Entergy Nuclear Operations, Inc.; FitzPatrick Nuclear Power Plant, 74820-74822 [2016-25989]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74820-74822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25989]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333; NRC-2016-0221]


Entergy Nuclear Operations, Inc.; FitzPatrick Nuclear Power Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a January 15, 2016, request from Entergy 
Nuclear Operations, Inc. (Entergy or the licensee), from certain 
regulatory requirements. The exemption would permit a certified fuel 
handler to approve the emergency suspension of security measures for 
James A. Fitzpatrick Nuclear Power Plant (JAF) during certain emergency 
conditions or during severe weather. The exemption will be effective 
after JAF has submitted the certifications that it has permanently 
ceased power operation and has permanently removed fuel from the 
reactor vessel.

ADDRESSES: Please refer to Docket ID NRC-2016-0221 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-2016-0221. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Thomas Wengert, Office of Nuclear 
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-4037; email: Thomas.Wengert@nrc.gov.

I. Background

    Entergy is the holder of Renewed Facility Operating License No. 
DPR-59, which authorizes operation of JAF. 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 boiling-water reactor located in Oswego County, New York.
    By letter dated November 18, 2015 (ADAMS Accession No. 
ML15322A273), Entergy submitted to the NRC, the certification, in 
accordance with Sec.  50.82(a)(1)(i) of title 10 of the Code of Federal 
Regulations (10 CFR), indicating that it intended to permanently cease 
operations of JAF. By letter dated March 16, 2016 (ADAMS Accession No. 
ML16076A391), Entergy certified that it plans to permanently cease 
power operations at JAF on January 27, 2017.

II. Request/Action

    On January 15, 2016 (ADAMS Accession No. ML16015A457), the licensee 
requested an exemption from Sec.  73.55(p)(1)(i) and (ii), pursuant to 
Sec.  73.5, ``Specific exemptions.'' Section 73.55(p)(1)(i) and (ii) 
require, in part, that the suspension of security measures during 
certain emergency conditions or during severe weather be approved by a 
licensed senior operator. The exemption request relates solely to the 
licensing requirements specified in the regulations directing 
suspension of security measures in accordance with Sec.  
73.55(p)(1)(i)-(ii), and would expand on the requirement for a licensed 
senior operator to provide this approval. The exemption would allow the 
suspension of security measures during certain emergency conditions or 
during severe weather by a certified fuel handler

[[Page 74821]]

(CFH) after the certifications required under Sec.  50.82(a)(1) have 
been docketed.

III. Discussion

    Historically, the NRC's security regulations have long recognized 
the potential to suspend security or safeguards measures under certain 
conditions. Accordingly, 10 CFR 50.54(x) and (y), first issued or 
published in 1983, allow a licensee to take reasonable steps in an 
emergency that deviate from license conditions when those steps are 
``needed to protect the public health and safety'' and there are no 
conforming comparable measures (48 FR 13970; April 1, 1983). As 
originally issued, the deviation from license conditions must be 
approved by, as a minimum, a licensed senior operator. In 1986, in its 
final rule, ``Miscellaneous Amendments Concerning the Physical 
Protection of Nuclear Power Plants'' (51 FR 27817; August 4, 1986), the 
Commission issued 10 CFR 73.55(a), stating in part:

    In accordance with Sec.  50.54 (x) and (y) of Part 50, the 
licensee may suspend any safeguards measures pursuant to Sec.  73.55 
in an emergency when this action is immediately needed to protect 
the public health and safety and no action consistent with license 
conditions and technical specification that can provide adequate or 
equivalent protection is immediately apparent. This suspension must 
be approved as a minimum by a licensed senior operator prior to 
taking the action.

    In 1995, the NRC made a number of regulatory changes to address 
decommissioning. Among the changes was new text that amended 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, in addressing the role of 
the CFH during emergencies, the NRC stated in the proposed rule, 
``Decommissioning of Nuclear Power Reactors'' (60 FR 37379; July 20, 
1995):

    The Commission is proposing to amend 10 CFR 50.54(y) to permit a 
certified fuel handler at nuclear power reactors that have 
permanently ceased operations and permanently removed fuel from the 
reactor vessel, subject to the requirements of Sec.  50.82(a) and 
consistent with the proposed definition of ``Certified Fuel 
Handler'' specified in Sec.  50.2, to make these evaluations and 
judgments. A nuclear power reactor that has permanently ceased 
operations and no longer has fuel in the reactor vessel does not 
require a licensed individual to monitor core conditions. A 
certified fuel handler at a permanently shutdown and defueled 
nuclear power reactor undergoing decommissioning is an individual 
who has the requisite knowledge and experience to evaluate plant 
conditions and make these judgements.

    In the final rule (61 FR 39298; July 29, 1996), the NRC added the 
following definition to Sec.  50.2: ``Certified fuel handler means, for 
a nuclear power reactor facility, a non-licensed operator who has 
qualified in accordance with a fuel handler training program approved 
by the Commission.'' However, the decommissioning rule did not propose 
or make parallel changes to Sec.  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 
13926; March 27, 2009), the NRC removed the security suspension 
requirements from Sec.  73.55(a) and added them to Sec.  73.55(p)(1)(i) 
and (ii). The CFHs were not discussed in the rulemaking, so the 
requirements of Sec.  73.55(p) to use a licensed senior operator 
remain, even for a site that otherwise no longer operates.
    However, pursuant to Sec.  73.5, the Commission may, upon 
application by any interested person or upon its own initiative, grant 
exemptions from the requirements of 10 CFR part 73, as it determines 
are authorized by law and will not endanger life or property or the 
common defense and security, and are otherwise in the public interest.

A. The Exemption Is Authorized by Law

    The exemption from Sec.  73.55(p)(1)(i) and (ii) would expand upon 
the requirement that only a licensed senior operator could approve the 
suspension of security measures under certain emergency conditions or 
severe weather. The licensee intends to use the exemption to authorize 
the use 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 after JAF permanently ceases 
operation and the licensee has submitted the certifications required 
under Sec.  50.82(a)(1).
    Per Sec.  73.5, the Commission is allowed to grant exemptions from 
the regulations in 10 CFR part 73, as authorized by law. The NRC staff 
has determined that granting 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

    Expanding the requirement to have a licensed senior operator or a 
CFH 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 in this section.
    First, Sec.  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 
Sec.  73.55(p)(1)(i) will continue to be invoked only ``when this 
action is immediately needed to protect the public health and safety 
and no action consistent with license conditions and technical 
specifications that can provide adequate or equivalent protection is 
immediately apparent.'' Thus, the exemption would not prevent the 
licensee from meeting the underlying purpose of Sec.  73.55(p)(1)(i) to 
protect public health and safety.
    Third, the suspension for severe weather under Sec.  
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 exemption would not prevent the 
licensee from meeting the underlying purpose of Sec.  73.55(p)(1)(ii) 
to protect the health and safety of the security force.
    Additionally, by letter dated October 17, 2016 (ADAMS Accession No. 
ML16259A347), the NRC approved Entergy's CFH training and retraining 
program for the JAF 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 qualified 
under an NRC-approved program, the NRC staff considers a CFH to have 
sufficient knowledge of operational and safety concerns, such that 
allowing a CFH to suspend security measures during emergencies or 
severe weather will not result in undue risk to public health and 
safety.
    In addition, the exemption does not reduce the overall 
effectiveness of the physical security plan and has no adverse impacts 
to Entergy's ability to physically secure the site or protect special 
nuclear material at JAF, 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,

[[Page 74822]]

removing the requirement for a licensed senior operator to approve the 
suspension of security measures in an emergency or during severe 
weather, to allow suspension of security measures to be authorized by a 
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

    Entergy's proposed exemption would allow a CFH, following permanent 
cessation of operation and permanent removal of fuel from the reactor 
vessel, to 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 the temporary suspension of security regulations 
during an emergency or severe weather, comparable to the authority 
given to the CFH by the NRC when it published Sec.  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 JAF would no longer require a licensed senior 
operator. However, 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 on 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 force during emergencies and severe weather. The exemption 
would allow the licensee to make decisions pursuant to Sec.  
73.55(p)(1)(i) and (ii) without having to maintain a staff of licensed 
senior operators. The exemption would also allow the licensee to have 
an established procedure in place to allow a trained CFH to suspend 
security measures in the event of an emergency or severe weather. 
Second, the consistent and efficient regulation of nuclear power plants 
serves the public interest. This exemption would assure 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. The NRC staff has determined that 
granting the licensee's proposed exemption would allow the licensee to 
designate an alternative position, with qualifications appropriate for 
a permanently shutdown and defueled reactor, to approve the suspension 
of security measures during an emergency to protect the public health 
and safety, and during severe weather to protect the safety of the 
security force, consistent with the similar authority provided by Sec.  
50.54(y). Therefore, the exemption is in the public interest.

D. Environmental Considerations

    The NRC's 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 Sec.  51.22(c)(25).
    Under Sec.  51.22(c)(25), the granting of an exemption from the 
requirements of any regulation of Chapter I to 10 CFR is a categorical 
exclusion provided that: (i) There is no significant hazards 
consideration; (ii) there is no significant change in the types or 
significant increase in the amounts of any effluents that may be 
released offsite; (iii) there is no significant increase in individual 
or cumulative public or occupational radiation exposure; (iv) there is 
no significant construction impact; (v) there is no significant 
increase in the potential for or consequences from radiological 
accidents; and (vi) the requirements from which an exemption is sought 
involve: 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 
expanding the requirement to allow a CFH to 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 Sec.  51.22(b) and (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 the licensee's 
request for an exemption from the requirements of 10 CFR 73.55(p)(1)(i) 
and (ii), which otherwise would require suspension of security measures 
during emergencies and severe weather, respectively, to be approved by 
a licensed senior operator following permanent cessation of operations 
and permanent removal of fuel from the reactor vessel. The exemption is 
effective upon the docketing of the certification of permanent removal 
of fuel in accordance with 10 CFR 50.82(a)(1)(ii).

    Dated at Rockville, Maryland, this 20th day of October 2016.

    For the Nuclear Regulatory Commission.
George A. Wilson,
Deputy Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2016-25989 Filed 10-26-16; 8:45 am]
 BILLING CODE 7590-01-P