Florida Power Corporation, et al.; Crystal River Unit 3 Nuclear Generating Plant; Exemption, 70953-70955 [2010-29212]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices published on October 15, 2010. In response to requests received in writing, the comment period on the Draft EA and Draft FONSI is being extended to December 31, 2010. DATES: The comment period for the notice published October 15, 2010 (75 FR 63519), is extended to December 31, 2010. The NRC will consider comments received or postmarked after that date to the extent practical. Written comments should be submitted as described in the ADDRESSES section of this notice. ADDRESSES: Members of the public may submit comments by any one of the following methods. Please include Docket ID NRC–2009–0435 in the subject line of your comments. Electronic Mail: Comments may be sent by electronic mail to the following address: NuclearFuel_DraftEA@nrc.gov. Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2009–0435. Comments may be submitted electronically through this Web site. Address questions about NRC dockets to Carol Gallagher, 301–492– 3668, e-mail Carol.Gallagher@nrc.gov. Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Division of Administrative Services, Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, or by fax to RADB at 301–492– 3446. Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site http:// www.regulations.gov. Unless your comments contain sensitive information typically not released to the public by NRC policy, the NRC will make all comments publicly available. Because your comments will not be edited to remove any identifying information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. Availability: Publicly available documents related to this notice can be accessed using any of the methods described in this section. NRC’s Public Document Room (PDR): The public may examine and have VerDate Mar<15>2010 17:02 Nov 18, 2010 Jkt 223001 copied, for a fee, publicly available documents related to the NFS facility and license renewal at the NRC’s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. Members of the public can contact the NRC’s PDR reference staff by calling 1–800–397–4209, by faxing a request to 301–415–3548, or by e-mail to pdr.resource@nrc.gov. NRC’s Agencywide Documents Access and Management System (ADAMS): Members of the public can access the NRC’s ADAMS at http://www.nrc.gov/ reading-rm/adams.html. From this Web site, the Draft FONSI (ADAMS Accession Number: ML102790260) and supporting Draft EA (ADAMS Accession Number: ML102650505) can be obtained by entering the accession numbers provided. Federal Rulemaking Web site: Public comments and supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC–2009–0435. Additionally, copies of the Draft FONSI and supporting Draft EA are available at the following public libraries: Unicoi County Public Library, 201 Nolichucky Avenue, Erwin, Tennessee 37650–1239. 423–743– 6533. Jonesborough Branch, Washington County Library, 200 Sabin Drive, Jonesborough, Tennessee 37659–1306. 423–753–1800. Greeneville/Green County Public Library, 210 North Main Street, Greeneville, Tennessee 37745–3816. 423–638–5034. FOR FURTHER INFORMATION CONTACT: For information about the Draft FONSI, the Draft EA, or the environmental review process, please contact James Park at 301–415–6935 or James.Park@nrc.gov. For general or technical information associated with the review of the NFS license renewal application, please contact Kevin Ramsey at 301–492–3123 or Kevin.Ramsey@nrc.gov. SUPPLEMENTARY INFORMATION: The Draft FONSI and supporting Draft EA are a preliminary analysis of the environmental impacts of the proposal by NFS to renew its NRC license and reasonable alternatives to that proposal. Based on comments received on the Draft FONSI and Draft EA, the staff may publish a Final FONSI and Final EA, or instead may find that preparation of an Environmental Impact Statement (EIS) is warranted should significant impacts resulting from the proposed action be identified. Should an EIS be warranted, a Notice of Intent to prepare the EIS will be published in the Federal Register. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 70953 Pursuant to 10 CFR 51.33(a), the NRC staff is making the Draft FONSI and Draft EA available for public review and comment. The public comment period is extended with publication of this Notice and continues until December 31, 2010. Dated at Rockville, Maryland, this 16th day of November 2010. For the Nuclear Regulatory Commission. Kevin Hsueh, Acting Deputy Director, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2010–29364 Filed 11–18–10; 8:45 am] BILLING CODE 7509–01–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, which 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, 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 (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. E:\FR\FM\19NON1.SGM 19NON1 70954 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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. By letter dated March 25, 2010 (ADAMS Accession No. ML100630530), the NRC granted an exemption to the licensee for four specific items subject to the revised rule in 10 CFR 73.55, allowing the implementation of two items to be extended until November 15, 2010, and the implementation of two other items until December 15, 2010. All other physical security requirements established by this rulemaking have been implemented by the licensee. By letter dated September 8, 2010, the licensee requested an exemption in accordance with 10 CFR 73.5, ‘‘Specific exemptions.’’ Portions of the licensee’s September 8, 2010, letter contain security-related information and, accordingly, a redacted version of this letter is available for public review in the Agencywide Documents Access and Management System Accession (ADAMS) No. ML102530129. The licensee requested this exemption to allow an additional extension from the current implementation dates granted in the prior exemption for the four specific remaining requirements that involve significant physical upgrades to the CR–3 security systems. The licensee requested the previous exemption based on the conceptual design information available at that time. The licensee has further developed its design changes and has completed its discovery phase. Due to the unforeseen need for design changes and the associated analysis necessary to achieve full compliance with the Final Rule, additional time is needed to complete the complex revised design and construction. Specifically, the licensee’s request is to extend the implementation dates from November 15 and December 15, 2010, to December 15, 2011, and March 15, 2012, respectively. Granting this exemption extending the implementation dates for the four remaining items would allow the licensee to perform necessary design changes and to complete significant physical modifications to the CR–3 security system including constructing a new two-story building to meet the Final Rule requirements. 3.0 Discussion of Part 73 Schedule Exemption From the March 31, 2010, Full Implementation Date Pursuant 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 VerDate Mar<15>2010 17:02 Nov 18, 2010 Jkt 223001 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 allow an additional extension from the implementation dates approved under a previous exemption from November 15 and December 15, 2010, to December 15, 2011, and March 15, 2012, respectively, for four specific remaining requirements of the final 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 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 (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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 Crystal River Schedule Exemption Request The licensee provided detailed information in its letter dated September 8, 2010, describing the reason and justification for an exemption to extend the implementation dates for the four remaining requirements. Additionally, the licensee has provided information regarding the expanded scope for projects at CR–3 and the impacts on the licensee’s ability to meet the current implementation dates of November 15, and December 15, 2010. The licensee changed the scope significantly to ensure that its new plans will meet regulatory requirements. Because of the change, the licensee could not meet the implementation dates granted by the previous exemption. The licensee is now constructing a new two-story building to meet these requirements and this excavation and construction expands the project to well beyond the implementation dates in the previously granted exemption, thus prompting this exemption request. Portions of the September 8, 2010, letter contain security-related information regarding the site security plan, details of specific portions of the regulation from which the licensee seeks exemption, justification for the additional extension request, a description of the required changes to the site’s security configuration, and a revised timeline with critical path activities that would enable the licensee to achieve full compliance by March 15, 2012. The timeline provides dates indicating when (1) Design activities will be completed and approved, (2) construction of a new two-story building will be completed, and (3) the new and relocated equipment will 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 remaining 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 four remaining requirements, the licensee will continue to be in compliance with all other applicable physical security E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices requirements as described in 10 CFR 73.55 and reflected in its current NRCapproved physical security program. By March 15, 2012, CR–3 physical security system will be in full compliance with all of the regulatory requirements of 10 CFR 73.55, as published on March 27, 2009. srobinson on DSKHWCL6B1PROD with NOTICES 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 previously authorized implementation dates from November 15 and December 15, 2010, with regard to four specified requirements of 10 CFR 73.55, to December 15, 2011, and March 15, 2012, respectively. This conclusion is based on the NRC staff’s determination that the licensee has made a good faith effort to meet the requirements in a timely manner, has sufficiently described the reason for the unanticipated delays, and has provided an updated detailed schedule with adequate justification to the additional time requested for the extension. The long-term benefits that will be realized when the security systems upgrade is complete justify extending the 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 amendments to 10 CFR 73.55, as published on March 27, 2009, and are in addition to those required by the security orders issued in response to the events of September 11, 2001. Accordingly, an exemption from the March 31, 2010, implementation date is authorized by law and will not endanger life or property or the common defense and security, and the Commission hereby grants the requested exemption. As per the licensee’s request and the NRC’s regulatory authority to grant an exemption to the March 31, 2010, implementation date for the four items specified in Attachment 1 of the FPC letter dated September 8, 2010, the licensee is required to implement two items by December 15, 2011, and to implement the remaining two items by March 15, 2012. The licensee is required to be in full compliance with 10 CFR 73.55 by March 15, 2012. 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. VerDate Mar<15>2010 17:02 Nov 18, 2010 Jkt 223001 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 69710 dated November 15, 2010). This exemption is effective upon issuance. Dated at Rockville, Maryland, this 15th day of November 2010. For the Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–29212 Filed 11–18–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on the Medical Uses of Isotopes: Meeting Notice U.S. Nuclear Regulatory Commission. ACTION: Notice of meeting. AGENCY: The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on December 13, 2010, to discuss: (1) Patient release following iodine-131 therapy; (2) rulemaking and implementation guidance for physical protection of byproduct material; and (3) the impacts of the draft safety culture policy statement for medical licensees. A copy of the agenda for the meeting will be available at http://www.nrc.gov/readingrm/doc-collections/acmui/agenda or by contacting Ms. Ashley Cockerham using the information below. DATES: The teleconference meeting will be held on Monday, December 13, 2010, from 1 p.m. to 4 p.m. Eastern Standard Time. Public Participation: Any member of the public who wishes to participate in the teleconference discussion should contact Ms. Cockerham using the contact information below. Contact Information: Ashley M. Cockerham, e-mail: ashley.cockerham@nrc.gov, telephone: (240) 888–7129. SUMMARY: Conduct of the Meeting Leon S. Malmud, M.D., will chair the meeting. Dr. Malmud will conduct the meeting in a manner that will facilitate the orderly conduct of business. The following procedures apply to public participation in the meeting: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 70955 1. Persons who wish to provide a written statement should submit an electronic copy to Ms. Cockerham at the contact information listed above. All submittals must be received by December 8, 2010, and must pertain to the topic on the agenda for the meeting. 2. Questions and comments from members of the public will be permitted during the meeting, at the discretion of the Chairman. 3. The transcript will be available on the ACMUI’s Web site (http:// www.nrc.gov/reading-rm/doccollections/acmui/tr/) on or about January 13, 2011. A meeting summary will be available on or about January 27, 2011. This meeting will be held in accordance with the Atomic Energy Act of 1954, as amended (primarily Section 161a); the Federal Advisory Committee Act (5 U.S.C. App); and the Commission’s regulations in Title 10, U.S. Code of Federal Regulations, Part 7. Dated: November 15, 2010. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. 2010–29211 Filed 11–18–10; 8:45 am] BILLING CODE 7590–01–P PENSION BENEFIT GUARANTY CORPORATION Proposed Submission of Information Collection for OMB Review; Comment Request; Liability for Termination of Single-Employer Plans Pension Benefit Guaranty Corporation. ACTION: Notice of intention to request extension of OMB approval. AGENCY: The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of a collection of information contained in its regulation on Liability for Termination of Single-Employer Plans, 29 CFR Part 4062 (OMB control number 1212–0017; expires March 31, 2011). This notice informs the public of PBGC’s intent and solicits public comment on the collection of information. DATES: Comments should be submitted by January 18, 2011. ADDRESSES: Comments may be submitted by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the Web site instructions for submitting comments. SUMMARY: E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70953-70955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29212]


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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, which 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, 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 (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.

[[Page 70954]]

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.
    By letter dated March 25, 2010 (ADAMS Accession No. ML100630530), 
the NRC granted an exemption to the licensee for four specific items 
subject to the revised rule in 10 CFR 73.55, allowing the 
implementation of two items to be extended until November 15, 2010, and 
the implementation of two other items until December 15, 2010. All 
other physical security requirements established by this rulemaking 
have been implemented by the licensee.
    By letter dated September 8, 2010, the licensee requested an 
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.'' 
Portions of the licensee's September 8, 2010, letter contain security-
related information and, accordingly, a redacted version of this letter 
is available for public review in the Agencywide Documents Access and 
Management System Accession (ADAMS) No. ML102530129. The licensee 
requested this exemption to allow an additional extension from the 
current implementation dates granted in the prior exemption for the 
four specific remaining requirements that involve significant physical 
upgrades to the CR-3 security systems. The licensee requested the 
previous exemption based on the conceptual design information available 
at that time. The licensee has further developed its design changes and 
has completed its discovery phase. Due to the unforeseen need for 
design changes and the associated analysis necessary to achieve full 
compliance with the Final Rule, additional time is needed to complete 
the complex revised design and construction. Specifically, the 
licensee's request is to extend the implementation dates from November 
15 and December 15, 2010, to December 15, 2011, and March 15, 2012, 
respectively. Granting this exemption extending the implementation 
dates for the four remaining items would allow the licensee to perform 
necessary design changes and to complete significant physical 
modifications to the CR-3 security system including constructing a new 
two-story building to meet the Final Rule requirements.

3.0 Discussion of Part 73 Schedule Exemption From the March 31, 2010, 
Full Implementation Date

    Pursuant 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 allow an additional extension 
from the implementation dates approved under a previous exemption from 
November 15 and December 15, 2010, to December 15, 2011, and March 15, 
2012, respectively, for four specific remaining requirements of the 
final 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 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 (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.

Crystal River Schedule Exemption Request

    The licensee provided detailed information in its letter dated 
September 8, 2010, describing the reason and justification for an 
exemption to extend the implementation dates for the four remaining 
requirements. Additionally, the licensee has provided information 
regarding the expanded scope for projects at CR-3 and the impacts on 
the licensee's ability to meet the current implementation dates of 
November 15, and December 15, 2010. The licensee changed the scope 
significantly to ensure that its new plans will meet regulatory 
requirements. Because of the change, the licensee could not meet the 
implementation dates granted by the previous exemption. The licensee is 
now constructing a new two-story building to meet these requirements 
and this excavation and construction expands the project to well beyond 
the implementation dates in the previously granted exemption, thus 
prompting this exemption request. Portions of the September 8, 2010, 
letter contain security-related information regarding the site security 
plan, details of specific portions of the regulation from which the 
licensee seeks exemption, justification for the additional extension 
request, a description of the required changes to the site's security 
configuration, and a revised timeline with critical path activities 
that would enable the licensee to achieve full compliance by March 15, 
2012. The timeline provides dates indicating when (1) Design activities 
will be completed and approved, (2) construction of a new two-story 
building will be completed, and (3) the new and relocated equipment 
will 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 remaining 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 four 
remaining requirements, the licensee will continue to be in compliance 
with all other applicable physical security

[[Page 70955]]

requirements as described in 10 CFR 73.55 and reflected in its current 
NRC-approved physical security program. By March 15, 2012, CR-3 
physical security system will be in full compliance with all of the 
regulatory requirements of 10 CFR 73.55, as published 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 previously authorized implementation dates from 
November 15 and December 15, 2010, with regard to four specified 
requirements of 10 CFR 73.55, to December 15, 2011, and March 15, 2012, 
respectively. This conclusion is based on the NRC staff's determination 
that the licensee has made a good faith effort to meet the requirements 
in a timely manner, has sufficiently described the reason for the 
unanticipated delays, and has provided an updated detailed schedule 
with adequate justification to the additional time requested for the 
extension.
    The long-term benefits that will be realized when the security 
systems upgrade is complete justify extending the 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 amendments to 10 CFR 
73.55, as published on March 27, 2009, and are in addition to those 
required by the security orders issued in response to the events of 
September 11, 2001. Accordingly, an exemption from the March 31, 2010, 
implementation date is authorized by law and will not endanger life or 
property or the common defense and security, and the Commission hereby 
grants the requested exemption.
    As per the licensee's request and the NRC's regulatory authority to 
grant an exemption to the March 31, 2010, implementation date for the 
four items specified in Attachment 1 of the FPC letter dated September 
8, 2010, the licensee is required to implement two items by December 
15, 2011, and to implement the remaining two items by March 15, 2012. 
The licensee is required to be in full compliance with 10 CFR 73.55 by 
March 15, 2012. 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 69710 dated November 15, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 15th day of November 2010.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2010-29212 Filed 11-18-10; 8:45 am]
BILLING CODE 7590-01-P