Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station, 42320-42322 [2018-17988]
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices
B. Submitting Comments
Please include Docket ID NRC–2018–
0159 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Discussion
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On August 1, 2018, the NRC solicited
comments on its draft ISG on DFPs for
materials licensees. The purpose of this
ISG is to provide NRC staff and industry
with guidance based on developments
and lessons learned regarding financial
assurance since the last update to
NUREG–1757, Volume 3. The ISG
covers decommissioning cost estimates
describing current facility conditions,
evaluating events since the last DFP
approval, and updates for certain
financial instruments. The public
comment period was originally
scheduled to close on September 17,
2018. The NRC has decided to extend
the public comment period on this
document until October 5, 2018, to
allow more time for industry and
members of the public to submit their
comments.
Dated at Rockville, Maryland, this 14th day
of August 2018.
For the Nuclear Regulatory Commission.
Andrea L. Kock,
Deputy Director, Division of
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2018–17983 Filed 8–20–18; 8:45 am]
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The text of
NUCLEAR REGULATORY
COMMISSION
SUPPLEMENTARY INFORMATION:
[Docket Nos. 50–271 and 72–59; NRC–2018–
0179]
Dated at Rockville, Maryland, this 16th day
of August 2018.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
the exemption is attached.
Entergy Nuclear Operations, Inc.;
Vermont Yankee Nuclear Power
Station
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
Attachment—Exemption
The U.S. Nuclear Regulatory
Commission (NRC) has issued an
exemption in response to a May 24,
2018, request from Entergy Nuclear
Operations, Inc., for an exemption of up
to 3 months from certain security
training schedule requirements for the
Vermont Yankee Nuclear Power Station.
DATES: The exemption was issued on
July 31, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2018–0179 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0179. Address
questions about NRC dockets to Jennifer
Borges; telephone: 301–287–9127;
email: Jennifer.Borges@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jack
D. Parrott, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6634, email: Jack.Parrott@nrc.gov.
SUMMARY:
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UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION ENTERGY NUCLEAR
OPERATIONS, INC.; VERMONT
YANKEE NUCLEAR POWER STATION
DOCKET NOS. 50–271 AND 72–59
EXEMPTION
1.0 BACKGROUND
Entergy Nuclear Operations, Inc.
(ENO or the licensee) is the holder of
Facility Operating License No. DPR–28
for the Vermont Yankee Nuclear Power
Station (VY) in Windham County,
Vermont. The license provides, among
other things, that the facility is subject
to all rules, regulations, and orders of
the Nuclear Regulatory Commission
(NRC or the Commission) now or
hereafter in effect. The facility now
consists of a permanently shut down
and decommissioning boiling water
reactor and associated Independent
Spent Fuel Storage Installation (ISFSI).
The licensee is in the process of
transferring the remaining spent fuel
from the spent fuel pool into dry storage
canisters that are then placed in
concrete overpacks and stored on the
ISFSI pad. Concurrently, the licensee
received, by letter dated July 25, 2018
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML18165A423), NRC
approval of a license amendment for
implementation of a revised Physical
Security Plan (PSP) to meet the security
requirements of an ISFSI-only
configuration for spent fuel storage at
the site. The effective date of the ISFSIonly PSP approval is the date on which
the licensee notifies the NRC in writing
that all of the spent nuclear fuel
assemblies have been transferred out of
the spent fuel pool and have been
placed in dry storage within the ISFSI.
Implementation of the ISFSI-only PSP
shall be within 90 days of the effective
date of the approval of the amendment.
2.0 REQUEST/ACTION
By letter dated May 24, 2018, and
pursuant to 10 CFR 73.5, ‘‘Specific
Exemptions,’’ ENO requested an
exemption from certain schedule
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requirements of 10 CFR part 73,
Appendix B, Section VI.A.7, which
covers training and qualification plans
for personnel performing security
program duties at nuclear power
reactors (ADAMS Accession No.
ML18150A337). Attachment 2 to the
request letter contains security-related
information and, accordingly, is not
available to the public.
10 CFR part 73, Appendix B, Section
VI.A.7, states—
Annual requirements must be scheduled
at a nominal twelve (12) month
periodicity. Annual requirements may
be completed up to three (3) months
before or three (3) months after the
scheduled date. However, the next
annual training must be scheduled
twelve (12) months from the previously
scheduled date rather than the date the
training was actually completed.
The scheduled dates for the
completion of specified 2018 annual
training for certain weapons training
and security exercises at VY were May
9, 2018, and June 6, 2018. Consequently,
the deadlines for completing these
activities (taking into account the 3month allowance provided in 10 CFR
part 73, Appendix B, Section VI.A.7) are
August 7, 2018, and September 4, 2018.
This exemption was requested to
allow the completion date for specified
annual training for certain weapons
training and security exercises to be no
later than November 7, 2018, which
would be a 3-month extension from the
current due date based on the regulation
referenced above. The express purpose
of the request is to move the completion
due date for the specified annual
training past the expected
implementation date of the NRCapproved revision of the current PSP to
an ISFSI-only PSP. Implementation of
the ISFSI-only PSP will be performed
after the remaining spent fuel is loaded
and placed on the ISFSI pad. Because
specific security annual training is not
required for sites with an ISFSI-only
configuration for spent nuclear fuel, this
exemption would allow the licensee to
delay completion of the training until
such time as it is no longer required.
The required implementation date for
the ISFSI-only PSP is within 90 days
from the date that the licensee notifies
the NRC in writing that all spent nuclear
fuel assemblies have been transferred
out of the spent fuel pool and have been
placed in dry storage within the ISFSI.
The expected completion date for the
transfer to dry fuel storage is August
2018. As described in spent fuel cask
registration letters dated May 31, 2018
(ADAMS Accession No. ML18156A132)
and June 12, 2018 (ADAMS Accession
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No. ML18172A127), the licensee has
loaded four MPC–68M multi-purpose
canisters between May 5, 2018, and June
5, 2018, and those canisters in turn have
been loaded into HI–STORM 100S
Version B overpacks and placed on the
ISFSI pad. Therefore, the current
loading campaign is capable of loading
and placing on the ISFSI pad
approximately one canister per week.
As of June 12, 2018, there were 9
canisters left to be loaded and placed on
the ISFSI pad. Therefore, the
completion of loading spent fuel into
canisters and placing them on the ISFSI
pad is considered achievable by the end
of August 2018. With this exemption,
the licensee will not be in violation of
the training schedule requirements of 10
CFR part 73, Appendix B, Section
VI.A.7, provided that, prior to
November 7, 2018, the licensee either
implements the ISFSI-only PSP, or
completes the noted specific security
training.
3.0 DISCUSSION OF EXEMPTION
FROM 10 CFR PART 73, APPENDIX B,
SECTION VI.A.7 TRAINING SCHEDULE
REQUIREMENTS
The NRC approval of this exemption
would allow an extension until
November 7, 2018, for certain annual
training required by 10 CFR part 73,
Appendix B, Section VI.A.7 (i.e.,
weapons training and security exercises
that are specifically referenced in
Attachment 2 to the licensee’s
exemption request (security-related
information)). Pursuant to 10 CFR 73.5,
the Commission may, upon application
by any interested person or upon its
own initiative, grant exemptions from
the requirements of 10 CFR part 73
when the exemptions are authorized by
law, and will not endanger life or
property or the common defense and
security, and are otherwise in the public
interest.
Authorized by Law
As explained in this SER, the
proposed exemption will not endanger
life or property, nor the common
defense and security, and is otherwise
in the public interest. Issuance of this
exemption is consistent with the Atomic
Energy Act of 1954, as amended, and
not otherwise inconsistent with the
NRC’s regulations or other applicable
laws. Therefore, issuance of the
exemption is authorized by law.
Will Not Endanger Life or Property or
the Common Defense and Security
Granting of the proposed exemption
will allow the completion dates of the
specified annual training and
qualification activities to be extended
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42321
beyond the scheduled completion dates
specified in 10 CFR part 73, Appendix
B Section VI.A.7. The exemption does
not affect the requirements for other
periodic, specifically quarterly and
trimester, security training activities
that will continue and will provide
training opportunities which ensure the
proficiency of the training staff during
the limited time affected by the
schedule change. The proposed
exemption would not significantly
reduce the measures currently in place
to protect against radiological sabotage,
theft or diversion, or significantly
reduce the overall effectiveness of the
PSP, Training and Qualification Plan, or
Safeguards Contingency Plan. Therefore,
granting the exemption will not
endanger life or property or the common
defense and security.
Is Otherwise in the Public Interest
Completing the annual training by the
dates required by 10 CFR part 73,
Appendix B, Section VI.A.7 would
divert site personnel from the role of
providing support and oversight of the
ongoing dry fuel storage loading
campaign with little benefit considering
the short amount of time that the
remaining spent fuel would be in the
spent fuel pool after the current due
date for the training. Allowing the
ongoing cask loading campaign to
continue without interruptions imposed
by the annual training would support
safety and efficiency for those activities
and more expeditious completion of the
transfer of irradiated fuel out of the
spent fuel pool. Granting an exemption
from the annual training would also
avoid diverting site resources from
providing support for ongoing efforts to
complete construction, testing, training,
and implementation of the features
associated with the ISFSI-only PSP.
The proposed exemption would allow
annual training to be rescheduled
beyond the current schedule date for
completing the transfer of irradiated fuel
from the spent fuel pool to dry storage.
The exemption would not reduce
overall protection of the facility and
stored irradiated fuel, but would
maintain the current level of safety and
security, and would avoid diverting site
personnel attention from completing the
transfer of spent fuel to dry storage.
Therefore, the proposed exemption is in
the public interest.
4.0 ENVIRONMENTAL
CONSIDERATIONS
Under 10 CFR 51.22(c)(25), granting
of an exemption from the requirements
of any regulation of Chapter I falls
within a categorical exclusion to the
environmental review requirements of
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Part 51, provided that (i) there is no
significant hazards consideration; (ii)
there is no significant change in the
types or significant increase in the
amounts of any effluents that may be
released offsite; (iii) there is no
significant increase in individual or
cumulative public or occupational
radiation exposure; (iv) there is no
significant construction impact; (v)
there is no significant increase in the
potential for or consequences from
radiological accidents; and (vi) the
requirements from which an exemption
is sought are among those identified in
10 CFR 51.22(c)(25)(vi).
The Director, Division of
Decommissioning, Uranium Recovery,
and Waste Programs, has determined
that approval of the exemption request
involves no significant hazards
consideration because allowing the
licensee to have an exemption of up to
3 months from certain schedule
requirements of 10 CFR part 73,
Appendix B, ‘‘General Criteria for
Security Personnel,’’ for VY does not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The exemption from
certain schedule requirements of 10 CFR
part 73, Appendix B, Section VI.A.7 is
unrelated to any operational restriction.
Accordingly, there is no significant
change in the types or significant
increase in the amounts of any effluents
that may be released offsite; and no
significant increase in individual or
cumulative public or occupational
radiation exposure. The exempted
regulation is not associated with
construction, so there is no significant
construction impact. The exempted
regulation does not concern the source
term (i.e., potential amount of radiation
in an accident), nor mitigation. Thus,
there is no significant increase in the
potential for or consequences from
radiological accidents. The
requirements from which the exemption
is sought fall within categories
identified in 10 CFR 51.22(c)(25)(vi),
specifically scheduling requirements, as
well as education, weapons training,
training exercises, qualification,
requalification or other employment
suitability requirements.
Therefore, pursuant to 10 CFR
51.22(b) and 51.22(c)(25), no
environmental impact statement or
environmental assessment need be
prepared in connection with the
approval of this exemption request.
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5.0 CONCLUSION FOR 10 CFR PART
73, APPENDIX B, SECTION VI.A.7
SCHEDULE EXEMPTION REQUEST
The NRC staff has reviewed the
licensee’s submittals and concludes that
the licensee has justified its request for
an extension of certain 10 CFR part 73,
Appendix B, Section VI.A.7 security
training schedules to November 7, 2018.
Accordingly, the NRC has determined
that pursuant to 10 CFR 73.5, ‘‘Specific
exemptions,’’ an exemption from certain
10 CFR part 73, Appendix B, Section
VI.A.7 security training schedule
requirements is authorized by law and
will not endanger life or property or the
common defense and security, and is
otherwise in the public interest. The
NRC hereby grants the requested
exemption.
The NRC staff has determined that
efficiencies will be gained if the NRCapproved ISFSI-only PSP is
implemented within 90 days of the
completion of removal of spent fuel
from the VY spent fuel pool. The NRC
has concluded that approving the
licensee’s exemption request is in the
best interest of protecting the public
health and safety through the
efficiencies gained by not having to
perform the currently scheduled annual
security training shortly before the
removal of spent fuel from the spent
fuel pool and placement in the ISFSI,
which would make the scheduled
training moot.
This exemption expires on November
7, 2018. By that time, the licensee is
required to have implemented its ISFSIonly PSP, or be in full compliance with
the security training schedule
requirements of 10 CFR part 73,
Appendix B, Section VI.A.7.
Pursuant to 10 CFR 51.22(c)(25), NRC
has determined that granting of an
exemption from the requirements of 10
CFR part 73, Appendix B, Section
VI.A.7 falls within a categorical
exclusion to the environmental review
requirements of Part 51.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 31st day
of July 2018.
For The Nuclear Regulatory Commission
Andrea Kock,
Acting Director, Division of
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2018–17988 Filed 8–20–18; 8:45 am]
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OFFICE OF PERSONNEL
MANAGEMENT
Federal Prevailing Rate Advisory
Committee; Open Committee Meetings
Office of Personnel
Management.
ACTION: Notice of Federal Prevailing
Rate Advisory Committee Meeting Dates
in 2018.
AGENCY:
According to the provisions of section
10 of the Federal Advisory Committee
Act (Pub. L. 92–463), notice is hereby
given that meetings of the Federal
Prevailing Rate Advisory Committee
will be held on—
Thursday, September 20, 2018
Thursday, October 18, 2018
Thursday, November 15, 2018
Thursday, December 20, 2018
The meetings will start at 10 a.m. and
will be held in Room 5A06A, Office of
Personnel Management Building, 1900 E
Street, NW, Washington, DC.
The Federal Prevailing Rate Advisory
Committee is composed of a Chair, five
representatives from labor unions
holding exclusive bargaining rights for
Federal prevailing rate employees, and
five representatives from Federal
agencies. Entitlement to membership on
the Committee is provided for in 5
U.S.C. 5347.
The Committee’s primary
responsibility is to review the Prevailing
Rate System and other matters pertinent
to establishing prevailing rates under
subchapter IV, chapter 53, 5 U.S.C., as
amended, and from time to time advise
the Office of Personnel Management.
These scheduled meetings are open to
the public with both labor and
management representatives attending.
During the meetings either the labor
members or the management members
may caucus separately to devise strategy
and formulate positions. Premature
disclosure of the matters discussed in
these caucuses would unacceptably
impair the ability of the Committee to
reach a consensus on the matters being
considered and would disrupt
substantially the disposition of its
business. Therefore, these caucuses will
be closed to the public because of a
determination made by the Director of
the Office of Personnel Management
under the provisions of section 10(d) of
the Federal Advisory Committee Act
(Pub. L. 92–463) and 5 U.S.C.
552b(c)(9)(B). These caucuses may,
depending on the issues involved,
constitute a substantial portion of a
meeting.
Annually, the Chair compiles a report
of pay issues discussed and concluded
recommendations. These reports are
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[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42320-42322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17988]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-271 and 72-59; NRC-2018-0179]
Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power
Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to a May 24, 2018, request from Entergy Nuclear
Operations, Inc., for an exemption of up to 3 months from certain
security training schedule requirements for the Vermont Yankee Nuclear
Power Station.
DATES: The exemption was issued on July 31, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0179 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0179. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this
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 [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jack D. Parrott, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6634, email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated at Rockville, Maryland, this 16th day of August 2018.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
Attachment--Exemption
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.; VERMONT
YANKEE NUCLEAR POWER STATION
DOCKET NOS. 50-271 AND 72-59
EXEMPTION
1.0 BACKGROUND
Entergy Nuclear Operations, Inc. (ENO or the licensee) is the
holder of Facility Operating License No. DPR-28 for the Vermont Yankee
Nuclear Power Station (VY) in Windham County, Vermont. The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the Nuclear Regulatory Commission
(NRC or the Commission) now or hereafter in effect. The facility now
consists of a permanently shut down and decommissioning boiling water
reactor and associated Independent Spent Fuel Storage Installation
(ISFSI).
The licensee is in the process of transferring the remaining spent
fuel from the spent fuel pool into dry storage canisters that are then
placed in concrete overpacks and stored on the ISFSI pad. Concurrently,
the licensee received, by letter dated July 25, 2018 (Agencywide
Documents Access and Management System (ADAMS) Accession No.
ML18165A423), NRC approval of a license amendment for implementation of
a revised Physical Security Plan (PSP) to meet the security
requirements of an ISFSI-only configuration for spent fuel storage at
the site. The effective date of the ISFSI-only PSP approval is the date
on which the licensee notifies the NRC in writing that all of the spent
nuclear fuel assemblies have been transferred out of the spent fuel
pool and have been placed in dry storage within the ISFSI.
Implementation of the ISFSI-only PSP shall be within 90 days of the
effective date of the approval of the amendment.
2.0 REQUEST/ACTION
By letter dated May 24, 2018, and pursuant to 10 CFR 73.5,
``Specific Exemptions,'' ENO requested an exemption from certain
schedule
[[Page 42321]]
requirements of 10 CFR part 73, Appendix B, Section VI.A.7, which
covers training and qualification plans for personnel performing
security program duties at nuclear power reactors (ADAMS Accession No.
ML18150A337). Attachment 2 to the request letter contains security-
related information and, accordingly, is not available to the public.
10 CFR part 73, Appendix B, Section VI.A.7, states--
Annual requirements must be scheduled at a nominal twelve (12) month
periodicity. Annual requirements may be completed up to three (3)
months before or three (3) months after the scheduled date. However,
the next annual training must be scheduled twelve (12) months from the
previously scheduled date rather than the date the training was
actually completed.
The scheduled dates for the completion of specified 2018 annual
training for certain weapons training and security exercises at VY were
May 9, 2018, and June 6, 2018. Consequently, the deadlines for
completing these activities (taking into account the 3-month allowance
provided in 10 CFR part 73, Appendix B, Section VI.A.7) are August 7,
2018, and September 4, 2018.
This exemption was requested to allow the completion date for
specified annual training for certain weapons training and security
exercises to be no later than November 7, 2018, which would be a 3-
month extension from the current due date based on the regulation
referenced above. The express purpose of the request is to move the
completion due date for the specified annual training past the expected
implementation date of the NRC-approved revision of the current PSP to
an ISFSI-only PSP. Implementation of the ISFSI-only PSP will be
performed after the remaining spent fuel is loaded and placed on the
ISFSI pad. Because specific security annual training is not required
for sites with an ISFSI-only configuration for spent nuclear fuel, this
exemption would allow the licensee to delay completion of the training
until such time as it is no longer required.
The required implementation date for the ISFSI-only PSP is within
90 days from the date that the licensee notifies the NRC in writing
that all spent nuclear fuel assemblies have been transferred out of the
spent fuel pool and have been placed in dry storage within the ISFSI.
The expected completion date for the transfer to dry fuel storage is
August 2018. As described in spent fuel cask registration letters dated
May 31, 2018 (ADAMS Accession No. ML18156A132) and June 12, 2018 (ADAMS
Accession No. ML18172A127), the licensee has loaded four MPC-68M multi-
purpose canisters between May 5, 2018, and June 5, 2018, and those
canisters in turn have been loaded into HI-STORM 100S Version B
overpacks and placed on the ISFSI pad. Therefore, the current loading
campaign is capable of loading and placing on the ISFSI pad
approximately one canister per week. As of June 12, 2018, there were 9
canisters left to be loaded and placed on the ISFSI pad. Therefore, the
completion of loading spent fuel into canisters and placing them on the
ISFSI pad is considered achievable by the end of August 2018. With this
exemption, the licensee will not be in violation of the training
schedule requirements of 10 CFR part 73, Appendix B, Section VI.A.7,
provided that, prior to November 7, 2018, the licensee either
implements the ISFSI-only PSP, or completes the noted specific security
training.
3.0 DISCUSSION OF EXEMPTION FROM 10 CFR PART 73, APPENDIX B, SECTION
VI.A.7 TRAINING SCHEDULE REQUIREMENTS
The NRC approval of this exemption would allow an extension until
November 7, 2018, for certain annual training required by 10 CFR part
73, Appendix B, Section VI.A.7 (i.e., weapons training and security
exercises that are specifically referenced in Attachment 2 to the
licensee's exemption request (security-related information)). Pursuant
to 10 CFR 73.5, the Commission may, upon application by any interested
person or upon its own initiative, grant exemptions from the
requirements of 10 CFR part 73 when the exemptions are authorized by
law, and will not endanger life or property or the common defense and
security, and are otherwise in the public interest.
Authorized by Law
As explained in this SER, the proposed exemption will not endanger
life or property, nor the common defense and security, and is otherwise
in the public interest. Issuance of this exemption is consistent with
the Atomic Energy Act of 1954, as amended, and not otherwise
inconsistent with the NRC's regulations or other applicable laws.
Therefore, issuance of the exemption is authorized by law.
Will Not Endanger Life or Property or the Common Defense and Security
Granting of the proposed exemption will allow the completion dates
of the specified annual training and qualification activities to be
extended beyond the scheduled completion dates specified in 10 CFR part
73, Appendix B Section VI.A.7. The exemption does not affect the
requirements for other periodic, specifically quarterly and trimester,
security training activities that will continue and will provide
training opportunities which ensure the proficiency of the training
staff during the limited time affected by the schedule change. The
proposed exemption would not significantly reduce the measures
currently in place to protect against radiological sabotage, theft or
diversion, or significantly reduce the overall effectiveness of the
PSP, Training and Qualification Plan, or Safeguards Contingency Plan.
Therefore, granting the exemption will not endanger life or property or
the common defense and security.
Is Otherwise in the Public Interest
Completing the annual training by the dates required by 10 CFR part
73, Appendix B, Section VI.A.7 would divert site personnel from the
role of providing support and oversight of the ongoing dry fuel storage
loading campaign with little benefit considering the short amount of
time that the remaining spent fuel would be in the spent fuel pool
after the current due date for the training. Allowing the ongoing cask
loading campaign to continue without interruptions imposed by the
annual training would support safety and efficiency for those
activities and more expeditious completion of the transfer of
irradiated fuel out of the spent fuel pool. Granting an exemption from
the annual training would also avoid diverting site resources from
providing support for ongoing efforts to complete construction,
testing, training, and implementation of the features associated with
the ISFSI-only PSP.
The proposed exemption would allow annual training to be
rescheduled beyond the current schedule date for completing the
transfer of irradiated fuel from the spent fuel pool to dry storage.
The exemption would not reduce overall protection of the facility and
stored irradiated fuel, but would maintain the current level of safety
and security, and would avoid diverting site personnel attention from
completing the transfer of spent fuel to dry storage. Therefore, the
proposed exemption is in the public interest.
4.0 ENVIRONMENTAL CONSIDERATIONS
Under 10 CFR 51.22(c)(25), granting of an exemption from the
requirements of any regulation of Chapter I falls within a categorical
exclusion to the environmental review requirements of
[[Page 42322]]
Part 51, provided that (i) there is no significant hazards
consideration; (ii) there is no significant change in the types or
significant increase in the amounts of any effluents that may be
released offsite; (iii) there is no significant increase in individual
or cumulative public or occupational radiation exposure; (iv) there is
no significant construction impact; (v) there is no significant
increase in the potential for or consequences from radiological
accidents; and (vi) the requirements from which an exemption is sought
are among those identified in 10 CFR 51.22(c)(25)(vi).
The Director, Division of Decommissioning, Uranium Recovery, and
Waste Programs, has determined that approval of the exemption request
involves no significant hazards consideration because allowing the
licensee to have an exemption of up to 3 months from certain schedule
requirements of 10 CFR part 73, Appendix B, ``General Criteria for
Security Personnel,'' for VY does not (1) involve a significant
increase in the probability or consequences of an accident previously
evaluated; or (2) create the possibility of a new or different kind of
accident from any accident previously evaluated; or (3) involve a
significant reduction in a margin of safety. The exemption from certain
schedule requirements of 10 CFR part 73, Appendix B, Section VI.A.7 is
unrelated to any operational restriction. Accordingly, there is no
significant change in the types or significant increase in the amounts
of any effluents that may be released offsite; and no significant
increase in individual or cumulative public or occupational radiation
exposure. The exempted regulation is not associated with construction,
so there is no significant construction impact. The exempted regulation
does not concern the source term (i.e., potential amount of radiation
in an accident), nor mitigation. Thus, there is no significant increase
in the potential for or consequences from radiological accidents. The
requirements from which the exemption is sought fall within categories
identified in 10 CFR 51.22(c)(25)(vi), specifically scheduling
requirements, as well as education, weapons training, training
exercises, qualification, requalification or other employment
suitability requirements.
Therefore, pursuant to 10 CFR 51.22(b) and 51.22(c)(25), no
environmental impact statement or environmental assessment need be
prepared in connection with the approval of this exemption request.
5.0 CONCLUSION FOR 10 CFR PART 73, APPENDIX B, SECTION VI.A.7 SCHEDULE
EXEMPTION REQUEST
The NRC staff has reviewed the licensee's submittals and concludes
that the licensee has justified its request for an extension of certain
10 CFR part 73, Appendix B, Section VI.A.7 security training schedules
to November 7, 2018.
Accordingly, the NRC has determined that pursuant to 10 CFR 73.5,
``Specific exemptions,'' an exemption from certain 10 CFR part 73,
Appendix B, Section VI.A.7 security training schedule requirements is
authorized by law and will not endanger life or property or the common
defense and security, and is otherwise in the public interest. The NRC
hereby grants the requested exemption.
The NRC staff has determined that efficiencies will be gained if
the NRC-approved ISFSI-only PSP is implemented within 90 days of the
completion of removal of spent fuel from the VY spent fuel pool. The
NRC has concluded that approving the licensee's exemption request is in
the best interest of protecting the public health and safety through
the efficiencies gained by not having to perform the currently
scheduled annual security training shortly before the removal of spent
fuel from the spent fuel pool and placement in the ISFSI, which would
make the scheduled training moot.
This exemption expires on November 7, 2018. By that time, the
licensee is required to have implemented its ISFSI-only PSP, or be in
full compliance with the security training schedule requirements of 10
CFR part 73, Appendix B, Section VI.A.7.
Pursuant to 10 CFR 51.22(c)(25), NRC has determined that granting
of an exemption from the requirements of 10 CFR part 73, Appendix B,
Section VI.A.7 falls within a categorical exclusion to the
environmental review requirements of Part 51.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 31st day of July 2018.
For The Nuclear Regulatory Commission
Andrea Kock,
Acting Director, Division of Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-17988 Filed 8-20-18; 8:45 am]
BILLING CODE 7590-01-P
