Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station; Exemption, 14209-14211 [2010-6511]
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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
the final rule, the Commission has
rejected a request to generically 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.
Pilgrim Schedule Exemption Request
The licensee provided detailed
information in a letter dated January 22,
2010, requesting an exemption, as
supplemented by letter dated February
2, 2010. It describes a comprehensive
plan including the scope of work such
as the design, procurement, and
installation activities, consideration of
impediments to construction such as
winter weather conditions and
equipment delivery schedules, and
provides a timeline for achieving full
compliance with the new regulation.
Attachment 1 contains (1) proprietary
information regarding the site security
plan, (2) details of specific portions of
the regulation for which the site cannot
be in compliance by the March 31, 2010,
deadline and the reasons for the same,
(3) the required changes to the site’s
security configuration, and (4) a
timeline with critical path activities that
would enable the licensee to achieve
full compliance by September 15, 2010.
The timeline provides dates indicating
when (1) construction will begin on
various phases of the project (i.e., new
roads, buildings, and fences), (2) outages
are scheduled for each unit, and (3)
critical equipment will be ordered,
installed, tested and become
operational.
Notwithstanding the scheduler
exemptions requested 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 NRCapproved physical security program. By
September 15, 2010, Pilgrim indicated
that it 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 justified its request for
an extension of the compliance date
with regard to four specified
VerDate Nov<24>2008
16:24 Mar 23, 2010
Jkt 220001
requirements of 10 CFR 73.55 to
September 15, 2010.
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 design, procurement, and
installation activities are complete,
justifies extending the full compliance
date in the case of this particular
licensee. The security measures Pilgrim
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 has 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,
deadline for the four items specified in
the licensee’s letter dated January 22,
2010, as supplemented by letter dated
February 2, 2010, the licensee is
required to be in full compliance with
the provisions of 10 CFR 73.55 by
September 15, 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 11205;
dated March 10, 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. 2010–6496 Filed 3–23–10; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00087
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Sfmt 4703
14209
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–271; NRC–2010–0100]
Entergy Nuclear Operations, Inc.;
Vermont Yankee Nuclear Power
Station; Exemption
1.0
Background
Entergy Nuclear Operations, Inc.
(Entergy or the licensee) is the holder of
Facility Operating License No. DPR–28,
which authorizes operation of the
Vermont Yankee Nuclear Power Station
(VY). The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the
Nuclear Regulatory Commission (NRC
or the Commission) now or hereafter in
effect.
The facility consists of a boiling-water
reactor located in Windham County,
Vermont.
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 five
of these new requirements that VY 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 January 21, 2010, as
supplemented by letter dated February
17, 2010, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s letter dated January 21, 2010,
contains security sensitive information
and, accordingly, is not available to the
E:\FR\FM\24MRN1.SGM
24MRN1
14210
Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
public. The licensee has requested an
exemption from the March 31, 2010,
compliance date stating that, due to the
scope of the design, procurement, and
installation activities and in
consideration of impediments to
construction such as winter weather
conditions and equipment delivery
schedules, completion of some of the
activities to meet the new requirements
contained in 10 CFR 73.55 will require
additional time beyond March 31, 2010.
Specifically, the request to extend the
compliance date is for five specific
requirements from the current March
31, 2010, deadline to September 20,
2010. Being granted this exemption for
the five items would allow the licensee
to be in full compliance with the 10 CFR
Part 73 Final Rule.
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.
The NRC approval of this exemption,
as noted above, would allow an
extension from March 31, 2010, until
September 20, 2010, with the new rule
in five specified areas. 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 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.
VerDate Nov<24>2008
16:24 Mar 23, 2010
Jkt 220001
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.
Vermont Yankee Schedule Exemption
Request
The licensee provided detailed
information in a letter dated January 21,
2010, requesting an exemption, as
supplemented by letter dated February
17, 2010. The exemption request
describes a comprehensive plan to
implement certain new security
measures including design,
procurement, and installation activities
consideration of impediments to
construction such as winter weather
conditions and equipment delivery
schedules and provides a timeline for
achieving full compliance with the new
regulation. Attachment 1 of the letter
dated January 21, 2010, contains (1)
proprietary information regarding the
site security plan, (2) details of specific
portions of the regulation for which the
site cannot be in compliance by the
March 31, 2010, deadline and the
reasons for the same, (3) the required
changes to the site’s security
configuration, and (4) a timeline with
critical path activities that would enable
the licensee to achieve full compliance
by September 20, 2010. The timeline
provides dates indicating when (1)
construction will begin on various
phases of the project (i.e., new roads,
buildings, and fences), (2) outages are
scheduled for each unit, and (3) critical
equipment will be ordered, installed,
tested and become operational.
Notwithstanding the scheduler
exemptions for these limited
requirements, the licensee will continue
to be in compliance with all other
applicable physical security
requirements as described in 10 CFR
73.55 and reflected in its current NRCapproved physical security program. By
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
September 20, 2010, VY would 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 justified its request for
an extension of the compliance date
with regard to five specified
requirements of 10 CFR 73.55 to
September 20, 2010.
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 design, procurement, and
installation activities are complete,
justifies extending the full compliance
date in the case of this particular
licensee. The security measures VY
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 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,
deadline for the five items specified in
the licensee’s letter dated January 21,
2010, as supplemented by letter dated
February 17, 2010, the licensee is
required to be in full compliance by
September 20, 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 12311;
dated March 15, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 16th day
of March 2010.
E:\FR\FM\24MRN1.SGM
24MRN1
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
]]>Agencies
[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14209-14211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6511]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2010-0100]
Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power
Station; Exemption
1.0 Background
Entergy Nuclear Operations, Inc. (Entergy or the licensee) is the
holder of Facility Operating License No. DPR-28, which authorizes
operation of the Vermont Yankee Nuclear Power Station (VY). The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the Nuclear Regulatory Commission
(NRC or the Commission) now or hereafter in effect.
The facility consists of a boiling-water reactor located in Windham
County, Vermont.
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 five of these new
requirements that VY 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 January 21, 2010, as supplemented by letter dated
February 17, 2010, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's letter dated
January 21, 2010, contains security sensitive information and,
accordingly, is not available to the
[[Page 14210]]
public. The licensee has requested an exemption from the March 31,
2010, compliance date stating that, due to the scope of the design,
procurement, and installation activities and in consideration of
impediments to construction such as winter weather conditions and
equipment delivery schedules, completion of some of the activities to
meet the new requirements contained in 10 CFR 73.55 will require
additional time beyond March 31, 2010. Specifically, the request to
extend the compliance date is for five specific requirements from the
current March 31, 2010, deadline to September 20, 2010. Being granted
this exemption for the five items would allow the licensee to be in
full compliance with the 10 CFR Part 73 Final Rule.
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.
The NRC approval of this exemption, as noted above, would allow an
extension from March 31, 2010, until September 20, 2010, with the new
rule in five specified areas. 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 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 (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.
Vermont Yankee Schedule Exemption Request
The licensee provided detailed information in a letter dated
January 21, 2010, requesting an exemption, as supplemented by letter
dated February 17, 2010. The exemption request describes a
comprehensive plan to implement certain new security measures including
design, procurement, and installation activities consideration of
impediments to construction such as winter weather conditions and
equipment delivery schedules and provides a timeline for achieving full
compliance with the new regulation. Attachment 1 of the letter dated
January 21, 2010, contains (1) proprietary information regarding the
site security plan, (2) details of specific portions of the regulation
for which the site cannot be in compliance by the March 31, 2010,
deadline and the reasons for the same, (3) the required changes to the
site's security configuration, and (4) a timeline with critical path
activities that would enable the licensee to achieve full compliance by
September 20, 2010. The timeline provides dates indicating when (1)
construction will begin on various phases of the project (i.e., new
roads, buildings, and fences), (2) outages are scheduled for each unit,
and (3) critical equipment will be ordered, installed, tested and
become operational.
Notwithstanding the scheduler exemptions for these limited
requirements, the licensee will continue to be in compliance with all
other applicable physical security requirements as described in 10 CFR
73.55 and reflected in its current NRC-approved physical security
program. By September 20, 2010, VY would 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 justified its request for an extension of the
compliance date with regard to five specified requirements of 10 CFR
73.55 to September 20, 2010.
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 design, procurement, and installation activities
are complete, justifies extending the full compliance date in the case
of this particular licensee. The security measures VY 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 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, deadline for the five items
specified in the licensee's letter dated January 21, 2010, as
supplemented by letter dated February 17, 2010, the licensee is
required to be in full compliance by September 20, 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 12311; dated March 15, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th day of March 2010.
[[Page 14211]]
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
