Tennessee Valley Authority Sequoyah Nuclear Plant, Units 1 and 2 Exemption, 13609-13610 [2010-6190]

Download as PDF Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–327 and 50–328; NRC– 2010–0021] Tennessee Valley Authority Sequoyah Nuclear Plant, Units 1 and 2 Exemption 1.0 Background Tennessee Valley Authority (TVA, the licensee) is the holder of Facility Operating License Numbers DPR–77 and DPR–79, which authorize operation of the Sequoyah Nuclear Plant, Units 1 and 2 (SQN). 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 Westinghouse pressurized-water reactors located in Hamilton County, Tennessee. pwalker on DSK8KYBLC1PROD with NOTICES 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR) Part 73, ‘‘Physical protection of plants and materials,’’ Section 73.55, ‘‘Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage,’’ published March 27, 2009, effective May 26, 2009, with a full implementation date of March 31, 2010, requires licensees to protect, with high assurance, against radiological sabotage by designing and implementing comprehensive site security programs. The amendments to 10 CFR 73.55 published on March 27, 2009, establish and update generically applicable security requirements similar to those previously imposed by 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 SQN 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 6, 2009, as supplemented by letter dated January 11, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, ‘‘Specific exemptions.’’ Portions of the licensee’s November 6, 2009, letter contain safeguards and security sensitive information and, VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 accordingly, are not available to the public. The January 11, 2010, letter is publicly available (Agencywide Documents Access and Management System Accession No. ML100130169). 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 specific 10 CFR 73.55 requirements that would be in place by September 24, 2012, versus the March 31, 2010, deadline. Being granted 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 or exceed 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 September 24, 2012. 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, NRC approval of the licensee’s exemption request 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 (74 FR 13926, March 27, 2009). From this, it is PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 13609 clear that the Commission wanted to provide a reasonable timeframe for licensees to achieve full compliance. As noted in the final power reactor security 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 these changes could be accomplished through a variety of licensing mechanisms, including exemptions. Since issuance of the final rule, the Commission has rejected generic industry requests 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. Sequoyah Schedule Exemption Request The licensee provided detailed information in its November 6, 2009, letter, as supplemented by letter dated January 11, 2010, requesting an exemption. The NRC staff finds that the licensee has provided an adequate basis for the exemption request as well as appropriate detailed justification that describes the reason additional time is needed. Specifically, the SQN will be undertaking multiple large scope modifications to the physical protection program through three interrelated projects that require multiple supporting subtasks. These subtasks must be completed in sequence due to the complex interconnectivity of each project to other program components. The licensee has provided sufficiently detailed technical information that supports the described solution for meeting the identified requirements. Because of the large scope of the proposed modifications and upgrades, significant engineering analysis, design, and planning are required to ensure system effectiveness upon completion of the three projects. In addition to projectspecific tasks and procurement details, the TVA has also identified a variety of site-specific considerations that will impact the final completion date, such as refueling outages, manpower resources, engineering/design changes during construction, and/or weather conditions that may impact completion milestones. As with all construction activities, the licensee must also account for site-specific safety and E:\FR\FM\22MRN1.SGM 22MRN1 13610 Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices pwalker on DSK8KYBLC1PROD with NOTICES construction methods regarding the areas in which work is to be performed, the location of existing infrastructure such as buried power lines, and/or unanticipated delays that could significantly impact the project schedules. These site-specific safety and construction methods must be accounted for in the proposed schedule that, in turn, impacts the final compliance date requested. The licensee has provided a coordinated/combined schedule for all three projects at SQN that outlines the sequence in which work must be conducted to ensure effective system connectivity. The required tasks/changes must be completed in sequence at each site to support all program upgrades being performed and to ensure effective connectivity of each project. The upgrades that the licensee identified within their exemption request support their solution for meeting the requirements. The proposed implementation schedule depicts the critical activity milestones of the security system upgrades; is consistent with the licensee’s solution for meeting the requirements; is consistent with the scope of the modifications and the issues and challenges identified; and is consistent with the licensee’s requested compliance date. 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 September 24, 2012, SQN will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009. 4.0 Conclusion for Part 73 Schedule Exemption Request The staff has reviewed the licensee’s submittals and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to September 24, 2012, with regard to two specified requirements of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, the exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption. The NRC staff has determined that the long-term benefits that will be realized when the security system upgrades are VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 complete justify exceeding the full compliance date in the case of this particular licensee. The security measures SQN needs additional time to implement are new requirements imposed by March 27, 2009, amendments to 10 CFR 73.55, and are in addition to those required by the security orders issued in response to the events of September 11, 2001. Therefore, the NRC staff concludes that the licensee’s actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption. As per the licensee’s request and the NRC’s regulatory authority to grant an exemption from the March 31, 2010, implementation deadline for the two items specified in Enclosure 1 of the TVA letter dated November 6, 2009, as supplemented by letter dated January 11, 2010, the licensee is required to be in full compliance by September 24, 2012. 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 3762, dated January 22, 2010). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 11th 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. 2010–6190 Filed 3–19–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [DC/COL–ISG–020; NRC–2009–0457] Office of New Reactors; Interim Staff Guidance on Implementation of a Seismic Margin Analysis for New Reactors Based on Probabilistic Risk Assessment AGENCY: Nuclear Regulatory Commission (NRC). ACTION: Notice of availability. SUMMARY: The NRC is issuing its Final Interim Staff Guidance (ISG) DC/COL– PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 ISG–020 titled ‘‘Implementation of a Seismic Margin Analysis for New Reactors Based on Probabilistic Risk Assessment,’’ (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100491233). This ISG supplements the guidance provided to the staff in Section 19.0 of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,’’ issued March 2007 and DC/ COL–ISG–03, ‘‘Probabilistic Risk Assessment Information to Support Design Certification and Combined License Applications,’’ dated June 11, 2008 (ADAMS Accession No. ML081430087) concerning the review of probabilistic risk assessment (PRA) information and severe accident assessments submitted to support design certification (DC) and combined license (COL) applications. The NRC staff intends to incorporate DC/COL– ISG–020 into the next revision of SRP Section 19.0 and Regulatory Guide 1.206, ‘‘Combined License Applications for Nuclear Power Plants (LWR Edition),’’ June 2007. Disposition: On October 16, 2009, the NRC staff issued the proposed ISG, DC/ COL–ISG–020 ‘‘Implementation of a Seismic Margin Analysis for New Reactors Based on Probabilistic Risk Assessment,’’ (ADAMS Accession No. ML092650316) to solicit public and industry comment. The NRC staff received comments on the proposed guidance. This final issuance incorporates changes from the majority of the comments. The NRC staff responses to these comments can be found in ADAMS Accession No. ML100491287. ADDRESSES: The NRC maintains ADAMS, which provides text and image files of NRC’s public documents. These documents may be accessed through the NRC’s Public Electronic Reading Room on the Internet at 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 Public Document Room reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail at pdr.resource@nrc.gov. FOR FURTHER INFORMATION CONTACT: Dr. Kimberly A. Hawkins, Chief, Structural Engineering Branch 2, Division of Engineering, Office of the New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone at 301–415–0564 or e-mail at Kimberly.Hawkins@nrc.gov. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13609-13610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6190]



[[Page 13609]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-327 and 50-328; NRC-2010-0021]


Tennessee Valley Authority Sequoyah Nuclear Plant, Units 1 and 2 
Exemption

1.0 Background

    Tennessee Valley Authority (TVA, the licensee) is the holder of 
Facility Operating License Numbers DPR-77 and DPR-79, which authorize 
operation of the Sequoyah Nuclear Plant, Units 1 and 2 (SQN). 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 Westinghouse pressurized-water 
reactors located in Hamilton County, Tennessee.

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 two of these new 
requirements that SQN 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 
6, 2009, as supplemented by letter dated January 11, 2010, the licensee 
requested an exemption in accordance with 10 CFR 73.5, ``Specific 
exemptions.'' Portions of the licensee's November 6, 2009, letter 
contain safeguards and security sensitive information and, accordingly, 
are not available to the public. The January 11, 2010, letter is 
publicly available (Agencywide Documents Access and Management System 
Accession No. ML100130169). 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 specific 10 CFR 73.55 requirements that would be in 
place by September 24, 2012, versus the March 31, 2010, deadline. Being 
granted 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 or exceed 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 September 24, 2012. 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, NRC approval of the licensee's 
exemption request 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 (74 FR 13926, March 27, 2009). 
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 power reactor security 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 these changes could be accomplished 
through a variety of licensing mechanisms, including exemptions. Since 
issuance of the final rule, the Commission has rejected generic 
industry requests 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.

Sequoyah Schedule Exemption Request

    The licensee provided detailed information in its November 6, 2009, 
letter, as supplemented by letter dated January 11, 2010, requesting an 
exemption. The NRC staff finds that the licensee has provided an 
adequate basis for the exemption request as well as appropriate 
detailed justification that describes the reason additional time is 
needed. Specifically, the SQN will be undertaking multiple large scope 
modifications to the physical protection program through three 
interrelated projects that require multiple supporting subtasks. These 
subtasks must be completed in sequence due to the complex 
interconnectivity of each project to other program components. The 
licensee has provided sufficiently detailed technical information that 
supports the described solution for meeting the identified 
requirements. Because of the large scope of the proposed modifications 
and upgrades, significant engineering analysis, design, and planning 
are required to ensure system effectiveness upon completion of the 
three projects. In addition to project-specific tasks and procurement 
details, the TVA has also identified a variety of site-specific 
considerations that will impact the final completion date, such as 
refueling outages, manpower resources, engineering/design changes 
during construction, and/or weather conditions that may impact 
completion milestones. As with all construction activities, the 
licensee must also account for site-specific safety and

[[Page 13610]]

construction methods regarding the areas in which work is to be 
performed, the location of existing infrastructure such as buried power 
lines, and/or unanticipated delays that could significantly impact the 
project schedules. These site-specific safety and construction methods 
must be accounted for in the proposed schedule that, in turn, impacts 
the final compliance date requested. The licensee has provided a 
coordinated/combined schedule for all three projects at SQN that 
outlines the sequence in which work must be conducted to ensure 
effective system connectivity. The required tasks/changes must be 
completed in sequence at each site to support all program upgrades 
being performed and to ensure effective connectivity of each project.
    The upgrades that the licensee identified within their exemption 
request support their solution for meeting the requirements.
    The proposed implementation schedule depicts the critical activity 
milestones of the security system upgrades; is consistent with the 
licensee's solution for meeting the requirements; is consistent with 
the scope of the modifications and the issues and challenges 
identified; and is consistent with the licensee's requested compliance 
date.
    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 September 24, 2012, SQN will be in full compliance with all 
the regulatory requirements of 10 CFR 73.55, as issued on March 27, 
2009.

4.0 Conclusion for Part 73 Schedule Exemption Request

    The staff has reviewed the licensee's submittals and concludes that 
the licensee has provided adequate justification for its request for an 
extension of the compliance date to September 24, 2012, with regard to 
two specified requirements of 10 CFR 73.55.
    Accordingly, the Commission has determined that pursuant to 10 CFR 
73.5, the exemption from the March 31, 2010, compliance date is 
authorized by law and will not endanger life or property or the common 
defense and security, and is otherwise in the public interest. 
Therefore, the Commission hereby grants the requested exemption.
    The NRC staff has determined that the long-term benefits that will 
be realized when the security system upgrades are complete justify 
exceeding the full compliance date in the case of this particular 
licensee. The security measures SQN needs additional time to implement 
are new requirements imposed by March 27, 2009, amendments to 10 CFR 
73.55, and are in addition to those required by the security orders 
issued in response to the events of September 11, 2001. Therefore, the 
NRC staff concludes that the licensee's actions are in the best 
interest of protecting the public health and safety through the 
security changes that will result from granting this exemption.
    As per the licensee's request and the NRC's regulatory authority to 
grant an exemption from the March 31, 2010, implementation deadline for 
the two items specified in Enclosure 1 of the TVA letter dated November 
6, 2009, as supplemented by letter dated January 11, 2010, the licensee 
is required to be in full compliance by September 24, 2012. 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 3762, dated January 22, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 11th 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. 2010-6190 Filed 3-19-10; 8:45 am]
BILLING CODE 7590-01-P
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