[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42320-42322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17988]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-271 and 72-59; NRC-2018-0179]


Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power 
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
exemption in response to a May 24, 2018, request from Entergy Nuclear 
Operations, Inc., for an exemption of up to 3 months from certain 
security training schedule requirements for the Vermont Yankee Nuclear 
Power Station.

DATES: The exemption was issued on July 31, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0179 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-2018-0179. 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
     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.
     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: Jack D. Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6634, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated at Rockville, Maryland, this 16th day of August 2018.

    For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.

Attachment--Exemption

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.; VERMONT 
YANKEE NUCLEAR POWER STATION

DOCKET NOS. 50-271 AND 72-59

EXEMPTION

1.0 BACKGROUND
    Entergy Nuclear Operations, Inc. (ENO or the licensee) is the 
holder of Facility Operating License No. DPR-28 for the Vermont Yankee 
Nuclear Power Station (VY) in Windham County, Vermont. The license 
provides, among other things, that the facility is subject to all 
rules, regulations, and orders of the Nuclear Regulatory Commission 
(NRC or the Commission) now or hereafter in effect. The facility now 
consists of a permanently shut down and decommissioning boiling water 
reactor and associated Independent Spent Fuel Storage Installation 
(ISFSI).
    The licensee is in the process of transferring the remaining spent 
fuel from the spent fuel pool into dry storage canisters that are then 
placed in concrete overpacks and stored on the ISFSI pad. Concurrently, 
the licensee received, by letter dated July 25, 2018 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML18165A423), NRC approval of a license amendment for implementation of 
a revised Physical Security Plan (PSP) to meet the security 
requirements of an ISFSI-only configuration for spent fuel storage at 
the site. The effective date of the ISFSI-only PSP approval is the date 
on which the licensee notifies the NRC in writing that all of the spent 
nuclear fuel assemblies have been transferred out of the spent fuel 
pool and have been placed in dry storage within the ISFSI. 
Implementation of the ISFSI-only PSP shall be within 90 days of the 
effective date of the approval of the amendment.
2.0 REQUEST/ACTION
    By letter dated May 24, 2018, and pursuant to 10 CFR 73.5, 
``Specific Exemptions,'' ENO requested an exemption from certain 
schedule

[[Page 42321]]

requirements of 10 CFR part 73, Appendix B, Section VI.A.7, which 
covers training and qualification plans for personnel performing 
security program duties at nuclear power reactors (ADAMS Accession No. 
ML18150A337). Attachment 2 to the request letter contains security-
related information and, accordingly, is not available to the public.

10 CFR part 73, Appendix B, Section VI.A.7, states--

Annual requirements must be scheduled at a nominal twelve (12) month 
periodicity. Annual requirements may be completed up to three (3) 
months before or three (3) months after the scheduled date. However, 
the next annual training must be scheduled twelve (12) months from the 
previously scheduled date rather than the date the training was 
actually completed.

    The scheduled dates for the completion of specified 2018 annual 
training for certain weapons training and security exercises at VY were 
May 9, 2018, and June 6, 2018. Consequently, the deadlines for 
completing these activities (taking into account the 3-month allowance 
provided in 10 CFR part 73, Appendix B, Section VI.A.7) are August 7, 
2018, and September 4, 2018.
    This exemption was requested to allow the completion date for 
specified annual training for certain weapons training and security 
exercises to be no later than November 7, 2018, which would be a 3-
month extension from the current due date based on the regulation 
referenced above. The express purpose of the request is to move the 
completion due date for the specified annual training past the expected 
implementation date of the NRC-approved revision of the current PSP to 
an ISFSI-only PSP. Implementation of the ISFSI-only PSP will be 
performed after the remaining spent fuel is loaded and placed on the 
ISFSI pad. Because specific security annual training is not required 
for sites with an ISFSI-only configuration for spent nuclear fuel, this 
exemption would allow the licensee to delay completion of the training 
until such time as it is no longer required.
    The required implementation date for the ISFSI-only PSP is within 
90 days from the date that the licensee notifies the NRC in writing 
that all spent nuclear fuel assemblies have been transferred out of the 
spent fuel pool and have been placed in dry storage within the ISFSI. 
The expected completion date for the transfer to dry fuel storage is 
August 2018. As described in spent fuel cask registration letters dated 
May 31, 2018 (ADAMS Accession No. ML18156A132) and June 12, 2018 (ADAMS 
Accession No. ML18172A127), the licensee has loaded four MPC-68M multi-
purpose canisters between May 5, 2018, and June 5, 2018, and those 
canisters in turn have been loaded into HI-STORM 100S Version B 
overpacks and placed on the ISFSI pad. Therefore, the current loading 
campaign is capable of loading and placing on the ISFSI pad 
approximately one canister per week. As of June 12, 2018, there were 9 
canisters left to be loaded and placed on the ISFSI pad. Therefore, the 
completion of loading spent fuel into canisters and placing them on the 
ISFSI pad is considered achievable by the end of August 2018. With this 
exemption, the licensee will not be in violation of the training 
schedule requirements of 10 CFR part 73, Appendix B, Section VI.A.7, 
provided that, prior to November 7, 2018, the licensee either 
implements the ISFSI-only PSP, or completes the noted specific security 
training.
3.0 DISCUSSION OF EXEMPTION FROM 10 CFR PART 73, APPENDIX B, SECTION 
VI.A.7 TRAINING SCHEDULE REQUIREMENTS
    The NRC approval of this exemption would allow an extension until 
November 7, 2018, for certain annual training required by 10 CFR part 
73, Appendix B, Section VI.A.7 (i.e., weapons training and security 
exercises that are specifically referenced in Attachment 2 to the 
licensee's exemption request (security-related information)). Pursuant 
to 10 CFR 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 when the exemptions are authorized by 
law, and will not endanger life or property or the common defense and 
security, and are otherwise in the public interest.

Authorized by Law

    As explained in this SER, the proposed exemption will not endanger 
life or property, nor the common defense and security, and is otherwise 
in the public interest. Issuance of this exemption is consistent with 
the Atomic Energy Act of 1954, as amended, and not otherwise 
inconsistent with the NRC's regulations or other applicable laws. 
Therefore, issuance of the exemption is authorized by law.

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

    Granting of the proposed exemption will allow the completion dates 
of the specified annual training and qualification activities to be 
extended beyond the scheduled completion dates specified in 10 CFR part 
73, Appendix B Section VI.A.7. The exemption does not affect the 
requirements for other periodic, specifically quarterly and trimester, 
security training activities that will continue and will provide 
training opportunities which ensure the proficiency of the training 
staff during the limited time affected by the schedule change. The 
proposed exemption would not significantly reduce the measures 
currently in place to protect against radiological sabotage, theft or 
diversion, or significantly reduce the overall effectiveness of the 
PSP, Training and Qualification Plan, or Safeguards Contingency Plan. 
Therefore, granting the exemption will not endanger life or property or 
the common defense and security.

Is Otherwise in the Public Interest

    Completing the annual training by the dates required by 10 CFR part 
73, Appendix B, Section VI.A.7 would divert site personnel from the 
role of providing support and oversight of the ongoing dry fuel storage 
loading campaign with little benefit considering the short amount of 
time that the remaining spent fuel would be in the spent fuel pool 
after the current due date for the training. Allowing the ongoing cask 
loading campaign to continue without interruptions imposed by the 
annual training would support safety and efficiency for those 
activities and more expeditious completion of the transfer of 
irradiated fuel out of the spent fuel pool. Granting an exemption from 
the annual training would also avoid diverting site resources from 
providing support for ongoing efforts to complete construction, 
testing, training, and implementation of the features associated with 
the ISFSI-only PSP.
    The proposed exemption would allow annual training to be 
rescheduled beyond the current schedule date for completing the 
transfer of irradiated fuel from the spent fuel pool to dry storage. 
The exemption would not reduce overall protection of the facility and 
stored irradiated fuel, but would maintain the current level of safety 
and security, and would avoid diverting site personnel attention from 
completing the transfer of spent fuel to dry storage. Therefore, the 
proposed exemption is in the public interest.
4.0 ENVIRONMENTAL CONSIDERATIONS
    Under 10 CFR 51.22(c)(25), granting of an exemption from the 
requirements of any regulation of Chapter I falls within a categorical 
exclusion to the environmental review requirements of

[[Page 42322]]

Part 51, 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 
are among those identified in 10 CFR 51.22(c)(25)(vi).
    The Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, has determined that approval of the exemption request 
involves no significant hazards consideration because allowing the 
licensee to have an exemption of up to 3 months from certain schedule 
requirements of 10 CFR part 73, Appendix B, ``General Criteria for 
Security Personnel,'' for VY 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 exemption from certain 
schedule requirements of 10 CFR part 73, Appendix B, Section VI.A.7 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 from radiological accidents. The 
requirements from which the exemption is sought fall within categories 
identified in 10 CFR 51.22(c)(25)(vi), specifically scheduling 
requirements, as well as education, weapons training, training 
exercises, qualification, requalification or other employment 
suitability requirements.
    Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the approval of this exemption request.
5.0 CONCLUSION FOR 10 CFR PART 73, APPENDIX B, SECTION VI.A.7 SCHEDULE 
EXEMPTION REQUEST
    The NRC staff has reviewed the licensee's submittals and concludes 
that the licensee has justified its request for an extension of certain 
10 CFR part 73, Appendix B, Section VI.A.7 security training schedules 
to November 7, 2018.
    Accordingly, the NRC has determined that pursuant to 10 CFR 73.5, 
``Specific exemptions,'' an exemption from certain 10 CFR part 73, 
Appendix B, Section VI.A.7 security training schedule requirements is 
authorized by law and will not endanger life or property or the common 
defense and security, and is otherwise in the public interest. The NRC 
hereby grants the requested exemption.
    The NRC staff has determined that efficiencies will be gained if 
the NRC-approved ISFSI-only PSP is implemented within 90 days of the 
completion of removal of spent fuel from the VY spent fuel pool. The 
NRC has concluded that approving the licensee's exemption request is in 
the best interest of protecting the public health and safety through 
the efficiencies gained by not having to perform the currently 
scheduled annual security training shortly before the removal of spent 
fuel from the spent fuel pool and placement in the ISFSI, which would 
make the scheduled training moot.
    This exemption expires on November 7, 2018. By that time, the 
licensee is required to have implemented its ISFSI-only PSP, or be in 
full compliance with the security training schedule requirements of 10 
CFR part 73, Appendix B, Section VI.A.7.
    Pursuant to 10 CFR 51.22(c)(25), NRC has determined that granting 
of an exemption from the requirements of 10 CFR part 73, Appendix B, 
Section VI.A.7 falls within a categorical exclusion to the 
environmental review requirements of Part 51.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 31st day of July 2018.

    For The Nuclear Regulatory Commission

Andrea Kock,

Acting Director, Division of Decommissioning, Uranium Recovery and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2018-17988 Filed 8-20-18; 8:45 am]
 BILLING CODE 7590-01-P