Florida Power Corporation, et al.; Crystal River Unit 3 Nuclear Generating Plant; Exemption, 16518-16520 [2010-7389]
Download as PDF
16518
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
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, ADAMS
Accession No. ML091410309). 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.
mstockstill on DSKH9S0YB1PROD with NOTICES
Millstone Schedule Exemption Request
The licensee provided detailed
information regarding the proposed
exemption in the attachments to its
letter dated January 12, 2010. The
attachments describe a comprehensive
plan to upgrade the Millstone security
system to meet the new requirements in
10 CFR Part 73. Due to the procurement
needs and installation activities
associated with the required security
system upgrades, the licensee has
requested an exemption from the March
31, 2010, implementation date specified
in the new rule for two specific
requirements. DNC proposes to
implement certain alarm station
requirements by September 30, 2010,
and certain uninterruptible power
supply requirements by August 31,
2010.
The attachments to the licensee’s
letter dated January 12, 2010, details the
specific portions of the regulations for
which the site cannot be in compliance
by the March 31, 2010, implementation
date, along with justifications for each
of the proposals. The attachments also
provide a milestone schedule with the
activities necessary to bring the licensee
into full compliance by September 30,
2010.
Notwithstanding the schedule
exemptions for these limited
requirements, the licensee would
continue to be in compliance with all
other applicable physical security
requirements as described in 10 CFR
73.55 and reflected in its current NRCapproved physical security program. By
September 30, 2010, Millstone would be
in full compliance with all the
VerDate Nov<24>2008
16:51 Mar 31, 2010
Jkt 220001
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 to
August 31, 2010, and September 30,
2010, with regard to the two specified
requirements of 10 CFR 73.55.
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 security upgrades are
completed justifies extending the March
31, 2010, full compliance date for the
two items in the licensee’s exemption
request. The security measures that DNC
needs additional time to implement at
Millstone 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 two items specified in
the attachments to DNC’s letter dated
January 12, 2010, the licensee is
required to be in full compliance with
10 CFR 73.55 by September 30, 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 14634;
dated March 26, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 26th day
of March 2010.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–7386 Filed 3–31–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302, NRC–2010–0105]
Florida Power Corporation, et al.;
Crystal River Unit 3 Nuclear
Generating Plant; Exemption
1.0
Background
Florida Power Corporation (FPC, the
licensee) is the holder of Facility
Operating License No. DPR–72 that
authorizes operation of the Crystal River
Unit 3 Nuclear Generating Plant (CR–3).
The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC,
the Commission) now or hereafter in
effect.
The facility consists of one
pressurized water reactor located in
Citrus County, Florida.
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 as a
final rule in the Federal Register on
March 27, 2009 (74 FR 13926–13993),
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 four
of these new requirements that CR–3
now seeks an exemption from the March
31, 2010, implementation date. All other
physical security requirements
established by this recent rulemaking
have already been or will be
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
implemented by the licensee by March
31, 2010.
By letter dated November 30, 2009
(Agencywide Documents Access and
Management System Accession No.
ML093370143), and as supplemented by
letter dated January 15, 2010, the
licensee requested an exemption in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ Attachment 1 of the
licensee’s November 30, 2009, letter and
its letter dated January 15, 2010, contain
security-related 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 four
specific requirements stated in 10 CFR
73.55 from the current March 31, 2010,
deadline to November 15 and December
15, 2010. Being granted this exemption
for the four items would allow the
licensee to implement specific parts of
the revised requirements that involve
significant physical upgrades to the CR–
3 security system. A major security
project that is planned is the expansion
of the site protected area. Other plant
modifications that are significant in
scope involve the construction of new
facilities, extensive design and
procurement efforts, and work with high
voltage cabling and the personnel safety
risk associated with such work.
3.0 Discussion of Part 73 Schedule
Exemption From the March 31, 2010,
Full Implementation Date
As stated in 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.’’’ In
accordance with 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 1, 2010, until
November 15 and December 15, 2010,
for compliance with the new rule in
four specified areas. As stated above, 10
CFR 73.5 allows the NRC to grant
VerDate Nov<24>2008
16:51 Mar 31, 2010
Jkt 220001
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 rule provided to the
Commission, the NRC staff proposed
that the requirements of the new
regulation be met within 180 days. The
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to reach full
compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct sitespecific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a request to generically extend
the rule’s compliance date for all
operating nuclear power plants, but
noted that the Commission’s regulations
provide mechanisms for individual
licensees, with good cause, to apply for
relief from the compliance date
(Reference: June 4, 2009, letter from R.
W. Borchardt, NRC, to M. S. Fertel,
Nuclear Energy Institute). The licensee’s
request for an exemption is therefore
consistent with the approach set forth
by the Commission and discussed in the
June 4, 2009, letter.
Crystal River Schedule Exemption
Request
The licensee provided detailed
information in Attachment 1 of the FPC
letter dated November 30, 2009,
requesting an exemption. It describes
the specific security systems at CR–3
that require modification to comply
with the requirements, which includes
relocation and upgrades to the security
intrusion detection system, construction
of a building addition, and the addition
of uninterruptable power supplies.
These plant modifications are
significant in scope involving the
construction of new facilities, extensive
design and procurement efforts, and
work with high voltage cabling. These
modifications warrant a thorough
review of the safety-security interface
and have to be coordinated with the
CR–3 refueling outage in fall 2009. All
of these efforts require careful design,
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
16519
planning, procurement, and
implementation efforts. Attachment 1 of
the November 30, 2009, letter contains
security-related information regarding
the site security plan, details of specific
portions of the regulation of which the
site cannot be in compliance by the
March 31, 2010, deadline, changes to
the site’s security configuration to meet
the new requirements, and a timeline
with critical path activities for the
licensee to achieve full compliance by
December 15, 2010. The timeline
provides dates indicating when (1)
Design activities are completed and
approved, (2) expansion of the protected
area begins and is completed, and (3)
the new and relocated equipment is to
be installed and tested.
The site-specific information
provided within the CR–3 exemption
request is relative to the requirements
from which the licensee requested
exemption and demonstrates the need
for modification to meet the four
specific requirements of 10 CFR 73.55.
The proposed implementation schedule
depicts the critical activity milestones of
the security system upgrades; is
consistent with the licensee’s solution
for meeting the requirements; is
consistent with the scope of the
modifications and the issues and
challenges identified; and is consistent
with the licensee’s requested
compliance date.
Notwithstanding the proposed
schedule exemption 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
December 15, 2010, CR–3 will be in full
compliance with all of 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 with
regard to four specified requirements of
10 CFR 73.55 until November 15 and
December 15, 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.
E:\FR\FM\01APN1.SGM
01APN1
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
Agencies
[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16518-16520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7389]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302, NRC-2010-0105]
Florida Power Corporation, et al.; Crystal River Unit 3 Nuclear
Generating Plant; Exemption
1.0 Background
Florida Power Corporation (FPC, the licensee) is the holder of
Facility Operating License No. DPR-72 that authorizes operation of the
Crystal River Unit 3 Nuclear Generating Plant (CR-3). The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of one pressurized water reactor located in
Citrus County, Florida.
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 as a
final rule in the Federal Register on March 27, 2009 (74 FR 13926-
13993), 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 four of these new
requirements that CR-3 now seeks an exemption from the March 31, 2010,
implementation date. All other physical security requirements
established by this recent rulemaking have already been or will be
[[Page 16519]]
implemented by the licensee by March 31, 2010.
By letter dated November 30, 2009 (Agencywide Documents Access and
Management System Accession No. ML093370143), and as supplemented by
letter dated January 15, 2010, the licensee requested an exemption in
accordance with 10 CFR 73.5, ``Specific exemptions.'' Attachment 1 of
the licensee's November 30, 2009, letter and its letter dated January
15, 2010, contain security-related 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 four specific requirements
stated in 10 CFR 73.55 from the current March 31, 2010, deadline to
November 15 and December 15, 2010. Being granted this exemption for the
four items would allow the licensee to implement specific parts of the
revised requirements that involve significant physical upgrades to the
CR-3 security system. A major security project that is planned is the
expansion of the site protected area. Other plant modifications that
are significant in scope involve the construction of new facilities,
extensive design and procurement efforts, and work with high voltage
cabling and the personnel safety risk associated with such work.
3.0 Discussion of Part 73 Schedule Exemption From the March 31, 2010,
Full Implementation Date
As stated in 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.''' In accordance with 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 1, 2010, until November 15 and December 15, 2010,
for compliance with the new rule in four specified areas. 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 rule provided to the Commission, the NRC staff
proposed that the requirements of the new regulation be met within 180
days. The Commission directed a change from 180 days to approximately 1
year for licensees to fully implement the new requirements. This change
was incorporated into the final rule. From this, it is clear that the
Commission wanted to provide a reasonable timeframe for licensees to
reach full compliance.
As noted in the final rule, the Commission also anticipated that
licensees would have to conduct site-specific analyses to determine
what changes were necessary to implement the rule's requirements, and
that changes could be accomplished through a variety of licensing
mechanisms, including exemptions. Since issuance of the final rule, the
Commission has rejected a request to generically extend the rule's
compliance date for all operating nuclear power plants, but noted that
the Commission's regulations provide mechanisms for individual
licensees, with good cause, to apply for relief from the compliance
date (Reference: June 4, 2009, letter from R. W. Borchardt, NRC, to M.
S. Fertel, Nuclear Energy Institute). The licensee's request for an
exemption is therefore consistent with the approach set forth by the
Commission and discussed in the June 4, 2009, letter.
Crystal River Schedule Exemption Request
The licensee provided detailed information in Attachment 1 of the
FPC letter dated November 30, 2009, requesting an exemption. It
describes the specific security systems at CR-3 that require
modification to comply with the requirements, which includes relocation
and upgrades to the security intrusion detection system, construction
of a building addition, and the addition of uninterruptable power
supplies. These plant modifications are significant in scope involving
the construction of new facilities, extensive design and procurement
efforts, and work with high voltage cabling. These modifications
warrant a thorough review of the safety-security interface and have to
be coordinated with the CR-3 refueling outage in fall 2009. All of
these efforts require careful design, planning, procurement, and
implementation efforts. Attachment 1 of the November 30, 2009, letter
contains security-related information regarding the site security plan,
details of specific portions of the regulation of which the site cannot
be in compliance by the March 31, 2010, deadline, changes to the site's
security configuration to meet the new requirements, and a timeline
with critical path activities for the licensee to achieve full
compliance by December 15, 2010. The timeline provides dates indicating
when (1) Design activities are completed and approved, (2) expansion of
the protected area begins and is completed, and (3) the new and
relocated equipment is to be installed and tested.
The site-specific information provided within the CR-3 exemption
request is relative to the requirements from which the licensee
requested exemption and demonstrates the need for modification to meet
the four specific requirements of 10 CFR 73.55. The proposed
implementation schedule depicts the critical activity milestones of the
security system upgrades; is consistent with the licensee's solution
for meeting the requirements; is consistent with the scope of the
modifications and the issues and challenges identified; and is
consistent with the licensee's requested compliance date.
Notwithstanding the proposed schedule exemption 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 December 15, 2010, CR-3 will be in full compliance with all
of 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 with regard to four specified
requirements of 10 CFR 73.55 until November 15 and December 15, 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.
[[Page 16520]]
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