[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
------------------------------------------------------------------------
Title Date ADAMS accession No.
------------------------------------------------------------------------
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''.
------------------------------------------------------------------------
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