Detroit Edison Company; Fermi 2; Exemption, 15748-15749 [2010-7030]
Download as PDF
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
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
timeline for achieving full compliance
with the new regulation. Enclosures 1
and 2 contain proprietary information
regarding the site security plan, details
of the specific requirements 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 will enable the licensee to achieve
full compliance by May 31, 2011. The
timeline provides dates indicating when
(1) construction will begin on various
phases of the project (i.e., new buildings
and fences), and (2) critical equipment
will be installed, tested and become
operational.
Notwithstanding the schedule
exemptions of these limited
requirements, the licensee indicated
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 May 31, 2011, the licensee
also stated that Fermi 2 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 NRC 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 May
31, 2011, with regard to five 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 longterm benefits that will be realized when
the Fermi 2 modifications are completed
justifies exceeding the full compliance
date in the case of this particular
licensee. The security measures Fermi 2
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 currently
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.
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption from the March 31, 2010,
deadline for the five requirements
specified in Enclosure 1 of the Detroit
Edison letter dated December 23, 2009,
the licensee is required to be in full
compliance by May 31, 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 11946;
dated March 12, 2010].
This exemption is effective upon
issuance.
15749
1.0 Background
Entergy Operations, Inc. (Entergy or
the licensee), is the holder of Facility
Operating License No. NPF–29 which
authorizes operation of the Grand Gulf
Nuclear Station, Unit 1 (GGNS). The
license provides, among other things,
that the facility is subject to the rules,
regulations, and orders of the Nuclear
Regulatory Commission (NRC, the
Commission) now or hereafter in effect.
The facility consists of a boiling-water
reactor located in Claiborne County,
Mississippi.
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 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 two
of these additional requirements that
Entergy 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 application dated January 14,
2010, as supplemented by letters dated
January 18 and February 4, 2010, the
licensee requested an exemption in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ The licensee’s letters
dated January 14 and February 4, 2010,
contain security-related information
and, accordingly, are being withheld
from public disclosure. The licensee’s
letter dated January 18, 2010, is publicly
available in Agencywide Documents
Access and Management System
(ADAMS) Accession No. ML100190852.
The licensee has requested an
exemption from the March 31, 2010,
implementation date, stating that it
must complete a number of
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
July 30, 2010, for one requirement and
to March 31, 2011, for a second
requirement. Granting this exemption
for the two requirements would allow
the licensee to complete the
modifications designed to provide
significant upgrades to meet the noted
regulatory requirements.
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
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
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. 2010–7030 Filed 3–29–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–416; NRC–2010–0082]
Entergy Operations, Inc., Grand Gulf
Nuclear Station, Unit 1; Exemption
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
E:\FR\FM\30MRN1.SGM
30MRN1
Agencies
[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15748-15749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7030]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-341; NRC-2010-0099]
Detroit Edison Company; Fermi 2; Exemption
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 boiling-water 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 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 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.
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 site-specific 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
[[Page 15749]]
timeline for achieving full compliance with the new regulation.
Enclosures 1 and 2 contain proprietary information regarding the site
security plan, details of the specific requirements 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
will enable the licensee to achieve full compliance by May 31, 2011.
The timeline provides dates indicating when (1) construction will begin
on various phases of the project (i.e., new buildings and fences), and
(2) critical equipment will be installed, tested and become
operational.
Notwithstanding the schedule exemptions of these limited
requirements, the licensee indicated 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 May 31, 2011, the licensee also stated
that Fermi 2 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 NRC 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 May 31, 2011, with regard to
five 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 Fermi 2 modifications are completed
justifies exceeding the full compliance date in the case of this
particular licensee. The security measures Fermi 2 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 currently
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 five
requirements specified in Enclosure 1 of the Detroit Edison letter
dated December 23, 2009, the licensee is required to be in full
compliance by May 31, 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 11946; dated March 12, 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. 2010-7030 Filed 3-29-10; 8:45 am]
BILLING CODE 7590-01-P