential need to
suspend security or safeguards measures under certain conditions.
Accordingly, 10 CFR 50.54(x) and (y), first published in 1983, allow a
licensee to take reasonable steps in an emergency that deviate from
license conditions when those steps are ``needed to protect the public
health and safety'' and there are no conforming comparable measures (48
FR 13970; April 1, 1983). As originally issued, the deviation from
license conditions must be approved by, as a minimum, a licensed senior
operator. In 1986, in its final rule, ``Miscellaneous Amendments
Concerning the Physical Protection of Nuclear Power Plants'' (51 FR
27817; August 4, 1986), the Commission issued Sec. 73.55(a), which
provides that the licensee may suspend any safeguards measures pursuant
to Sec. 73.55 in an emergency when this action is immediately needed
to protect the public health and safety and no action consistent with
license conditions and technical specifications that can provide
adequate or equivalent protection is immediately apparent. The
regulation further requires that this suspension be approved as a
minimum by a senior licensed operator prior to taking action.
In 1996, the NRC made a number of regulatory changes to address
decommissioning. One of the changes was to amend Sec. 50.54(x) and (y)
to authorize a non-licensed operator called a ``Certified Fuel
Handler,'' in addition to a licensed senior operator, to approve such
protective steps in an emergency situation. Specifically, in addressing
the role of the CFH during emergencies, the Commission stated in the
proposed rule, ``Decommissioning of Nuclear Power Reactors'' (60 FR
37379; July 20, 1995):
The Commission is proposing to amend 10 CFR 50.54(y) to permit a
certified fuel handler at nuclear power reactors that have
permanently ceased operations and permanently removed fuel from the
reactor vessel, subject to the requirements of Sec. 50.82(a) and
consistent with the proposed definition of ``Certified Fuel
Handler'' specified in Sec. 50.2, to make these evaluations and
judgments. A nuclear power reactor that has permanently ceased
operations and no
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longer has fuel in the reactor vessel does not require a licensed
individual to monitor core conditions. A certified fuel handler at a
permanently shutdown and defueled nuclear power reactor undergoing
decommissioning is an individual who has the requisite knowledge and
experience to evaluate plant conditions and make these judgments.
In the final rule (61 FR 39298; July 29, 1996), the NRC added the
following definition to Sec. 50.2: ``Certified fuel handler means, for
a nuclear power reactor facility, a non-licensed operator who has
qualified in accordance with a fuel handler training program approved
by the Commission.'' However, the decommissioning rule did not propose
or make parallel changes to Sec. 73.55(a), and did not discuss the
role of a non-licensed CFH.
In the final rule, ``Power Reactor Security Requirements'' (74 FR
13926; March 27, 2009), the NRC relocated the security suspension
requirements from Sec. 73.55(a) to Sec. 73.55(p)(1)(i) and (ii). The
role of a CFH was not discussed in the rulemaking, so the suspension of
security measures in accordance with Sec. 73.55(p) continued to
require approval as a minimum by a licensed senior operator, even for a
site that otherwise no longer operates.
However, pursuant to Sec. 73.5, the Commission may, upon
application by any interested person or upon its own initiative, grant
exemptions from the requirements of 10 CFR part 73, as it determines
are authorized by law and will not endanger life or property or the
common defense and security, and are otherwise in the public interest.
A. The Exemption Is Authorized by Law
The exemption from Sec. 73.55(p)(1)(i) and (ii) would allow a CFH,
besides a licensed senior operator, to approve the suspension of
security measures, under certain emergency conditions or severe
weather. The licensee intends to align these regulations with Sec.
50.54(y) by using the authority of a CFH in place of a licensed senior
operator to approve the suspension of security measures during certain
emergency conditions or during severe weather.
Per Sec. 73.5, the Commission is allowed to grant exemptions from
the regulations in 10 CFR part 73, as authorized by law. The NRC staff
has determined that granting of the licensee's proposed exemption will
not result in a violation of the Atomic Energy Act of 1954, as amended,
or other laws. Therefore, the exemption is authorized by law.
B. Will Not Endanger Life or Property or the Common Defense and
Security
Relaxing the requirement to allow a CFH, besides a licensed senior
operator, to approve suspension of security measures during emergencies
or severe weather will not endanger life or property or the common
defense and security for the reasons described in this section.
First, Sec. 73.55(p)(2) continues to require that ``[s]uspended
security measures must be reinstated as soon as conditions permit.''
Second, the suspension for non-weather emergency conditions under
Sec. 73.55(p)(1)(i) will continue to be invoked only ``when this
action is immediately needed to protect the public health and safety
and no action consistent with license conditions and technical
specifications that can provide adequate or equivalent protection is
immediately apparent.'' Thus, the exemption would not prevent the
licensee from meeting the underlying purpose of Sec. 73.55(p)(1)(i) to
protect public health and safety even after the exemption is granted.
Third, the suspension for severe weather under Sec.
73.55(p)(1)(ii) will continue to be used only when ``the suspension of
affected security measures is immediately needed to protect the
personal health and safety of security force personnel and no other
immediately apparent action consistent with the license conditions and
technical specifications can provide adequate or equivalent
protection.'' The requirement to receive input from the security
supervisor or manager will remain. The exemption would not prevent the
licensee from meeting the underlying purpose of Sec. 73.55(p)(1)(ii)
to protect the health and safety of the security force.
Additionally, by letter dated April 12, 2017, the NRC approved
Entergy's CFH training and retraining program for the PNPS 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 allowing a CFH
to suspend security measures during emergencies or severe weather will
not result in undue risk to public health and safety.
In addition, the exemption does not reduce the overall
effectiveness of the physical security plan and has no adverse impacts
to Entergy's ability to physically secure the sites or protect special
nuclear material at PNPS, and thus would not have an effect on the
common defense and security. The NRC staff has concluded that the
exemption would not reduce security measures currently in place to
protect against radiological sabotage. Therefore, relaxing the
requirement to allow a CFH, besides a licensed senior operator, to
approve the suspension of security measures in an emergency or during
severe weather, does not adversely affect public health and safety
issues or the assurance of the common defense and security.
C. Is Otherwise in the Public Interest
Entergy's proposed exemption would relax the current requirements
by allowing a CFH, besides a licensed senior operator, to approve
suspension of security measures in an emergency when ``immediately
needed to protect the public health and safety'' or during severe
weather when ``immediately needed to protect the personal health and
safety of security force personnel.'' Without the exemption, the
licensee cannot implement changes to its security plan to authorize a
CFH to approve the temporary suspension of security regulations during
an emergency or severe weather, comparable to the authority given to
the CFH by the NRC when it published Sec. 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 PNPS would no longer require a licensed senior operator after
the certifications required by 10 CFR 50.82(a)(1)(i) and 10 CFR
50.82(a)(1)(ii) were submitted. This exemption is in the public
interest for two reasons. First, the exemption would allow the licensee
to make decisions pursuant to Sec. 73.55(p)(1)(i) and (ii) without
having to maintain a staff of licensed senior operators at a nuclear
power reactor that has permanently ceased operations and permanently
removed fuel from the reactor vessel. The exemption would also allow
the licensee to have an established procedure in place to allow a
trained CFH to suspend security measures in the event of an emergency
or severe weather. Second, the consistent and efficient regulation of
nuclear power plants serves the public interest. This exemption would
assure consistency between the security regulations in 10 CFR part 73
and Sec. 50.54(y), and the requirements concerning licensed operators
in 10 CFR part 55. The NRC staff has determined that granting the
licensee's proposed exemption would allow the licensee to designate an
alternative position, with qualifications appropriate for a permanently
shutdown
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and defueled reactor, to approve the suspension of security measures
during an emergency to protect the public health and safety, and during
severe weather to protect the safety of the security force, consistent
with the similar authority provided by Sec. 50.54(y). Therefore, the
exemption is in the public interest.
D. Environmental Considerations
The NRC's approval of the exemption to security requirements
belongs to a category of actions that the Commission, by rule or
regulation, has declared to be a categorical exclusion, after first
finding that the category of actions does not individually or
cumulatively have a significant effect on the human environment.
Specifically, the exemption is categorically excluded from further
analysis under Sec. 51.22(c)(25).
Under Sec. 51.22(c)(25), the granting of an exemption from the
requirements of any regulation of Chapter I to 10 CFR is a categorical
exclusion provided that (i) there is no significant hazards
consideration; (ii) there is no significant change in the types or
significant increase in the amounts of any effluents that may be
released offsite; (iii) there is no significant increase in individual
or cumulative public or occupational radiation exposure; (iv) there is
no significant construction impact; (v) there is no significant
increase in the potential for or consequences from radiological
accidents; and (vi) the requirements from which an exemption is sought
involve: Safeguard plans, and materials control and accounting
inventory scheduling requirements; or involve other requirements of an
administrative, managerial, or organizational nature.
The Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, has determined that approval of the
exemption request involves no significant hazards consideration because
allowing a CFH, besides a licensed senior operator, to approve the
security suspension at a defueled shutdown power plant does not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The
exempted security regulation is unrelated to any operational
restriction. Accordingly, there is no significant change in the types
or significant increase in the amounts of any effluents that may be
released offsite; and no significant increase in individual or
cumulative public or occupational radiation exposure. The exempted
regulation is not associated with construction, so there is no
significant construction impact. The exempted regulation does not
concern the source term (i.e., potential amount of radiation in an
accident), nor mitigation. Thus, there is no significant increase in
the potential for, or consequences of, a radiological accident. The
requirement to have a licensed senior operator approve departure from
security actions may be viewed as involving either safeguards,
materials control, or managerial matters.
Therefore, pursuant to Sec. 51.22(b) and (c)(25), no environmental
impact statement or environmental assessment need be prepared in
connection with the approval of this exemption request.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, the exemption is authorized by law and will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants the licensee's
request for an exemption from the requirements of 10 CFR 73.55(p)(1)(i)
and (ii), to authorize that the suspension of security measures must be
approved as a minimum by either a licensed senior operator or a
certified fuel handler, at a nuclear power plant reactor facility for
which the certifications required under 10 CFR 50.82(a)(1) have been
submitted. The exemption is effective upon receipt.
Dated at Rockville, Maryland, this 16th day of May 2017.
For the Nuclear Regulatory Commission.
Eric J. Benner,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2017-10640 Filed 5-23-17; 8:45 am]
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