[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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