NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center
| Published date | 18 November 2019 |
| Citation | 84 FR 63682 |
| Record Number | 2019-24855 |
| Section | Notices |
| Court | Nuclear Regulatory Commission |
Federal Register, Volume 84 Issue 222 (Monday, November 18, 2019)
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63682-63686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24855]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331; NRC-2019-0194]
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center
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 February 28, 2019, request from NextEra
Energy Duane Arnold, LLC. The exemption allows a certified fuel
handler, in addition to a licensed senior operator, to suspend security
measures in an emergency or during severe weather at the Duane Arnold
Energy Center (DAEC) after both the ``Certification of Permanent
Cessation of Operations'' and the ``Certification of Permanent Fuel
Removal'' have been docketed for the facility.
DATES: The exemption was issued on November 7, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0194 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-2019-0194. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. 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 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, contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email
to [email protected]. For the convenience of the reader, the ADAMS
accession numbers are provided in a table in the ``Availability of
Documents'' section of this document.
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.
[[Page 63683]]
FOR FURTHER INFORMATION CONTACT: Mahesh Chawla, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-8371; email: [email protected].
SUPPLEMENTARY INFORMATION:
The NRC is making the documents identified below available to
interested persons through one or more of the following methods, as
indicated. To access documents related to this action, see the
ADDRESSES section of this document.
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Document ADAMS accession No.
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NextEra Energy Duane Arnold, LLC; ML19023A196
``Certification of Permanent Cessation
of Power Operations''; Dated January
18, 2019.
NextEra Energy Duane Arnold, LLC; ML19037A016
``Request for Approval of Certified
Fuel Handler Training Program''; Dated
January 29, 2019.
U.S. Nuclear Regulatory Commission; ML19204A287
``Duane Arnold Energy Center--Approval
of a Certified Fuel Handler Training
and Continuing Training Program'';
Dated August 28, 2019.
NextEra Energy Duane Arnold, LLC; ML19059A099
``Request for Exemption from 10 CFR
73.55(p)(1)(i) and (ii) Related to the
Suspension of Security Measures in an
Emergency or During Severe Weather'';
Dated February 28, 2019.
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The text of the exemption is attached.
Dated at Rockville, Maryland, this 12th day of November, 2019.
For the Nuclear Regulatory Commission.
Mahesh L. Chawla,
Project Manager, Plant Licensing Branch III, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment: Exemption Related to the Approval Authority for Suspension
of Security Measures in an Emergency or During Severe Weather
Nuclear Regulatory Commission
Docket No. 50-331
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center
Exemption Related to the Approval Authority for Suspension of Security
Measures in an Emergency or During Severe Weather
I. Background
NextEra Energy Duane Arnold, LLC (NEDA) is the holder of Renewed
Facility Operating License No. DPR-49 for the Duane Arnold Energy
Center (DAEC). The license provides, among other things, that the
facility is subject to all applicable rules, regulations, and orders of
the U.S. Nuclear Regulatory Commission (NRC, the Commission), now or
hereafter in effect. The DAEC facility consists of a boiling-water
reactor located in Linn County, Iowa.
By letter dated January 18, 2019 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML19023A196), NEDA provided
formal notification to the NRC pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) Sections 50.82(a)(1)(i) and 50.4(b)(8) of
the intention to permanently cease power operations at the DAEC in the
fourth quarter of 2020.
In accordance with 10 CFR 50.82(a)(1)(i)-(ii) and 50.82(a)(2), the
10 CFR part 50 license for the facility no longer authorizes reactor
operation or emplacement or retention of fuel in the reactor vessel,
after certifications of permanent cessation of operations and permanent
removal of fuel from the reactor vessel are docketed for the DAEC. As a
result, licensed senior operators (i.e., individuals licensed under 10
CFR part 55 to manipulate the controls of a facility and to direct the
licensed activities of licensed operators) will no longer be required
to support plant operating activities. Instead, certified fuel handlers
(CFHs) (i.e., non-licensed operators who have qualified in accordance
with a fuel handler training program approved by the Commission) will
perform activities associated with decommissioning, irradiated fuel
handling, and management. Commission approval of a fuel handler
training program is needed to facilitate these activities.
By letter dated January 29, 2019 (ADAMS Accession No. ML19037A016),
NEDA submitted a request for Commission approval of the CFH Training
and Retraining Program for the DAEC. By letter dated August 28, 2019
(ADAMS Accession No. ML19204A287), the Commission approved the CFH
Training and Retraining Program for the DAEC. The CFH Training and
Retraining Program is to be used to satisfy training requirements for
the plant personnel responsible for supervising and directing the
monitoring, storage, handling, and cooling of irradiated fuel in a
manner consistent with ensuring the health and safety of the public. As
stated in 10 CFR 50.2, ``Definitions,'' CFHs are qualified in
accordance with a Commission-approved training program.
II. Request/Action
The Commission's regulation at 10 CFR 73.55(p)(1) addresses the
suspension of security measures in an emergency (10 CFR 73.55(p)(1)(i))
or during severe weather (10 CFR 73.55(p)(1)(ii)) by stating:
The licensee may suspend implementation of affected requirements
of this section under the following conditions:
(i) In accordance with Sec. Sec. 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.
By letter dated February 28, 2019 (ADAMS Accession No.
ML19059A099), NEDA requested an exemption from 10 CFR 73.55(p)(1)(i)
and (ii), pursuant to 10 CFR 73.5, ``Specific exemptions.'' Consistent
with 10 CFR 50.54(y), the proposed exemption would authorize a CFH, in
addition to a licensed senior operator, to approve the suspension of
security measures in an emergency or during severe weather at the DAEC.
III. Discussion
The NRC's security rules have long recognized the potential need to
suspend security or safeguards measures under certain conditions.
Accordingly, 10 CFR 50.54(x) and (y), first published in 1983, allow a
licensee to take reasonable actions in an emergency that depart from
license conditions or technical specifications when those actions are
immediately ``needed to protect the public health and safety'' and no
actions consistent with license conditions and technical specifications
[[Page 63684]]
that can provide adequate or equivalent protection are immediately
apparent (48 FR 13970; April 1, 1983). This departure from license
conditions or technical specifications must be approved, as a minimum,
by a licensed senior operator. In 1986, in its final rule,
``Miscellaneous Amendments Concerning the Physical Protection of
Nuclear Power Plants'' (51 FR 27817; August 4, 1986), the Commission
issued 10 CFR 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.
In 1996, the NRC made a number of regulatory changes to address
decommissioning. One of the changes was to amend 10 CFR 50.54(x) and
(y) to authorize a non-licensed operator called a ``certified fuel
handler,'' in addition to a licensed senior operator, to approve such
protective actions in an emergency situation at a permanently shutdown
facility. Specifically, in addressing the role of the CFH during
emergencies, the Commission stated in the proposed rule,
``Decommissioning of Nuclear Power Reactors'' (60 FR 37379; July 20,
1995):
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 NRC added the
following definition to 10 CFR 50.2, ``[c]ertified 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 10 CFR 73.55(a) regarding the role of a
non-licensed CFH at a permanently shutdown facility.
In the final rule, ``Power Reactor Security Requirements'' (74 FR
13926; March 27, 2009), the NRC relocated the security suspension
requirements from 10 CFR 73.55(a) to 10 CFR 73.55(p)(1)(i) and (ii).
The role of a CFH was not discussed in the rulemaking; therefore, the
suspension of security measures in accordance with 10 CFR 73.55(p)
continues to require approval, as a minimum, by a licensed senior
operator, even for a permanently shutdown facility.
Under 10 CFR 73.5, the Commission may, upon application of 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,
will not endanger life or property or the common defense and security,
and are otherwise in the public interest. As explained below, the
proposed exemption is authorized by law, will not endanger life or
property or the common defense and security, and is otherwise in the
public interest.
A. The Exemption Is Authorized by Law
The proposed exemption from 10 CFR 73.55(p)(1)(i) and (ii) would
permit, as a minimum, a CFH, in addition to a licensed senior operator,
to approve the suspension of security measures in an emergency or
during severe weather at the DAEC when it is permanently shutdown.
Although the exemption is effective upon receipt, the actions permitted
by the exemption may not be implemented at the DAEC until the 10 CFR
part 50 license no longer authorizes operation of the reactor or
emplacement or retention of fuel in the reactor vessel in accordance
with 10 CFR 50.82(a)(2). The intent of the proposed exemption is to
align these regulations with 10 CFR 50.54(y).
Per 10 CFR 73.5, the NRC may grant specific exemptions from the
requirements of 10 CFR part 73, as are authorized by law. Granting the
proposed exemption is consistent with the Atomic Energy Act of 1954, as
amended, and not otherwise inconsistent with NRC regulations or other
applicable laws. Therefore, the exemption is authorized by law.
B. The Exemption Will Not Endanger Life or Property or the Common
Defense and Security
Permitting, as a minimum, a CFH, in addition to a licensed senior
operator, to approve the suspension of security measures in an
emergency or during severe weather at the DAEC when it is permanently
shutdown will not endanger life or property or the common defense and
security for the reasons discussed below.
First, 10 CFR 73.55(p)(2) will continue to require that
``[s]uspended security measures must be reinstated as soon as
conditions permit.''
Second, the suspension of security measures for emergencies 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 license conditions and technical
specifications that can provide adequate or equivalent protection is
immediately apparent.'' Thus, the exemption would not prevent the
licensee from meeting the underlying purpose of 10 CFR 73.55(p)(1)(i)
to protect the public health and safety.
Third, 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 in 10 CFR 73.55(p)(1)(ii) to
receive input from the security supervisor or manager will remain.
Therefore, the exemption would not prevent the licensee from meeting
the underlying purpose of 10 CFR 73.55(p)(1)(ii) to protect the health
and safety of the security force.
Additionally, by letter dated August 28, 2019, the NRC approved the
DAEC CFH Training and Retraining Program. The NRC staff found that,
among other things, the program addresses the safe conduct of
decommissioning activities, the safe handling and storage of spent
fuel, and the appropriate response to plant emergencies. Because a CFH
at the DAEC will be sufficiently trained and qualified under an NRC-
approved program, the NRC staff considers the CFH to have sufficient
knowledge of operational and safety concerns, such that allowing the
CFH to suspend security measures in emergencies or during severe
weather will not result in undue risk to the public health and safety.
In addition, since the exemption allows a CFH the same authority
currently given to the licensed senior operator under 10 CFR
73.55(p)(1)(i) and (ii), no change is required to physical security.
Since no change is required to physical security, the exemption would
not reduce the overall effectiveness of the DAEC physical security plan
and would not adversely
[[Page 63685]]
impact the licensee's ability to physically secure the site or protect
special nuclear material at the DAEC, and thus, would not have an
effect on the common defense and security. The NRC staff has determined
that the exemption would not reduce security measures currently in
place to protect against radiological sabotage. Instead, the exemption
would align the requirements of 10 CFR 73.55(p)(1)(i) and (ii) with the
existing requirements of 10 CFR 50.54(y).
For these reasons, permitting, as a minimum, a CFH, in addition to
a licensed senior operator, to approve the suspension of security
measures in an emergency or during severe weather at the DAEC when it
is permanently shutdown will not endanger life or property or the
common defense and security.
C. The Exemption Is Otherwise in the Public Interest
The proposed exemption would allow a CFH, in addition to a licensed
senior operator, to approve the 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'' at the
DAEC when it is permanently shutdown. If the exemption is not granted,
the DAEC will be required to have a licensed senior operator available
to approve the suspension of security measures in an emergency or
during severe weather for a permanently shutdown plant, even though
there would no longer be a requirement for a licensed senior operator
after the certifications required by 10 CFR 50.82(a)(1)(i) and (ii) are
submitted.
This exemption is in the public interest for the following reasons.
Without the exemption, there would be uncertainty regarding how the
licensee will invoke the temporary suspension of security measures that
may be needed for protecting the public health and safety or the
personal health and safety of the security force personnel in
emergencies or during severe weather given the differences between the
requirements in 10 CFR 73.55(p)(1)(i) and (ii) and 10 CFR 50.54(y). The
exemption would allow the licensee to make decisions pursuant to 10 CFR
73.55(p)(1)(i) and (ii) without having to maintain a staff of licensed
senior operators at a nuclear power reactor that has permanently ceased
operations and permanently removed fuel from the reactor vessel. The
exemption would also allow the licensee to have an established
procedure in place to allow a CFH to suspend security measures in an
emergency or during severe weather after the certifications required by
10 CFR 50.82(a)(1)(i) and (ii) have been submitted. Finally, the
consistent and efficient regulation of nuclear power plants serves the
public interest and this exemption would assure consistency between the
regulations in 10 CFR part 73 and 10 CFR 50.54(y) and the requirements
concerning licensed operators in 10 CFR part 55.
The NRC staff has determined that granting the proposed exemption
would allow the licensee to designate a CFH with qualifications
appropriate for a permanently shutdown and defueled reactor to approve
the suspension of security measures in an emergency to protect the
public health and safety and during severe weather to protect the
personal health and safety of the security force personnel at the DAEC
when it is permanently shutdown, which is consistent with the similar
authority provided by 10 CFR 50.54(y). Therefore, the exemption is in
the public interest.
D. Environmental Consideration
The NRC's approval of the proposed exemption 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 NRC's approval of the
exemption is categorically excluded from further environmental analysis
under 10 CFR 51.22(c)(25).
Under 10 CFR 51.22(c)(25), the 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: Recordkeeping requirements; reporting requirements; inspection
or surveillance requirements; equipment servicing or maintenance
scheduling requirements; education, training, experience,
qualification, requalification or other employment suitability
requirements; safeguard plans, and materials control and accounting
inventory scheduling requirements; scheduling requirements; surety,
insurance or indemnity requirements; or other requirements of an
administrative, managerial, or organizational nature.
The NRC staff has determined that granting the proposed exemption
involves no significant hazards consideration because allowing a CFH,
in addition to a licensed senior operator, to approve the security
suspension at a permanently shutdown and defueled 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 proposed exemption 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 proposed
exemption is not associated with construction, so there is no
significant construction impact. The proposed exemption does not
concern the source term (i.e., potential amount of radiation in an
accident) or mitigation. Thus, there is no significant increase in the
potential for or consequences from radiological accidents. Finally, the
requirement regarding suspensions of security measures involves either
safeguards, materials control, or managerial/organizational matters.
Therefore, pursuant to 10 CFR 51.22(b) and (c)(25), no
environmental impact statement or environmental assessment need be
prepared in connection with the approval of the proposed exemption.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
73.5, the proposed exemption is authorized by law, will not endanger
life or property or the common defense and security, and is otherwise
in the public interest. Therefore, the Commission hereby grants the
licensee's request for an exemption from the requirements of 10 CFR
73.55(p)(1)(i) and (ii) to permit, as a minimum, a CFH, in addition to
a licensed senior operator, to approve the suspension of security
measures in an emergency or during severe weather at the DAEC once the
certifications required under 10 CFR 50.82(a)(1) have been submitted.
[[Page 63686]]
The exemption is effective upon receipt.
Dated at Rockville, Maryland, this 7th, day of November 2019.
For the Nuclear Regulatory Commission.
/RA/
Craig G. Erlanger, Director,
Division of Operating Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2019-24855 Filed 11-15-19; 8:45 am]
BILLING CODE 7590-01-P
