UniStar Nuclear Energy, Combined License Application for Calvert Cliffs Power Plant, Unit 3, Exemption, 4467-4469 [2013-01145]

Download as PDF Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices 51.22(c)(25), and the granting of this exemption will not have a significant impact on the human environment. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 8th day of January 2013. For the Nuclear Regulatory Commission. John Segala, Chief, Licensing Branch1, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2013–01148 Filed 1–18–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–016; NRC–2008–0250] UniStar Nuclear Energy, Combined License Application for Calvert Cliffs Power Plant, Unit 3, Exemption tkelley on DSK3SPTVN1PROD with 1.0 Background UniStar Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear Project, LLC and UniStar Nuclear Operating Services, LLC, 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 Calvert Cliffs Nuclear Power Plant, Unit 3 (CCNPP Unit 3), and is to be located in Calvert County, MD. The NRC docketed Part 2 of the CCNPP Unit 3 COL application on June 3, 2008. The CCNPP Unit 3 COL application incorporates by reference AREVA NP’s application for a standard design certification for the U.S. EPR. The NRC is currently performing concurrent reviews of the CCNPP Unit 3 COL application, as well as AREVA NP’s application for design certification of the U.S. EPR. UNE previously requested an exemption on November 8, 2011, pursuant to 10 CFR 50.71(e)(iii) to submit the scheduled 2011 update, and proposed, for approval, a new submittal deadline of March 30, 2012. The NRC granted the exemption as described in Federal Register notice (FR) 76 FR 81994 (December 29, 2011). 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 VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 the application’s Final Safety Analysis Report (FSAR), which is a part of the COL application. On March 27, 2012, UNE submitted Revision 8 to the COL application, including updates to the FSAR. Since this submittal was provided to satisfy their requested exemption of November 8, 2011, pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update is due by the end of December 2012. UNE has again requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2012 update, and proposed for approval, a new submittal deadline of March 29, 2013, for the next FSAR update. 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. The current FSAR update schedule could not be changed, absent the exemption. UNE requested the exemption by letter dated November 2, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12311A270). Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s ADAMS, which provides text and image files of NRC’s public documents. The ADAMS accession numbers for the documents related to this notice are ML12341A189 and ML12341A262. 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)). PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 4467 UNE commits to submit the next COL FSAR update by March 29, 2013, 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 CCNPP Unit 3 COL application FSAR would provide only temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). 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 CCNPP Unit 3 COL application FSAR update on or before March 29, 2013. Per 10 CFR 50.12. 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. 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 on or before March 29, 2013. 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 E:\FR\FM\22JAN1.SGM 22JAN1 4468 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices tkelley on DSK3SPTVN1PROD with 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 CCNPP Unit 3 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 8 to the COL application on March 27, 2012. This COLA revision incorporated changes resulting from Revision 3 of the U.S. EPR FSAR and COLA changes resulting from UNE’s responses to the NRC requests for additional information submitted through February 12, 2012. 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 VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 that this specific exemption request is eligible for categorical exclusion as identified in 10 CFR 51.22(c)(25). Under 10 CFR 51.22(c)(25), granting of an exemption from the requirements of any regulation of 10 CFR Chapter 1 [which includes 10 CFR 50.71(e)(3)(iii)] is an action that is a categorical exclusion, provided that: (i) There is no significant hazards consideration; (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) There is no significant construction impact; (v) There is no significant increase in the potential for or consequences from radiological accidents; and (vi) The requirements from which an exemption is sought involve: (A) Recordkeeping requirements; (B) Reporting requirements; (C) Inspection or surveillance requirements; (D) Equipment servicing or maintenance scheduling requirements; (E) Education, training, experience, qualification, requalification or other employment suitability requirements; (F) Safeguard plans, and materials control and accounting inventory scheduling requirements; (G) Scheduling requirements; (H) Surety, insurance or indemnity requirements; or (I) Other requirements of an administrative, managerial, or organizational nature. The requirements from which this exemption is sought involve only (B) Reporting requirements; or (G) Scheduling requirements of those required by 10 CFR 51.22(c)(25)(vi). The NRC staff’s determination that each of the applicable criteria for this categorical exclusion is met is justified as follows: I. 10 CFR 51.22(c)(25)(i) There is no significant hazards consideration; Staff Analysis: The criteria for determining if an exemption involves a 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 is currently underway. Therefore, there are no significant hazard considerations because granting the proposed exemption would not: (1) Involve a significant increase in the probability or consequences of an accident previously evaluated; or PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 (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. 10 CFR 51.22(c)(25)(ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; Staff Analysis: 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. 10 CFR 51.22(c)(25)(iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; Staff Analysis: 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. 10 CFR 51.22(c)(25)(iv) There is no significant construction impact; Staff Analysis: The proposed action involves only a schedule change which is administrative in nature. The application review is underway and no license will be issued prior to receipt of the aforementioned application’s March 29, 2013, submittal of the revised FSAR, therefore, the proposed action does not involve any construction impact. V. 10 CFR 51.22(c)(25)(v) There is no significant increase in the potential for or consequences from radiological accidents; Staff Analysis: The proposed action involves only a schedule change which is administrative in nature and does not impact the probability or consequences of accidents. VI. 10 CFR 51.22(c)(25)(vi) The requirements from which this exemption is sought involve only (B) Reporting requirements; or (G) Scheduling requirements of those required this regulation. Staff Analysis: The exemption request involves requirements in both of these categories because it involves submitting an updated COL FSAR by JUNE and also relates to the schedule for submitting COL 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 health and safety, and is consistent with the common defense and security. Also, special circumstances are present. E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices Therefore, the NRC hereby grants UNE a one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the CCNPP Unit 3 COL application to allow submittal of the next FSAR update, no later than March 29, 2013. 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 impact on the human environment. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 8th day of January 2013. For the Nuclear Regulatory Commission. John Segala, Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2013–01145 Filed 1–18–13; 8:45 am] BILLING CODE 7590–01–P I. Accessing Information and Submitting Comments NUCLEAR REGULATORY COMMISSION A. Accessing Information [NRC–2013–0012] tkelley on DSK3SPTVN1PROD with Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations 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 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 or combined license, as applicable, 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 December 27, 2012 to January 9, 2013. The last biweekly notice was published on January 8, 2013 (78 FR 1267). ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and are publically available, by searching on http:// www.regulations.gov under Docket ID NRC–2013–0012. You may submit VerDate Mar<15>2010 18:11 Jan 18, 2013 comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0012. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: 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. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. SUPPLEMENTARY INFORMATION: Jkt 229001 Please refer to Docket ID NRC–2013– 0012 when contacting the NRC about the availability of information regarding this document. You may access information related to this document by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0012. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at http://www.nrc.gov/readingrm/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 staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. Documents may be viewed in ADAMS by performing a search on the document date and docket number. • 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. B. Submitting Comments Please include Docket ID NRC–2013– 0012 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 4469 that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined 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 section 50.92 of Title 10 of the Code of Federal Regulations (10 CFR), 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; 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. 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 E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4467-4469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01145]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-016; NRC-2008-0250]


UniStar Nuclear Energy, Combined License Application for Calvert 
Cliffs Power Plant, Unit 3, Exemption

1.0 Background

    UniStar Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear 
Project, LLC and UniStar Nuclear Operating Services, LLC, 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 Calvert 
Cliffs Nuclear Power Plant, Unit 3 (CCNPP Unit 3), and is to be located 
in Calvert County, MD. The NRC docketed Part 2 of the CCNPP Unit 3 COL 
application on June 3, 2008. The CCNPP Unit 3 COL application 
incorporates by reference AREVA NP's application for a standard design 
certification for the U.S. EPR. The NRC is currently performing 
concurrent reviews of the CCNPP Unit 3 COL application, as well as 
AREVA NP's application for design certification of the U.S. EPR. UNE 
previously requested an exemption on November 8, 2011, pursuant to 10 
CFR 50.71(e)(iii) to submit the scheduled 2011 update, and proposed, 
for approval, a new submittal deadline of March 30, 2012. The NRC 
granted the exemption as described in Federal Register notice (FR) 76 
FR 81994 (December 29, 2011).

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 COL application.
    On March 27, 2012, UNE submitted Revision 8 to the COL application, 
including updates to the FSAR. Since this submittal was provided to 
satisfy their requested exemption of November 8, 2011, pursuant to 10 
CFR 50.71(e)(3)(iii), the next annual update is due by the end of 
December 2012. UNE has again requested a one-time exemption from the 10 
CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2012 update, 
and proposed for approval, a new submittal deadline of March 29, 2013, 
for the next FSAR update.
    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. The current 
FSAR update schedule could not be changed, absent the exemption. UNE 
requested the exemption by letter dated November 2, 2012 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML12311A270). Documents related to this action, including the 
application for amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's ADAMS, which provides text and image files of NRC's public 
documents. The ADAMS accession numbers for the documents related to 
this notice are ML12341A189 and ML12341A262.

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)).
    UNE commits to submit the next COL FSAR update by March 29, 2013, 
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 CCNPP Unit 3 COL application FSAR would provide only 
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii).

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 CCNPP Unit 3 COL application FSAR update on or 
before March 29, 2013. Per 10 CFR 50.12. 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. 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 on or before March 29, 2013. 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

[[Page 4468]]

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 CCNPP Unit 
3 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 
8 to the COL application on March 27, 2012. This COLA revision 
incorporated changes resulting from Revision 3 of the U.S. EPR FSAR and 
COLA changes resulting from UNE's responses to the NRC requests for 
additional information submitted through February 12, 2012. 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). Under 10 CFR 51.22(c)(25), granting of an exemption from 
the requirements of any regulation of 10 CFR Chapter 1 [which includes 
10 CFR 50.71(e)(3)(iii)] is an action that is a categorical exclusion, 
provided that:
    (i) There is no significant hazards consideration;
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    (iv) There is no significant construction impact;
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents; and
    (vi) The requirements from which an exemption is sought involve:
    (A) Recordkeeping requirements;
    (B) Reporting requirements;
    (C) Inspection or surveillance requirements;
    (D) Equipment servicing or maintenance scheduling requirements;
    (E) Education, training, experience, qualification, requalification 
or other employment suitability requirements;
    (F) Safeguard plans, and materials control and accounting inventory 
scheduling requirements;
    (G) Scheduling requirements;
    (H) Surety, insurance or indemnity requirements; or
    (I) Other requirements of an administrative, managerial, or 
organizational nature.
    The requirements from which this exemption is sought involve only 
(B) Reporting requirements; or (G) Scheduling requirements of those 
required by 10 CFR 51.22(c)(25)(vi).
    The NRC staff's determination that each of the applicable criteria 
for this categorical exclusion is met is justified as follows:
    I. 10 CFR 51.22(c)(25)(i) There is no significant hazards 
consideration;
    Staff Analysis: The criteria for determining if an exemption 
involves a 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 is currently underway. Therefore, there are no significant 
hazard 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. 10 CFR 51.22(c)(25)(ii) There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite;
    Staff Analysis: 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. 10 CFR 51.22(c)(25)(iii) There is no significant increase in 
individual or cumulative public or occupational radiation exposure;
    Staff Analysis: 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. 10 CFR 51.22(c)(25)(iv) There is no significant construction 
impact;
    Staff Analysis: The proposed action involves only a schedule change 
which is administrative in nature. The application review is underway 
and no license will be issued prior to receipt of the aforementioned 
application's March 29, 2013, submittal of the revised FSAR, therefore, 
the proposed action does not involve any construction impact.
    V. 10 CFR 51.22(c)(25)(v) There is no significant increase in the 
potential for or consequences from radiological accidents;
    Staff Analysis: The proposed action involves only a schedule change 
which is administrative in nature and does not impact the probability 
or consequences of accidents.
    VI. 10 CFR 51.22(c)(25)(vi) The requirements from which this 
exemption is sought involve only (B) Reporting requirements; or (G) 
Scheduling requirements of those required this regulation.
    Staff Analysis: The exemption request involves requirements in both 
of these categories because it involves submitting an updated COL FSAR 
by JUNE and also relates to the schedule for submitting COL 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 health and safety, and is consistent with the common defense 
and security. Also, special circumstances are present.

[[Page 4469]]

Therefore, the NRC hereby grants UNE a one-time exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the CCNPP Unit 3 
COL application to allow submittal of the next FSAR update, no later 
than March 29, 2013.
    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 impact on the human environment.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 8th day of January 2013.

    For the Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2013-01145 Filed 1-18-13; 8:45 am]
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