904 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–305 and 72–64; NRC–2014– 

0280] 

Dominion Energy Kewaunee, Inc.; 

Kewaunee Power Station 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a June 10, 

2013, request from Dominion Energy 

Kewaunee, Inc. (DEK or the licensee), 

from certain power reactor security 

requirements. The exemption would 

remove the requirement that continuous 

communication be maintained between 

the security alarm stations and the 

control room at Kewaunee Power 

Station (KPS). The licensee has 

committed to modify its Physical 

Security Plan to require continuous 

communication between the security 

alarm stations and the shift manager. 

DATES: January 7, 2015. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0280 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0280. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• 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: 

William Huffman, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington DC 

20555–0001; telephone: 301–415–2046; 

email: William.Huffman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The licensee, DEK, is the holder of 

Renewed Facility License No. DPR–43. 

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 and a general licensed 

independent spent fuel storage 

installation (ISFSI) located in Kewaunee 

County, Wisconsin. 

By letter dated February 25, 2013 

(ADAMS Accession No. ML13058A065), 

and in accordance with § 50.82(a)(1)(i) 

of Title 10 of the Code of Federal 

Regulations (10 CFR), DEK submitted to 

the NRC a certification indicating it 

would permanently cease power 

operations at KPS on May 7, 2013. On 

May 7, 2013, DEK permanently ceased 

power operation at KPS. By letter dated 

May 14, 2013 (ADAMS Accession No. 

ML13135A209), and in accordance with 

10 CFR 50.82(a)(1)(ii), DEK submitted to 

the NRC a certification that the reactor 

vessel at KPS was permanently 

defueled. 

II. Request/Action 

In accordance with 10 CFR 73.5, 

‘‘Specific exemptions,’’ the licensee has, 

by letter dated June 10, 2013 (ADAMS 

Accession No. ML13165A343), 

requested an exemption from 10 CFR 

73.55(j)(4)(ii), which otherwise requires 

continuous communications between 

security alarm stations and the control 

room. Portions of the letter dated June 

10, 2013, contain safeguards 

information and, accordingly, have been 

withheld from public disclosure. The 

licensee is requesting exemption from 

the continuous communications 

requirements between the control room 

and the security alarm stations. 

The exemption request relates solely 

to removing the control room from the 

requirements specified in the 

regulations that direct the licensee to 

establish a system for continuous 

communications between the control 

room and the security alarm stations. 

The licensee will have a system for 

continuous communications between 

the shift manager and the alarm stations. 

As specified in its June 10, 2013, 

application, DEK will implement 

changes to its Physical Security Plan 

that would require a system of 

continuous communications between 

the alarm stations and the shift 

manager/Certified Fuel Handler (CFH) 

instead of the control room. 

III. Discussion 

The intent of 10 CFR 73.55(j)(4)(ii) is 

to maintain continuous effective 

communication capability between 

security alarm stations and operations 

staff with shift command function 

responsibility to ensure any necessary 

coordination during security events or 

other emergencies can be accomplished 

at all times. The regulation requires 

maintaining a system for continuous 

communications between the security 

alarm stations and the control room for 

an operating reactor based on the 

presumption that the shift command 

function resides in the control room. 

The control room at an operating reactor 

contains the controls and 

instrumentation necessary for complete 

supervision and response needed to 

ensure safe operation of the reactor and 

support systems during normal, offnormal, and accident conditions and, 

therefore, is the location of the shift 

command function. Following 

certification of permanent shutdown 

and removal of fuel from the reactor, 

operation of the reactor is no longer 

permitted. The control room at a 

permanently shutdown and defueled 

reactor does not perform the same 

function as required for an operating 

reactor. There are no longer any safety 

related systems or processes that are 

controlled from the control room. The 

primary functions of the control room at 

a permanently shutdown plant is to 

provide a central location from where 

the shift command function can be 

conveniently performed due to existing 

communication equipment, office 

computer equipment, and ready access 

to reference material. The control room 

also provides a central location from 

which emergency response activities are 

coordinated. However, the control room 

does not always need to be the location 

of the shift command function since 

most remaining system processes at a 

permanently shutdown and defueled 

reactor are controlled locally. At KPS, 

the shift manager/CFH has 

responsibility for the shift command 

function. The shift manager/CFH is the 

senior on-shift licensee representative 

and decision-maker and is responsible 

for the overall safety of the permanently 

shutdown and defueled facility and for 

directing the response to abnormal 

situations and emergencies. The 

requested exemption would provide the 

KPS shift manager/CFH the flexibility to 


rljohnson on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices 905 

leave the control room to perform 

managerial and supervisory activities 

throughout the plant while retaining the 

command function responsibility. While 

the shift command function is normally 

accomplished from the control room in 

accordance with applicable KPS 

procedures, it can also be accomplished 

anywhere in the facility provided an 

effective means of continuous 

communication with the shift manager/ 

CFH is maintained. Because KPS is 

permanently shutdown and defueled, 

the ability to leave the control room may 

benefit the shift manager/CFH’s 

understanding of facility conditions as 

well as enhance his assessment and 

response to any abnormal situation or 

emergency conditions. Although the 

control room will remain the physical 

command center, the exemption will 

allow the location of the KPS command 

function to be wherever the shift 

manager/CFH is located. Being absent 

from the control room will not relieve 

the shift manager/CFH of the 

responsibility for the shift command 

function. The exemption will allow DEK 

to establish and maintain continuous 

communication capability with the shift 

manager/CFH, regardless of his location. 

The NRC staff assessed the method 

proposed by the licensee to maintain 

continuous communications with the 

shift manager/CFH in a safety 

evaluation report dated April 14, 2014 

(the NRC staff’s safety evaluation report 

contains safeguards information and is, 

therefore, not publicly available). The 

NRC staff determined that the proposed 

method of maintaining continuous 

communication with the shift manager/ 

CFH is consistent with the functional 

requirement of the regulation for 

maintaining communication with the 

control room. The NRC staff has 

concluded that upon implementing a 

system for continuous communications 

between the alarm stations and the shift 

manager/CFH, as documented in the 

licensee’s Physical Security Plan, the 

requested exemption to 10 CFR 

73.55(j)(4)(ii) will meet the intent of the 

regulation, regardless of the location of 

the shift manager/CFH. 

Pursuant to 10 CFR 73.5, the 

Commission may, upon application of 

any interested person or upon its own 

initiative, grant such 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 

In accordance with 10 CFR 73.5, the 

Commission may grant exemptions from 

the regulations in 10 CFR part 73 as the 

Commission determines are 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 

continuous communication system 

between the security alarm stations and 

the control room will not endanger life 

or property or the common defense and 

security for the reasons discussed 

below. 

The shift manager/CFH is the senior 

on-shift licensee representative, is 

responsible for the shift command 

function, and directs the action of the 

operations staff during both normal and 

emergency conditions. Therefore, the 

shift manager/CFH is the appropriate 

individual to have continuous 

communication capability with the 

alarm stations. The exemption would 

not reduce the measures in place to 

protect against radiological sabotage. In 

addition, the NRC staff has determined 

that the exemption will not reduce the 

overall effectiveness of the KPS Physical 

Security Plan, Training and 

Qualification Plan, or Safeguards 

Contingency Plan. Maintaining a system 

of continuous communication between 

the alarm stations and the shift 

manager/CFH rather than the control 

room will provide the shift manager 

with the flexibility to leave the control 

room and respond to other locations 

onsite, as necessary, to conduct 

appropriate management oversight. The 

NRC staff has determined that 

maintaining continuous communication 

capability with the shift manager/CFH, 

whether in the control room or 

elsewhere, does not significantly change 

the current process that ensures that any 

necessary coordination during security 

events or other emergencies can be 

accomplished at all times. Continuous 

communication capability is essentially 

unchanged (other than the location of 

the shift manager/CFH when the 

communications are initiated). 

Therefore, the underlying purpose of 

10 CFR 73.55(j)(4)(ii) will continue to be 

met. The exemption does not reduce the 

overall effectiveness of the Physical 

Security Plan and has no adverse impact 

on DEK’s ability to physically secure the 

site or protect special nuclear material 

at KPS, and therefore would not have an 

effect on the common defense and 

security. The NRC staff has concluded 

that the exemption would not reduce 

the effectiveness of security measures 

currently in place to protect against 

radiological sabotage. Therefore, 

removing the requirement to have 

continuous communication between the 

security alarm stations and the control 

room will not endanger life or property 

or the common defense and security. 

C. Is Otherwise in the Public Interest 

The licensee is implementing changes 

to its Physical Security Plan to establish 

a system of continuous communication 

between the security alarm stations and 

the shift manager/CFH that is not 

dependent on the shift manager’s 

location. By granting DEK’s proposed 

exemption to remove the requirement 

for a continuous communication system 

between the security alarm stations and 

the control room, the shift manager/CFH 

can roam around the facility in an 

oversight role and obtain first-hand 

information of facility conditions and 

status while still maintaining 

continuous communication with the 

alarm stations. The NRC staff has 

concluded that there would be no 

decrease in the level of safety by 

granting this exemption and that the 

capability to observe conditions directly 

serves the public interest by assuring 

that the shift manager/CFH has the best 

possible information needed to make 

decisions or to communicate to the 

alarm stations or to offsite entities. 

Accordingly, the NRC staff concludes 

that exempting DEK from the 

requirement for a continuous 

communication system between the 

security alarm stations and the control 

room is in the public interest, provided 

the licensee maintains continuous 

communication capability between the 

alarm stations and the shift manager/

CFH. 

D. Environmental Considerations 

The NRC’s 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 10 CFR 

51.22(c)(25). 

Under 10 CFR 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 


rljohnson on DSK3VPTVN1PROD with NOTICES
906 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices 

1United States Postal Service FY 2014 Annual 

Compliance Report, December 29, 2014 (FY 2014 

ACR). Public portions of the Postal Service’s filing 

are available on the Commission’s Web site at 

http://www.prc.gov. 

2 In years prior to 2013, the Commission reviewed 

the Postal Service’s reports prepared pursuant to 39 

U.S.C. 2803 and 39 U.S.C. 2804 (filed as the 

Comprehensive Statement by the Postal Service) in 

its Annual Compliance Determination. However, as 

it did last year, the Commission intends to review 

these reports separately. 

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 for a continuous 

communications system between the 

security alarm stations and the control 

room at KPS 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 the operation 

of KPS. 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. Therefore, there is no 

significant increase in the potential for, 

or consequences of, a radiological 

accident. The requirement for a 

continuous communication system 

between the security alarm stations and 

the control room may be viewed as 

involving either safeguards or 

managerial matters. 

Therefore, pursuant to 10 CFR 

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 10 CFR 

73.5, the exemption is authorized by 

law and will not endanger life or 

property or the common defense and 

security, and is otherwise in the public 

interest. Therefore, the Commission 

hereby grants DEK exemption from the 

requirement of 10 CFR 73.55(j)(4)(ii) for 

a system of continuous communication 

capability with the control room, 

provided that DEK maintains a system 

for continuous communication 

capability with the shift manager/CFH 

consistent with the method described in 

its submittal dated June 10, 2013. This 

exemption is effective when the system 

for continuous communication between 

the alarm stations and the shift 

manager/CFH is documented in DEK’s 

Physical Security Plan and functionally 

implemented. 

Dated at Rockville, Maryland, this 29th day 

of December 2014. 

For the Nuclear Regulatory Commission. 

George A. Wilson Jr., 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2015–00027 Filed 1–6–15; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. ACR2014; Order No. 2313] 

FY 2014 Annual Compliance Report 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Postal Service has filed 

an Annual Compliance Report on the 

costs, revenues, rates, and quality of 

service associated with its products in 

fiscal year 2014. Within 90 days, the 

Commission must evaluate that 

information and issue its determination 

as to whether rates were in compliance 

with title 39, chapter 36, and whether 

service standards in effect were met. To 

assist in this, the Commission seeks 

public comments on the Postal Service’s 

Annual Compliance Report. 

DATES: Comments are due: February 2, 

2015. Reply Comments are due: 

February 13, 2015. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Overview of the Postal Service’s FY2014 

ACR 

III. Procedural Steps 

IV. Ordering Paragraphs 

I. Introduction 

On December 29, 2014, the United 

States Postal Service (Postal Service) 

filed with the Commission, pursuant to 

39 U.S.C. 3652, its Annual Compliance 

Report (ACR) for fiscal year (FY) 2014.1

Section 3652 requires submission of 

data and information on the costs, 

revenues, rates, and quality of service 

associated with postal products within 

90 days of the closing of each fiscal 

year. In conformance with other 

statutory provisions and Commission 

rules, the ACR includes the Postal 

Service’s FY 2014 Comprehensive 

Statement, its FY 2014 annual report to 

the Secretary of the Treasury on the 

Competitive Products Fund, and certain 

related Competitive Products Fund 

material. See respectively, 39 U.S.C. 

3652(g), 39 U.S.C. 2011(i), and 39 CFR 

3060.20–23. In line with past practice, 

some of the material in the FY 2014 

ACR appears in non-public annexes. 

The filing begins a review process that 

results in an Annual Compliance 

Determination (ACD) issued by the 

Commission to determine whether 

Postal Service products offered during 

FY 2014 are in compliance with 

applicable title 39 requirements. 

II. Overview of the Postal Service’s FY 

2014 ACR 

Contents of the filing. The Postal 

Service’s FY 2014 ACR consists of a 51- 

page narrative; extensive additional 

material appended as separate folders 

and identified in Attachment One; and 

an application for non-public treatment 

of certain materials, along with 

supporting rationale, filed as 

Attachment Two. The filing also 

includes the Comprehensive 

Statement,2 Report to the Secretary of 

the Treasury, and information on the 

Competitive Products Fund filed in 

response to Commission rules. This 

material has been filed electronically 

with the Commission, and some also 

has been filed in hard-copy form. 

Scope of filing. The material 

appended to the narrative consists of: 

(1) Domestic product costing material 

filed on an annual basis summarized in 

the Cost and Revenue Analysis (CRA); 

(2) comparable international costing 

material summarized in the 


rljohnson on DSK3VPTVN1PROD with NOTICES