James A. Fitzpatrick Nuclear Power Plant; Exemption, 16520-16521 [2010-7387]
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16520
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
The long-term benefits that will be
realized when the security systems
upgrade is complete justify extending
the March 31, 2010, full compliance
date with regard to the specific
requirements of 10 CFR 73.55 for this
particular licensee. The security
measures that CR–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
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 to the March 31, 2010,
deadline for the four items specified in
Attachment 1 of the FPC letter dated
November 30, 2009, and January 15,
2010, letter, the licensee is required to
be in partial compliance and in full
compliance with 10 CFR 73.55 by
November 15, and December 15, 2010,
respectively. 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.
In accordance with 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 13320, dated March 19, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 25 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. 2010–7389 Filed 3–31–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
mstockstill on DSKH9S0YB1PROD with NOTICES
[Docket No. 50–333; NRC–2010–0136]
James A. Fitzpatrick Nuclear Power
Plant; Exemption
1.0 Background
Entergy Nuclear Operations, Inc. (the
licensee) is the holder of Facility
Operating License No. DPR–59, which
authorizes operation of the James A.
VerDate Nov<24>2008
16:51 Mar 31, 2010
Jkt 220001
FitzPatrick Nuclear Power Plant
(JAFNPP). The license provides, among
other things, that the facility is subject
to all 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 Oswego County in
New York State.
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 four of these new
requirements that JAFNPP 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 21, 2010, as
supplemented by letters dated February
25 and March 2, 2010, the licensee
requested an exemption in accordance
with 10 CFR 73.5, ‘‘Specific
exemptions.’’ The licensee’s letter dated
January 21, 2010, and February 25,
2010, contain sensitive security
information and, accordingly, are
withheld from public disclosure in
accordance with 10 CFR 2.390. The
licensee has requested an exemption
from the March 31, 2010, compliance
date stating that due to the scope of the
design, procurement, and installation
activities and in consideration of
impediments to construction such as
winter weather conditions and
equipment delivery schedules,
completion of some of the new
requirements contained in 10 CFR 73.55
will require additional time beyond
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
March 31, 2010, before all requirements
can be met. Specifically, the request to
extend the compliance date is for four
specific requirements from the current
March 31, 2010, deadline to December
31, 2010. Being granted this exemption
for the four items would allow the
licensee to be in full compliance with
the 10 CFR Part 73 Final Rule.
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.
The NRC approval of this exemption,
as noted above, would allow an
extension for the implementation date
from March 31, 2010, until December
31, 2010, with the new rule for four
specified requirements. 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 NRC approval of the licensee’s
exemption request 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
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
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.
JAFNPP Schedule Exemption Request
The licensee provided detailed
information in letter dated January 21,
2010, requesting an exemption, as
supplemented by letters dated February
25 and March 2, 2010. In its
submissions, JAFNPP described a
comprehensive plan including the scope
of work such as the design,
procurement, and installation activities,
consideration of impediments to
construction such as winter weather
conditions and equipment delivery
schedules, and provides a timeline for
achieving full compliance with the new
regulation. The licensee’s submissions
contain (1) sensitive security
information regarding the site security
plan, (2) details of specific portions of
the regulation for which the site cannot
be in compliance by the March 31, 2010,
deadline and the reasons for the same,
(3) the required changes to the site’s
security configuration, and (4) a
timeline with critical path activities that
will bring the licensee into full
compliance by December 31, 2010. The
timeline provides dates indicating when
(1) construction will begin on various
phases of the project (i.e., new roads,
buildings, and fences), (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 stated 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 NRCapproved physical security program. By
December 31, 2010, JAFNPP 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 NRC staff reviewed the licensee’s
submittals and concludes that the
VerDate Nov<24>2008
16:51 Mar 31, 2010
Jkt 220001
licensee has provided adequate
justification for its request for an
extension of the compliance date to
December 31, 2010, with regard to four
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 design, procurement, and
installation activities described in the
licensee’s submissions, are complete,
justifies extending the full compliance
date in the case of this particular
licensee. The security measures for
which JAFNPP 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
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 four items specified in
the licensee’s letter dated January 21,
2010, as supplemented by letters dated
February 25 and March 2, 2010, the
licensee is required to be in full
compliance by December 31, 2010. In
achieving full 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 14637;
dated March 26, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 26th 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. 2010–7387 Filed 3–31–10; 8:45 am]
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16521
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–280 and 50–281; NRC–
2010–0079]
Virginia Electric and Power Company
Surry Power Station, Unit Nos. 1 and
2; Exemption
1.0
Background
The Virginia Electric and Power
Company, (the licensee) is the holder of
Facility Operating License Nos. DPR–32
and DPR–37, which authorize operation
of the Surry Power Station, Unit Nos. 1
and 2 (Surry). 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
Surry, Virginia.
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
certain new requirements that Surry
now seeks an exemption from the March
31, 2010, implementation date. All other
physical scrutiny requirements
established by this recent rulemaking
have already or will be implemented by
the licensee by March 31, 2010.
By letter dated December 7, 2009, the
licensee requested an exemption in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ Certain portions of the
licensee’s December 7, 2009, letter
contain safeguards information and,
accordingly, are not available to the
public. The licensee has requested an
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16520-16521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7387]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333; NRC-2010-0136]
James A. Fitzpatrick Nuclear Power Plant; Exemption
1.0 Background
Entergy Nuclear Operations, Inc. (the licensee) is the holder of
Facility Operating License No. DPR-59, which authorizes operation of
the James A. FitzPatrick Nuclear Power Plant (JAFNPP). The license
provides, among other things, that the facility is subject to all
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 Oswego
County in New York State.
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 four of these new
requirements that JAFNPP 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 21, 2010, as supplemented by letters dated
February 25 and March 2, 2010, the licensee requested an exemption in
accordance with 10 CFR 73.5, ``Specific exemptions.'' The licensee's
letter dated January 21, 2010, and February 25, 2010, contain sensitive
security information and, accordingly, are withheld from public
disclosure in accordance with 10 CFR 2.390. The licensee has requested
an exemption from the March 31, 2010, compliance date stating that due
to the scope of the design, procurement, and installation activities
and in consideration of impediments to construction such as winter
weather conditions and equipment delivery schedules, completion of some
of the new requirements contained in 10 CFR 73.55 will require
additional time beyond March 31, 2010, before all requirements can be
met. Specifically, the request to extend the compliance date is for
four specific requirements from the current March 31, 2010, deadline to
December 31, 2010. Being granted this exemption for the four items
would allow the licensee to be in full compliance with the 10 CFR Part
73 Final Rule.
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.
The NRC approval of this exemption, as noted above, would allow an
extension for the implementation date from March 31, 2010, until
December 31, 2010, with the new rule for four specified requirements.
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 NRC approval of the licensee's
exemption request 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
[[Page 16521]]
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.
JAFNPP Schedule Exemption Request
The licensee provided detailed information in letter dated January
21, 2010, requesting an exemption, as supplemented by letters dated
February 25 and March 2, 2010. In its submissions, JAFNPP described a
comprehensive plan including the scope of work such as the design,
procurement, and installation activities, consideration of impediments
to construction such as winter weather conditions and equipment
delivery schedules, and provides a timeline for achieving full
compliance with the new regulation. The licensee's submissions contain
(1) sensitive security information regarding the site security plan,
(2) details of specific portions of the regulation for which the site
cannot be in compliance by the March 31, 2010, deadline and the reasons
for the same, (3) the required changes to the site's security
configuration, and (4) a timeline with critical path activities that
will bring the licensee into full compliance by December 31, 2010. The
timeline provides dates indicating when (1) construction will begin on
various phases of the project (i.e., new roads, buildings, and fences),
(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 stated 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 December 31, 2010, JAFNPP 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 NRC staff 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 December 31, 2010, with regard to
four 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 design, procurement, and installation activities
described in the licensee's submissions, are complete, justifies
extending the full compliance date in the case of this particular
licensee. The security measures for which JAFNPP 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 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 four items
specified in the licensee's letter dated January 21, 2010, as
supplemented by letters dated February 25 and March 2, 2010, the
licensee is required to be in full compliance by December 31, 2010. In
achieving full 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 14637; dated March 26, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th 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. 2010-7387 Filed 3-31-10; 8:45 am]
BILLING CODE 7590-01-P
