[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26906-26909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12065]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-346, 50-440, 50-334, and 50-412; NRC-2019-0094]


FirstEnergy Nuclear Operating Company, FirstEnergy Nuclear 
Generation, LLC, Beaver Valley Power Station, Unit Nos. 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 September 11, 2018, request from FirstEnergy 
Nuclear Operating Company (FENOC) and FirstEnergy Nuclear Generation, 
LLC. The exemption allows a certified fuel handler, besides a licensed 
senior operator, to approve the emergency suspension of security 
measures for Beaver Valley Power Station, Units 1 and 2; Davis-Besse 
Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit 
No. 1 during certain emergency conditions or during severe weather. 
Although the exemption is effective upon receipt, the actions permitted 
by the exemption for the facilities may not be implemented until both 
the ``Certification of Permanent Cessation of Operations'' and the 
``Certification of Permanent Fuel Removal'' have been submitted for 
that facility.

DATES: The exemption was issued on June 4, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0094 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-2019-0094. Address 
questions about NRC dockets IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; e-mail: [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 Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, contact the NRC's Public Document 
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-
mail 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; e-mail: 
[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,          ML18115A007
 ``Certification of Permanent Cessation of
 Power Operations for Beaver Valley Power
 Station, Unit Nos. 1 and 2, Davis-Besse
 Nuclear Power Station, Unit No. 1, and Perry
 Nuclear Power Plant, Unit No. 1,'' Dated
 April 25, 2018.
FirstEnergy Nuclear Operating Company,          ML18227A019
 ``Request for Approval of Certified Fuel
 Handler Training Program,'' Dated August 15,
 2018.
FirstEnergy Nuclear Operating Company,          ML19028A030
 ``Approval of Certified Fuel Handler Training
 Program,'' Dated April 11, 2019.
FirstEnergy Nuclear Operating Company, ``FENOC  ML18254A290
 FLEET-Beaver Valley Power Station, Unit Nos.
 1 and 2; Davis[dash]Besse Nuclear Power
 Station, Unit No. 1; and Perry Nuclear Power
 Plant, Unit No. 1--Request for Exemption
 Related to the Suspension of Security
 Measures in an Emergency or During Severe
 Weather,'' Dated September 11, 2018.
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[[Page 26907]]

    The text of the exemption is attached.

    Dated at Rockville, Maryland, on June 4, 2019.

    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 Related to the Approval Authority for Suspension 
of Security Measures in an Emergency or During Severe Weather

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-334, 50-412, 50-346, and 50-440

FirstEnergy Nuclear Operating Company

Beaver Valley Power Station, Unit Nos. 1 and 2

Davis-Besse Nuclear Power Station, Unit No. 1

Perry Nuclear Power Plant, Unit No. 1

Exemption Related to the Approval Authority for Suspension of Security 
Measures in an Emergency or During Severe Weather

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 Nos. DPR-66 and NPF-73, at Beaver Valley Power Station, Unit 
Nos. 1 and 2 (Beaver Valley), issued on November 5, 2009; (2) Renewed 
Facility Operating License No. NPF-3 at Davis-Besse Nuclear Power 
Station (Davis-Besse), Unit No. 1, issued on December 8, 2015; and (3) 
Facility Operating License No. NPF-58 at Perry Nuclear Power Plant 
(Perry), 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 U.S. Nuclear Regulatory Commission 
(NRC), now or hereafter in effect.
    By letter dated April 25, 2018 (Agencywide Document Access and 
Management System (ADAMS) Accession No. ML18115A007), FENOC submitted 
formal notification to the NRC pursuant to paragraph 50.82(a)(1)(i) to 
Title 10 of the Code of Federal Regulations (10 CFR) and 10 CFR 
50.4(b)(8) of the intention to permanently cease power operations at 
the Davis-Besse, Unit No. 1, by May 31, 2020; the Perry, Unit No. 1, 
and the Beaver Valley, Unit No. 1, by May 31, 2021; and the Beaver 
Valley, Unit No. 2, by October 31, 2021.
    Pursuant to 10 CFR 50.82(a)(2), upon docketing of the 
certifications for permanent cessation of operations and of permanent 
removal of fuel from the reactor vessel, the 10 CFR 50 license no 
longer authorize reactor operation or emplacement or retention of fuel 
in the reactor vessel. As a result, licensed senior operators (i.e., 
individual licensed under 10 CFR part 55 to manipulate the controls of 
a facility and to direct the licensed activities of licensed operators) 
will no longer be required to support plant operating activities. 
Instead, certified fuel handlers (CFHs) (i.e., non-licensed operators 
who have qualified in accordance with a fuel handler training program 
approved by the Commission) will perform activities associated with 
decommissioning, irradiated fuel handling, and management. Approval of 
a fuel handler training program is needed to facilitate these 
activities.
    By letter dated August 15, 2018 (ADAMS Accession No. ML18227A019), 
FENOC submitted a request for NRC approval of the CFH Training and 
Retraining Program for these units. By letter dated April 11, 2019 
(ADAMS Accession No. ML19028A030), the NRC approved the CFH Training 
and Retraining Program for the above mentioned FENOC facilities.

II. Request/Action.

    The Commission's regulation at 10 CFR 73.55(p)(1) addresses the 
suspension of security measures in an emergency (73.55(p)(1)(i)) and 
during severe weather (73.55(p)(1)(ii)) saying:

    The licensee may suspend implementation of affected requirements of 
this section under the following conditions:
    (i) In accordance with Sec. Sec.  50.54(x) and 50.54(y) of this 
chapter, the licensee may suspend any security measures under this 
section 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 specifications that can provide 
adequate or equivalent protection is immediately apparent. This 
suspension of security measures must be approved as a minimum by a 
licensed senior operator before taking this action.
    (ii) During severe weather 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. This 
suspension of security measures must be approved, as a minimum, by a 
licensed senior operator, with input from the security supervisor or 
manager, before taking this action.

    On September 11, 2018 (ADAMS Accession No. ML18254A290), FENOC 
requested an exemption from the portions of 10 CFR 73.55(p)(1)(i) and 
(ii) that require the suspension of security measures to be approved as 
a minimum by a licensed senior operator. The proposed exemption would 
allow the licensee to use a CFH to approve the suspension of security 
measures.
    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 
27821; August 4, 1986), the Commission issued 10 CFR 73.55(a), stating 
in part:

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

    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

[[Page 26908]]

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, ``[c]ertified 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 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 at a facility until the 10 CFR part 50 
license no longer authorizes operation of the reactor or emplacement or 
retention of fuel into the reactor vessel in accordance with 10 CFR 
50.82(a)(2). 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 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 April 11, 2019, the NRC approved 
FENOC's CFH Training and Retraining Program for the aforementioned 
FENOC facilities. 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[dash]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 the licensee's ability to physically secure 
the site or protect special nuclear material at Davis-Besse, Unit No. 
1; Perry, Unit No. 1; and Beaver Valley, Unit Nos. 1 and 2, 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.

    FENOC'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.'' If the 
exemption is not granted, Davis-Besse, Perry, and Beaver Valley, 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 there would no longer be 
a requirement for a licensed senior operator after the certifications 
required

[[Page 26909]]

by 10 CFR 50.82(a)(1)(i) and (ii) are 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 personnel during emergencies and severe weather given 
the differences as explained in ``Request/Action'' above, 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 personnel, 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. Conclusion

    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 CFH 
at applicalbe FENOC facilities 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.

    Dated at Rockville, Maryland, this 4\th\ day of June 2019.

    For the Nuclear Regulatory Commission.

/RA/

Craig G. Erlanger,

Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2019-12065 Filed 6-7-19; 8:45 am]
 BILLING CODE 7590-01-P