NL-19-011, Request for Exemption from Specific Provisions in 10 CFR 73.55

Request for Exemption from Specific Provisions in 10 CFR 73.55

ML19105B237
Person / Time
Site:	Indian Point, 07200001
Issue date:	04/15/2019
From:	Halter M Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
NL-19-011
Download: ML19105B237 (9)

Text

Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5573 Mandy K. Halter Director, Nuclear Licensing 10 CFR 73.5 NL-19-011 April 15, 2019 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Request for Exemption from Specific Provisions in 10 CFR 73.55 Indian Point Nuclear Generating Units 2 and 3 NRC Docket Nos. 50-247, 50-286, and 72-51 Renewed Facility Operating License Nos. DPR-26 and DPR-64

References:

1) Entergy Nuclear Operations, Inc., (Entergy) letter to U.S. Nuclear Regulatory Commission (NRC), "Notification of Permanent Cessation of Power Operations," dated February 8, 2017 (Letter NL-17-021)

(ADAMS Accession No. ML17044A004)

2) Entergy letter to NRC, "Request for Approval of a Certified Fuel Handler Training and Retraining Program," dated April 15, 2019 (Letter NL-19-012)

(ADAMS Accession No. ML19105A632)

In accordance with 10 CFR 73.5, "Specific Exemptions," Entergy Nuclear Operations, Inc.

(Entergy) 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 Indian Point Nuclear Generating Units 2 and 3 (IP2 and IP3). 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 this action. Entergy is requesting an exemption from these rules to allow either a licensed senior operator or a Certified Fuel Handler (CFH) to approve the suspension of security measures, following the submittal of the certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel in accordance with 10 CFR 50.82(a)(1)(i) and (ii).

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), which includes a provision regarding the CFH for facilities that have submitted the certifications required by 10 CFR 50.82(a)(1)(i) and (ii). The Enclosure to this letter provides the justification for the requested exemption.

NL-19-011 Page 2 of 2 On February 8, 2017, in accordance with 10 CFR 50.82(a)(1)(i), Entergy notified the U.S.

Nuclear Regulatory Commission (NRC) that it intends to permanently cease power operations of IP2 and IP3, no later than April 30, 2020 and April 30, 2021 respectively (Reference 1). After the certifications of permanent cessation of power operations and permanent removal of fuel from the reactor vessel are submitted in accordance with 10 CFR 50.82(a)(1)(i) and (ii), the 10 CFR Part 50 license will no longer authorize reactor operation or emplacement or retention of fuel in the reactor vessel in accordance with 10 CFR 50.82(a)(2). To support the decommissioning of IP2 and IP3, Entergy submitted a CFH Training and Retraining Program for NRC approval in Reference 2.

Entergy requests approval of this exemption request by March 31, 2020, with an effective date that follows NRC approval of the IP2 and IP3 CFH Training and Retraining Program (Reference

2) and submittal of the certifications required by 10 CFR 50.82(a)(1).

Should you have any questions or require additional information, please contact Robert W.

Walpole at 914-254-6710.

This letter contains no new regulatory commitments.

Respectfully, Mandy K. Halter MKH//rww/aye

Enclosure:

Request for Exemption from Specific Provisions in 10 CFR 73.55 cc: Regional Administrator, NRC Region I NRC Senior Resident Inspector, Indian Point Nuclear Generating Units 2 and 3 NRC Senior Project Manager, NRC/NRR/DORL President and CEO, NYSERDA New York State Public Service Commission NYS Department of Health - Radiation Control Program NYS Emergency Management Agency

Enclosure NL-19-011 Request for Exemption from Specific Provisions in 10 CFR 73.55 Indian Point Nuclear Generating Units 2 and 3 NRC Docket Nos. 50-247 & 50-286 Renewed Facility Operating License DPR-26 & DPR-64 (6 Pages)

NL-19-011 Enclosure Page 1 of 6 I. PROPOSED EXEMPTION In accordance with 10 CFR 73.5, "Specific Exemptions," Entergy Nuclear Operations, Inc.

(Entergy) is requesting an exemption from 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) for Indian Point Nuclear Generating Units 2 and 3 (IP2 and IP3, collectively referred to as IPEC),

related to the suspension of security measures in an emergency or during severe weather.

These rules require that the suspension of security measures be approved by a licensed senior operator before taking the action.

Consistent with 10 CFR 50.54(y), the proposed exemption would allow either a licensed senior operator or a Certified Fuel Handler (CFH) to approve the suspension of security measures in an emergency or during severe weather at IPEC, after Entergy has submitted the certifications required under 10 CFR 50.82(a)(1) and the NRC has approved the IP2 and IP3 CFH Training and Retraining Program (Reference 2).

II. BACKGROUND On February 8, 2017, in accordance with 10 CFR 50.82(a)(1)(i), Entergy notified the NRC that it intends to permanently cease power operations of IP2 and IP3 no later than April 30, 2020 and April 30, 2021 respectively (Reference 1). After the certifications of permanent cessation of power operations and permanent removal of fuel from the reactor vessel are submitted in accordance with 10 CFR 50.82(a)(1)(i) and (ii), the 10 CFR Part 50 license will no longer authorize reactor operation or emplacement or retention of fuel in the IP2 and IP3 reactor vessels, in accordance with 10 CFR 50.82(a)(2).

III. BASIS FOR EXEMPTION 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 for IPEC as nuclear power reactor facilities for which the certifications required under 10 CFR 50.82(a)(1) have been submitted.

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 submitted, by either a licensed senior operator or a certified fuel handler, prior to taking the action."

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."

NL-19-011 Enclosure Page 2 of 6 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 §§ 50.54(x) and 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 facility undergoing decommissioning. In proposing this provision (Reference 3), 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, application of 10 CFR 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) to require approval by a licensed senior operator for a facility that is permanently shutdown and defueled is not necessary to achieve the underlying purpose of the regulations.

IV. JUSTIFICATION FOR EXEMPTION The specific conditions for granting an exemption from regulations in 10 CFR Part 73 are set forth in 10 CFR 73.5. In accordance with 10 CFR 73.5, the NRC is authorized to grant an exemption from the requirements of the regulations in 10 CFR Part 73 as it determines are:

(i) authorized by law, (ii) will not endanger life or property or the common defense and security, and (iii) is otherwise in the public interest.

NL-19-011 Enclosure Page 3 of 6 The following addresses each of these conditions and demonstrates that the NRC may grant the exemption request in accordance with the regulations.

The Exemption Request is Authorized by Law The NRC's authority to grant an exemption from its regulations in 10 CFR Part 73 is established by law as discussed in 10 CFR 73.5. Therefore, granting an exemption is explicitly authorized by the NRC's regulations.

The Exemption Request Will Not Endanger Life or Property or the Common Defense and Security 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 IP2 and IP3 (i.e., a facility for which the certifications required by 10 CFR 50.82(a)(1) will have been submitted) will not endanger life or property. The CFH will be sufficiently trained and qualified to approve the suspension of security measures. 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 adversely affect public health and safety or the assurance of the common defense and security.

The Exemption is 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 IPEC does not present a risk to the public health and safety. The exemption will allow a trained, qualified individual to approve the suspension of security measures in an emergency or during severe weather. The exemption will maintain the current level of safety, will be consistent with 10 CFR 50.54(y), and will avoid an unnecessary impact on the decommissioning trust fund from the costs associated with maintaining a redundant training program.

V. ENVIRONMENTAL ASSESSMENT The proposed exemption meets the eligibility criterion for categorical exclusion set forth in 10 CFR 51.22(c)(25), because the proposed exemption involves: (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 the exemption is sought involve safeguards plans or other requirements of an administrative, managerial or organizational nature. Therefore, in accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed exemption.

NL-19-011 Enclosure Page 4 of 6 (i) No Significant Hazards Consideration Determination Entergy 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, as discussed below:

1. Does the proposed exemption involve a significant increase in the probability or consequences of an accident previously evaluated?

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 Indian Point Nuclear Generating Units 2 and 3 (IP2 and IP3) (i.e., a facility for which the certifications required by 10 CFR 50.82(a)(1) will have been submitted). 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 IP2 and IP3 Final Safety Analysis Report, and therefore would not increase the consequences of an accident previously evaluated. The proposed exemption will not affect the probability of occurrence of any previously analyzed accident. Therefore, the proposed exemption does not involve a significant increase in the probability or consequences of an accident previously evaluated.

2. Does the proposed exemption create the possibility of a new or different kind of accident from any accident previously evaluated?

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 the facility is normally operated, 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?

The proposed exemption does not alter the design basis or any safety limits for the facility. The proposed exemption does not impact station operation or any facility SSC that is relied upon for accident mitigation. Therefore, the proposed exemption does not involve a significant reduction in a margin of safety.

NL-19-011 Enclosure Page 5 of 6 Based on the above, Entergy concludes that a finding of "no significant hazards consideration" is justified for the proposed exemption.

(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

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 facility 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 exemption would not result in any increases in individual or cumulative occupational radiation exposure on either the workforce or the public. There are no changes in normal occupational doses. Likewise, design basis accident dose is not impacted by the proposed exemption.

(iv) There is no significant construction impact.

No construction activities are associated with the proposed exemption.

(v) There is no significant increase in the potential for consequences from radiological accidents.

The discussion in Item (i) above (i.e., the no significant hazards consideration) validates that the proposed exemption will not result in significant increase in the potential for consequences from radiological accidents.

(vi) The requirements from which exemptions are sought involve safeguard plans or 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, so it does involve a safeguards plan.

NL-19-011 Enclosure Page 6 of 6 VI. CONCLUSION As demonstrated above, Entergy 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.

VII. PRECEDENCE The proposed exemption request is consistent with the exemptions currently in effect for the permanently shutdown and defueled Vermont Yankee Nuclear Power Station, for which an exemption was issued on February 12, 2015 (Reference 4); for the permanently shutdown and defueled Kewaunee Power Station, for which an exemption was issued on July 25, 2014 (Reference 5); and for the permanently shutdown and defueled Crystal River Nuclear Plant, Unit 3, for which an exemption was issued on December 9, 2014 (Reference 6).

VIII. REFERENCES

1. Entergy Nuclear Operations, Inc., (Entergy) letter to U.S. Nuclear Regulatory Commission (NRC), "Notification of Permanent Cessation of Power Operations," dated February 8, 2017 (Letter NL-17-021) (ADAMS Accession No. ML17044A004)

2. Entergy letter to NRC, "Request for Approval of a Certified Fuel Handler Training and Retraining Program," dated April 15, 2019 (Letter NL-19-012) (ADAMS Accession No. ML19105A632)

3. Federal Register Notice, Vol. 60, No. 139 (60 FR 37374), "Decommissioning of Nuclear Power Reactors," dated July 20, 1995

4. NRC letter to Entergy Nuclear Operations, Inc., "Vermont Yankee Nuclear Power Station -

Exemption from the Requirements of 10 CFR Part 73, Section 55(p)(1)(i) and (p)(1)(ii)

Related to the Suspension of Security Measures for an Emergency or During Severe Weather (TAC No. MF2992)," dated February 12, 2015 (ADAMS Accession No. ML14266A387)

5. NRC letter to Dominion Energy Kewaunee, Inc., "Kewaunee Power Station - Exemption from the Requirements of 10 CFR Part 73, Section 55(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures for an Emergency or During Severe Weather (TAC No.

MF2265)," dated July 25, 2014 (ADAMS Accession No. ML14176A980)

6. NRC letter to Crystal River Nuclear Plant, "Crystal River Unit 3 Nuclear Generating Plant -

Exemption from the Requirements of 10 CFR Part 73, Section 55(p)(1)(i) and (p)(1)(ii)

Related to the Suspension of Security Measures for an Emergency or During Severe Weather (TAC No. MF2562), dated December 9, 2014 (ADAMS Accession No. ML14176B078)