Omaha Public Power District; Fort Calhoun Station, Unit No. 1, 32890-32893 [2017-15069]
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
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Southern Nuclear Operating Company,
Inc., Docket Nos. 52–025 and 50–026,
Vogtle Electric Generating Plant, Units 3
and 4, Burke County, Georgia
Date of amendment request: August
29, 2016, as supplemented by letter
dated February 13, 2017.
Brief description of amendments: The
amendments changed Combined
License Nos. NPF–91 and NPF–92 for
the Vogtle Electric Generating Plant,
Units 3 and 4. The amendments
changed the Updated Final Safety
Analysis Report (UFSAR) in the form of
departures from the incorporated plantspecific Design Control Document
(DCD) Tier 2* information. Specifically,
the amendment proposed changes to
demonstrate the quality and strength of
a specific population of welds between
stainless steel mechanical couplers
(couplers) and embedment plates that
did not receive the nondestructive
examinations required by the American
Institute of Steel Construction N690–
1994, ‘‘Specification for the Design,
Fabrication, and Erection of Steel
Safety-Related Structures for Nuclear
Facilities.’’ Since some of these coupler
welds are already installed and
embedded in concrete, the licensee
proposed to demonstrate the adequacy
of these inaccessible coupler welds
through previously-performed visual
testing examinations of the couplers and
static tension testing of a representative
sample of accessible, uninstalled
couplers produced concurrently with
those already installed.
Date of issuance: June 27, 2017.
Effective date: As of the date of
issuance and shall be implemented
within 30 days of issuance.
Amendment Nos.: 80 (Unit 3) and 79
(Unit 4). A publicly-available version is
in ADAMS under Package Accession
No. ML17107A275; documents related
to these amendments are listed in the
Safety Evaluation enclosed with the
amendments.
Facility Operating License No. NPF–
91 and NPF–92: Amendments revised
the UFSAR in the form of departures
from the incorporated plant-specific
DCD Tier 2* information.
Date of initial notice in Federal
Register: November 8, 2017 (81 FR
78666). The supplement, dated February
13, 2017, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the NRC staff’s
original proposed no significant hazards
consideration determination.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 27, 2017.
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No significant hazards consideration
comments received: No.
Tennessee Valley Authority, Docket
Nos. 50–390 and 50–391, Watts Bar
Nuclear Plant, Units 1 and 2, Rhea
County, Tennessee
Date of amendment request: October
17, 2016, as supplemented by letter
dated March 6, 2017.
Brief description of amendments: The
amendments revised selected Technical
Specification (TS) Surveillance
Requirements (SRs) for alternating
current electrical sources because of
delays in the startup of Watts Bar
Nuclear Plant, Unit 2. Specifically, the
amendments revised the TSs to permit
a one-time extension of the specified 18month interval for performing the
required SRs.
Date of issuance: June 28, 2017.
Effective date: As of the date of
issuance and shall be implemented
within 30 days of issuance.
Amendment Nos.: 114 (Unit 1) and 12
(Unit 2). A publicly-available version is
in ADAMS under Accession No.
ML17138A100; documents related to
these amendments are listed in the
Safety Evaluation enclosed with the
amendments.
Facility Operating License Nos. NPF–
90 and NPF–96: Amendments revised
the Facility Operating Licenses and TSs.
Date of initial notice in the Federal
Register: February 28, 2017 (82 FR
12138). The supplemental letter dated
March 6, 2017, provided additional
information that clarified the
application, did not expand the scope of
the application as originally noticed,
and did not change the staff’s original
proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 28, 2017.
No significant hazards consideration
comments received: No.
TEX Operations Company LLC, Docket
Nos. 50–445 and 50–446, Comanche
Peak Nuclear Power Plant (CPNPP),
Unit Nos. 1 and 2, Somervell County,
Texas
Date of amendment request:
December 14, 2016.
Brief description of amendments: The
amendments revised the licensee name
from ‘‘TEX Operations Company LLC’’
to ‘‘Vistra Operations Company LLC’’ in
the CPNPP, Unit No. 1, Facility
Operating License (FOL) NPF–87;
CPNPP, Unit No. 2, FOL (NPF–89); and
the title page of the Environmental
Protection Plan.
Date of issuance: June 29, 2017.
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Effective date: As of the date of
issuance and shall be implemented
within 30 days from the date of
issuance.
Amendment Nos.: 169 (Unit 1) and
169 (Unit 2). A publicly-available
version is in ADAMS under Accession
No. ML17129A024; documents related
to these amendments are listed in the
Safety Evaluation enclosed with the
amendments.
Facility Operating License Nos. NPF–
87 and NPF–89: The amendments
revised the Facility Operating Licenses.
Date of initial notice in Federal
Register: February 28, 2017 (82 FR
12139).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated June 29, 2017.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 6th day
of July 2017.
For the Nuclear Regulatory Commission.
Eric J. Benner,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2017–14743 Filed 7–17–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–285; NRC–2017–0160]
Omaha Public Power District; Fort
Calhoun Station, Unit No. 1
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a October 7,
2016, request from Omaha Public Power
District (OPPD or the licensee), from
certain regulatory requirements. The
exemption would permit a certified fuel
handler (CFH), in addition to a licensed
senior operator, to approve the
emergency suspension of security
measures for Fort Calhoun Station, Unit
No. 1 (FCS) during certain emergency
conditions or during severe weather.
DATES: The exemption was issued on
July 7, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2017–0160 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
SUMMARY:
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
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for Docket ID NRC–2017–0160. 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 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:
James Kim, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington DC 20555–
0001; telephone: 301–415–4125; email:
James.Kim@nrc.gov.
I. Background
Omaha Public Power District (OPPD)
is the holder of Renewed Facility
Operating License No. DPR–40 for Fort
Calhoun Station (FCS). 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 pressurized-water reactor
located in Washington County,
Nebraska.
By letter dated August 25, 2016
(ADAMS Accession No. ML16242A127),
OPPD submitted a certification to the
NRC indicating it would permanently
cease power operations at FCS on
October 24, 2016. On October 24, 2016,
OPPD permanently ceased power
operation at FCS. On November 13,
2016 (ADAMS Accession No.
ML16319A254), OPPD certified that it
had permanently defueled the FCS
reactor vessel.
In accordance with § 50.82(a)(1)(i) and
(ii), and § 50.82(a)(2) of title 10 of the
Code of Federal Regulations (10 CFR),
the specific license for the facility no
longer authorizes reactor operation, or
emplacement or retention of fuel in the
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respective reactor vessel, after
certifications of permanent cessation of
operations and of permanent removal of
fuel from the reactor vessel are docketed
for FCS.
By letter dated June 21, 2017 (ADAMS
Accession No. ML17144A246), the NRC
approved the Certified Fuel Handler
Training and Retraining Program for
FCS that supports the exemption
request discussed herein. The CFH
Training and Retraining Program is to be
used to satisfy training requirements for
the plant personnel responsible for
supervising and directing the
monitoring, storage, handling, and
cooling of irradiated nuclear fuel in a
manner consistent with ensuring the
health and safety of the public. As
stated in section 10 CFR 50.2,
‘‘Definitions,’’ CFHs are qualified in
accordance with an NRC-approved
training program.
II. Request/Action
On October 7, 2016 (ADAMS
Accession No. ML16281A469), the
licensee requested an exemption from
§ 73.55(p)(1)(i) and (ii), pursuant to
§ 73.5, ‘‘Specific exemptions.’’ The
current § 73.55(p)(1)(i) and (ii)
regulations state that a licensed senior
operator, as a minimum, must approve
the suspension of security measures
during certain situations. The proposed
exemption would authorize an CFH, in
addition to the licensed senior operator,
to approve the suspension of security
measures under 10 CFR 73.55(p)(1)(i)
and (ii) at FCS.
III. Discussion
The NRC’s regulations related to
security address the potential need to
suspend security or safeguards measures
under certain conditions. Accordingly,
10 CFR 50.54(x) and (y), first published
in 1983, allow a licensee to take
reasonable 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 13966; April 1, 1983). As originally
issued, the deviation from license
conditions had to 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 § 73.55(a), which
provided that 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 specifications
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32891
that can provide adequate or equivalent
protection is immediately apparent. The
regulation further required that this
suspension be approved as a minimum
by a senior licensed operator prior to
taking action.
In 1996, the NRC made a number of
regulatory changes to address
decommissioning. One of the changes
was to amend § 50.54(x) and (y) to
authorize a non-licensed operator called
a ‘‘Certified Fuel Handler,’’ in addition
to a licensed senior operator, to approve
such protective steps. In addressing the
role of the CFH during emergencies in
§ 50.54(y), the Commission stated in the
proposed rule, ‘‘Decommissioning of
Nuclear Power Reactors’’ (60 FR 37374;
July 20, 1995):
• 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 1996 final rulemaking,
‘‘Decommissioning of Nuclear Power
Reactors’’ (61 FR 39278; July 29, 1996),
the NRC added the following definition
to § 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, this rule did
not propose or make parallel changes to
the provisions governing suspension of
security requirements set forth in
§ 73.55(a), and did not discuss the role
of a non-licensed CFH.
In the 2009 final rule, ‘‘Power Reactor
Security Requirements’’ (74 FR 13926;
March 27, 2009), the NRC moved the
security suspension requirements from
§ 73.55(a) to § 73.55(p)(1)(i) and (ii). The
role of a CFH was not discussed in this
rulemaking, so the suspension of
security measures in accordance with
§ 73.55(p) continued to require approval
as a minimum by a licensed senior
operator, even for a site that otherwise
is no longer operational.
However, pursuant to § 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.
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
A. The Exemption Is Authorized by Law
The requested exemption from
§ 73.55(p)(1)(i) and (ii) would allow a
CFH, in addition to a licensed senior
operator, to approve the suspension of
security measures, under certain
emergency conditions or severe
weather. The NRC’s current regulations
in 50.54(y) allow a CFH to suspend
security measures under certain
conditions. Granting the exemption
would align the licensee’s practice
under 73.55(p) with what is done under
50.54(y).
Consistent with 10 CFR 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.
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B. Will Not Endanger Life or Property or
the Common Defense and Security
Modifying the requirement to allow a
CFH, in addition to a licensed senior
operator, to 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, the requested exemption would
not exempt the licensee from meeting
the requirements set forth in 10 CFR
73.55(p)(2) that the ‘‘[s]uspended
security measures must be reinstated as
soon as conditions permit.’’ Therefore,
the exemption would not prevent the
licensee from meeting the underlying
purpose of § 73.55(p)(1)(i) to protect
public health and safety even after the
exemption is granted.
Second, the suspension for nonweather emergency conditions under
§ 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.’’ Therefore, the
exemption would not prevent the
licensee from meeting the underlying
purpose of § 73.55(p)(1)(i) to protect
public health and safety even after the
exemption is granted.
Third, the suspension for severe
weather under § 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
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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. Therefore, the exemption would
not prevent the licensee from meeting
the underlying purpose of
§ 73.55(p)(1)(ii) to protect the health and
safety of the security force.
Fourth, by letter dated June 21, 2017,
the NRC approved OPPD’s CFH training
and retraining program for the FCS
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 will be
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 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
licensee’s physical security plan or
affect the licensee’s ability to protect
special nuclear material at FCS. Thus,
the exemption would not have an
adverse effect on the common defense
and security. For the reasons set forth
above, the NRC staff has concluded that
the exemption would not reduce
security measures currently in place to
protect against radiological sabotage.
Therefore, modifying the requirement to
allow a CFH, in addition to a licensed
senior operator, to approve the
suspension of security measures in an
emergency or during severe weather,
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
NRC regulations currently require that
a licensed senior operator at a minimum
must approve the suspension of security
measures in 10 CFR 73.55(p)(1)(i) and
(ii). However, since FCS is shutdown,
the licensee is not required to have a
licensed senior operator onsite.
Therefore, it is unclear how the licensee
would implement emergency or severe
weather suspensions of security
measures in the absence of a licensed
senior operator. Omaha Public Power
District’s proposed exemption would
allow a certified fuel handler, in
addition to a licensed senior operator, to
approve suspension of security
measures in an emergency when
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‘‘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.’’
Granting this exemption request to
authorize a CFH to approve temporary
suspension of security regulations
during an emergency or severe weather
would align with the comparable
authority given to the CFH in 10 CFR
50.54(y).
This exemption is in the interest of
the public for two reasons. First, the
exemption provides the licensee with an
efficient and rational method for
invoking the 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, as well as 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 a CFH
with the appropriate qualifications 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. These
provisions are consistent with the
authority provided by § 50.54(y).
Therefore, the exemption is in the
public interest.
D. Environmental Considerations
The NRC’s approval of the exemption
from certain 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
§ 51.22(c)(25).
Under § 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
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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 are in one of several
categories, including requirements
involving safeguard plans, and materials
control and accounting inventory
scheduling requirements; and
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 in
accordance with § 51.22(c)(25), involves
no significant hazards consideration
because permitting a CFH, in addition to
a licensed senior operator, to approve
the suspension of security requirements
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. Also there will be no
significant change in the types or a
significant increase in the amounts of
any effluents that may be released
offsite as well as 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 neither concerns
the source term (i.e., potential amount
of radiation in an accident), nor
accident mitigation measures. 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 departures from security
requirements involves safeguards plans,
materials control, and managerial and
organizational matters.
Therefore, pursuant to § 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), to
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authorize that the suspension of security
measures at FCS must be approved as a
minimum by either a licensed senior
operator or a certified fuel handler.
The exemption is effective upon
receipt.
Dated at Rockville, Maryland, this 7th day
of July 2017.
For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2017–15069 Filed 7–17–17; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81128; File No. SR–ISE–
2017–66]
Self-Regulatory Organizations; Nasdaq
ISE, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Eliminate Fees and
Rebates for Trades Executed on June
30, 2017 in INET Launch Symbols
July 12, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 30,
2017, Nasdaq ISE, LLC (‘‘ISE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Schedule of Fees to eliminate fees and
rebates for trades executed on June 30,
2017 in INET Launch Symbols.
The text of the proposed rule change
is available on the Exchange’s Web site
at www.ise.com, at the principal office
of the Exchange, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
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2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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32893
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend the Schedule of Fees
to eliminate fees and rebates for trades
executed on June 30, 2017 in the
following symbols: ACN, ACOR, AEO,
AFSI, AMJ, AOBC, BKD, BTE, BV, CBI,
CCL, CLR, CME, CNQ, ADM, ADSK,
AGNC, ASHR, BBT, BK, BSX, CIEN, and
IBM (‘‘INET Launch Symbols’’).3 This
change is being made in connection
with the migration of the Exchange’s
trading system to the Nasdaq INET
technology, which began on June 12,
2017.4 On June 9, 2017, the Exchange
filed a proposed rule change that
eliminated fees and rebates for trades in
FX Options that began trading on INET
with the launch of the re-platformed
trading system.5 In addition, on June 27,
2017 the Exchange filed another
proposed rule change that eliminated
fees and rebates for trades in symbol
KANG that began trading on INET on
that date.6 The Exchange now proposes
to similarly eliminate fees and rebates
for trades in INET Launch Symbols
executed on the INET trading system on
June 30, 2017. With this change, no fees
or rebates will be charged for executions
on INET during the month of June.
Because the Exchange is eliminating
fees and rebates for trades in these
products, trades in INET Launch
Symbols executed on June 30, 2017 will
not be counted towards a member’s tier
for June activity. In addition, activity in
the following INET Launch Symbols
that are Select Symbols 7 will not be
counted for purposes of determining
Market Maker Plus 8 tiers: ADM, ADSK,
3 The INET Launch Symbols will begin trading on
INET on June 30, 2017.
4 See Securities Exchange Act Release No. 80432
(April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–
ISE–2017–03).
5 See Securities Exchange Act Release No. 80999
(June 22, 2017) 82 FR 29354 (June 28, 2017) (SR–
ISE–2017–59).
6 See SR–ISE–2017–63 (publication pending).
7 ‘‘Select Symbols’’ are options overlying all
symbols listed on the Nasdaq ISE that are in the
Penny Pilot Program.
8 A Market Maker Plus is a Market Maker who is
on the National Best Bid or National Best Offer a
Continued
Sfmt 4703
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18JYN1
]]>Agencies
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32890-32893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15069]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285; NRC-2017-0160]
Omaha Public Power District; Fort Calhoun Station, Unit No. 1
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 October 7, 2016, request from Omaha Public
Power District (OPPD or the licensee), from certain regulatory
requirements. The exemption would permit a certified fuel handler
(CFH), in addition to a licensed senior operator, to approve the
emergency suspension of security measures for Fort Calhoun Station,
Unit No. 1 (FCS) during certain emergency conditions or during severe
weather.
DATES: The exemption was issued on July 7, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0160 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
[[Page 32891]]
for Docket ID NRC-2017-0160. 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 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: James Kim, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-
0001; telephone: 301-415-4125; email: James.Kim@nrc.gov.
I. Background
Omaha Public Power District (OPPD) is the holder of Renewed
Facility Operating License No. DPR-40 for Fort Calhoun Station (FCS).
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 pressurized-water reactor located in
Washington County, Nebraska.
By letter dated August 25, 2016 (ADAMS Accession No. ML16242A127),
OPPD submitted a certification to the NRC indicating it would
permanently cease power operations at FCS on October 24, 2016. On
October 24, 2016, OPPD permanently ceased power operation at FCS. On
November 13, 2016 (ADAMS Accession No. ML16319A254), OPPD certified
that it had permanently defueled the FCS reactor vessel.
In accordance with Sec. 50.82(a)(1)(i) and (ii), and Sec.
50.82(a)(2) of title 10 of the Code of Federal Regulations (10 CFR),
the specific license for the facility no longer authorizes reactor
operation, or emplacement or retention of fuel in the respective
reactor vessel, after certifications of permanent cessation of
operations and of permanent removal of fuel from the reactor vessel are
docketed for FCS.
By letter dated June 21, 2017 (ADAMS Accession No. ML17144A246),
the NRC approved the Certified Fuel Handler Training and Retraining
Program for FCS that supports the exemption request discussed herein.
The CFH Training and Retraining Program is to be used to satisfy
training requirements for the plant personnel responsible for
supervising and directing the monitoring, storage, handling, and
cooling of irradiated nuclear fuel in a manner consistent with ensuring
the health and safety of the public. As stated in section 10 CFR 50.2,
``Definitions,'' CFHs are qualified in accordance with an NRC-approved
training program.
II. Request/Action
On October 7, 2016 (ADAMS Accession No. ML16281A469), the licensee
requested an exemption from Sec. 73.55(p)(1)(i) and (ii), pursuant to
Sec. 73.5, ``Specific exemptions.'' The current Sec. 73.55(p)(1)(i)
and (ii) regulations state that a licensed senior operator, as a
minimum, must approve the suspension of security measures during
certain situations. The proposed exemption would authorize an CFH, in
addition to the licensed senior operator, to approve the suspension of
security measures under 10 CFR 73.55(p)(1)(i) and (ii) at FCS.
III. Discussion
The NRC's regulations related to security address the potential
need to suspend security or safeguards measures under certain
conditions. Accordingly, 10 CFR 50.54(x) and (y), first published in
1983, allow a licensee to take reasonable 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 13966; April 1, 1983). As originally issued,
the deviation from license conditions had to 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 Sec. 73.55(a), which provided that 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
specifications that can provide adequate or equivalent protection is
immediately apparent. The regulation further required that this
suspension be approved as a minimum by a senior licensed operator prior
to taking action.
In 1996, the NRC made a number of regulatory changes to address
decommissioning. One of the changes was to amend Sec. 50.54(x) and (y)
to authorize a non-licensed operator called a ``Certified Fuel
Handler,'' in addition to a licensed senior operator, to approve such
protective steps. In addressing the role of the CFH during emergencies
in Sec. 50.54(y), the Commission stated in the proposed rule,
``Decommissioning of Nuclear Power Reactors'' (60 FR 37374; July 20,
1995):
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 1996 final rulemaking, ``Decommissioning of Nuclear Power
Reactors'' (61 FR 39278; 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, this rule did not propose or make parallel
changes to the provisions governing suspension of security requirements
set forth in Sec. 73.55(a), and did not discuss the role of a non-
licensed CFH.
In the 2009 final rule, ``Power Reactor Security Requirements'' (74
FR 13926; March 27, 2009), the NRC moved the security suspension
requirements from Sec. 73.55(a) to Sec. 73.55(p)(1)(i) and (ii). The
role of a CFH was not discussed in this rulemaking, so the suspension
of security measures in accordance with Sec. 73.55(p) continued to
require approval as a minimum by a licensed senior operator, even for a
site that otherwise is no longer operational.
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.
[[Page 32892]]
A. The Exemption Is Authorized by Law
The requested exemption from Sec. 73.55(p)(1)(i) and (ii) would
allow a CFH, in addition to a licensed senior operator, to approve the
suspension of security measures, under certain emergency conditions or
severe weather. The NRC's current regulations in 50.54(y) allow a CFH
to suspend security measures under certain conditions. Granting the
exemption would align the licensee's practice under 73.55(p) with what
is done under 50.54(y).
Consistent with 10 CFR 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
Modifying the requirement to allow a CFH, in addition to a licensed
senior operator, to 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, the requested exemption would not exempt the licensee from
meeting the requirements set forth in 10 CFR 73.55(p)(2) that the
``[s]uspended security measures must be reinstated as soon as
conditions permit.'' Therefore, 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 even after the exemption is granted.
Second, the suspension for non-weather 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.'' Therefore, 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 even after the exemption is granted.
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. Therefore, 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.
Fourth, by letter dated June 21, 2017, the NRC approved OPPD's CFH
training and retraining program for the FCS 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 will
be 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 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 licensee's physical security plan or affect the
licensee's ability to protect special nuclear material at FCS. Thus,
the exemption would not have an adverse effect on the common defense
and security. For the reasons set forth above, the NRC staff has
concluded that the exemption would not reduce security measures
currently in place to protect against radiological sabotage. Therefore,
modifying the requirement to allow a CFH, in addition to a licensed
senior operator, to approve the suspension of security measures in an
emergency or during severe weather, 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
NRC regulations currently require that a licensed senior operator
at a minimum must approve the suspension of security measures in 10 CFR
73.55(p)(1)(i) and (ii). However, since FCS is shutdown, the licensee
is not required to have a licensed senior operator onsite. Therefore,
it is unclear how the licensee would implement emergency or severe
weather suspensions of security measures in the absence of a licensed
senior operator. Omaha Public Power District's proposed exemption would
allow a certified fuel handler, in addition to a licensed senior
operator, 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.'' Granting this
exemption request to authorize a CFH to approve temporary suspension of
security regulations during an emergency or severe weather would align
with the comparable authority given to the CFH in 10 CFR 50.54(y).
This exemption is in the interest of the public for two reasons.
First, the exemption provides the licensee with an efficient and
rational method for invoking the 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, as well as 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 a CFH with the appropriate qualifications 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. These provisions are consistent with the 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 from certain 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
[[Page 32893]]
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 are in one of several categories,
including requirements involving safeguard plans, and materials control
and accounting inventory scheduling requirements; and 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 in accordance with Sec. 51.22(c)(25), involves no
significant hazards consideration because permitting a CFH, in addition
to a licensed senior operator, to approve the suspension of security
requirements 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. Also there
will be no significant change in the types or a significant increase in
the amounts of any effluents that may be released offsite as well as 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 neither concerns the source term (i.e., potential
amount of radiation in an accident), nor accident mitigation measures.
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 departures from security requirements
involves safeguards plans, materials control, and managerial and
organizational 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), to authorize that the suspension of security measures at FCS
must be approved as a minimum by either a licensed senior operator or a
certified fuel handler.
The exemption is effective upon receipt.
Dated at Rockville, Maryland, this 7th day of July 2017.
For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2017-15069 Filed 7-17-17; 8:45 am]
BILLING CODE 7590-01-P
