Exemptions; Issuance: Dominion Energy Kewaunee, Inc., 45846-45849 [2014-18631]
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
Officer, by mail at the National Archives
and Records Administration, Office of
Government Information Services, 8601
Adelphi Road—OGIS, College Park, MD
20740–6001; Telephone 202–741–5773;
email Christa.Lemelin@nara.gov; or Fax
202–741–5769.
Dated: July 31, 2014.
Patrice Little Murray,
Acting Committee Management Officer.
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the
Arts, National Foundation on the Arts
and Humanities.
ACTION: Notice of Meeting.
AGENCY:
Pursuant to Section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), as amended, notice is
hereby given that a meeting of the Arts
Advisory Panel to the National Council
on the Arts will be held by
teleconference as follows (all meetings
are Eastern time and ending times are
approximate):
Artist Communities (application
review): This meeting will be virtual
and will be closed.
DATES: August 13, 2014. 2:00 p.m. to
4:00 p.m. This meeting is being held on
an emergency basis to address time
sensitive issues.
FOR FURTHER INFORMATION CONTACT:
Further information with reference to
these meetings can be obtained from Ms.
Kathy Plowitz-Worden, Office of
Guidelines & Panel Operations, National
Endowment for the Arts, Washington,
DC, 20506; plowitzk@arts.gov, or call
202–682–5691.
SUPPLEMENTARY INFORMATION: The
closed portions of meetings are for the
purpose of Panel review, discussion,
evaluation, and recommendations on
financial assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chairman
of February 15, 2012, these sessions will
be closed to the public pursuant to
subsection (c)(6) of section 552b of Title
5, United States Code.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
Dated: August 1, 2014.
Kathy Plowitz-Worden,
Panel Coordinator, National Endowment for
the Arts.
17:14 Aug 05, 2014
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The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
April 23, 2014.
1. Type of submission, new, revision,
or extension: Extension.
2. The title of the information
collection: NRC Form 536, ‘‘Operator
Licensing Examination Data.’’
3. Current OMB approval number:
3150–0131.
4. The form number if applicable:
NRC Form 536.
5. How often the collection is
required: Annually.
6. Who will be required or asked to
report: All holders of operating licenses
for nuclear power reactors under the
provision of Part 50 of Title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ except those that
have permanently ceased operations
and have certified that fuel has been
permanently removed from the reactor
vessel. All holders of, or applicants for,
a limited work authorization, early site
permit, or combined license issued
under 10 CFR Part 52, ‘‘Licenses,
Certifications and Approval for Nuclear
Power Plants.’’
7. An estimate of the number of
annual responses: 105.
8. The estimated number of annual
respondents: 105.
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 105.
10. Abstract: The NRC is requesting
renewal of its clearance to annually
request all commercial power reactor
licensees and applicants for an
SUMMARY:
Arts Advisory Panel Meeting
VerDate Mar<15>2010
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
Nuclear Regulatory
Commission.
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
BILLING CODE 7515–01–P
BILLING CODE 7537–01–P
[Docket No. NRC–2014–0078]
AGENCY:
[FR Doc. 2014–18565 Filed 8–5–14; 8:45 am]
[FR Doc. 2014–18618 Filed 8–5–14; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
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operating license to voluntarily send to
the NRC: (1) Their projected number of
candidates for initial operator licensing
examinations; (2) the estimated dates of
the examinations; (3) if the
examinations will be facility developed
or NRC developed, and (4) the estimated
number of individuals that will
participate in the Generic Fundamentals
Examination (GFE) for that calendar
year. Except for the GFE, this
information is used to plan budgets and
resources in regard to operator
examination scheduling in order to meet
the needs of the nuclear power industry.
The public may examine and have
copied for a fee publicly-available
documents, including the final
supporting statement, at the NRC’s
Public Document Room, Room O–1F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. The
OMB clearance requests are available at
the NRC’s Web site: https://www.nrc.gov/
public-involve/doc-comment/omb/. The
document will be available on the
NRC’s home page site for 60 days after
the signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by September 5, 2014. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Danielle Y. Jones, Desk Officer, Office of
Information and Regulatory Affairs
(3150–0131), NEOB–10202, Office of
Management and Budget,
Washington, DC 20503.
Comments can also be emailed to
Danielle_Y_Jones@omb.eop.gov or
submitted by telephone at 202–395–
1741.
The Acting NRC Clearance Officer is
Brenda Miles, telephone: 301–415–
7884.
Dated at Rockville, Maryland, this 1st day
of August, 2014.
For the Nuclear Regulatory Commission.
Brenda Miles,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. 2014–18562 Filed 8–5–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–305 and 72–64; NRC–2014–
0185]
Exemptions; Issuance: Dominion
Energy Kewaunee, Inc.
Nuclear Regulatory
Commission.
AGENCY:
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
ACTION:
Exemption; issuance.
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a June 4, 2013,
request from Dominion Energy
Kewaunee, Inc. (DEK, the licensee),
from certain regulatory requirements.
The exemption would remove the
requirement that a licensed senior
operator approve the emergency
suspension of security measures for
Kewaunee Power Station (KPS) during
certain emergency conditions or during
severe weather.
ADDRESSES: Please refer to Docket ID
NRC–2014–0185 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 Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0185. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. 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 publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• 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:
William Huffman, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2046, email: William.Huffman@nrc.gov.
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SUMMARY:
I. Background
Dominion Energy Kewaunee, Inc.
(DEK) is the holder of Renewed Facility
License No. DPR–43. The license
provides, among other things, that the
facility is subject to all rules,
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regulations, and orders of the NRC now
or hereafter in effect.
The facility consists of a permanently
shutdown and defueled pressurized
water reactor and a general licensed
independent spent fuel storage
installation located in Kewaunee
County, Wisconsin.
By letter dated February 25, 2013
(ADAMS Accession No. ML13058A065),
DEK submitted to the NRC the
certification in accordance with Section
50.82(a)(1)(i) of Title 10 of the Code of
Federal Regulations (10 CFR) indicating
it would permanently cease power
operations at KPS on May 7, 2013. On
May 7, 2013, DEK permanently ceased
power operation at KPS. By letter dated
May 14, 2013 (ADAMS Accession No.
ML13135A209), DEK submitted to the
NRC the certification per 10 CFR
50.82(a)(1)(ii) that the reactor vessel at
KPS was permanently defueled.
II. Request/Action
Pursuant to 10 CFR 73.5, ‘‘Specific
exemptions,’’ the licensee has, by letter
dated June 4, 2013 (ADAMS Accession
No. ML13161A168), requested an
exemption from 10 CFR 73.55(p)(1)(i)
and 73.55(p)(1)(ii), which otherwise
require in part that a licensed senior
operator approves the suspension of
security measures during certain
emergency conditions or during severe
weather. Portions of the letter dated
June 4, 2013, contain sensitive
unclassified non-safeguards information
(security-related) and, accordingly, have
been withheld from public disclosure.
The regulations in 10 CFR 73.55(p)(1)(i)
and 73.55(p)(1)(ii), respectively, specify
that the suspension of security measures
must be approved by, as a minimum, a
licensed senior operator, or a licensed
senior operator with input from the
security supervisor or manager.
The exemption request relates solely
to the licensing requirements specified
in the regulations for the staff directing
suspension of security measures in
accordance with 10 CFR 73.55(p)(1)(i)
and 73.55(p)(1)(ii). Section 73.55(p)(1)(i)
of 10 CFR requires that ‘‘suspension of
security measures must be approved as
a minimum by a licensed senior
operator before taking this action’’; 10
CFR 73.55(p)(1)(ii) requires that
‘‘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.’’
This exemption would remove the
requirement for a licensed senior
operator to provide the approval.
Instead, the licensee intends the
suspension of security measures to be
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45847
authorized by a certified fuel handler
(CFH), as defined in 10 CFR 50.2.
III. Discussion
Historically, the Commission’s
security rules have long recognized the
potential to suspend security or
safeguards measures. In 1986, in its
Final Rule, ‘‘Miscellaneous
Amendments Concerning the Physical
Protection of Nuclear Power Plants,’’ 51
FR 27,817 (Aug. 4, 1986), the
Commission promulgated 10 CFR
73.55(a), stating in part:
In accordance with § 50.54(x) and (y) of
Part 50, the licensee may suspend any
safeguards measures pursuant to § 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.
Later, in Proposed Rule,
‘‘Decommissioning of Nuclear Power
Plants,’’ 60 FR 37,374, (July 20, 1995),
the Commission made a number of
proposed rule changes to address
decommissioning. Among the changes
were new regulations that affected
§ 50.54(x) and (y) by allowing a nonlicensed operator called a ‘‘Certified
Fuel Handler,’’ in addition to a licensed
senior operator, to authorize protective
steps. Specifically, when proposing the
rule addressing the role of the CFH
during emergencies, the Commission
stated:
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
§ 50.82(a) and consistent with the proposed
definition of ‘‘Certified Fuel Handler’’
specified in § 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 39,278 (July
29, 1996), the Commission added the
following definition to 10 CFR 50.2:
‘‘Certified fuel handler means, for a
nuclear power reactor facility, a nonlicensed 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
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
changes to 10 CFR 73.55(a), and did not
discuss the role of a non-licensed
certified fuel handler.
In the Final Rule, ‘‘Power Reactor
Security Requirements,’’ 74 FR 13,926
(March 27, 2009), the NRC relocated and
split the security suspension
requirements from 10 CFR 73.55(a) to 10
CFR 73.55(p)(1)(i) and (p)(1)(ii). CFHs
were not discussed in the rulemaking,
so the requirements of 10 CFR 73.55(p)
to use a licensed senior operator
remains, even for a site that otherwise
no longer has an operating reactor.
However, pursuant to 10 CFR 73.5,
the Commission may, upon application
by any interested person or upon its
own initiative, grant exemptions from
the requirements of this 10 CFR Part 73
as it determines are authorized by law
and will not endanger life or property or
the common defense and security, and
are otherwise in the public interest.
mstockstill on DSK4VPTVN1PROD with NOTICES
A. Authorized by Law
The exemption from 10 CFR
73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii)
would remove the requirement that a
licensed senior operator approve the
suspension of security measures, under
certain emergency conditions or severe
weather. The licensee intends to align
these regulations with 10 CFR 50.54(y)
by using the authority of a non-licensed
CFH in place of a licensed senior
operator to approve the suspension of
security measures during certain
emergency conditions or during severe
weather.
Per 10 CFR 73.5, the Commission’s
regulations allow the Commission to
grant exemptions from the regulations
in 10 CFR Part 73 as the Commission
determines are authorized by law. The
NRC staff has determined that granting
of the licensee’s proposed exemption
will not result in a violation of the
Atomic Energy Act of 1954, as amended,
or other laws. Therefore, the exemption
is authorized by law.
B. Will Not Endanger Life or Property or
the Common Defense and Security
Removing the requirement to have a
licensed senior operator approve
suspension of security measures during
emergencies or severe weather will not
endanger life or property or the common
defense and security for the reasons
described 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 for nonweather emergency conditions under 10
CFR 73.55(p)(1)(i) will continue to be
invoked only ‘‘when this action is
immediately needed to protect the
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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
underlying purpose of 10 CFR
73.55(p)(1)(i) will still be to protect
public health and safety even after the
exemption is granted.
Third, the suspension 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 to receive input from the
security supervisor or manager will
remain. The underlying purpose of 10
CFR 73.55(p)(1)(ii) will continue to be to
protect the health and safety of the
security force.
Additionally, by letter dated May 12,
2014, the NRC staff approved DEK’s
CFH training and retraining program for
the KPS facility. 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 the CFH is
sufficiently trained and qualified under
an NRC-approved program, the NRC
staff considers a CFH to have sufficient
knowledge of operational and safety
concerns such that there will be no
adverse effects or undue risk to the
public health and safety as a result of
the suspension of security measures
during the emergencies or severe
weather.
In addition, the exemption does not
reduce the overall effectiveness of the
physical security plan and has no
adverse impact on DEK’s ability to
physically secure the site or protect
special nuclear material at KPS, and
thus would not have an effect on the
common defense and security. The NRC
staff has concluded that the exemption
would not reduce security measures
currently in place to protect against
radiological sabotage. Therefore,
removing the requirement for a licensed
senior operator to approve the
suspension of security measures in an
emergency or during severe weather so
that suspension of security measures
can be authorized by CFH does not
adversely affect public health and safety
issues or the assurance of the common
defense and security.
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C. Is Otherwise in the Public Interest
DEK’s proposed exemption would
remove the requirement that a licensed
senior operator approve 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.’’
Without the exemption, the licensee
cannot implement changes to its
security plan to authorize a CFH to
approve temporary suspension of
security regulations during an
emergency or severe weather
comparable to the authority given to the
CFH by the Commission when it
promulgated 10 CFR 50.54(y). Instead,
the regulations would continue to
require that a licensed senior operator
be available to make decisions for a
permanently shutdown plant, even
though KPS no longer requires a
licensed senior operator. It is unclear
how the licensee would implement
emergency or severe weather
suspensions of security measures
without a licensed senior operator. This
exemption is in the public interest for
two reasons. First, without the
exemption, there is uncertainty about
how the licensee will invoke temporary
suspension of security matters that may
be needed for protecting public health
and safety or the safety of the security
forces during emergencies and severe
weather. Additionally, the consistent
and efficient regulation of nuclear
power plants serves the public interest
by assuring consistency between the
security regulations in 10 CFR Part 73
and the operating reactor regulations in
10 CFR Part 50, and the requirements
concerning licensed operators in 10 CFR
Part 55. Accordingly, the NRC staff
concludes that exempting requirements
to obtain approval from a licensed
senior operator, who is not otherwise
required for a permanently shutdown
and defueled reactor, before taking steps
to protect the public health and safety,
or to protect the safety of the security
force, is in the public interest.
D. Environmental Considerations
NRC 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).
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Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
Under 10 CFR 51.22(c)(25), 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: Safeguard plans, and
materials control and accounting
inventory scheduling requirements; or
involve other requirements of an
administrative, managerial, or
organizational nature.
The Director, Division of Operating
Reactor Licensing, Office of Nuclear
Reactor Regulation, has determined that
approval of the exemption request
involves no significant hazards
consideration because removing the
requirement to have a licensed senior
operator 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 may be
viewed as involving either safeguards,
materials control, or managerial matters.
Therefore, pursuant to 10 CFR
51.22(b) and 51.22(c)(25), no
environmental impact statement or
environmental assessment need be
prepared in connection with the
approval of this exemption request.
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IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
73.5, the exemption is authorized by
law and will not endanger life or
property or the common defense and
security, and is otherwise in the public
interest. Therefore, the Commission
hereby grants DEK exemption from the
requirements of 10 CFR 73.55(p)(1)(i)
and 10 CFR 73.55(p)(1)(ii), which
otherwise would require suspension of
security measures during emergencies
and severe weather, respectively, to be
approved by a licensed senior operator.
The exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 25th day
of July 2014.
For the Nuclear Regulatory Commission.
A. Louise Lund,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
45849
Hotel Alex Johnson, beginning on
August 19, 2014.
That this order shall not apply to local
law enforcement officers responding to
a call for assistance from within the
Mueller Civic Center or the Hotel Alex
Johnson.
It is so ordered.
Dated: July 31, 2014.
The Atomic Safety and Licensing Board,
Rockville, Maryland.
William J. Froehlich,
Chair, Administrative Judge.
[FR Doc. 2014–18628 Filed 8–5–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0220]
Standard Review Plan for License
Applications for Fuel Cycle Facilities
BILLING CODE 7590–01–P
Nuclear Regulatory
Commission.
ACTION: Draft NUREG; extension of
comment period.
NUCLEAR REGULATORY
COMMISSION
SUMMARY:
[FR Doc. 2014–18631 Filed 8–5–14; 8:45 am]
[Docket No. 40–9075–MLA]
Atomic Safety and Licensing Board;
Notice (Regarding Weapons at Atomic
Safety and Licensing Board
Proceedings)
Before Administrative Judges: William J.
Froehlich, Chairman, Dr. Richard F. Cole,
Dr. Mark O. Barnett.
In the Matter of Powertech USA, Inc.
(Dewey-Burdock In Situ Uranium Recovery
Facility).
ASLBP No. 10–898–02–MLA–BD01.
July 31, 2014.
Take notice that the rules regarding
weapons in the U.S. Courthouse and
United States Federal Building in the
State of South Dakota shall apply to all
proceedings conducted by the Atomic
Safety and Licensing Board of the U.S.
Nuclear Regulatory Commission.
No person other than federal law
enforcement, Fall River County Sheriff’s
Department, Hot Springs Police
Department, Rapid City Police
Department or other authorized law
enforcement organization while
performing official duties, shall wear or
otherwise carry a firearm, edged
weapon, impact weapon, electronic
control device, chemical weapon,
ammunition, or other dangerous
weapon into the Limited Appearance
Sessions scheduled at the Mueller Civic
Center on August 18, 2014 or the
evidentiary hearing scheduled at the
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AGENCY:
On June 5, 2014, the U.S.
Nuclear Regulatory Commission (NRC)
solicited comments on draft NUREG–
1520, Revision 2, titled ‘‘Standard
Review Plan [SRP] for License
Applications for Fuel Cycle Facilities.’’
The public comment period was
originally scheduled to close on
September 3, 2014. The NRC has
decided to extend the public comment
period on this document to allow more
time for members of the public to
develop and submit their comments.
DATES: The due date for comments
requested in the document published on
June 5, 2014 (79 FR 32579) is extended.
Comments must be filed no later than
November 3, 2014. Comments received
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received before this date.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0220. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Notices]
[Pages 45846-45849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18631]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-305 and 72-64; NRC-2014-0185]
Exemptions; Issuance: Dominion Energy Kewaunee, Inc.
AGENCY: Nuclear Regulatory Commission.
[[Page 45847]]
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 4, 2013, request from Dominion Energy
Kewaunee, Inc. (DEK, the licensee), from certain regulatory
requirements. The exemption would remove the requirement that a
licensed senior operator approve the emergency suspension of security
measures for Kewaunee Power Station (KPS) during certain emergency
conditions or during severe weather.
ADDRESSES: Please refer to Docket ID NRC-2014-0185 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 Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0185. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. 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 ``ADAMS Public Documents'' and
then 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, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
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: William Huffman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2046, email: William.Huffman@nrc.gov.
I. Background
Dominion Energy Kewaunee, Inc. (DEK) is the holder of Renewed
Facility License No. DPR-43. The license provides, among other things,
that the facility is subject to all rules, regulations, and orders of
the NRC now or hereafter in effect.
The facility consists of a permanently shutdown and defueled
pressurized water reactor and a general licensed independent spent fuel
storage installation located in Kewaunee County, Wisconsin.
By letter dated February 25, 2013 (ADAMS Accession No.
ML13058A065), DEK submitted to the NRC the certification in accordance
with Section 50.82(a)(1)(i) of Title 10 of the Code of Federal
Regulations (10 CFR) indicating it would permanently cease power
operations at KPS on May 7, 2013. On May 7, 2013, DEK permanently
ceased power operation at KPS. By letter dated May 14, 2013 (ADAMS
Accession No. ML13135A209), DEK submitted to the NRC the certification
per 10 CFR 50.82(a)(1)(ii) that the reactor vessel at KPS was
permanently defueled.
II. Request/Action
Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the licensee has,
by letter dated June 4, 2013 (ADAMS Accession No. ML13161A168),
requested an exemption from 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii),
which otherwise require in part that a licensed senior operator
approves the suspension of security measures during certain emergency
conditions or during severe weather. Portions of the letter dated June
4, 2013, contain sensitive unclassified non-safeguards information
(security-related) and, accordingly, have been withheld from public
disclosure. The regulations in 10 CFR 73.55(p)(1)(i) and
73.55(p)(1)(ii), respectively, specify that the suspension of security
measures must be approved by, as a minimum, a licensed senior operator,
or a licensed senior operator with input from the security supervisor
or manager.
The exemption request relates solely to the licensing requirements
specified in the regulations for the staff directing suspension of
security measures in accordance with 10 CFR 73.55(p)(1)(i) and
73.55(p)(1)(ii). Section 73.55(p)(1)(i) of 10 CFR requires that
``suspension of security measures must be approved as a minimum by a
licensed senior operator before taking this action''; 10 CFR
73.55(p)(1)(ii) requires that ``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.''
This exemption would remove the requirement for a licensed senior
operator to provide the approval. Instead, the licensee intends the
suspension of security measures to be authorized by a certified fuel
handler (CFH), as defined in 10 CFR 50.2.
III. Discussion
Historically, the Commission's security rules have long recognized
the potential to suspend security or safeguards measures. In 1986, in
its Final Rule, ``Miscellaneous Amendments Concerning the Physical
Protection of Nuclear Power Plants,'' 51 FR 27,817 (Aug. 4, 1986), the
Commission promulgated 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.
Later, in Proposed Rule, ``Decommissioning of Nuclear Power
Plants,'' 60 FR 37,374, (July 20, 1995), the Commission made a number
of proposed rule changes to address decommissioning. Among the changes
were new regulations that affected Sec. 50.54(x) and (y) by allowing a
non-licensed operator called a ``Certified Fuel Handler,'' in addition
to a licensed senior operator, to authorize protective steps.
Specifically, when proposing the rule addressing the role of the CFH
during emergencies, the Commission stated:
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 39,278 (July 29, 1996), the Commission
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
[[Page 45848]]
changes to 10 CFR 73.55(a), and did not discuss the role of a non-
licensed certified fuel handler.
In the Final Rule, ``Power Reactor Security Requirements,'' 74 FR
13,926 (March 27, 2009), the NRC relocated and split the security
suspension requirements from 10 CFR 73.55(a) to 10 CFR 73.55(p)(1)(i)
and (p)(1)(ii). CFHs were not discussed in the rulemaking, so the
requirements of 10 CFR 73.55(p) to use a licensed senior operator
remains, even for a site that otherwise no longer has an operating
reactor.
However, pursuant to 10 CFR 73.5, the Commission may, upon
application by any interested person or upon its own initiative, grant
exemptions from the requirements of this 10 CFR Part 73 as it
determines are authorized by law and will not endanger life or property
or the common defense and security, and are otherwise in the public
interest.
A. Authorized by Law
The exemption from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii)
would remove the requirement that a licensed senior operator approve
the suspension of security measures, under certain emergency conditions
or severe weather. The licensee intends to align these regulations with
10 CFR 50.54(y) by using the authority of a non-licensed CFH in place
of a licensed senior operator to approve the suspension of security
measures during certain emergency conditions or during severe weather.
Per 10 CFR 73.5, the Commission's regulations allow the Commission
to grant exemptions from the regulations in 10 CFR Part 73 as the
Commission determines are authorized by law. The NRC staff has
determined that granting of the licensee's proposed exemption will not
result in a violation of the Atomic Energy Act of 1954, as amended, or
other laws. Therefore, the exemption is authorized by law.
B. Will Not Endanger Life or Property or the Common Defense and
Security
Removing the requirement to have a licensed senior operator approve
suspension of security measures during emergencies or severe weather
will not endanger life or property or the common defense and security
for the reasons described 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 for non-weather emergency conditions 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 underlying purpose of 10 CFR
73.55(p)(1)(i) will still be to protect public health and safety even
after the exemption is granted.
Third, the suspension 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 to receive input from the security
supervisor or manager will remain. The underlying purpose of 10 CFR
73.55(p)(1)(ii) will continue to be to protect the health and safety of
the security force.
Additionally, by letter dated May 12, 2014, the NRC staff approved
DEK's CFH training and retraining program for the KPS facility. 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
the CFH is sufficiently trained and qualified under an NRC-approved
program, the NRC staff considers a CFH to have sufficient knowledge of
operational and safety concerns such that there will be no adverse
effects or undue risk to the public health and safety as a result of
the suspension of security measures during the emergencies or severe
weather.
In addition, the exemption does not reduce the overall
effectiveness of the physical security plan and has no adverse impact
on DEK's ability to physically secure the site or protect special
nuclear material at KPS, and thus would not have an effect on the
common defense and security. The NRC staff has concluded that the
exemption would not reduce security measures currently in place to
protect against radiological sabotage. Therefore, removing the
requirement for a licensed senior operator to approve the suspension of
security measures in an emergency or during severe weather so that
suspension of security measures can be authorized by CFH does not
adversely affect public health and safety issues or the assurance of
the common defense and security.
C. Is Otherwise in the Public Interest
DEK's proposed exemption would remove the requirement that a
licensed senior operator approve 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.'' Without
the exemption, the licensee cannot implement changes to its security
plan to authorize a CFH to approve temporary suspension of security
regulations during an emergency or severe weather comparable to the
authority given to the CFH by the Commission when it promulgated 10 CFR
50.54(y). Instead, the regulations would continue to require that a
licensed senior operator be available to make decisions for a
permanently shutdown plant, even though KPS no longer requires a
licensed senior operator. It is unclear how the licensee would
implement emergency or severe weather suspensions of security measures
without a licensed senior operator. This exemption is in the public
interest for two reasons. First, without the exemption, there is
uncertainty about how the licensee will invoke temporary suspension of
security matters that may be needed for protecting public health and
safety or the safety of the security forces during emergencies and
severe weather. Additionally, the consistent and efficient regulation
of nuclear power plants serves the public interest by assuring
consistency between the security regulations in 10 CFR Part 73 and the
operating reactor regulations in 10 CFR Part 50, and the requirements
concerning licensed operators in 10 CFR Part 55. Accordingly, the NRC
staff concludes that exempting requirements to obtain approval from a
licensed senior operator, who is not otherwise required for a
permanently shutdown and defueled reactor, before taking steps to
protect the public health and safety, or to protect the safety of the
security force, is in the public interest.
D. Environmental Considerations
NRC 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).
[[Page 45849]]
Under 10 CFR 51.22(c)(25), 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: Safeguard plans, and materials control and accounting
inventory scheduling requirements; or involve other requirements of an
administrative, managerial, or organizational nature.
The Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, has determined that approval of the
exemption request involves no significant hazards consideration because
removing the requirement to have a licensed senior operator 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 may be viewed as involving either safeguards,
materials control, or managerial matters.
Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no
environmental impact statement or environmental assessment need be
prepared in connection with the approval of this exemption request.
IV. Conclusions
Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, the exemption is authorized by law and will not endanger life or
property or the common defense and security, and is otherwise in the
public interest. Therefore, the Commission hereby grants DEK exemption
from the requirements of 10 CFR 73.55(p)(1)(i) and 10 CFR
73.55(p)(1)(ii), which otherwise would require suspension of security
measures during emergencies and severe weather, respectively, to be
approved by a licensed senior operator. The exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 25th day of July 2014.
For the Nuclear Regulatory Commission.
A. Louise Lund,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2014-18631 Filed 8-5-14; 8:45 am]
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