Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services, LLC Combined License Application for Nine Mile Point 3 Nuclear Power Plant Exemption, 4879-4881 [2013-01326]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices Register notice with a 60-day comment period on this information collection on September 24, 2012 (77 FR 58871). 1. Type of submission, new, revision, or extension: New. 2. The title of the information collection: NRC Reactor Vendor Registration. 3. Current OMB approval number: 3150–XXXX. 4. The form number if applicable: N/ A. 5. How often the collection is required: Annually. 6. Who will be required or asked to report: Power reactor licensee and applicants, and vendors are asked to report voluntary. 7. An estimate of the number of annual responses: 192. 8. The estimated number of annual respondents: 192. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 183.5. 10. Abstract: The NRC is commencing an effort to identify vendors of safetyrelated parts and services to nuclear power plants both directly (vendors) and indirectly (sub-vendors). For the purpose of this document, the term vendor includes supplier. The NRC licensees and applicants are responsible for the safety of facilities licensed by the NRC. As such, they are responsible for ensuring that their vendors meet applicable regulations and requirements, both technical and quality, in purchase documents. In order to ensure that licensees are meeting the regulatory requirements in this area, the NRC inspects vendors to evaluate their conformance with technical and quality requirements in part 21 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Reporting of Defects and Noncompliance,’’ and Appendix B, ‘‘Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants,’’ to 10 CFR Part 50, as required by procurement contracts with licensees. There is no requirement for vendors to register with the NRC. This collection will assist the NRC in assessing the number and variety of vendors of safety-related parts and services for resource and vendor inspection planning. As part of that effort, the NRC plans to (1) issue a communication to power reactor licensee and applicants requesting the voluntary submittal of vendor information and (2) create a Web page on its public Web site that allows vendor and sub-vendor information to be submitted individually. When power reactor licensee and applicants respond either by submitting their information by mail or online they will be asked to VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 provide the following information: Vendor names, vendor addresses, vendor points of contact, vendor point of contact email address, vendor telephone number, scope of supply, and comments. Additionally, Vendors will also be able to use this Web page voluntarily to complete self registration. The public may examine and have copied for a fee publicly available documents, including the final supporting statement, at the NRC’s Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC’s Web site: http://www.nrc.gov/ public-involve/doc-comment/omb/. The document will be available on the NRC’s home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by February 22, 2013. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150–XXXX), NEOB–10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Chad_S_Whiteman@omb.eop.gov or submitted by telephone at 202–395– 4718. The NRC Clearance Officer is Tremaine Donnell, 301–415–6258. Dated at Rockville, Maryland, this 16th day of January, 2013. For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2013–01204 Filed 1–22–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–038; NRC–2008–0581] Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services, LLC Combined License Application for Nine Mile Point 3 Nuclear Power Plant Exemption 1.0 Background Nine Mile Point 3 Nuclear Project, LLC, and UniStar Nuclear Operating Services, LLC (UniStar), submitted a Combined License (COL) Application for a single unit of AREVA NP’s U.S. EPR to the U.S. Nuclear Regulatory Commission (NRC) in accordance with PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 4879 the requirements of Title 10 of the Code of Federal Regulations (10 CFR), subpart C of part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants.’’ This reactor is to be identified as Nine Mile Point 3 Nuclear Power Plant (NMP3NPP), and located adjacent to the current Nine Mile Point Nuclear Station, Unit 1 and Unit 2, in Oswego County, New York. The NMP3NPP COL application incorporates by reference AREVA NP’s application for a Standard Design Certification for the U.S. EPR. Additionally, the NMP3NPP COL application is based upon the U.S. EPR reference COL (RCOL) application for UniStar’s Calvert Cliffs Nuclear Power Plant, Unit 3 (CCNPP3). The NRC docketed the NMP3NPP COL application on December 12, 2008. On March 31, 2009, UNE submitted Revision 1 to the COL application, including updates to the Final Safety Analysis Report (FSAR). On December 1, 2009, UniStar Nuclear Energy (UNE), acting on behalf of the COL applicant’s Nine Mile Point 3 Nuclear Project, LLC, and UniStar Nuclear Operating Services, LLC, requested that the NRC temporarily suspend the NMP3NPP COL application review, including any supporting reviews by external agencies, until further notice. Based on this request, the NRC discontinued all review activities associated with the NMP3NPP COL application. By letter to the NRC dated December 9, 2010, UNE 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 32994 (June 7, 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 Final Safety Analysis Report (FSAR), which is a part of the application. Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the NMP3NPP COL application FSAR would be due in December 2012. By letter to the NRC dated November 27, 2012, UNE E:\FR\FM\23JAN1.SGM 23JAN1 4880 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2012 COL application FSAR update, and proposed for approval of a new submittal deadline of December 31, 2013, for the next FSAR update. UNE’s requested exemption is a onetime schedule change from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE to submit the next FSAR update by December 31, 2013. The current FSAR update schedule could not be changed, absent the exemption. UNE requested the exemption by letter dated November 27, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession Number ML12342A012). The NRC notes that the granting of the exemption applies prospectively, rather than retroactively, so this exemption applies to required actions from the date of exemption issuance and does not retroactively authorize a previous failure to take required action. 3.0 Discussion Pursuant to 10 CFR 50.12, the NRC may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50, including Section 50.71(e)(3)(iii) when: (1) the exemptions are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and 2) special circumstances are present. As relevant to the requested exemption, special circumstances exist if: (1)‘‘Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule’’ (10 CFR 50.12(a)(2)(ii)); or (2) ‘‘The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation’’ (10 CFR 50.12(a)(2)(v)). The review of the NMP3NPP COL application FSAR has been suspended since December 1, 2009. Since the COL application incorporates by reference the application for a Standard Design Certification for the U.S. EPR, many changes in the U.S. EPR FSAR require an associated change to the COL application FSAR, and because the NRC review of the COL application is suspended, the updates to the COL application FSAR will not be reviewed by the NRC staff until the NMP3NPP COL application review is resumed. Thus, the optimum time to prepare a revision to the COL application FSAR is VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 sometime prior to UNE requesting the NRC to resume its review. Preparing and submitting a COL application FSAR update when the review remains suspended and in the absence of any decision by UNE to request the NRC to resume the review would require UNE to spend significant time and effort, and would be of no value, particularly due to the fact that the U.S. EPR FSAR is still undergoing periodic revisions and updates. UNE commits to submit the next FSAR update by December 31, 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 NMP3NPP COL application FSAR would provide only temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). UNE has made good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by submitting Revision 1 to the COL application on March 31, 2009, prior to requesting the review suspension. Revision 1 incorporated information provided in prior supplements and standardized language with the RCOL application. Authorized by Law The exemption is a one-time schedule exemption from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE to submit the next NMP3NPP COL application FSAR update on or before December 31, 2013. As stated above, 10 CFR 50.12 allows the NRC to grant exemptions. The NRC staff has determined that granting UNE the requested one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii) will provide only temporary relief from this regulation and will not result in a violation of the Atomic Energy Act of 1954, as amended, or the NRC’s regulations. Therefore, the exemption is authorized by law. No Undue Risk to Public Health and Safety The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for a timely and comprehensive update of the FSAR associated with a COL application in order to support an effective and efficient review by the NRC staff and issuance of the NRC staff’s safety evaluation report. The requested exemption is solely administrative in nature, in that it pertains to the schedule for submittal to the NRC of revisions to an application under 10 CFR Part 52, for which a license has not been granted. In addition, since the PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 review of the application has been suspended, any update to the application submitted by UNE will not be reviewed by the NRC at this time. Based on the nature of the requested exemption as described above, no new accident precursors are created by the exemption; thus, neither the probability nor the consequences of postulated accidents are increased. Therefore, there is no undue risk to public health and safety. Consistent With Common Defense and Security The requested exemption would allow UNE to submit the next FSAR update on or before December 31, 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 whenever: (1) ‘‘Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule’’ (10 CFR 50.12(a)(2)(ii)); or (2) ‘‘The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation’’ (10 CFR 50.12(a)(2)(v)). The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for a timely and comprehensive update of the FSAR associated with a COL application in order to support an effective and efficient review by the NRC staff and issuance of the NRC staff’s safety evaluation report. As discussed above, the requested one-time exemption is solely administrative in nature, in that it pertains to a one-time schedule change for submittal of revisions to an application under 10 CFR Part 52, for which a license has not been granted. The requested one-time exemption will permit UNE time to carefully review the most recent revisions of the U.S. EPR FSAR, and fully incorporate these revisions into a comprehensive update of the FSAR associated with the NMP3NPP COL application. This onetime exemption will support the NRC staff’s effective and efficient review of the COL application when resumed, as well as issuance of the safety evaluation report. For this reason, application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances is not necessary to achieve the underlying purpose of that rule. Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). In E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices addition, special circumstances are also present under 10 CFR 50.12(a)(2)(v) because granting a one-time exemption from 10 CFR 50.71(e)(3)(iii) would provide only temporary relief, and UNE has made good faith efforts to comply with the regulation by submitting Revision 1 to the COL application on March 31, 2009, prior to requesting the review suspension. Revision 1 incorporated information provided in prior supplements and standardized language with the RCOL application. For the above reasons, the special circumstances required by 10 CFR 50.12(a)(2) for the granting of an exemption from 10 CFR 50.71(e)(3)(iii) exist. wreier-aviles on DSK5TPTVN1PROD with 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 VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 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 UNE (G) Scheduling requirements; The proposed exemption relates to the schedule for submitting FSAR updates to the NRC. 4.0 Conclusion Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the NRC hereby grants UNE a one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the NMP3NPP COL application to allow submittal of the next FSAR update no later than December 31, 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 effect on the quality of the human environment. This exemption is effective upon issuance. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 4881 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. 2013–01326 Filed 1–22–13; 8:45 am] BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Excepted Service U.S. Office of Personnel Management (OPM). AGENCY: ACTION: Notice. This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from November 1, 2012, to November 31, 2012. SUMMARY: FOR FURTHER INFORMATION CONTACT: Senior Executive Resources Services, Executive Resources and Employee Development, Employee Services, 202– 606–2246. In accordance with 5 CFR 213.103, Schedule A, B, and C appointing authorities available for use by all agencies are codified in the Code of Federal Regulations (CFR). Schedule A, B, and C appointing authorities applicable to a single agency are not codified in the CFR, but the Office of Personnel Management (OPM) publishes a notice of agency-specific authorities established or revoked each month in the Federal Register at www.gpo.gov/fdsys/. OPM also publishes annually a consolidated listing of all Schedule A, B, and C appointing authorities current as of June 30 as a notice in the Federal Register. SUPPLEMENTARY INFORMATION: Schedule A No schedule A authorities to report during November 2012. Schedule B No schedule B authorities to report during November 2012. Schedule C The following Schedule C appointing authorities were approved during November 2012. E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4879-4881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01326]


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NUCLEAR REGULATORY COMMISSION

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


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

1.0 Background

    Nine Mile Point 3 Nuclear Project, LLC, and UniStar Nuclear 
Operating Services, LLC (UniStar), submitted a Combined License (COL) 
Application for a single unit of AREVA NP's U.S. EPR to the U.S. 
Nuclear Regulatory Commission (NRC) in accordance with the requirements 
of Title 10 of the Code of Federal Regulations (10 CFR), subpart C of 
part 52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.'' This reactor is to be identified as Nine Mile Point 3 Nuclear 
Power Plant (NMP3NPP), and located adjacent to the current Nine Mile 
Point Nuclear Station, Unit 1 and Unit 2, in Oswego County, New York. 
The NMP3NPP COL application incorporates by reference AREVA NP's 
application for a Standard Design Certification for the U.S. EPR. 
Additionally, the NMP3NPP COL application is based upon the U.S. EPR 
reference COL (RCOL) application for UniStar's Calvert Cliffs Nuclear 
Power Plant, Unit 3 (CCNPP3). The NRC docketed the NMP3NPP COL 
application on December 12, 2008. On March 31, 2009, UNE submitted 
Revision 1 to the COL application, including updates to the Final 
Safety Analysis Report (FSAR). On December 1, 2009, UniStar Nuclear 
Energy (UNE), acting on behalf of the COL applicant's Nine Mile Point 3 
Nuclear Project, LLC, and UniStar Nuclear Operating Services, LLC, 
requested that the NRC temporarily suspend the NMP3NPP COL application 
review, including any supporting reviews by external agencies, until 
further notice. Based on this request, the NRC discontinued all review 
activities associated with the NMP3NPP COL application. By letter to 
the NRC dated December 9, 2010, UNE 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 32994 (June 7, 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 Final Safety 
Analysis Report (FSAR), which is a part of the application.
    Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the 
NMP3NPP COL application FSAR would be due in December 2012. By letter 
to the NRC dated November 27, 2012, UNE

[[Page 4880]]

requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii) 
requirements to submit the scheduled 2012 COL application FSAR update, 
and proposed for approval of a new submittal deadline of December 31, 
2013, for the next FSAR update.
    UNE's 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 by December 31, 2013. The current FSAR 
update schedule could not be changed, absent the exemption. UNE 
requested the exemption by letter dated November 27, 2012 (Agencywide 
Documents Access and Management System (ADAMS) Accession Number 
ML12342A012). The NRC notes that the granting of the exemption applies 
prospectively, rather than retroactively, so this exemption applies to 
required actions from the date of exemption issuance and does not 
retroactively authorize a previous failure to take required action.

3.0 Discussion

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

Authorized by Law

    The exemption is a one-time schedule exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE 
to submit the next NMP3NPP COL application FSAR update on or before 
December 31, 2013. As stated above, 10 CFR 50.12 allows the NRC to 
grant exemptions. The NRC staff has determined that granting UNE the 
requested one-time exemption from the requirements of 10 CFR 
50.71(e)(3)(iii) will provide only temporary relief from this 
regulation and will not result in a violation of the Atomic Energy Act 
of 1954, as amended, or the NRC's regulations. Therefore, the exemption 
is authorized by law.

No Undue Risk to Public Health and Safety

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

Consistent With Common Defense and Security

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

[[Page 4881]]

addition, special circumstances are also present under 10 CFR 
50.12(a)(2)(v) because granting a one-time exemption from 10 CFR 
50.71(e)(3)(iii) would provide only temporary relief, and UNE has made 
good faith efforts to comply with the regulation by submitting Revision 
1 to the COL application on March 31, 2009, prior to requesting the 
review suspension. Revision 1 incorporated information provided in 
prior supplements and standardized language with the RCOL application. 
For the above reasons, the special circumstances required by 10 CFR 
50.12(a)(2) for the granting of an exemption from 10 CFR 
50.71(e)(3)(iii) exist.

Eligibility for Categorical Exclusion From Environmental Review

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

The proposed exemption relates to the schedule for submitting FSAR 
updates to the NRC.

4.0 Conclusion

    Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12, 
the exemption is authorized by law, will not present an undue risk to 
the public health and safety, and is consistent with the common defense 
and security. Also, special circumstances are present. Therefore, the 
NRC hereby grants UNE a one-time exemption from the requirements of 10 
CFR 50.71(e)(3)(iii) pertaining to the NMP3NPP COL application to allow 
submittal of the next FSAR update no later than December 31, 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 effect on the quality of 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. 2013-01326 Filed 1-22-13; 8:45 am]
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