Omaha Public Power District; Fort Calhoun Station, Unit 1; Exemption, 15744-15745 [2010-7025]
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15744
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
For the Nuclear Regulatory Commission.
Dated this 24th day of March 2010 at
Rockville, Maryland.
Scott W. Moore,
Deputy Director, Office of International
Programs.
[FR Doc. 2010–7023 Filed 3–29–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–285; NRC–2010–0087]
Omaha Public Power District; Fort
Calhoun Station, Unit 1; Exemption
1.0
Background
Omaha Public Power District (OPPD,
the licensee) is the holder of Renewed
Facility Operating License No. DPR–40
which authorizes operation of the Fort
Calhoun Station, Unit 1 (FCS). 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
Washington County, Nebraska.
jlentini on DSKJ8SOYB1PROD with NOTICES
2.0
Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) Part 73, ‘‘Physical
protection of plants and materials,’’
Section 73.55, ‘‘Requirements for
physical protection of licensed activities
in nuclear power reactors against
radiological sabotage,’’ published 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, 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 OPPD now seeks an
exemption from the March 31, 2010,
implementation date. All other physical
security requirements established by
this recent rulemaking have already
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
been or will be implemented by the
licensee by March 31, 2010.
By letter dated December 31, 2009, as
supplemented by letter dated January
21, 2010, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ Portions of
the licensee’s letters dated December 31,
2009, and January 21, 2010, contain
security-related information and,
accordingly, those portions are being
withheld from public disclosure. The
licensee has requested an exemption
from the March 31, 2010, compliance
date stating that it must complete a
number of significant modifications to
the current site security configuration
before all requirements can be met.
Specifically, the request is for three
requirements that would be met by
October 5, 2011, instead of the March
31, 2010, deadline. Granting this
exemption for the three items would
allow the licensee to complete the
necessary security system upgrades to
meet or exceed regulatory requirements.
3.0 Discussion of Part 73 Schedule
Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ‘‘By
March 31, 2010, each nuclear power
reactor licensee, licensed under 10 CFR
Part 50, shall implement the
requirements of this section through its
Commission-approved Physical Security
Plan, Training and Qualification Plan,
Safeguards Contingency Plan, and Cyber
Security Plan referred to collectively
hereafter as ‘security plans.’’’ Pursuant
to 10 CFR 73.5, the Commission may,
upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR Part 73 when the exemptions are
authorized by law, and will not
endanger life or property or the common
defense and security, and are otherwise
in the public interest.
NRC approval of this exemption, as
noted above, would allow an extension
from March 31, 2010, until October 5,
2011, of the implementation date for
three 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 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 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
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
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 reach 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 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.
FCS Schedule Exemption Request
The licensee provided detailed
information in the Attachments to its
letters dated December 31, 2009, and
January 21, 2010, requesting an
exemption. The licensee is requesting
additional time to implement certain
new requirements due to the amount of
engineering and design, material
procurement, and construction and
installation activities. The licensee
describes a comprehensive plan to
upgrade the security capabilities of the
FCS site and provides a timeline for
achieving full compliance with the new
regulation. The Attachments to the
licensee’s letters contain securityrelated information regarding the site
security plan, details of specific
requirements of the regulation for which
the site cannot be in compliance by the
March 31, 2010, deadline, and a
timeline with critical path activities that
would enable the licensee to achieve
full compliance by October 5, 2011. The
timeline provides milestone dates for
engineering, planning and procurement,
implementation, startup and testing,
engineering closeout, and project
closeout. A redacted version of the
licensee’s letter dated December 31,
2009, is publicly available in
Agencywide Documents Management
and Access System (ADAMS) Accession
No. ML100050032.
E:\FR\FM\30MRN1.SGM
30MRN1
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
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
October 5, 2011, FCS 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 justified its request for an
extension of the compliance date with
regard to three specified requirements of
10 CFR 73.55 until October 5, 2011.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, ‘‘Specific exemptions,’’ 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 has determined that the
long-term benefits, that will be realized
when the FCS modifications are
complete, justify extending the full
compliance date in the case of this
particular licensee. The significant
security measures for which FCS 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 three items specified in
the Attachments to FCS’s letters dated
December 31, 2009, and January 21,
2010, the licensee is required to be in
full compliance with 10 CFR 73.55 by
October 5, 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
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
human environment [75 FR 10835;
March 9, 2010].
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 23rd 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. 2010–7025 Filed 3–29–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. STN 50–528, STN 50–529, and
STN 50–530 NRC–2010–0114]
Arizona Public Service Company, et al.
Palo Verde Nuclear Generating Station,
Units 1, 2, and 3; Exemption
1.0
Background
The Arizona Public Service Company
(APS, the licensee) is the holder of
Facility Operating License Nos. NPF–41,
NPF–51, and NPF–74, which authorize
operation of the Palo Verde Nuclear
Generating Station (PVNGS), Units 1, 2,
and 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 three
pressurized-water reactors located in
Maricopa County, Arizona.
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
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
15745
upon insights gained from
implementation of the post-September
11, 2001, security orders. It is from two
of these additional requirements that
APS 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 21, 2009, as
supplemented by letters dated February
16 and March 5, 2010, the licensee
requested an exemption in accordance
with 10 CFR 73.5, ‘‘Specific
exemptions.’’ The licensee’s letters can
be found in the Agencywide Documents
Access and Management System
(ADAMS), at Accession Nos.
ML100040088, ML100550875, and
ML100680760, respectively. The
licensee’s letters dated December 21,
2009, and March 5, 2010, contain
security-related information and,
accordingly, those portions of the letters
are being withheld from public
disclosure. 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
Part 73. Specifically, the request is to
extend the implementation date from
the current March 31, 2010, deadline to
June 30, 2010, for one specified item,
and to December 17, 2010, for the
second specified item. Granting this
exemption for the two items would
allow the licensee to complete the
modifications designed to update aging
equipment and incorporate state-of-theart technology to meet 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.
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15744-15745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7025]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-285; NRC-2010-0087]
Omaha Public Power District; Fort Calhoun Station, Unit 1;
Exemption
1.0 Background
Omaha Public Power District (OPPD, the licensee) is the holder of
Renewed Facility Operating License No. DPR-40 which authorizes
operation of the Fort Calhoun Station, Unit 1 (FCS). 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
Washington County, Nebraska.
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, 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 OPPD 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 31, 2009, as supplemented by letter dated
January 21, 2010, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' Portions of the licensee's
letters dated December 31, 2009, and January 21, 2010, contain
security-related information and, accordingly, those portions are being
withheld from public disclosure. The licensee has requested an
exemption from the March 31, 2010, compliance date stating that it must
complete a number of significant modifications to the current site
security configuration before all requirements can be met.
Specifically, the request is for three requirements that would be met
by October 5, 2011, instead of the March 31, 2010, deadline. Granting
this exemption for the three items would allow the licensee to complete
the necessary security system upgrades to meet or exceed regulatory
requirements.
3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee, licensed under 10 CFR Part 50, shall implement
the requirements of this section through its Commission-approved
Physical Security Plan, Training and Qualification Plan, Safeguards
Contingency Plan, and Cyber Security Plan referred to collectively
hereafter as `security plans.''' Pursuant to 10 CFR 73.5, the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR Part
73 when the exemptions are authorized by law, and will not endanger
life or property or the common defense and security, and are otherwise
in the public interest.
NRC approval of this exemption, as noted above, would allow an
extension from March 31, 2010, until October 5, 2011, of the
implementation date for three 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 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 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
reach 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 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.
FCS Schedule Exemption Request
The licensee provided detailed information in the Attachments to
its letters dated December 31, 2009, and January 21, 2010, requesting
an exemption. The licensee is requesting additional time to implement
certain new requirements due to the amount of engineering and design,
material procurement, and construction and installation activities. The
licensee describes a comprehensive plan to upgrade the security
capabilities of the FCS site and provides a timeline for achieving full
compliance with the new regulation. The Attachments to the licensee's
letters contain security-related information regarding the site
security plan, details of specific requirements of the regulation for
which the site cannot be in compliance by the March 31, 2010, deadline,
and a timeline with critical path activities that would enable the
licensee to achieve full compliance by October 5, 2011. The timeline
provides milestone dates for engineering, planning and procurement,
implementation, startup and testing, engineering closeout, and project
closeout. A redacted version of the licensee's letter dated December
31, 2009, is publicly available in Agencywide Documents Management and
Access System (ADAMS) Accession No. ML100050032.
[[Page 15745]]
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 NRC-approved physical security
program. By October 5, 2011, FCS 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 justified its request for an extension of the
compliance date with regard to three specified requirements of 10 CFR
73.55 until October 5, 2011.
Accordingly, the Commission has determined that pursuant to 10 CFR
73.5, ``Specific exemptions,'' 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 has determined that the long-term benefits, that will be
realized when the FCS modifications are complete, justify extending the
full compliance date in the case of this particular licensee. The
significant security measures for which FCS 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 three
items specified in the Attachments to FCS's letters dated December 31,
2009, and January 21, 2010, the licensee is required to be in full
compliance with 10 CFR 73.55 by October 5, 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 10835; March 9, 2010].
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 23rd 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. 2010-7025 Filed 3-29-10; 8:45 am]
BILLING CODE 7590-01-P
