Nebraska Public Power District, Cooper Nuclear Station; Exemption, 10517-10519 [2010-4830]
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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
H. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
10517
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 2nd day
of March 2010.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/Activity
0 .........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
supporting the standing of a potential party identified by name and address; describing the need for the information in
order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs
any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing
(preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information
to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 .......................
60 .......................
20 .......................
25 .......................
30 .......................
40 .......................
A ........................
A + 3 ..................
A + 28 ................
A + 53 ................
A + 60 ................
>A + 60 ..............
[FR Doc. 2010–4815 Filed 3–5–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
srobinson on DSKHWCL6B1PROD with NOTICES
[Docket No. 50–298; NRC–2010–0061]
Nebraska Public Power District,
Cooper Nuclear Station; Exemption
1.0
Background
Operating License No. DPR–46 which
authorizes operation of the Cooper
Nuclear Station (CNS). The license
provides, among other things, that the
facility is subject to the rules,
regulations, and orders of the Nuclear
Regulatory Commission (NRC, the
Commission) now or hereafter in effect.
Nebraska Public Power District (NPPD
or the licensee) is the holder of Facility
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
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17:12 Mar 05, 2010
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staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\08MRN1.SGM
08MRN1
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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
The facility consists of a boiling-water
reactor located in Nemaha County,
Nebraska.
srobinson on DSKHWCL6B1PROD 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 in the
Federal Register on 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 three of these
additional requirements that CNS 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 application dated December 22,
2009, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s letter contains securityrelated information and, accordingly,
those portions are not available to the
public. The licensee has requested an
exemption from the March 31, 2010,
implementation date, stating that it
must complete a number of
modifications to the current site security
configuration before all requirements
can be met. Specifically, the request is
for three requirements that would be
met by August 31, 2010, instead of the
March 31, 2010, deadline. Granting this
exemption for the three items would
allow the licensee to complete the
modifications designed to update aging
equipment and incorporate state-of-theart technology to meet or exceed the
regulatory requirements.
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17:12 Mar 05, 2010
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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, as
noted above, would allow an extension
from March 31, 2010, until August 31,
2010, of the implementation date for
three specific requirements of the new
rule. As stated above, 10 CFR 73.5
allows the NRC to grant exemptions
from the requirements of 10 CFR Part
73. 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, the exemption is
authorized by law.
In the draft final rule provided to the
Commission, the NRC staff proposed
that the requirements of the new
regulation be met within 180 days. The
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to 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
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, as
documented in the letter from R.W.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
Borchardt (NRC) to M.S. Fertel (Nuclear
Energy Institute) dated June 4, 2009.
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.
CNS Schedule Exemption Request
The licensee provided detailed
information in the Attachment to its
letter dated December 22, 2009,
requesting an exemption. The licensee
is requesting additional time to
implement certain new requirements
due to the amount of engineering and
design, material procurement,
construction and installation activities,
inclement weather, and a fall 2009
refueling outage. The licensee describes
a comprehensive plan to expand the
protected area with upgrades to the
security capabilities of its CNS site and
provides a timeline for achieving full
compliance with the new regulation.
The Attachment to the licensee’s letter
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, justification for the exemption
request, a description of the required
changes to the site’s security
configuration, and a timeline with
critical path activities that would bring
the licensee into full compliance by
August 31, 2010. The timeline provides
dates indicating when (1) construction
will begin on various phases of the
project (e.g., new buildings and fences),
and (2) critical equipment will be
ordered, installed, tested and become
operational. A redacted version of the
licensee’s exemption request, including
attachment, is publicly available at
Agencywide Documents Management
and Access System (ADAMS) Accession
No. ML093580132.
Notwithstanding the scheduler
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
August 31, 2010, CNS will be in full
compliance with the regulatory
requirements of 10 CFR 73.55, as issued
on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The staff has reviewed the licensee’s
submittal and concludes that the
licensee has justified its request for an
extension of the compliance date with
regard to three specified requirements of
10 CFR 73.55 until August 31, 2010.
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
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 long-term benefits that will be
realized when the CNS modifications
are complete justifies extending the full
compliance date in the case of this
particular licensee. The security
measures that CNS needs additional
time to complete, 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 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,
deadline for the three items specified in
the Attachment to NPPD’s letter dated
December 22, 2009, the licensee is
required to be in full compliance with
10 CFR 73.55 by August 31, 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 8153;
February 23, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 26th 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. 2010–4830 Filed 3–5–10; 8:45 am]
BILLING CODE 7590–01–P
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17:12 Mar 05, 2010
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–134; NRC–2010–0053]
Notice of License Amendment Request
by the Worcester Polytechnic Institute
for Approval of the Decommissioning
Plan for the Leslie C. Wilbur Nuclear
Reactor Facility in Worcester, MA and
Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of license amendment
request and opportunity to request a
hearing.
DATES: A request for a hearing must be
filed by May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Ted
Carter, Project Manager, Materials
Decommissioning Branch, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission (NRC), Two
White Flint North, Mail Stop T8 F5,
11545 Rockville Pike, Rockville,
Maryland 20852–2738 Telephone: (301)
415–5543; fax number: (301) 415–5369;
e-mail: ted.carter@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
In an application dated September 30,
2009, Worcester Polytechnic Institute
(WPI or the licensee) submitted a
Decommissioning Plan (DP) to the NRC
for approval for its Leslie C. Wilbur
Nuclear Reactor Facility (LCWNRF) on
the campus of WPI in Worcester,
Massachusetts. The DP and supporting
documents for the LCWNRF are located
in ADAMS at ML092880231. WPI is
working closely with the Department of
Energy, the Idaho National Laboratory
and NAC International, Inc. to facilitate
and schedule the removal of reactor fuel
from the facility before WPI’s overall
dismantling and decommissioning
begins. WPI submitted its combined
Quality Procedure and Quality
Assurance (QA) document
(ML092160598) in relation to WPI’s
nuclear fuel removal process on July 21,
2009. NRC reviewed and approved
WPI’s QA program for fuel removal on
August 19, 2009 (ML092310471).
On September 21, 2009, WPI
submitted its nuclear materials
Transportation Plan (TP) in support of
the removal of fuel. This document
contains safeguards information and is
not available to the public (see Section
V, Further Information, for instructions
for requesting access to this document).
The TP which specifically addresses
compliance with the requirements of 10
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
10519
CFR Part 73 (‘‘Physical Protection of
Plants and Material’’), is under review.
The TP will govern the one-time
shipment offsite of WPI’s nuclear
reactor fuel. WPI plans to ship the fuel
to another research and test reactor
licensed by the NRC.
If the NRC approves WPI’s DP, the
approval will be documented in an
amendment to NRC License No. R–61.
Before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended (the
AEA), and the National Environmental
Policy Act. These findings will be
documented, respectively, in a Safety
Evaluation Report (SER), and in a
separate environmental analysis
performed by the NRC.
II. Opportunity To Request a Hearing
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, Petitions to Intervene,
Requirements for Standing, and
Contentions.’’ Interested persons should
consult 10 CFR Part 2, section 2.309,
which is available at the NRC’s Public
Document Room (PDR), located at O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or
call the PDR at (800) 397–4209 or (301)
415–4737). NRC regulations are also
accessible electronically from the NRC’s
Electronic Reading Room on the NRC
Web site at https://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. As required by 10
CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
petitioner in the proceeding and how
that interest may be affected by the
results of the proceeding. The petition
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the AEA to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10517-10519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4830]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-298; NRC-2010-0061]
Nebraska Public Power District, Cooper Nuclear Station; Exemption
1.0 Background
Nebraska Public Power District (NPPD or the licensee) is the holder
of Facility Operating License No. DPR-46 which authorizes operation of
the Cooper Nuclear Station (CNS). The license provides, among other
things, that the facility is subject to the rules, regulations, and
orders of the Nuclear Regulatory Commission (NRC, the Commission) now
or hereafter in effect.
[[Page 10518]]
The facility consists of a boiling-water reactor located in Nemaha
County, Nebraska.
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 in the
Federal Register on 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 three of these
additional requirements that CNS 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 application dated December 22, 2009, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.'' The
licensee's letter contains security-related information and,
accordingly, those portions are not available to the public. The
licensee has requested an exemption from the March 31, 2010,
implementation date, stating that it must complete a number of
modifications to the current site security configuration before all
requirements can be met. Specifically, the request is for three
requirements that would be met by August 31, 2010, instead of the March
31, 2010, deadline. Granting 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 or
exceed the regulatory requirements.
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, as noted above, would allow an
extension from March 31, 2010, until August 31, 2010, of the
implementation date for three specific requirements of the new rule. As
stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 73. 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, the exemption is authorized by
law.
In the draft final rule provided to the Commission, the NRC staff
proposed that the requirements of the new regulation be met within 180
days. The Commission directed a change from 180 days to approximately 1
year for licensees to fully implement the new requirements. This change
was incorporated into the final rule. From this, it is clear that the
Commission wanted to provide a reasonable timeframe for licensees to
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, as documented in the letter from R.W. Borchardt (NRC) to M.S.
Fertel (Nuclear Energy Institute) dated June 4, 2009. 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.
CNS Schedule Exemption Request
The licensee provided detailed information in the Attachment to its
letter dated December 22, 2009, requesting an exemption. The licensee
is requesting additional time to implement certain new requirements due
to the amount of engineering and design, material procurement,
construction and installation activities, inclement weather, and a fall
2009 refueling outage. The licensee describes a comprehensive plan to
expand the protected area with upgrades to the security capabilities of
its CNS site and provides a timeline for achieving full compliance with
the new regulation. The Attachment to the licensee's letter 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, justification
for the exemption request, a description of the required changes to the
site's security configuration, and a timeline with critical path
activities that would bring the licensee into full compliance by August
31, 2010. The timeline provides dates indicating when (1) construction
will begin on various phases of the project (e.g., new buildings and
fences), and (2) critical equipment will be ordered, installed, tested
and become operational. A redacted version of the licensee's exemption
request, including attachment, is publicly available at Agencywide
Documents Management and Access System (ADAMS) Accession No.
ML093580132.
Notwithstanding the scheduler 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 August 31, 2010, CNS will be in full compliance with the
regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The staff has reviewed the licensee's submittal and concludes that
the licensee has justified its request for an extension of the
compliance date with regard to three specified requirements of 10 CFR
73.55 until August 31, 2010.
[[Page 10519]]
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 long-term benefits that will be realized when the CNS
modifications are complete justifies extending the full compliance date
in the case of this particular licensee. The security measures that CNS
needs additional time to complete, 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 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, deadline for the three
items specified in the Attachment to NPPD's letter dated December 22,
2009, the licensee is required to be in full compliance with 10 CFR
73.55 by August 31, 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 8153; February 23, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th 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. 2010-4830 Filed 3-5-10; 8:45 am]
BILLING CODE 7590-01-P
