Southern Nuclear Operating Company, Inc. Joseph M. Farley Nuclear Plant, Units 1 and 2; Exemption, 76052-76054 [2010-30650]
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Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
use of different fuel rod cladding
material. Therefore, the licensee
requested an exemption that would
allow the use of Optimized ZIRLOTM
fuel rod cladding at PINGP. The NRC
staff will prepare a separate safety
evaluation, fully addressing NSPM’s
application for a related license
amendment.
3.0 Discussion
Pursuant to 10 CFR 50.12, the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR part 50 when (1)
the exemptions are authorized by law,
will not present an undue risk to public
health or safety, and are consistent with
the common defense and security; and
(2) when special circumstances are
present. Under 10 CFR 50.12(a)(2),
special circumstances include, among
other things, when application of the
specific regulation in the particular
circumstance would not serve, or is not
necessary to achieve, the underlying
purpose of the rule.
emcdonald on DSK2BSOYB1PROD with NOTICES
Authorized by Law
This exemption would allow the use
of Optimized ZIRLOTM fuel rod
cladding material at PINGP. As stated
above, 10 CFR 50.12 allows the NRC to
grant exemptions from the requirements
of 10 CFR part 50. The NRC staff has
determined that granting of the
licensee’s proposed exemption will 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.
No Undue Risk to Public Health and
Safety
The underlying purpose of 10 CFR
50.46 is to establish acceptance criteria
for ECCS performance. Westinghouse
topical reports WCAP–12610–P–A and
CENPD–404–P–A, Addendum 1–A,
‘‘Optimized ZIRLOTM,’’ dated July 2006,
contain the justification to use
Optimized ZIRLOTM fuel rod cladding
material in addition to Zircaloy-4 and
ZIRLOTM (these topical reports are nonpublicly available because they contain
proprietary information). The NRC staff
approved the use of these topical
reports, subject to the conditions stated
in the staff’s safety evaluations for each.
In these topical reports, Westinghouse
evaluated the structural and material
properties of Optimized ZIRLOTM and
determined that the use of Optimized
ZIRLOTM as cladding would have either
no significant impact or would produce
a reduction in corrosion or oxidation
and a corresponding reduction in
hydrogen pickup. Westinghouse also
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18:39 Dec 06, 2010
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evaluated the impact of Optimized
ZIRLOTM fuel cladding on the loss-ofcoolant accident (LOCA) and non-LOCA
accident analyses. The evaluations
determined that the LOCA analyses for
fuel with Optimized ZIRLOTM cladding
complied with 10 CFR 50.46, and that
there was a negligible difference in the
non-LOCA analyses between fuel clad
with standard ZIRLOTM and fuel clad
with Optimized ZIRLOTM.
The underlying purpose of 10 CFR
Part 50, Appendix K, Section I.A.5,
‘‘Metal-Water Reaction Rate,’’ is to
ensure that cladding oxidation and
hydrogen generation are appropriately
limited during a LOCA and
conservatively accounted for in the
ECCS evaluation model. Appendix K of
10 CFR part 50 requires that the BakerJust equation be used in the ECCS
evaluation model to determine the rate
of energy release, cladding oxidation,
and hydrogen generation. Westinghouse
has shown in WCAP–12610–P–A that
the Baker-Just model is conservative in
all post-LOCA scenarios with respect to
the use of the Optimized ZIRLOTM
advanced alloy as a fuel cladding
material.
The NRC-approved topical reports
have demonstrated that predicted
chemical, thermal, and mechanical
characteristics of the Optimized
ZIRLOTM alloy cladding are bounding
for those approved for ZIRLOTM under
anticipated operational occurrences and
postulated accidents. Reload cores are
required to be operated in accordance
with the operating limits specified in
the technical specifications and the core
operating limits report.
Based on the above, no new accident
precursors are created by using
Optimized ZIRLOTM; thus, the
probability of postulated accidents is
not increased. Also, based on the above,
the consequences of postulated
accidents are not increased. Therefore,
there is no undue risk to public health
and safety due to using Optimized
ZIRLOTM.
Consistent With Common Defense and
Security
The proposed exemption would allow
the use of Optimized ZIRLOTM fuel rod
cladding material at PINGP. This change
to the plant configuration has no
relation to security issues. Therefore,
the common defense and security is not
impacted by this exemption.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii), are present
whenever application of the regulation
in the particular circumstances is not
necessary to achieve the underlying
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Fmt 4703
Sfmt 4703
purpose of the rule. The underlying
purpose of 10 CFR 50.46 and Appendix
K to 10 CFR part 50 is to establish
acceptance criteria for ECCS
performance. The wording of the
regulations in 10 CFR 50.46 and
Appendix K is not directly applicable to
Optimized ZIRLOTM, even though the
evaluations above show that the intent
of the regulation is met. Therefore, since
the underlying purposes of 10 CFR
50.46 and Appendix K are achieved
through the use of Optimized ZIRLOTM
fuel rod cladding material, the special
circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an
exemption from 10 CFR 50.46 and
Appendix K exist.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants NSPM an
exemption from the requirements of 10
CFR 50.46 and Appendix K to 10 CFR
part 50, to allow the use of Optimized
ZIRLOTM fuel rod cladding material, for
the Prairie Island Nuclear Generating
Plant, Units 1 and 2.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment as published in the
Federal Register on October 14, 2010
(75 FR 63213).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 22nd
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. 2010–30653 Filed 12–6–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–348 and 50–364; NRC–
2009–0375]
Southern Nuclear Operating Company,
Inc. Joseph M. Farley Nuclear Plant,
Units 1 and 2; Exemption
1.0
Background
Southern Nuclear Operating
Company, Inc. (SNC, the licensee), is
the holder of Renewed Facility
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Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
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Operating License Nos. NPF–2 and
NPF–8, which authorizes operation of
the Joseph M. Farley Nuclear Plant,
Units 1 and 2 (FNP). 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
Houston County, Alabama.
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 includes additional requirements
to further enhance site security based
upon insights gained from
implementation of the post September
11, 2001, security orders. It is from three
of these new requirements that, by its
letters dated September 10 and October
5, 2010, SNC now seeks an exemption
from the March 31, 2010,
implementation date. All other physical
security requirements established by
this recent rulemaking have already
been implemented by the licensee by
March 31, 2010.
Previously, by letters dated June 9,
and July 31, 2009, SNC submitted a
request for an exemption from the
compliance date identified in 10 CFR
73.55 for the three requirements of 10
CFR 73.55 that are discussed above. The
NRC staff reviewed the request and by
letter dated August 27, 2009, granted an
exemption to the March 31, 2010,
compliance date for the specific
requirements identified within the SNC
exemption request until December 15,
2010, to afford additional time for the
necessary security system upgrades.
Subsequently, by letters dated
September 10 and October 5, 2010, the
licensee submitted an additional request
for an exemption to the compliance date
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76053
3.0 Discussion of Part 73 Schedule
Exemptions From the March 31, 2010,
Full Implementation Date
regulations. Therefore, the exemption is
authorized by law.
In the draft final rule provided to the
Commission (SECY–08–0099, dated July
9, 2008), the NRC staff proposed that the
requirements of the new regulation be
met within 180 days. The Commission
directed a change from 180 days to
approximately 1 year for licensees to
fully implement the new requirements.
This change was incorporated into the
final rule. From this, it is clear that the
Commission wanted to provide a
reasonable timeframe for licensees to
achieve full compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct site
specific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a 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 as discussed in the
June 4, 2009, letter.
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.
An NRC approval of this exemption
would; as noted above, allow an
extension from March 31, 2010, to July
15, 2011, for the implementation date
for three specific requirements of the
new rule. The NRC staff has determined
that granting of the licensee’s proposed
exemption will not result in a violation
of the Atomic Energy Act of 1954, as
amended, or the Commission’s
FNP Schedule Exemption Request
The licensee provided detailed
information in its letters dated
September 10 and October 5, 2010,
requesting an exemption. It describes a
comprehensive plan to install
equipment related to the requirements
in the new Part 73 rule and provides a
timeline for achieving full compliance
with the new regulation. The submittals
contain security-related information
regarding the site security plan, details
of the specific requirements of the
regulation for which the site cannot be
in compliance by the March 31, 2010,
deadline and why, the required changes
to the site’s security configuration, and
a timeline with critical path activities
that will bring the licensee into full
compliance by July 15, 2011. The
timeline provides dates indicating (1)
When various phases of the project
begin and end (i.e., design, field
construction), (2) outages scheduled for
each unit, and (3) when critical
equipment will be ordered, installed,
tested and become operational.
Notwithstanding the schedular
exemption for these limited
identified in 10 CFR 73.55, in
accordance with 10 CFR 73.5, ‘‘Specific
exemptions.’’ The new compliance date
requested for the specific requirements
identified within this exemption request
is July 15, 2011.
The licensee’s letters dated September
10, 2010 (NL–10–1676) and October 5,
2010 (NL–10–1908) contain securityrelated information and, accordingly,
are not available to the public. A
redacted version of the licensee’s
September 10, 2010, letter (NL–10–
1795) is available at ADAMS Accession
No. ML102560042. The licensee has
requested a further exemption from the
March 31, 2010, compliance date stating
that a number of issues, including
unforeseen growth in the amount of
design work required, design product
loss due to computer hardware failures,
and weather-related construction
delays, will present a significant
challenge to timely completion of the
project related to a specific requirement
in 10 CFR part 73. Specifically, the
request is to extend the compliance date
for three specific requirements from the
current March 31, 2010, deadline to July
15, 2011. Being granted this exemption
for these items will allow the licensee
to complete the modifications designed
to update equipment and incorporate
state-of-the-art technology to meet the
noted regulatory requirement.
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Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
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requirements, the licensee is required 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
July 15, 2011, SNC will be in full
compliance with all the regulatory
requirements of 10 CFR 73.55 for the
FNP, 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 to July
15, 2011, with regard to three specific
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 FNP equipment installation is
complete justifies extending the full
compliance date with regard to the
specific requirements of 10 CFR 73.55.
The security measures, that SNC needs
additional time to implement, are new
requirements imposed by the March 27,
2009, amendments to 10 CFR 73.55, and
is in addition to those required by the
security orders issued in response to the
events of September 11, 2001.
Therefore, it is concluded 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,
implementation deadline for the
requirement specified in the SNC letters
dated September 10 and October 5,
2010, the licensee is required to be in
full compliance by July 15, 2011. In
achieving compliance, the licensee is
reminded that it is responsible for
determining the appropriate licensing
mechanism (i.e., 10 CFR 50.54(p) or 10
CFR 50.90) for incorporation of all
necessary changes to its security plans.
Pursuant to 10 CFR 51.32, ‘‘Finding of
no significant impact,’’ the Commission
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (75 FR 73135,
dated November 29, 2010).
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18:39 Dec 06, 2010
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This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 1st day
of December 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–30650 Filed 12–6–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–341; NRC–2010–0357]
Detroit Edison Company Fermi, Unit 2;
Exemption
1.0
Background
Detroit Edison Company (DECo) is the
licensee and holder of Facility
Operating License No. NFP–43 issued
for Fermi, Unit 2 (Fermi-2), located in
Monroe County, Michigan. The licensee
anticipates using rail to ship radioactive
waste. From the licensee’s experience
with radioactive shipments from the
decommissioning of Fermi-1, a
permanently shutdown nuclear reactor
facility located onsite, rail shipments
typically take more than 20 days from
the site to receipt acknowledgement
from the disposal site. Each shipment
with receipt notifications greater than
20 days requires a special investigation
and report to the U.S. Nuclear
Regulatory Commission (NRC or the
Commission) which the licensee
believes to be burdensome and
unnecessary to meet the intent of the
regulation.
2.0
Request/Action
In a letter to the Commission dated
February 5, 2010 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML100430349), DECo requested an
exemption from the requirements in 10
CFR part 20, appendix G, section III.E,
to investigate and file a report to the
NRC if shipments of low-level
radioactive waste are not acknowledged
by the intended recipient within 20
days after transfer to the shipper. This
exemption would extend the time
period that can elapse during shipments
of low-level radioactive waste before
DECo is required to investigate and file
a report to the NRC from 20 days to 35
days. The exemption would be
applicable to rail and truck/rail mixedmode shipments. The exemption
request is based on an analysis of the
historical data of low-level radioactive
waste shipment times from the Fermi-1
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Frm 00103
Fmt 4703
Sfmt 4703
site to the disposal site. This historical
data is further described below and in
the Environmental Assessment and
Finding of No Significant Impact (75 FR
20867) that was published for the
exemption which was granted in May
2010 for Enrico Fermi Atomic Power
Plant Unit 1.
3.0 Discussion
The proposed action would grant an
exemption to extend the 20-day
investigation and reporting
requirements for shipments of low-level
radioactive waste to 35 days.
Historical data derived from
experience at Fermi-1 indicates that rail
transportation time to waste disposal
facilities almost always exceeds the 20day reporting requirement. A review of
the Fermi-1 data indicates that
transportation time for shipments by rail
or truck/rail took over 20 days on
average. In addition, administrative
processes at the disposal facilities and
mail delivery times could add several
additional days.
Pursuant to 10 CFR 20.2301, the
Commission may, upon application by a
licensee or upon its own initiative, grant
an exemption from the requirements of
regulations in 10 CFR part 20 if it
determines the exemption is authorized
by law and would not result in undue
hazard to life or property. There are no
provisions in the Atomic Energy Act (or
in any other Federal statute) that impose
a requirement to investigate and report
on low-level radioactive waste
shipments that have not been
acknowledged by the recipient within
20 days of transfer.
Therefore, the Commission concludes
that there is no statutory prohibition on
the issuance of the requested exemption
and the Commission is authorized to
grant the exemption by law.
The Commission acknowledges that,
based on the shipment times to date
from the Fermi-1 site to the disposal
facility, the need to investigate and
report on shipments that take longer
than 20 days could result in an
excessive administrative burden on the
licensee. The Commission finds that the
underlying purpose of the Appendix G
timing provision at issue is to
investigate a late shipment that may be
lost, misdirected, or diverted.
Furthermore, by extending the elapsed
time for receipt acknowledgment to 35
days before requiring investigations and
reporting, a reasonable upper limit on
shipment duration (based on historical
analysis) is still maintained if a
breakdown of normal tracking systems
were to occur. Consequently, the
Commission finds that there is no
hazard to life or property by extending
E:\FR\FM\07DEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76052-76054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30650]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348 and 50-364; NRC-2009-0375]
Southern Nuclear Operating Company, Inc. Joseph M. Farley Nuclear
Plant, Units 1 and 2; Exemption
1.0 Background
Southern Nuclear Operating Company, Inc. (SNC, the licensee), is
the holder of Renewed Facility
[[Page 76053]]
Operating License Nos. NPF-2 and NPF-8, which authorizes operation of
the Joseph M. Farley Nuclear Plant, Units 1 and 2 (FNP). 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
Houston County, Alabama.
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 includes additional requirements to further enhance site
security based upon insights gained from implementation of the post
September 11, 2001, security orders. It is from three of these new
requirements that, by its letters dated September 10 and October 5,
2010, SNC now seeks an exemption from the March 31, 2010,
implementation date. All other physical security requirements
established by this recent rulemaking have already been implemented by
the licensee by March 31, 2010.
Previously, by letters dated June 9, and July 31, 2009, SNC
submitted a request for an exemption from the compliance date
identified in 10 CFR 73.55 for the three requirements of 10 CFR 73.55
that are discussed above. The NRC staff reviewed the request and by
letter dated August 27, 2009, granted an exemption to the March 31,
2010, compliance date for the specific requirements identified within
the SNC exemption request until December 15, 2010, to afford additional
time for the necessary security system upgrades.
Subsequently, by letters dated September 10 and October 5, 2010,
the licensee submitted an additional request for an exemption to the
compliance date identified in 10 CFR 73.55, in accordance with 10 CFR
73.5, ``Specific exemptions.'' The new compliance date requested for
the specific requirements identified within this exemption request is
July 15, 2011.
The licensee's letters dated September 10, 2010 (NL-10-1676) and
October 5, 2010 (NL-10-1908) contain security-related information and,
accordingly, are not available to the public. A redacted version of the
licensee's September 10, 2010, letter (NL-10-1795) is available at
ADAMS Accession No. ML102560042. The licensee has requested a further
exemption from the March 31, 2010, compliance date stating that a
number of issues, including unforeseen growth in the amount of design
work required, design product loss due to computer hardware failures,
and weather-related construction delays, will present a significant
challenge to timely completion of the project related to a specific
requirement in 10 CFR part 73. Specifically, the request is to extend
the compliance date for three specific requirements from the current
March 31, 2010, deadline to July 15, 2011. Being granted this exemption
for these items will allow the licensee to complete the modifications
designed to update equipment and incorporate state-of-the-art
technology to meet the noted regulatory requirement.
3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee, licensed under 10 CFR part 50, shall implement
the requirements of this section through its Commission-approved
Physical Security Plan, Training and Qualification Plan, Safeguards
Contingency Plan, and Cyber Security Plan referred to collectively
hereafter as `security plans.''' Pursuant to 10 CFR 73.5, the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions from the requirements of 10 CFR Part
73 when the exemptions are authorized by law, and will not endanger
life or property or the common defense and security, and are otherwise
in the public interest.
An NRC approval of this exemption would; as noted above, allow an
extension from March 31, 2010, to July 15, 2011, for the implementation
date for three specific requirements of the new rule. The NRC staff has
determined that granting of the licensee's proposed exemption will 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 (SECY-08-0099,
dated July 9, 2008), the NRC staff proposed that the requirements of
the new regulation be met within 180 days. The Commission directed a
change from 180 days to approximately 1 year for licensees to fully
implement the new requirements. This change was incorporated into the
final rule. From this, it is clear that the Commission wanted to
provide a reasonable timeframe for licensees to achieve full
compliance.
As noted in the final rule, the Commission also anticipated that
licensees would have to conduct site specific analyses to determine
what changes were necessary to implement the rule's requirements, and
that changes could be accomplished through a variety of licensing
mechanisms, including exemptions. Since issuance of the final rule, the
Commission has rejected a 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 as discussed in the June 4, 2009, letter.
FNP Schedule Exemption Request
The licensee provided detailed information in its letters dated
September 10 and October 5, 2010, requesting an exemption. It describes
a comprehensive plan to install equipment related to the requirements
in the new Part 73 rule and provides a timeline for achieving full
compliance with the new regulation. The submittals contain security-
related information regarding the site security plan, details of the
specific requirements of the regulation for which the site cannot be in
compliance by the March 31, 2010, deadline and why, the required
changes to the site's security configuration, and a timeline with
critical path activities that will bring the licensee into full
compliance by July 15, 2011. The timeline provides dates indicating (1)
When various phases of the project begin and end (i.e., design, field
construction), (2) outages scheduled for each unit, and (3) when
critical equipment will be ordered, installed, tested and become
operational.
Notwithstanding the schedular exemption for these limited
[[Page 76054]]
requirements, the licensee is required 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 July 15, 2011, SNC will be in full compliance with all the
regulatory requirements of 10 CFR 73.55 for the FNP, 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 to July 15, 2011, with regard
to three specific 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 FNP equipment installation is complete justifies
extending the full compliance date with regard to the specific
requirements of 10 CFR 73.55. The security measures, that SNC needs
additional time to implement, are new requirements imposed by the March
27, 2009, amendments to 10 CFR 73.55, and is in addition to those
required by the security orders issued in response to the events of
September 11, 2001. Therefore, it is concluded 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, implementation deadline for
the requirement specified in the SNC letters dated September 10 and
October 5, 2010, the licensee is required to be in full compliance by
July 15, 2011. In achieving compliance, the licensee is reminded that
it is responsible for determining the appropriate licensing mechanism
(i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of all
necessary changes to its security plans.
Pursuant to 10 CFR 51.32, ``Finding of no significant impact,'' the
Commission has previously determined that the granting of this
exemption will not have a significant effect on the quality of the
human environment (75 FR 73135, dated November 29, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 1st day of December 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-30650 Filed 12-6-10; 8:45 am]
BILLING CODE 7590-01-P
