Southern California Edison, San Onofre Nuclear Generating Station, Unit 2 and Unit 3; Exemption, 14211-14212 [2010-6492]
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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Notices
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–6511 Filed 3–23–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–361 and 50–362; NRC–
2010–0101]
Southern California Edison, San
Onofre Nuclear Generating Station,
Unit 2 and Unit 3; Exemption
srobinson on DSKHWCL6B1PROD with NOTICES
1.0 Background
Southern California Edison (SCE, the
licensee) is the holder of the Facility
Operating License Nos. NPF–10 and
NPF–15, which authorize operation of
the San Onofre Nuclear Generating
Station (SONGS), Unit 2 and Unit 3,
respectively. 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 or the Commission)
now or hereafter in effect.
The facility consists of two
pressurized-water reactors located in
San Diego 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 (74 FR
13926), 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
SCE now seeks an exemption from the
March 31, 2010, implementation date.
All other physical security requirements
established by this recent rulemaking
VerDate Nov<24>2008
16:24 Mar 23, 2010
Jkt 220001
have already been or will be
implemented by the licensee by March
31, 2010.
By letter dated December 17, 2009,
the licensee requested an exemption in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ Portions of the December
17, 2009, submittal contain securityrelated and safeguards information and,
accordingly, a redacted version of the
December 17, 2009, letter was also
submitted by the licensee on December
17, 2009 (Agencywide Documents
Access and Management System
(ADAMS) Accession No.
ML093570268). This redacted version is
available to the public. The licensee has
requested an exemption from the March
31, 2010, implementation 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 implementation date from the
current March 31, 2010, deadline to
October 31, 2010, for one specific
requirement, and to January 31, 2011,
for a second specific requirement.
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
of the implementation date from March
31, 2010, until October 31, 2010, and
January 31, 2011, 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 the licensee’s
proposed exemption would not result in
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
14211
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 power reactor
security rule provided to the
Commission, the NRC staff proposed
that the requirements of the new
regulation be met within 180 days. The
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to achieve full
compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct sitespecific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a generic industry request to
extend the rule’s compliance date for all
operating nuclear power plants, but
noted that the Commission’s regulations
provide mechanisms for individual
licensees, with good cause, to apply for
relief from the compliance date as
documented in 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.
SONGS Schedule Exemption Request
The licensee provided detailed
information in Enclosure 1 to its letter
dated December 17, 2009, requesting an
exemption. In that letter, the licensee
described a comprehensive plan to
study, design, construct, test, and turn
over the new equipment for the
enhancement of the security capabilities
at the SONGS site and provides a
timeline for achieving full compliance
with the new regulation. Enclosure 1 of
the application dated December 17,
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 enable the licensee to achieve
full compliance by January 31, 2011.
E:\FR\FM\24MRN1.SGM
24MRN1
14212
Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
The timeline provides dates indicating
when (1) construction will begin on
various phases of the project, (2) outages
are scheduled for each unit, and (3)
critical equipment will be ordered,
installed, tested and become
operational.
Notwithstanding the schedule
exemptions for these limited
requirements, the licensee would
continue to be in compliance with all
other applicable physical security
requirements, as described in 10 CFR
73.55 and reflected in its current NRCapproved physical security program. By
January 31, 2011, SONGS would be in
full compliance with the regulatory
requirements of 10 CFR 73.55, as issued
on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The staff has reviewed the licensee’s
submittal and concludes that the
licensee has provided adequate
justification for its request for an
extension of the compliance dates to
October 31, 2010, and to January 31,
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 SONGS security modifications
are completed justifies exceeding the
full compliance date with regard to the
specified requirements of 10 CFR 73.55.
The significant security enhancements
SONGS 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 SCE’s letter dated
December 17, 2009, the licensee is
required to be in full compliance by
January 31, 2011. In achieving
compliance, the licensee is reminded
that it is responsible for determining the
appropriate licensing mechanism (i.e.,
VerDate Nov<24>2008
16:24 Mar 23, 2010
Jkt 220001
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 12580;
dated March 16, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 16th 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. 2010–6492 Filed 3–23–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0122]
Proposed Generic Communications;
Applicability of 10 CFR Part 21
Requirements to Applicants for
Standard Design Certifications
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of opportunity for public
comment.
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is issuing this
regulatory issue summary (RIS) to
clarify the agency’s regulatory position
regarding the applicability of 10 CFR
Part 21 requirements to standard design
certification or design certification rule
(DCR) applicants (hereafter referred to
as DCR applicants) before and after the
DCR is issued by the NRC. This RIS
requires no action or written response
on the part of addressees.
DATES: Comment period expires May 10,
2010. Comments submitted after this
date will be considered if it is practical
to do so, but assurance of consideration
cannot be given except for comments
received on or before this date.
ADDRESSES: Submit written comments
to the Chief, Rulemaking and Directives
Branch, Division of Administrative
Services, Office of Administration, U.S.
Nuclear Regulatory Commission, Mail
Stop TWB–05–B01M, Washington, DC
20555–0001, and cite the publication
date and page number of this Federal
Register notice.
FOR FURTHER INFORMATION, CONTACT:
Milton Concepcion, at 301–415–4054 or
by e-mail at
Milton.Concepcion@nrc.gov.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
NRC Regulatory Issue Summary 2010–
XX
Applicability of 10 CFR Part 21
Requirements to Applicants for
Standard Design Certifications
Addressees
All holders of and applicants for an
early site permit, combined operating
license (COL), manufacturing license,
and standard design approval; and
applicants for a standard design
certification under the provisions of
Title 10 of the Code of Federal
Regulations (10 CFR) Part 52, ‘‘Licenses,
Certifications, and Approvals for
Nuclear Power Plants.’’
Intent
The U.S. Nuclear Regulatory
Commission (NRC) is issuing this
regulatory issue summary (RIS) to
clarify the agency’s regulatory position
regarding the applicability of 10 CFR
Part 21 requirements to standard design
certification or design certification rule
(DCR) applicants (hereafter referred to
as DCR applicants) before and after the
DCR is issued by the NRC. This RIS
requires no action or written response
on the part of addressees.
Background
The regulations in 10 CFR Part 21
establish procedures and requirements
for implementation of Section 206 of the
Energy Reorganization Act (ERA) of
1974, as amended. Section 206 applies
to any individual or responsible officer
of a firm ‘‘constructing, owning,
operating, or supplying the components
of any facility or activity which is
licensed or otherwise regulated’’ by the
NRC.
The statements of consideration that
accompanied the final rule for 10 CFR
Part 52 (3150–AG24), published in the
Federal Register on August 28, 2007 (72
FR 49352), clarified the applicability of
various requirements to each of the
licensing processes in 10 CFR Part 52,
including how Section 206 reporting
requirements and, therefore, the
provisions of 10 CFR Part 21, should be
extended to early site permits, standard
design certifications, and combined
licenses. As indicated in the statements
of consideration for the 2007
conforming changes to 10 CFR Part 52
Final Rule; the NRC’s reporting
requirements in 10 CFR Part 21, as
applicable to Part 52 licensing and
approval processes, are consistent with
three key principles as described below.
The first principle ensures that the
regulatory requirements of Section 206
of the ERA extend throughout the entire
E:\FR\FM\24MRN1.SGM
24MRN1
]]>Agencies
[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14211-14212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6492]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361 and 50-362; NRC-2010-0101]
Southern California Edison, San Onofre Nuclear Generating
Station, Unit 2 and Unit 3; Exemption
1.0 Background
Southern California Edison (SCE, the licensee) is the holder of the
Facility Operating License Nos. NPF-10 and NPF-15, which authorize
operation of the San Onofre Nuclear Generating Station (SONGS), Unit 2
and Unit 3, respectively. 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 or the Commission) now or
hereafter in effect.
The facility consists of two pressurized-water reactors located in
San Diego 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 (74 FR 13926),
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
SCE 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 17, 2009, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.''
Portions of the December 17, 2009, submittal contain security-related
and safeguards information and, accordingly, a redacted version of the
December 17, 2009, letter was also submitted by the licensee on
December 17, 2009 (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML093570268). This redacted version is available
to the public. The licensee has requested an exemption from the March
31, 2010, implementation 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 implementation date from the
current March 31, 2010, deadline to October 31, 2010, for one specific
requirement, and to January 31, 2011, for a second specific
requirement. 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 of the implementation date from March 31, 2010, until October
31, 2010, and January 31, 2011, 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 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 power reactor security 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.
SONGS Schedule Exemption Request
The licensee provided detailed information in Enclosure 1 to its
letter dated December 17, 2009, requesting an exemption. In that
letter, the licensee described a comprehensive plan to study, design,
construct, test, and turn over the new equipment for the enhancement of
the security capabilities at the SONGS site and provides a timeline for
achieving full compliance with the new regulation. Enclosure 1 of the
application dated December 17, 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 enable the licensee to achieve full compliance by
January 31, 2011.
[[Page 14212]]
The timeline provides dates indicating when (1) construction will begin
on various phases of the project, (2) outages are scheduled for each
unit, and (3) critical equipment will be ordered, installed, tested and
become operational.
Notwithstanding the schedule exemptions for these limited
requirements, the licensee would 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 January 31, 2011, SONGS would be in full compliance with
the regulatory requirements of 10 CFR 73.55, as issued on March 27,
2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The staff has reviewed the licensee's submittal and concludes that
the licensee has provided adequate justification for its request for an
extension of the compliance dates to October 31, 2010, and to January
31, 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 SONGS security modifications are completed
justifies exceeding the full compliance date with regard to the
specified requirements of 10 CFR 73.55. The significant security
enhancements SONGS 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 SCE's letter dated December 17, 2009, the
licensee is required to be in full compliance by January 31, 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 12580; dated March 16, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th 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. 2010-6492 Filed 3-23-10; 8:45 am]
BILLING CODE 7590-01-P
