[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Notices]
[Pages 27634-27638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12652]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-289 and 50-320; NRC-2018-0115]


Exelon Generation Company, LLC; Three Mile Island Nuclear 
Station, Units 1 and 2; Suspension of Security Measures in an Emergency 
or During Severe Weather

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption from regulatory requirements in response to an August 1, 
2017,

[[Page 27635]]

request from Exelon Generation Company, LLC (Exelon or the licensee). 
The exemption allows a certified fuel handler (CFH), besides a licensed 
senior operator, to approve the emergency suspension of security 
measures for Three Mile Island Nuclear Station (TMI), Units 1 and 2, 
during certain emergency conditions or during severe weather. Although 
the exemption is effective upon receipt, the actions permitted by the 
exemption may not be implemented until both the ``Certification of 
Permanent Cessation of Operations'' and the ``Certification of 
Permanent Fuel Removal'' have been submitted. While Exelon submitted a 
Certification of Permanent Cessation of Operations for TMI, Unit 1, the 
Certification of Permanent Fuel Removal has not yet been submitted. 
Since the TMI, Unit 2, license had already been modified to allow 
possession but not operation before the effective date of the rule 
requiring these certifications; the certifications have been deemed 
submitted.

DATES: The exemption was issued on June 13, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0115 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0115. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 it is mentioned in this 
document. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the ``Availability of 
Documents'' section of this document.
     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: Justin C. Poole, Office of Nuclear 
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2048; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Exelon is the holder of Renewed Facility Operating License No. DPR-
50 for TMI, Unit 1. 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. Exelon maintains the security planning 
responsibilities for TMI, Unit 2, through a service agreement with Unit 
2's owner, First Energy Corporation. The TMI facility consists of 
pressurized-water reactors located in Dauphin County, Pennsylvania.
    By letter dated June 20, 2017 (ADAMS Accession No. ML17171A151), 
the licensee submitted a Certification of Permanent Cessation of 
Operations for TMI, Unit 1. In this letter, Exelon provided 
notification to the NRC of its intent to permanently cease power 
operation at TMI, Unit 1, no later than September 30, 2019.
    TMI, Unit 2, has a possession-only license. Unit 2 is currently 
maintained in accordance with the NRC-approved SAFSTOR condition known 
as post-defueling monitored storage. This is a method in which a 
nuclear facility is placed and maintained in a condition that allows it 
to be safely stored and subsequently decontaminated.
    In accordance with title 10 of the Code of Federal Regulations (10 
CFR) 50.82(a)(1)(i) through (iii), and 10 CFR 50.82(a)(2), 10 CFR part 
50 licenses for TMI will no longer authorize reactor operation, 
placement, or retention of fuel in the respective reactor vessel after 
certifications of permanent cessation of operations and permanent 
removal of fuel from the reactor vessel are docketed. It is expected 
that fuel will be permanently removed from TMI, Unit 1, by September 
30, 2019.
    By letter dated July 10, 2017 (ADAMS Accession No. ML17191A451), 
TMI requested NRC approval of its Certified Fuel Handler Training and 
Retraining Program. By letter dated December 29, 2017 (ADAMS Accession 
No. ML17228A729), the NRC approved the Certified Fuel Handler Training 
and Retraining Program for TMI.

II. Request/Action

    On August 1, 2017 (ADAMS Accession No. ML17213A097), Exelon 
requested an exemption from 10 CFR 73.55(p)(1)(i) and (ii) pursuant to 
10 CFR 73.5. The proposed exemption would authorize that the suspension 
of security measures must be approved, as a minimum, by either a 
licensed senior operator or a CFH at TMI only after the certifications 
required under 10 CFR 50.82(a)(1) have been submitted.
    The regulations in 10 CFR 73.55(p)(1)(i) and (ii) require, in part, 
that the suspension of security measures during emergencies or severe 
weather be approved by a licensed senior operator. Exelon requested an 
exemption from these rules to allow either a licensed senior operator 
or a CFH to approve the suspension of security measures during 
emergencies or severe weather.
    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 10 CFR 73.55(a), stating 
in part:

    In accordance with Section 50.54(x) and (y) of Part 50, the 
licensee may suspend any safeguards measures pursuant to Section 
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 action.

    In 1996, the NRC made a number of regulatory changes to address 
decommissioning. One of the changes was to amend 10 CFR 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. 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):


[[Page 27636]]


    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 39298; July 29, 1996), the NRC 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 changes to 10 CFR 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 10 CFR 73.55(a) to 10 CFR 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 10 CFR 73.55(p) 
continue to require approval, as a minimum, by a licensed senior 
operator, even for a site that otherwise no longer operates.

III. Discussion

    Under 10 CFR 73.5, the Commission may, upon application by any 
interested person or upon its own initiative, grant an exemption from 
the requirements of 10 CFR part 73, when the exemption is authorized by 
law, will not endanger life or property or the common defense and 
security, and is otherwise in the public interest. As explained below, 
the proposed exemption is lawful, will not endanger life or property or 
the common defense and security, and is otherwise in the public 
interest.

A. Authorized by Law

    The exemption would permit a CFH at TMI, besides a licensed senior 
operator, to approve the suspension of security measures during 
emergencies or severe weather. Although the exemption is effective upon 
receipt, the actions permitted by the exemption may not be implemented 
until both the ``Certification of Permanent Cessation of Operations'' 
and the ``Certification of Permanent Fuel Removal'' have been submitted 
in accordance with 10 CFR 50.82(a)(1). While Exelon submitted a 
Certification of Permanent Cessation of Operations for TMI, Unit 1, the 
Certification of Permanent Fuel Removal has not yet been submitted. Per 
10 CFR 50.82(a)(1)(iii), since TMI, Unit 2, had already modified its 
license to allow possession but not operation before the effective date 
of the rule, the certifications have been deemed submitted. The 
licensee intends to align these regulations with 10 CFR 50.54(y) by 
authorizing a CFH, in addition to a licensed senior operator, to 
approve the suspension of security measures during emergencies or 
severe weather.
    Per 10 CFR 73.5, the NRC is authorized to grant specific exemptions 
from the requirements of 10 CFR part 73. Issuance of this exemption is 
consistent with the Atomic Energy Act of 1954, as amended, and not 
otherwise inconsistent with NRC regulations or other applicable laws. 
Therefore, the exemption is authorized by law.

B. Will Not Endanger Life or Property or the Common Defense and 
Security

    The NRC staff determined that the requested exemption would not 
endanger life or property, or the common defense and security. The 
requested exemption would permit a CFH, besides a licensed senior 
operator, to approve suspension of security measures during emergencies 
or severe weather. The NRC staff finds that the exemption does not 
endanger life or property, or the common defense and security for the 
reasons discussed 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 of security measures for emergencies 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 exemption would not prevent the 
licensee from meeting the underlying purpose of 10 CFR 73.55(p)(1)(i), 
to protect public health and safety.
    Third, the suspension of security measures 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 in 10 CFR 73.55(p)(1)(ii) to 
receive input from the security supervisor or manager will remain. 
Therefore, the exemption would not prevent the licensee from meeting 
the underlying purpose of 10 CFR 73.55(p)(1)(ii) to protect the health 
and safety of the security force.
    Additionally, by letter dated December 29, 2017, the NRC approved 
Exelon's Certified Fuel Handler Training and Retraining Program for 
TMI. 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 a 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, since the exemption request allows a CFH the same 
authority currently given to the licensed senior operator under 10 CFR 
73.55(p)(1)(i) and (ii), no change is required to physical security. 
Since no change is required to physical security, the exemption would 
not reduce the overall effectiveness of the physical security plan and 
would not adversely impact Exelon's ability to physically secure the 
site or protect special nuclear material at TMI, and thus, would not 
have an effect on the common defense and security. The NRC staff has 
concluded that the exemption does not reduce security measures 
currently in place to protect against radiological sabotage. Therefore, 
allowing a CFH, besides a licensed senior operator, to approve the 
suspension of security measures during an emergency or severe weather, 
will not endanger life, property, or the common defense and security.

C. Otherwise in the Public Interest

    Exelon's proposed exemption would allow a CFH, besides a licensed 
senior operator, to approve suspension of security measures during an 
emergency when ``immediately needed to protect the public health and 
safety'' or severe weather when ``immediately needed to protect the 
personal health and safety of security force personnel.'' Without the 
exemption, the licensee cannot

[[Page 27637]]

implement changes to its security plan comparable to the authority 
given to the CFH under 10 CFR 50.54(y), which authorizes a CFH to 
approve the temporary suspension of security measures during an 
emergency or severe weather. If the exemption is not granted, TMI will 
be required to have a licensed senior operator available to approve 
suspension of security measures during severe weather and emergencies 
for a permanently shutdown plant, even though TMI would no longer 
require a licensed senior operator after the certifications required by 
10 CFR 50.82(a)(1)(i) and (ii) were submitted.
    This exemption is in the public interest for two reasons. First, 
without the exemption, there is uncertainty regarding how the licensee 
will invoke temporary suspension of security measures that may be 
needed for protecting public health and safety or the safety of the 
security force during emergencies and severe weather given the 
inconsistencies between the requirements in 10 CFR 73.55(p)(1)(i) and 
(ii) and 10 CFR 50.54(y). The exemption would allow the licensee to 
make decisions pursuant to 10 CFR 73.55(p)(1)(i) and (ii) without 
having to maintain a staff of licensed senior operators. 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 10 CFR 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. This role of the CFH to protect the public health and 
safety, and during severe weather to protect the safety of the security 
force, is consistent with the similar authority provided by 10 CFR 
50.54(y). Therefore, the exemption is in the public interest.

D. Environmental Consideration

    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 10 CFR 51.22(c)(25).
    Under 10 CFR 51.22(c)(25), the granting of an exemption from the 
requirements of any regulation of chapter 10 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 recordkeeping 
requirements; reporting requirements; inspection or surveillance 
requirements; equipment servicing or maintenance scheduling 
requirements; education, training, experience, qualification, 
requalification or other employment suitability requirements; safeguard 
plans, and materials control and accounting inventory scheduling 
requirements; scheduling requirements; surety, insurance or indemnity 
requirements; or other requirements of an administrative, managerial, 
or organizational nature.
    The Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation, has determined that the granting 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 is viewed as involving safeguards, materials control, 
and managerial matters.
    Therefore, pursuant to 10 CFR 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

    The NRC has determined that, pursuant to 10 CFR 73.5, this 
exemption is authorized by law, 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 TMI during emergency or severe weather, once 
the certifications required under 10 CFR 50.82(a)(1) have been 
submitted.
    The exemption is effective upon receipt.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons.

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              Title                    Date        ADAMS  accession No.
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Exelon letter to NRC,                  6/20/2017  ML17171A151
 ``Certification of Permanent
 Cessation of Power Operations
 for Three Mile Island Nuclear
 Station, Unit 1''.
Exelon letter to NRC, Three Mile       7/10/2017  ML17191A451
 Island Nuclear Station, Unit 1,
 ``Request for Approval of
 Certified Fuel Handler Training
 Program''.

[[Page 27638]]

 
Exelon letter to NRC, Three Mile       8/01/2017  ML17213A097
 Island Nuclear Station, Units 1
 and 2, ``Request for Exemption
 from Specific Provisions in 10
 CFR 73.55(p)(1)(i) and
 (p)(1)(ii) Related to the
 Suspension of Security Measures
 in an Emergency or During
 Severe Weather''.
NRC letter to Exelon, ``Three         12/29/2017  ML17228A729
 Mile Island Nuclear Station,
 Unit 1--Approval of Certified
 Fuel Handler Training and
 Retraining Program''.
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    Dated at Rockville, Maryland, this 7th day of June 2018.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2018-12652 Filed 6-12-18; 8:45 am]
 BILLING CODE 7590-01-P