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 https://
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]
-----------------------------------------------------------------------
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