PPL Susquehanna, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Exemption, 15462-15463 [2010-6885]
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15462
Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Notices
home page site for 60 days after the
signature date of this notice. Comments
submitted in writing or in electronic
form will be made available for public
inspection. Because 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.
Comments submitted should reference
Docket No. NRC–2010–0113. You may
submit your comments by any of the
following methods. Electronic
comments: Go to https://
www.regulations.gov and search for
Docket No. NRC–2010–0113. Mail
comments to NRC Clearance Officer,
Tremaine Donnell (T–5 F53), U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001. Questions
about the information collection
requirements may be directed to the
NRC Clearance Officer, Tremaine
Donnell (T–5 F53), U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, by telephone at 301–
415–6258, or by e-mail to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 17th day
of March 2010.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2010–6883 Filed 3–26–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–387 and 50–388; NRC–
2010–0109]
PPL Susquehanna, LLC; Susquehanna
Steam Electric Station, Units 1 and 2;
Exemption
cprice-sewell on DSK89S0YB1PROD with NOTICES
1.0
Background
PPL Susquehanna, LLC (PPL or the
licensee) is the holder of Renewed
Facility Operating License Nos. NPF–14
and NPF–22, which authorize operation
of the Susquehanna Steam Electric
Station (SSES), Units 1 and 2. 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 boilingwater reactors located in Luzerne
County, Commonwealth of
Pennsylvania.
VerDate Nov<24>2008
09:18 Apr 05, 2010
Jkt 220001
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 three of these new
requirements that PPL 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 3, 2009, as
supplemented by letters dated January 8
and 29, 2010, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
portions of the licensee’s letters dated
December 3, 2009, as supplemented by
letters dated January 8 and 29, 2010,
contain sensitive security information
and accordingly are withheld from
public disclosure in accordance with 10
CFR 2.390. 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
to extend the compliance date for one
specific requirement to October 29,
2010, and until July 31, 2011, for two
other requirements from the current
March 31, 2010, deadline. Being granted
this exemption for the three items
would allow the licensee to complete
the modifications designed to update
aging equipment and incorporate stateof-the-art technology to meet or exceed
the noted regulatory requirements.
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
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.
This NRC approval of the exemption
as noted above, would allow an
extension of implementation date in the
new rule from March 31, 2010, to
October 29, 2010, for one specific
requirement and until July 31, 2011, for
two other requirements. 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 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 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
E:\FR\FM\29MRN1.SGM
29MRN1
Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Notices
cprice-sewell on DSK89S0YB1PROD with NOTICES
licensees, with good cause, to apply for
relief from the compliance date
(Reference: letter dated June 4, 2009,
from R.W. Borchardt, NRC, to M.S.
Fertel, Nuclear Energy Institute,
Agencywide Documents Access and
Management System (ADAMS)
Accession Number ML091410309). The
licensee’s request for an exemption is,
therefore, consistent with the approach
set forth by the Commission and
discussed in the letter dated June 4,
2009.
SSES Units 1 and 2 Schedule
Exemption Request
The licensee provided detailed
information in its submissions dated
December 3, 2009, as supplemented by
letters dated January 8 and 29, 2010,
requesting an exemption. In its
submissions, PPL stated that
implementation of specific parts of the
new requirements will require more
time to implement since they involve
significant physical modifications
requiring: (1) Specific parts that are
proving to be long lead time items, (2)
specialized industry expertise whose
availability is being challenged by the
significant demand for a limited
resource, or (3) a major interface with
the plant for installation that must be
carefully planned and implemented to
avoid impact to the plant protective
strategy. The licensee provided a
timeline for achieving full compliance
with the new regulation. The licensee’s
submissions dated December 3, 2009, as
supplemented by letters dated January 8
and 29, 2010, contain sensitive security
information regarding (1) The site
security plan, (2) details of the specific
requirements of the regulation for which
the site cannot be in compliance by the
March 31, 2010, deadline and
justification for the same, (3) the
required changes to the site’s security
configuration, and (4) a timeline with
critical path activities that will bring the
licensee into full compliance by July 31,
2011, for all the regulatory requirements
of 10 CFR 73.55, as issued on March 27,
2009 (by October 29, 2010, for one
specific requirement, by July 31, 2011,
for two other requirements, and by
March 31, 2010, for all other
requirements). The timeline provides
dates indicating when (1) construction
will begin on various phases of the
project (e.g., 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 schedule
exemptions for these limited
requirements, the licensee stated that it
will continue to be in compliance with
VerDate Nov<24>2008
09:18 Apr 05, 2010
Jkt 220001
all other applicable physical security
requirements as described in 10 CFR
73.55 and reflected in its current NRCapproved physical security program. By
July 31, 2011, SSES, Units 1 and 2 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 July
31, 2011, with regard to three specified
requirements 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 modifications described in
PPL’s letter dated December 3, 2009, as
supplemented by letters dated January 8
and 29, 2010, are complete, justifies
exceeding the full compliance date in
the case of this particular licensee. The
security measures PPL 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 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 three
items specified in its letter dated
December 3, 2009, as supplemented by
letter dated January 8 and January 29,
2010, the licensee is required to be in
full compliance July 31, 2011 (by
October 29, 2010, for one specific
requirement, by July 31, 2011, for two
other requirements, and by March 31,
2010, for all other requirements.) 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
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
15463
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment 75 FR 13322; dated
March 19, 2010.
This exemption is effective upon
issuance.
Dated at Rockville, Maryland this 22nd 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. 2010–6885 Filed 3–26–10; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
National Council on Federal LaborManagement Relations Meeting
Office of Personnel
Management.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The National Council on
Federal Labor-Management Relations
will hold its second and third meetings
on April 7, 2010 and May 5, 2010 at the
time and location shown below. The
Council is an advisory body composed
of representatives of Federal employee
organizations, Federal management
organizations, and senior government
officials. The Council was established
by Executive Order 13522, entitled,
‘‘Creating Labor-Management Forums to
Improve Delivery of Government
Services,’’ which was signed by the
President on December 9, 2009. Along
with its other responsibilities, the
Council assists in the implementation of
Labor Management Forums throughout
the government and makes
recommendations to the President on
innovative ways to improve delivery of
services and products to the public
while cutting costs and advancing
employee interests. The Council is cochaired by the Director of the Office of
Personnel Management and the Deputy
Director for Management of the Office of
Management and Budget.
Please note that we are providing a
slightly shortened notice period for the
April 7 meeting as permitted under 41
CFR 102–3.150 in ‘‘exceptional
circumstances.’’ Action on this notice
was delayed due to the press of
increased workloads at OPM this week
relating to the recent passage of the
health care bill. However, the meeting
date, time, location and purpose were
announced at the February 26, 2010
public meeting of the Council. Also,
notice of the meeting has been posted
E:\FR\FM\29MRN1.SGM
29MRN1
Agencies
[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15462-15463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6885]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387 and 50-388; NRC-2010-0109]
PPL Susquehanna, LLC; Susquehanna Steam Electric Station, Units 1
and 2; Exemption
1.0 Background
PPL Susquehanna, LLC (PPL or the licensee) is the holder of Renewed
Facility Operating License Nos. NPF-14 and NPF-22, which authorize
operation of the Susquehanna Steam Electric Station (SSES), Units 1 and
2. 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 boiling-water reactors located in
Luzerne County, Commonwealth of Pennsylvania.
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 three of these new
requirements that PPL 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 3, 2009, as supplemented by letters dated
January 8 and 29, 2010, the licensee requested an exemption in
accordance with 10 CFR 73.5, ``Specific exemptions.'' The portions of
the licensee's letters dated December 3, 2009, as supplemented by
letters dated January 8 and 29, 2010, contain sensitive security
information and accordingly are withheld from public disclosure in
accordance with 10 CFR 2.390. 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 to extend the compliance date for one specific requirement
to October 29, 2010, and until July 31, 2011, for two other
requirements from the current March 31, 2010, deadline. Being granted
this exemption for the three 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 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.
This NRC approval of the exemption as noted above, would allow an
extension of implementation date in the new rule from March 31, 2010,
to October 29, 2010, for one specific requirement and until July 31,
2011, for two other requirements. 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 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
[[Page 15463]]
licensees, with good cause, to apply for relief from the compliance
date (Reference: letter dated June 4, 2009, from R.W. Borchardt, NRC,
to M.S. Fertel, Nuclear Energy Institute, Agencywide Documents Access
and Management System (ADAMS) Accession Number ML091410309). The
licensee's request for an exemption is, therefore, consistent with the
approach set forth by the Commission and discussed in the letter dated
June 4, 2009.
SSES Units 1 and 2 Schedule Exemption Request
The licensee provided detailed information in its submissions dated
December 3, 2009, as supplemented by letters dated January 8 and 29,
2010, requesting an exemption. In its submissions, PPL stated that
implementation of specific parts of the new requirements will require
more time to implement since they involve significant physical
modifications requiring: (1) Specific parts that are proving to be long
lead time items, (2) specialized industry expertise whose availability
is being challenged by the significant demand for a limited resource,
or (3) a major interface with the plant for installation that must be
carefully planned and implemented to avoid impact to the plant
protective strategy. The licensee provided a timeline for achieving
full compliance with the new regulation. The licensee's submissions
dated December 3, 2009, as supplemented by letters dated January 8 and
29, 2010, contain sensitive security information regarding (1) The site
security plan, (2) details of the specific requirements of the
regulation for which the site cannot be in compliance by the March 31,
2010, deadline and justification for the same, (3) the required changes
to the site's security configuration, and (4) a timeline with critical
path activities that will bring the licensee into full compliance by
July 31, 2011, for all the regulatory requirements of 10 CFR 73.55, as
issued on March 27, 2009 (by October 29, 2010, for one specific
requirement, by July 31, 2011, for two other requirements, and by March
31, 2010, for all other requirements). The timeline provides dates
indicating when (1) construction will begin on various phases of the
project (e.g., 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 schedule exemptions for these limited
requirements, the licensee stated that it 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 July 31, 2011, SSES, Units 1 and 2 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 July 31, 2011, with regard to three
specified requirements 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 modifications described in PPL's letter dated
December 3, 2009, as supplemented by letters dated January 8 and 29,
2010, are complete, justifies exceeding the full compliance date in the
case of this particular licensee. The security measures PPL 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 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 three items specified in its letter dated December 3, 2009, as
supplemented by letter dated January 8 and January 29, 2010, the
licensee is required to be in full compliance July 31, 2011 (by October
29, 2010, for one specific requirement, by July 31, 2011, for two other
requirements, and by March 31, 2010, for all other requirements.) 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 13322; dated March 19, 2010.
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 22nd 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. 2010-6885 Filed 3-26-10; 8:45 am]
BILLING CODE 7590-01-P