[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48278-48280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22372]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2017-0207]
Entergy Nuclear Operations, Inc.; Palisades Nuclear Plant
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 June 29, 2017, request from Entergy Nuclear
Operations, Inc. (Entergy or the licensee) from certain regulatory
requirements. The exemption would allow, as a minimum, a certified fuel
handler (CFH), in addition to a licensed senior operator, to approve
the suspension of security measures for Palisades Nuclear Plant
(Palisades) during certain emergency conditions or during severe
weather after the certifications of permanent cessation of operations
and permanent removal of fuel from the reactor vessel are docketed.
DATES: The exemption was issued on October 11, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0207 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-2017-0207. 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: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Entergy is the holder of Renewed Facility Operating License No.
DPR-20 for Palisades. The license provides, among other things, that
the facility is subject to all applicable rules, regulations, and
orders of the NRC now or hereafter in effect. The Palisades facility
consists of a pressurized-water reactor located in Van Buren County,
Michigan.
By letter dated January 4, 2017 (ADAMS Accession No. ML17004A062),
the licensee submitted a Notification of Permanent Cessation of Power
Operations for Palisades. In this letter, Entergy provided notification
to the NRC of its intent to permanently cease power operations at
Palisades no later than October 1, 2018.
In accordance with Sec. Sec. 50.82(a)(1)(i) and (ii), and
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 or emplacement or retention of fuel in the reactor
vessel after certifications of permanent cessation of operations and
permanent removal of fuel from the reactor vessel are docketed for
Palisades.
By letter dated August 21, 2017 (ADAMS Accession No. ML17151A350),
the NRC approved the CFH Training and Retraining Program for Palisades.
II. Request/Action
By letter dated June 29, 2017 (ADAMS Accession No. ML17180A004),
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) requires, in part, that the suspension of security measures
during certain emergency conditions or during severe weather be
approved as a minimum by a licensed senior operator before taking this
action. Entergy requested an exemption from these rules to allow as a
minimum either a licensed senior operator or a CFH to approve the
suspension of security measures at Palisades after the certifications
required by Sec. 50.82(a)(1)(i) and (ii) have been submitted. There is
no need for an exemption from these rules for a licensed senior
operator to approve the suspension of security measures because the
current regulation allows this. However, the exemption is needed to
also allow, as a minimum, a CFH to provide this approval after the
certifications required by Sec. 50.82(a)(1)(i) and (ii) 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, Sec. 50.54(x) and (y), first published in 1983, allow a
licensee to take reasonable actions in an emergency that depart from
license conditions or technical specifications when those actions are
immediately ``needed to protect the public health and safety,'' and no
actions consistent with license conditions and technical specifications
that can provide adequate or equivalent protection are immediately
apparent (48 FR 13970; April 1, 1983). This departure from license
conditions or technical specifications must be approved, as a minimum,
by 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 provided, in part, that, in accordance
with Sec. 50.54(x) and (y), 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 licensed senior operator prior to taking the
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 actions in an emergency situation. In addressing the role of
the CFH during emergencies in Sec. 50.54(y),
[[Page 48279]]
the Commission stated in the proposed rule, ``Decommissioning of
Nuclear Power Reactors'' (60 FR 37374; July 20, 1995) that it was
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. The Commission stated that 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. The Commission noted that 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
``certified fuel handler'' to the definitions in Sec. 50.2 and defined
it to mean, 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 this rulemaking; therefore, 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 facility that had permanently ceased operations
and permanently defueled.
However, pursuant to Sec. 73.5, the Commission may, upon
application of any interested person or upon its own initiative, grant
exemptions from the requirements of 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 requested exemption from Sec. 73.55(p)(1)(i) and (ii) would
allow, as a minimum, a CFH, in addition to a licensed senior operator,
to approve the suspension of security measures for Palisades during
certain emergency conditions or during severe weather after the
certifications required by Sec. 50.82(a)(1)(i) and (ii) have been
submitted. The licensee's intent with the requested exemption is to
align the requirements of Sec. 73.55(p)(1)(i) and (ii) with the
requirements of Sec. 50.54(y).
Per Sec. 73.5, the Commission may grant exemptions from the
regulations in part 73, as are authorized by law. The NRC staff has
determined that granting 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, in addition to a licensed
senior operator, to approve the suspension of security measures for
Palisades during certain emergency conditions or during severe weather
after the certifications required by Sec. 50.82(a)(1)(i) and (ii) have
been submitted 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) will continue 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 the public health and safety.
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. Thus, 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 August 21, 2017, the NRC approved
Entergy's CFH Training and Retraining Program for Palisades. The NRC
staff found that, among other things, the program addresses the safe
conduct of decommissioning activities, the safe handling and storage of
spent fuel, and the appropriate response to plant emergencies. Because
a CFH at Palisades will be sufficiently trained and qualified under an
NRC-approved program, the NRC staff considers the CFH to have
sufficient knowledge of operational and safety concerns, such that
allowing the CFH to suspend security measures during emergencies or
severe weather will not result in undue risk to the public health and
safety.
Finally, the exemption does not reduce the overall effectiveness of
the Palisades physical security plan and has no adverse impacts to
Entergy's ability to physically secure the site or protect special
nuclear material at Palisades, and thus would not have an effect on the
common defense and security. The NRC staff has determined that the
exemption would not reduce security measures currently in place to
protect against radiological sabotage. Instead, the exemption would
align the requirements of Sec. 73.55(p)(1)(i) and (ii) with the
existing requirements of Sec. 50.54(y).
For these reasons, the NRC staff concludes that relaxing the
requirement to allow a CFH, in addition to a licensed senior operator,
to approve the suspension of security measures for Palisades in an
emergency or during severe weather after the certifications required by
Sec. 50.82(a)(1)(i) and (ii) have been submitted will not endanger
life or property or the common defense and security.
C. The Exemption Is Otherwise in the Public Interest
Entergy's proposed exemption would relax the current requirements
by allowing a CFH, in addition to a licensed senior operator, to
approve the suspension of security measures for Palisades 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'' after the
certifications required by Sec. 50.82(a)(1)(i) and (ii) have been
submitted. Without the exemption, the licensee cannot implement changes
to its security plan to authorize a CFH to approve the temporary
suspension of security measures during an emergency or severe weather,
comparable to the authority given to the CFH by the NRC when it
promulgated Sec. 50.54(y). Instead, the regulations would continue to
[[Page 48280]]
require that, as a minimum, a licensed senior operator be available to
make these decisions even though, after the docketing of the
certifications required by Sec. 50.82(a)(1)(i) and (ii) and as a
permanently shutdown and defueled plant, Palisades would no longer
otherwise require licensed senior operators.
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 after
the certifications required by Sec. 50.82(a)(1)(i) and (ii) have been
submitted. Second, the consistent and efficient regulation of nuclear
power plants serves the public interest. This exemption would assure
consistency between the regulations in Sec. 73.55(p) 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 a CFH, with
qualifications appropriate for a permanently shutdown 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 personal health and safety of the security
force, consistent with the similar authority provided by Sec. 50.54(y)
after the certifications required by Sec. 50.82(a)(1)(i) and (ii) have
been submitted. For these reasons, the exemption is in the public
interest.
D. Environmental Considerations
The NRC's approval of the requested exemption 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 NRC's approval of the
requested exemption is categorically excluded from further
environmental 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 NRC staff has determined that the approval of the requested
exemption involves no significant hazards consideration because
allowing a CFH, in addition to a licensed senior operator, to approve
the security suspension at a permanently shutdown and defueled 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 requested exemption 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 requested
exemption is not associated with construction, so there is no
significant construction impact. The requested exemption does not
concern the source term (i.e., potential amount of radiation in an
accident), nor mitigation. Thus, there is no significant increase in
the potential for, or consequences from, radiological accidents.
Finally, the requirement to have a licensed senior operator approve
suspensions of security measures from which the exemption is sought
involves either safeguards, materials control, or managerial/
organizational 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 Sec.
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 Sec. 73.55(p)(1)(i)
and (ii), to authorize, after the certifications required by Sec.
50.82(a)(1)(i) and (ii) have been submitted, that the suspension of
security measures for Palisades during certain emergency conditions or
during severe weather must be approved as a minimum by either a
licensed senior operator or a CFH before taking this action.
The exemption is effective upon receipt.
Dated at Rockville, Maryland, on October 11, 2017.
For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2017-22372 Filed 10-16-17; 8:45 am]
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