PSEG Nuclear LLC, Hope Creek Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 and 2; Exemption, 9956-9958 [2010-4527]
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9956
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices
of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of the
exemption request would result in no
change in current environmental
impacts. If the proposed action was
denied, the licensee would have to
comply with the March 31, 2010,
implementation deadline. The
environmental impacts of the proposed
exemption and the ‘‘no-action’’
alternative are similar.
at 1–800–397–4209 or 301–415–4737, or
send an e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 25th day
of February 2010.
For the Nuclear Regulatory Commission.
Balwant K. Singal,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–4524 Filed 3–3–10; 8:45 am]
Alternative Use of Resources
BILLING CODE 7590–01–P
The action does not involve the use of
any different resources than those
considered in the Final Environmental
Statement for GGNS dated September
1981.
NUCLEAR REGULATORY
COMMISSION
Agencies and Persons Consulted
In accordance with its stated policy,
on January 19, 2010, the NRC staff
consulted with the Mississippi State
official, Mr. B. Smith of the Division of
Radiological Health, regarding the
environmental impact of the proposed
action. The State official had no
comments.
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Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC concludes that the
proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
For further details with respect to the
proposed action, see the licensee’s letter
dated January 14, 2010, as
supplemented by letters dated January
18 and February 4, 2010. Portions of the
January 14 and February 4, 2010,
documents contain security-related
information and, accordingly, are not
available to the public. A redacted
version of the licensee’s January 14,
2010, exemption request is provided in
the licensee’s letter dated January 18,
2010. Other parts of the document may
be examined, and/or copied for a fee, at
the NRC’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O–1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
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[Docket Nos. 50–272, 50–311 and 50–354;
NRC–2010–0043]
PSEG Nuclear LLC, Hope Creek
Generating Station and Salem Nuclear
Generating Station, Unit Nos. 1 and 2;
Exemption
1.0
Background
PSEG Nuclear LLC (PSEG or the
licensee) is the holder of Facility
Operating License Nos. DPR–70,
DPR–75, and NPF–57, which authorize
operation of the Salem Nuclear
Generating Station, Unit Nos. 1 and 2
(Salem), and Hope Creek Generating
Station (HCGS). 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 facilities consist of two
pressurized-water reactors, Salem Unit
Nos. 1 and 2, and a boiling-water
reactor, HCGS, located in Salem County,
New Jersey.
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 as part
of a final rule in the Federal Register on
March 27, 2009 (74 FR 13926), requires
licensees to protect, with high
assurance, against radiological sabotage
by designing and implementing
comprehensive site security programs.
The final rule became effective on May
26, 2009, and compliance with the final
rule is required by March 31, 2010.
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
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
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 PSEG now seeks an
exemption from the March 31, 2010,
implementation date for HCGS and
Salem. All other physical security
requirements established by this recent
rulemaking have already been or will be
implemented by the licensee by March
31, 2010. Specifically, by two letters
dated November 3, 2009, PSEG
requested an exemption in accordance
with 10 CFR 73.5, ‘‘Specific
exemptions.’’ Due to the significant
number of engineering design packages,
procurement needs, and installation
activities associated with the required
security system upgrades, the licensee
has requested an exemption from the
March 31, 2010, implementation date
specified in the new rule for three
requirements in the rule. The items
subject to the request for exemption are
proposed to be implemented by
December 17, 2010. The first letter,
PSEG letter number LR–N09–0248
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML093100223), contains
one enclosure that was designated by
the licensee as containing safeguards
information and, accordingly, the
enclosure is not available to the public.
The second letter, PSEG letter number
LR–N09–0249 (ADAMS Accession No.
ML093100222), including its two
enclosures, is publicly available. The
first enclosure is a redacted version of
the safeguards enclosure in letter
number LR–N09–0248 and the second
enclosure is an environmental impact
statement.
Based on a discussion with the NRC
staff, as documented in an e-mail dated
November 12, 2009 (ADAMS Accession
No. ML093200070), PSEG submitted a
letter dated November 20, 2009, to
clarify the exemption request. The
November 20, 2009, letter contains
safeguards information and,
accordingly, is not publicly available.
On December 15, 2009, the NRC staff
held a closed meeting with PSEG to
discuss the proposed exemption. A
summary of the meeting was issued by
the NRC staff on December 28, 2009
(ADAMS Accession No. ML093500644).
As follow-up to the meeting, PSEG
submitted two letters, dated December
22, 2009, that superseded the November
3, and November 20, 2009, submittals,
with the exception of the environmental
impact statement. The first letter, PSEG
letter number LR–N09–0313, contains
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
safeguards information and,
accordingly, is not available to the
public. The second letter, PSEG letter
number LR–N09–0314 (ADAMS
Accession No. ML093640062), is
publicly available and contains a
redacted version of the safeguards
information contained in letter number
LR–N09–0313.
Being granted this exemption for the
three items would allow the licensee
additional time to complete the
upgrades to the HCGS—Salem security
system as required by the recent
revisions to 10 CFR 73.55.
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
request would, as noted above, allow an
extension from March 31, 2010, until
December 17, 2010, for the three
specific portions of the rule. The NRC
staff has determined that granting of 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,
NRC approval of the licensee’s
exemption request is authorized by law.
In the draft final rule sent to the
Commission on July 9, 2008 (ADAMS
Accession No. ML081780209), 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 sitespecific analyses to determine what
changes were necessary to implement
VerDate Nov<24>2008
16:39 Mar 03, 2010
Jkt 220001
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, ADAMS
Accession No. ML091410309). 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.
HCGS—Salem Schedule Exemption
Request
The licensee provided detailed
information regarding the proposed
exemption in the enclosure to its letter
dated December 22, 2009. The enclosure
describes a comprehensive plan to
upgrade the HCGS—Salem security
system to meet the new requirements in
10 CFR Part 73. Due to the significant
number of engineering design packages,
procurement needs, and installation
activities associated with the required
security system upgrades, the licensee
has requested an exemption from the
March 31, 2010, implementation date
specified in the new rule for three
specific requirements in the rule. The
three items subject to the request for
exemption are proposed to be
implemented by December 17, 2010.
The enclosure to the licensee’s letter
dated December 22, 2009, details the
specific portions of the regulation for
which the site cannot be in compliance
by the March 31, 2010, implementation
date, along with justifications for each
of the proposed non-compliances. The
enclosure also provides a milestone
schedule with the activities necessary to
bring the licensee into full compliance
with 10 CFR 73.55 by December 17,
2010.
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 its current NRCapproved physical security program. By
December 17, 2010, HCGS and Salem
will be in full compliance with all the
regulatory requirements of 10 CFR
73.55, as issued on March 27, 2009.
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Sfmt 4703
9957
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
December 17, 2010, with regard to three
specified requirements of 10 CFR 73.55.
Accordingly, the Commission has
determined that pursuant to 10 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 security upgrades are
complete justifies extending the March
31, 2010, full compliance date for the
three items in the licensee’s exemption
request. The security measures that the
licensee needs additional time to
implement are new requirements
imposed by 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, the NRC staff concludes 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 three
items specified in the enclosure to
PSEG’s letter dated December 22, 2009,
the licensee is required to be in full
compliance with 10 CFR 73.55 by
December 17, 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 6223; dated
February 8, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 25th day
of February 2010.
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9958
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
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]]>Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Notices]
[Pages 9956-9958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4527]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-272, 50-311 and 50-354; NRC-2010-0043]
PSEG Nuclear LLC, Hope Creek Generating Station and Salem Nuclear
Generating Station, Unit Nos. 1 and 2; Exemption
1.0 Background
PSEG Nuclear LLC (PSEG or the licensee) is the holder of Facility
Operating License Nos. DPR-70, DPR-75, and NPF-57, which authorize
operation of the Salem Nuclear Generating Station, Unit Nos. 1 and 2
(Salem), and Hope Creek Generating Station (HCGS). 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 facilities consist of two pressurized-water reactors, Salem
Unit Nos. 1 and 2, and a boiling-water reactor, HCGS, located in Salem
County, New Jersey.
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 as
part of a final rule in the Federal Register on March 27, 2009 (74 FR
13926), requires licensees to protect, with high assurance, against
radiological sabotage by designing and implementing comprehensive site
security programs. The final rule became effective on May 26, 2009, and
compliance with the final rule is required by March 31, 2010.
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 three of these new requirements that PSEG
now seeks an exemption from the March 31, 2010, implementation date for
HCGS and Salem. All other physical security requirements established by
this recent rulemaking have already been or will be implemented by the
licensee by March 31, 2010. Specifically, by two letters dated November
3, 2009, PSEG requested an exemption in accordance with 10 CFR 73.5,
``Specific exemptions.'' Due to the significant number of engineering
design packages, procurement needs, and installation activities
associated with the required security system upgrades, the licensee has
requested an exemption from the March 31, 2010, implementation date
specified in the new rule for three requirements in the rule. The items
subject to the request for exemption are proposed to be implemented by
December 17, 2010. The first letter, PSEG letter number LR-N09-0248
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML093100223), contains one enclosure that was designated by the
licensee as containing safeguards information and, accordingly, the
enclosure is not available to the public. The second letter, PSEG
letter number LR-N09-0249 (ADAMS Accession No. ML093100222), including
its two enclosures, is publicly available. The first enclosure is a
redacted version of the safeguards enclosure in letter number LR-N09-
0248 and the second enclosure is an environmental impact statement.
Based on a discussion with the NRC staff, as documented in an e-
mail dated November 12, 2009 (ADAMS Accession No. ML093200070), PSEG
submitted a letter dated November 20, 2009, to clarify the exemption
request. The November 20, 2009, letter contains safeguards information
and, accordingly, is not publicly available.
On December 15, 2009, the NRC staff held a closed meeting with PSEG
to discuss the proposed exemption. A summary of the meeting was issued
by the NRC staff on December 28, 2009 (ADAMS Accession No.
ML093500644). As follow-up to the meeting, PSEG submitted two letters,
dated December 22, 2009, that superseded the November 3, and November
20, 2009, submittals, with the exception of the environmental impact
statement. The first letter, PSEG letter number LR-N09-0313, contains
[[Page 9957]]
safeguards information and, accordingly, is not available to the
public. The second letter, PSEG letter number LR-N09-0314 (ADAMS
Accession No. ML093640062), is publicly available and contains a
redacted version of the safeguards information contained in letter
number LR-N09-0313.
Being granted this exemption for the three items would allow the
licensee additional time to complete the upgrades to the HCGS--Salem
security system as required by the recent revisions to 10 CFR 73.55.
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 request would, as noted above, allow
an extension from March 31, 2010, until December 17, 2010, for the
three specific portions of the rule. The NRC staff has determined that
granting of 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, NRC approval of the licensee's
exemption request is authorized by law.
In the draft final rule sent to the Commission on July 9, 2008
(ADAMS Accession No. ML081780209), 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, Nuclear Energy Institute, ADAMS Accession No. ML091410309).
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.
HCGS--Salem Schedule Exemption Request
The licensee provided detailed information regarding the proposed
exemption in the enclosure to its letter dated December 22, 2009. The
enclosure describes a comprehensive plan to upgrade the HCGS--Salem
security system to meet the new requirements in 10 CFR Part 73. Due to
the significant number of engineering design packages, procurement
needs, and installation activities associated with the required
security system upgrades, the licensee has requested an exemption from
the March 31, 2010, implementation date specified in the new rule for
three specific requirements in the rule. The three items subject to the
request for exemption are proposed to be implemented by December 17,
2010.
The enclosure to the licensee's letter dated December 22, 2009,
details the specific portions of the regulation for which the site
cannot be in compliance by the March 31, 2010, implementation date,
along with justifications for each of the proposed non-compliances. The
enclosure also provides a milestone schedule with the activities
necessary to bring the licensee into full compliance with 10 CFR 73.55
by December 17, 2010.
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 its current NRC-approved physical security
program. By December 17, 2010, HCGS and Salem 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 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 December 17, 2010, with regard to
three specified requirements of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to 10 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 security upgrades are complete justifies extending
the March 31, 2010, full compliance date for the three items in the
licensee's exemption request. The security measures that the licensee
needs additional time to implement are new requirements imposed by
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, the NRC staff concludes 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 three items specified in the enclosure to PSEG's letter dated
December 22, 2009, the licensee is required to be in full compliance
with 10 CFR 73.55 by December 17, 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 6223; dated February 8, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 25th day of February 2010.
[[Page 9958]]
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
