[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48451-48454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18601]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. STN 50-454 and STN 50-455; NRC-2021-0156]
Exelon Generation Company, LLC, Byron Station, Unit Nos. 1 and 2
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 28, 2020, request from Exelon
Generation Company, LLC. The exemption allows either a licensed senior
operator or a certified fuel handler to approve the emergency
suspension of security measures for Byron Station, Unit Nos. 1 and 2
during certain emergency conditions or during severe weather 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 August 23, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0156 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-2021-0156. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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]. The ADAMS accession number for each document
referenced (if it is available in ADAMS) is provided the first time
that it is mentioned in this document.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel S. Wiebe, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-6606; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: August 25, 2021.
For the Nuclear Regulatory Commission.
Joel S. Wiebe,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment: Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. STN 50-454 and STN 50-455
Exelon Generation Company, LLC; Byron Station, Unit Nos. 1 and 2
Exemption Related to the Approval Authority for Suspension of Security
Measures in an Emergency or During Severe Weather
I. Background
Exelon Generation Company, LLC (Exelon) is the holder of Renewed
Facility Operating License Nos. NPF-37 and NPF-66 for the Byron
Station, Unit Nos. 1 and 2 (Byron). The licenses provide, 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 Byron facility
consists of two pressurized-water reactors located in Ogle County,
Illinois.
By letter dated September 2, 2020 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20246G613), Exelon 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 Byron on or
before September 30, 2021.
In accordance with 10 CFR 50.82(a)(1)(i)-(ii) and 50.82(a)(2), the
10 CFR part 50 licenses for the facility will no longer authorize
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
Byron. 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 September 24, 2020 (ADAMS Accession No.
ML20269A233), Exelon submitted a request for Commission approval of the
CFH Training and Retraining Program for Byron. By letter dated August
17, 2021 (ADAMS Accession No. ML21076A371), the Commission approved the
CFH Training and Retraining Program for Byron. 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.
[[Page 48452]]
(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 September 28, 2020 (ADAMS Accession No.
ML20272A212), Exelon 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 Byron.
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
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: ``Certified 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 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 Byron when it is permanently shutdown.
Although the exemption is effective upon receipt, the actions permitted
by the proposed exemption may not be implemented at Byron until the 10
CFR part 50 licenses no longer authorize operation of the reactors or
emplacement or retention of fuel in the reactor vessels 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) by using the authority of
either a licensed senior operator or a CFH to approve the suspension of
security measures during an emergency or during severe weather.
Per 10 CFR 73.5, the NRC is authorized to grant specific exemptions
from the regulations in 10 CFR part 73, as are authorized by law. The
NRC staff has determined that 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 Byron 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 non-weather
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
[[Page 48453]]
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 17, 2021, the NRC approved the
Byron 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 Byron 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 an emergency 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 Byron physical security
plan and would not adversely impact the licensee's ability to
physically secure the site or protect special nuclear material at
Byron, 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, granting the exemption from the requirements in
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 Byron
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 Byron
when it is permanently shutdown. If the exemption is not granted, Byron
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 an NRC requirement for Exelon to maintain a licensed
senior operator at Byron after the certifications required by 10 CFR
50.82(a)(1)(i) and (ii) are submitted.
This proposed exemption is in the public interest for the following
reasons. Without the exemption, there would be uncertainty regarding
how the licensee would 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 either a licensed senior operator or 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. The actions
permitted by this exemption may be implemented at Byron when both the
certification of permanent cessation of operations and the
certification of permanent fuel removal are submitted in accordance
with 10 CFR 50.82(a)(1)(i) and (ii), 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 the exemption is sought
involve, among others: safeguard plans, and materials control and
accounting inventory scheduling requirements or other requirements of
an administrative, managerial, or organizational nature. The basis for
the NRC's determination is provided in the following evaluation of the
requirements in 10 CFR 51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i)
To qualify for a categorical exclusion under 10 CFR
51.22(c)(25)(i), the exemption must involve a no significant hazards
consideration. The criteria for making a no significant hazards
consideration determination are found in 10 CFR 50.92(c). 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
[[Page 48454]]
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. Therefore, the requirements of 10 CFR
51.22(c)(25)(i) are met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
The proposed exemption would not change radioactive effluents or
emissions that affect radiation exposures to plant workers and members
of the public. 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. Therefore, the
requirements of 10 CFR 51.22(c)(25)(ii) and (iii) are met.
Requirements in 10 CFR 51.22(c)(25)(iv)
The proposed exemption is not associated with construction or major
renovations of any buildings or structures. Therefore, the requirements
of 10 CFR 51.22(c)(25)(iv) are met because there is no significant
construction impact.
Requirements in 10 CFR 51.22(c)(25)(v)
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. Therefore, the requirements of 10 CFR
51.22(c)(25)(v) are met.
Requirements in 10 CFR 51.22(c)(25)(vi)
The proposed exemption is from the requirement to have a licensed
senior operator approve suspensions of security measures in an
emergency or during severe weather. Therefore, the requirement from
which the exemption is sought involves safeguard plans, materials
control, and managerial and organizational matters and, thus, the
requirements of 10 CFR 51.22(c)(25)(vi) are met.
Determination Regarding 10 CFR 51.22(c)(25) Requirements
Based on the above, the NRC staff determines that the proposed
exemption meets the eligibility criteria for a categorical exclusion
set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR
51.22(b), 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 allow either a licensed senior operator or a
CFH to approve the suspension of security measures in an emergency or
during severe weather at Byron once the certifications required under
10 CFR 50.82(a)(1) have been submitted.
The exemption is effective upon receipt.
Dated: August 23, 2021.
For the Nuclear Regulatory Commission.
Caroline L. Carusone,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2021-18601 Filed 8-27-21; 8:45 am]
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