Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2; Annual Updates to License Renewal Application, 57942-57944 [2016-20272]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 57942 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), John Lai (Telephone 301–415–5197 or Email: John.Lai@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 21, 2015 (80 FR 63846). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North Building, 11555 Rockville Pike, Rockville, Maryland. After registering with security, please contact Mr. Theron Brown (Telephone 240–888–9835) to be escorted to the meeting room. Dated: August 17, 2016. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2016–20266 Filed 8–23–16; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 20:16 Aug 23, 2016 Jkt 238001 NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on T–H Phenomena; Notice of Meeting The ACRS Subcommittees on T–H Phenomenon and Metallurgy & Reactor Fuels will hold a meeting on September 19, 2016, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The meeting will be open to public attendance with the exception of portions that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: Monday, September 19, 2016—8:30 a.m. Until 5 p.m. The Subcommittee will review the fidelity of methods and codes for operation at AREVA’s Extended Flow Window (plant-specific Monticello). The Subcommittee will hear presentations by and hold discussions with the NRC staff regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Zena Abdullahi (Telephone 301–415–8716 or Email: Zena.Abdullahi@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 21, 2015, (80 FR 63846). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240–888–9835) to be escorted to the meeting room. Dated: August 16, 2016. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2016–20270 Filed 8–23–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–275 and 50–323; NRC– 2009–0552] Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2; Annual Updates to License Renewal Application Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 1, 2016, request from Pacific Gas and Electric Company (PG&E), which requested an exemption from the requirement to submit annual updates to its license renewal application (LRA) for Diablo Canyon Power Plant (DCPP), Units 1 and 2. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption while the review of the LRA remains suspended. DATE: The exemption is effective on August 24, 2016. ADDRESSES: Please refer to Docket ID NRC–2009–0552 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 https://www.regulations.gov and search for Docket ID NRC–2009–0552. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices 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 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 (if it 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: Michael J. Wentzel, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–6459; email: Michael.Wentzel@nrc.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES I. Background By letter dated November 23, 2009 (ADAMS Package No. ML093340125), PG&E submitted an application pursuant to part 54 of title 10 of the Code of Federal Regulations (10 CFR) for the renewal of Facility Operating Licenses DPR–80 and DPR–82 for DCPP. A notice of acceptance for docketing of the application and opportunity for hearing regarding renewal of the facility operating licenses was published in the Federal Register on January 21, 2010 (75 FR 3493). On June 21, 2016, PG&E notified the NRC that it had reached an agreement in principle with various stakeholders to not proceed with the DCPP license renewal and requested that the NRC suspend activity on the LRA, pending approval of the agreement by the California Public Utilities Commission (ADAMS Accession No. ML16173A454). On July 28, 2016, the NRC staff notified PG&E that it had suspended its review of the DCPP LRA (ADAMS Accession No. ML16193A599). Although the NRC staff has suspended its review of the DCPP LRA, the NRC’s regulations at 10 CFR 54.21(b) would still require PG&E to provide an annual update to its LRA identifying changes made to the current licensing basis VerDate Sep<11>2014 20:16 Aug 23, 2016 Jkt 238001 (CLB) for DCPP that materially affect the LRA, absent this exemption request. II. Request/Action Pursuant to 10 CFR 54.15, ‘‘Specific exemptions,’’ which references 10 CFR 50.12, PG&E’s letter dated August 1, 2016 (ADAMS Accession No. ML16214A369), requested an exemption from the requirements of 10 CFR 54.21, ‘‘Contents of application—technical information,’’ paragraph (b), related to the schedule for submitting periodic updates to the DCPP LRA, while the NRC staff’s review of the DCPP LRA is suspended. Given PG&E’s request for approval from the California Public Utilities Commission to not proceed with license renewal for DCPP, PG&E is requesting exemption from the requirements in 10 CFR 54.21(b). Should the California Public Utilities Commission deny PG&E’s request and direct PG&E to pursue license renewal, PG&E would provide an amendment to the DCPP LRA that identifies changes to the CLB of the facility that materially affect the contents of the LRA by a date agreed upon between PG&E and the NRC. III. Discussion Pursuant to 10 CFR 54.15, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of 10 CFR part 54, in accordance with 10 CFR 50.12, when (1) the exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security; and (2) special circumstances are present. As applicable to the requested exemption, special circumstances exist when application 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 54.21(b) is to ensure that the effect of changes to a renewal applicant’s existing licensing basis is evaluated during the review of a renewal application (56 FR 64954). As referenced above, the NRC staff has suspended its review of the DCPP LRA in response to PG&E’s June 21, 2016, request. As such, the NRC staff would not review an update to the DCPP LRA, should it be provided; therefore, updating the LRA while the review is suspended is unnecessary to achieve the underlying purpose of the rule. Should PG&E resume the license renewal process for DCPP, the NRC will require it to provide an amendment to the DCPP PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 57943 LRA that identifies applicable changes to the CLB of the facility since the period of time covered in PG&E’s December 21, 2015, update (ADAMS Accession No. ML16004A149) by a date agreed upon between PG&E and the NRC. Authorized by Law Pursuant to 10 CFR 54.15, and in accordance with 10 CFR 50.12, the NRC may grant an exemption from the requirements of 10 CFR part 54, if the exemption is authorized by law. The exemption is authorized by law in that no other prohibition of law exists to preclude the activities which would be authorized by the exemption. Granting this exemption will provide PG&E with relief from the requirements of 10 CFR 54.21(b) while review of the DCPP LRA is suspended and will not result in a violation of the Atomic Energy Act of 1954, as amended, or the NRC’s regulations. Therefore, this exemption request is authorized by law. No Undue Risk to Public Health and Safety The underlying purpose of 10 CFR 54.21(b) is to ensure that changes made to the CLB of a facility that materially affect an LRA are reflected in a timely manner over the course of the NRC staff’s review. The requested exemption is administrative in nature, in that it pertains to the schedule for submitting periodic updates of an application for renewal under 10 CFR part 54. Based on the nature of the requested exemption as described above, no new accident precursors are created by the exemption. As a result, neither the probability, nor the consequences, of postulated accidents are increased. Therefore, the requested exemption does not result in any undue risk to public health and safety. Consistent With Common Defense and Security The requested exemption would exempt PG&E from providing updates to the DCPP LRA while review of the LRA is suspended. This proposed change has no relation to security issues. Therefore, the common defense and security is not impacted by the exemption. Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2), are present whenever application 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)). E:\FR\FM\24AUN1.SGM 24AUN1 57944 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices As discussed above, the requested exemption will exempt PG&E from submitting LRA updates while the NRC’s review of the application is suspended. Because the NRC staff would not review an update to the DCPP LRA, should it be provided, application of 10 CFR 54.21(b) is not necessary to achieve the underlying purpose of the rule. Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). mstockstill on DSK3G9T082PROD with NOTICES 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). Under 10 CFR 51.22(c)(25), granting of an exemption from the requirements of any regulation of 10 CFR chapter 1 (which includes 10 CFR 54.21(b)) is an action that is a categorical exclusion, provided that it meets the requirements of 10 CFR 51.22(c)(25)(i) through (vi). The NRC staff’s determination that each of the applicable criteria for this categorical exclusion is met as follows: I. 10 CFR 51.22(c)(25)(i): There is no significant hazards consideration. Staff Analysis: The criteria for determining if an exemption involves a significant hazards consideration are found in 10 CFR 50.92. The action involves only changes regarding the submission of updates to an application for which the licensing review is currently suspended. Therefore, there are no significant hazard considerations because granting the 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. 10 CFR 51.22(c)(25)(ii): There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite. Staff Analysis: The proposed action involves only a change regarding the submission of updates, which is administrative in nature, and does not involve any changes in the types or significant increase in the amounts of effluents that may be released offsite. III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in individual or cumulative public or occupational radiation exposure. VerDate Sep<11>2014 20:16 Aug 23, 2016 Jkt 238001 Staff Analysis: Since the proposed action involves only a change regarding the submission of updates, which is administrative in nature, it does not contribute to any significant increase in occupational or public radiation exposure. IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction impact. Staff Analysis: Since the proposed action involves only a change regarding the submission of updates, which is administrative in nature; it does not involve any construction impact. V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the potential for or consequences from radiological accidents. Staff Analysis: The proposed action involves only a change regarding the submission of updates, which is administrative in nature and does not impact the probability or consequences of accidents. VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this exemption is sought involve 10 CFR 51.22(c)(25)(vi)(B) (reporting requirements) and 10 CFR 51.22(c)(25)(vi)(G) (scheduling requirements). Staff Analysis: The exemption request involves requirements in both of these categories because it involves suspending the requirement contained in 10 CFR 54.21(b) to provide an update to the DCPP LRA each year following submittal of the LRA. IV. Conclusions The NRC has determined that, pursuant to 10 CFR 54.15, and in accordance with 10 CFR 50.12, 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 exist under 10 CFR 50.12(a)(2)(ii). Therefore, the NRC hereby grants PG&E this exemption from the requirements of 10 CFR 54.21(b) to allow PG&E to dispense with the submission of updates to the DCPP LRA while the NRC’s review of the LRA is suspended. Should PG&E resume the license renewal process for DCPP, the NRC will require it to provide an amendment to the DCPP LRA that identifies applicable changes to the CLB of the facility since the period of time covered in PG&E’s December 21, 2015, update by a date agreed upon between PG&E and the NRC. Additionally, 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 a significant effect on the quality of the human environment. Dated at Rockville, Maryland, this 17th Day of August 2016. For the Nuclear Regulatory Commission. Jane E. Marshall, Acting Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2016–20272 Filed 8–23–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Digital I&C Systems; Notice of Meeting The ACRS Subcommittee on Digital I&C Systems will hold a meeting on September 7, 2016, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Wednesday, September 7, 2016—8:30 a.m. Until 12 p.m. The Subcommittee will review the Methods for Assuring Safety and Dependability when Applying Digital Instrumentation and Control Systems. The Subcommittee will hear presentations by and hold discussions with the NRC staff, representatives from EPRI, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Christina Antonescu (Telephone 301–415–6792 or Email: Christina.Antonescu@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57942-57944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20272]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323; NRC-2009-0552]


Pacific Gas and Electric Company; Diablo Canyon Power Plant, 
Units 1 and 2; Annual Updates to License Renewal Application

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 an August 1, 2016, request from Pacific Gas 
and Electric Company (PG&E), which requested an exemption from the 
requirement to submit annual updates to its license renewal application 
(LRA) for Diablo Canyon Power Plant (DCPP), Units 1 and 2. The NRC 
staff reviewed this request and determined that it is appropriate to 
grant the exemption while the review of the LRA remains suspended.

DATE: The exemption is effective on August 24, 2016.

ADDRESSES: Please refer to Docket ID NRC-2009-0552 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 https://www.regulations.gov and search for Docket ID NRC-2009-0552. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463;

[[Page 57943]]

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 publicly-available documents online in the 
ADAMS Public Documents collection 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 (if it 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: Michael J. Wentzel, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-6459; email: Michael.Wentzel@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    By letter dated November 23, 2009 (ADAMS Package No. ML093340125), 
PG&E submitted an application pursuant to part 54 of title 10 of the 
Code of Federal Regulations (10 CFR) for the renewal of Facility 
Operating Licenses DPR-80 and DPR-82 for DCPP. A notice of acceptance 
for docketing of the application and opportunity for hearing regarding 
renewal of the facility operating licenses was published in the Federal 
Register on January 21, 2010 (75 FR 3493). On June 21, 2016, PG&E 
notified the NRC that it had reached an agreement in principle with 
various stakeholders to not proceed with the DCPP license renewal and 
requested that the NRC suspend activity on the LRA, pending approval of 
the agreement by the California Public Utilities Commission (ADAMS 
Accession No. ML16173A454). On July 28, 2016, the NRC staff notified 
PG&E that it had suspended its review of the DCPP LRA (ADAMS Accession 
No. ML16193A599). Although the NRC staff has suspended its review of 
the DCPP LRA, the NRC's regulations at 10 CFR 54.21(b) would still 
require PG&E to provide an annual update to its LRA identifying changes 
made to the current licensing basis (CLB) for DCPP that materially 
affect the LRA, absent this exemption request.

II. Request/Action

    Pursuant to 10 CFR 54.15, ``Specific exemptions,'' which references 
10 CFR 50.12, PG&E's letter dated August 1, 2016 (ADAMS Accession No. 
ML16214A369), requested an exemption from the requirements of 10 CFR 
54.21, ``Contents of application--technical information,'' paragraph 
(b), related to the schedule for submitting periodic updates to the 
DCPP LRA, while the NRC staff's review of the DCPP LRA is suspended. 
Given PG&E's request for approval from the California Public Utilities 
Commission to not proceed with license renewal for DCPP, PG&E is 
requesting exemption from the requirements in 10 CFR 54.21(b). Should 
the California Public Utilities Commission deny PG&E's request and 
direct PG&E to pursue license renewal, PG&E would provide an amendment 
to the DCPP LRA that identifies changes to the CLB of the facility that 
materially affect the contents of the LRA by a date agreed upon between 
PG&E and the NRC.

III. Discussion

    Pursuant to 10 CFR 54.15, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of the regulations of 10 CFR part 54, in accordance 
with 10 CFR 50.12, when (1) the exemptions are authorized by law, will 
not present an undue risk to the public health and safety, and are 
consistent with the common defense and security; and (2) special 
circumstances are present. As applicable to the requested exemption, 
special circumstances exist when application 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 54.21(b) is to ensure that the effect of 
changes to a renewal applicant's existing licensing basis is evaluated 
during the review of a renewal application (56 FR 64954). As referenced 
above, the NRC staff has suspended its review of the DCPP LRA in 
response to PG&E's June 21, 2016, request. As such, the NRC staff would 
not review an update to the DCPP LRA, should it be provided; therefore, 
updating the LRA while the review is suspended is unnecessary to 
achieve the underlying purpose of the rule. Should PG&E resume the 
license renewal process for DCPP, the NRC will require it to provide an 
amendment to the DCPP LRA that identifies applicable changes to the CLB 
of the facility since the period of time covered in PG&E's December 21, 
2015, update (ADAMS Accession No. ML16004A149) by a date agreed upon 
between PG&E and the NRC.

Authorized by Law

    Pursuant to 10 CFR 54.15, and in accordance with 10 CFR 50.12, the 
NRC may grant an exemption from the requirements of 10 CFR part 54, if 
the exemption is authorized by law. The exemption is authorized by law 
in that no other prohibition of law exists to preclude the activities 
which would be authorized by the exemption. Granting this exemption 
will provide PG&E with relief from the requirements of 10 CFR 54.21(b) 
while review of the DCPP LRA is suspended and will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the NRC's 
regulations. Therefore, this exemption request is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 54.21(b) is to ensure that changes 
made to the CLB of a facility that materially affect an LRA are 
reflected in a timely manner over the course of the NRC staff's review. 
The requested exemption is administrative in nature, in that it 
pertains to the schedule for submitting periodic updates of an 
application for renewal under 10 CFR part 54. Based on the nature of 
the requested exemption as described above, no new accident precursors 
are created by the exemption. As a result, neither the probability, nor 
the consequences, of postulated accidents are increased. Therefore, the 
requested exemption does not result in any undue risk to public health 
and safety.

Consistent With Common Defense and Security

    The requested exemption would exempt PG&E from providing updates to 
the DCPP LRA while review of the LRA is suspended. This proposed change 
has no relation to security issues. Therefore, the common defense and 
security is not impacted by the exemption.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2), are 
present whenever application 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)).

[[Page 57944]]

    As discussed above, the requested exemption will exempt PG&E from 
submitting LRA updates while the NRC's review of the application is 
suspended. Because the NRC staff would not review an update to the DCPP 
LRA, should it be provided, application of 10 CFR 54.21(b) is not 
necessary to achieve the underlying purpose of the rule. Therefore, 
special circumstances exist under 10 CFR 50.12(a)(2)(ii).

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). Under 10 CFR 51.22(c)(25), granting of an exemption from 
the requirements of any regulation of 10 CFR chapter 1 (which includes 
10 CFR 54.21(b)) is an action that is a categorical exclusion, provided 
that it meets the requirements of 10 CFR 51.22(c)(25)(i) through (vi). 
The NRC staff's determination that each of the applicable criteria for 
this categorical exclusion is met as follows:
    I. 10 CFR 51.22(c)(25)(i): There is no significant hazards 
consideration.
    Staff Analysis: The criteria for determining if an exemption 
involves a significant hazards consideration are found in 10 CFR 50.92. 
The action involves only changes regarding the submission of updates to 
an application for which the licensing review is currently suspended. 
Therefore, there are no significant hazard considerations because 
granting the 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. 10 CFR 51.22(c)(25)(ii): There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    Staff Analysis: The proposed action involves only a change 
regarding the submission of updates, which is administrative in nature, 
and does not involve any changes in the types or significant increase 
in the amounts of effluents that may be released offsite.
    III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    Staff Analysis: Since the proposed action involves only a change 
regarding the submission of updates, which is administrative in nature, 
it does not contribute to any significant increase in occupational or 
public radiation exposure.
    IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction 
impact.
    Staff Analysis: Since the proposed action involves only a change 
regarding the submission of updates, which is administrative in nature; 
it does not involve any construction impact.
    V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the 
potential for or consequences from radiological accidents.
    Staff Analysis: The proposed action involves only a change 
regarding the submission of updates, which is administrative in nature 
and does not impact the probability or consequences of accidents.
    VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this 
exemption is sought involve 10 CFR 51.22(c)(25)(vi)(B) (reporting 
requirements) and 10 CFR 51.22(c)(25)(vi)(G) (scheduling requirements).
    Staff Analysis: The exemption request involves requirements in both 
of these categories because it involves suspending the requirement 
contained in 10 CFR 54.21(b) to provide an update to the DCPP LRA each 
year following submittal of the LRA.

IV. Conclusions

    The NRC has determined that, pursuant to 10 CFR 54.15, and in 
accordance with 10 CFR 50.12, 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 exist under 10 CFR 50.12(a)(2)(ii). Therefore, the NRC 
hereby grants PG&E this exemption from the requirements of 10 CFR 
54.21(b) to allow PG&E to dispense with the submission of updates to 
the DCPP LRA while the NRC's review of the LRA is suspended. Should 
PG&E resume the license renewal process for DCPP, the NRC will require 
it to provide an amendment to the DCPP LRA that identifies applicable 
changes to the CLB of the facility since the period of time covered in 
PG&E's December 21, 2015, update by a date agreed upon between PG&E and 
the NRC.
    Additionally, 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.

    Dated at Rockville, Maryland, this 17th Day of August 2016.

    For the Nuclear Regulatory Commission.
Jane E. Marshall,
Acting Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2016-20272 Filed 8-23-16; 8:45 am]
 BILLING CODE 7590-01-P

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