Exemptions; Issuance: Dominion Energy Kewaunee, Inc., 45846-45849 [2014-18631]

Download as PDF 45846 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 Jkt 232001 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 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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: http://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: E:\FR\FM\06AUN1.SGM 06AUN1 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 http://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 http://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. mstockstill on DSK4VPTVN1PROD with NOTICES 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, VerDate Mar<15>2010 17:14 Aug 05, 2014 Jkt 232001 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06AUN1.SGM 06AUN1 45848 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 VerDate Mar<15>2010 17:14 Aug 05, 2014 Jkt 232001 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. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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). E:\FR\FM\06AUN1.SGM 06AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 18:18 Aug 05, 2014 Jkt 232001 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 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 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 http://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. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[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 http://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 http://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]
BILLING CODE 7590-01-P