Southern Nuclear Operating Company; Alabama Power Company; Joseph M. Farley Nuclear Plant, Units 1 and 2; Exemption, 45885-45886 [E9-21456]
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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices
improve regulatory efficiency. A
description of current risk-informed
initiatives may be found in (1) recent
updates to the NRC staff’s Risk-Informed
and Performance-Based Plan (RPP)
formerly known as the Risk-Informed
Regulation Implementation Plan, and (2)
the agency Internet site at https://
www.nrc.gov/about-nrc/regulatory/riskinformed.html.
One significant activity undertaken in
response to the policy statement is the
use of PRA to support decisions to
modify an individual plant’s licensing
basis (LB). This regulatory guide
provides guidance on the use of PRA
findings and risk insights to support
licensee requests for changes to a plant’s
LB, as in requests for license
amendments and technical specification
changes under Title 10 of the Code of
Federal Regulations (10 CFR) Sections
50.90, ‘‘Application for Amendment of
License, Construction Permit, or Early
Site Permit,’’ through 50.92, ‘‘Issuance
of Amendment.’’ It does not address
licensee-initiated changes to the LB that
do NOT require NRC review and
approval (e.g., changes to the facility as
described in the final safety analysis
report (FSAR), the subject of 10 CFR
50.59, ‘‘Changes, Tests, and
Experiments’’).
srobinson on DSKHWCL6B1PROD with NOTICES
II. Further Information
The NRC staff is soliciting comments
on DG–1226. Comments may be
accompanied by relevant information or
supporting data and should mention
DG–1226 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
Because your comments will not be
edited to remove any identifying or
contact information, the NRC cautions
you against including any information
in your submission that you do not want
to be publicly disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed. You may submit
comments by any of the following
methods:
1. Mail comments to: Rulemaking and
Directives Branch, Mail Stop: TWB–05–
B01M, Office of Administration, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
VerDate Nov<24>2008
17:16 Sep 03, 2009
Jkt 217001
2. Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2009–0385]. Address questions
about NRC dockets to Carol Gallagher,
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
3. Fax comments to: Rulemaking and
Directives Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission at (301) 492–3446.
Requests for technical information
about DG–1226 may be directed to the
NRC contact, Donald Helton at (301)
251–7594 or e-mail to
Donald.Helton@nrc.gov.
Comments would be most helpful if
received by November 3, 2009.
Comments received after that date will
be considered if it is practical to do so,
but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Electronic copies of DG–1226 are
available through the NRC’s public Web
site under Draft Regulatory Guides in
the ‘‘Regulatory Guides’’ collection of
the NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also
available in ADAMS (https://
www.nrc.gov/reading-rm/adams.html),
under Accession No. ML091200100.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR) located at
11555 Rockville Pike, Rockville,
Maryland. The PDR’s mailing address is
USNRC PDR, Washington, DC 20555–
0001. The PDR can also be reached by
telephone at (301) 415–4737 or (800)
397–4205, by fax at (301) 415–3548, and
by e-mail to pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 25 day
of August 2009.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. E9–21470 Filed 9–3–09; 8:45 am]
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45885
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–348 and 50–364; NRC–
2009–0375]
Southern Nuclear Operating Company;
Alabama Power Company; Joseph M.
Farley Nuclear Plant, Units 1 and 2;
Exemption
1.0
Background
Southern Nuclear Operating Company
(SNC, the licensee) is the holder of
Facility Operating License Numbers
NPF–2 and NPF–8, which authorize
operation of the Joseph M. Farley
Nuclear Plant, Units 1 and 2 (FNP). The
licenses provide, among other things,
that the facility is subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect.
The facility consists of two
pressurized water reactors located in
Houston County, Alabama.
2.0
Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) Part 73, ‘‘Physical
protection of plants and materials,’’
Section 73.55, ‘‘Requirements for
physical protection of licensed activities
in nuclear power reactors against
radiological sabotage,’’ published March
27, 2009, effective May 26, 2009, with
a full implementation date of March 31,
2010, requires licensees to protect, with
high assurance, against radiological
sabotage by designing and
implementing comprehensive site
security plans.
By letter dated June 9, 2009, as
supplemented by letter dated July 31,
2009 the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s June 9, 2009, letter and
certain portions of its July 31, 2009
letter contain proprietary and safeguards
information and, accordingly, are not
available to the public. The licensee has
requested an exemption from the March
31, 2010, compliance date stating that it
must complete a number of significant
modifications to the current site security
configuration before all requirements
can be met. Specifically, the request is
for three requirements that would be in
place by December 15, 2010, versus the
March 31, 2010 deadline. Being granted
this exemption for the three items will
allow the licensee to complete the
modifications designed to update aging
equipment and incorporate state-of-theart technology to meet or exceed
regulatory requirements.
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45886
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
3.0 Discussion of Part 73 Schedule
Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ‘‘By
March 31, 2010, each nuclear power
reactor licensee shall implement the
requirements of this section through its
Commission-approved Physical Security
Plan, Training and Qualification Plan,
Safeguards Contingency Plan, and Cyber
Security Plan referred to collectively
hereafter as ‘security plans.’ ’’ Pursuant
to 10 CFR 73.5, the Commission may,
upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR Part 73 when the exemptions are
authorized by law, and will not
endanger life or property or the common
defense and security, and are otherwise
in the public interest. This exemption
would, as noted above, allow an
extension from March 31, 2010, until
December 15, 2010, to allow for
temporary noncompliance with the new
rule in three specified areas. The NRC
staff has determined that granting of the
licensee’s proposed exemption will not
result in a violation of the Atomic
Energy Act of 1954, as amended, or the
Commission’s regulations. Therefore,
the exemption is authorized by law.
In the draft final rule sent to the
Commission, the NRC staff proposed
that the requirements of the new
regulation be met within 180 days. The
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to reach full
compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct site
specific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a request to generically extend
the rule’s compliance date for all
operating nuclear power plants, but
noted that the Commission’s regulations
provide mechanisms for individual
licensees, with good cause, to apply for
relief from the compliance date
(Reference: June 4, 2009 letter from R.
W. Borchardt, NRC, to M. S. Fertel,
Nuclear Energy Institute). The licensee’s
request for an exemption is therefore
consistent with the approach set forth
VerDate Nov<24>2008
17:16 Sep 03, 2009
Jkt 217001
by the Commission and discussed in the
June 4, 2009, letter.
Farley Schedule Exemption Request
The licensee provided detailed
information in Enclosure 1 of its
supplemental submittal to the SNC June
9, 2009, letter requesting an exemption.
It describes a comprehensive plan to
expand the protected area (PA) by
approximately 100 percent with
upgrades to the security capabilities of
its Farley site and provides a timeline
for achieving full compliance with the
new regulation. Enclosure 1 contains
proprietary information regarding the
site security plan, details of specific
portions of the regulation where the site
cannot be in compliance by the March
31, 2010, deadline and why the required
changes to the site’s security
configuration, and a timeline with
critical path activities that will bring the
licensee into full compliance by
December 15, 2010. The timeline
provides dates indicating when (1)
construction will begin on various
phases of the project (i.e., new roads,
buildings, and fences), (2) outages are
scheduled for each unit, and (3) critical
equipment will be ordered, installed,
tested and become operational.
As described in its submittals, the
licensee will maintain the current PA
until the site modifications are
completely implemented by December
15, 2010. Enclosure 2 to the July 31,
2009, submittal includes safeguards
(SGI) information that describes
compensatory measures the licensee
will incorporate into the Joseph M.
Farley Nuclear Plant Site Security Plan
by the compliance date of March 31,
2010, which will supplement the
protective measures already in place to
maintain high assurance against
radiological sabotage. The licensee
indicated that with the incorporation of
the extended protected area (PA) by
December 15, 2010, the Farley Nuclear
Plant will be in full compliance with the
regulatory requirements of 10 CFR
73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The staff has reviewed the licensee’s
submittals and concludes that the
licensee has justified its request for an
extension of the compliance date with
regard to three specified requirements of
10 CFR 73.55 until December 15, 2010.
The Commission has determined that
pursuant to 10 CFR 73.5, ‘‘Specific
exemptions,’’ exemption from the
March 31, 2010, compliance date is
authorized by law and will not endanger
life or property or the common defense
and security, and is otherwise in the
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
public interest. The licensee has
compensatory measures as described in
Enclosure 2 to its supplemental letter of
July 31, 2009, that the staff finds
acceptable. The basis for this
determination is that the current site
protective strategy has been approved
by the NRC staff as providing high
assurance for the protection of the
facility and public from the effects of
radiological sabotage. As a condition of
the Commission’s approval, these
compensatory measures must be in
place by March 31, 2010, and
incorporated into the site security plan
in accordance with 10 CFR 50.54(p)(2)
or 10 CFR 50.90, as determined by the
licensee to be appropriate.
The long-term benefits that will be
realized when the PA expansion is
complete justifies exceeding the full
compliance date in the case of this
particular licensee. Therefore, it is
concluded that the licensee’s actions are
in the best interest of protecting the
public health and safety through the
security changes that will result from
granting this exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption to the March 31, 2010
deadline for the three items specified in
Enclosure 1 of SNC letter dated July 31,
2009, the licensee is required to be in
full compliance with 10 CFR 73.55 by
December 15, 2010. In achieving
compliance, the licensee is reminded
that it is responsible for determining the
appropriate licensing mechanism (i.e.,
10 CFR 50.54(p) or 10 CFR 50.90) for
incorporation of all necessary changes
to its security plans.
Pursuant to 10 CFR 51.32, ‘‘Find of no
significant impact,’’ the Commission has
previously determined that the granting
of this exemption will not have a
significant effect on the quality of the
human environment dated August 26,
2009 (74 FR 43169).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 27th day
of August 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–21456 Filed 9–3–09; 8:45 am]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45885-45886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21456]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348 and 50-364; NRC-2009-0375]
Southern Nuclear Operating Company; Alabama Power Company; Joseph
M. Farley Nuclear Plant, Units 1 and 2; Exemption
1.0 Background
Southern Nuclear Operating Company (SNC, the licensee) is the
holder of Facility Operating License Numbers NPF-2 and NPF-8, which
authorize operation of the Joseph M. Farley Nuclear Plant, Units 1 and
2 (FNP). The licenses provide, among other things, that the facility is
subject to all rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of two pressurized water reactors located in
Houston County, Alabama.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) Part 73,
``Physical protection of plants and materials,'' Section 73.55,
``Requirements for physical protection of licensed activities in
nuclear power reactors against radiological sabotage,'' published March
27, 2009, effective May 26, 2009, with a full implementation date of
March 31, 2010, requires licensees to protect, with high assurance,
against radiological sabotage by designing and implementing
comprehensive site security plans.
By letter dated June 9, 2009, as supplemented by letter dated July
31, 2009 the licensee requested an exemption in accordance with 10 CFR
73.5, ``Specific exemptions.'' The licensee's June 9, 2009, letter and
certain portions of its July 31, 2009 letter contain proprietary and
safeguards information and, accordingly, are not available to the
public. The licensee has requested an exemption from the March 31,
2010, compliance date stating that it must complete a number of
significant modifications to the current site security configuration
before all requirements can be met. Specifically, the request is for
three requirements that would be in place by December 15, 2010, versus
the March 31, 2010 deadline. Being granted this exemption for the three
items will allow the licensee to complete the modifications designed to
update aging equipment and incorporate state-of-the-art technology to
meet or exceed regulatory requirements.
[[Page 45886]]
3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee shall implement the requirements of this section
through its Commission-approved Physical Security Plan, Training and
Qualification Plan, Safeguards Contingency Plan, and Cyber Security
Plan referred to collectively hereafter as `security plans.' ''
Pursuant to 10 CFR 73.5, the Commission may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR Part 73 when the exemptions are authorized by
law, and will not endanger life or property or the common defense and
security, and are otherwise in the public interest. This exemption
would, as noted above, allow an extension from March 31, 2010, until
December 15, 2010, to allow for temporary noncompliance with the new
rule in three specified areas. The NRC staff has determined that
granting of the licensee's proposed exemption will not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
Commission's regulations. Therefore, the exemption is authorized by
law.
In the draft final rule sent to the Commission, the NRC staff
proposed that the requirements of the new regulation be met within 180
days. The Commission directed a change from 180 days to approximately 1
year for licensees to fully implement the new requirements. This change
was incorporated into the final rule. From this, it is clear that the
Commission wanted to provide a reasonable timeframe for licensees to
reach full compliance.
As noted in the final rule, the Commission also anticipated that
licensees would have to conduct site specific analyses to determine
what changes were necessary to implement the rule's requirements, and
that changes could be accomplished through a variety of licensing
mechanisms, including exemptions. Since issuance of the final rule, the
Commission has rejected a request to generically extend the rule's
compliance date for all operating nuclear power plants, but noted that
the Commission's regulations provide mechanisms for individual
licensees, with good cause, to apply for relief from the compliance
date (Reference: June 4, 2009 letter from R. W. Borchardt, NRC, to M.
S. Fertel, Nuclear Energy Institute). The licensee's request for an
exemption is therefore consistent with the approach set forth by the
Commission and discussed in the June 4, 2009, letter.
Farley Schedule Exemption Request
The licensee provided detailed information in Enclosure 1 of its
supplemental submittal to the SNC June 9, 2009, letter requesting an
exemption. It describes a comprehensive plan to expand the protected
area (PA) by approximately 100 percent with upgrades to the security
capabilities of its Farley site and provides a timeline for achieving
full compliance with the new regulation. Enclosure 1 contains
proprietary information regarding the site security plan, details of
specific portions of the regulation where the site cannot be in
compliance by the March 31, 2010, deadline and why the required changes
to the site's security configuration, and a timeline with critical path
activities that will bring the licensee into full compliance by
December 15, 2010. The timeline provides dates indicating when (1)
construction will begin on various phases of the project (i.e., new
roads, buildings, and fences), (2) outages are scheduled for each unit,
and (3) critical equipment will be ordered, installed, tested and
become operational.
As described in its submittals, the licensee will maintain the
current PA until the site modifications are completely implemented by
December 15, 2010. Enclosure 2 to the July 31, 2009, submittal includes
safeguards (SGI) information that describes compensatory measures the
licensee will incorporate into the Joseph M. Farley Nuclear Plant Site
Security Plan by the compliance date of March 31, 2010, which will
supplement the protective measures already in place to maintain high
assurance against radiological sabotage. The licensee indicated that
with the incorporation of the extended protected area (PA) by December
15, 2010, the Farley Nuclear Plant will be in full compliance with the
regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The staff has reviewed the licensee's submittals and concludes that
the licensee has justified its request for an extension of the
compliance date with regard to three specified requirements of 10 CFR
73.55 until December 15, 2010.
The Commission has determined that pursuant to 10 CFR 73.5,
``Specific exemptions,'' exemption from the March 31, 2010, compliance
date is authorized by law and will not endanger life or property or the
common defense and security, and is otherwise in the public interest.
The licensee has compensatory measures as described in Enclosure 2 to
its supplemental letter of July 31, 2009, that the staff finds
acceptable. The basis for this determination is that the current site
protective strategy has been approved by the NRC staff as providing
high assurance for the protection of the facility and public from the
effects of radiological sabotage. As a condition of the Commission's
approval, these compensatory measures must be in place by March 31,
2010, and incorporated into the site security plan in accordance with
10 CFR 50.54(p)(2) or 10 CFR 50.90, as determined by the licensee to be
appropriate.
The long-term benefits that will be realized when the PA expansion
is complete justifies exceeding the full compliance date in the case of
this particular licensee. Therefore, it is concluded that the
licensee's actions are in the best interest of protecting the public
health and safety through the security changes that will result from
granting this exemption.
As per the licensee's request and the NRC's regulatory authority to
grant an exemption to the March 31, 2010 deadline for the three items
specified in Enclosure 1 of SNC letter dated July 31, 2009, the
licensee is required to be in full compliance with 10 CFR 73.55 by
December 15, 2010. In achieving compliance, the licensee is reminded
that it is responsible for determining the appropriate licensing
mechanism (i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of
all necessary changes to its security plans.
Pursuant to 10 CFR 51.32, ``Find of no significant impact,'' the
Commission has previously determined that the granting of this
exemption will not have a significant effect on the quality of the
human environment dated August 26, 2009 (74 FR 43169).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day of August 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E9-21456 Filed 9-3-09; 8:45 am]
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