Omaha Public Power District; Fort Calhoun Station, Unit No. 1, 32890-32893 [2017-15069]

Download as PDF 32890 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 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. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 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 http://www.regulations.gov and search SUMMARY: E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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 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: 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 VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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. E:\FR\FM\18JYN1.SGM 18JYN1 32892 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. sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 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 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 ‘‘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 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 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 PO 00000 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00109 Fmt 4703 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 E:\FR\FM\18JYN1.SGM 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.

-----------------------------------------------------------------------

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 http://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 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: 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