[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46196-46198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19848]
[[Page 46196]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-346, 50-440, 50-334 and 50-412; NRC-2018-0187, NRC-
2018-0192, and NRC-2018-0193]
FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy
Nuclear Generation, LLC, Beaver Valley Power Station, Units 1 and 2,
Davis-Besse Nuclear Power Station, Unit No. 1, Perry Nuclear Power
Plant, Unit No. 1
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 July 19, 2017 request from FirstEnergy
Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation,
LLC (collectively, the licensee), as supplemented by letters dated
March 16, 2018, and May 2, 2018. The exemption is from the NRC
definition for a physical barrier regarding the construction standards
for the fence bracket angle. The exemption allows the licensee to apply
a fence topper bracket angle of zero degrees (or vertical) at specific
locations on the protected area fence at each facility, in lieu of the
30 to 45 degree fence bracket angle required by Commission regulations.
All other construction standards contained in the Commission
regulations for a physical barrier fence topper remain applicable.
DATES: The exemption was issued on September 6, 2018.
ADDRESSES: Please refer to Docket IDs. NRC-2018-0187, NRC-2018-0192,
and NRC-2018-0193 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-2018-0187, NRC-2018-
0192, and NRC-2018-0193. Address questions about dockets in
Regulations.gov 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]. 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: Bhalchandra K. Vaidya, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3308; email:
[email protected].
SUPPLEMENTARY INFORMATION: The NRC is making the documents identified
below available to interested persons through one or more of the
following methods, as indicated. To access documents related to this
action, see ADDRESSES section of this document.
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Document ADAMS Accession No.
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FirstEnergy Nuclear Operating Company-- ML17200D139
Exemption Request for a Physical
Barrier Requirement. Dated July 19,
2017.
FirstEnergy Nuclear Operating Company-- ML18078A033
Response to Request For Additional
Information Regarding Exemption Request
for a Physical Barrier Requirement.
Dated March 16, 2018.
FirstEnergy Nuclear Operating Company-- ML18122A133
Response to Request For Additional
Information Regarding Exemption Request
for a Physical Barrier Requirement.
Dated May 2, 2018.
U.S. Nuclear Regulatory Commission-- ML18130A760,
FENOC FLEET--Beaver Valley Power ML18130A849,
Station, Unit Nos. 1 and 2; ML18130A820
Davis[dash]Besse Nuclear Power Station,
Unit No. 1; and Perry Nuclear Power
Plant, Unit No. 1--Environmental
Assessment and Finding of No
Significant Impact Related to Exemption
Request for a Physical Barrier
Requirement.
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The text of the exemption is attached.
Dated at Rockville, Maryland, this 7th day of September 2018.
For the Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-334, 50-412, 50-346, 50-440
FirstEnergy Nuclear Operating Company (FENOC)
Exemption
I. Background
FirstEnergy Nuclear Operating Company (FENOC) and FirstEnergy
Nuclear Generation, LLC (collectively, the licensee), are the
holders of the following operating licenses: (1) Renewed Facility
Operating License No. DPR-66, and No. NPF-73, at Beaver Valley Power
Station, Units 1 and 2 (BVPS), issued on November 5, 2009; (2)
Renewed Facility Operating License No. NPF-3 at Davis-Besse Nuclear
Power Station (DBNPS), Unit No. 1, issued on December 8, 2015; and
(3) Facility Operating License No. NPF-58 at Perry Nuclear Power
Plant (PNPP), Unit No. 1, issued on November 13, 1986. The licenses
provide, among other things, that the facilities are subject to all
rules, regulations, and orders of the NRC now or hereafter in
effect.
II. Request/Action
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' by letter
dated July 19, 2017 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML17200D139), FENOC requested a
specific partial exemption from one physical barrier construction
standard described in 10 CFR 73.2, ``Definitions'' for fences. The
Commission requirement for a protected area physical barrier is
stated in 10 CFR 73.55(e)(8)(i) which requires, in part, that: ``The
protected area perimeter must be protected by physical barriers that
are designed and constructed to . . . '' to limit access, etc. The
construction standards for a physical barrier are defined in 10 CFR
73.2.
The regulation in 10 CFR 73.2 requires, in part, that fences
must be constructed of No. 11 American wire gauge, or heavier wire
fabric, topped by three strands or more of barbed wire or similar
material on brackets angled inward or outward between 30 and 45
degrees from the vertical. Currently, some of the barbed wire
bracketing on top of the protected area physical barrier fencing
does not meet this design criteria specified in 10 CFR, Section
73.2.
The requested partial exemption would allow the licensees to
configure the bracket topper supporting three strands of barbed-wire
or similar material at the vertical orientation (or 0 degrees) only
at specific
[[Page 46197]]
locations along the protected area perimeter fence at each facility,
as specified in the licensees' supplemental letter dated March 16,
2018 (ADAMS Accession No. ML18078A033).
III. Discussion
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission
may, upon application of any interested person or upon its own
initiative, grant such exemptions from the requirements of the
regulations in this part 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.
In the request dated July 19, 2017, FENOC states, in part, that
brackets on the top of physical barrier fencing are currently
oriented vertically on gates, near gates, near interfaces with
buildings, and on corners. BVPS, DBNPS, and PNPP have similar
configurations while DBNPS has vertical brackets on top of fences
near the intrusion detection system (lDS). The FENOC exemption
request is limited to specific portions of the protected area
perimeter fence where the licensee prefers to orient the bracket
topper on the protected area fence at a vertical orientation, in
lieu of the inward or outward, 45 to 30 degree angular construction
standard stated in the 10 CFR 73.2.
In Section 4.0 of the submittal dated July 19, 2017, FENOC
states that the basis for this exemption is that the vertical
configuration of the brackets on and near gates, near interfaces
with buildings, on corners, and near the IDS, of the protected area
fence does not have an adverse impact on the site protective
strategies and will continue to protect against the design basis
threat of radiological sabotage. FENOC further states that because
the vertical barbed wire will maintain the plant's physical
security, the underlying purpose of the regulation is met. The
limited protected area fence sections where the configuration does
not meet the current regulatory requirement is a small portion of
the entire protected area perimeter fence. Consultation of design
drawings and protected area site walk-downs estimates this portion
to be approximately 6 percent or less for each of the three sites.
Finally, in Chapter 6, Section 6.2, of the BVPS, DBNPS, and PNPP
Physical Security Plans, the licensee states that the 45 to 30
degree angular requirement for the fence topping may not be met at
locations such as gates and buildings.
In the supplemental submission dated March 16, 2018, to NRC
staff Request for Additional Information (RAI) No. 2, the licensee
stated that the technical basis for the FENOC request for exemption
from this requirement is that the vertical bracket configuration is
limited to locations on gates, near gates, near interfaces with
buildings, and on corners where the licensee prefers to increase the
tension that can be applied to the three strands of barbed-wire. The
licensee goes on to state that ``DBNPS also has vertical brackets in
two locations adjacent to the IDS where physical separation
clearance is required.'' In the supplemental submission dated May 2,
2018 (ADAMS Accession No. ML18122A133), to NRC staff request for
Follow-up RAI No. 1, the licensee stated that the outward angular
fence bracket requirement would interfere with the effective
operation of the IDS in that it would result in an unacceptable
frequency of false alarms and would reduce the sensitivity of the
detection capability to an unacceptable level.
The licensee further states in the supplemental response dated
March 16, 2018, that ``other than the DBNPS locations near the IDS,
the vertical bracket configuration at the other locations described
in the exemption request is preferred to maintain sufficient tension
in the barbed wire strands.'' The licensee goes on to state that the
vertical bracket configuration is preferred because greater barbed
wire tension can be applied when using vertical brackets as opposed
to angular brackets on the end of fence runs (which includes on top
of gates, adjacent to gates, and adjacent to buildings). Angular
corner arms do not provide a good tension point in the barbed wire.
In the supplemental submission dated March 16, 2018, in response
to NRC staff RAI No. 3, the licensee stated that the vertical
bracket configuration has no impact to adversary or responder
timelines in the protective strategies for the FENOC fleet. This is
due to site-specific evaluations that determined the limiting
perimeter barrier fence scenarios are most similar to a
configuration illustrated in Regulatory Issue Summary 2003-06, or
the use of mechanical breaching utilizing the same configuration.
The licensee also stated that whether or not the fence toppings are
vertical or angled makes no difference to the protective strategy
limiting timelines.
A. The Exemption Is Authorized by Law
This exemption would allow the application of a 0 degree (or
vertical/upward) fence topper bracket angle at specific locations at
BVPS Units 1 and 2, DBNPS, and PNPP. As stated above, 10 CFR 73.5
allows the NRC to grant exemptions from the requirements of 10 CFR
part 73. The fence topper bracket angle that will be applied at
BVPS, DBNPS, and PNPP does not conform to the fence topper bracket
angle of inward or outward, between 30 and 45 degrees that is
explicitly defined in 10 CFR 73.2; however, the NRC staff has
determined that the construction standard applied at each of the
three facilities and as described in the Chapter 6, Section 6.2 of
the BVPS, DBNPS, and PNPP Physical Security Plans does not
negatively impact the capability of the physical protection program
at each facility meet the requirements of 10 CFR 73.55(b).
Therefore, granting the licensee's proposed exemption would not
result in a violation of the Atomic Energy Act of 1954, as amended,
or the Commission's regulations. Accordingly, the granting of the
partial exemption request from the requirements of 10 CFR 73.2 is
authorized by law.
B. The Exemption Will Not Endanger Life or Property
The objectives of 10 CFR 73.55(e) for physical barriers and the
construction standards for fences contained in the 10 CFR 73.2
definition are to ensure that licensees provide physical barriers
that are adequately designed and constructed to perform their
intended physical protection program function. Further, all other
construction materials and components required for a fence as
defined in 10 CFR 73.2 are currently in place and are maintained at
the affected FENOC facilities as stated. In addition, the level of
protection offered by the requested bracket configuration has been
accounted for by the licensee as part of the facility physical
protection program. Finally, based on the above discussion, the NRC
staff has concluded that the use of physical barriers as described
in the BVPS, DBNPS, and PNPP security plans would provide adequate
protection against the design basis threat of radiological sabotage,
if effectively implemented. Therefore, the NRC staff has determined
that this exemption would not endanger life or property.
C. The Exemption Would Not Endanger Common Defense and Security
The partial exemption would allow the licensee to apply a fence
topper bracket angle of 0 degrees (or vertical) at specific
locations in lieu of the required inward or outward angle of 30 to
45 degrees. In Section 4.0 of the submittal dated July 19, 2017, the
licensee states that the vertical configuration of the brackets on
and near gates, near interfaces with buildings, on corners, and near
the IDS, of the protected area fence does not have an adverse impact
on the site protective strategies and will continue to protect
against the design basis threat of radiological sabotage. Because
the vertical barbed wire will maintain the plant's physical
security, the NRC staff finds that the underlying purpose of the
regulation is met. The licensee is required to develop and maintain
a physical protection program that maintains the capability to
detect, assess, interdict, and neutralize all threats up to and
including the design basis threat of radiological sabotage.
Therefore, the NRC staff has determined that this exemption would
not endanger common defense and security.
D. Exemption Is Otherwise in the Public Interest
Based on its evaluation of licensee's request for an exemption
to allow vertical barbed wire fence toppings in limited protected
area sections (on and near gates, near interfaces with buildings, on
corners, and near the IDS) as described in the licensee's submission
dated March 16, 2018, the NRC staff has determined that the partial
exemption would maintain the physical security of the sites and
would not have an adverse effect on public interest. Therefore, the
NRC staff has determined that this exemption is otherwise in the
public interest.
E. Environmental Considerations
In accordance with 10 CFR 51.31(a), the Commission has
determined that the granting of this exemption will not have a
significant effect on the quality of the human environment as
discussed in the NRC staff's Finding of No Significant Impact and
associated Environmental Assessment published in Federal Register on
September 4, 2018 (83 FR 44914, 83 FR 44923, and 83
[[Page 46198]]
FR 44927), the NRC staff finds that the proposed exemption would not
significantly affect plant safety, would not have a significant
adverse effect on the probability of an accident occurring, and
would not have any significant radiological and non-radiological
impacts. Therefore, the NRC concludes that the proposed action will
not have a significant effect on the quality of the human
environment. Accordingly, the NRC has determined not to prepare an
environmental impact statement for the proposed action
V. Conclusion
Accordingly, the Commission has determined that pursuant to 10
CFR 73.5, the exemption is authorized by law, will not endanger life
or property, is consistent with the common defense and security, and
is otherwise in the public interest. Therefore, the Commission
hereby grants FENOC a partial exemption from the requirements of 10
CFR 73.2 for a fence bracket to be angled inward or outward between
30 and 45 degrees, to allow the fence bracket angular orientation of
0 degrees (or vertical/upward) at BVPS, DBNPS, and PNPP at only
those locations specifically identified by the licensee in the
supplemental response dated March 16, 2018, to NRC staff RAI No.1,
explicitly, ``site layouts with the locations and descriptions of
the protected area physical barrier fencing sections topped with
vertically-oriented brackets containing barbed wire or similar
material are provided in Figures 1, 2, and 3 for BVPS, DBNPS, and
PNPP, respectively.'' All other construction and design requirements
apply to the specified locations as stated in 10 CFR 73.2.
Additionally, all construction and design requirements for a
physical barrier as stated in 10 CFR 73.2, remain applicable to all
other facility locations not specified in Figures 1, 2, and 3, for
BVPS, DBNPS, and PNPP, respectively as specified in the supplemental
response to NRC staff RAI No. 1, dated March 16, 2018.
Dated at Rockville, Maryland, this 6th day of September, 2018.
For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2018-19848 Filed 9-11-18; 8:45 am]
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