Carolina Power & Light Company, Shearon Harris Nuclear Power Plant, Unit 1; Exemption, 9958-9959 [2010-4525]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–4527 Filed 3–3–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–400; NRC–2010–0020]
Carolina Power & Light Company,
Shearon Harris Nuclear Power Plant,
Unit 1; Exemption
1.0
Background
Carolina Power & Light Company (the
licensee), now doing business as
Progress Energy Carolinas, Inc. (PEC), is
the holder of Renewed Facility
Operating License No. NPF–63, which
authorizes operation of the Shearon
Harris Nuclear Power Plant, Unit 1
(HNP). The license provides, 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 one pressurized water reactor
located in New Hill, North Carolina.
mstockstill on DSKH9S0YB1PROD with NOTICES
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 the
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 three
of these new requirements that HNP
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
VerDate Nov<24>2008
16:39 Mar 03, 2010
Jkt 220001
implemented by the licensee by March
31, 2010.
By letter dated November 30, 2009, as
supplemented by letter dated December
16, 2009, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific Exemptions.’’
Attachment 1 to the licensee’s
November 30, 2009, letter, as well as the
December 16, 2009, letter in its entirety,
contain security-related 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
physical modifications to the current
site security configuration before all
requirements of 10 CFR part 73 can be
met. Specifically, the request is to
extend the compliance date for one
requirement from the current March 31,
2010, deadline to July 30, 2010, and to
extend the compliance date for two
additional requirements to December
15, 2010. Being granted this exemption
for the three items would allow the
licensee to complete the modifications
designed to update aging equipment and
incorporate state-of-the-art technology
to meet the regulatory requirements.
3.0 Discussion of Part 73 Schedule
Exemptions From the March 31, 2010,
Full Implementation Date
The regulation in 10 CFR 73.55(a)(1)
states: ‘‘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, as
noted above, would allow an extension
from March 31, 2010, until July 30,
2010, for one requirement, and
December 15, 2010, for two other
requirements. As stated above, 10 CFR
73.5 allows the NRC to grant
exemptions from the requirements of 10
CFR 73. The NRC staff has determined
that granting the licensee’s proposed
exemption would 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.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
In the draft final rule provided to the
Commission on 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
desires 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 sitespecific analyses in order 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, 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.
Shearon Harris Nuclear Power Plant,
Unit 1, Schedule Exemption Request
The licensee provided detailed
information in Attachment 1 of its
November 30, 2009, letter requesting an
exemption. It describes a
comprehensive plan to install additional
intrusion detection equipment, relocate
certain security assets, and upgrade
other security related systems at the
HNP site, as well as providing a
timeline for achieving full compliance
with the new regulation. Attachment 1
contains security-related information
regarding the site security plan, details
of the specific requirements 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 enable the licensee to achieve
full compliance by July 30, 2010, and
December 15, 2010, respectively. The
timeline provides dates indicating
when: (1) The design work will be
completed for the projects that will
bring each of the three remaining areas
into compliance; (2) construction will
begin on various phases of the projects
E:\FR\FM\04MRN1.SGM
04MRN1
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
(i.e., new roads, buildings, and fences);
and (3) critical equipment will be
ordered, installed, tested and become
operational.
The licensee indicated that with
completion of the three projects noted
above by July 30, 2010, and December
15, 2010, HNP will be in full
compliance with all the regulatory
requirements of 10 CFR 73.55, as issued
on March 27, 2009. Notwithstanding the
schedular exemptions for these limited
requirements, 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 HNP’s current
NRC approved physical security
program.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The 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 July
30, 2010, and December 15, 2010,
respectively, with regard to three
specified requirements of 10 CFR 73.55.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, 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 installation of additional
intrusion detection equipment,
relocation of certain security assets, and
upgrades to other security related
systems are complete at HNP justifies
extending the full compliance date with
regard to the specified requirements of
10 CFR 73.55. The security measures
that HNP needs additional time to
implement are new requirements
imposed by the March 27, 2009,
amendments to 10 CFR 73.55, and are
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,
deadline for the three items specified in
Attachment 1 of the PEC letter dated
November 30, 2009, the licensee is
required to be in full compliance with
the specified requirements of 10 CFR
VerDate Nov<24>2008
16:39 Mar 03, 2010
Jkt 220001
73.55 by July 30, 2010, and December
15, 2010, as applicable. 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 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 3942, dated
January 25, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 24th day
of February 2010.
For the Nuclear Regulatory Commission.
Allen Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–4525 Filed 3–3–10; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–29161]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
February 26, 2010.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of February,
2010. A copy of each application may be
obtained via the Commission’s Web site
by searching for the file number, or an
applicant using the Company name box,
at https://www.sec.gov/search/
search.htm or by calling (202) 551–
8090. An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail. Hearing requests should be
received by the SEC by 5:30 p.m. on
March 23, 2010, and should be
accompanied by proof of service on the
applicant, in the form of an affidavit or,
for lawyers, a certificate of service.
Hearing requests should state the nature
of the writer’s interest, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary, U.S. Securities
and Exchange Commission, 100 F
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
9959
Street, NE., Washington, DC 20549–
1090.
FOR FURTHER INFORMATION CONTACT:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Office of Investment Company
Regulation, 100 F Street, NE.,
Washington, DC 20549–4041.
Oppenheimer Baring Japan Fund [File
No. 811–21954]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On August 8,
2009, applicant transferred its assets to
Oppenheimer International Growth
Fund, based on net asset value.
Expenses of $33,608 incurred in
connection with the reorganization were
paid by applicant.
Filing Date: The application was filed
on February 2, 2010.
Applicant’s Address: 6803 S. Tucson
Way, Centennial, CO 80112.
Samarnan Investment Corporation [File
No. 811–2824]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On December 2,
2009, applicant made a final liquidating
distribution to its shareholders, based
on net asset value. Expenses of $93,115
incurred in connection with the
liquidation were paid by applicant.
Applicant has retained $37,700 in cash
to pay certain outstanding expenses.
Filing Date: The application was filed
on February 1, 2010.
Applicant’s Address: 214 North
Ridgeway Dr., Cleburne, TX 76033.
North Track Funds, Inc. [File No. 811–
4401]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On July 31, 2009,
applicant made a liquidating
distribution to its shareholders, based
on net asset value. Expenses of $74,209
incurred in connection with the
liquidation were paid by applicant and
Ziegler Capital Management, LLC,
applicant’s investment adviser.
Filing Date: The application was filed
on February 5, 2010.
Applicant’s Address: 200 South
Wacker Dr., Suite 2000, Chicago, IL
60606.
Cohen & Steers European Realty
Shares, Inc. [File No. 811–22010]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On September 18,
2009, applicant transferred its assets to
Cohen & Steers International Realty
Fund, Inc., based on net asset value.
E:\FR\FM\04MRN1.SGM
04MRN1
]]>Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Notices]
[Pages 9958-9959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4525]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400; NRC-2010-0020]
Carolina Power & Light Company, Shearon Harris Nuclear Power
Plant, Unit 1; Exemption
1.0 Background
Carolina Power & Light Company (the licensee), now doing business
as Progress Energy Carolinas, Inc. (PEC), is the holder of Renewed
Facility Operating License No. NPF-63, which authorizes operation of
the Shearon Harris Nuclear Power Plant, Unit 1 (HNP). The license
provides, 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 one pressurized water reactor located in New Hill,
North Carolina.
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
the 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 three of these new
requirements that HNP 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 30, 2009, as supplemented by letter dated
December 16, 2009, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific Exemptions.'' Attachment 1 to the
licensee's November 30, 2009, letter, as well as the December 16, 2009,
letter in its entirety, contain security-related 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 physical modifications to
the current site security configuration before all requirements of 10
CFR part 73 can be met. Specifically, the request is to extend the
compliance date for one requirement from the current March 31, 2010,
deadline to July 30, 2010, and to extend the compliance date for two
additional requirements to December 15, 2010. Being granted this
exemption for the three items would allow the licensee to complete the
modifications designed to update aging equipment and incorporate state-
of-the-art technology to meet the regulatory requirements.
3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010,
Full Implementation Date
The regulation in 10 CFR 73.55(a)(1) states: ``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, as noted above, would allow an
extension from March 31, 2010, until July 30, 2010, for one
requirement, and December 15, 2010, for two other requirements. As
stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the
requirements of 10 CFR 73. The NRC staff has determined that granting
the licensee's proposed exemption would 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 on 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 desires 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 in order 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, 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.
Shearon Harris Nuclear Power Plant, Unit 1, Schedule Exemption Request
The licensee provided detailed information in Attachment 1 of its
November 30, 2009, letter requesting an exemption. It describes a
comprehensive plan to install additional intrusion detection equipment,
relocate certain security assets, and upgrade other security related
systems at the HNP site, as well as providing a timeline for achieving
full compliance with the new regulation. Attachment 1 contains
security-related information regarding the site security plan, details
of the specific requirements 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 enable the licensee to achieve
full compliance by July 30, 2010, and December 15, 2010, respectively.
The timeline provides dates indicating when: (1) The design work will
be completed for the projects that will bring each of the three
remaining areas into compliance; (2) construction will begin on various
phases of the projects
[[Page 9959]]
(i.e., new roads, buildings, and fences); and (3) critical equipment
will be ordered, installed, tested and become operational.
The licensee indicated that with completion of the three projects
noted above by July 30, 2010, and December 15, 2010, HNP will be in
full compliance with all the regulatory requirements of 10 CFR 73.55,
as issued on March 27, 2009. Notwithstanding the schedular exemptions
for these limited requirements, 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 HNP's current NRC approved
physical security program.
4.0 Conclusion for Part 73 Schedule Exemption Request
The 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 July 30, 2010, and December 15,
2010, respectively, with regard to three specified requirements of 10
CFR 73.55. Accordingly, the Commission has determined that pursuant to
10 CFR 73.5, 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 installation of additional intrusion detection
equipment, relocation of certain security assets, and upgrades to other
security related systems are complete at HNP justifies extending the
full compliance date with regard to the specified requirements of 10
CFR 73.55. The security measures that HNP needs additional time to
implement are new requirements imposed by the March 27, 2009,
amendments to 10 CFR 73.55, and are 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, deadline for the three
items specified in Attachment 1 of the PEC letter dated November 30,
2009, the licensee is required to be in full compliance with the
specified requirements of 10 CFR 73.55 by July 30, 2010, and December
15, 2010, as applicable. 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 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 3942, dated January 25, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 24th day of February 2010.
For the Nuclear Regulatory Commission.
Allen Howe,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2010-4525 Filed 3-3-10; 8:45 am]
BILLING CODE 7590-01-P
