[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75595-75597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29656]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302; NRC-2014-0266]


Duke Energy Florida, Inc.

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a July 17, 2013, request from Duke Energy 
Florida, Inc. (DEF or the licensee), from certain regulatory 
requirements. The exemption would remove the requirement that a 
licensed senior operator approve the emergency suspension of security 
measures for Crystal River Unit 3 Nuclear Generating Plant (CR3) during 
certain emergency conditions or during severe weather.

DATES: December 18, 2014.

ADDRESSES: Please refer to Docket ID NRC-2014-0266 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:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0266. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#0c4f6d7e6360224b6d60606d6b64697e4c627e6f226b637a"><span class="__cf_email__" data-cfemail="91d2f0e3fefdbfd6f0fdfdf0f6f9f4e3d1ffe3f2bff6fee7">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access 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 NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#5a2a3e2874283f29352f28393f1a342839743d352c"><span class="__cf_email__" data-cfemail="c7b7a3b5e9b5a2b4a8b2b5a4a287a9b5a4e9a0a8b1">[email protected]</span></a>. 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.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Michael Orenak, Office of Nuclear 
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3229; email: <a href="/cdn-cgi/l/email-protection#75381c161d1410195b3a07101b141e351b07165b121a03"><span class="__cf_email__" data-cfemail="a7eacec4cfc6c2cb89e8d5c2c9c6cce7c9d5c489c0c8d1">[email protected]</span></a>.

I. Background

    Duke Energy Florida, Inc., is the holder of Facility License No. 
DPR-72. 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 permanently shutdown and defueled 
pressurized water reactor located in Citrus County, Florida.
    By letter dated February 20, 2013 (ADAMS Accession No. 
ML13056A005), DEF submitted to the NRC the certification in accordance 
with Sec. Sec.  50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title 10 of the 
Code of Federal Regulations (10 CFR) indicating it permanently ceased 
power operations and that the CR3 reactor vessel was permanently 
defueled.

II. Request/Action

    On July 17, 2013 (ADAMS Accession No. ML13204A397), the licensee 
requested an exemption from Sec. Sec.  73.55(p)(1)(i) and 
73.55(p)(1)(ii), pursuant to Sec.  73.5, ``Specific exemptions,'' which 
requires, in part, that a licensed senior operator approves the 
suspension of security measures during certain emergency conditions or 
during severe weather. Portions of the letter dated July 17, 2013, 
contain sensitive unclassified nonsafeguards information (security-
related) and, accordingly, have been withheld from public disclosure. 
The regulations in Sec. Sec.  73.55(p)(1)(i) and 73.55(p)(1)(ii), 
respectively, specify that the suspension of security measures must be 
approved by, as a minimum, a licensed senior operator, or a licensed 
senior operator with input from the security supervisor or manager.
    The exemption request relates solely to the licensing requirements 
specified in the regulations for the staff directing suspension of 
security measures in

[[Page 75596]]

accordance with Sec. Sec.  73.55(p)(1)(i) and 73.55(p)(1)(ii). Section 
73.55(p)(1)(i) requires that ``suspension of security measures must be 
approved as a minimum by a licensed senior operator before taking this 
action;'' Sec.  73.55(p)(1)(ii) requires that ``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.''
    This exemption would remove the requirement for a licensed senior 
operator to provide the approval. Instead, the licensee intends that 
suspension of security measures to be authorized by a certified fuel 
hander (CFH), as defined by Sec.  50.2, ``Definitions.''

III. Discussion

    Historically, the Commission's security rules have long recognized 
the potential need to suspend security or safeguards measures. In 1986, 
in its final rule, ``Miscellaneous Amendments Concerning the Physical 
Protection of Nuclear Power Plants'' (51 FR 27817; August 4, 1986), the 
Commission promulgated Sec.  73.55(a), stating in part:

    In accordance with Sec.  50.54(x) and (y) of Part 50, the 
licensee may suspend any safeguards measures pursuant to Sec.  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 specification that can provide adequate or 
equivalent protection is immediately apparent. This suspension must 
be approved as a minimum by a licensed senior operator prior to 
taking the action.

    Later, in Proposed Rule, ``Decommissioning of Nuclear Power 
Plants,'' July 20, 1995; 60 FR 37379, the Commission made a number of 
proposed rule changes to address decommissioning. Among the changes 
were new regulations that affected Sec. Sec.  50.54(x) and (y) by 
allowing a non-licensed operator called a ``Certified Fuel Handler,'' 
in addition to a licensed senior operator, to authorize protective 
steps. Specifically, when proposing the rule addressing the role of the 
CFH during emergencies, the Commission stated:

    The Commission is proposing to amend 10 CFR 50.54(y) to permit a 
certified fuel handler at nuclear power reactors that have 
permanently ceased operations and permanently removed fuel from the 
reactor vessel, subject to the requirements of Sec.  50.82(a) and 
consistent with the proposed definition of ``Certified Fuel 
Handler'' specified in Sec.  50.2, to make these evaluations and 
judgments. 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.

    In the final rule (61 FR 39298; July 29, 1996), the Commission 
added the following definition to Sec.  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, the Decommissioning Rule did not 
propose or make parallel changes to Sec.  73.55(a), and did not discuss 
the role of a non-licensed certified fuel handler.
    In the final rule, ``Power Reactor Security Requirements'' (74 FR 
13926; March 27, 2009), the NRC relocated and split the security 
suspension requirements from Sec.  73.55(a) to Sec. Sec.  
73.55(p)(1)(i) and (p)(1)(ii). The CFHs were not discussed in the 
rulemaking, so the requirements of Sec.  73.55(p) to use a licensed 
senior operator remains, even for a site that otherwise no longer has 
an operating reactor.
    However, pursuant to Sec.  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.

A. Authorized by Law

    The exemption from Sec. Sec.  73.55(p)(1)(i) and 73.55(p)(1)(ii) 
would remove the requirement that a licensed senior operator approve 
the suspension of security measures, under certain emergency conditions 
or severe weather. The licensee intends to align these regulations with 
Sec.  50.54(y) by using the authority of a non-licensed CFH in place of 
a licensed senior operator to approve the suspension of security 
measures during certain emergency conditions or during severe weather.
    Per Sec.  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 of the licensee's 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

    Removing the requirement to have a licensed senior operator 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 below.
    First, Sec.  73.55(p)(2) continues to require that ``[s]uspended 
security measures must be reinstated as soon as conditions permit.''
    Second, the suspension for non-weather emergency conditions under 
Sec.  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 that can provide adequate or equivalent protection is 
immediately apparent.'' Thus, the underlying purpose of Sec.  
73.55(p)(1)(i) will still be to protect public health and safety even 
after the exemption is granted.
    Third, the suspension for severe weather under Sec.  
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. The underlying purpose of Sec.  
73.55(p)(1)(ii) will continue to be to protect the health and safety of 
the security force.
    Additionally, by letter dated June 26, 2014 (ADAMS Accession No. 
ML14155A181), the NRC approved DEF's CFH training and retraining 
program for the CR3 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 is 
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 there will be no adverse effects or undue 
risk to the public health and safety as a result of the suspension of 
security measures during the emergencies or severe weather.
    In addition, the exemption does not reduce the overall 
effectiveness of the physical security plan and has no adverse impacts 
to DEF's ability to physically secure the site or protect special 
nuclear material at CR3, and thus would not have an effect on the 
common defense and security. The NRC

[[Page 75597]]

staff has concluded that the exemption would not reduce security 
measures currently in place to protect against radiological sabotage. 
Therefore, removing the requirement for a licensed senior operator to 
approve the suspension of security measures in an emergency or during 
severe weather so that suspension of security measures can be 
authorized by CFH does not adversely affect public health and safety 
issues or the assurance of the common defense and security.

C. Is Otherwise in the Public Interest

    The DEF's proposed exemption would remove the requirement that a 
licensed senior operator 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.'' Without 
the exemption, the licensee cannot implement changes to its security 
plan to authorize a CFH to approve temporary suspension of security 
regulations during an emergency or severe weather comparable to the 
authority given to the CFH by the Commission when it promulgated Sec.  
50.54(y). Instead, the regulations would continue to require that a 
licensed senior operator be available to make decisions for a 
permanently shutdown plant, even though CR3 no longer requires a 
licensed senior operator. It is unclear how the licensee would 
implement emergency or severe weather suspensions of security measures 
without a licensed senior operator. This exemption is in the public 
interest for two reasons. First, without the exemption, there is 
uncertainty on how the licensee will invoke temporary suspension of 
security matters that may be needed to protect 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, and the requirements concerning 
licensed operators in 10 CFR part 55. Accordingly, the NRC staff 
concludes that the exemption 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.

D. Environmental Considerations

    The NRC approval of the exemption to 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 Sec.  
51.22(c)(25).
    Under Sec.  51.22(c)(25), 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 
involve: safeguard plans, and materials control and accounting 
inventory scheduling requirements; or involve other 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 involves no significant hazards consideration because 
removing the requirement to have a licensed senior operator approve the 
security suspension at a 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. The 
exempted security regulation is unrelated to any operational 
restriction. Accordingly, there is no significant change in the types 
or significant increase in the amounts of any effluents that may be 
released offsite; and no significant increase in individual or 
cumulative public or occupational radiation exposure. The exempted 
regulation is not associated with construction, so there is no 
significant construction impact. The exempted regulation does not 
concern the source term (i.e., potential amount of radiation in an 
accident), nor mitigation. Thus, there is no significant increase in 
the potential for, or consequences of, a radiological accident. The 
requirement to have a licensed senior operator approve departure from 
security actions may be viewed as involving either safeguards, 
materials control, or managerial matters.
    Therefore, pursuant to Sec. Sec.  51.22(b) and 51.22(c)(25), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the approval of this exemption request.

IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to Sec.  
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 DEF exemption 
from the requirements of Sec. Sec.  73.55(p)(1)(i) and 73.55(p)(1)(ii), 
which otherwise would require suspension of security measures during 
emergencies and severe weather, respectively, to be approved by a 
licensed senior operator. The exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 9th day of December 2014.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2014-29656 Filed 12-17-14; 8:45 am]
BILLING CODE 7590-01-P


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