Nine Mile Point 3 Nuclear Project, LLC and Unistar Nuclear Operating Services, LLC; Combined License Application for Nine Mile Point 3 Nuclear Power Plant; Exemption, 32994-32996 [2011-13816]

Download as PDF 32994 Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Notices The press and public may enter the NTSB Conference Center one hour prior to the meeting for set up and seating. Individuals requesting specific accommodations should contact Rochelle Hall at (202) 314–6305 by Friday, June 17, 2011. The public may view the meeting via a live or archived webcast by accessing a link under ‘‘News & Events’’ on the NTSB home page at http:// www.ntsb.gov. FOR MORE INFORMATION CONTACT: Candi Bing, (202) 314–6403 or by e-mail at bingc@ntsb.gov. Friday, June 3, 2011. Candi R. Bing, Federal Register Liaison Officer. [FR Doc. 2011–14121 Filed 6–3–11; 4:15 pm] BILLING CODE 7533–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–038; NRC–2008–0581] emcdonald on DSK2BSOYB1PROD with NOTICES Nine Mile Point 3 Nuclear Project, LLC and Unistar Nuclear Operating Services, LLC; Combined License Application for Nine Mile Point 3 Nuclear Power Plant; Exemption 1.0 Background Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services, LLC (UniStar) submitted to the U.S. Nuclear Regulatory Commission (NRC) a Combined License (COL) Application for a single unit of AREVA NP’s U.S. EPR in accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR), subpart C of part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants.’’ This reactor is to be identified as Nine Mile Point 3 Nuclear Power Plant (NMP3NPP), and located adjacent to the current Nine Mile Point Nuclear Station, Unit 1 and Unit 2, in Oswego County, New York. The NMP3NPP COL application incorporates by reference AREVA NP’s application for a Standard Design Certification for the U.S. EPR. Additionally, the NMP3NPP COL application is based upon the U.S. EPR reference COL (RCOL) application for UniStar’s Calvert Cliffs Nuclear Power Plant, Unit 3 (CCNPP3). The NRC docketed the NMP3NPP COL application on December 12, 2008. On December 1, 2009, UniStar Nuclear Energy (UNE), which is acting on behalf of the COL applicants Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services, LLC, requested that the NRC temporarily suspend the NMP3NPP COL application review, including any supporting VerDate Mar<15>2010 17:30 Jun 06, 2011 Jkt 223001 reviews by external agencies, until further notice. Based on this request, the NRC discontinued all review activities associated with the NMP3NPP COL application. The NRC is currently performing a detailed review of the CCNPP3 RCOL application, as well as AREVA NP’s application for design certification of the U.S. EPR. 2.0 Request/Action The regulations specified in 10 CFR 50.71(e)(3)(iii), require that an applicant for a combined license under 10 CFR part 52 shall, during the period from docketing of a COL application until the Commission makes a finding under 10 CFR 52.103(g) pertaining to facility operation, submit an annual update to the application’s Final Safety Analysis Report (FSAR), which is a part of the application. On March 31, 2009, UNE submitted Revision 1 to the COL application, including updates to the FSAR. Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update was due by December 2010. UNE has requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2010 and 2011 FSAR updates, and proposed for approval a new submittal deadline of December 31, 2012, for the next FSAR update. In addition, UNE has committed to submit an updated FSAR prior to resumption of NRC review for the NMP3NPP COL application. In summary, the requested exemption is a one-time schedule change from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE to submit the next FSAR update at a later date, but still in advance of the NRC reinstating its review of the application, and in any event, by December 31, 2012. The current FSAR update schedule could not be changed, absent the exemption. UNE requested the exemption by letter dated December 9, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103480076). UNE has affirmed that this request letter replaced UNE’s previous correspondence of November 18, 2010 (ML103260479), in its entirety, on the same request for exemption from 10 CFR 50.71(e)(3)(iii). The NRC notes that the granting of the exemption applies prospectively, rather than retroactively, so this exemption applies to required actions from the date of exemption issuance and does not retroactively authorize a previous failure to take required action. 3.0 Discussion Pursuant to 10 CFR 50.12, the NRC may, upon application by any interested PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50, including Section 50.71(e)(3)(iii) 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) special circumstances are present. As relevant to the requested exemption, special circumstances exist if: (1) ‘‘Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule’’ (10 CFR 50.12(a)(2)(ii)); or (2) ‘‘The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation’’ (10 CFR 50.12(a)(2)(v)). The review of the NMP3NPP COL application FSAR has been suspended since December 1, 2009. Since the COL application incorporates by reference the application for a Standard Design Certification for the U.S. EPR, many changes in the U.S. EPR FSAR require an associated change to the COL application FSAR, and because the NRC review of the COL application is suspended, the updates to the COL application FSAR will not be reviewed by the NRC staff until the NMP3NPP COL application review is resumed. Thus, the optimum time to prepare a revision to the COL application FSAR is sometime prior to UNE requesting the NRC to resume its review. To prepare and submit a COL application FSAR update when the review remains suspended and in the absence of any decision by UNE to request the NRC to resume the review, would require UNE to spend significant time and effort and would be of no value, particularly due to the fact that the U.S. EPR FSAR is still undergoing periodic revisions and updates. UNE commits to submit the next FSAR update prior to any request to the NRC to resume review of the COL application and, in any event, by December 31, 2012, and would need to identify all changes to the U.S. EPR FSAR in order to prepare a COL application FSAR revision that accurately and completely reflects the changes to the U.S. EPR FSAR. The requested one-time schedule exemption to defer submittal of the next update to the NMP3NPP COL application FSAR would provide only temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). UNE has made good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by submitting Revision 1 to the COL application on March 31, 2009, prior to requesting the review E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Notices suspension. Revision 1 incorporated information provided in prior supplements and standardized language with the RCOL application. Authorized by Law The exemption is a one-time schedule exemption from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE to submit the next NMP3NPP COL application FSAR update on or before December 31, 2012. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions. The NRC staff has determined that granting UNE the requested one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii) will provide only temporary relief from this regulation and will not result in a violation of the Atomic Energy Act of 1954, as amended, or the NRC’s regulations. Therefore, the exemption is authorized by law. emcdonald on DSK2BSOYB1PROD with NOTICES No Undue Risk to Public Health and Safety The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for a timely and comprehensive update of the FSAR associated with a COL application in order to support an effective and efficient review by the NRC staff and issuance of the NRC staff’s safety evaluation report. The requested exemption is solely administrative in nature, in that it pertains to the schedule for submittal to the NRC of revisions to an application under 10 CFR part 52, for which a license has not been granted. In addition, since the review of the application has been suspended, any update to the application submitted by UNE will not be reviewed by the NRC at this time. Based on the nature of the requested exemption as described above, no new accident precursors are created by the exemption; thus, neither the probability, nor the consequences of postulated accidents are increased. Therefore, there is no undue risk to public health and safety. Consistent With Common Defense and Security The requested exemption would allow UNE to submit the next FSAR update prior to requesting the NRC to resume the review and, in any event, on or before December 31, 2012. This schedule change 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), are present whenever: (1) ‘‘Application of the VerDate Mar<15>2010 17:30 Jun 06, 2011 Jkt 223001 regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule’’ (10 CFR 50.12(a)(2)(ii)); or (2) ‘‘The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation’’ (10 CFR 50.12(a)(2)(v)). The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for a timely and comprehensive update of the FSAR associated with a COL application in order to support an effective and efficient review by the NRC staff and issuance of the NRC staff’s safety evaluation report. As discussed above, the requested one-time exemption is solely administrative in nature, in that it pertains to a one-time schedule change for submittal of revisions to an application under 10 CFR Part 52, for which a license has not been granted. The requested one-time exemption will permit UNE time to carefully review the most recent revisions of the U.S. EPR FSAR, and fully incorporate these revisions into a comprehensive update of the FSAR associated with the NMP3NPP COL application. This onetime exemption will support the NRC staff’s effective and efficient review of the COL application when resumed, as well as issuance of the safety evaluation report. For this reason, application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances is not necessary to achieve the underlying purpose of that rule. Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). In addition, special circumstances are also present under 10 CFR 50.12(a)(2)(v) because granting a one-time exemption from 10 CFR 50.71(e)(3)(iii) would provide only temporary relief, and UNE has made good faith efforts to comply with the regulation by submitting Revision 1 to the COL application on March 31, 2009, prior to requesting the review suspension. Revision 1 incorporated information provided in prior supplements and standardized language with the RCOL application. For the above reasons, the special circumstances required by 10 CFR 50.12(a)(2) for the granting of an exemption from 10 CFR 50.71(e)(3)(iii) exist. 32995 identified in 10 CFR 51.22(c)(25), and justified by the NRC staff as follows: Eligibility for Categorical Exclusion From Environmental Review 10 CFR 51.22: (c) The following categories of actions are categorical exclusions: (25) Granting of an exemption from the requirements of any regulation of this chapter, provided that— (i) There is no significant hazards consideration; The criteria for determining whether there is no significant hazards consideration are found in 10 CFR 50.92. The proposed action involves only a schedule change regarding the submission of an update to the application for which the licensing review has been suspended. Therefore, there are no significant hazards considerations because granting the proposed exemption would not: (1) Involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) Create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) Involve a significant reduction in a margin of safety. (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; The proposed action involves only a schedule change which is administrative in nature, and does not involve any changes to be made in the types or significant increase in the amounts of effluents that may be released offsite. (iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; Since the proposed action involves only a schedule change which is administrative in nature, it does not contribute to any significant increase in occupational or public radiation exposure. (iv) There is no significant construction impact; The proposed action involves only a schedule change which is administrative in nature; the application review is suspended until further notice, and there is no consideration of any construction at this time, and hence the proposed action does not involve any construction impact. (v) There is no significant increase in the potential for or consequences from radiological accidents; and The proposed action involves only a schedule change which is administrative in nature, and does not impact the probability or consequences of accidents,and (vi) The requirements from which an exemption is sought involve: (B) Reporting requirements; The exemption request involves submitting an updated FSAR by UNE and (G) Scheduling requirements; The proposed exemption relates to the schedule for submitting FSAR updates to the NRC With respect to the exemption’s impact on the quality of the human environment, the NRC has determined that this specific exemption request is eligible for categorical exclusion as 4.0 Conclusion Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1 32996 Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Notices health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the NRC hereby grants UNE a one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the NMP3NPP COL application to allow submittal of the next FSAR update prior to any request to the NRC to resume the review, and in any event, no later than December 31, 2012. Pursuant to 10 CFR 51.22, the NRC has determined that the exemption request meets the applicable categorical exclusion criteria set forth in 10 CFR 51.22(c)(25), and the granting of this exemption will not have a significant effect on the quality of the human environment. This exemption is effective upon issuance. 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Comments are encouraged and will be accepted until August 8, 2011. This process is conducted in accordance with 5 CFR 1320.1. DATES: Dated at Rockville, Maryland, this 26th day of May 2011. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, EPR Projects Branch, Division of New Reactor Licensing, Office of New Reactors. Interested persons are invited to submit written comments on the proposed information collection to the U.S. Office of Personnel Management, Linda Bradford (Acting), Deputy Associate Director, Retirement Operations, Retirement Services, 1900 E Street, NW., Room 3305, Washington, DC 20415–3500 or sent via electronic mail to Martha.Moore@opm.gov. [FR Doc. 2011–13816 Filed 6–6–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Designation of Beneficiary (FERS) [SF 3102] U.S. Office of Personnel Management. ACTION: 60-day notice and request for comments. AGENCY: emcdonald on DSK2BSOYB1PROD with NOTICES VerDate Mar<15>2010 17:30 Jun 06, 2011 Jkt 223001 A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street, NW., Room 4332, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to Cyrus.Benson@opm.gov or faxed to (202) 606–0910. The Designation of Beneficiary (FERS) is used by an employee or an annuitant covered under the Federal Employees Retirement System to designate a beneficiary to receive any lump sum due in the event of his/her death. SUPPLEMENTARY INFORMATION: The Retirement Services, Office of Personnel Management (OPM) offers the general public and other federal agencies the opportunity to comment on a revised information collection request (ICR) 3206–0173, Designation of Beneficiary (FERS). As required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is soliciting comments for this collection. The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; SUMMARY: ADDRESSES: Analysis Agency: Retirement Operations, Retirement Services, Office of Personnel Management. Title: Designation of Beneficiary (FERS). OMB Number: 3206–0173. Frequency: On occasion. Affected Public: Individuals or households. Number of Respondents: 3,110. Estimated Time per Respondent: 15 minutes. Total Burden Hours: 777. U.S. Office of Personnel Management. John Berry, Director. [FR Doc. 2011–13973 Filed 6–6–11; 8:45 am] BILLING CODE 6325–38–P PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Health Benefits Election Form (OPM 2809) U.S. Office of Personnel Management. ACTION: 60-Day Notice and request for comments. AGENCY: The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an extension, without change, of a currently approved information collection request (ICR) 3206–0141, Health Benefits Election Form. As required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104–106), OPM is soliciting comments for this collection. The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. DATES: Comments are encouraged and will be accepted until August 8, 2011. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to U.S. Office of Personnel Management, Linda Bradford (Acting) Deputy Associate Director, Retirement Operations, Retirement Services, 1900 E Street, NW., Room 3305, Washington, DC 20415–3500 or sent via electronic mail to Martha.Moore@opm.gov. FOR FURTHER INFORMATION CONTACT: A copy of this ICR with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street, SUMMARY: E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Pages 32994-32996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13816]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-038; NRC-2008-0581]


Nine Mile Point 3 Nuclear Project, LLC and Unistar Nuclear 
Operating Services, LLC; Combined License Application for Nine Mile 
Point 3 Nuclear Power Plant; Exemption

1.0 Background

    Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear 
Operating Services, LLC (UniStar) submitted to the U.S. Nuclear 
Regulatory Commission (NRC) a Combined License (COL) Application for a 
single unit of AREVA NP's U.S. EPR in accordance with the requirements 
of Title 10 of the Code of Federal Regulations (10 CFR), subpart C of 
part 52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.'' This reactor is to be identified as Nine Mile Point 3 Nuclear 
Power Plant (NMP3NPP), and located adjacent to the current Nine Mile 
Point Nuclear Station, Unit 1 and Unit 2, in Oswego County, New York. 
The NMP3NPP COL application incorporates by reference AREVA NP's 
application for a Standard Design Certification for the U.S. EPR. 
Additionally, the NMP3NPP COL application is based upon the U.S. EPR 
reference COL (RCOL) application for UniStar's Calvert Cliffs Nuclear 
Power Plant, Unit 3 (CCNPP3). The NRC docketed the NMP3NPP COL 
application on December 12, 2008. On December 1, 2009, UniStar Nuclear 
Energy (UNE), which is acting on behalf of the COL applicants Nine Mile 
Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services, 
LLC, requested that the NRC temporarily suspend the NMP3NPP COL 
application review, including any supporting reviews by external 
agencies, until further notice. Based on this request, the NRC 
discontinued all review activities associated with the NMP3NPP COL 
application. The NRC is currently performing a detailed review of the 
CCNPP3 RCOL application, as well as AREVA NP's application for design 
certification of the U.S. EPR.

2.0 Request/Action

    The regulations specified in 10 CFR 50.71(e)(3)(iii), require that 
an applicant for a combined license under 10 CFR part 52 shall, during 
the period from docketing of a COL application until the Commission 
makes a finding under 10 CFR 52.103(g) pertaining to facility 
operation, submit an annual update to the application's Final Safety 
Analysis Report (FSAR), which is a part of the application.
    On March 31, 2009, UNE submitted Revision 1 to the COL application, 
including updates to the FSAR. Pursuant to 10 CFR 50.71(e)(3)(iii), the 
next annual update was due by December 2010. UNE has requested a one-
time exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit 
the scheduled 2010 and 2011 FSAR updates, and proposed for approval a 
new submittal deadline of December 31, 2012, for the next FSAR update. 
In addition, UNE has committed to submit an updated FSAR prior to 
resumption of NRC review for the NMP3NPP COL application.
    In summary, the requested exemption is a one-time schedule change 
from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would 
allow UNE to submit the next FSAR update at a later date, but still in 
advance of the NRC reinstating its review of the application, and in 
any event, by December 31, 2012. The current FSAR update schedule could 
not be changed, absent the exemption. UNE requested the exemption by 
letter dated December 9, 2010 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML103480076). UNE has affirmed 
that this request letter replaced UNE's previous correspondence of 
November 18, 2010 (ML103260479), in its entirety, on the same request 
for exemption from 10 CFR 50.71(e)(3)(iii). The NRC notes that the 
granting of the exemption applies prospectively, rather than 
retroactively, so this exemption applies to required actions from the 
date of exemption issuance and does not retroactively authorize a 
previous failure to take required action.

3.0 Discussion

    Pursuant to 10 CFR 50.12, the NRC may, upon application by any 
interested person or upon its own initiative, grant exemptions from the 
requirements of 10 CFR Part 50, including Section 50.71(e)(3)(iii) 
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) special circumstances are present. 
As relevant to the requested exemption, special circumstances exist if: 
(1) ``Application of the regulation in the particular circumstances 
would not serve the underlying purpose of the rule or is not necessary 
to achieve the underlying purpose of the rule'' (10 CFR 
50.12(a)(2)(ii)); or (2) ``The exemption would provide only temporary 
relief from the applicable regulation and the licensee or applicant has 
made good faith efforts to comply with the regulation'' (10 CFR 
50.12(a)(2)(v)).
    The review of the NMP3NPP COL application FSAR has been suspended 
since December 1, 2009. Since the COL application incorporates by 
reference the application for a Standard Design Certification for the 
U.S. EPR, many changes in the U.S. EPR FSAR require an associated 
change to the COL application FSAR, and because the NRC review of the 
COL application is suspended, the updates to the COL application FSAR 
will not be reviewed by the NRC staff until the NMP3NPP COL application 
review is resumed. Thus, the optimum time to prepare a revision to the 
COL application FSAR is sometime prior to UNE requesting the NRC to 
resume its review. To prepare and submit a COL application FSAR update 
when the review remains suspended and in the absence of any decision by 
UNE to request the NRC to resume the review, would require UNE to spend 
significant time and effort and would be of no value, particularly due 
to the fact that the U.S. EPR FSAR is still undergoing periodic 
revisions and updates. UNE commits to submit the next FSAR update prior 
to any request to the NRC to resume review of the COL application and, 
in any event, by December 31, 2012, and would need to identify all 
changes to the U.S. EPR FSAR in order to prepare a COL application FSAR 
revision that accurately and completely reflects the changes to the 
U.S. EPR FSAR.
    The requested one-time schedule exemption to defer submittal of the 
next update to the NMP3NPP COL application FSAR would provide only 
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). UNE 
has made good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by 
submitting Revision 1 to the COL application on March 31, 2009, prior 
to requesting the review

[[Page 32995]]

suspension. Revision 1 incorporated information provided in prior 
supplements and standardized language with the RCOL application.

Authorized by Law

    The exemption is a one-time schedule exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE 
to submit the next NMP3NPP COL application FSAR update on or before 
December 31, 2012. As stated above, 10 CFR 50.12 allows the NRC to 
grant exemptions. The NRC staff has determined that granting UNE the 
requested one-time exemption from the requirements of 10 CFR 
50.71(e)(3)(iii) will provide only temporary relief from this 
regulation and will not result in a violation of the Atomic Energy Act 
of 1954, as amended, or the NRC's regulations. Therefore, the exemption 
is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
The requested exemption is solely administrative in nature, in that it 
pertains to the schedule for submittal to the NRC of revisions to an 
application under 10 CFR part 52, for which a license has not been 
granted. In addition, since the review of the application has been 
suspended, any update to the application submitted by UNE will not be 
reviewed by the NRC at this time. Based on the nature of the requested 
exemption as described above, no new accident precursors are created by 
the exemption; thus, neither the probability, nor the consequences of 
postulated accidents are increased. Therefore, there is no undue risk 
to public health and safety.

Consistent With Common Defense and Security

    The requested exemption would allow UNE to submit the next FSAR 
update prior to requesting the NRC to resume the review and, in any 
event, on or before December 31, 2012. This schedule change 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), are 
present whenever: (1) ``Application of the regulation in the particular 
circumstances would not serve the underlying purpose of the rule or is 
not necessary to achieve the underlying purpose of the rule'' (10 CFR 
50.12(a)(2)(ii)); or (2) ``The exemption would provide only temporary 
relief from the applicable regulation and the licensee or applicant has 
made good faith efforts to comply with the regulation'' (10 CFR 
50.12(a)(2)(v)).
    The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
As discussed above, the requested one-time exemption is solely 
administrative in nature, in that it pertains to a one-time schedule 
change for submittal of revisions to an application under 10 CFR Part 
52, for which a license has not been granted. The requested one-time 
exemption will permit UNE time to carefully review the most recent 
revisions of the U.S. EPR FSAR, and fully incorporate these revisions 
into a comprehensive update of the FSAR associated with the NMP3NPP COL 
application. This one-time exemption will support the NRC staff's 
effective and efficient review of the COL application when resumed, as 
well as issuance of the safety evaluation report. For this reason, 
application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances 
is not necessary to achieve the underlying purpose of that rule. 
Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). In 
addition, special circumstances are also present under 10 CFR 
50.12(a)(2)(v) because granting a one-time exemption from 10 CFR 
50.71(e)(3)(iii) would provide only temporary relief, and UNE has made 
good faith efforts to comply with the regulation by submitting Revision 
1 to the COL application on March 31, 2009, prior to requesting the 
review suspension. Revision 1 incorporated information provided in 
prior supplements and standardized language with the RCOL application. 
For the above reasons, the special circumstances required by 10 CFR 
50.12(a)(2) for the granting of an exemption from 10 CFR 
50.71(e)(3)(iii) exist.

Eligibility for Categorical Exclusion From Environmental Review

    With respect to the exemption's impact on the quality of the human 
environment, the NRC has determined that this specific exemption 
request is eligible for categorical exclusion as identified in 10 CFR 
51.22(c)(25), and justified by the NRC staff as follows:

10 CFR 51.22:

    (c) The following categories of actions are categorical 
exclusions:
    (25) Granting of an exemption from the requirements of any 
regulation of this chapter, provided that--
    (i) There is no significant hazards consideration;
    The criteria for determining whether there is no significant 
hazards consideration are found in 10 CFR 50.92. The proposed action 
involves only a schedule change regarding the submission of an 
update to the application for which the licensing review has been 
suspended. Therefore, there are no significant hazards 
considerations because granting the proposed exemption would not:
    (1) Involve a significant increase in the probability or 
consequences of an accident previously evaluated; or
    (2) Create the possibility of a new or different kind of 
accident from any accident previously evaluated; or
    (3) Involve a significant reduction in a margin of safety.
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released 
offsite;
    The proposed action involves only a schedule change which is 
administrative in nature, and does not involve any changes to be 
made in the types or significant increase in the amounts of 
effluents that may be released offsite.
    (iii) There is no significant increase in individual or 
cumulative public or occupational radiation exposure;
    Since the proposed action involves only a schedule change which 
is administrative in nature, it does not contribute to any 
significant increase in occupational or public radiation exposure.
    (iv) There is no significant construction impact;
    The proposed action involves only a schedule change which is 
administrative in nature; the application review is suspended until 
further notice, and there is no consideration of any construction at 
this time, and hence the proposed action does not involve any 
construction impact.
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents; and
    The proposed action involves only a schedule change which is 
administrative in nature, and does not impact the probability or 
consequences of accidents,and
    (vi) The requirements from which an exemption is sought involve:
    (B) Reporting requirements;
    The exemption request involves submitting an updated FSAR by UNE 
and
    (G) Scheduling requirements;
    The proposed exemption relates to the schedule for submitting 
FSAR updates to the NRC

4.0 Conclusion

    Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12, 
the exemption is authorized by law, will not present an undue risk to 
the public

[[Page 32996]]

health and safety, and is consistent with the common defense and 
security. Also, special circumstances are present. Therefore, the NRC 
hereby grants UNE a one-time exemption from the requirements of 10 CFR 
50.71(e)(3)(iii) pertaining to the NMP3NPP COL application to allow 
submittal of the next FSAR update prior to any request to the NRC to 
resume the review, and in any event, no later than December 31, 2012.
    Pursuant to 10 CFR 51.22, the NRC has determined that the exemption 
request meets the applicable categorical exclusion criteria set forth 
in 10 CFR 51.22(c)(25), and the granting of this exemption will not 
have a significant effect on the quality of the human environment. This 
exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 26th day of May 2011.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, EPR Projects Branch, Division of New Reactor Licensing, Office 
of New Reactors.
[FR Doc. 2011-13816 Filed 6-6-11; 8:45 am]
BILLING CODE 7590-01-P