Carolina Power & Light Company; H. B. Robinson Steam Electric Plant, Unit No. 2; Exemption, 82414-82415 [2010-32917]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82414-82415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32917]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-261; NRC-2010-0062]


Carolina Power & Light Company; H. B. Robinson Steam Electric 
Plant, Unit No. 2; Exemption

1.0 Background

    Carolina Power & Light Company (CP&L, the licensee) is the holder 
of Renewed Facility Operating License No. DPR-23, which authorizes 
operation of the H.B. Robinson Steam Electric Plant, Unit 2 (HBRSEP). 
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 New Hill, 
North Carolina.

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. 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 3, 2010 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML100082190), the NRC granted 
an exemption to the licensee for two specific items subject to the new 
rule in 10 CFR 73.55, allowing the implementation of these items to be 
extended until December 30, 2010. The licensee has implemented all 
other physical security requirements established by this rulemaking 
prior to March 31, 2010, the required implementation date.
    By letter dated September 30, 2010, the licensee requested an 
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.'' 
Specifically, the licensee requested an extension of the implementation 
date for the remaining one item from December 30, 2010, to September 
16, 2011. Portions of the licensee's September 30, 2010, letter contain 
security-related information and, accordingly, a redacted version of 
this letter is available for public review in the ADAMS No. 
ML103360283. The licensee requested this exemption to allow an 
additional extension from the current implementation date granted in 
the prior exemption to implement one remaining item of the requirements 
that involves important physical modifications to the HBRSEP security 
system. The licensee has performed an extensive evaluation of the 
revised 10 CFR part 73 and has achieved compliance with a vast majority 
of the revised rule. However, the licensee has determined that 
implementation of one specific item of the rule will require more time 
to implement because it involves upgrades to the security system that 
require significant physical modifications (e.g., the relocation of 
certain security assets to a new security building that will be 
constructed, and the addition of certain power supplies). Granting an 
exemption would allow the licensee time to complete the necessary 
security modifications to meet the regulatory 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.
    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.
    As noted in the final rule, the Commission 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,

[[Page 82415]]

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.
    NRC approval of this exemption would allow an additional extension 
from the implementation date granted under a previous exemption from 
December 30, 2010, to September 16, 2011, for one remaining item of the 
final rule. 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.

H.B. Robinson Schedule Exemption Request

    The licensee provided detailed information in its letter dated 
September 30, 2010, describing the reason and justification for an 
exemption to extend the implementation date for the one remaining 
requirement. Additionally, the licensee has provided information 
regarding the revised scope for projects at HBRSEP and the impacts on 
the licensee's ability to meet the current implementation date of 
December 30, 2010. The proposed exemption is needed to provide the 
licensee with additional time, beyond the date granted by the NRC 
letter dated March 3, 2010, to implement one remaining item of the two 
requirements in the previous exemption that involves important physical 
modifications to the HBRSEP security system. The licensee has 
determined that implementation of one specific provision of the rule 
will require more time to implement because it involves upgrades to the 
security system that require significant physical modifications. The 
licensee identified several issues that have delayed the work to this 
point and impacted the projected schedule: (1) The complexity of the 
design and construction of the projects which lead to unforeseen scope 
growth; (2) a better understanding of the time necessary for transition 
and testing for the new systems; and (3) due to a fire in an electrical 
switchgear room, the spring refueling outage was extended beyond that 
originally anticipated when schedules were first developed. These 
issues were revealed as the design evolved from the conceptual state to 
a detailed design. Additional time, beyond that previously approved, is 
needed due the extensive redesign and review effort that was unforeseen 
at the conceptual design stage. Portions of the September 30, 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 physical security 
systems, and a revised timeline with critical path activities that 
would enable the licensee to achieve full compliance by September 16, 
2011. The timeline provides dates indicating when (1) Design activities 
will be completed and approved, (2) the extended refueling outage 
started and finished, (3) various construction activities will be 
completed, and (4) the new and relocated equipment will be installed 
and tested.
    The site-specific information provided within the HBRSEP exemption 
request is relative to the requirements from which the licensee 
requested exemption and demonstrates the need for modification to meet 
the one specific remaining requirement 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 this one 
remaining requirement, 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 September 16, 2011, the HBRSEP 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 date from 
December 30, 2010, with regard to one remaining requirement of 10 CFR 
73.55, to September 16, 2011. 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 HBRSEP 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 
one remaining item specified in Attachment 1 of the CP&L letter dated 
September 30, 2010, the licensee is required to implement this one 
remaining item and be in full compliance with 10 CFR 73.55 by September 
16, 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.
    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 80545 dated December 22, 2010).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 22nd 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. 2010-32917 Filed 12-29-10; 8:45 am]
BILLING CODE 7590-01-P