FPL Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2; Exemption, 16201-16202 [2010-7189]
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Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–266 and 50–301; NRC–
2010–0123]
FPL Energy Point Beach, LLC; Point
Beach Nuclear Plant, Units 1 and 2;
Exemption
1.0
Background
FPL Energy Point Beach, LLC (FPLE,
the licensee) is the holder of Renewed
Facility Operating License Nos. DPR–24
and DPR–27, which authorize operation
of the Point Beach Nuclear Plant, Units
1 and 2 (PBNP). 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
Manitowoc County, Wisconsin.
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 plans. 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 PBNP
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 February 26, 2010,
which was superseded by letter dated
March 11, 2010, the licensee requested
an exemption in accordance with 10
CFR 73.5, ‘‘Specific exemptions.’’
Enclosures 1 to the February 26, and
March 11, 2010, letters contain security-
VerDate Nov<24>2008
19:40 Mar 30, 2010
Jkt 220001
related information and, accordingly,
are not available to the public. Redacted
versions of the licensee’s exemption
requests dated February 26, and March
11, 2010, are publicly available in the
Agencywide Documents Access and
Management System (ADAMS)
Accession Nos. ML100600565 and
ML100710739, respectively. The
licensee has requested an exemption
from the March 31, 2010, compliance
date stating that it must accommodate
unforeseen delays such as adverse
weather, material delivery delays, and
testing constraints that could result in
non-compliance with the March 31,
2010, compliance deadline. Specifically,
the request is for one requirement that
would be met by May 28, 2010, versus
the March 31, 2010, deadline. Granting
this exemption for the one item would
afford the licensee additional time to
perform necessary upgrades to meet or
exceed the 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 May 28,
2010, for the implementation date for
one 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 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 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
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
16201
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 generically 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 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.
PBNP Schedule Exemption Request
The licensee provided detailed
information in Enclosure 1 of its letter
dated March 11, 2010, requesting an
exemption. The licensee is requesting
additional time to perform necessary
upgrades to the PBNP security system
due to unforeseen delays such as
adverse weather, material delivery
delays, and testing constraints, and
provides a timeline for achieving full
compliance with the new regulation.
Enclosure 1 to the licensee’s letter
contains security-related information
regarding the site security plan, details
of the specific requirement of the
regulation for which the site cannot be
in compliance by the March 31, 2010,
deadline, justification for the exemption
request, the required changes to the
site’s security configuration, and a
timeline with critical path activities that
will bring the licensee into full
compliance by May 28, 2010. The
timeline provides dates indicating when
the critical equipment will be installed,
tested, and become operational.
Notwithstanding the schedular
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
May 28, 2010, PBNP will be in full
compliance with all the regulatory
E:\FR\FM\31MRN1.SGM
31MRN1
16202
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices
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 one specified requirement of
10 CFR 73.55 until May 28, 2010.
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 long-term benefits that will be
realized when the PBNP security
modifications are complete justifies
exceeding the full compliance date in
the case of this particular licensee. The
security measure for which PBNP needs
additional time to implement is a new
requirement imposed by March 27,
2009, amendments to 10 CFR 73.55, and
is 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 one item specified in
Enclosure 1 of PBNP letter dated March
11, 2010, the licensee is required to be
in full compliance with 10 CFR 73.55 by
May 28, 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 14206;
March 24, 2010].
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 24th day
of March 2010.
VerDate Nov<24>2008
19:40 Mar 30, 2010
Jkt 220001
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–7189 Filed 3–30–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[DC/COL–ISG–017; NRC–2009–0380]
Office of New Reactors; Interim Staff
Guidance on Ensuring HazardConsistent Seismic Input for Site
Response and Soil Structure
Interaction Analyses
AGENCY: Nuclear Regulatory
Commission (NRC).
ACTION: Notice of availability.
SUMMARY: The NRC staff is issuing its
Final Interim Staff Guidance (ISG) DC/
COL–ISG–017 titled ‘‘Ensuring HazardConsistent Seismic Input for Site
Response and Soil Structure Interaction
Analyses,’’ (Agencywide Documents
Access and Management System
(ADAMS) Accession No.
ML100570203). This ISG supplements
the guidance provided to the NRC staff
in Sections 2.5 and 3.7 of NUREG–0800,
‘‘Standard Review Plan (SRP) for the
Review of Safety Analysis Reports for
Nuclear Power Plants,’’ March 2007, and
DC/COL–ISG–01, ‘‘Interim Staff
Guidance on Seismic Issues Associated
with High Frequency Ground Motion in
Design Certification and Combined
License Applications,’’ issued May 19,
2008 (ADAMS Accession No.
ML081400293). The NRC staff issues
DC/COL–ISGs to facilitate timely
implementation of current staff
guidance and to facilitate activities
associated with review of applications
for design certifications and combined
licenses by the Office of New Reactors.
The NRC staff intends to incorporate the
final approved DC/COL–ISG–017 into
the next revision of SRP Sections 2.5
and 3.7 and Regulatory Guide 1.206,
‘‘Combined License Applications for
Nuclear Power Plants (LWR Edition),’’
June 2007.
Disposition: On August 31, 2009, the
NRC staff issued the proposed ISG, DC/
COL–ISG–017, ‘‘Ensuring HazardConsistent Seismic Input for Site
Response and Soil Structure Interaction
Analyses,’’ (ADAMS Accession No.
ML092230455) to solicit public and
industry comment. The NRC staff
received comments on the proposed
guidance. This final issuance
incorporates changes from the
comments. The NRC staff responses to
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
these comments can be found in
ADAMS Accession No. ML100570289.
ADDRESSES: The NRC maintains
ADAMS, which provides text and image
files of NRC’s public documents. These
documents may be accessed through the
NRC’s Public Electronic Reading Room
on the Internet at https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS, or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC Public Document Room
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Kimberly A. Hawkins, Chief, Structural
Engineering Branch 2, Division of
Engineering, Office of the New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–0564 or e-mail:
Kimberly.Hawkins@nrc.gov.
The
agency posts its issued staff guidance in
the agency external web page (https://
www.nrc.gov/reading-rm/doccollections/isg/).
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 24th day
of March 2010.
For the Nuclear Regulatory Commission.
William F. Burton,
Chief, Rulemaking and Guidance
Development Branch, Division of New Reactor
Licensing, Office of New Reactor.
[FR Doc. 2010–7202 Filed 3–30–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0644]
Notice of Issuance of Regulatory Guide
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide (RG)
1.126, Revision 2, ‘‘An Acceptable
Model and Related Statistical Methods
for the Analysis of Fuel Densification.’’
FOR FURTHER INFORMATION CONTACT: John
C. Voglewede, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 251–7555 or email John.Voglewede@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
E:\FR\FM\31MRN1.SGM
31MRN1
]]>Agencies
[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16201-16202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7189]
[[Page 16201]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-266 and 50-301; NRC-2010-0123]
FPL Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1
and 2; Exemption
1.0 Background
FPL Energy Point Beach, LLC (FPLE, the licensee) is the holder of
Renewed Facility Operating License Nos. DPR-24 and DPR-27, which
authorize operation of the Point Beach Nuclear Plant, Units 1 and 2
(PBNP). 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
Manitowoc County, Wisconsin.
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 plans. 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 PBNP 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 February 26, 2010, which was superseded by letter
dated March 11, 2010, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' Enclosures 1 to the February
26, and March 11, 2010, letters contain security-related information
and, accordingly, are not available to the public. Redacted versions of
the licensee's exemption requests dated February 26, and March 11,
2010, are publicly available in the Agencywide Documents Access and
Management System (ADAMS) Accession Nos. ML100600565 and ML100710739,
respectively. The licensee has requested an exemption from the March
31, 2010, compliance date stating that it must accommodate unforeseen
delays such as adverse weather, material delivery delays, and testing
constraints that could result in non-compliance with the March 31,
2010, compliance deadline. Specifically, the request is for one
requirement that would be met by May 28, 2010, versus the March 31,
2010, deadline. Granting this exemption for the one item would afford
the licensee additional time to perform necessary upgrades to meet or
exceed the 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 May 28, 2010, for the
implementation date for one 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 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 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 generically 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 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.
PBNP Schedule Exemption Request
The licensee provided detailed information in Enclosure 1 of its
letter dated March 11, 2010, requesting an exemption. The licensee is
requesting additional time to perform necessary upgrades to the PBNP
security system due to unforeseen delays such as adverse weather,
material delivery delays, and testing constraints, and provides a
timeline for achieving full compliance with the new regulation.
Enclosure 1 to the licensee's letter contains security-related
information regarding the site security plan, details of the specific
requirement of the regulation for which the site cannot be in
compliance by the March 31, 2010, deadline, justification for the
exemption request, the required changes to the site's security
configuration, and a timeline with critical path activities that will
bring the licensee into full compliance by May 28, 2010. The timeline
provides dates indicating when the critical equipment will be
installed, tested, and become operational.
Notwithstanding the schedular 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 May 28, 2010, PBNP will be in full compliance with all the
regulatory
[[Page 16202]]
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 May 28, 2010.
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 long-term benefits that will be realized when the PBNP security
modifications are complete justifies exceeding the full compliance date
in the case of this particular licensee. The security measure for which
PBNP needs additional time to implement is a new requirement imposed by
March 27, 2009, amendments to 10 CFR 73.55, and is 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 one item
specified in Enclosure 1 of PBNP letter dated March 11, 2010, the
licensee is required to be in full compliance with 10 CFR 73.55 by May
28, 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 14206; March 24, 2010].
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 24th 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. 2010-7189 Filed 3-30-10; 8:45 am]
BILLING CODE 7590-01-P
