[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]
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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.
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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]
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