NextEra Energy Seabrook, LLC, et al.*; Seabrook Station, Unit No. 1; Exemption, 14641-14643 [2010-6728]

Download as PDF Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 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 May 15, 2010, of the implementation date for one specific requirement 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 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, 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 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 the 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. CGS Schedule Exemption Request The licensee provided detailed information in the Attachments to its letter dated January 27, 2010, requesting an exemption. The licensee is requesting additional time to perform necessary upgrades to the CGS security system due to manufacturing delays of one item at the vendor. The licensee describes a comprehensive plan to perform upgrades to the security capabilities of its CGS site and provides a timeline for achieving full compliance with the new regulation. Attachment 1 VerDate Nov<24>2008 15:23 Mar 25, 2010 Jkt 220001 to the licensee’s letter contains securityrelated information regarding the site security plan, details of the specific requirement of the regulation for which the site cannot be in compliance by the March 31, 2010 deadline, justification for the exemption request, a description of the required changes to the site’s security configuration, and a timeline with the activities that would bring enable the licensee to achieve full compliance by May 15, 2010. The timeline provides dates indicating when the critical equipment will be received, installed, and become operational. Redacted versions of the licensee’s exemption request are included in Attachments 2 and 3 to its January 27, 2010 letter and are publicly available in ADAMS Accession No. ML100481052. Notwithstanding the schedule 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 May 15, 2010, CGS will 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 justified its request for an extension of the compliance date to May 15, 2010 with regard to one specified requirement of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, ‘‘Specific exemptions,’’ an exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption. The long-term benefits that will be realized when the CGS modifications are complete justify extending the full compliance date in the case of this particular licensee. The security measure for which CGS needs additional time to complete is a new requirement imposed by March 27, 2009 amendments to 10 CFR 73.55, and is 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. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 14641 As per the licensee’s request and the NRC’s regulatory authority to grant an exemption from the March 31, 2010, deadline for the one item specified in the Attachments to the licensee’s letter dated January 27, 2010, the licensee is required to be in full compliance with 10 CFR 73.55 by May 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 10834; March 9, 2010]. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 19th day of March 2010. For the Nuclear Regulatory Commission. Allen G. Howe, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–6718 Filed 3–25–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–443; NRC–2010–0108] NextEra Energy Seabrook, LLC, et al.*; Seabrook Station, Unit No. 1; Exemption 1.0 Background NextEra Energy Seabrook, LLC, (the licensee) is the holder of Facility Operating License No. NPF–86, which authorizes operation of the Seabrook Station Unit No. 1 (Seabrook). 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 one pressurized water reactor located in Seabrook, New Hampshire. 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR) Part 73, ‘‘Physical * NextEra Energy Seabrook, LLC is authorized to act as agent for the: Hudson Light & Power Department, Massachusetts Municipal Wholesale Electric Company, and Taunton Municipal Light Plant and has exclusive responsibility and control over the physical construction, operation and maintenance of the facility. E:\FR\FM\26MRN1.SGM 26MRN1 14642 Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 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 one of these new requirements that Seabrook 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 February 25, 2010, as supplemented by letter dated March 5, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, ‘‘Specific exemptions.’’ The licensee’s February 25, 2010, and March 5, 2010, letters contain security-related information and, accordingly, portions are withheld from the public pursuant to 10 CFR 2.390(d)(1). The licensee has requested an exemption from the March 31, 2010, compliance date stating that it must complete installation and testing of modifications to the current site security configuration before all requirements can be met. Completion of these activities has been delayed by inclement weather. Specifically, the request is to extend the compliance date for one specific requirement from the current March 31, 2010, deadline to June 4, 2010. Being granted this exemption for the one item would allow the licensee to complete the modifications designed to incorporate state-of-the-art technology to meet the noted regulatory requirement. 3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010, Full Implementation Date Pursuant to 10 CFR 73.55(a)(1), ‘‘By March 31, 2010, each nuclear power reactor licensee, licensed under 10 CFR Part 50, shall implement the requirements of this section through its VerDate Nov<24>2008 15:23 Mar 25, 2010 Jkt 220001 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 June 4, 2010, for one specific requirement in the new rule. 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 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 sent 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 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. Seabrook Schedule Exemption Request The licensee provided detailed information in Enclosure 1 to the letter PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 dated March 5, 2010. It provides details addressing an upgrade and change of components and provides a date for achieving full compliance with the new regulation. Enclosure 1 also contains details of the specific portion of the regulation with which the site cannot be in compliance by the deadline of March 31, 2010, why the site cannot be in compliance by the deadline, and identifies a date of full compliance of June 4, 2010. Notwithstanding the schedule exemption for this one requirement, 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 4, 2010, Seabrook indicated that it 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 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 June 4, 2010, with regard to one specified requirement of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, ‘‘Specific exemptions,’’ an exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption. The NRC staff has determined that the long-term benefits that will be realized when the security upgrades are complete justifies extending the March 31, 2010, full compliance date for the one item specified in the licensee’s exemption request. The security measure Seabrook needs additional time to implement is a new requirement imposed by March 27, 2009, amendments to 10 CFR 73.55, and is 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, deadline for the one item specified in Enclosure 1 of NextEra letter dated E:\FR\FM\26MRN1.SGM 26MRN1 Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices March 5, 2010, the licensee is required to be in full compliance by June 4, 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 13319; dated March 19, 2010]. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 19th day of March 2010. For the Nuclear Regulatory Commission. Allen G. Howe, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–6728 Filed 3–25–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0138] Office of New Reactors; Proposed Standard Review Plan, Branch Technical Position 7–19 on Guidance for Evaluation of Diversity and Defense-in-Depth in Digital ComputerBased Instrumentation and Control Systems emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: Nuclear Regulatory Commission (NRC). ACTION: Solicitation of public comment. SUMMARY: The NRC staff is soliciting public comment on its Proposed NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants,’’ Branch Technical Position (BTP) 7–19, on Guidance for Evaluation of Diversity and Defense-in-Depth in Digital Computer-Based Instrumentation and Control Systems (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093490771). This BTP is to be cited as the acceptance criteria for Diversity and Defense-in-Depth (D3) in Digital Computer-Based Instrumentation and Control Systems in the Standard Review Plan (SRP), Chapter 7, for those standard reactor designs that have not been certified prior to the date of this BTP. The NRC staff issues SRPs and BTPs to facilitate timely implementation of current staff guidance and to facilitate VerDate Nov<24>2008 15:23 Mar 25, 2010 Jkt 220001 activities associated with the review of applications for design certification (DC) and combined licenses (COL) by the Office of New Reactors (NRO). Additionally, the SRPs and BTPs are used by the Office of Nuclear Reactor Regulation (NRR) staff in the review of applications for license amendments in currently operating nuclear power plants (NPPs). The NRC staff will also incorporate the revised SRP section and BTP 7–19 into the next revision of Regulatory Guide 1.206 and any related guidance documents. DATES: Comments must be filed no later than 60 days from the date of publication of this notice in the Federal Register. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any one of the following methods. Please include Docket ID NRC–2010– 0138 in the subject line of your comments. Comments submitted in writing, or in electronic form, will be posted on the NRC Web site and on the Federal rulemaking Web site http:// www.regulations.gov. Your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2010–0138. Address questions about NRC dockets to Carol Gallagher at 301–492–3668; e-mail at Carol.Gallagher@nrc.gov. Mail comments to: Michael T. Lesar, Chief, Rulemaking and Directives Branch (RDB), Division of Administrative Services, Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, or by fax to RDB at 301–492–3446. The NRC ADAMS 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 http://www.nrc.gov/reading-rm/ adams.html. Persons who do not have PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 14643 access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room reference staff by telephone at 1–800–397–4209, 301–415–4737, or by e-mail at pdr.resource@nrc.gov. FOR FURTHER INFORMATION CONTACT: Mr. Ian C. Jung, Chief, Instrumentation, Controls and Electrical Engineering Branch 2, Division of Engineering, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone at 301–415– 2969 or e-mail at Ian.Jung@nrc.gov. SUPPLEMENTARY INFORMATION: This SRP, NUREG–0800, has been prepared to establish criteria that the NRO staff use to evaluate if DC and COL applications meet the NRC’s regulations. NRR staff also will use these criteria to evaluate whether licensee applications for license amendments for currently operating NPPs conform to NRC regulations. The SRP is not a substitute for the NRC’s regulations, and compliance with it is not required. However, applicants are required to identify differences between design features, analytical techniques, and procedural measures proposed for a facility and corresponding SRP acceptance criteria, and evaluate how the proposed alternatives to the acceptance criteria provide an acceptable method of complying with the NRC’s regulations. The agency posts its issued staff guidance in the agency external Web page (http://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/sr0800). The NRC staff is issuing this notice to solicit public comments on proposed BTP 7–19, which is being issued for the first time. After the NRC staff considers any public comments, it will make a determination regarding proposed BTP 7–19. Dated at Rockville, Maryland, this 19th day of March 2010. For the Nuclear Regulatory Commission, George M. Tartal, Acting Branch Chief, Rulemaking and Guidance Development Branch, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2010–6762 Filed 3–25–10; 8:45 am] BILLING CODE 7590–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12082 and #12083] Arizona Disaster #AZ–00011 AGENCY: U.S. Small Business Administration. E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14641-14643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6728]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443; NRC-2010-0108]


NextEra Energy Seabrook, LLC, et al.*; Seabrook Station, Unit No. 
1; Exemption
---------------------------------------------------------------------------

    * NextEra Energy Seabrook, LLC is authorized to act as agent for 
the: Hudson Light & Power Department, Massachusetts Municipal 
Wholesale Electric Company, and Taunton Municipal Light Plant and 
has exclusive responsibility and control over the physical 
construction, operation and maintenance of the facility.
---------------------------------------------------------------------------

1.0 Background

    NextEra Energy Seabrook, LLC, (the licensee) is the holder of 
Facility Operating License No. NPF-86, which authorizes operation of 
the Seabrook Station Unit No. 1 (Seabrook). 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 one pressurized water reactor located in 
Seabrook, New Hampshire.

2.0 Request/Action

    Title 10 of the Code of Federal Regulations (10 CFR) Part 73, 
``Physical

[[Page 14642]]

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 one of these new requirements that 
Seabrook 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 February 25, 2010, as supplemented by letter dated 
March 5, 2010, the licensee requested an exemption in accordance with 
10 CFR 73.5, ``Specific exemptions.'' The licensee's February 25, 2010, 
and March 5, 2010, letters contain security-related information and, 
accordingly, portions are withheld from the public pursuant to 10 CFR 
2.390(d)(1). The licensee has requested an exemption from the March 31, 
2010, compliance date stating that it must complete installation and 
testing of modifications to the current site security configuration 
before all requirements can be met. Completion of these activities has 
been delayed by inclement weather. Specifically, the request is to 
extend the compliance date for one specific requirement from the 
current March 31, 2010, deadline to June 4, 2010. Being granted this 
exemption for the one item would allow the licensee to complete the 
modifications designed to incorporate state-of-the-art technology to 
meet the noted regulatory requirement.

3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010, 
Full Implementation Date

    Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear 
power reactor licensee, licensed under 10 CFR Part 50, shall implement 
the requirements of this section through its Commission-approved 
Physical Security Plan, Training and Qualification Plan, Safeguards 
Contingency Plan, and Cyber Security Plan referred to collectively 
hereafter as `security plans.' '' Pursuant to 10 CFR 73.5, the 
Commission may, upon application by any interested person or upon its 
own initiative, grant exemptions from the requirements of 10 CFR part 
73 when the exemptions are authorized by law, and will not endanger 
life or property or the common defense and security, and are otherwise 
in the public interest.
    NRC approval of this exemption, as noted above, would allow an 
extension from March 31, 2010, until June 4, 2010, for one specific 
requirement in the new rule. 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 
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 sent 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 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.

Seabrook Schedule Exemption Request

    The licensee provided detailed information in Enclosure 1 to the 
letter dated March 5, 2010. It provides details addressing an upgrade 
and change of components and provides a date for achieving full 
compliance with the new regulation. Enclosure 1 also contains details 
of the specific portion of the regulation with which the site cannot be 
in compliance by the deadline of March 31, 2010, why the site cannot be 
in compliance by the deadline, and identifies a date of full compliance 
of June 4, 2010.
    Notwithstanding the schedule exemption for this one requirement, 
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 4, 2010, Seabrook indicated that it 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 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 June 4, 2010, with regard to one 
specified requirement of 10 CFR 73.55.
    Accordingly, the Commission has determined that pursuant to 10 CFR 
73.5, ``Specific exemptions,'' an exemption from the March 31, 2010, 
compliance date is authorized by law and will not endanger life or 
property or the common defense and security, and is otherwise in the 
public interest. Therefore, the Commission hereby grants the requested 
exemption.
    The NRC staff has determined that the long-term benefits that will 
be realized when the security upgrades are complete justifies extending 
the March 31, 2010, full compliance date for the one item specified in 
the licensee's exemption request. The security measure Seabrook needs 
additional time to implement is a new requirement imposed by March 27, 
2009, amendments to 10 CFR 73.55, and is 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, deadline for the one item 
specified in Enclosure 1 of NextEra letter dated

[[Page 14643]]

March 5, 2010, the licensee is required to be in full compliance by 
June 4, 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 13319; dated March 19, 2010].
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 19th day of March 2010.

    For the Nuclear Regulatory Commission.

Allen G. Howe,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2010-6728 Filed 3-25-10; 8:45 am]
BILLING CODE 7590-01-P