[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]



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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]
 BILLING CODE 7590-01-P