[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63682-63686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24855]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331; NRC-2019-0194]


NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center

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 February 28, 2019, request from NextEra 
Energy Duane Arnold, LLC. The exemption allows a certified fuel 
handler, in addition to a licensed senior operator, to suspend security 
measures in an emergency or during severe weather at the Duane Arnold 
Energy Center (DAEC) after both the ``Certification of Permanent 
Cessation of Operations'' and the ``Certification of Permanent Fuel 
Removal'' have been docketed for the facility.

DATES: The exemption was issued on November 7, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0194 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 https://www.regulations.gov and search for Docket ID NRC-2019-0194. Address 
questions about NRC docket IDs 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 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 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.

[[Page 63683]]


FOR FURTHER INFORMATION CONTACT: Mahesh Chawla, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-8371; 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 the 
ADDRESSES section of this document.

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                Document                       ADAMS  accession No.
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NextEra Energy Duane Arnold, LLC;         ML19023A196
 ``Certification of Permanent Cessation
 of Power Operations''; Dated January
 18, 2019.
NextEra Energy Duane Arnold, LLC;         ML19037A016
 ``Request for Approval of Certified
 Fuel Handler Training Program''; Dated
 January 29, 2019.
U.S. Nuclear Regulatory Commission;       ML19204A287
 ``Duane Arnold Energy Center--Approval
 of a Certified Fuel Handler Training
 and Continuing Training Program'';
 Dated August 28, 2019.
NextEra Energy Duane Arnold, LLC;         ML19059A099
 ``Request for Exemption from 10 CFR
 73.55(p)(1)(i) and (ii) Related to the
 Suspension of Security Measures in an
 Emergency or During Severe Weather'';
 Dated February 28, 2019.
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    The text of the exemption is attached.

    Dated at Rockville, Maryland, this 12th day of November, 2019.

    For the Nuclear Regulatory Commission.
Mahesh L. Chawla,
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 No. 50-331

NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center

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

I. Background

    NextEra Energy Duane Arnold, LLC (NEDA) is the holder of Renewed 
Facility Operating License No. DPR-49 for the Duane Arnold Energy 
Center (DAEC). The license provides, among other things, that the 
facility is subject to all applicable rules, regulations, and orders of 
the U.S. Nuclear Regulatory Commission (NRC, the Commission), now or 
hereafter in effect. The DAEC facility consists of a boiling-water 
reactor located in Linn County, Iowa.
    By letter dated January 18, 2019 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML19023A196), NEDA provided 
formal notification to the NRC pursuant to Title 10 of the Code of 
Federal Regulations (10 CFR) Sections 50.82(a)(1)(i) and 50.4(b)(8) of 
the intention to permanently cease power operations at the DAEC in the 
fourth quarter of 2020.
    In accordance with 10 CFR 50.82(a)(1)(i)-(ii) and 50.82(a)(2), the 
10 CFR part 50 license for the facility no longer authorizes reactor 
operation or emplacement or retention of fuel in the reactor vessel, 
after certifications of permanent cessation of operations and permanent 
removal of fuel from the reactor vessel are docketed for the DAEC. As a 
result, licensed senior operators (i.e., individuals 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. Commission approval of a fuel handler 
training program is needed to facilitate these activities.
    By letter dated January 29, 2019 (ADAMS Accession No. ML19037A016), 
NEDA submitted a request for Commission approval of the CFH Training 
and Retraining Program for the DAEC. By letter dated August 28, 2019 
(ADAMS Accession No. ML19204A287), the Commission approved the CFH 
Training and Retraining Program for the DAEC. The CFH Training and 
Retraining Program is to be used to satisfy training requirements for 
the plant personnel responsible for supervising and directing the 
monitoring, storage, handling, and cooling of irradiated fuel in a 
manner consistent with ensuring the health and safety of the public. As 
stated in 10 CFR 50.2, ``Definitions,'' CFHs are qualified in 
accordance with a Commission-approved training program.

II. Request/Action

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

    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.

    By letter dated February 28, 2019 (ADAMS Accession No. 
ML19059A099), NEDA requested an exemption from 10 CFR 73.55(p)(1)(i) 
and (ii), pursuant to 10 CFR 73.5, ``Specific exemptions.'' Consistent 
with 10 CFR 50.54(y), the proposed exemption would authorize a CFH, in 
addition to a licensed senior operator, to approve the suspension of 
security measures in an emergency or during severe weather at the DAEC.

III. Discussion

    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 actions in an emergency that depart from 
license conditions or technical specifications when those actions are 
immediately ``needed to protect the public health and safety'' and no 
actions consistent with license conditions and technical specifications

[[Page 63684]]

that can provide adequate or equivalent protection are immediately 
apparent (48 FR 13970; April 1, 1983). This departure from license 
conditions or technical specifications must be approved, as a minimum, 
by a licensed senior operator. In 1986, in its final rule, 
``Miscellaneous Amendments Concerning the Physical Protection of 
Nuclear Power Plants'' (51 FR 27817; 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 actions in an emergency situation at a permanently shutdown 
facility. 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 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) regarding the role of a 
non-licensed CFH at a permanently shutdown facility.
    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; therefore, the 
suspension of security measures in accordance with 10 CFR 73.55(p) 
continues to require approval, as a minimum, by a licensed senior 
operator, even for a permanently shutdown facility.
    Under 10 CFR 73.5, the Commission may, upon application of any 
interested person or upon its own initiative, grant exemptions from the 
requirements of 10 CFR part 73, as it determines are authorized by law, 
will not endanger life or property or the common defense and security, 
and are otherwise in the public interest. As explained below, the 
proposed exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest.

A. The Exemption Is Authorized by Law

    The proposed exemption from 10 CFR 73.55(p)(1)(i) and (ii) would 
permit, as a minimum, a CFH, in addition to a licensed senior operator, 
to approve the suspension of security measures in an emergency or 
during severe weather at the DAEC when it is permanently shutdown. 
Although the exemption is effective upon receipt, the actions permitted 
by the exemption may not be implemented at the DAEC until the 10 CFR 
part 50 license no longer authorizes operation of the reactor or 
emplacement or retention of fuel in the reactor vessel in accordance 
with 10 CFR 50.82(a)(2). The intent of the proposed exemption is to 
align these regulations with 10 CFR 50.54(y).
    Per 10 CFR 73.5, the NRC may grant specific exemptions from the 
requirements of 10 CFR part 73, as are authorized by law. Granting the 
proposed 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. The Exemption Will Not Endanger Life or Property or the Common 
Defense and Security

    Permitting, as a minimum, a CFH, in addition to a licensed senior 
operator, to approve the suspension of security measures in an 
emergency or during severe weather at the DAEC when it is permanently 
shutdown will not endanger life or property or the common defense and 
security for the reasons discussed below.
    First, 10 CFR 73.55(p)(2) will continue 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 the 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 August 28, 2019, the NRC approved the 
DAEC CFH Training and Retraining Program. The NRC staff found that, 
among other things, the program addresses the safe conduct of 
decommissioning activities, the safe handling and storage of spent 
fuel, and the appropriate response to plant emergencies. Because a CFH 
at the DAEC will be sufficiently trained and qualified under an NRC-
approved program, the NRC staff considers the CFH to have sufficient 
knowledge of operational and safety concerns, such that allowing the 
CFH to suspend security measures in emergencies or during severe 
weather will not result in undue risk to the public health and safety.
    In addition, since the exemption 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 DAEC physical security plan 
and would not adversely

[[Page 63685]]

impact the licensee's ability to physically secure the site or protect 
special nuclear material at the DAEC, and thus, would not have an 
effect on the common defense and security. The NRC staff has determined 
that the exemption would not reduce security measures currently in 
place to protect against radiological sabotage. Instead, the exemption 
would align the requirements of 10 CFR 73.55(p)(1)(i) and (ii) with the 
existing requirements of 10 CFR 50.54(y).
    For these reasons, permitting, as a minimum, a CFH, in addition to 
a licensed senior operator, to approve the suspension of security 
measures in an emergency or during severe weather at the DAEC when it 
is permanently shutdown will not endanger life or property or the 
common defense and security.

C. The Exemption Is Otherwise in the Public Interest

    The proposed exemption would allow a CFH, in addition to a licensed 
senior operator, to approve the suspension of security measures in an 
emergency when ``immediately needed to protect the public health and 
safety'' or during severe weather when ``immediately needed to protect 
the personal health and safety of security force personnel'' at the 
DAEC when it is permanently shutdown. If the exemption is not granted, 
the DAEC will be required to have a licensed senior operator available 
to approve the suspension of security measures in an emergency or 
during severe weather for a permanently shutdown plant, even though 
there would no longer be a requirement for a licensed senior operator 
after the certifications required by 10 CFR 50.82(a)(1)(i) and (ii) are 
submitted.
    This exemption is in the public interest for the following reasons. 
Without the exemption, there would be uncertainty regarding how the 
licensee will invoke the temporary suspension of security measures that 
may be needed for protecting the public health and safety or the 
personal health and safety of the security force personnel in 
emergencies or during severe weather given the differences 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 at a nuclear power reactor that has permanently ceased 
operations and permanently removed fuel from the reactor vessel. The 
exemption would also allow the licensee to have an established 
procedure in place to allow a CFH to suspend security measures in an 
emergency or during severe weather after the certifications required by 
10 CFR 50.82(a)(1)(i) and (ii) have been submitted. Finally, the 
consistent and efficient regulation of nuclear power plants serves the 
public interest and this exemption would assure consistency between the 
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 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 in an emergency to protect the 
public health and safety and during severe weather to protect the 
personal health and safety of the security force personnel at the DAEC 
when it is permanently shutdown, which 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 proposed exemption 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 NRC's approval of the 
exemption is categorically excluded from further environmental 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 I to 10 CFR 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 NRC staff has determined that granting the proposed exemption 
involves no significant hazards consideration because allowing a CFH, 
in addition to a licensed senior operator, to approve the security 
suspension at a permanently shutdown and defueled 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 proposed exemption 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 proposed 
exemption is not associated with construction, so there is no 
significant construction impact. The proposed exemption does not 
concern the source term (i.e., potential amount of radiation in an 
accident) or mitigation. Thus, there is no significant increase in the 
potential for or consequences from radiological accidents. Finally, the 
requirement regarding suspensions of security measures involves either 
safeguards, materials control, or managerial/organizational 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 the proposed exemption.

IV. Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
73.5, the proposed 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 permit, as a minimum, a CFH, in addition to 
a licensed senior operator, to approve the suspension of security 
measures in an emergency or during severe weather at the DAEC once the 
certifications required under 10 CFR 50.82(a)(1) have been submitted.

[[Page 63686]]

    The exemption is effective upon receipt.

    Dated at Rockville, Maryland, this 7th, day of November 2019.

    For the Nuclear Regulatory Commission.

    /RA/

Craig G. Erlanger, Director,

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

[FR Doc. 2019-24855 Filed 11-15-19; 8:45 am]
 BILLING CODE 7590-01-P