Pacific Gas and Electric Company; Diablo Canyon Power Plant; Exemption, 10838-10839 [2010-4937]
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10838
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–275 and 50–323; NRC–
2010–0059]
Pacific Gas and Electric Company;
Diablo Canyon Power Plant;
Exemption
1.0
Background
Pacific Gas and Electric Company
(PG&E, the licensee) is the holder of
Facility Operating License Nos. DPR–80
and DPR–82, which authorize operation
of the Diablo Canyon Power Plant, Units
Nos. 1 and 2 (DCPP). 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
San Luis Obispo County, California.
sroberts on DSKD5P82C1PROD 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
on September 11, 2001, and
implemented by the 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 two
of these additional requirements that
PG&E 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 December 4, 2009, the
licensee requested an exemption in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ Portions of the December
4, 2009, submittal contain security-
VerDate Nov<24>2008
19:04 Mar 08, 2010
Jkt 220001
related and safeguards information and,
accordingly, a redacted version of the
December 4, 2009, letter was submitted
by the licensee on January 22, 2010
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML100270050). This
non-proprietary version is 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 the timely completion of
the projects related to certain specific
requirements in 10 CFR 73. Specifically,
the request is to extend the compliance
date from the March 31, 2010, deadline
to June 30, 2011. Granting this
exemption for the two items would
allow the licensee to complete the
modifications designed to update aging
equipment and incorporate state-of-theart technology to meet the noted
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 June 30,
2011, of the implementation date for
two 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
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
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 a 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.
DCPP Schedule Exemption Request
The licensee provided detailed
information in Enclosure 1 to its
application dated December 4, 2009,
letter requesting an exemption. In that
letter, the licensee describes a
comprehensive plan to study, design,
construct, test, and turn over the new
equipment for the enhancement of the
security capabilities at the DCPP site
and provides a timeline for achieving
full compliance with the new
regulation. Enclosure 1 of the
application dated December 4, 2009,
contains security-related and safeguards
information regarding the site security
plan, details of the specific
requirements of the regulation for which
the site cannot achieve compliance by
the March 31, 2010, deadline,
justification for the extension 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 June 30, 2011. The
timeline provides dates indicating when
(1) Construction will begin on various
phases of the project (i.e., new roads,
buildings, and fences), (2) outages are
scheduled for each unit, and (3) critical
equipment will be ordered, installed,
tested and become operational.
Notwithstanding the scheduler
exemptions for these limited
requirements, the licensee will continue
to be in compliance with all other
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
applicable physical security
requirements as described in 10 CFR
73.55 and reflected in its current NRC
approved physical security program. By
June 30, 2011, DCPP will be in full
compliance with the regulatory
requirements of 10 CFR 73.55, as issued
on March 27, 2009.
Dated at Rockville, Maryland, this 2nd day
of March 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
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 June
30, 2011 for two specified requirements.
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 DCPP security modifications
are complete justifies exceeding the full
compliance date with regard to the
specified requirements of 10 CFR 73.55.
The significant security enhancements
DCPP 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 two items specified in
Enclosure 1 of PG&E letter dated
December 4, 2009, the licensee is
required to be in full compliance by
June 30, 2011. 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 8152; dated
February 23, 2010).
This exemption is effective upon
issuance.
BILLING CODE 7590–01–P
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19:04 Mar 08, 2010
Jkt 220001
[FR Doc. 2010–4937 Filed 3–8–10; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–395; NRC–2010–0067]
South Carolina Electric and Gas
Company; Virgil C. Summer Nuclear
Station, Unit 1; Exemption
1.0
Background
South Carolina Electric and Gas
Company, (SCE&G, the licensee) is the
holder of Facility Operating License No.
NPF–12, which authorizes operation of
the Virgil C. Summer Nuclear Station,
Unit 1 (VCSNS). 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 a pressurized
water reactor located in Fairfield
County, South 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 plans. 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 two
of these new requirements that VCSNS
now seeks an exemption from the March
31, 2010, implementation date. All other
physical security requirements
established by this recent rulemaking
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
10839
have already been or will be
implemented by the licensee by March
31, 2010.
On December 11, 2009, the licensee
submitted two letters, SCE&G
designation RC–09–0154 (NRC ADAMS
ML093490316) and RC–09–0148 (NRC
ADAMS ML093480496 and
ML093480497), requesting an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ SCE&G’s
letter RC–09–0148, contains securityrelated information and, accordingly, is
not available to the public. SCE&G’s
letter RC–09–0154 is a redacted version
of RC–09–0148 that does not contain
security related information. The
licensee has requested an exemption
from the March 31, 2010, compliance
date for two provisions of the revised 10
CFR Part 73, stating that the scope of
work necessary to complete these two
provisions would require a schedule
going past the March 31, 2010,
implementation date in the revised 10
CFR Part 73. Specifically, the request is
to extend the compliance date for two
specific requirements from the current
March 31, 2010 deadline to September
30, 2010. Being granted this exemption
for the two items would allow the
licensee to complete the study, design,
planning, procurement, construction,
testing, and project closeout for the two
areas on a schedule that will allow
adherence to the licensee’s design
control and work control processes.
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, until
September 30, 2010, for the
implementation date for two specific
requirements of the new rule. The NRC
staff has determined that granting of the
licensee’s proposed exemption would
not result in a violation of the Atomic
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10838-10839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4937]
[[Page 10838]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2010-0059]
Pacific Gas and Electric Company; Diablo Canyon Power Plant;
Exemption
1.0 Background
Pacific Gas and Electric Company (PG&E, the licensee) is the holder
of Facility Operating License Nos. DPR-80 and DPR-82, which authorize
operation of the Diablo Canyon Power Plant, Units Nos. 1 and 2 (DCPP).
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
San Luis Obispo County, California.
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 on September 11, 2001, and implemented by the 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 two of these additional requirements that PG&E 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 December 4, 2009, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.''
Portions of the December 4, 2009, submittal contain security-related
and safeguards information and, accordingly, a redacted version of the
December 4, 2009, letter was submitted by the licensee on January 22,
2010 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML100270050). This non-proprietary version is 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 the timely completion of the projects
related to certain specific requirements in 10 CFR 73. Specifically,
the request is to extend the compliance date from the March 31, 2010,
deadline to June 30, 2011. Granting this exemption for the two items
would allow the licensee to complete the modifications designed to
update aging equipment and incorporate state-of-the-art technology to
meet the noted 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 June 30, 2011, of the
implementation date for two 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 a 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.
DCPP Schedule Exemption Request
The licensee provided detailed information in Enclosure 1 to its
application dated December 4, 2009, letter requesting an exemption. In
that letter, the licensee describes a comprehensive plan to study,
design, construct, test, and turn over the new equipment for the
enhancement of the security capabilities at the DCPP site and provides
a timeline for achieving full compliance with the new regulation.
Enclosure 1 of the application dated December 4, 2009, contains
security-related and safeguards information regarding the site security
plan, details of the specific requirements of the regulation for which
the site cannot achieve compliance by the March 31, 2010, deadline,
justification for the extension 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 June 30, 2011. The timeline provides dates indicating
when (1) Construction will begin on various phases of the project
(i.e., new roads, buildings, and fences), (2) outages are scheduled for
each unit, and (3) critical equipment will be ordered, installed,
tested and become operational.
Notwithstanding the scheduler exemptions for these limited
requirements, the licensee will continue to be in compliance with all
other
[[Page 10839]]
applicable physical security requirements as described in 10 CFR 73.55
and reflected in its current NRC approved physical security program. By
June 30, 2011, DCPP 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 submittals and concludes that
the licensee has provided adequate justification for its request for an
extension of the compliance date to June 30, 2011 for two specified
requirements.
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 DCPP security modifications are complete justifies
exceeding the full compliance date with regard to the specified
requirements of 10 CFR 73.55. The significant security enhancements
DCPP 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 two items
specified in Enclosure 1 of PG&E letter dated December 4, 2009, the
licensee is required to be in full compliance by June 30, 2011. 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 8152; dated February 23, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 2nd day of March 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-4937 Filed 3-8-10; 8:45 am]
BILLING CODE 7590-01-P
