Entergy Operations, Inc., Waterford Steam Electric Station, Unit 3; Exemption, 15746-15748 [2010-7026]
Download as PDF
<![CDATA[
15746
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
NRC approval of this exemption, as
noted above, would allow an extension
of the implementation date from March
31, 2010, to June 30, 2010, for one
specific requirement to December 17,
2010, for the second 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 the licensee’s
proposed exemption would not result in
a violation of the Atomic Energy Act of
1954, as amended, or the Commission’s
regulations. Therefore, the exemption is
authorized by law.
In the draft final power reactor
security rule provided to the
Commission, the NRC staff proposed
that the requirements of the new
regulation be met within 180 days. The
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to achieve full
compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct 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.
PVNGS Schedule Exemption Request
The licensee provided detailed
information in the enclosure to its letter
dated December 21, 2009, requesting an
exemption, and provided further
clarification in its letters dated February
16 and March 5, 2010. In those letters,
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 PVNGS site and provided a
timeline for achieving full compliance
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
with the new regulation. The licensee’s
letters dated December 21, 2009, and
March 5, 2010, contain security-related
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
detailed timeline with critical path
activities that would enable the licensee
to achieve full compliance by December
17, 2010. The timeline provides dates
indicating when (1) construction will
begin on various phases of the project,
(2) outages are scheduled for each unit,
and (3) critical equipment will be
ordered, installed, tested and become
operational.
Notwithstanding the schedule
exemptions for these limited
requirements, the licensee would
continue to be in compliance with all
other applicable physical security
requirements, as described in 10 CFR
73.55 and reflected in its current NRCapproved physical security program. By
December 17, 2010, PVNGS would be in
full compliance with the regulatory
requirements of 10 CFR 73.55, as issued
on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The staff has reviewed the licensee’s
submittals and concludes that the
licensee has provided adequate
justification for its request for an
extension of the compliance date to June
30, 2010, and to December 17, 2010,
respectively, for two specified
requirements.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, ‘‘Specific exemptions,’’ an
exemption from the March 31, 2010,
compliance date is authorized by law
and will not endanger life or property or
the common defense and security, and
is otherwise in the public interest.
Therefore, the Commission hereby
grants the requested exemption.
The NRC staff has determined that the
long-term benefits that will be realized
when the PVNGS security modifications
are completed justify exceeding the full
compliance date with regard to the
specified requirements of 10 CFR 73.55.
The significant security enhancements
PVNGS 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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
interest of protecting the public health
and safety through the security changes
that will result from granting this
exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption from the March 31, 2010,
deadline for the two items specified in
the enclosure to the APS letter dated
December 21, 2009, as supplemented by
the APS letters dated February 16 and
March 5, 2010, the licensee is required
to be in full compliance by December
17, 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 13606;
dated March 22, 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. 2010–7029 Filed 3–29–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–382; NRC–2010–0110]
Entergy Operations, Inc., Waterford
Steam Electric Station, Unit 3;
Exemption
1.0 Background
Entergy Operations, Inc. (the
licensee), is the holder of Facility
Operating License No. NPF–38 which
authorizes operation of the Waterford
Steam Electric Station, Unit 3
(Waterford 3). 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 St.
Charles Parish, Louisiana.
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
E:\FR\FM\30MRN1.SGM
30MRN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
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
Waterford 3 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 19, 2010, as
supplemented by letter dated February
17, 2010, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ Portions of
the letters dated January 19 and
February 17, 2010, contain securityrelated information and, accordingly,
redacted versions of the letters dated
January 19 and February 17, 2010, are
available for public review in the
Agencywide Documents Access and
Management System (ADAMS)
Accession Nos. ML100210193 and
ML100500999, respectively. The
licensee has requested an exemption
from the March 31, 2010,
implementation 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 implementation date from
the current March 31, 2010, deadline to
November 15, 2010, for one
requirement. Granting this exemption
for the one item 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
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
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
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 exemption, as noted above,
would allow an extension from March
31, 2010, until November 15, 2010, of
the implementation date with the new
rule in one specified area. 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 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 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
(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.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
15747
Waterford 3 Schedule Exemption
Request
The licensee provided detailed
information in attachments to its
application dated January 19, 2010, and
supplemental letter dated February 17,
2010, requesting an exemption. The
licensee describes a comprehensive plan
to upgrade to the security capabilities of
its Waterford 3 site and provides a
timeline for achieving full compliance
with the new regulation. Attachments to
the letters contain proprietary
information regarding the site security
plan, details of specific portions of the
regulation for which the site cannot be
in compliance by the March 31, 2010,
deadline, and why, 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 November
15, 2010. The timeline provides dates
indicating when critical equipment will
be ordered, receipt of the equipment,
installation, testing, and training.
Notwithstanding the scheduler
exemptions for these limited
requirements, the licensee would
continue to be in compliance with all
other applicable physical security
requirements as described in 10 CFR
73.55 and reflected in its current NRCapproved physical security program. By
November 15, 2010, Waterford 3 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 justified its request for an
extension of the compliance date with
regard to one specified requirement of
10 CFR 73.55 until November 15, 2010.
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 long-term benefits that will be
realized when the complete system is in
place justifies exceeding the full
compliance date in the case of this
particular licensee. The security
measures Waterford 3 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
E:\FR\FM\30MRN1.SGM
30MRN1
15748
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
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 to the March 31, 2010,
deadline for the one item specified in
the attachment to the Entergy letter
dated January 19, 2010, the licensee is
required to be in full compliance with
10 CFR 73.55 by November 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 13798,
dated March 23, 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. 2010–7026 Filed 3–29–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–341; NRC–2010–0099]
Detroit Edison Company; Fermi 2;
Exemption
jlentini on DSKJ8SOYB1PROD with NOTICES
1.0
Background
Detroit Edison Company (the licensee)
is the holder of Facility Operating
License No. NPF–43, which authorizes
operation of Fermi 2. 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 boilingwater reactor located in Monroe County,
Michigan.
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
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
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 Fermi 2
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 November 19, 2009, as
supplemented by letter dated December
23, 2009, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s November 19, 2009, and
December 23, 2009, letters, have certain
portions which contain proprietary and
safeguards information and,
accordingly, are not available to the
public. 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 five
requirements that would be in place by
May 31, 2011, versus the March 31,
2010, deadline. Being granted this
exemption for the five requirements
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.
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,
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
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 exemption, as noted
above, would allow an extension from
March 31, 2010, to May 31, 2011, for the
implementation date for five specified
areas of the new rule. 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 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 any
such 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.
Fermi 2 Schedule Exemption Request
The licensee provided detailed
information in Enclosures 1 and 2 of its
supplemental submittal to its November
19, 2009, letter, requesting an
exemption. It describes a
comprehensive plan which provides a
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15746-15748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7026]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-382; NRC-2010-0110]
Entergy Operations, Inc., Waterford Steam Electric Station, Unit
3; Exemption
1.0 Background
Entergy Operations, Inc. (the licensee), is the holder of Facility
Operating License No. NPF-38 which authorizes operation of the
Waterford Steam Electric Station, Unit 3 (Waterford 3). 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
St. Charles Parish, Louisiana.
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
[[Page 15747]]
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
Waterford 3 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 19, 2010, as supplemented by letter dated
February 17, 2010, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' Portions of the letters
dated January 19 and February 17, 2010, contain security-related
information and, accordingly, redacted versions of the letters dated
January 19 and February 17, 2010, are available for public review in
the Agencywide Documents Access and Management System (ADAMS) Accession
Nos. ML100210193 and ML100500999, respectively. The licensee has
requested an exemption from the March 31, 2010, implementation 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 implementation date
from the current March 31, 2010, deadline to November 15, 2010, for one
requirement. Granting this exemption for the one item 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 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.
This exemption, as noted above, would allow an extension from March
31, 2010, until November 15, 2010, of the implementation date with the
new rule in one specified area. 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 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
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 (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.
Waterford 3 Schedule Exemption Request
The licensee provided detailed information in attachments to its
application dated January 19, 2010, and supplemental letter dated
February 17, 2010, requesting an exemption. The licensee describes a
comprehensive plan to upgrade to the security capabilities of its
Waterford 3 site and provides a timeline for achieving full compliance
with the new regulation. Attachments to the letters contain proprietary
information regarding the site security plan, details of specific
portions of the regulation for which the site cannot be in compliance
by the March 31, 2010, deadline, and why, 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
November 15, 2010. The timeline provides dates indicating when critical
equipment will be ordered, receipt of the equipment, installation,
testing, and training.
Notwithstanding the scheduler exemptions for these limited
requirements, the licensee would continue to be in compliance with all
other applicable physical security requirements as described in 10 CFR
73.55 and reflected in its current NRC-approved physical security
program. By November 15, 2010, Waterford 3 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 justified its request for an extension of the
compliance date with regard to one specified requirement of 10 CFR
73.55 until November 15, 2010.
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 long-term benefits that will be realized when the complete
system is in place justifies exceeding the full compliance date in the
case of this particular licensee. The security measures Waterford 3
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
[[Page 15748]]
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 to the March 31, 2010, deadline for the one item
specified in the attachment to the Entergy letter dated January 19,
2010, the licensee is required to be in full compliance with 10 CFR
73.55 by November 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 13798, dated March 23, 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. 2010-7026 Filed 3-29-10; 8:45 am]
BILLING CODE 7590-01-P
