Tennessee Valley Authority: Exemption From Requirements To Revise Combined License Application To Address Enhancements to Emergency Preparedness Rules, 79506-79508 [2013-31210]
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79506
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–014 and 52–015; NRC–
2008–0043]
Tennessee Valley Authority:
Exemption From Requirements To
Revise Combined License Application
To Address Enhancements to
Emergency Preparedness Rules
Nuclear Regulatory
Commission.
ACTION: Exemption.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to an October 28,
2013, request from Tennessee Valley
Authority (TVA). On September 29,
2010, TVA requested that the NRC
suspend review of its combined license
application until further notice. On
October 28, 2013 TVA requested an
exemption from certain regulatory
requirements which, if granted, would
allow them to revise their combined
license (COL) application in order to
address enhancements to the Emergency
Preparedness (EP) rules at the same time
as requesting the NRC to resume the
review of their COL application rather
than by December 31, 2013 as the
regulations currently require. The NRC
staff reviewed this request and
determined that it is appropriate to
grant the exemption but stipulated that
the revised application must be
submitted prior to requesting the NRC
resume its review of the COL
application or by December 31, 2014
whichever comes first.
ADDRESSES: Please refer to Docket ID
NRC–2008–0043 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0043. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. 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 access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/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
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SUMMARY:
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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
the 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:
Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington DC, 20555–
0001; telephone: 301–415–6185; email:
Anthony.Minarik@nrc.gov.
The
following sections include the text of
the exemption in its entirety as issued
to TVA
SUPPLEMENTARY INFORMATION:
1.0
Background
On October 30, 2007 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML073110527) Tennessee Valley
Authority (TVA), submitted to the U.S.
Nuclear Regulatory Commission (NRC) a
Combined License (COL) application for
two units of Westinghouse Electric
Company’s AP1000 advanced
pressurized water reactors to be
constructed and operated at the
Bellefonte site, located near the cities of
Hollywood and Scottsboro in Jackson
County in northeast Alabama. (Docket
numbers 052000–14 and 052000–15).
The NRC docketed the Bellefonte
Nuclear Plant, Units 3 and 4 (BLN 3&4)
COL application on January 28, 2008.
On September 29, 2010 (ADAMS
Accession No. ML102740476) TVA
requested that the NRC defer the review
of the BLN 3&4 COL application. In a
letter dated November 24, 2010
(ADAMS Accession No. ML102930207),
the NRC granted TVA’s request to defer
the review and stated it was in a
suspended status, meaning all review
activities related to the BLN 3&4 COL
application were eventually suspended
after a closeout period while the
application remained docketed. On
October 28, 2013 (ADAMS Accession
No. ML13325B058) TVA requested an
exemption from the requirements of
Title 10 of the Code of Federal
Regulations (10 CFR) Part 50 Appendix
E, Section I.5 as referenced by 10 CFR
52.79(a)(21), to submit an update to the
COL application, addressing the
enhancements to the Emergency
Preparedness (EP) rules by December
31, 2013.
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Fmt 4703
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2.0
Request/Action
10 CFR Part 50 Appendix E, Section
I.5 requires that an applicant for a COL
under Subpart C of 10 CFR Part 52
whose application was docketed prior to
December 23, 2011, must revise their
COL application to comply with the EP
rules published in the Federal Register
(76 FR 72560) on November 23, 2011.
An applicant that does not receive a
COL before December 31, 2013 shall
revise its COL application to comply
with these changes no later than
December 31, 2013.
Because TVA will not hold a COL
prior to December 31, 2013, it is
therefore, required to revise its
application to be compliant with the
new EP rules by December 31, 2013. By
letter dated September 29, 2010
(ADAMS Accession No. ML10274076),
TVA requested that the NRC suspend
review of the BLN 3&4 COL application.
The NRC granted TVA’s request for
suspension and TVA reaffirmed its
suspended status in a letter dated
December 19, 2011 (ADAMS Accession
Number ML11356A068). In a letter
dated, October 28, 2013 (ADAMS
Accession No. ML13325B058), TVA
requested an exemption from the
requirements of 10 CFR Part 50
Appendix E, Section I.5 until the time
that TVA requests the NRC to resume
the review of the BLN 3&4 COL
application. TVA’s requested exemption
is interpreted as a one-time schedule
change from the requirements of 10 CFR
50 Appendix E, Section I.5. In its
request, TVA asked the NRC to grant the
exemption from 10 CFR Part 50
Appendix E, Section I.5 until it asked
the NRC to resume the review of the
BLN 3&4 COL application. Because such
a request is seen as open-ended, the
NRC included an imposed December 31,
2014, deadline as part of its review of
the exemption request. The exemption
would allow TVA to comply with the
new EP rule at a later date, but still in
advance of the NRC resuming its review
of the application and in any event, by
December 31, 2014. The current
requirement to comply with the new EP
rule by December 31, 2013 could not be
changed, absent the exemption.
3.0
Discussion
Pursuant to 10 CFR 50.12 the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR Part 50,
including 10 CFR 50 Appendix E
Section I.5 when: (1) the exemption(s)
are authorized by law, will not present
an undue risk to public health or safety,
and are consistent with the common
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
defense and security; and (2) special
circumstances are present. As relevant
to the requested exemption, special
circumstances exist if: ‘‘[a]pplication of
the regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule’’ (10 CFR
50.12(a)(2)(ii)).
The purpose of 10 CFR Part 50
Appendix E, Section I.5 was to ensure
that applicants and new COL holders
updated their COL applications or
Combined License to allow the NRC to
review them efficiently and effectively,
and to bring the applicants or licensees
into compliance prior to receiving a
license, or, for licensees, prior to
operating the plant. The targets of
Section I.5 of the rule were those
applications that were being actively
reviewed by the NRC Staff when the
rule came into effect on November 23,
2011. Because TVA requested the NRC
suspend its review of the BLN 3&4 COL
application, compelling TVA to revise
its COL application in order to meet the
December 31, 2013 compliance deadline
would result in unnecessary burden and
hardship for the applicant to meet the
compliance date. So long as it is
recognized that the COL application
must be updated to comply with the
enhancements to the EP rules, prior to
the NRC approving their COL
application, it makes no difference if
they revise the COL application now,
when they request the review be
restarted, or December 31, 2014. For this
reason the application of 10 CFR Part 50
Appendix E, Section I.5, for the
suspended BLN 3&4 COL application is
deemed unnecessary, and therefore
special circumstances are present.
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Authorized by Law
The exemption is a one-time schedule
exemption from the requirements of 10
CFR Part 50 Appendix E, Section I.5.
The exemption would allow TVA to
revise its COL application, and comply
with the new EP rules on or before
December 31, 2014 in lieu of December
31, 2013, the date required by 10 CFR
Part 50 Appendix E, Section I.5. As
stated above, 10 CFR 50.12 allows the
NRC to grant exemptions from the
requirements of 10 CFR Part 50 . The
NRC staff has determined that granting
TVA the requested one-time exemption
from the requirements of 10 CFR 50
Appendix E, Section I.5 will not result
in a violation of the Atomic Energy Act
of 1954, as amended, or the NRC’s
regulations. Therefore, the exemption is
authorized by law.
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No Undue Risk to Public Health and
Safety
The underlying purpose of the
enhancements to Emergency
Preparedness found in 10 CFR Part 50,
Appendix E, is to amend certain EP
requirements to enhance protective
measures in the event of a radiological
emergency; address, in part,
enhancements identified after the
terrorist events of September 11, 2001;
clarify regulations to effect consistent
EP implementation among licensees;
and modify certain requirements to be
more effective and efficient. Since plant
construction cannot proceed until the
NRC review of the application is
completed, a mandatory hearing is
completed and a license is issued, the
exemption does not increase the
probability of postulated accidents.
Additionally, based on the nature of the
requested exemption as described
above, no new accident precursors are
created by the exemption; thus neither
the probability, nor the consequences of
postulated accidents are increased.
Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and
Security
The requested exemption would
allow TVA to submit the revised COL
application prior to requesting the NRC
to resume the review and, in any event,
on or before December 31, 2014. This
schedule change has no relation to
security issues. Therefore, the common
defense and security is not impacted.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii) are present
whenever ‘‘[a]pplication of the
regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule’’ (10 CFR
50.12(a)(2)(ii)). The underlying purpose
of 10 CFR part 50 Appendix E, Section
I.5 is to ensure that applicants are in
compliance with the new EP rules in a
time that allows the NRC to effectively
review their revised COL application
prior to issuance of the license. Because
the BLN 3&4 COL application review is
now suspended, the application of this
regulation in this particular
circumstance is unnecessary in order to
achieve its underlying purpose. If the
NRC were to grant this exemption, and
TVA were then required to comply by
December 31, 2014 or prior to any
request to restart of their review, the
purpose of the rule would still be
achieved. Therefore, the special
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79507
circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an
exemption from 10 CFR Part 50,
Appendix E, Section I.5 exist.
Eligibility for Categorical Exclusion
From Environmental Review
With respect to the exemption’s
impact on the quality of the human
environment, the NRC has determined
that this specific exemption request is
eligible for categorical exclusion as
identified in 10 CFR 51.22(c)(25) and
justified by the NRC staff as follows:
(c) The following categories of actions
are categorical exclusions:
(25) Granting of an exemption from
the requirements of any regulation of
this chapter, provided that—
(i) There is no significant hazards
consideration;
The criteria for determining whether
there is no significant hazards
consideration are found in 10 CFR
50.92. The proposed action involves
only a schedule change regarding the
submission of an update to the
application for which the licensing
review has been suspended. Therefore,
there are no significant hazards
considerations because granting the
proposed exemption would 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.
(ii) There is no significant change in
the types or significant increase in the
amounts of any effluents that may be
released offsite;
The proposed action involves only a
schedule change which is
administrative in nature, and does not
involve any changes to be made in the
types or significant increase in the
amounts of effluents that may be
released offsite.
(iii) There is no significant increase in
individual or cumulative public or
occupational radiation exposure;
Since the proposed action involves
only a schedule change which is
administrative in nature, it does not
contribute to any significant increase in
occupational or public radiation
exposure.
(iv) There is no significant
construction impact;
The proposed action involves only a
schedule change which is
administrative in nature; the application
review is suspended until further
notice, and there is no consideration of
any construction at this time, and hence
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
the proposed action does not involve
any construction impact.
(v) There is no significant increase in
the potential for or consequences from
radiological accidents; and
The proposed action involves only a
schedule change which is
administrative in nature, and does not
impact the probability or consequences
of accidents.
(vi) The requirements from which an
exemption is sought involve:
(B) Reporting requirements;
The exemption request involves
submitting an updated COL application
by TVA
and
(G) Scheduling requirements;
The proposed exemption relates to the
schedule for submitting a COL
application update to the NRC.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also special circumstances
are present. Therefore, the Commission
hereby grants TVA a one-time
exemption from the requirements of 10
CFR 10 CFR Part 50, Appendix E,
Section I.5 pertaining to the BLN 3&4
COL application to allow submittal of
the revised COL application that
complies with the enhancements to the
EP rules prior to any request to the NRC
to resume the review, and in any event,
no later than December 31, 2014.
Pursuant to 10 CFR 51.22, the
Commission has determined that the
exemption request meets the applicable
categorical exclusion criteria set forth in
10 CFR 51.22(c)(25), and the granting of
this exemption will not have a
significant effect on the quality of the
human environment.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 19th day
of December 2013.
For The Nuclear Regulatory Commission
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New
Reactor Licensing, Office of New Reactors,
The Commission is noticing a
recent Postal Service filing concerning
an additional Global Expedited Package
Services (GEPS) 3 negotiated service
agreement. This notice informs the
public of the filing, invites public
comment, and takes other
administrative steps.
DATES: Comments are due: December
30, 2013.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
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:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Background
III. Contents of Filing
IV. Commission Action
V. Ordering Paragraphs
I. Introduction
On December 20, 2013, the Postal
Service filed Notice that it has entered
into an additional Global Expedited
Package Services (GEPS) 3 negotiated
service agreement (Agreement).1 The
Postal Service seeks inclusion of the
Agreement within the GEPS 3 product.
Id. at 2.
II. Background
The Commission approved the
addition of the GEPS Contracts product
to the competitive product list following
consideration of a Postal Service filing
in Docket No. CP2008–5 based on
Governors’ Decision No. 08–7.2 The
Commission later added GEPS 3 to the
competitive product list and authorized
the agreement filed in Docket No.
CP2010–71 to serve as the baseline
agreement for comparison of potentially
functionally equivalent agreements.3
Effective date; term. The Postal
Service will notify its contracting
partner of the effective date no later
[FR Doc. 2013–31210 Filed 12–27–13; 8:45 am]
maindgalligan on DSK5TPTVN1PROD with NOTICES
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2014–19; Order No. 1924]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
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17:15 Dec 27, 2013
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1 Notice of United States Postal Service of Filing
a Functionally Equivalent Global Expedited
Package Services 3 Negotiated Service Agreement
and Application for Non-Public Treatment of
Materials Filed Under Seal, December 20, 2013
(Notice).
2 See Docket No. CP2008–5, Order No. 86, Order
Concerning Global Expedited Package Services
Contracts, June 27, 2008.
3 See Docket Nos. MC2010–28 and CP2010–71,
Order No. 503, Order Approving Global Expedited
Package Services 3 Negotiated Service Agreement,
July 29, 2010.
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than 30 days after receiving approval
from oversight entities. Notice,
Attachment 1 at 7 (Article 12). The term
of the Agreement is for one calendar
year from the effective date or the last
day of the month which falls one
calendar year from the effective date,
unless terminated sooner pursuant to
contractual terms. Id.
III. Contents of Filing
The Notice includes a public Excel
file consisting of financial workpapers
and the following attachments:
• Attachment 1—a redacted copy of
the Agreement;
• Attachment 2—a redacted copy of
the certified statement required by 39
CFR 3015.5(c)(2);
• Attachment 3—a redacted copy of
Governors’ Decision No. 08–7, which
establishes prices and classifications for
GEPS Contracts; and
• Attachment 4—an application for
non-public treatment of materials to be
filed under seal.
Unredacted versions of Attachments 1
and 2 and the Excel file were also filed
under seal. Notice at 2.
The Notice lists and summarizes
differences between the Agreement and
the baseline agreement. These include
differences in two of the introductory
paragraphs of the Agreement; revisions
to numerous existing articles; and new,
deleted, and renumbered articles. Id. at
4–7. The Postal Service states that these
differences affect neither the
fundamental service being offered under
the Agreement nor the Agreement’s
fundamental structure, and that nothing
detracts from the conclusion that the
Agreement is ‘‘functionally equivalent
in all pertinent respects’’ to the baseline
agreement. Id. at 7. It therefore seeks the
inclusion of the Agreement within the
GEPS 3 product. Id.
IV. Commission Action
The Commission establishes Docket
No. CP2014–19 for consideration of
matters raised by the Notice. Interested
persons may submit comments on
whether the Postal Service’s filing is
consistent with 39 U.S.C. 3632, 3633, or
3642, 39 CFR part 3015, and subpart B
of 39 CFR part 3020. Comments are due
no later than December 30, 2013. The
public portions of the Postal Service’s
filing can be accessed via the
Commission’s Web site, https://
www.prc.gov. Information concerning
access to non-public material is located
in 39 CFR part 3007.
The Commission appoints James F.
Callow to serve as Public Representative
in this proceeding.
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]]>Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79506-79508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31210]
[[Page 79506]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-014 and 52-015; NRC-2008-0043]
Tennessee Valley Authority: Exemption From Requirements To Revise
Combined License Application To Address Enhancements to Emergency
Preparedness Rules
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to an October 28, 2013, request from Tennessee
Valley Authority (TVA). On September 29, 2010, TVA requested that the
NRC suspend review of its combined license application until further
notice. On October 28, 2013 TVA requested an exemption from certain
regulatory requirements which, if granted, would allow them to revise
their combined license (COL) application in order to address
enhancements to the Emergency Preparedness (EP) rules at the same time
as requesting the NRC to resume the review of their COL application
rather than by December 31, 2013 as the regulations currently require.
The NRC staff reviewed this request and determined that it is
appropriate to grant the exemption but stipulated that the revised
application must be submitted prior to requesting the NRC resume its
review of the COL application or by December 31, 2014 whichever comes
first.
ADDRESSES: Please refer to Docket ID NRC-2008-0043 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0043. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. 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 access publicly available documents online in the NRC
Library at https://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 the 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: Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington DC, 20555-
0001; telephone: 301-415-6185; email: Anthony.Minarik@nrc.gov.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to TVA
1.0 Background
On October 30, 2007 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML073110527) Tennessee Valley Authority
(TVA), submitted to the U.S. Nuclear Regulatory Commission (NRC) a
Combined License (COL) application for two units of Westinghouse
Electric Company's AP1000 advanced pressurized water reactors to be
constructed and operated at the Bellefonte site, located near the
cities of Hollywood and Scottsboro in Jackson County in northeast
Alabama. (Docket numbers 052000-14 and 052000-15). The NRC docketed the
Bellefonte Nuclear Plant, Units 3 and 4 (BLN 3&4) COL application on
January 28, 2008. On September 29, 2010 (ADAMS Accession No.
ML102740476) TVA requested that the NRC defer the review of the BLN 3&4
COL application. In a letter dated November 24, 2010 (ADAMS Accession
No. ML102930207), the NRC granted TVA's request to defer the review and
stated it was in a suspended status, meaning all review activities
related to the BLN 3&4 COL application were eventually suspended after
a closeout period while the application remained docketed. On October
28, 2013 (ADAMS Accession No. ML13325B058) TVA requested an exemption
from the requirements of Title 10 of the Code of Federal Regulations
(10 CFR) Part 50 Appendix E, Section I.5 as referenced by 10 CFR
52.79(a)(21), to submit an update to the COL application, addressing
the enhancements to the Emergency Preparedness (EP) rules by December
31, 2013.
2.0 Request/Action
10 CFR Part 50 Appendix E, Section I.5 requires that an applicant
for a COL under Subpart C of 10 CFR Part 52 whose application was
docketed prior to December 23, 2011, must revise their COL application
to comply with the EP rules published in the Federal Register (76 FR
72560) on November 23, 2011. An applicant that does not receive a COL
before December 31, 2013 shall revise its COL application to comply
with these changes no later than December 31, 2013.
Because TVA will not hold a COL prior to December 31, 2013, it is
therefore, required to revise its application to be compliant with the
new EP rules by December 31, 2013. By letter dated September 29, 2010
(ADAMS Accession No. ML10274076), TVA requested that the NRC suspend
review of the BLN 3&4 COL application. The NRC granted TVA's request
for suspension and TVA reaffirmed its suspended status in a letter
dated December 19, 2011 (ADAMS Accession Number ML11356A068). In a
letter dated, October 28, 2013 (ADAMS Accession No. ML13325B058), TVA
requested an exemption from the requirements of 10 CFR Part 50 Appendix
E, Section I.5 until the time that TVA requests the NRC to resume the
review of the BLN 3&4 COL application. TVA's requested exemption is
interpreted as a one-time schedule change from the requirements of 10
CFR 50 Appendix E, Section I.5. In its request, TVA asked the NRC to
grant the exemption from 10 CFR Part 50 Appendix E, Section I.5 until
it asked the NRC to resume the review of the BLN 3&4 COL application.
Because such a request is seen as open-ended, the NRC included an
imposed December 31, 2014, deadline as part of its review of the
exemption request. The exemption would allow TVA to comply with the new
EP rule at a later date, but still in advance of the NRC resuming its
review of the application and in any event, by December 31, 2014. The
current requirement to comply with the new EP rule by December 31, 2013
could not be changed, absent the exemption.
3.0 Discussion
Pursuant to 10 CFR 50.12 the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50, including 10 CFR 50 Appendix E
Section I.5 when: (1) the exemption(s) are authorized by law, will not
present an undue risk to public health or safety, and are consistent
with the common
[[Page 79507]]
defense and security; and (2) special circumstances are present. As
relevant to the requested exemption, special circumstances exist if:
``[a]pplication of the regulation in the particular circumstances would
not serve the underlying purpose of the rule or is not necessary to
achieve the underlying purpose of the rule'' (10 CFR 50.12(a)(2)(ii)).
The purpose of 10 CFR Part 50 Appendix E, Section I.5 was to ensure
that applicants and new COL holders updated their COL applications or
Combined License to allow the NRC to review them efficiently and
effectively, and to bring the applicants or licensees into compliance
prior to receiving a license, or, for licensees, prior to operating the
plant. The targets of Section I.5 of the rule were those applications
that were being actively reviewed by the NRC Staff when the rule came
into effect on November 23, 2011. Because TVA requested the NRC suspend
its review of the BLN 3&4 COL application, compelling TVA to revise its
COL application in order to meet the December 31, 2013 compliance
deadline would result in unnecessary burden and hardship for the
applicant to meet the compliance date. So long as it is recognized that
the COL application must be updated to comply with the enhancements to
the EP rules, prior to the NRC approving their COL application, it
makes no difference if they revise the COL application now, when they
request the review be restarted, or December 31, 2014. For this reason
the application of 10 CFR Part 50 Appendix E, Section I.5, for the
suspended BLN 3&4 COL application is deemed unnecessary, and therefore
special circumstances are present.
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR Part 50 Appendix E, Section I.5. The exemption
would allow TVA to revise its COL application, and comply with the new
EP rules on or before December 31, 2014 in lieu of December 31, 2013,
the date required by 10 CFR Part 50 Appendix E, Section I.5. As stated
above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50 . The NRC staff has determined that
granting TVA the requested one-time exemption from the requirements of
10 CFR 50 Appendix E, Section I.5 will not result in a violation of the
Atomic Energy Act of 1954, as amended, or the NRC's regulations.
Therefore, the exemption is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purpose of the enhancements to Emergency
Preparedness found in 10 CFR Part 50, Appendix E, is to amend certain
EP requirements to enhance protective measures in the event of a
radiological emergency; address, in part, enhancements identified after
the terrorist events of September 11, 2001; clarify regulations to
effect consistent EP implementation among licensees; and modify certain
requirements to be more effective and efficient. Since plant
construction cannot proceed until the NRC review of the application is
completed, a mandatory hearing is completed and a license is issued,
the exemption does not increase the probability of postulated
accidents. Additionally, based on the nature of the requested exemption
as described above, no new accident precursors are created by the
exemption; thus neither the probability, nor the consequences of
postulated accidents are increased. Therefore, there is no undue risk
to public health and safety.
Consistent With Common Defense and Security
The requested exemption would allow TVA to submit the revised COL
application prior to requesting the NRC to resume the review and, in
any event, on or before December 31, 2014. This schedule change has no
relation to security issues. Therefore, the common defense and security
is not impacted.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii)
are present whenever ``[a]pplication of the regulation in the
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the
rule'' (10 CFR 50.12(a)(2)(ii)). The underlying purpose of 10 CFR part
50 Appendix E, Section I.5 is to ensure that applicants are in
compliance with the new EP rules in a time that allows the NRC to
effectively review their revised COL application prior to issuance of
the license. Because the BLN 3&4 COL application review is now
suspended, the application of this regulation in this particular
circumstance is unnecessary in order to achieve its underlying purpose.
If the NRC were to grant this exemption, and TVA were then required to
comply by December 31, 2014 or prior to any request to restart of their
review, the purpose of the rule would still be achieved. Therefore, the
special circumstances required by 10 CFR 50.12(a)(2)(ii) for the
granting of an exemption from 10 CFR Part 50, Appendix E, Section I.5
exist.
Eligibility for Categorical Exclusion From Environmental Review
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25) and justified by the NRC staff as follows:
(c) The following categories of actions are categorical exclusions:
(25) Granting of an exemption from the requirements of any
regulation of this chapter, provided that--
(i) There is no significant hazards consideration;
The criteria for determining whether there is no significant
hazards consideration are found in 10 CFR 50.92. The proposed action
involves only a schedule change regarding the submission of an update
to the application for which the licensing review has been suspended.
Therefore, there are no significant hazards considerations because
granting the proposed exemption would 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.
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
The proposed action involves only a schedule change which is
administrative in nature, and does not involve any changes to be made
in the types or significant increase in the amounts of effluents that
may be released offsite.
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
Since the proposed action involves only a schedule change which is
administrative in nature, it does not contribute to any significant
increase in occupational or public radiation exposure.
(iv) There is no significant construction impact;
The proposed action involves only a schedule change which is
administrative in nature; the application review is suspended until
further notice, and there is no consideration of any construction at
this time, and hence
[[Page 79508]]
the proposed action does not involve any construction impact.
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
The proposed action involves only a schedule change which is
administrative in nature, and does not impact the probability or
consequences of accidents.
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements;
The exemption request involves submitting an updated COL
application by TVA
and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting a COL
application update to the NRC.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Also special circumstances are present.
Therefore, the Commission hereby grants TVA a one-time exemption from
the requirements of 10 CFR 10 CFR Part 50, Appendix E, Section I.5
pertaining to the BLN 3&4 COL application to allow submittal of the
revised COL application that complies with the enhancements to the EP
rules prior to any request to the NRC to resume the review, and in any
event, no later than December 31, 2014.
Pursuant to 10 CFR 51.22, the Commission has determined that the
exemption request meets the applicable categorical exclusion criteria
set forth in 10 CFR 51.22(c)(25), and the granting of this exemption
will not have a significant effect on the quality of the human
environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 19th day of December 2013.
For The Nuclear Regulatory Commission
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors,
[FR Doc. 2013-31210 Filed 12-27-13; 8:45 am]
BILLING CODE 7590-01-P
