Firstenergy Nuclear Operating Company, Firstenergy Nuclear Generation Corp., Ohio Edison Company, the Toledo Edison Company, Beaver Valley Power Station, Unit Nos. 1 And 2; Exemption, 10836-10837 [2010-4944]
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10836
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices
No changes to the National Pollution
Discharge Elimination System permit
are needed. No effects on the aquatic or
terrestrial habitat in the vicinity of the
plant, or to threatened, endangered, or
protected species under the Endangered
Species Act, or impacts to essential fish
habitat covered by the MagnusonSteven’s Act are expected. There are no
impacts to the air or ambient air quality.
There are no impacts to historical and
cultural resources. There would be no
impact to socioeconomic resources.
Therefore, no changes to or different
types of non-radiological environmental
impacts are expected as a result of the
proposed exemption.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action. In addition, in promulgating its
revisions to 10 CFR part 73, the
Commission prepared an environmental
assessment and published a finding of
no significant impact [Part 73, Power
Reactor Security Requirements, 74 FR
13926 (March 27, 2009)].
The NRC staff’s safety evaluation will
be provided in the exemption that will
be issued as part of the letter to the
licensee approving the exemption to the
regulation, if granted.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
actions, the NRC staff considered denial
of the proposed actions (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.
sroberts on DSKD5P82C1PROD with NOTICES
Alternative Use of Resources
The action does not involve the use of
any different resources than those
considered in the Final Environmental
Statement for the FCS dated August
1972, as supplemented through the
‘‘Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants: Fort Calhoun Station
Unit 1—Final Report (NUREG–1437,
Supplement 12).’’
Agencies and Persons Consulted
In accordance with its stated policy,
on February 4, 2010, the NRC staff
consulted with the Nebraska State
official, Julia Schmitt, of the Department
of Health and Human Services
Regulation and Licensure, regarding the
environmental impact of the proposed
VerDate Nov<24>2008
19:04 Mar 08, 2010
Jkt 220001
action. The State official had no
comments.
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 December 31, 2009, as
supplemented by letter dated January
21, 2010. The January 21, 2010,
submittal and portions of the December
31, 2009, submittal contain securityrelated information and, accordingly,
are exempt from public disclosure.
Other parts of the December 31, 2009,
document may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Room O–1 F21,
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 at 1–800–
397–4209 or 301–415–4737, or send an
e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 2nd day
of March 2010.
For the Nuclear Regulatory Commission.
Lynnea Wilkins,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2010–4940 Filed 3–8–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334 And 50–412; NRC–
2010–0049]
Firstenergy Nuclear Operating
Company, Firstenergy Nuclear
Generation Corp., Ohio Edison
Company, the Toledo Edison
Company, Beaver Valley Power
Station, Unit Nos. 1 And 2; Exemption
1.0
Background
FirstEnergy Nuclear Operating
Company (licensee) is the holder of
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Facility Operating License Nos. DPR–66
and NPF–73, which authorizes
operation of the Beaver Valley Power
Station, Unit Nos. 1 and 2 (BVPS–1 and
2). The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect. The facility consists of two
pressurized-water reactors located in
Beaver County, Pennsylvania.
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 one
of these new requirements that BVPS–
1 and 2 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
23, 2009, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s letters contain security
information and, accordingly, those
portions are not available to the public.
The licensee has requested an
exemption from the March 31, 2010,
compliance date stating that a number
of issues will present a significant
challenge to timely completion of the
project related to a specific requirement
in 10 CFR Part 73. The request is to
extend the compliance date for one
specific requirement from the current
March 31, 2010, deadline to December
17, 2010. Being granted this exemption
for the extension would allow the
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
licensee to design the necessary
modifications, procure equipment and
material, and implement upgrades to
meet the noted regulatory requirement.
3.0 Discussion of Part 73 Schedule
Exemptions from the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ‘‘By
March 31, 2010, each nuclear power
reactor licensee, licensed under 10 CFR
Part 50, shall implement the
requirements of this section through its
Commission-approved Physical Security
Plan, Training and Qualification Plan,
Safeguards Contingency Plan, and Cyber
Security Plan referred to collectively
hereafter as ‘security plans.’’’ Pursuant
to 10 CFR 73.5, the Commission may,
upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR Part 73 when the exemptions are
authorized by law, and will not
endanger life or property or the common
defense and security, and are otherwise
in the public interest.
NRC approval of this exemption, as
noted above, would allow an extension
from March 31, 2010, to December 17,
2010, for the implementation date for
one specific requirement of the new
rule. 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 NRC
approval of the licensee’s exemption
request is authorized by law.
In the draft final rule provided to the
Commission (SECY–08–0099 dated July
9, 2008), the NRC staff proposed that the
requirements of the new regulation be
met within 180 days. The Commission
directed a change from 180 days to
approximately 1 year for licensees to
fully implement the new requirements.
This change was incorporated into the
final rule. From this, it is clear that the
Commission wanted to provide a
reasonable timeframe for licensees to
achieve full compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct site
specific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a generic industry request to
extend the rule’s compliance date for all
operating nuclear power plants, but
noted that the Commission’s regulations
provide mechanisms for individual
licensees, with good cause, to apply for
VerDate Nov<24>2008
19:04 Mar 08, 2010
Jkt 220001
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.
BVPS–1 and 2 Schedule Exemption
Request
The licensee provided detailed
information in its letter dated November
30, 2009, as supplemented December
23, 2009, requesting an exemption. It
describes a comprehensive plan to
design the necessary modifications,
procure equipment and material, and
implement upgrades to comply with a
specific aspect of 10 CFR 73.55 and
provides a timeline for achieving full
compliance with the new regulation.
The submittals contain security
information regarding the site security
plan, details of the specific requirement
of the regulation for which the site
cannot be in compliance by the March
31, 2010, deadline and why, the
required changes to the site’s security
configuration, and a timeline with
critical path activities that would allow
the licensee to achieve full compliance
by December 17, 2010. The timeline
provides dates indicating (1) when
various phases of the project begin and
end (i.e., design, field construction), (2)
outages scheduled for each unit, and (3)
when critical equipment will be
ordered, installed, tested and become
operational.
The licensee currently maintains a
security program acceptable to the NRC
and the new 10 CFR Part 73 security
measures that will be implemented by
March 31, 2010, will continue to
provide acceptable physical protection
of BVPS–1 and 2 during the requested
extension period.
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, BVPS–1 and 2 will
be in full compliance with all the
regulatory requirements of 10 CFR
73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The NRC staff has reviewed the
licensee’s submittals and concludes that
the licensee has provided adequate
justification for its request for an
extension of the compliance date to
PO 00000
Frm 00084
Fmt 4703
Sfmt 9990
10837
December 17, 2010, with regard to the
specified requirement 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 BVPS–1 and 2 equipment
installation is complete justifies
extending the full compliance date with
regard to the specified requirement of 10
CFR 73.55. The security measures,
BVPS–1 and 2 need 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, it is concluded that the
licensee’s actions are in the best interest
of protecting the public health and
safety through the security changes that
will result from granting this exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption from the March 31, 2010,
implementation deadline for the
requirement specified in the licensee’s
letter dated November 30, 2009, as
supplemented December 23, 2009, the
licensee is required to be in full
compliance 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 6736; dated
February 10, 2010.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 1st 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. 2010–4944 Filed 3–8–10; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10836-10837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4944]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 And 50-412; NRC-2010-0049]
Firstenergy Nuclear Operating Company, Firstenergy Nuclear
Generation Corp., Ohio Edison Company, the Toledo Edison Company,
Beaver Valley Power Station, Unit Nos. 1 And 2; Exemption
1.0 Background
FirstEnergy Nuclear Operating Company (licensee) is the holder of
Facility Operating License Nos. DPR-66 and NPF-73, which authorizes
operation of the Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1
and 2). The license provides, among other things, that the facility is
subject to all rules, regulations, and orders of the Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect. The
facility consists of two pressurized-water reactors located in Beaver
County, Pennsylvania.
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 one of these new
requirements that BVPS-1 and 2 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 23, 2009, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's letters
contain security information and, accordingly, those portions are not
available to the public. The licensee has requested an exemption from
the March 31, 2010, compliance date stating that a number of issues
will present a significant challenge to timely completion of the
project related to a specific requirement in 10 CFR Part 73. The
request is to extend the compliance date for one specific requirement
from the current March 31, 2010, deadline to December 17, 2010. Being
granted this exemption for the extension would allow the
[[Page 10837]]
licensee to design the necessary modifications, procure equipment and
material, and implement upgrades to meet the noted regulatory
requirement.
3.0 Discussion of Part 73 Schedule Exemptions from the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee, licensed under 10 CFR Part 50, shall implement
the requirements of this section through its Commission-approved
Physical Security Plan, Training and Qualification Plan, Safeguards
Contingency Plan, and Cyber Security Plan referred to collectively
hereafter as `security plans.''' Pursuant to 10 CFR 73.5, the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR Part
73 when the exemptions are authorized by law, and will not endanger
life or property or the common defense and security, and are otherwise
in the public interest.
NRC approval of this exemption, as noted above, would allow an
extension from March 31, 2010, to December 17, 2010, for the
implementation date for one specific requirement of the new rule. 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 NRC
approval of the licensee's exemption request is authorized by law.
In the draft final rule provided to the Commission (SECY-08-0099
dated July 9, 2008), the NRC staff proposed that the requirements of
the new regulation be met within 180 days. The Commission directed a
change from 180 days to approximately 1 year for licensees to fully
implement the new requirements. This change was incorporated into the
final rule. From this, it is clear that the Commission wanted to
provide a reasonable timeframe for licensees to achieve full
compliance.
As noted in the final rule, the Commission also anticipated that
licensees would have to conduct site specific analyses to determine
what changes were necessary to implement the rule's requirements, and
that changes could be accomplished through a variety of licensing
mechanisms, including exemptions. Since issuance of the final rule, the
Commission has rejected a generic industry request to extend the rule's
compliance date for all operating nuclear power plants, but noted that
the Commission's regulations provide mechanisms for individual
licensees, with good cause, to apply for relief from the compliance
date (Reference: June 4, 2009, letter from R. W. Borchardt, NRC, to M.
S. Fertel, 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.
BVPS-1 and 2 Schedule Exemption Request
The licensee provided detailed information in its letter dated
November 30, 2009, as supplemented December 23, 2009, requesting an
exemption. It describes a comprehensive plan to design the necessary
modifications, procure equipment and material, and implement upgrades
to comply with a specific aspect of 10 CFR 73.55 and provides a
timeline for achieving full compliance with the new regulation. The
submittals contain security information regarding the site security
plan, details of the specific requirement of the regulation for which
the site cannot be in compliance by the March 31, 2010, deadline and
why, the required changes to the site's security configuration, and a
timeline with critical path activities that would allow the licensee to
achieve full compliance by December 17, 2010. The timeline provides
dates indicating (1) when various phases of the project begin and end
(i.e., design, field construction), (2) outages scheduled for each
unit, and (3) when critical equipment will be ordered, installed,
tested and become operational.
The licensee currently maintains a security program acceptable to
the NRC and the new 10 CFR Part 73 security measures that will be
implemented by March 31, 2010, will continue to provide acceptable
physical protection of BVPS-1 and 2 during the requested extension
period.
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, BVPS-1 and 2 will be in full compliance
with all the regulatory requirements of 10 CFR 73.55, as issued on
March 27, 2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The NRC staff has reviewed the licensee's submittals and concludes
that the licensee has provided adequate justification for its request
for an extension of the compliance date to December 17, 2010, with
regard to the specified requirement 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 BVPS-1 and 2 equipment installation is complete
justifies extending the full compliance date with regard to the
specified requirement of 10 CFR 73.55. The security measures, BVPS-1
and 2 need 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, it is concluded that the licensee's
actions are in the best interest of protecting the public health and
safety through the security changes that will result from granting this
exemption.
As per the licensee's request and the NRC's regulatory authority to
grant an exemption from the March 31, 2010, implementation deadline for
the requirement specified in the licensee's letter dated November 30,
2009, as supplemented December 23, 2009, the licensee is required to be
in full compliance 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 6736; dated February 10, 2010.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 1st 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. 2010-4944 Filed 3-8-10; 8:45 am]
BILLING CODE 7590-01-P