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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102167-102170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29695]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-188; NRC-2024-0190]

Kansas State University; Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a request dated March 7, 2024, as supplemented 
by letters dated June 11, October 4, and November 20, 2024, from Kansas 
State University (KSU). The exemption temporarily exempts three 
licensed senior reactor operators at KSU from the NRC's requirements 
regarding completing the facility's requalification program and 
actively performing the functions of a senior operator in order to 
allow them to resume maintenance activities involving fuel movement, 
fuel cleaning, and fuel inspection and to return the facility to normal 
operations.

DATES: The exemption was issued on December 5, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0190 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-2024-0190. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individuals listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected]. The exemption request dated March 
7, 2024, and the supplemental letters dated June 11, and October 4, and 
November 20, 2024, are available in ADAMS under Accession Nos. 
ML24085A808, ML24164A092, ML24281A032, and ML24326A142, respectively.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andrew Miller, telephone: 301-415-
3398; email: [email protected] and Duane Hardesty, telephone: 301-
415-3724; email: [email protected]. Both are staff of the Office 
of Nuclear Reactor Regulation at the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: December 12, 2024.
Duane A. Hardesty,
Senior Project Manager, Non-Power Production and Utilization Facility 
Licensing Branch, Division of Advanced Reactors and Non-Power 
Production and Utilization Facilities, Office of Nuclear Reactor 
Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket No. 50-188

Kansas State University Nuclear Reactor Facility; Exemption

I. Background

    Kansas State University (KSU) holds the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) Renewed Facility Operating License No. 
R-88 for the Kansas State University Nuclear Reactor Facility (the 
facility), which is a Training, Research, Isotopes, General Atomics 
(TRIGA) research reactor located on the KSU campus in Manhattan, 
Kansas. Under this license, KSU is authorized to operate the facility 
at steady-state power levels up to a maximum of 1,250 kilowatts 
(thermal) and in the pulse mode with reactivity insertions not to 
exceed specified limits. The license is subject to the rules, 
regulations, and orders of the NRC.

II. Request/Action

    By letter dated March 7, 2024 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML24085A808), as supplemented 
by letters dated June 11 (ML24164A092), October 4 (ML24281A032), and 
November 20 (ML24326A142), 2024, KSU requested a temporary exemption 
from Title 10 of the Code of Federal Regulations (10 CFR) 55.53, 
``Conditions of licenses,'' paragraphs (e), (f), and (h) and 10 CFR 
55.59, ``Requalification,'' paragraph (a) for three licensed senior 
reactor operators (Docket Nos. 055-71404, 055-70720, and 055-70722) at 
the facility in order to allow them to resume maintenance activities 
involving fuel movement, fuel cleaning, and fuel inspection and to 
return the facility to normal operations.
    The regulations at 10 CFR 55.53(e) state:

    If a licensee has not been actively performing the functions of 
an operator or senior operator, the licensee may not resume 
activities authorized by a license issued under [10 CFR part 55] 
except as permitted by paragraph (f) of this section. To maintain 
active status. . . [f]or test and research reactors, the licensee 
shall actively perform the functions of an operator or senior 
operator for a minimum of four hours per calendar quarter.

    The regulations at 10 CFR 55.53(f) state:

    If paragraph (e) of this section is not met, before resumption 
of functions authorized by a license issued under [10 CFR part 55], 
an authorized representative of the facility licensee shall certify 
the following:
    (1) That the qualifications and status of the licensee are 
current and valid; and
    (2) That the licensee has completed a minimum of 40 hours of 
shift functions under the direction of an operator or senior 
operator as appropriate and in the position to which the individual 
will be assigned. The 40 hours must have included a complete tour of 
the plant and all required shift turnover procedures. . . . For test 
and research reactors, a minimum of six hours must have been 
completed.

[[Page 102168]]

    The regulations at 10 CFR 55.53(h) state:

    The licensee shall complete a requalification program as 
described by [10 CFR] 55.59.

    And the regulations at 10 CFR 55.59(a) state:

    Each licensee shall--
    (1) Successfully complete a requalification program developed by 
the facility licensee that has been approved by the Commission. This 
program shall be conducted for a continuous period not to exceed 24 
months in duration.
    (2) Pass a comprehensive requalification written examination and 
an annual operating test.
    (i) The written examination will sample the items specified in 
[10 CFR] 55.41 and 55.43 . . ., to the extent applicable to the 
facility, the licensee, and any limitation of the license under [10 
CFR] 55.53(c). . . .
    (ii) The operating test will require the operator or senior 
operator to demonstrate an understanding of and the ability to 
perform the actions necessary to accomplish a comprehensive sample 
of items specified in [10 CFR] 55.45(a) (2) through (13) inclusive 
to the extent applicable to the facility.
    (iii) In lieu of the Commission accepting a certification by the 
facility licensee that the licensee has passed written examinations 
and operating tests administered by the facility licensee within its 
Commission-approved program developed by using a systems approach to 
training under paragraph (c) of this section, the Commission may 
administer a comprehensive requalification written examination and 
an annual operating test.

    According to KSU, the facility has been under an extended shutdown 
to address a fuel issue identified during routine fuel inspection. As a 
result of the extended shutdown, three senior operators at the facility 
are unable to meet a portion of the facility's operator requalification 
program (the KSU Requalification Plan) related to reactor operations. 
Additionally, these senior operators have not been actively performing 
the functions of a senior operator for a minimum of four hours per 
calendar quarter. Therefore, KSU is requesting to temporarily exempt 
these senior operators from the NRC's requalification requirements at 
10 CFR 55.53(h) and 10 CFR 55.59(a) and the NRC's active performance 
requirements at 10 CFR 55.53(e) and (f) so that they may resume fuel 
maintenance activities and return the facility to normal operations. 
The KSU staff will continue to use the KSU Requalification Plan for 
requalification requirements that can be completed at the facility and 
those that cannot be completed at the facility will be accomplished 
through alternative training or training at the University of Texas at 
Austin Research Reactor (UTARR). The October 4, 2024, supplement to the 
exemption request discusses this additional training, including control 
manipulations at the UTARR and simulations at the facility, lectures, 
biweekly performance of ``Procedure No. 12--Instrument Checkout,'' and 
monthly review of operations daily checkout logbooks. The requested 
duration of the exemption is the sooner of 120 days after the issuance 
of the exemption or 30 days following the cancellation of the 
administrative restriction on operations related to the fuel issue. 
After this time, the senior operators would again be subject to the 
regulations related to the NRC's requalification and active performance 
requirements.
    As explained below, with the proposed additional training, the 
requested exemption is authorized by law, will not endanger life or 
property, and is otherwise in the public interest. Therefore, the NRC 
grants the requested exemption with respect to the three senior 
operators named in the exemption request and, pursuant to 10 CFR 
55.59(b), requires those senior operators to complete the additional 
training discussed in the exemption request and to submit evidence to 
the NRC of the successful completion of that training before returning 
the facility to normal operations.

III. Discussion

    Pursuant to 10 CFR 55.11, ``Specific exemptions,'' the Commission 
may, upon application by an interested person, or upon its own 
initiative, grant such exemptions from the requirements of the 
regulations in 10 CFR part 55 as it determines (1) are authorized by 
law, (2) will not endanger life or property, and (3) are otherwise in 
the public interest.

A. The Exemption Is Authorized by Law

    The exemption would allow three senior operators at the facility 
who do not satisfy the requalification requirements of 10 CFR 55.53(h) 
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR 
55.53(e) and (f) to continue to perform the functions of a senior 
operator to support the resumption of fuel maintenance activities and 
the return of the facility to normal operations. As stated above, 10 
CFR 55.11 allows the Commission to grant exemptions from the 
requirements of 10 CFR part 55, including 10 CFR 55.53(e), (f), and (h) 
and 10 CFR 55.59(a), when the exemptions are authorized by law. 
Exemptions are authorized by law where they are not expressly 
prohibited by statute or regulation. A proposed exemption is implicitly 
authorized by law if it will not endanger life or property and is 
otherwise in the public interest and no other provisions in law 
prohibit, or otherwise restrict, its application. The NRC staff has 
determined, as explained next, that no provisions in law expressly 
prohibit or otherwise restrict the requested exemption. The NRC staff 
has also determined, as explained in subsequent sections of this 
document, that the requested exemption will not endanger life or 
property and is otherwise in the public interest.
    The regulations in 10 CFR part 55 implement Section 107 of the 
Atomic Energy Act of 1954, as amended (AEA), which states, in part, 
that the Commission shall (1) prescribe uniform conditions for 
licensing individuals as operators of any of the various classes of 
utilization facilities licensed by the NRC and (2) determine the 
qualifications of such individuals. These requirements in the AEA do 
not expressly prohibit exemptions from 10 CFR 55.53(e), (f), and (h) 
and 10 CFR 55.59(a), which require licensed operators to maintain 
proficiency by actively performing the functions of an operator for a 
minimum number of hours and to complete a requalification program. 
Further, as discussed below, the requested exemption would have little 
impact on the uniformity of operator licensing conditions or on 
operator qualification requirements.
    In its exemption request, KSU stated that the purpose of the 
exemption request is to allow the resumption of fuel maintenance 
activities, including fuel cleaning and inspections, to provide a 
pathway for returning the facility to normal operations. This cannot 
currently be accomplished because three senior operators at the 
facility do not satisfy the proficiency and requalification 
requirements of the NRC's regulations due to the extended shutdown of 
the facility. Under the exemption, KSU would continue to use the KSU 
Requalification Plan for requalification requirements that can be 
completed at the facility and those that cannot be completed at the 
facility would be satisfied by performing the additional training 
described in the request, including additional training at the UTARR. 
Although fuel maintenance activities could be resumed upon the issuance 
of the exemption, pursuant to 10 CFR 55.59(b), the Commission would 
require the senior operators to complete the additional training and 
submit evidence to the Commission of the successful completion of this 
training before returning the facility to normal operations. After 
this, the senior operators would again be subject to the regulations 
related to the NRC's requalification and active performance

[[Page 102169]]

requirements. Therefore, granting the exemption request would have 
little impact on the uniformity of operator licensing conditions or on 
operator qualification requirements.
    Because no provisions in law expressly prohibit the requested 
exemption and because, as explained in subsequent sections of this 
document, the requested exemption will not endanger life or property 
and is otherwise in the public interest, the NRC staff has determined 
that the exemption is authorized by law.

B. The Exemption Will Not Endanger Life or Property

    The exemption would allow three senior operators at the facility 
who do not satisfy the requalification requirements of 10 CFR 55.53(h) 
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR 
55.53(e) and (f) to continue to perform the functions of a senior 
operator to support the resumption of fuel maintenance activities and 
the return of the facility to normal operations. As stated above, 10 
CFR 55.11 allows the Commission to grant exemptions from the 
requirements of 10 CFR part 55, including 10 CFR 55.53(e), (f), and (h) 
and 10 CFR 55.59(a), when they will not endanger life or property.
    The requested exemption will not endanger life or property because 
it would allow persons experienced with licensed activities involving 
fuel maintenance to resume inspections and cleaning of the fuel with 
the reactor shutdown. These activities would be performed consistent 
with the facility's Commission-approved technical specifications and 
would, therefore, ensure that the necessary quality of systems and 
components is maintained.
    Further, the requested exemption will not endanger life or property 
because KSU has proposed additional training for the three senior 
operators that would provide reasonable assurance of their competence 
as senior operators regarding facility operations equivalent to that 
required by the NRC's regulations and because that additional training 
would be required by the NRC, pursuant to 10 CFR 55.59(b), including 
the submission of evidence to the Commission of the successful 
completion of the training, before the facility is returned to normal 
operations. As KSU stated in the October 4, 2024, supplement to the 
exemption request, the KSU Requalification Plan would continue to be 
used, and supplemented, for items that can be completed at the 
facility, such as through training and lectures, including biweekly 
performance of ``Procedure No. 12--Instrument Checkout,'' and monthly 
review of operations daily checkout logbooks. The items in the plan 
that cannot be completed at the facility, such as control 
manipulations, would be accomplished at the UTARR to satisfy the 
operating test requalification requirements of 10 CFR 55.45(a)(2), (5), 
and (6). Both the UTARR and the KSU facility have a similar licensed 
power. Operations may be conducted at the UTARR between shutdown and 
designated power levels similar to the KSU facility. Additionally, both 
facilities utilize TRIGA fuel and graphite reflection, hence operating 
behavior characteristics during control manipulations will have a 
similar response.
    Based on the above, the NRC staff determined that the UTARR is 
sufficiently similar to the KSU facility such that the additional 
training proposed to be conducted at the UTARR, in combination with the 
conduct of the KSU Requalification Plan, as supplemented, at the 
facility, provides reasonable assurance of the competence of the three 
senior operators to perform the functions of a senior operator at the 
KSU facility. Although fuel maintenance activities may be resumed upon 
the issuance of this exemption, pursuant to 10 CFR 55.59(b), the senior 
operators must complete the additional training discussed above and 
submit evidence to the Commission of the successful completion of this 
training before returning the facility to normal operations. Therefore, 
the NRC staff has determined that the exemption will not endanger life 
or property.

C. The Exemption Is Otherwise in the Public Interest

    The exemption would allow three senior operators at the facility 
who do not satisfy the requalification requirements of 10 CFR 55.53(h) 
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR 
55.53(e) and (f) to continue to perform the functions of a senior 
operator to support the resumption of fuel maintenance activities and 
the return of the facility to normal operations. As stated above, 10 
CFR 55.11 allows the Commission to grant exemptions from the 
requirements of 10 CFR part 55, including 10 CFR 55.53(e), (f), and (h) 
and 10 CFR 55.59(a), when they are otherwise in the public interest.
    The Commission's values guide the NRC in maintaining certain 
principles of good regulation as it carries out regulatory activities 
in furtherance of its safety and security mission. These principles 
focus the NRC on ensuring safety and security while appropriately 
considering the interests of the NRC's stakeholders, including the 
public and licensees. The NRC's principles of good regulation can also 
provide guidance as to whether the granting of a particular exemption 
is otherwise in the public interest.
    On balance, the NRC's principles of good regulation demonstrate 
that the granting of the requested exemption is otherwise in the public 
interest. The scope of the exemption is limited to resuming fuel 
maintenance activities and to returning the facility to normal 
operations. The three senior operators would be allowed to resume fuel 
maintenance activities, including fuel cleaning and inspections, upon 
the issuance of the exemption; however, pursuant to 10 CFR 55.59(b), 
the senior operators would be required to complete the additional 
training discussed above and to submit evidence to the Commission of 
the successful completion of this training before returning the 
facility to normal operations. As discussed above, this would ensure 
that the senior operators have the competence required to perform these 
duties. Moreover, the exemption would expire the sooner of 120 days 
after the issuance of the exemption or 30 days following the 
cancellation of the administrative restriction on operations related to 
the fuel issue. After this time, the senior operators would again be 
fully subject to the regulations related to the NRC's requalification 
and active performance requirements. Thus, the exemption is narrowly 
tailored and does not make any permanent changes to the senior operator 
licenses, the facility license, or KSU programs. This approach provides 
for an efficient and clear resolution to a situation that is outside of 
the considerations of the applicable regulations. Therefore, the NRC 
staff has determined that the exemption is otherwise in the public 
interest.

D. Environmental Considerations

    The exemption would allow three senior operators at the facility 
who do not satisfy the requalification requirements of 10 CFR 55.53(h) 
and 10 CFR 55.59(a) and the active performance requirements of 10 CFR 
55.53(e) and (f) to continue to perform the functions of a senior 
operator to support the resumption of fuel maintenance activities and 
the return of the facility to normal operations. For the following 
reasons, the NRC staff determined that this exemption meets the 
eligibility criteria for the categorical exclusion set forth in 10 CFR 
51.22(c)(25). There are no special or extraordinary circumstances 
present that would

[[Page 102170]]

preclude reliance on this exclusion. The NRC staff determined, in 
accordance with 10 CFR 51.22(c)(25)(vi)(E), that the requirements from 
which the exemption is sought involve education, training, experience, 
qualification, requalification, or other employment suitability 
requirements. The NRC staff also determined that granting the requested 
exemption involves no significant hazards consideration because it does 
not authorize any physical changes to the facility or any of its safety 
systems or change any of the assumptions or limits used in the facility 
licensee's safety analyses or introduce any new failure modes; there is 
no significant change in the types or significant increase in the 
amounts of any effluents that may be released offsite because the 
exemption does not affect any effluent release limits as provided in 
the facility licensee's technical specifications or by 10 CFR part 20; 
there is no significant increase in individual or cumulative public or 
occupational radiation exposure because the exemption does not affect 
the limits on the release of any radioactive material or the limits 
provided in 10 CFR part 20 for radiation exposure to workers or members 
of the public; there is no significant construction impact because the 
exemption does not involve any changes to a construction permit; and 
there is no significant increase in the potential for or consequences 
from radiological accidents because the exemption does not alter any of 
the assumptions or limits in the facility licensee's safety analyses. 
In addition, the NRC staff determined that there would be no 
significant impacts to biota, water resources, historic properties, 
cultural resources, or socioeconomic conditions in the region. 
Therefore, pursuant to 10 CFR 51.22(b), no environmental impact 
statement or environmental assessment need to be prepared in connection 
with the granting of the exemption.

IV. Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
55.11, the exemption is authorized by law, will not endanger life or 
property, and is otherwise in the public interest. Therefore, the 
Commission hereby grants, with respect to the three senior operators 
named in the exemption request, an exemption from the NRC's 
requalification requirements at 10 CFR 55.53(h) and 10 CFR 55.59(a) and 
the NRC's active performance requirements at 10 CFR 55.53(e) and (f) to 
continue to perform the functions of a senior operator to support the 
resumption of fuel maintenance activities and the return of the 
facility to normal operations. Although fuel maintenance activities may 
be resumed upon the issuance of this exemption, pursuant to 10 CFR 
55.59(b), the senior operators must complete the additional training 
discussed above and submit evidence to the Commission of the successful 
completion of this training before returning the facility to normal 
operations. This exemption expires the sooner of (1) 120 days after 
issuance or (2) 30 days following the cancellation of the facility 
temporary administrative limit/special condition for operation 
stipulating in the entry on November 22, 2021, of Attachment 1, 
``Condition/Limit Log,'' in ``SOM1 Operational Limits and Special 
Administrative Controls'' that ``No operation until fuel element 
findings resolved.''
    This exemption is effective upon issuance.

V. Availability of Documents

    The documents identified in the following table are related to the 
requested exemption and available to interested persons through the 
NRC's ADAMS at https://adams.nrc.gov/wba/.

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                    Document                       ADAMS accession No.
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KSU letter, ``License Requirements Exemption                 ML24085A808
 Request,'' dated March 7, 2024................
KSU letter, ``License Requirements Exemption                 ML24164A092
 Request Supplemental Information,'' dated June
 11, 2024......................................
KSU letter, ``License Requirements Exemption                 ML24281A032
 Request Additional Supplemental Information,''
 dated October 4, 2024.........................
KSU letter, ``License Requirements Exemption                 ML24326A142
 Request Further Supplemental Information,''
 dated November 20, 2024.......................
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    Dated: December 05, 2024.

/RA/

Jeremy Bowen, Director,
Division of Advanced Reactors and Non-Power Production and 
Utilization Facilities, Office of Nuclear Reactor Regulation.

[FR Doc. 2024-29695 Filed 12-16-24; 8:45 am]
BILLING CODE 7590-01-P
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