Pacific Gas and Electric Company, Diablo Canyon Power Plant, Unit 1 and 2; Exemption, 37843-37845 [2011-16196]

Download as PDF Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices Need for Proposed Action Sections 50.54 and 73.55 of Title 10 of the Code of Federal Regulations require that licensees establish and maintain physical protection and security for activities involving SNM within the 10 CFR part 50 licensed area of a facility. The proposed action is needed because there is no longer any nuclear fuel in the 10 CFR part 50 licensed facility that requires protection against radiological sabotage or diversion. The proposed action will allow the licensee to conserve resources for decommissioning activities. mstockstill on DSK4VPTVN1PROD with NOTICES Environmental Impacts of the Proposed Action The NRC has completed its evaluation of the proposed action and concludes that exempting the facility from physical protection security requirements will not have any adverse environmental impacts. There will be minor savings of energy and vehicular use associated with the security force no longer performing patrols, checks, and normal security functions. The proposed action will not significantly increase the probability or consequences of accidents, no changes are being made in the types of any effluents that may be released off site, and there is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. With regard to potential nonradiological impacts, the proposed action does not involve any historic sites. It does not affect non-radiological plant effluents and has no other environmental impact. Therefore, there are no significant non-radiological environmental impacts associated with the proposed action. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action The alternative is the no-action alternative, under which the staff would deny the exemption request. This denial of the request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are similar, therefore the no-action alternative is not further considered. Conclusion The NRC staff has concluded that the proposed action will not significantly impact the quality of the human VerDate Mar<15>2010 16:46 Jun 27, 2011 Jkt 223001 environment, and that the proposed action is the preferred alternative. Agencies and Persons Consulted In accordance with its stated policy, on May 12, 2011, the staff consulted the Pennsylvania State Department of Environmental Protection, regarding the environmental impact of the proposed action. The State official had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA as part of its review of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information For further details with respect to the proposed action, see the licensee’s letter dated November 18, 2010, [ADAMS Accession Number ML103230031]. Documents related to this action, including the application and supporting documentation, are available electronically at the NRC’s Library at https://www.nrc.gov/reading-rm/ adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland this 20th day of June, 2011. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 37843 For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management, and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2011–16150 Filed 6–27–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2010–0059; Docket Nos. 50–275 and 50–323] Pacific Gas and Electric Company, Diablo Canyon Power Plant, Unit 1 and 2; Exemption 1.0 Background Pacific Gas and Electric Company (PG&E, the licensee) is the holder of Facility Operating License Nos. DPR–80 and DPR–82, which authorize operation of the Diablo Canyon Power Plant, Unit 1 and 2 (DCPP). 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 San Luis Obispo County, California. 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 in the Federal Register 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 on September 11, 2001, and implemented by the 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. It is from one of these additional requirements that PG&E now seeks an exemption from the implementation date. All other physical E:\FR\FM\28JNN1.SGM 28JNN1 37844 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES security requirements established by this recent rulemaking have been implemented by the licensee. By letter dated April 13, 2011, the licensee requested an exemption in accordance with 10 CFR 73.5, ‘‘Specific exemptions.’’ The licensee submitted two letters on April 13, 2011, a version containing sensitive unclassified nonsafeguards information (security-related) and a redacted version, which is publicly available in the Agencywide Documents Access and Management System (ADAMS) under Accession No. ML11112A022. By letter dated March 2, 2010 (ADAMS Accession No. ML100210207), the NRC granted a previous exemption to PG&E for specific items subject to the revised rule in 10 CFR 73.55, allowing the implementation to be deferred until June 30, 2011. The licensee has requested an additional exemption from the current implementation date established in the prior exemption, based on a significant change in scope of the project for one specific item needed to meet the requirements of the new rule. Specifically, the request is to extend the compliance date from the June 30, 2011, deadline to March 31, 2012, for one item. Granting this exemption for extending the implementation date for the one remaining item would allow the licensee to complete the modifications for a more conservative approach for achieving full compliance. 3.0 Discussion of Part 73 Schedule Exemption From the June 30, 2011, 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. NRC approval of this exemption, as noted above, will allow an extension from June 30, 2011, until March 31, 2012, for the implementation date for one specific item in two specified areas of the new rule. As stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the requirements of 10 CFR 73. The NRC staff has determined VerDate Mar<15>2010 16:46 Jun 27, 2011 Jkt 223001 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, 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: letter dated June 4, 2009, 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 and discussed in the letter dated June 4, 2009. DCPP Schedule Exemption Request The licensee provided detailed information in Enclosure 1 of its letter dated April 13, 2011, requesting an exemption. Enclosure 1 describes a comprehensive plan for the implementation of one item regarding the construction, testing, and turnover of the new equipment to enhance the security capabilities at the DCPP site and provides a timeline for achieving full compliance with the new regulation. Enclosure 1 of the letter dated April 13, 2011, contains securityrelated information regarding the site security plan, details of the specific requirements of the regulation and why the site cannot be in compliance by the June 30, 2011, deadline, 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 March 31, 2012. The timeline provides dates PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 indicating when construction will begin on various phases of the project (i.e., buildings, and fences) and critical equipment will be installed, tested and become operational. As described in its submittal dated April 13, 2011, the licensee stated that all parts of the new 10 CFR part 73 security measures will be implemented by June 30, 2011, except for the one specified item, for which the current security system will be maintained until the licensee is in full compliance. This will continue to provide acceptable physical protection of the DCPP. 4.0 Conclusion for Part 73 Schedule Exemption Request The NRC staff has reviewed the licensee’s submittal and concludes that the licensee has provided adequate justification for its request for an extension of the compliance date to March 31, 2012 with regard to one item for two specified requirements of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, ‘‘Specific exemptions,’’ an exemption from the June 30, 2011, 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. The NRC staff has determined that the long-term benefits that will be realized when the DCPP security modifications are complete justifies exceeding the full compliance date with regard to the specified requirements of 10 CFR 73.55. Therefore, the NRC concludes 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 consistent with the NRC’s regulatory authority to grant an exemption from the June 30, 2011, deadline for the one item specified in Enclosure 1 of the PG&E letter dated April 13, 2011, the licensee is required to be in full compliance by March 31, 2012. In achieving compliance, the licensee is reminded that it is responsible for determining the appropriate licensing mechanism (i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of all necessary changes to its security plans. 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 (January 3, 2011; 76 FR 187). This exemption is effective upon issuance. E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices Dated at Rockville, Maryland, this 17th day of June 2011. For the Nuclear Regulatory Commission. Joseph G. Giitter, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2011–16196 Filed 6–27–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2011–0139] Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations mstockstill on DSK4VPTVN1PROD with NOTICES Background Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from June 2, 2011, to June 15, 2011. The last biweekly notice was published on June 14, 2011 (75 FR 34763). ADDRESSES: Please include Docket ID NRC–2011–0139 in the subject line of your comments. Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, https:// www.regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You may submit VerDate Mar<15>2010 16:46 Jun 27, 2011 Jkt 223001 comments by any one of the following methods: • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0139. Address questions about NRC dockets to Carol Gallagher, telephone: 301–492–3668; e-mail: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. You can access publicly available documents related to this notice using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at https://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. • Federal Rulemaking Web Site: Public comments and supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC–2011– 0139. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission’s regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; (2) create the possibility of a new or different kind of accident from PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 37845 any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment request is shown below. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission’s ’’Rules of Practice for Domestic Licensing Proceedings’’ in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission’s PDR, located at One White Flint North, Public File Area O1–F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The NRC regulations are accessible electronically from the NRC Library on the NRC Web site at https://www.nrc.gov/ reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37843-37845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16196]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2010-0059; Docket Nos. 50-275 and 50-323]


Pacific Gas and Electric Company, Diablo Canyon Power Plant, Unit 
1 and 2; Exemption

1.0 Background

    Pacific Gas and Electric Company (PG&E, the licensee) is the holder 
of Facility Operating License Nos. DPR-80 and DPR-82, which authorize 
operation of the Diablo Canyon Power Plant, Unit 1 and 2 (DCPP). 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 
San Luis Obispo County, California.

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 in the Federal Register 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 on September 11, 2001, and implemented by the 
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. It is from one of these additional requirements that 
PG&E now seeks an exemption from the implementation date. All other 
physical

[[Page 37844]]

security requirements established by this recent rulemaking have been 
implemented by the licensee.
    By letter dated April 13, 2011, the licensee requested an exemption 
in accordance with 10 CFR 73.5, ``Specific exemptions.'' The licensee 
submitted two letters on April 13, 2011, a version containing sensitive 
unclassified non-safeguards information (security-related) and a 
redacted version, which is publicly available in the Agencywide 
Documents Access and Management System (ADAMS) under Accession No. 
ML11112A022. By letter dated March 2, 2010 (ADAMS Accession No. 
ML100210207), the NRC granted a previous exemption to PG&E for specific 
items subject to the revised rule in 10 CFR 73.55, allowing the 
implementation to be deferred until June 30, 2011. The licensee has 
requested an additional exemption from the current implementation date 
established in the prior exemption, based on a significant change in 
scope of the project for one specific item needed to meet the 
requirements of the new rule. Specifically, the request is to extend 
the compliance date from the June 30, 2011, deadline to March 31, 2012, 
for one item. Granting this exemption for extending the implementation 
date for the one remaining item would allow the licensee to complete 
the modifications for a more conservative approach for achieving full 
compliance.

3.0 Discussion of Part 73 Schedule Exemption From the June 30, 2011, 
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.
    NRC approval of this exemption, as noted above, will allow an 
extension from June 30, 2011, until March 31, 2012, for the 
implementation date for one specific item in two specified areas of the 
new rule. As stated above, 10 CFR 73.5 allows the NRC to grant 
exemptions from the requirements of 10 CFR 73. The NRC staff has 
determined that granting of the licensee's proposed exemption 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, 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: letter dated June 4, 2009, 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 and discussed in the letter dated June 4, 2009.

DCPP Schedule Exemption Request

    The licensee provided detailed information in Enclosure 1 of its 
letter dated April 13, 2011, requesting an exemption. Enclosure 1 
describes a comprehensive plan for the implementation of one item 
regarding the construction, testing, and turnover of the new equipment 
to enhance the security capabilities at the DCPP site and provides a 
timeline for achieving full compliance with the new regulation. 
Enclosure 1 of the letter dated April 13, 2011, contains security-
related information regarding the site security plan, details of the 
specific requirements of the regulation and why the site cannot be in 
compliance by the June 30, 2011, deadline, 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 March 
31, 2012. The timeline provides dates indicating when construction will 
begin on various phases of the project (i.e., buildings, and fences) 
and critical equipment will be installed, tested and become 
operational.
    As described in its submittal dated April 13, 2011, the licensee 
stated that all parts of the new 10 CFR part 73 security measures will 
be implemented by June 30, 2011, except for the one specified item, for 
which the current security system will be maintained until the licensee 
is in full compliance. This will continue to provide acceptable 
physical protection of the DCPP.

4.0 Conclusion for Part 73 Schedule Exemption Request

    The NRC staff has reviewed the licensee's submittal and concludes 
that the licensee has provided adequate justification for its request 
for an extension of the compliance date to March 31, 2012 with regard 
to one item for two specified requirements of 10 CFR 73.55.
    Accordingly, the Commission has determined that pursuant to 10 CFR 
73.5, ``Specific exemptions,'' an exemption from the June 30, 2011, 
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.
    The NRC staff has determined that the long-term benefits that will 
be realized when the DCPP security modifications are complete justifies 
exceeding the full compliance date with regard to the specified 
requirements of 10 CFR 73.55. Therefore, the NRC concludes 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 consistent with the NRC's 
regulatory authority to grant an exemption from the June 30, 2011, 
deadline for the one item specified in Enclosure 1 of the PG&E letter 
dated April 13, 2011, the licensee is required to be in full compliance 
by March 31, 2012. In achieving compliance, the licensee is reminded 
that it is responsible for determining the appropriate licensing 
mechanism (i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of 
all necessary changes to its security plans.
    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 (January 3, 2011; 76 FR 187).
    This exemption is effective upon issuance.


[[Page 37845]]


    Dated at Rockville, Maryland, this 17th day of June 2011.

    For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2011-16196 Filed 6-27-11; 8:45 am]
BILLING CODE 7590-01-P

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