Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 1 and 2; Exemption, 9622-9623 [2010-4381]
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9622
Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices
when the HNP equipment installation is
complete justifies extending the full
compliance date with regard to the
specific requirement of 10 CFR 73.55.
The security measure, that HNP needs
additional time to implement, is a new
requirement imposed by the March 27,
2009, amendments to 10 CFR 73.55, and
is in addition to those required by the
security orders issued in response to the
events of September 11, 2001.
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 from the March 31, 2010,
implementation deadline for the
requirement specified in the SNC letter
dated November 6, 2009, as
supplemented November 20, 2009, the
licensee is required to be in full
compliance by December 6, 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, ‘‘Finding 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 (75 FR 3761; dated
January 22, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 24th day
of February 2010.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–4380 Filed 3–2–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–424 and 50–425; NRC–
2010–0023]
mstockstill on DSKH9S0YB1PROD with NOTICES
Southern Nuclear Operating Company,
Inc.; Vogtle Electric Generating Plant,
Units 1 and 2; Exemption
1.0 Background
Southern Nuclear Operating
Company, Inc. (SNC, the licensee), is
the holder of Renewed Facility
Operating License Nos. NPF–68 and
NPF–81, which authorizes operation of
the Vogtle Electric Generating Plant,
Units 1 and 2 (VEGP). The licenses
VerDate Nov<24>2008
16:08 Mar 02, 2010
Jkt 220001
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
Burke County, Georgia.
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 programs. The amendments to
10 CFR 73.55 published on March 27,
2009 establish and update generically
applicable security requirements similar
to those previously imposed by
Commission orders issued after the
terrorist attacks of September 11, 2001,
and implemented by licensees. In
addition, the amendments to 10 CFR
73.55 include additional requirements
to further enhance site security based
upon insights gained from
implementation of the post September
11, 2001, security orders. It is from one
requirement of these new requirements
that VEGP now seeks an exemption
from the March 31, 2010,
implementation date. All other physical
security requirements established by
this recent rulemaking have already
been or will be implemented by the
licensee by March 31, 2010.
By letter dated November 6, 2009, as
supplemented by letter dated November
20, 2009, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s letters contain proprietary
information and, accordingly, those
portions are not available to the public.
The licensee has requested an
exemption from the March 31, 2010,
compliance date stating that a number
of issues will present a significant
challenge to timely completion of the
project related to a specific requirement
in 10 CFR Part 73. Specifically, the
request is to extend the compliance date
for one specific requirement from the
current March 31, 2010, deadline to
September 27, 2010. Being granted this
exemption for the one item will allow
the licensee to complete the
modifications designed to update
equipment and incorporate state-of-the-
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
art technology to meet the noted
regulatory requirement.
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, licensed under 10 CFR
Part 50, 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.
NRC approval of this exemption
would; as noted above, allow an
extension from March 31, 2010, to
September 27, 2010, for the
implementation date for one specific
requirement of the new rule. 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 provided to the
Commission (SECY–08–0099 dated July
9, 2008), 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
achieve 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 generic industry request to
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,
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices
Nuclear Energy Institute). The licensee’s
request for an exemption is therefore
consistent with the approach set forth
by the Commission as discussed in the
June 4, 2009, letter.
mstockstill on DSKH9S0YB1PROD with NOTICES
VEGP Schedule Exemption Request
The licensee provided detailed
information in its letter dated November
6, 2009, as supplemented November 20,
2009, requesting an exemption. It
describes a comprehensive plan to
install equipment related to a certain
requirement in the new Part 73 rule and
provides a timeline for achieving full
compliance with the new regulation.
The submittals contain proprietary
information regarding the site security
plan, details of the specific requirement
of the regulation for which 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
September 27, 2010. The timeline
provides dates indicating (1) when
various phases of the project begin and
end (i.e., design, field construction), (2)
outages scheduled for each unit, and (3)
when critical equipment will be
ordered, installed, tested and become
operational.
Notwithstanding the schedular
exemption for this limited requirement,
the licensee will continue to be in
compliance with all other applicable
physical security requirements as
described in 10 CFR 73.55 and reflected
in its current NRC approved physical
security program. By September 27,
2010, VEGP will be in full compliance
with all the regulatory requirements of
10 CFR 73.55, as issued on March 27,
2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The NRC staff has reviewed the
licensee’s submittals and concludes that
the licensee has provided adequate
justification for its request for an
extension of the compliance date to
September 27, 2010, with regard to a
specific requirement of 10 CFR 73.55.
Accordingly, the Commission has
determined that pursuant to10 CFR
73.5, ‘‘Specific exemptions,’’ an
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.
Therefore, the Commission hereby
grants the requested exemption.
The NRC staff has determined that the
long-term benefits that will be realized
when the VEGP equipment installation
VerDate Nov<24>2008
16:08 Mar 02, 2010
Jkt 220001
is complete justifies extending the full
compliance date with regard to the
specific requirement of 10 CFR 73.55.
The security measure, that VEGP needs
additional time to implement, is a new
requirement imposed by the March 27,
2009, amendments to 10 CFR 73.55, and
is in addition to those required by the
security orders issued in response to the
events of September 11, 2001.
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 from the March 31, 2010,
implementation deadline for the
requirement specified in the SNC letter
dated November 6, 2009, as
supplemented November 20, 2009, the
licensee is required to be in full
compliance by September 27, 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, ‘‘Finding 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 75 FR 3943; dated
January 25, 2010.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 24 day
of February 2010.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–4381 Filed 3–2–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. STN 50–528, STN 50–529, and
STN 50–530; NRC–2010–0058]
Arizona Public Service Company, et
al.; Palo Verde Nuclear Generating
Station, Units 1, 2, and 3; Exemption
1.0 Background
The Arizona Public Service Company
(APS, the facility licensee) is the holder
of Facility Operating License Nos. NPF–
41, NPF–51, and NPF–74, which
authorize operation of the Palo Verde
Nuclear Generating Station (PVNGS, the
facility), Units 1, 2, and 3, respectively.
The licenses provide, among other
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
9623
things, that the facility is subject to all
rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC,
or the Commission) now or hereafter in
effect.
The facility consists of three
pressurized-water reactors located in
Maricopa County, Arizona.
2.0 Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) Part 50, Appendix
G, ‘‘Fracture Toughness Requirements,’’
which is invoked by 10 CFR 50.60,
requires that pressure-temperature (P–T)
limits be established for the reactor
coolant pressure boundary during
normal operating and hydrostatic or
leak rate testing conditions. Specifically,
10 CFR Part 50, Appendix G states that
‘‘[t]he appropriate requirements on both
the pressure-temperature limits and the
minimum permissible temperature must
be met for all conditions,’’ and ‘‘[t]he
pressure-temperature limits identified
as ‘ASME [American Society for
Mechanical Engineers] Appendix G
limits’ in Table 3 require that the limits
must be at least as conservative as limits
obtained by following the methods of
analysis and the margins of safety of
Appendix G of Section XI of the ASME
Code [Boiler and Pressure Vessel
Code].’’ The regulations in 10 CFR Part
50, Appendix G, also specify the
applicable editions and addenda of the
ASME Code, Section XI, which are
incorporated by reference in 10 CFR
50.55a. In the most recent version of 10
CFR (2009 Edition), the 1977 Edition
through the 2004 Edition of the ASME
Code, Section XI are incorporated by
reference in 10 CFR 50.55a. Finally, 10
CFR 50.60(b) states that, ‘‘[p]roposed
alternatives to the described
requirements in Append[ix] G * * * of
this part or portions thereof may be used
when an exemption is granted by the
Commission under [10 CFR] 50.12.’’
By letter dated February 19, 2009, as
supplemented by letter dated December
22, 2009 (Agencywide Documents
Access and Management System
(ADAMS) Accession Nos. ML090641014
and ML100040069, respectively), the
licensee submitted a request for
exemption from 10 CFR Part 50,
Appendix G regarding the pressuretemperature (P–T) limits calculation,
and a license amendment request to
revise Technical Specification (TS) 3.4,
‘‘Reactor Coolant System (RCS),’’ to
relocate the P–T limits and the low
temperature overpressure protection
(LTOP) system enable temperatures
from the TS to a licensee-controlled
document; the Pressure and
Temperature Limits Report (PTLR). In
the license amendment request, the
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Notices]
[Pages 9622-9623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4381]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424 and 50-425; NRC-2010-0023]
Southern Nuclear Operating Company, Inc.; Vogtle Electric
Generating Plant, Units 1 and 2; Exemption
1.0 Background
Southern Nuclear Operating Company, Inc. (SNC, the licensee), is
the holder of Renewed Facility Operating License Nos. NPF-68 and NPF-
81, which authorizes operation of the Vogtle Electric Generating Plant,
Units 1 and 2 (VEGP). 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 Burke County, Georgia.
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 programs. The amendments to 10 CFR 73.55
published on March 27, 2009 establish and update generically applicable
security requirements similar to those previously imposed by Commission
orders issued after the terrorist attacks of September 11, 2001, and
implemented by licensees. In addition, the amendments to 10 CFR 73.55
include additional requirements to further enhance site security based
upon insights gained from implementation of the post September 11,
2001, security orders. It is from one requirement of these new
requirements that VEGP now seeks an exemption from the March 31, 2010,
implementation date. All other physical security requirements
established by this recent rulemaking have already been or will be
implemented by the licensee by March 31, 2010.
By letter dated November 6, 2009, as supplemented by letter dated
November 20, 2009, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's letters
contain proprietary information and, accordingly, those portions are
not available to the public. The licensee has requested an exemption
from the March 31, 2010, compliance date stating that a number of
issues will present a significant challenge to timely completion of the
project related to a specific requirement in 10 CFR Part 73.
Specifically, the request is to extend the compliance date for one
specific requirement from the current March 31, 2010, deadline to
September 27, 2010. Being granted this exemption for the one item will
allow the licensee to complete the modifications designed to update
equipment and incorporate state-of-the-art technology to meet the noted
regulatory requirement.
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, licensed under 10 CFR Part 50, 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.
NRC approval of this exemption would; as noted above, allow an
extension from March 31, 2010, to September 27, 2010, for the
implementation date for one specific requirement of the new rule. 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 provided to the Commission (SECY-08-0099
dated July 9, 2008), 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 achieve 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 generic industry request to 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,
[[Page 9623]]
Nuclear Energy Institute). The licensee's request for an exemption is
therefore consistent with the approach set forth by the Commission as
discussed in the June 4, 2009, letter.
VEGP Schedule Exemption Request
The licensee provided detailed information in its letter dated
November 6, 2009, as supplemented November 20, 2009, requesting an
exemption. It describes a comprehensive plan to install equipment
related to a certain requirement in the new Part 73 rule and provides a
timeline for achieving full compliance with the new regulation. The
submittals contain proprietary information regarding the site security
plan, details of the specific requirement of the regulation for which
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 September 27, 2010. The timeline provides dates
indicating (1) when various phases of the project begin and end (i.e.,
design, field construction), (2) outages scheduled for each unit, and
(3) when critical equipment will be ordered, installed, tested and
become operational.
Notwithstanding the schedular exemption for this limited
requirement, the licensee will continue to be in compliance with all
other applicable physical security requirements as described in 10 CFR
73.55 and reflected in its current NRC approved physical security
program. By September 27, 2010, VEGP will be in full compliance with
all the regulatory requirements of 10 CFR 73.55, as issued on March 27,
2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The NRC staff has reviewed the licensee's submittals and concludes
that the licensee has provided adequate justification for its request
for an extension of the compliance date to September 27, 2010, with
regard to a specific requirement of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to10 CFR
73.5, ``Specific exemptions,'' an 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. Therefore, the Commission hereby grants the requested
exemption.
The NRC staff has determined that the long-term benefits that will
be realized when the VEGP equipment installation is complete justifies
extending the full compliance date with regard to the specific
requirement of 10 CFR 73.55. The security measure, that VEGP needs
additional time to implement, is a new requirement imposed by the March
27, 2009, amendments to 10 CFR 73.55, and is in addition to those
required by the security orders issued in response to the events of
September 11, 2001. 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 from the March 31, 2010, implementation deadline for
the requirement specified in the SNC letter dated November 6, 2009, as
supplemented November 20, 2009, the licensee is required to be in full
compliance by September 27, 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, ``Finding 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 75 FR 3943; dated January 25, 2010.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 24 day of February 2010.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2010-4381 Filed 3-2-10; 8:45 am]
BILLING CODE 7590-01-P