Ameren Missouri; Combined License Application For Callaway Plant, Unit 2; Exemption, 76539-76541 [2012-31199]
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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–037; NRC–2008–0556]
Ameren Missouri; Combined License
Application For Callaway Plant, Unit 2;
Exemption
1.0
Background
tkelley on DSK3SPTVN1PROD with
Union Electric Company, doing
business as Ameren UE, 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 Callaway Plant
(Callaway), Unit 2, and located at the
current Callaway County, Missouri site
of the Callaway Power Plant. The
Callaway, Unit 2, COL application is
based upon and linked to the U.S. EPR
reference COL (RCOL) application for
UniStar’s Calvert Cliffs Nuclear Power
Plant, Unit 3 (CCNPP3). The NRC
docketed the Callaway, Unit 2, COL
application on December 12, 2008. On
February 25, 2009, Ameren submitted
Revision 1 to the COL application,
including updates to the Final Safety
Analysis Report (FSAR). In its letter to
the NRC dated April 28, 2009, Ameren
informed the NRC that it was
suspending its efforts to build a nuclear
power plant in Missouri. Subsequently,
by letter dated June 23, 2009, Ameren
requested the NRC to suspend all review
activities relating to the Callaway, Unit
2, COL application. The NRC informed
Ameren by letter dated June 29, 2009,
that it had suspended all review
activities relating to the Callaway, Unit
2, COL application. By letter to the NRC
dated October 26, 2010, Ameren
requested a one-time exemption from
the 10 CFR 50.71(e)(3)(iii) requirements
to submit the scheduled 2010 and 2011
COL application FSAR updates, and
proposed for approval of a new
submittal deadline of December 31,
2012, for the next FSAR update. The
NRC granted the exemption as described
in Federal Register Notice (FRN) 76 FR
3927 (January 21, 2011). 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
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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 FSAR, which is a part
of the application.
Pursuant to 10 CFR 50.71(e)(3)(iii),
the next annual update of the Callaway,
Unit 2, COL application FSAR would be
due in December 2012. By letter to the
NRC dated October 15, 2012, Ameren
requested a one-time exemption from
the 10 CFR 50.71(e)(3)(iii) requirements
to submit the scheduled 2012 as well as
the 2013 COL application FSAR
updates, and proposed for approval of a
new submittal deadline of December 31,
2014, for the next FSAR update.
Ameren’s requested exemption is a
one-time schedule change from the
requirements of 10 CFR 50.71(e)(3)(iii).
The exemption would allow Ameren to
submit the next FSAR update at a later
date, but still in advance of NRC’s
reinstating its review of the application
and in any event, by December 31, 2014.
The current FSAR update schedule
could not be changed, absent the
exemption. Ameren requested the
exemption by letter dated October 15,
2012 (Agencywide Documents Access
and Management System (ADAMS)
Accession Number ML12311A370).
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 § 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 Callaway, Unit 2,
COL application FSAR has been
suspended since June 29, 2009. Since
the COL application FSAR is directly
linked to the CCNPP3 RCOL
application, many changes in the RCOL
application require an associated change
to the COL application FSAR and,
because the NRC review of the COL
application is suspended, the updates to
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76539
the FSAR will not be reviewed by the
NRC staff until the Callaway, Unit 2,
COL application review is resumed.
Thus, the optimum time to prepare a
revision to the COL application FSAR is
sometime prior to Ameren 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 Ameren to request the NRC
to resume the review would require
Ameren to spend significant time and
effort and would be of no value,
particularly due to the fact that the
RCOL application and the U.S. EPR
FSAR are still undergoing periodic
revisions and updates. Furthermore, the
adjudicatory proceedings related to the
Callaway, Unit 2, COL application were
terminated by the Atomic Safety and
Licensing Board (ASLB) after
agreements were made between
Ameren, the NRC, and the petitioners
for intervention, as documented in
‘‘AMERENUE (Callaway Plant Unit 2)
MEMORANDUM AND ORDER
(Approving Settlement Agreement and
Terminating Contested Adjudicatory
Proceeding) LBP–09–23 (August 28,
2009)’’ (ADAMS Accession No.
ML092400189). Ameren 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, 2014.
Ameren would need to identify all
committed changes to the RCOL
application since the last revisions to
the RCOL application and the U.S. EPR
FSAR in order to prepare a COL
application FSAR revision that
accurately and completely reflects the
committed changes to the RCOL
application as well as the U.S. EPR
FSAR.
The requested one-time exemption to
defer submittal of the next update to the
Callaway, Unit 2, COL application
FSAR would provide only temporary
relief from the regulations of 10 CFR
50.71(e)(3)(iii). Ameren has made good
faith efforts to comply with 10 CFR
50.71(e)(3)(iii) by submitting Revision 1
to the COL application dated February
25, 2009, prior to requesting the review
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 Ameren to submit the next
Callaway Unit 2 COL application FSAR
update on or before December 31, 2014,
in lieu of the required scheduled
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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Notices
submittals in December 2012, and
December 2013. As stated above, 10 CFR
50.12 allows the NRC to grant
exemptions. The NRC staff has
determined that granting Ameren 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 Ameren 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 Ameren to submit the next FSAR
update prior to requesting the NRC to
resume the review and, in any event, on
or before December 31, 2014. This
schedule change has no relation to
security issues. Therefore, the common
defense and security is not impacted by
this exemption.
tkelley on DSK3SPTVN1PROD with
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
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Jkt 229001
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 Ameren time to carefully review
the most recent revisions of the RCOL
application and the U.S. EPR FSAR, and
fully incorporate these revisions into a
comprehensive update of the FSAR
associated with the Callaway, Unit 2,
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,
and therefore does not affect the
underlying purpose of 10 CFR
50.71(e)(3)(iii). Under the circumstances
that Ameren has suspended its pursuit
of the COL, the NRC has suspended its
review of the application, and the
adjudicatory proceedings have been
terminated by ASLB, application of 10
CFR 50.71(e)(3)(iii) would result in
Ameren spending significant time and
effort in incorporating changes made to
the RCOL application as well as the U.S.
EPR FSAR into the Callaway, Unit 2,
COL application, but not achieve the
underlying purpose of that rule;
granting a one-time exemption from 10
CFR 50.71(e)(3)(iii) would provide only
temporary relief; and Ameren has made
good faith efforts to comply with the
regulation; therefore, 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:
(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;
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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 is 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.
(vi) The requirements from which an
exemption is sought involve:
(B) Reporting requirements;
The exemption request involves
submitting an updated FSAR by Ameren
and
(G) Scheduling requirements;
The proposed exemption relates to the
schedule for submitting FSAR updates
to the NRC.
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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Notices
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
health and safety, and is consistent with
the common defense and security. Also,
special circumstances are present.
Therefore, the NRC hereby grants
Ameren a one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the Callaway, Unit 2, 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,
2014.
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 17th day
of December 2012.
For the Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2012–31199 Filed 12–27–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–293; NRC–2012–0311]
Entergy Nuclear Operations, Inc.;
Pilgrim Nuclear Power Station
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact.
AGENCY:
Please refer to Docket ID
NRC–2012–0311 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0311. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS):
You may access publicly available
documents online in the NRC Library at
tkelley on DSK3SPTVN1PROD with
ADDRESSES:
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20:15 Dec 27, 2012
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https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference at 1–
800–397–4209, or 301–415–4737, or by
email to pdr.resource@nrc.gov. The
application for exemption dated
November 29, 2012, contains select
security-related information and,
accordingly, those portions are being
withheld from public disclosure. A
redacted version of the application for
exemption, dated November 29, 2012, is
available electronically under ADAMS
Accession No. ML12335A343.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption from Title 10
of the Code of Federal Regulations (10
CFR) Part 50, Appendix E, Section
IV.F.2.c, ‘‘Training,’’ for Renewed
Facility Operating License No. DPR–35,
to delay the requirement to perform the
offsite functions of the biennial
Emergency Preparedness (EP) exercise
from November 7, 2012 to March 2013,
as requested by Entergy Nuclear
Operations, Inc. (the licensee), for
operation of the Pilgrim Nuclear Power
Station (Pilgrim), located in Plymouth,
Massachusetts. As required by 10 CFR
51.21, ‘‘Criteria for and identification of
licensing and regulatory actions
requiring environmental assessments,’’
the NRC performed an environmental
assessment (EA). Based on the results of
the EA, the NRC is issuing a finding of
no significant impact.
II. Environmental Assessment
Summary
Identification of the Proposed Action
The proposed action would grant an
exemption from 10 CFR Part 50,
Appendix E, Section IV.F.2.c to delay
the requirement to perform the offsite
elements of the Pilgrim biennial EP
exercise to March 2013. Currently, the
licensee is required to complete the
exercise by the end of calendar year
2012. The proposed action is in
accordance with the licensee’s
application dated November 29, 2012
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML12335A343).
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76541
The Need for the Proposed Action
The proposed exemption from 10 CFR
Part 50, Appendix E, was submitted due
to the impact of Hurricane Sandy on the
availability of Federal, State, and local
government agencies and their
capability to support the fullparticipation biennial exercise
conducted on November 7, 2012. Due to
widespread damage and flooding
throughout the area, immediate
response efforts and long term resource
commitments were needed from the
Federal Emergency Management Agency
(FEMA), the Massachusetts Emergency
Management Agency (MEMA), and local
town officials in the Pilgrim Emergency
Planning Zone (EPZ). As a result, the
necessary participants from Federal,
State, and local agencies did not
participate in the previously planned
and scheduled Pilgrim biennial exercise
that was conducted on November 7,
2012. By electronic correspondence
dated November 26, 2012,1 FEMA and
the State of Massachusetts agreed to
postpone its evaluation of the exercise
until March 2013.
Environmental Impacts of the Proposed
Action
If the requested exemption were to be
approved by the NRC, the fullparticipation, FEMA-evaluated biennial
emergency exercise would not be
conducted until March 2013. Changing
the date of the exercise does not alter
the way the drill will be performed (e.g.,
use of roads or highways). Delaying
performance of the exercise does not
change any facility equipment or
operations. Thus, the proposed action
would not significantly increase the
probability or consequences of an
accident, create a new accident, change
the types or quantities of radiological
effluents that may be released offsite, or
result in a significant increase in public
or occupational radiation exposure.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC staff considered denial
of the proposed action (i.e., the noaction alternative). Denial of the
application would result in no change
in current environmental impacts.
Alternative Use of Resources
The action does not involve the use of
any different resources than those
previously considered in NUREG–1437,
Supplement 29, Volume 2, ‘‘Generic
Environmental Impact Statement for
1 This letter was not submitted directly to the
NRC, but is included as Attachment 3 to the
licensee’s exemption request.
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]]>Agencies
[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Pages 76539-76541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31199]
[[Page 76539]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-037; NRC-2008-0556]
Ameren Missouri; Combined License Application For Callaway Plant,
Unit 2; Exemption
1.0 Background
Union Electric Company, doing business as Ameren UE, 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
Callaway Plant (Callaway), Unit 2, and located at the current Callaway
County, Missouri site of the Callaway Power Plant. The Callaway, Unit
2, COL application is based upon and linked to the U.S. EPR reference
COL (RCOL) application for UniStar's Calvert Cliffs Nuclear Power
Plant, Unit 3 (CCNPP3). The NRC docketed the Callaway, Unit 2, COL
application on December 12, 2008. On February 25, 2009, Ameren
submitted Revision 1 to the COL application, including updates to the
Final Safety Analysis Report (FSAR). In its letter to the NRC dated
April 28, 2009, Ameren informed the NRC that it was suspending its
efforts to build a nuclear power plant in Missouri. Subsequently, by
letter dated June 23, 2009, Ameren requested the NRC to suspend all
review activities relating to the Callaway, Unit 2, COL application.
The NRC informed Ameren by letter dated June 29, 2009, that it had
suspended all review activities relating to the Callaway, Unit 2, COL
application. By letter to the NRC dated October 26, 2010, Ameren
requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii)
requirements to submit the scheduled 2010 and 2011 COL application FSAR
updates, and proposed for approval of a new submittal deadline of
December 31, 2012, for the next FSAR update. The NRC granted the
exemption as described in Federal Register Notice (FRN) 76 FR 3927
(January 21, 2011). 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 FSAR, which is
a part of the application.
Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the
Callaway, Unit 2, COL application FSAR would be due in December 2012.
By letter to the NRC dated October 15, 2012, Ameren requested a one-
time exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit
the scheduled 2012 as well as the 2013 COL application FSAR updates,
and proposed for approval of a new submittal deadline of December 31,
2014, for the next FSAR update.
Ameren's requested exemption is a one-time schedule change from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow
Ameren to submit the next FSAR update at a later date, but still in
advance of NRC's reinstating its review of the application and in any
event, by December 31, 2014. The current FSAR update schedule could not
be changed, absent the exemption. Ameren requested the exemption by
letter dated October 15, 2012 (Agencywide Documents Access and
Management System (ADAMS) Accession Number ML12311A370).
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 Sec. 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 Callaway, Unit 2, COL application FSAR has been
suspended since June 29, 2009. Since the COL application FSAR is
directly linked to the CCNPP3 RCOL application, many changes in the
RCOL application require an associated change to the COL application
FSAR and, because the NRC review of the COL application is suspended,
the updates to the FSAR will not be reviewed by the NRC staff until the
Callaway, Unit 2, COL application review is resumed. Thus, the optimum
time to prepare a revision to the COL application FSAR is sometime
prior to Ameren 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 Ameren to request the NRC to
resume the review would require Ameren to spend significant time and
effort and would be of no value, particularly due to the fact that the
RCOL application and the U.S. EPR FSAR are still undergoing periodic
revisions and updates. Furthermore, the adjudicatory proceedings
related to the Callaway, Unit 2, COL application were terminated by the
Atomic Safety and Licensing Board (ASLB) after agreements were made
between Ameren, the NRC, and the petitioners for intervention, as
documented in ``AMERENUE (Callaway Plant Unit 2) MEMORANDUM AND ORDER
(Approving Settlement Agreement and Terminating Contested Adjudicatory
Proceeding) LBP-09-23 (August 28, 2009)'' (ADAMS Accession No.
ML092400189). Ameren 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, 2014. Ameren would need to identify all
committed changes to the RCOL application since the last revisions to
the RCOL application and the U.S. EPR FSAR in order to prepare a COL
application FSAR revision that accurately and completely reflects the
committed changes to the RCOL application as well as the U.S. EPR FSAR.
The requested one-time exemption to defer submittal of the next
update to the Callaway, Unit 2, COL application FSAR would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii).
Ameren has made good faith efforts to comply with 10 CFR
50.71(e)(3)(iii) by submitting Revision 1 to the COL application dated
February 25, 2009, prior to requesting the review 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
Ameren to submit the next Callaway Unit 2 COL application FSAR update
on or before December 31, 2014, in lieu of the required scheduled
[[Page 76540]]
submittals in December 2012, and December 2013. As stated above, 10 CFR
50.12 allows the NRC to grant exemptions. The NRC staff has determined
that granting Ameren 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 Ameren 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 Ameren to submit the next FSAR
update prior to requesting the NRC to resume the review and, in any
event, on or before December 31, 2014. 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 Ameren time to carefully review the most recent
revisions of the RCOL application and the U.S. EPR FSAR, and fully
incorporate these revisions into a comprehensive update of the FSAR
associated with the Callaway, Unit 2, 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, and therefore does not affect the underlying purpose
of 10 CFR 50.71(e)(3)(iii). Under the circumstances that Ameren has
suspended its pursuit of the COL, the NRC has suspended its review of
the application, and the adjudicatory proceedings have been terminated
by ASLB, application of 10 CFR 50.71(e)(3)(iii) would result in Ameren
spending significant time and effort in incorporating changes made to
the RCOL application as well as the U.S. EPR FSAR into the Callaway,
Unit 2, COL application, but not achieve the underlying purpose of that
rule; granting a one-time exemption from 10 CFR 50.71(e)(3)(iii) would
provide only temporary relief; and Ameren has made good faith efforts
to comply with the regulation; therefore, 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:
(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 is 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.
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements;
The exemption request involves submitting an updated FSAR by Ameren
and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting FSAR
updates to the NRC.
[[Page 76541]]
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 health and safety, and is consistent with the common defense
and security. Also, special circumstances are present. Therefore, the
NRC hereby grants Ameren a one-time exemption from the requirements of
10 CFR 50.71(e)(3)(iii) pertaining to the Callaway, Unit 2, 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, 2014.
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 17th day of December 2012.
For the Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2012-31199 Filed 12-27-12; 8:45 am]
BILLING CODE 7590-01-P
