Carolina Power & Light Company H. B. Robinson Steam Electric Plant, Unit No. 2; Exemption, 11579-11580 [2010-5271]
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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
full compliance with the new
regulation. The submittal 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
cannot be completed by the deadline,
and a timeline with critical path
activities that will bring MNGP into full
compliance by June 30, 2011. The
timeline provides dates indicating when
(1) construction will begin on various
phases of the project (e.g., buildings,
fences); (2) critical equipment will be
ordered, installed, tested and become
operational; and (3) anticipated
impediments to construction such as
planned refueling outages and winter
weather conditions that may impair
construction.
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
June 30, 2011, MNGP 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 submittal and concludes that
the licensee has provided adequate
justification for its request for an
extension of the compliance date to June
30, 2011, with regard to the specified
requirements of 10 CFR 73.55.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, ‘‘Specific exemptions,’’ 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 modifications to the
two specific items are complete justify
exceeding the full compliance date in
the case of this particular licensee. The
security measures that the licensee
needs additional time to implement are
new requirements imposed by the
March 27, 2009, amendments to 10 CFR
73.55, and are in addition to those
required by the security orders issued in
response to the events of September 11,
2001. Therefore, the NRC staff
concludes that the licensee’s actions are
VerDate Nov<24>2008
16:35 Mar 10, 2010
Jkt 220001
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 requirement specified
in the licensee’s November 3, 2009,
submittal, 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 6224, dated
February 8, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 24th 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. 2010–4526 Filed 3–10–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–261; NRC–2010–0062]
Carolina Power & Light Company H. B.
Robinson Steam Electric Plant, Unit
No. 2; Exemption
1.0
Background
Carolina Power & Light Company (the
licensee) is the holder of Facility
Operating License No. DPF–23, which
authorizes operation of the H. B.
Robinson Steam Electric Plant, Unit 2
(HBRSEP). 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 Darlington
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
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
11579
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
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 2 of
these new requirements that HBRSEP
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,
the licensee requested an exemption in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ The licensee’s November
30, 2009, letter contains proprietary and
security-related information that,
accordingly, is 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
modifications to the current site security
configuration before all requirements
can be met. Specifically, the request is
for two requirements that will be met by
December 30, 2010, versus the March
31, 2010, deadline to. Being granted this
exemption for the two items will allow
the licensee to complete the
modifications designed to meet or
exceed 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
E:\FR\FM\11MRN1.SGM
11MRN1
11580
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
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, allows an extension from
March 31, 2010, until December 30,
2010, to allow for temporary
noncompliance with the new rule in
two specific areas. 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 of the licensee’s proposed
exemption will 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
(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.
HBRSEP 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 upgrade the
security capabilities of its HBRSEP site
and provides a timeline for achieving
full compliance with the new
regulation. Attachment 1 contains
proprietary information regarding the
VerDate Nov<24>2008
16:35 Mar 10, 2010
Jkt 220001
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
site cannot be in compliance, the
required changes to the site’s security
configuration, and a timeline with
critical path activities that will bring the
licensee into full compliance by
December 30, 2010. The timeline
provides dates indicating when
construction will begin on various
phases of the project and when critical
equipment will be ordered, installed,
tested and become operational.
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.
Furthermore, the security measures for
which HBRSEP needs additional time to
implement are in addition to those
required by the security orders issued in
response to the events of September 11,
2001. By December 30, 2010, HBRSEP
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
submittal and concludes that the
licensee has provided adequate
justification for its request for an
extension of the compliance date to
December 30, 2010, with regard to two
specified requirements of 10 CFR 73.55.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, an exemption from the March 31,
2010, compliance date is authorized by
law and will not endanger life or
property or the common defense and
security, and is otherwise in the public
interest. Therefore, the Commission
hereby grants the requested exemption.
The NRC staff has determined that the
long-term benefits that will be realized
when the associated HBRSEP site
modifications are complete justify
exceeding the full compliance date with
regard to the two specific requirements
of 10 CFR 73.55 in the case of this
particular licensee. 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
Attachment 1 of the licensee’s letter
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
dated November 30, 2009, the licensee
is required to be in full compliance by
December 30, 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 8410,
February 24, 2010.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 3rd 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. 2010–5271 Filed 3–10–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302, License No. DPR–72;
Docket No. 50–302, NRC–2010–0096]
Florida Power Corporation, City of
Alachua, City of Bushnell, City of
Gainesville, City of Kissimmee, City of
Leesburg, City of New Smyrna Beach
and Utilities Commission, City of New
Smyrna Beach, City of Ocala, Orlando
Utilities Commission and City of
Orlando, Seminole Electric
Cooperative, Inc., Crystal River Unit 3
Nuclear Generating Plant; Receipt of
Request for Action Under 10 CFR 2.206
Notice is hereby given that by petition
dated December 5, 2009, Mr. Thomas
Saporito (petitioner) has requested that
the U.S. Nuclear Regulatory
Commission (NRC) take action with
regard to the licensee for the Crystal
River Unit 3 Nuclear Generating Plant
(CR–3). The petitioner requests that
NRC take enforcement action against the
licensee and issue a Confirmatory Order
requiring that the licensee take the
following actions at CR–3:
1. Physically remove the outer 10
inches of concrete surrounding the CR–
3 containment building from the top of
the containment building to the bottom
of the containment building and
encompassing 360 degrees around the
entire containment building;
2. Test samples of the concrete
removed from the CR–3 containment
building for composition and compare
the test results to a sample of concrete
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11579-11580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5271]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-261; NRC-2010-0062]
Carolina Power & Light Company H. B. Robinson Steam Electric
Plant, Unit No. 2; Exemption
1.0 Background
Carolina Power & Light Company (the licensee) is the holder of
Facility Operating License No. DPF-23, which authorizes operation of
the H. B. Robinson Steam Electric Plant, Unit 2 (HBRSEP). 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
Darlington 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 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 2 of these new requirements that HBRSEP 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, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.'' The
licensee's November 30, 2009, letter contains proprietary and security-
related information that, accordingly, is 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
modifications to the current site security configuration before all
requirements can be met. Specifically, the request is for two
requirements that will be met by December 30, 2010, versus the March
31, 2010, deadline to. Being granted this exemption for the two items
will allow the licensee to complete the modifications designed to meet
or exceed 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
[[Page 11580]]
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, allows an extension
from March 31, 2010, until December 30, 2010, to allow for temporary
noncompliance with the new rule in two specific areas. 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 of the licensee's
proposed exemption will 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 (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.
HBRSEP 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 upgrade the security capabilities of its HBRSEP
site and provides a timeline for achieving full compliance with the new
regulation. Attachment 1 contains proprietary 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 site cannot be in compliance, the required
changes to the site's security configuration, and a timeline with
critical path activities that will bring the licensee into full
compliance by December 30, 2010. The timeline provides dates indicating
when construction will begin on various phases of the project and when
critical equipment will be ordered, installed, tested and become
operational.
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. Furthermore, the security measures for which HBRSEP needs
additional time to implement are in addition to those required by the
security orders issued in response to the events of September 11, 2001.
By December 30, 2010, HBRSEP 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 submittal and concludes that
the licensee has provided adequate justification for its request for an
extension of the compliance date to December 30, 2010, with regard to
two specified requirements of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to 10 CFR
73.5, an exemption from the March 31, 2010, compliance date is
authorized by law and will not endanger life or property or the common
defense and security, and is otherwise in the public interest.
Therefore, the Commission hereby grants the requested exemption.
The NRC staff has determined that the long-term benefits that will
be realized when the associated HBRSEP site modifications are complete
justify exceeding the full compliance date with regard to the two
specific requirements of 10 CFR 73.55 in the case of this particular
licensee. 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 Attachment 1 of the licensee's letter dated November 30,
2009, the licensee is required to be in full compliance by December 30,
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 8410, February 24, 2010.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 3rd 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. 2010-5271 Filed 3-10-10; 8:45 am]
BILLING CODE 7590-01-P
