RS-20-113, Request for Exemption from Specific Provisions in 10 CFR 73.55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather
| ML20272A212 | |
| Person / Time | |
|---|---|
| Site: | Dresden, Byron  |
| Issue date: | 09/28/2020 |
| From: | Simpson P Exelon Generation Co |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation |
| References | |
| RS-20-113 | |
| Download: ML20272A212 (11) | |
Text
4300 Winfield Road Warrenville, IL 60555 630 657 2000 Office 10 CFR 73.5 RS-20-113 September 28, 2020 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Byron Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. STN 50-454, STN 50-455 and 72-068 Dresden Nuclear Power Station, Units 2 and 3 Renewed Facility Operating License Nos. DPR-19 and DPR-25 NRC Docket Nos. 50-237, 50-249, and 72-037
Subject:
Request for Exemption from Specific Provisions in 10 CFR 73.55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather
References:
- 1. Letter from J. Bradley Fewell (Exelon Generation Company, LLC) to U.S.
Nuclear Regulatory Commission, "Certification of Permanent Cessation of Power Operations for Byron Station, Units 1 and 2," dated September 2, 2020 (NRC Accession No. ML20246G613)
- 2. Letter from J. Bradley Fewell (Exelon Generation Company, LLC) to U.S.
Nuclear Regulatory Commission, "Certification of Permanent Cessation of Power Operations for Dresden Nuclear Power Station, Units 2 and 3,"
dated September 2, 2020 (NRC Accession No. ML20246G627)
- 3. Letter from Patrick R. Simpson (Exelon Generation Company, LLC) to U.S.
Nuclear Regulatory Commission, "Request for Approval of Certified Fuel Handler Training and Retraining Program," dated September 24, 2020 (NRC Accession No. ML20269A233)
- 4. Letter from John B. Hickman (U.S. Nuclear Regulatory Commission) to Michael J. Pacilio (Exelon Nuclear), "Dresden Nuclear Power Station Unit 1
- Issuance of Exemption from Security Requirements of 10 CFR Part 50 and a Partial Exemption From 10 CFR Part 73 (TAC NO. J00387)," dated May 17, 2011 (NRC Accession Nos. ML ML103570261 and ML103570272)
In References 1 and 2, Exelon Generation Company, LLC (Exelon) provided formal notification to the U.S. Nuclear Regulatory Commission (NRC) pursuant to 10 CFR 50.4(b)(8) and 10 CFR 50.82(a)(1)(i) of Exelon's intention to permanently cease power operations at Byron Station
U.S. Nuclear Regulatory Commission September 28, 2020 Page 2 (Byron), Units 1 and 2, on or before September 30, 2021, and Dresden Nuclear Power Station (Dresden), Units 2 and 3, on or before November 30, 2021.
Once the certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessel are submitted for each Byron Unit and Dresden Units 2 and 3, in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2), the 10 CFR 50 licenses will no longer authorize reactor operation or emplacement or retention of fuel in the respective Units reactor vessel. As a result, licensed operators will no longer be required to support operating activities. Instead, Certified Fuel Handlers (CFHs) will be utilized to facilitate activities associated with decommissioning, and irradiated fuel handling and management. In Reference 3 Exelon requested NRC approval of the Exelon Certified Fuel Handler Training and Retraining Program for Byron and Dresden.
Dresden, Unit 1, has previously been granted an exemption from 10 CFR 73.55(p) (Reference 4).
In accordance with 10 CFR 73.5, "Specific Exemptions," Exelon requests an exemption from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii), related to the suspension of security measures in an emergency or during severe weather for Byron and Dresden. 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii), require that the suspension of security measures be approved by a licensed senior operator before taking action. Exelon is requesting an exemption from these rules to allow either a licensed senior operator or a CFH to approve the suspension of security measures. Approval of this exemption request will align 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) with 10 CFR 50.54(y) for Byron and Dresden. The details of the 10 CFR 73.5 exemption request are attached.
Exelon requests approval of the subject exemption request by August 13, 2021, to support the timely transition of Byron and Dresden to a permanently shutdown and defueled facility. Exelon requests that the approved exemption become effective for Byron following submittal of the certifications required by 10 CFR 50.82(a)(1) that Byron, Units 1 and 2, have been permanently shutdown and defueled, and for Dresden following submittal of the certifications required by 10 CFR 50.82(a)(1) that Dresden, Units 2 and 3, have been permanently shutdown and defueled.
There are no regulatory commitments contained within this submittal.
Should you have any questions regarding this submittal, please contact Leslie E. Holden at (630) 657-2524.
Respectfully, Patrick R. Simpson Sr. Manager Licensing Exelon Generation Company, LLC
U.S. Nuclear Regulatory Commission September 28, 2020 Page 3
Attachment:
Request for Exemption from Specific Provisions in 10 CFR 73.55 cc: NRC Regional Administrator - NRC Region III NRC Project Manager, NRR - Dresden, Units 2 and 3 NRC Senior Resident Inspector - Dresden NRC Project Manager, NMSS - Dresden, Unit 1 NRC Project Manager, NRR - Byron Station NRC Senior Resident Inspector - Byron Station Director, NRC Division of Fuel Management, NMSS Illinois Emergency Management Agency - Division of Nuclear Safety
ATTACHMENT Byron Station, Units 1 and 2 NRC Docket Nos. STN 50-454, STN 50-455 and 72-068 Dresden Nuclear Power Station, Units 2 and 3 NRC Docket Nos. 50-237, 50-249, and 72-037 Request for Exemption from Specific Provisions in 10 CFR 73.55
REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 I. SPECIFIC EXEMPTION REQUEST On September 2, 2020, Exelon Generation Company, LLC (Exelon) provided formal notifications to the U.S. Nuclear Regulatory Commission (NRC) (References 1 and 2) of Exelon's determination to permanently cease power operations at Byron Station (Byron), Units 1 and 2, on or before September 30, 2021, and Dresden Nuclear Power Station (Dresden), Units 2 and 3, on or before November 30, 2021. These notifications were submitted in accordance with 10 CFR 50.4(b)(8) and 10 CFR 50.82(a)(1)(i). After certifications of permanent cessation of power operations and of permanent removal of fuel from the reactor vessels are submitted in accordance with 10 CFR 50.82(a)(1)(i) and (ii), and pursuant to 10 CFR 50.82(a)(2), the 10 CFR 50 licenses for these units will no longer authorize reactor operation or placement or retention of fuel in the reactor vessels.
As a result, licensed operators will no longer be required to support facility operating activities.
Instead, Certified Fuel Handlers (CFHs) will be utilized to facilitate activities associated with decommissioning, and irradiated fuel handling and management.
In accordance with 10 CFR 73.5, "Specific Exemptions," Exelon requests an exemption from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii), related to the suspension of security measures in an emergency or during severe weather for Byron and Dresden. These rules require that the suspension of security measures be approved by a licensed senior operator before taking action. Consistent with 10 CFR 50.54(y), the proposed exemption would allow either a licensed senior operator or a CFH to approve the suspension of security measures in an emergency or during severe weather after the certifications required under 10 CFR 50.82(a)(1) have been submitted and the NRC has approved the CFH Training and Retraining Program for Byron and Dresden submitted in Reference 3.
Dresden, Unit 1, has previously been granted an exemption from 10 CFR 73.55(p) (Reference 4).
II. BASIS FOR EXEMPTION REQUEST Approval of this exemption request will align 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) with 10 CFR 50.54(y) and 10 CFR 50.2 as nuclear power reactor facilities for which the certifications required under 10 CFR 50.82(a)(1) have been submitted.
10 CFR 50.54(x) states:
A licensee may take reasonable action that departs from a license condition or a technical specification (contained in a license issued under this part) 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.
10 CFR 50.54(y) states:
Licensee action permitted by paragraph (x) of this section shall be approved, as a minimum, by a licensed senior operator, or, at a nuclear power reactor facility for which the certifications required under 10 CFR 50.82(a)(1) have been Page 1 of 7
REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 submitted, by either a licensed senior operator or a certified fuel handler, prior to taking the action.
10 CFR 73.55(p) states:
(1) The licensee may suspend implementation of affected requirements of this section under the following conditions:
(i) In accordance with 10 CFR 50.54(x) and 10 CFR 50.54(y) of this chapter, the licensee may suspend any security measures under this section 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. This suspension of security measures must be approved as a minimum by a licensed senior operator before taking this action.
(ii) During severe weather 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. This suspension of security measures must be approved, as a minimum, by a licensed senior operator, with input from the security supervisor or manager, before taking this action.
10 CFR 50.2 provides the following definition:
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.
The permissibility and equivalency of decision making by a CFH is reflected in 10 CFR 50.54(y),
which was promulgated as part of a rulemaking to clarify and codify practices that have been accepted for licensees of a unit being decommissioned. In proposing this provision (Reference 5), the NRC explained:
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.
Therefore, compliance with 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) requiring licensed senior operator approval for a facility that is permanently shutdown and defueled is not necessary to achieve the underlying purpose of the regulations.
The specific conditions for granting an exemption from regulations in 10 CFR 73 are set forth in 10 CFR 73.5. In accordance with 10 CFR 73.5, the NRC is authorized to grant exemptions from the requirements of 10 CFR 73 as it determines are: (i) authorized by law, (ii) will not endanger life or property or the common defense and security, and (iii) are otherwise in the public interest.
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REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 The following addresses each of these conditions and demonstrates that the NRC may grant the exemption request pursuant to the regulations.
(i) Authorized by Law The exemption request from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) will remove the requirement that a licensed senior operator approve the suspension of security measures, under certain emergency conditions or during severe weather, and aligns these regulations with 10 CFR 50.54(y) by using the authority of a CFH, as defined in 10 CFR 50.2, in place of a licensed senior operator. In accordance with 10 CFR 73.5, the NRC's regulations allow for exemptions from the regulations in 10 CFR 73 as the NRC determines are authorized by law. Therefore, granting an exemption is explicitly authorized by the NRC's regulations.
(ii) Will Not Endanger Life or Property or the Common Defense and Security The suspended security measures will be reinstated as soon as conditions permit in accordance with 10 CFR 73.55(p)(2). The suspension of security measures for non-weather emergency conditions under 10 CFR 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 the license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent." The suspension of security measures for severe weather under 10 CFR 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 as well.
Approval of an exemption to allow as a minimum either a CFH or a licensed senior operator to suspend security measures in an emergency or during severe weather at Byron or Dresden once the certifications required by 10 CFR 50.82(a)(1) have been submitted for each respective facility, will not endanger life or property. The CFH will be trained and qualified to approve the suspension of security measures in accordance with the Exelon CFH Training and Retraining Program submitted for NRC review and approval in Reference 3. The exemption would not reduce the measures currently in place to protect against radiological sabotage. In addition, the common defense and security would not be adversely affected as a result of this exemption because the exemption does not reduce the overall effectiveness of the Physical Security Plan, Training and Qualification Plan, or Safeguards Contingency Plan.
Therefore, allowing a CFH or a licensed senior operator as a minimum to approve the suspension of security measures in an emergency or during severe weather does not endanger life or property or the common defense and security.
(iii) Is Otherwise in the Public Interest An exemption to allow either a CFH or a licensed senior operator to suspend security measures for an emergency or during severe weather at Byron or Dresden does not present a risk to the public health and safety. The exemption will allow a trained and qualified individual (i.e., a CFH) to approve the suspension of security measures in an Page 3 of 7
REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 emergency or during severe weather. The exemption permits Exelon to implement changes to its Security Plan to authorize a CFH to approve temporary suspension of security regulations during an emergency or severe weather, which would align the authority given to the CFH by the NRC when it promulgated 10 CFR 50.54(y). Once the certifications of permanent cessation of power operations and of permanent removal of fuel from each of the reactor vessels have been submitted for each respective facility in accordance with 10 CFR 50.82(a)(1)(i) and (ii), licensed operators will no longer be required to support facility operating activities. The exemption will maintain the current level of safety, be consistent with 10 CFR 50.54(y) and avoid an unnecessary impact on the decommissioning trust fund from the costs associated with maintaining a redundant training program (i.e., licensed operator training). Therefore, exempting requirements to obtain approval from a licensed senior operator, who is not otherwise required for a permanently shutdown and defueled reactor, before taking steps to protect the public health and safety, or to protect the safety of the security force, is in the public interest.
III. ENVIRONMENTAL ASSESSMENT Exelon has determined that the requested exemption meets the categorical exclusion provision in 10 CFR 51.22(c)(25), as the requested licensing action is an exemption from the requirements of the NRC's regulations and there is: (i) no significant hazards consideration; (ii) no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) no significant increase in individual or cumulative public or occupational radiation exposure; (iv) no significant construction impact; (v) no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve: safeguard plans, and materials control and accounting inventory scheduling requirements; or involve other requirements of an administrative, managerial, or organizational nature. The information provided below further supports the basis for determination.
(i) No Significant Hazards Consideration Exelon has evaluated the proposed exemption to determine whether or not a significant hazards consideration is involved by focusing on the three standards set forth in 10 CFR 50.92, "Issuance of amendment," as discussed below:
- 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No The proposed exemption would allow either a licensed senior operator or a CFH at each respective site (Byron or Dresden) to suspend security measures in an emergency or during severe weather following permanent cessation of operations and permanent removal of fuel from the reactor vessels. The proposed exemption has no effect on facility structures, systems, and components (SSCs) and no effect on the capability of any facility SSC to perform its design function and, therefore, would not increase the likelihood of a malfunction of any facility SSC. The proposed exemption does not alter any assumptions or methodology associated with the previously evaluated accidents in the Updated Final Safety Analysis Report at either Page 4 of 7
REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 site. The exemption will not affect the probability of occurrence of any previously analyzed accident.
The proposed exemption would allow either a licensed senior operator or a CFH to suspend security measures in an emergency or during severe weather at their respective site and, therefore, does not affect the ability to successfully respond to previously evaluated accidents or the radiological assumptions used in the evaluations. The exemption will not affect the consequences of any accidents previously evaluated.
Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of any accident previously evaluated.
- 2. Does the proposed exemption create the possibility of a new or different kind of accident from any accident previously evaluated?
Response: No The proposed exemption does not involve a physical alteration of the facility. No new or different type of equipment will be installed and there are no physical modifications to existing equipment associated with the proposed exemption.
Similarly, the proposed exemption would not physically change any SSCs involved in the mitigation of any accidents. Thus, no new initiators or precursors of a new or different kind of accident are created. Furthermore, the proposed exemption does not create the possibility of a new accident as a result of new failure modes associated with any equipment or personnel failures. No changes are being made to parameters within which either facility is normally maintained, or in the setpoints which initiate protective or mitigative actions, and no new failure modes are being introduced.
Therefore, the proposed exemption does not create the possibility of a new or different kind of accident from any accident previously evaluated.
- 3. Does the proposed exemption involve a significant reduction in a margin of safety?
Response: No The proposed exemption would allow either a licensed senior operator or a CFH at each respective site (Byron or Dresden) to suspend security measures in an emergency or during severe weather following permanent cessation of operations and permanent removal of fuel from the reactor vessels. The proposed exemption does not alter the design basis or any safety limits for either Byron or Dresden. The proposed exemption does not impact operation or any SSC that is relied upon for accident mitigation at either facility.
Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.
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REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 Based on the above, Exelon concludes that the proposed exemption does not involve a significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and accordingly, a finding of no significant hazards consideration is justified.
(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite The proposed exemption to the security regulations is unrelated to any operational restriction. There are no changes in the types, characteristics, or quantities of effluents discharged to the environment associated with the proposed exemption.
There are no materials or chemicals introduced into the facilities that could affect the characteristics or types of effluents released offsite. In addition, the method of operation of waste processing systems will not be affected by the exemption. The proposed exemption will not result in changes to the design basis requirements of SSCs that function to limit or monitor the release of effluents. All the SSCs associated with limiting the release of effluents will continue to be able to perform their functions. Therefore, the proposed exemption will result in no significant change to 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 The proposed exemption would allow either a licensed senior operator or a CFH at each respective site (Byron or Dresden) to suspend security measures in an emergency or during severe weather following permanent cessation of operations and permanent removal of fuel from the reactor vessels. The proposed exemption to the security regulation is unrelated to any operational restriction. There are no changes in normal occupational doses. Likewise, design basis accident doses are not impacted by the proposed exemption. Therefore, the exemption would result in no expected increases in individual or cumulative occupational radiation exposure on either the workforce or the public.
(iv) There is no significant construction impact No construction activities are associated with the proposed exemption and, therefore, there is no significant construction impact.
(v) There is no significant increase in the potential for or consequences from radiological accidents The proposed exemption would allow either a licensed senior operator or a CFH at each respective site Byron or Dresden) to suspend security measures in an emergency or during severe weather following permanent cessation of operations and permanent removal of fuel from the reactor vessels. The proposed exemption to the regulation does not affect the analyzed source terms, does not affect the ability to successfully respond to or mitigate any previously evaluated accidents, or the radiological assumptions used in the evaluations. The exemption will not affect the consequences of any accidents previously evaluated at either site. Therefore, the Page 6 of 7
REQUEST FOR EXEMPTION FROM SPECIFIC PROVISIONS IN 10 CFR 73.55 proposed exemption does not result in a significant increase in the potential for, or consequences of, a radiological accident.
(vi) The requirements from which an exemption is sought involve: safeguard plans, and materials control and accounting inventory scheduling requirements; or involve other requirements of an administrative, managerial, or organizational nature The purpose of the exemption is to change the requirements in 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) to permit either a licensed senior operator or a CFH to approve the suspension of security measures in an emergency or during severe weather. The requirement to have a licensed senior operator or a CFH approve departure from security actions may be viewed as involving safeguard plans.
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption.
IV. CONCLUSION As demonstrated above, Exelon considers that this exemption request is in accordance with the criteria of 10 CFR 73.5. Specifically, the requested exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. There is no adverse environmental impact associated with this exemption request as discussed above.
V. REFERENCES
- 1. Letter from J. Bradley Fewell (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "Certification of Permanent Cessation of Power Operations for Byron Station, Units 1 and 2," dated September 2, 2020 (NRC Accession No. ML20246G613)
- 2. Letter from J. Bradley Fewell (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "Certification of Permanent Cessation of Power Operations for Dresden Nuclear Power Station, Units 2 and 3," dated September 2, 2020 (NRC Accession No. ML20246G627)
- 3. Letter from Patrick R. Simpson (Exelon Generation Company, LLC) to U.S. Nuclear Regulatory Commission, "Request for Approval of Certified Fuel Handler and Retraining Training Program," dated September 24, 2020 (NRC Accession No. ML20269A233)
- 4. Letter from John B. Hickman (U.S. Nuclear Regulatory Commission) to Michael J.
Pacilio (Exelon Nuclear), "Dresden Nuclear Power Station Unit 1 - Issuance of Exemption from Security Requirements of 10 CFR Part 50 and a Partial Exemption From 10 CFR Part 73 (TAC NO. J00387)," dated May 17, 2011 (NRC Accession Nos. ML ML103570261 and ML103570272)
- 5. Federal Register Notice, Vol. 60, No. 139 (60 FR 37374), Decommissioning of Nuclear Power Reactors, dated July 20, 1995 Page 7 of 7