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Category:Exemption from NRC Requirements
MONTHYEARML20162A1572020-06-30030 June 2020 Part 20 App G Exemption Evaluation LIC-20-0006, (Fcs), Unit 1, Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E2020-03-26026 March 2020 (Fcs), Unit 1, Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E ML18025A3922018-03-29029 March 2018 Letter, Indemnity Agreement, and Exemption from 10 CFR 140.11(a)(4) Related to Offsite Primary and Secondary Liability Insurance (CAC No. MF9664; EPID L-2017-LLE-0013) ML18025A4022018-03-29029 March 2018 Exemption from 10 CFR 140.11(a)(4) Related to Offsite Primary and Secondary Liability Insurance (CAC No. MF9664; EPID L-2017-LLE-0013) ML18031A0602018-03-29029 March 2018 Exemption from 10 CFR 50.54(w)(1) to Allow a Reduction in Onsite Property Damage Insurance for Post-Accident Site Decontamination (CAC No. MF9665; EPID L-2017-LLE-0014) ML18031A0572018-03-29029 March 2018 Letter, Exemption from 10 CFR 50.54(w)(1) to Allow a Reduction in On-Site Property Damage Insurance for Post-Accident Site Decontamination (CAC No. MF9665; EPID L-2017-LLE-0014) NRC-2017-0223, FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003)2017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17278A1782017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17263B1982017-12-11011 December 2017 Letter and Safety Evaluation, Request for Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17263B1912017-12-11011 December 2017 Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC No. MF9067; EPID L-2016-LLE-0003) ML17067A3462017-07-0707 July 2017 Letter, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler NRC-2017-0160, FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler2017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler ML17067A3422017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler ML13274A0262013-10-28028 October 2013 FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements NRC-2013-0243, FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements2013-10-28028 October 2013 FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements ML13157A1392013-06-11011 June 2013 FRN, Exemption from Requirements of 10 CFR 26.205(d)(7) to Allow Less Restrictive Working Hour Limitations to Support Activities for Plant Startup from Current Extended Outage ML1126404112011-10-0505 October 2011 Exemption from the Requirements of Appendix E, Sections IV.F.2.b and C of 10 CFR Part 50 Related to Biennial Emergency Preparedness Exercise ML1127700102011-10-0505 October 2011 Exemption to Extend Compliance Date to 11/5/2013 for One Specific Requirement of 10 CFR 73.55(a)(1) NRC-2011-0239, Exemption from the Requirements of Appendix E, Sections IV.F.2.b and C of 10 CFR Part 50 Related to Biennial Emergency Preparedness Exercise2011-10-0505 October 2011 Exemption from the Requirements of Appendix E, Sections IV.F.2.b and C of 10 CFR Part 50 Related to Biennial Emergency Preparedness Exercise ML1126404002011-10-0505 October 2011 Cover Letter, Exemption from the Requirements of 10 CFR Part 50, Appendix F, Sections IV.F.2.B and C ML1006304512010-03-23023 March 2010 FRN: General Notice. Fort Calhoun Station, Unit 1 - Exemption from 10 CFR Part 73 Physical Security Requirements ML1006304472010-03-23023 March 2010 Exemption from 10 CFR Part 73 Physical Security Requirements NRC-2010-0087, FRN: General Notice. Fort Calhoun Station, Unit 1 - Exemption from 10 CFR Part 73 Physical Security Requirements2010-03-23023 March 2010 FRN: General Notice. Fort Calhoun Station, Unit 1 - Exemption from 10 CFR Part 73 Physical Security Requirements ML0900504382009-02-0606 February 2009 Transmittal Letter, Exemption from Requirements of 10 CFR Part 50, Appendix R, Section III.G.1.b for Fire Area 31 ML0619902072006-08-17017 August 2006 Issuance of Exemption for Use of M5 LIC-06-0056, Request for Exemption from Nuhoms Certificate of Compliance No. 1004, Amendment No. 82006-06-0909 June 2006 Request for Exemption from Nuhoms Certificate of Compliance No. 1004, Amendment No. 8 ML0325105232003-09-0808 September 2003 Exemption from 10 CFR Part 20 Definition of Total Effective Dose Equivalent TAC MB7242 ML0321101802003-07-30030 July 2003 Exemption, Requirements of Appendix G to 10 CFR Part 50 ML0202400072002-02-28028 February 2002 Exemption from the Requirements of Appendix G to Part 50 of Title 10 of the Code of Federal Regulations 2020-06-30
[Table view] Category:Federal Register Notice
MONTHYEARML23333A1092023-12-27027 December 2023 Federal Register Notice - Fort Calhoun Station, Unit 1, License Termination Plan Finding of No Significant Impact ML22178A0472022-07-0404 July 2022 Enclosure - Federal Register Notice - Fort Calhoun Station, Unit 1 - FRN on Public Meeting and Request for Comment on License Termination Plan (License No. DPR-40, Docket No. 50-285) ML21055A4002021-05-14014 May 2021 Enclosure 1: Environmental Assessments and Findings of No Significant Impact of Independent Spent Fuel Storage Facilities Decommissioning Funding Plans Federal Register Notice ML19179A1242019-07-11011 July 2019 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Consideration and Containing SUNSI & SGI & Order Imposing Procedures for Access to SUNSI & SGI: August 6, 2019 ML18318A3602018-11-19019 November 2018 FRN Document for Partial Site Release Requests (License DPR-40,Docket Nos. 50-285 and 72-54) NRC-2017-0238, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 20182017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 ML17353A1922017-12-21021 December 2017 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 2, 2018 NRC-2017-0223, FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003)2017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17278A1782017-12-19019 December 2017 FRN, Exemption from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition (CAC MF9067; EPID L-2016-LLE-0003) ML17261A3432017-11-21021 November 2017 FRN, Environmental Assessment and Finding of No Significant Impact Re Exemption Request from 10 CFR 50.47 and 10 CFR 50 Appendix E to Reduce Emergency Planning Requirements for Permanently Defueled Condition ML17172A7352017-10-0404 October 2017 FRN, Partial Exemption from 10 CFR 50, Appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) Regarding Record Retention Requirements NRC-2017-0202, FRN, Partial Exemption from 10 CFR 50, Appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) Regarding Record Retention Requirements2017-10-0404 October 2017 FRN, Partial Exemption from 10 CFR 50, Appendix B, 10 CFR 50.59(d)(3), and 10 CFR 50.71(c) Regarding Record Retention Requirements NRC-2017-0175, Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 20172017-08-0404 August 2017 Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 2017 ML17213A1842017-08-0404 August 2017 Biweekly Sholly Report - Federal Register Notice Fr Publication Date: August 15, 2017 NRC-2017-0160, FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler2017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler ML17067A3422017-07-0707 July 2017 FRN, Request for Exemption from Specific Provisions in 10 CFR 73.55 Related to Suspension of Security Measures for Licensed Senior Operator or Certified Fuel Handler NRC-2017-0099, FRN, Notification of the Availability of the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments2017-04-0707 April 2017 FRN, Notification of the Availability of the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments ML17094A7952017-04-0707 April 2017 Letter, Notification of the Availability of Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments ML17094A7972017-04-0707 April 2017 FRN, Notification of the Availability of the Post-Shutdown Decommissioning Activities Report and Site-Specific Decommissioning Cost Estimate and Notice of Meeting to Discuss and Accept Comments ML16232A0892016-08-24024 August 2016 Letter, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation ML16232A0882016-08-24024 August 2016 FRN, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation NRC-2016-0096, FRN, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation2016-08-24024 August 2016 FRN, Withdrawal of an Amendment Request, Changes to Fire Protection License Condition Revised Commitment to Modify Plant Systems as Part of NFPA 805 Implementation NRC-2016-0040, FRN, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements2016-08-0202 August 2016 FRN, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements ML16209A3692016-08-0202 August 2016 Letter, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements ML16209A3702016-08-0202 August 2016 FRN, Withdrawal of Requested Licensing Action, License Amendment Request to Revise Current Licensing Basis to Use American Concrete Institute (Aci) Ultimate Strength Requirements ML16173A1222016-06-24024 June 2016 FRN, Withdrawal of Requested Licensing Action, Request to Revise Current Licensing Basis as Described in the Final Safety Analysis Report to Allow Equipment Classification Methodology from ANSI/ANS-58.14-2011 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 ML15356A5992015-12-29029 December 2015 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: January 5, 2016 NRC-2015-0269, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 20152015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15328A5502015-11-27027 November 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: December 8, 2015 ML15231A8382015-08-21021 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 2015 NRC-2015-0204, Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 20152015-08-21021 August 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - September 1, 2015 ML15128A1432015-06-0303 June 2015 G20110506/LTR-11-0402/EDATS: SECY-2011-0402, G20110492/LTR-11-0382/EDATS: OEDO-2011-0387 - FRN, 2.206 Final Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station NRC-2012-0014, G20110506/LTR-11-0402/EDATS: SECY-2011-0402, G20110492/LTR-11-0382/EDATS: OEDO-2011-0387 - FRN, 2.206 Final Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station (TAC Nos. ME6681 and2015-06-0303 June 2015 G20110506/LTR-11-0402/EDATS: SECY-2011-0402, G20110492/LTR-11-0382/EDATS: OEDO-2011-0387 - FRN, 2.206 Final Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station (TAC Nos. ME6681 and ME66 ML15062A3732015-04-15015 April 2015 G20110506/LTR-11-0402 and G20110492/LTR-11-0382 - 2.206 Proposed Director'S Decision, Petitioner Thomas Saporito Related to Cooper Nuclear Station and Fort Calhoun Station NRC-2014-0159, FRN, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra2015-04-0606 April 2015 FRN, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra ML15092A1842015-04-0606 April 2015 FRN, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra ML15092A1822015-04-0606 April 2015 Letter, Withdrawal of License Amendment Request to Revise Updated Safety Analysis Report, to Permit Use of Design and Evaluation of Seismic Class I Structures Using Ascm Developed Floor Response Spectra ML15022A6532015-01-26026 January 2015 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 3, 2015 NRC-2014-0249, FRN, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months2014-11-10010 November 2014 FRN, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months ML14311A6612014-11-10010 November 2014 FRN, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months ML14311A6602014-11-10010 November 2014 Letter, Individual Notice of Consideration of Issuance of Amendment, Revise Technical Specification Surveillance Requirements for One-Time Extension from Refueling Frequency of Once Per 18 Months to Maximum of 28 Months NRC-2014-0193, Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 20142014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 ML14233A2082014-08-22022 August 2014 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: September 2, 2014 ML14204A5922014-07-25025 July 2014 FRN, Notice of Withdrawal of License Amendment Application, Revise TS 2.0.1, General Requirements, and TS 2.7, Electrical Systems, for Inoperable System, Subsystem, or Component Due to Inoperable Power Source ML14204A5782014-07-25025 July 2014 Notice of Withdrawal of License Amendment Application, Revise TS 2.0.1, General Requirements, and TS 2.7, Electrical Systems, for Inoperable System, Subsystem, or Component Due to Inoperable Power Source ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations ML14037A4142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 NRC-2014-0028, Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 20142014-02-10010 February 2014 Biweekly Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 18, 2014 ML13274A0262013-10-28028 October 2013 FRN, Exemption Related to Use of Less Restrictive Work Hour Limitations During First 60 Days of Outage, in Lieu of 10 CFR 26.205(d)(7) Requirements 2023-12-27
[Table view] |
Text
[7590-01-P]
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 for Docket ID NRC-2017-0160. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail 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.
- NRCs PDR: You may examine and purchase copies of public documents at the NRCs 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; e-mail: 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 2
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 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.
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III. Discussion The NRCs 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 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.
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- 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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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 NRCs current regulations in 50.54(y) allow a CFH to suspend security measures under certain conditions. Granting the exemption would align the licensees 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 licensees 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 § 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 § 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 6
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 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 OPPDs 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 licensees physical security plan or affect the licensees 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 7
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 Districts 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 licensees proposed exemption would allow the licensee to designate a CFH with the appropriate qualifications for a 8
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 NRCs 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 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 9
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 licensees 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.
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The exemption is effective upon receipt.
Dated at Rockville, Maryland, this 7th day of July 2017.
For the Nuclear Regulatory Commission.
/RA/
Kathryn M. Brock, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
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