[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]
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