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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
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 September 28, 2020
ADAMS Accession No. ML20272A212, Exelon requested an exemption from 10
CFR 73.55p1i and ii, pursuant to 10 CFR 73.5, Specific exemptions.
Consistent with 10 CFR 50.54y, 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 Byron.
III. Discussion The NRCs security rules have long recognized the potential need to suspend security or safeguards measures under certain conditions. Accordingly, 10 CFR 50.54x 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 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 73.55a, stating, in part:

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In accordance with 50.54 x and y of Part 50, the licensee may suspend any safeguards measures pursuant to 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 50.54x 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
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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 50.54y 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 50.82a and consistent with the proposed definition of Certified Fuel Handler specified in 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: 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 10 CFR
73.55a, and did not discuss 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 73.55a to 10 CFR 73.55p1i and ii. The role of a CFH was not discussed in the rulemaking; therefore, the suspension of security measures in accordance with 10 CFR 73.55p 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
73.55p1i and ii would permit, as a minimum, a CFH, in addition to a
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licensed senior operator, to approve the suspension of security measures in an emergency or during severe weather at Byron when it is permanently shutdown. Although the exemption is effective upon receipt, the actions permitted by the proposed exemption may not be implemented at Byron until the 10 CFR part 50 licenses no longer authorize operation of the reactors or emplacement or retention of fuel in the reactor vessels in accordance with 10
CFR 50.82a2. The intent of the proposed exemption is to align these regulations with 10 CFR 50.54y by using the authority of either a licensed senior operator or a CFH to approve the suspension of security measures during an emergency or during severe weather.
Per 10 CFR 73.5, the NRC is authorized to grant specific exemptions from the regulations in 10 CFR part 73, as are authorized by law. The NRC staff has determined that 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 Byron 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 73.55p2 will continue to require that suspended security measures must be reinstated as soon as conditions permit.
Second, the suspension of security measures for non-weather emergencies under 10 CFR 73.55p1i 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
73.55p1i to protect the public health and safety.
Third, the suspension of security measures for severe weather under 10
CFR 73.55p1ii 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
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