Entergy Operations, Inc., Arkansas Nuclear One, Units 1 And 2; Exemption, 15751-15752 [2010-7031]
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Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–313 and 50–368; NRC–
2010–0111]
Entergy Operations, Inc., Arkansas
Nuclear One, Units 1 And 2; Exemption
1.0
Background
Entergy Operations, Inc. (the
licensee), is the holder of Facility
Operating License Nos. DPR–51 and
NPF–6, which authorize operation of
the Arkansas Nuclear One, Units 1 and
2 (ANO–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
pressurized-water reactors located in
Pope County, Arkansas.
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 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 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 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 letter dated January 14, 2010, as
supplemented by letter dated January
28, 2010, the licensee requested an
exemption in accordance with 10 CFR
73.5, ‘‘Specific exemptions.’’ The
licensee’s letters dated January 14 and
28, 2010, contain security-related
information and, accordingly, those
VerDate Nov<24>2008
18:12 Mar 29, 2010
Jkt 220001
portions are being withheld from public
disclosure. Redacted versions of the
letters dated January 14 and 28, 2010,
are publicly available in the
Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML100190140 and
ML100710021, 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 compliance date from the
current March 31, 2010, deadline to
October 31, 2010, for two requirements
and August 31, 2011, for one
requirement. Granting 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
requirement.
3.0 Discussion of Part 73 Schedule
Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ‘‘By
March 31, 2010, each nuclear power
reactor licensee, licensed under 10 CFR
Part 50, shall implement the
requirements of this section through its
Commission-approved Physical Security
Plan, Training and Qualification Plan,
Safeguards Contingency Plan, and Cyber
Security Plan referred to collectively
hereafter as ‘security plans.’ ’’ Pursuant
to 10 CFR 73.5, the Commission may,
upon application by any interested
person or upon its own initiative, grant
exemptions from the requirements of 10
CFR Part 73 when the exemptions are
authorized by law, and will not
endanger life or property or the common
defense and security, and are otherwise
in the public interest.
NRC approval of this exemption
would, as noted above, allow an
extension from March 31, 2010, to
October 31 2010, for two specific
requirements, and to August 31, 2011
for one specific requirement. As stated
above, 10 CFR 73.5 allows the NRC to
grant exemptions from the requirements
of 10 CFR Part 73. The NRC staff has
determined that granting of the
licensee’s proposed exemption would
not result in a violation of the Atomic
Energy Act of 1954, as amended, or the
Commission’s regulations. Therefore,
the exemption is authorized by law.
In the draft final 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
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
15751
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to achieve full
compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct sitespecific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a request to generically extend
the rule’s compliance date for all
operating nuclear power plants, but
noted that the Commission’s regulations
provide mechanisms for individual
licensees, with good cause, to apply for
relief from the compliance date
(Reference: June 4, 2009, letter from R.
W. Borchardt, NRC, to M. S. Fertel,
Nuclear Energy Institute). The licensee’s
request for an exemption is therefore
consistent with the approach set forth
by the Commission and discussed in the
June 4, 2009, letter.
ANO–1 and 2 Schedule Exemption
Request
The licensee provided detailed
information in attachments to its
application dated January 14, 2010, and
supplemental letter dated January 28,
2010, requesting an exemption. It
describes a comprehensive plan to
upgrade the security capabilities of its
ANO site and provides a timeline for
achieving full compliance with the new
regulation. Attachments to the letters
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 timeline with
critical path activities that would enable
the licensee to achieve full compliance
by August 31, 2011. The timeline
provides dates indicating when critical
equipment will be ordered, receipt of
the equipment, installation, tested, 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-
E:\FR\FM\30MRN1.SGM
30MRN1
15752
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
approved physical security program. By
October 31, 2010, ANO–1 and 2 will be
in full compliance with all but one
specified requirement. By August 31,
2011, ANO–1 and 2 will be in full
compliance with all the regulatory
requirements of 10 CFR 73.55, as issued
on March 27, 2009.
jlentini on DSKJ8SOYB1PROD with NOTICES
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 two specified requirements of
10 CFR 73.55 until October 31, 2010,
and one specified requirement until
August 31, 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 complete system is in place
justifies extending the full compliance
date in the case of this particular
licensee. The security measures for
which ANO–1 and 2 need 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 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 three items specified in
the attachments to the Entergy letters
dated January 14 and 28, 2010, the
licensee is required to be in full
compliance with 10 CFR 73.55 by
August 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
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
human environment (75 FR 13607;
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. 2010–7031 Filed 3–29–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATES: Weeks of March 29; April 5, 12,
19, 26; May 3, 2010.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Week of March 29, 2010
Tuesday, March 30, 2010
9:30 a.m. Briefing on Safety Culture
(Public Meeting). (Contact: Jose Ibarra,
301–415–2581.)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of April 5, 2010—Tentative
Tuesday, April 6, 2010
9 a.m. Periodic Briefing on New
Reactor Issues—Design Certifications
(Public Meeting). (Contact: Amy
Snyder, 301–415–6822.)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Thursday, April 8, 2010
9:30 a.m. Briefing on Regional
Programs—Programs, Performance,
and Future Plans (Public Meeting).
(Contact: Richard Barkley, 610–337–
5065.)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of April 12, 2010—Tentative
Thursday, April 15, 2010
9:30 a.m. Briefing on Resolution of
Generic Safety Issue (GSI)—191,
Assessment of Debris Accumulation
on Pressurized Water Reactor (PWR)
Sump Performance (Public Meeting).
(Contact: Michael Scott, 301–415–
0565.)
Frm 00085
Fmt 4703
Sfmt 9990
Week of April 19, 2010—Tentative
There are no meetings scheduled for
the week of April 19, 2010.
Week of April 26, 2010—Tentative
Thursday, April 29, 2010
9:30 a.m. Briefing on the Fuel Cycle
Oversight Process Revisions (Public
Meeting). (Contact: Michael Raddatz,
301–492–3108.)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of May 3, 2010—Tentative
[NRC–2010–0002]
PO 00000
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Tuesday, May 4, 2010
9:30 a.m. Briefing on Human Capital
and Equal Employment Opportunity
(Public Meeting). (Contact: Kristin
Davis, 301–415–2673.)
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
*
*
*
*
*
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify Angela
Bolduc, Chief, Employee/Labor
Relations and Work Life Branch, at 301–
492–2230, TDD: 301–415–2100, or by
e-mail at angela.bolduc@nrc.gov.
Determinations on requests for
reasonable accommodation will be
made on a case-by-case basis.
*
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This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an e-mail to
darlene.wright@nrc.gov.
Dated: March 25, 2010.
Rochelle C. Bavol,
Office of the Secretary.
[FR Doc. 2010–7185 Filed 3–26–10; 4:15 pm]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Pages 15751-15752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7031]
[[Page 15751]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313 and 50-368; NRC-2010-0111]
Entergy Operations, Inc., Arkansas Nuclear One, Units 1 And 2;
Exemption
1.0 Background
Entergy Operations, Inc. (the licensee), is the holder of Facility
Operating License Nos. DPR-51 and NPF-6, which authorize operation of
the Arkansas Nuclear One, Units 1 and 2 (ANO-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 pressurized-water reactors located in
Pope County, Arkansas.
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 (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 three of these new requirements 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 letter dated January 14, 2010, as supplemented by letter dated
January 28, 2010, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's letters dated
January 14 and 28, 2010, contain security-related information and,
accordingly, those portions are being withheld from public disclosure.
Redacted versions of the letters dated January 14 and 28, 2010, are
publicly available in the Agencywide Documents Access and Management
System (ADAMS) Accession No. ML100190140 and ML100710021, 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 compliance date from the current March 31, 2010, deadline to
October 31, 2010, for two requirements and August 31, 2011, for one
requirement. Granting 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 requirement.
3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee, licensed under 10 CFR Part 50, shall implement
the requirements of this section through its Commission-approved
Physical Security Plan, Training and Qualification Plan, Safeguards
Contingency Plan, and Cyber Security Plan referred to collectively
hereafter as `security plans.' '' Pursuant to 10 CFR 73.5, the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR Part
73 when the exemptions are authorized by law, and will not endanger
life or property or the common defense and security, and are otherwise
in the public interest.
NRC approval of this exemption would, as noted above, allow an
extension from March 31, 2010, to October 31 2010, for two specific
requirements, and to August 31, 2011 for one specific requirement. As
stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 73. The NRC staff has determined that
granting of the licensee's proposed exemption would not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
Commission's regulations. Therefore, the exemption is authorized by
law.
In the draft final 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 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.
ANO-1 and 2 Schedule Exemption Request
The licensee provided detailed information in attachments to its
application dated January 14, 2010, and supplemental letter dated
January 28, 2010, requesting an exemption. It describes a comprehensive
plan to upgrade the security capabilities of its ANO site and provides
a timeline for achieving full compliance with the new regulation.
Attachments to the letters 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 timeline with critical path activities that would
enable the licensee to achieve full compliance by August 31, 2011. The
timeline provides dates indicating when critical equipment will be
ordered, receipt of the equipment, installation, tested, 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-
[[Page 15752]]
approved physical security program. By October 31, 2010, ANO-1 and 2
will be in full compliance with all but one specified requirement. By
August 31, 2011, ANO-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 justified its request for an extension of the
compliance date with regard to two specified requirements of 10 CFR
73.55 until October 31, 2010, and one specified requirement until
August 31, 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 complete system is in place justifies extending the
full compliance date in the case of this particular licensee. The
security measures for which ANO-1 and 2 need 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 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 three items
specified in the attachments to the Entergy letters dated January 14
and 28, 2010, the licensee is required to be in full compliance with 10
CFR 73.55 by August 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 13607; 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. 2010-7031 Filed 3-29-10; 8:45 am]
BILLING CODE 7590-01-P