Virginia Electric and Power Company D/B/A Dominion Virginia Power and Old Dominion Electric Cooperative; Combined License Application for North Anna Unit 3; Exemption, 2564-2565 [2010-664]
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Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–017; NRC–2008–0066]
Virginia Electric and Power Company
D/B/A Dominion Virginia Power and
Old Dominion Electric Cooperative;
Combined License Application for
North Anna Unit 3; Exemption
1.0
Background
Virginia Electric and Power Company,
doing business as Dominion Virginia
Power (Dominion), acting on its own
behalf and as agent for Old Dominion
Electric Cooperative (ODEC), submitted
to the U.S. Nuclear Regulatory
Commission (NRC) a combined license
(COL) application, under Title 10 of the
Code of Federal Regulations (10 CFR),
Subpart C of Part 52, for an Economic
Simplified Boiling-Water Reactor
(ESBWR), to be designated as North
Anna Unit 3, at the North Anna Power
Station site located in Louisa County,
VA. The NRC docketed the application
on January 28, 2008, and is currently
performing a detailed review of the
application. In addition, the NRC is
currently performing a detailed review
of the GE Hitachi Nuclear Energy
application for design certification of
the Economic Simplified Boiling Water
Reactor (ESBWR).
jlentini on DSKJ8SOYB1PROD with NOTICES
2.0
Request/Action
10 CFR 50.71(e)(3)(iii) requires that
applicants for a combined license under
10 CFR Part 52 shall, during the period
from docketing of a COL application
until the Commission makes a finding
under 10 CFR 52.103(g) pertaining to
facility operation, submit an annual
update to the application’s final safety
analysis report (FSAR), which is a part
of the application.
Dominion has requested a one-time
exemption from the requirements of 10
CFR 50.71(e)(3)(iii) to allow submittal of
the FSAR update, scheduled for
December 2009, by June 30, 2010, and
submittal of the subsequent FSAR
update in 2011.
In summary, the requested exemption
is a one-time schedule change from the
requirements of 10 CFR 50.71(e)(3)(iii).
The exemption would allow the
applicant to submit the FSAR update
scheduled for 2009 by June 30, 2010,
and to submit the subsequent FSAR
update in 2011. The FSAR update
schedule could not be changed absent
the exemption. Dominion requested the
exemption by letter dated November 17,
2009, (Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML093240090).
VerDate Nov<24>2008
17:34 Jan 14, 2010
Jkt 220001
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 Section 50.71(e)(3)(iii) when
(1) the exemptions are authorized by
law, will not present an undue risk to
public health or safety, and are
consistent with the common defense
and security; and (2) special
circumstances are present. As relevant
to the requested exemption, special
circumstances exist if (1) ‘‘Compliance
would result in undue hardship or other
costs that are significantly in excess of
those contemplated when the regulation
was adopted, or that are significantly in
excess of those incurred by others
similarly situated’’ (10 CFR
50.12(a)(2)(iii)) or (2) ‘‘The exemption
would provide only temporary relief
from the applicable regulation and the
licensee or applicant has made good
faith efforts to comply with the
regulation’’ (10 CFR 50.12(a)(2)(v)).
The regulations at 10 CFR
50.71(e)(3)(iii), requiring annual FSAR
update, did not contemplate a situation
in which a design control document
(DCD) referenced in a COL application
FSAR was revised shortly before the
annual FSAR update was due. The
ESBWR, referenced in the North Anna
Unit 3 COL application, is currently
undergoing NRC review, and Revision 6
of the FSAR, which is a comprehensive
revision, was submitted to the NRC on
August 31, 2009. Consistent with the
regulations at 10 CFR 50.71(e), the COL
FSAR update shall contain information
to reflect all changes since the previous
FSAR update. For North Anna, the
FSAR update is to include the effects of
all changes contained in DCD Revision
6. The overall quantity and nature of
changes in ESBWR FSAR Revision 6
was extensive. Some changes in
Revision 6 call for detailed analyses and
extensive engineering work, including
that of vendors, to be performed prior to
the COL FSAR update. Completing all
prerequisite activities and preparing the
North Anna FSAR update by December
2009, would present a considerable and
undue burden.
The requested one-time exemption to
incorporate ESBWR FSAR Revision 6
into the North Anna FSAR update
would provide only temporary relief
from the regulations at 10 CFR
50.71(e)(3)(iii). The applicant has made
good faith efforts to comply with 10 CFR
50.71(e)(3)(iii) by incorporating ESBWR
FSAR Revision 5 into the prior North
Anna FSAR update and by providing,
on an on-going basis, marked-up COL
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
FSAR pages to incorporate changes
associated with responses to NRC
requests for additional information.
Authorized by Law
The exemption is a one-time schedule
exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption
would allow the applicant to submit the
North Anna FSAR annual update
scheduled for 2009 by June 30, 2010,
and to submit the subsequent FSAR
annual update in 2011. As stated above,
10 CFR 50.12 allows the NRC to grant
exemptions from the requirements of 10
CFR 50.71(e)(3)(iii). The NRC staff has
determined that granting of the
requested 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.
No Undue Risk to Public Health and
Safety
The underlying purpose of 10 CFR
50.71(e)(3)(iii) is to provide for timely,
comprehensive update of the FSAR
associated with a COL application in
order to support an effective and
efficient review by NRC staff and
issuance of the staff’s safety evaluation
report. The requested exemption is
solely administrative in nature in that it
pertains to the schedule for submittal to
the NRC of revisions to an application
under 10 CFR Part 52 for which a
license has not been granted.
Based on the above, no new accident
precursors are created by the exemption;
thus, the probability of postulated
accidents is not increased. Also, based
on the above, the consequences of
postulated accidents are not increased.
Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and
Security
The requested exemption would
allow the applicant to submit the FSAR
annual update scheduled for 2009 by
June 30, 2010, and to submit the
subsequent FSAR annual update in
2011. This schedule change has no
relation to security issues. Therefore,
the common defense and security is not
impacted by this exemption.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2), are present
whenever (1) ‘‘Compliance would result
in undue hardship or other costs that
are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated’’ (10 CFR
E:\FR\FM\15JAN1.SGM
15JAN1
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Notices
50.12(a)(2)(iii)) or (2) ‘‘The exemption
would provide only temporary relief
from the applicable regulation and the
licensee or applicant has made good
faith efforts to comply with the
regulation’’ (10 CFR 50.12(a)(2)(v)).
The underlying purpose of 10 CFR
50.71(e)(3)(iii) is to provide for timely,
comprehensive update of the FSAR
associated with a COL application in
order to support an effective and
efficient review by NRC staff and
issuance of the staff’s safety evaluation
report. As discussed above, the
requested exemption is solely
administrative in nature in that it
pertains to a one-time schedule change
for submittal of revisions to an
application under 10 CFR Part 52 for
which a license has not been granted.
The requested exemption does not affect
the underlying purpose of 10 CFR
50.71(e)(3)(iii).
Therefore, since the underlying
purpose of 10 CFR 50.71(e)(3)(iii) is
achieved, the special circumstances
required by 10 CFR 50.12(a)(2) for the
granting of an exemption from 10 CFR
50.71(e)(3)(iii) exist.
4.0
Conclusion
jlentini on DSKJ8SOYB1PROD with NOTICES
Accordingly, the Commission has
determined that, pursuant to 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 are present. Therefore,
the Commission hereby grants
Dominion an exemption from the
requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the North Anna Unit 3
COL application to allow submital of
the FSAR update scheduled for 2009 by
June 30, 2010, and submittal of the
subsequent FSAR update in 2011.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (74 FR 65161).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 11th day
of January 2010.
For the Nuclear Regulatory Commission.
Jeffrey Cruz,
Chief, ESBWR/ABWR Projects Branch 1,
Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2010–664 Filed 1–14–10; 8:45 am]
BILLING CODE 7590–01–P
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17:34 Jan 14, 2010
Jkt 220001
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0399; Docket No. 50–263]
Northern States Power Company, LLC;
Monticello Nuclear Generating Plant
Final Environmental Assessment and
Finding of No Significant Impact
The Nuclear Regulatory Commission
(NRC) has prepared a final
Environmental Assessment (EA) as part
of its evaluation of a request by
Northern States Power Company
(NSPM) for a license amendment to
increase the maximum thermal power at
the Monticello Nuclear Generating Plant
(MNGP) from 1,775 megawatts thermal
(MWt) to 2,004 MWt. This represents a
power increase of approximately 13
percent over the current licensed
thermal power. As stated in the NRC
staff’s position paper dated February 8,
1996, on the Boiling-Water Reactor
Extended Power Uprate (EPU) Program,
the NRC staff will prepare an
environmental impact statement if it
believes a power uprate would have a
significant impact on the human
environment. The NRC published a
draft EA and finding of no significant
impact on the proposed action for
public comment in the Federal Register
on September 15, 2009 (74 FR 47281).
No comments were received on the draft
EA. The NRC staff did not identify any
significant impact from the information
provided in the licensee’s EPU
application for MNGP or during the
NRC staff’s review of other available
information; therefore, the NRC staff is
documenting its environmental review
in this final EA.
Environmental Assessment
Plant Site and Environs
The MNGP site is located in
Monticello, Minnesota, along the
southern bank of the Mississippi River
at River Mile (RM) 900, approximately
30 miles (48 kilometers) northwest of
Minneapolis/St. Paul, and east of
Interstate Highway 94. The 2,150-acre
(870-hectare) site consists of 2 miles (3
kilometers) of frontage on both banks of
the Mississippi River, within portions of
Wright and Sherburne Counties. The
plant and its supporting facilities
occupy approximately 50 acres (20
hectares) in Wright County.
MNGP is a single-unit boiling water
reactor that has been designed to allow
operation using four water circulating
modes to cool the system, and draws
water from and discharges water to the
Mississippi River. These four water
circulating modes include an open-cycle
(once-through) system, a closed cycle
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Frm 00091
Fmt 4703
Sfmt 4703
2565
system using two mechanical draft
cooling towers, a helper cycle system,
and a partial recirculation of the cooling
water. The helper cycle cools water
using both the open cycle to withdraw
water from and discharge the water back
to the Mississippi River, and the cooling
towers to cool water prior to discharge
to the river. The helper cycle is used
when the discharge canal temperature
approaches permit limits and upstream
river temperatures are consistently at or
above 68 °F. MNGP operates in open
cycle or helper cycle approximately 98
percent of the time. In the partial
recirculation mode, 75 percent of the
Mississippi River flow is withdrawn
and the cooling towers are operating. A
portion of the cooled water is
recirculated to the intake and the
remainder is discharged to the river.
The partial recirculation mode is used
when river flow is less than 860 cubicfeet-per-second (cfs) but greater than
240 cfs, and the river temperature is
elevated.
Identification of the Proposed Action
By application dated November 5,
2008, as supplemented on January 29,
2009 (on environmental issues only) the
licensee requested an amendment for an
EPU for MNGP to increase the licensed
thermal power level from 1,775 MWt to
2,004 MWt, which is an increase of 13
percent over the current licensed
thermal power and a 20 percent increase
over the original licensed thermal
power. The Atomic Energy Commission
(predecessor of the NRC) issued the
Final Environmental Statement (FES) in
November 1972, for the original license
for MNGP. The NRC previously
approved a 6.3 percent stretch power
uprate in September 1998, increasing
the power output from 1,670 MWt to
1,775 MWt. The NRC EA for that action
resulted in a finding of no significant
impact and was published in the
Federal Register on September 1, 1998
(63 FR 46489). In addition, the NRC
issued a Supplemental Environmental
Impact Statement, NUREG–1437,
Supplement 26 (SEIS–26) in August
2006, associated with renewing the
operating license for MNGP for an
additional 20 years. This proposed
amendment for an EPU would result in
an increase in production of electricity
and the amount of waste heat delivered
to the condenser, requiring an increase
to the amount of water withdrawn from
the Mississippi River for cooling
purposes, and a subsequent increase in
the temperature of the water discharged
back to the Mississippi River.
The licensee plans to implement the
proposed EPU in two phases to coincide
with two refueling outages. The first
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15JAN1
]]>Agencies
[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2564-2565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-664]
[[Page 2564]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-017; NRC-2008-0066]
Virginia Electric and Power Company D/B/A Dominion Virginia Power
and Old Dominion Electric Cooperative; Combined License Application for
North Anna Unit 3; Exemption
1.0 Background
Virginia Electric and Power Company, doing business as Dominion
Virginia Power (Dominion), acting on its own behalf and as agent for
Old Dominion Electric Cooperative (ODEC), submitted to the U.S. Nuclear
Regulatory Commission (NRC) a combined license (COL) application, under
Title 10 of the Code of Federal Regulations (10 CFR), Subpart C of Part
52, for an Economic Simplified Boiling-Water Reactor (ESBWR), to be
designated as North Anna Unit 3, at the North Anna Power Station site
located in Louisa County, VA. The NRC docketed the application on
January 28, 2008, and is currently performing a detailed review of the
application. In addition, the NRC is currently performing a detailed
review of the GE Hitachi Nuclear Energy application for design
certification of the Economic Simplified Boiling Water Reactor (ESBWR).
2.0 Request/Action
10 CFR 50.71(e)(3)(iii) requires that applicants for a combined
license under 10 CFR Part 52 shall, during the period from docketing of
a COL application until the Commission makes a finding under 10 CFR
52.103(g) pertaining to facility operation, submit an annual update to
the application's final safety analysis report (FSAR), which is a part
of the application.
Dominion has requested a one-time exemption from the requirements
of 10 CFR 50.71(e)(3)(iii) to allow submittal of the FSAR update,
scheduled for December 2009, by June 30, 2010, and submittal of the
subsequent FSAR update in 2011.
In summary, the requested exemption is a one-time schedule change
from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would
allow the applicant to submit the FSAR update scheduled for 2009 by
June 30, 2010, and to submit the subsequent FSAR update in 2011. The
FSAR update schedule could not be changed absent the exemption.
Dominion requested the exemption by letter dated November 17, 2009,
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML093240090).
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 Section 50.71(e)(3)(iii)
when (1) the exemptions are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present.
As relevant to the requested exemption, special circumstances exist if
(1) ``Compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by
others similarly situated'' (10 CFR 50.12(a)(2)(iii)) or (2) ``The
exemption would provide only temporary relief from the applicable
regulation and the licensee or applicant has made good faith efforts to
comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
The regulations at 10 CFR 50.71(e)(3)(iii), requiring annual FSAR
update, did not contemplate a situation in which a design control
document (DCD) referenced in a COL application FSAR was revised shortly
before the annual FSAR update was due. The ESBWR, referenced in the
North Anna Unit 3 COL application, is currently undergoing NRC review,
and Revision 6 of the FSAR, which is a comprehensive revision, was
submitted to the NRC on August 31, 2009. Consistent with the
regulations at 10 CFR 50.71(e), the COL FSAR update shall contain
information to reflect all changes since the previous FSAR update. For
North Anna, the FSAR update is to include the effects of all changes
contained in DCD Revision 6. The overall quantity and nature of changes
in ESBWR FSAR Revision 6 was extensive. Some changes in Revision 6 call
for detailed analyses and extensive engineering work, including that of
vendors, to be performed prior to the COL FSAR update. Completing all
prerequisite activities and preparing the North Anna FSAR update by
December 2009, would present a considerable and undue burden.
The requested one-time exemption to incorporate ESBWR FSAR Revision
6 into the North Anna FSAR update would provide only temporary relief
from the regulations at 10 CFR 50.71(e)(3)(iii). The applicant has made
good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by
incorporating ESBWR FSAR Revision 5 into the prior North Anna FSAR
update and by providing, on an on-going basis, marked-up COL FSAR pages
to incorporate changes associated with responses to NRC requests for
additional information.
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow the
applicant to submit the North Anna FSAR annual update scheduled for
2009 by June 30, 2010, and to submit the subsequent FSAR annual update
in 2011. As stated above, 10 CFR 50.12 allows the NRC to grant
exemptions from the requirements of 10 CFR 50.71(e)(3)(iii). The NRC
staff has determined that granting of the requested 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.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
timely, comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
NRC staff and issuance of the staff's safety evaluation report. The
requested exemption is solely administrative in nature in that it
pertains to the schedule for submittal to the NRC of revisions to an
application under 10 CFR Part 52 for which a license has not been
granted.
Based on the above, no new accident precursors are created by the
exemption; thus, the probability of postulated accidents is not
increased. Also, based on the above, the consequences of postulated
accidents are not increased. Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and Security
The requested exemption would allow the applicant to submit the
FSAR annual update scheduled for 2009 by June 30, 2010, and to submit
the subsequent FSAR annual update in 2011. This schedule change has no
relation to security issues. Therefore, the common defense and security
is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present whenever (1) ``Compliance would result in undue hardship or
other costs that are significantly in excess of those contemplated when
the regulation was adopted, or that are significantly in excess of
those incurred by others similarly situated'' (10 CFR
[[Page 2565]]
50.12(a)(2)(iii)) or (2) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation'' (10 CFR
50.12(a)(2)(v)).
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
timely, comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
NRC staff and issuance of the staff's safety evaluation report. As
discussed above, the requested exemption is solely administrative in
nature in that it pertains to a one-time schedule change for submittal
of revisions to an application under 10 CFR Part 52 for which a license
has not been granted. The requested exemption does not affect the
underlying purpose of 10 CFR 50.71(e)(3)(iii).
Therefore, since the underlying purpose of 10 CFR 50.71(e)(3)(iii)
is achieved, the special circumstances required by 10 CFR 50.12(a)(2)
for the granting of an exemption from 10 CFR 50.71(e)(3)(iii) exist.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 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 are present.
Therefore, the Commission hereby grants Dominion an exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the North Anna
Unit 3 COL application to allow submital of the FSAR update scheduled
for 2009 by June 30, 2010, and submittal of the subsequent FSAR update
in 2011.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (74 FR 65161).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 11th day of January 2010.
For the Nuclear Regulatory Commission.
Jeffrey Cruz,
Chief, ESBWR/ABWR Projects Branch 1, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2010-664 Filed 1-14-10; 8:45 am]
BILLING CODE 7590-01-P
