[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102167-102170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29695]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-188; NRC-2024-0190]
Kansas State University; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a request dated March 7, 2024, as supplemented
by letters dated June 11, October 4, and November 20, 2024, from Kansas
State University (KSU). The exemption temporarily exempts three
licensed senior reactor operators at KSU from the NRC's requirements
regarding completing the facility's requalification program and
actively performing the functions of a senior operator in order to
allow them to resume maintenance activities involving fuel movement,
fuel cleaning, and fuel inspection and to return the facility to normal
operations.
DATES: The exemption was issued on December 5, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0190 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-2024-0190. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individuals 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, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The exemption request dated March
7, 2024, and the supplemental letters dated June 11, and October 4, and
November 20, 2024, are available in ADAMS under Accession Nos.
ML24085A808, ML24164A092, ML24281A032, and ML24326A142, respectively.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andrew Miller, telephone: 301-415-
3398; email: [email protected] and Duane Hardesty, telephone: 301-
415-3724; email: [email protected]. Both are staff of the Office
of Nuclear Reactor Regulation at the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: December 12, 2024.
Duane A. Hardesty,
Senior Project Manager, Non-Power Production and Utilization Facility
Licensing Branch, Division of Advanced Reactors and Non-Power
Production and Utilization Facilities, Office of Nuclear Reactor
Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 50-188
Kansas State University Nuclear Reactor Facility; Exemption
I. Background
Kansas State University (KSU) holds the U.S. Nuclear Regulatory
Commission (NRC, the Commission) Renewed Facility Operating License No.
R-88 for the Kansas State University Nuclear Reactor Facility (the
facility), which is a Training, Research, Isotopes, General Atomics
(TRIGA) research reactor located on the KSU campus in Manhattan,
Kansas. Under this license, KSU is authorized to operate the facility
at steady-state power levels up to a maximum of 1,250 kilowatts
(thermal) and in the pulse mode with reactivity insertions not to
exceed specified limits. The license is subject to the rules,
regulations, and orders of the NRC.
II. Request/Action
By letter dated March 7, 2024 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML24085A808), as supplemented
by letters dated June 11 (ML24164A092), October 4 (ML24281A032), and
November 20 (ML24326A142), 2024, KSU requested a temporary exemption
from Title 10 of the Code of Federal Regulations (10 CFR) 55.53,
``Conditions of licenses,'' paragraphs (e), (f), and (h) and 10 CFR
55.59, ``Requalification,'' paragraph (a) for three licensed senior
reactor operators (Docket Nos. 055-71404, 055-70720, and 055-70722) at
the facility in order to allow them to resume maintenance activities
involving fuel movement, fuel cleaning, and fuel inspection and to
return the facility to normal operations.
The regulations at 10 CFR 55.53(e) state:
If a licensee has not been actively performing the functions of
an operator or senior operator, the licensee may not resume
activities authorized by a license issued under [10 CFR part 55]
except as permitted by paragraph (f) of this section. To maintain
active status. . . [f]or test and research reactors, the licensee
shall actively perform the functions of an operator or senior
operator for a minimum of four hours per calendar quarter.
The regulations at 10 CFR 55.53(f) state:
If paragraph (e) of this section is not met, before resumption
of functions authorized by a license issued under [10 CFR part 55],
an authorized representative of the facility licensee shall certify
the following:
(1) That the qualifications and status of the licensee are
current and valid; and
(2) That the licensee has completed a minimum of 40 hours of
shift functions under the direction of an operator or senior
operator as appropriate and in the position to which the individual
will be assigned. The 40 hours must have included a complete tour of
the plant and all required shift turnover procedures. . . . For test
and research reactors, a minimum of six hours must have been
completed.
[[Page 102168]]
The regulations at 10 CFR 55.53(h) state:
The licensee shall complete a requalification program as
described by [10 CFR] 55.59.
And the regulations at 10 CFR 55.59(a) state:
Each licensee shall--
(1) Successfully complete a requalification program developed by
the facility licensee that has been approved by the Commission. This
program shall be conducted for a continuous period not to exceed 24
months in duration.
(2) Pass a comprehensive requalification written examination and
an annual operating test.
(i) The written examination will sample the items specified in
[10 CFR] 55.41 and 55.43 . . ., to the extent applicable to the
facility, the licensee, and any limitation of the license under [10
CFR] 55.53(c). . . .
(ii) The operating test will require the operator or senior
operator to demonstrate an understanding of and the ability to
perform the actions necessary to accomplish a comprehensive sample
of items specified in [10 CFR] 55.45(a) (2) through (13) inclusive
to the extent applicable to the facility.
(iii) In lieu of the Commission accepting a certification by the
facility licensee that the licensee has passed written examinations
and operating tests administered by the facility licensee within its
Commission-approved program developed by using a systems approach to
training under paragraph (c) of this section, the Commission may
administer a comprehensive requalification written examination and
an annual operating test.
According to KSU, the facility has been under an extended shutdown
to address a fuel issue identified during routine fuel inspection. As a
result of the extended shutdown, three senior operators at the facility
are unable to meet a portion of the facility's operator requalification
program (the KSU Requalification Plan) related to reactor operations.
Additionally, these senior operators have not been actively performing
the functions of a senior operator for a minimum of four hours per
calendar quarter. Therefore, KSU is requesting to temporarily exempt
these senior operators from the NRC's requalification requirements at
10 CFR 55.53(h) and 10 CFR 55.59(a) and the NRC's active performance
requirements at 10 CFR 55.53(e) and (f) so that they may resume fuel
maintenance activities and return the facility to normal operations.
The KSU staff will continue to use the KSU Requalification Plan for
requalification requirements that can be completed at the facility and
those that cannot be completed at the facility will be accomplished
through alternative training or training at the University of Texas at
Austin Research Reactor (UTARR). The October 4, 2024, supplement to the
exemption request discusses this additional training, including control
manipulations at the UTARR and simulations at the facility, lectures,
biweekly performance of ``Procedure No. 12--Instrument Checkout,'' and
monthly review of operations daily checkout logbooks. The requested
duration of the exemption is the sooner of 120 days after the issuance
of the exemption or 30 days following the cancellation of the
administrative restriction on operations related to the fuel issue.
After this time, the senior operators would again be subject to the
regulations related to the NRC's requalification and active performance
requirements.
As explained below, with the proposed additional training, the
requested exemption is authorized by law, will not endanger life or
property, and is otherwise in the public interest. Therefore, the NRC
grants the requested exemption with respect to the three senior
operators named in the exemption request and, pursuant to 10 CFR
55.59(b), requires those senior operators to complete the additional
training discussed in the exemption request and to submit evidence to
the NRC of the successful completion of that training before returning
the facility to normal operations.
III. Discussion
Pursuant to 10 CFR 55.11, ``Specific exemptions,'' the Commission
may, upon application by an interested person, or upon its own
initiative, grant such exemptions from the requirements of the
regulations in 10 CFR part 55 as it determines (1) are authorized by
law, (2) will not endanger life or property, and (3) are otherwise in
the public interest.
A. The Exemption Is Authorized by Law
The exemption would allow three senior operators at the facility
who do not satisfy the requalification requirements of 10 CFR 55.53(h)
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR
55.53(e) and (f) to continue to perform the functions of a senior
operator to support the resumption of fuel maintenance activities and
the return of the facility to normal operations. As stated above, 10
CFR 55.11 allows the Commission to grant exemptions from the
requirements of 10 CFR part 55, including 10 CFR 55.53(e), (f), and (h)
and 10 CFR 55.59(a), when the exemptions are authorized by law.
Exemptions are authorized by law where they are not expressly
prohibited by statute or regulation. A proposed exemption is implicitly
authorized by law if it will not endanger life or property and is
otherwise in the public interest and no other provisions in law
prohibit, or otherwise restrict, its application. The NRC staff has
determined, as explained next, that no provisions in law expressly
prohibit or otherwise restrict the requested exemption. The NRC staff
has also determined, as explained in subsequent sections of this
document, that the requested exemption will not endanger life or
property and is otherwise in the public interest.
The regulations in 10 CFR part 55 implement Section 107 of the
Atomic Energy Act of 1954, as amended (AEA), which states, in part,
that the Commission shall (1) prescribe uniform conditions for
licensing individuals as operators of any of the various classes of
utilization facilities licensed by the NRC and (2) determine the
qualifications of such individuals. These requirements in the AEA do
not expressly prohibit exemptions from 10 CFR 55.53(e), (f), and (h)
and 10 CFR 55.59(a), which require licensed operators to maintain
proficiency by actively performing the functions of an operator for a
minimum number of hours and to complete a requalification program.
Further, as discussed below, the requested exemption would have little
impact on the uniformity of operator licensing conditions or on
operator qualification requirements.
In its exemption request, KSU stated that the purpose of the
exemption request is to allow the resumption of fuel maintenance
activities, including fuel cleaning and inspections, to provide a
pathway for returning the facility to normal operations. This cannot
currently be accomplished because three senior operators at the
facility do not satisfy the proficiency and requalification
requirements of the NRC's regulations due to the extended shutdown of
the facility. Under the exemption, KSU would continue to use the KSU
Requalification Plan for requalification requirements that can be
completed at the facility and those that cannot be completed at the
facility would be satisfied by performing the additional training
described in the request, including additional training at the UTARR.
Although fuel maintenance activities could be resumed upon the issuance
of the exemption, pursuant to 10 CFR 55.59(b), the Commission would
require the senior operators to complete the additional training and
submit evidence to the Commission of the successful completion of this
training before returning the facility to normal operations. After
this, the senior operators would again be subject to the regulations
related to the NRC's requalification and active performance
[[Page 102169]]
requirements. Therefore, granting the exemption request would have
little impact on the uniformity of operator licensing conditions or on
operator qualification requirements.
Because no provisions in law expressly prohibit the requested
exemption and because, as explained in subsequent sections of this
document, the requested exemption will not endanger life or property
and is otherwise in the public interest, the NRC staff has determined
that the exemption is authorized by law.
B. The Exemption Will Not Endanger Life or Property
The exemption would allow three senior operators at the facility
who do not satisfy the requalification requirements of 10 CFR 55.53(h)
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR
55.53(e) and (f) to continue to perform the functions of a senior
operator to support the resumption of fuel maintenance activities and
the return of the facility to normal operations. As stated above, 10
CFR 55.11 allows the Commission to grant exemptions from the
requirements of 10 CFR part 55, including 10 CFR 55.53(e), (f), and (h)
and 10 CFR 55.59(a), when they will not endanger life or property.
The requested exemption will not endanger life or property because
it would allow persons experienced with licensed activities involving
fuel maintenance to resume inspections and cleaning of the fuel with
the reactor shutdown. These activities would be performed consistent
with the facility's Commission-approved technical specifications and
would, therefore, ensure that the necessary quality of systems and
components is maintained.
Further, the requested exemption will not endanger life or property
because KSU has proposed additional training for the three senior
operators that would provide reasonable assurance of their competence
as senior operators regarding facility operations equivalent to that
required by the NRC's regulations and because that additional training
would be required by the NRC, pursuant to 10 CFR 55.59(b), including
the submission of evidence to the Commission of the successful
completion of the training, before the facility is returned to normal
operations. As KSU stated in the October 4, 2024, supplement to the
exemption request, the KSU Requalification Plan would continue to be
used, and supplemented, for items that can be completed at the
facility, such as through training and lectures, including biweekly
performance of ``Procedure No. 12--Instrument Checkout,'' and monthly
review of operations daily checkout logbooks. The items in the plan
that cannot be completed at the facility, such as control
manipulations, would be accomplished at the UTARR to satisfy the
operating test requalification requirements of 10 CFR 55.45(a)(2), (5),
and (6). Both the UTARR and the KSU facility have a similar licensed
power. Operations may be conducted at the UTARR between shutdown and
designated power levels similar to the KSU facility. Additionally, both
facilities utilize TRIGA fuel and graphite reflection, hence operating
behavior characteristics during control manipulations will have a
similar response.
Based on the above, the NRC staff determined that the UTARR is
sufficiently similar to the KSU facility such that the additional
training proposed to be conducted at the UTARR, in combination with the
conduct of the KSU Requalification Plan, as supplemented, at the
facility, provides reasonable assurance of the competence of the three
senior operators to perform the functions of a senior operator at the
KSU facility. Although fuel maintenance activities may be resumed upon
the issuance of this exemption, pursuant to 10 CFR 55.59(b), the senior
operators must complete the additional training discussed above and
submit evidence to the Commission of the successful completion of this
training before returning the facility to normal operations. Therefore,
the NRC staff has determined that the exemption will not endanger life
or property.
C. The Exemption Is Otherwise in the Public Interest
The exemption would allow three senior operators at the facility
who do not satisfy the requalification requirements of 10 CFR 55.53(h)
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR
55.53(e) and (f) to continue to perform the functions of a senior
operator to support the resumption of fuel maintenance activities and
the return of the facility to normal operations. As stated above, 10
CFR 55.11 allows the Commission to grant exemptions from the
requirements of 10 CFR part 55, including 10 CFR 55.53(e), (f), and (h)
and 10 CFR 55.59(a), when they are otherwise in the public interest.
The Commission's values guide the NRC in maintaining certain
principles of good regulation as it carries out regulatory activities
in furtherance of its safety and security mission. These principles
focus the NRC on ensuring safety and security while appropriately
considering the interests of the NRC's stakeholders, including the
public and licensees. The NRC's principles of good regulation can also
provide guidance as to whether the granting of a particular exemption
is otherwise in the public interest.
On balance, the NRC's principles of good regulation demonstrate
that the granting of the requested exemption is otherwise in the public
interest. The scope of the exemption is limited to resuming fuel
maintenance activities and to returning the facility to normal
operations. The three senior operators would be allowed to resume fuel
maintenance activities, including fuel cleaning and inspections, upon
the issuance of the exemption; however, pursuant to 10 CFR 55.59(b),
the senior operators would be required to complete the additional
training discussed above and to submit evidence to the Commission of
the successful completion of this training before returning the
facility to normal operations. As discussed above, this would ensure
that the senior operators have the competence required to perform these
duties. Moreover, the exemption would expire the sooner of 120 days
after the issuance of the exemption or 30 days following the
cancellation of the administrative restriction on operations related to
the fuel issue. After this time, the senior operators would again be
fully subject to the regulations related to the NRC's requalification
and active performance requirements. Thus, the exemption is narrowly
tailored and does not make any permanent changes to the senior operator
licenses, the facility license, or KSU programs. This approach provides
for an efficient and clear resolution to a situation that is outside of
the considerations of the applicable regulations. Therefore, the NRC
staff has determined that the exemption is otherwise in the public
interest.
D. Environmental Considerations
The exemption would allow three senior operators at the facility
who do not satisfy the requalification requirements of 10 CFR 55.53(h)
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR
55.53(e) and (f) to continue to perform the functions of a senior
operator to support the resumption of fuel maintenance activities and
the return of the facility to normal operations. For the following
reasons, the NRC staff determined that this exemption meets the
eligibility criteria for the categorical exclusion set forth in 10 CFR
51.22(c)(25). There are no special or extraordinary circumstances
present that would
[[Page 102170]]
preclude reliance on this exclusion. The NRC staff determined, in
accordance with 10 CFR 51.22(c)(25)(vi)(E), that the requirements from
which the exemption is sought involve education, training, experience,
qualification, requalification, or other employment suitability
requirements. The NRC staff also determined that granting the requested
exemption involves no significant hazards consideration because it does
not authorize any physical changes to the facility or any of its safety
systems or change any of the assumptions or limits used in the facility
licensee's safety analyses or introduce any new failure modes; there is
no significant change in the types or significant increase in the
amounts of any effluents that may be released offsite because the
exemption does not affect any effluent release limits as provided in
the facility licensee's technical specifications or by 10 CFR part 20;
there is no significant increase in individual or cumulative public or
occupational radiation exposure because the exemption does not affect
the limits on the release of any radioactive material or the limits
provided in 10 CFR part 20 for radiation exposure to workers or members
of the public; there is no significant construction impact because the
exemption does not involve any changes to a construction permit; and
there is no significant increase in the potential for or consequences
from radiological accidents because the exemption does not alter any of
the assumptions or limits in the facility licensee's safety analyses.
In addition, the NRC staff determined that there would be no
significant impacts to biota, water resources, historic properties,
cultural resources, or socioeconomic conditions in the region.
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact
statement or environmental assessment need to be prepared in connection
with the granting of the exemption.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
55.11, the exemption is authorized by law, will not endanger life or
property, and is otherwise in the public interest. Therefore, the
Commission hereby grants, with respect to the three senior operators
named in the exemption request, an exemption from the NRC's
requalification requirements at 10 CFR 55.53(h) and 10 CFR 55.59(a) and
the NRC's active performance requirements at 10 CFR 55.53(e) and (f) to
continue to perform the functions of a senior operator to support the
resumption of fuel maintenance activities and the return of the
facility to normal operations. Although fuel maintenance activities may
be resumed upon the issuance of this exemption, pursuant to 10 CFR
55.59(b), the senior operators must complete the additional training
discussed above and submit evidence to the Commission of the successful
completion of this training before returning the facility to normal
operations. This exemption expires the sooner of (1) 120 days after
issuance or (2) 30 days following the cancellation of the facility
temporary administrative limit/special condition for operation
stipulating in the entry on November 22, 2021, of Attachment 1,
``Condition/Limit Log,'' in ``SOM1 Operational Limits and Special
Administrative Controls'' that ``No operation until fuel element
findings resolved.''
This exemption is effective upon issuance.
V. Availability of Documents
The documents identified in the following table are related to the
requested exemption and available to interested persons through the
NRC's ADAMS at https://adams.nrc.gov/wba/.
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Document ADAMS accession No.
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KSU letter, ``License Requirements Exemption ML24085A808
Request,'' dated March 7, 2024................
KSU letter, ``License Requirements Exemption ML24164A092
Request Supplemental Information,'' dated June
11, 2024......................................
KSU letter, ``License Requirements Exemption ML24281A032
Request Additional Supplemental Information,''
dated October 4, 2024.........................
KSU letter, ``License Requirements Exemption ML24326A142
Request Further Supplemental Information,''
dated November 20, 2024.......................
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Dated: December 05, 2024.
/RA/
Jeremy Bowen, Director,
Division of Advanced Reactors and Non-Power Production and
Utilization Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-29695 Filed 12-16-24; 8:45 am]
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