Entergy Operations, Inc.; Combined License Application for River Bend Unit 3, Exemption From the Requirements To Update a Final Safety Analysis Report Submitted as Part of a Combined License Application, 75376-75379 [2013-29558]
Download as PDF
<![CDATA[
75376
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Information Security Oversight Office
[NARA–2014–010]
State, Local, Tribal, and Private Sector
Policy Advisory Committee (SLTP–
PAC)
National Archives and Records
Administration (NARA).
ACTION: Meeting Notice.
AGENCY:
In accordance with the
Federal Advisory Committee Act, as
amended (5 U.S.C. appendix 2), the
National Archives and Records
Administration (NARA) announces a
meeting of the State, Local, Tribal, and
Private Sector Policy Advisory
Committee (SLTP–PAC). The meeting
will be held to discuss matters relating
to the Classified National Security
Information Program for State, Local,
Tribal, and Private Sector Entities. The
meeting will be open to the public.
DATES: The meeting will be held on
January 24, 2014, from 10:00 a.m. to
12:00 noon.
ADDRESSES: National Archives and
Records Administration; 700
Pennsylvania Avenue NW., Jefferson
Room; Washington, DC 20408.
FOR FURTHER INFORMATION CONTACT:
Robert J. Skwirot, Senior Program
Analyst, ISOO, National Archives
Building; 700 Pennsylvania Avenue
NW., Washington, DC 20408, at (202)
357–5398, or at robert.skwirot@nara.gov.
Contact ISOO at ISOO@nara.gov.
SUPPLEMENTARY INFORMATION: Due to
space limitations and access procedures,
you must submit to ISOO no later than
Friday, January 17, 2014, the name and
telephone number of individuals
planning to attend. ISOO will provide
additional instructions for gaining
access to the location of the meeting.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Adrian Dahood, ACA Permit Officer,
Division of Polar Programs, Rm. 755,
National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
Or by email: ACApermits@nsf.gov.
On
November 5, 2013 the National Science
Foundation published a notice in the
Federal Register of a permit application
received. After considering all
comments received, the permit was
issued on December 6, 2013 to: Ron
Naveen, Permit No. 2014–024.
SUPPLEMENTARY INFORMATION:
Nadene G. Kennedy,
Polar Coordination Specialist, Division of
Polar Programs.
[FR Doc. 2013–29533 Filed 12–10–13; 8:45 am]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Permits Issued Under the
Antarctic Conservation Act of 1978
AGENCY:
National Science Foundation.
Notice of permits issued under
the Antarctic Conservation of 1978,
Public Law 95–541.
ACTION:
The National Science
Foundation (NSF) is required to publish
notice of permits issued under the
Antarctic Conservation Act of 1978.
This is the required notice.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Adrian Dahood, ACA Permit Officer,
Division of Polar Programs, Rm. 755,
National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
Or by email: ACApermits@nsf.gov.
On
November 4, 2013 the National Science
Foundation published a notice in the
Federal Register of a permit application
received. After considering all
comments received, the permit was
issued on December 6, 2013 to: Lynn
Reed, Permit No. 2014–023.
SUPPLEMENTARY INFORMATION:
Dated: December 5, 2013.
Patrice Little Murray,
Acting Committee Management Officer.
[FR Doc. 2013–29538 Filed 12–10–13; 8:45 am]
BILLING CODE 7515–01–P
NATIONAL SCIENCE FOUNDATION
emcdonald on DSK67QTVN1PROD with NOTICES
notice of permits issued under the
Antarctic Conservation Act of 1978.
This is the required notice.
Nadene G. Kennedy,
Polar Coordination Specialist, Division of
Polar Programs.
Notice of Permits Issued Under the
Antarctic Conservation Act of 1978
National Science Foundation.
Notice of permits issued under
the Antarctic Conservation of 1978,
Public Law 95–541.
AGENCY:
[FR Doc. 2013–29534 Filed 12–10–13; 8:45 am]
ACTION:
BILLING CODE 7555–01–P
The National Science
Foundation (NSF) is required to publish
SUMMARY:
VerDate Mar<15>2010
17:00 Dec 10, 2013
Jkt 232001
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–036; NRC–2008–0616]
Entergy Operations, Inc.; Combined
License Application for River Bend
Unit 3, Exemption From the
Requirements To Update a Final Safety
Analysis Report Submitted as Part of
a Combined License Application
Nuclear Regulatory
Commission.
ACTION: Exemption.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a September
30, 2013, request from Entergy
Operations, Inc. (EOI) which requested
an exemption from Final Safety
Analysis Report (FSAR) updates
included in their Combined License
(COL) application. The NRC staff
reviewed this request and determined
that it is appropriate to grant the
exemption, but stipulated that the
updates to the FSAR must be submitted
prior to, or coincident with, the
resumption of the COL application
review or by December 31, 2014,
whichever comes first.
ADDRESSES: Please refer to Docket ID
NRC–2008–0616 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0616. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://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. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
the document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
SUMMARY:
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John
Klos, Office of New Reactors, U.S.
Nuclear Regulatory Commission,
Washington, DC, 20555–0001;
telephone: 301–415–5136; email:
John.Klos@nrc.gov.
SUPPLEMENTARY INFORMATION: The
following sections include the text of
the exemption in its entirety as issued
to EOI.
1.0
Background
On September 25, 2008, EOI
submitted to the NRC a COL application
for one Economic Simplified BoilingWater Reactor to be constructed and
operated near St. Francisville, Louisiana
in West Feliciana Parish. The NRC
accepted for docketing the River Bend
Station Unit 3 (RBS3) COL application
on December 4, 2008 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML083370275, Docket No. 52–036). On
January 9, 2009, EOI requested that the
NRC temporarily suspend review of the
application and the NRC granted EOI’s
request (ADAMS Accession No.
ML090080277) while the application
remained docketed. On December 3,
2012 (ADAMS Accession No.
ML12342A231), EOI submitted updates
to the Final Safety Analysis Report
(FSAR), per Section 50.71(e)(3)(iii) of
Title 10 of the Code of Federal
Regulations (10 CFR). On September 30,
2013 (ADAMS Accession No.
ML13275A066), EOI requested an
exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
COL FSAR updates.
emcdonald on DSK67QTVN1PROD with NOTICES
2.0
Request/Action
Section 50.71(e)(3)(iii) requires that
an applicant for a COL under Subpart C
of 10 CFR Part 52, must update their
FSAR annually during the period from
docketing the application to the
Commission making its 10 CFR
52.103(g) finding.
Pursuant to 10 CFR 50.71(e)(3)(iii) the
next annual update of the FSAR
concerning the RBS3 COL application
would be due in December 2013 as EOI
included an update to the FSAR in a
letter dated December 3, 2012 (ADAMS
Accession No. ML12342A231). By letter
dated January 9, 2009, EOI requested
that the NRC suspend review of the
RBS3 COL. The NRC granted EOI’s
request for suspension (ADAMS
Accession No. ML090080277) and all
review activities related to the RBS3
COL application were suspended while
the application remained docketed. In a
VerDate Mar<15>2010
17:00 Dec 10, 2013
Jkt 232001
letter dated, September 30, 2013
(ADAMS Accession No. ML13275A066),
EOI requested that the RBS3 COL
application be exempt from the 10 CFR
50.71(e)(3)(iii) requirements until the
time that EOI requests the NRC to
resume the review of the RBS3 COL
application review is made by EOI. Prior
to, or coincident with this reactivation
request, EOI commits to submit an
updated FSAR.
EOI’s requested exemption is
interpreted as a one-time schedule
change from the requirements of 10 CFR
50.71(e)(3)(iii). The exemption would
allow EOI 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 requirement could not be
changed, absent the exemption.
3.0
Discussion
Pursuant to 10 CFR 50.12 the
Commission may, upon application by
any interested person or upon its own
initiative, grant exemptions from the
requirements of 10 CFR Part 50,
including 10 CFR 50.71(e)(3)(iii) when:
(1) The exemption(s) 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: ‘‘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)(iii)) and if ‘‘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 purpose of 10 CFR 50.71(e)(3)(iii)
is to ensure that the NRC has the most
up to date information regarding the
COL application, in order to perform an
efficient and effective review. The rule
targeted those applications that are
being actively reviewed by the NRC.
Because EOI requested the NRC to
suspend its review of the RBS3 COL
application, compelling EOI to submit
its FSAR on an annual basis is not
necessary as the FSAR will not be
changed or updated until the review is
restarted. Requiring the updates would
result in undue hardship on EOI, and
the purpose of 10 CFR 50.71(e)(3)(iii)
would still be achieved if the update is
submitted prior to restarting the review
and in any event by December 31, 2014.
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
75377
The requested exemption to defer
submittal of the next update to the
FSAR included in the RBS3 COL
application would provide only
temporary relief from the regulations of
10 CFR 50.71(e)(3)(iii). As evidenced by
the proper submittal of annual updates
on December 6, 2010 (ADAMS
Accession No. ML103440074),
December 7, 2011 (ADAMS Accession
No. ML11343A568), and December 3,
2012 (ADAMS Accession No.
ML12342A231), EOI has made good
faith efforts to comply with 10 CFR
50.71(e)(3)(iii) prior to requesting
suspension of the review. EOI’s
exemption request asks the NRC to grant
exemption from 10 CFR 50.71(e)(3)(iii)
until a reactivation request is made by
EOI for the RBS3 COL application.
Because such a request is seen as openended and therefore not temporary, the
NRC included a December 31, 2014,
deadline as part of its review of the
exemption request.
For the reasons stated above, the
application of 10 CFR 50.71(e)(3)(iii) in
this particular circumstance can be
deemed unnecessary and the granting of
the exemption would allow only
temporary relief from a rule that the
applicant had made good faith efforts to
comply with, therefore special
circumstances are present.
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 EOI to submit the next
RBS3 FSAR update on or before
December 31, 2014, in lieu of the
required scheduled submittal in
December 2013. As stated above, 10 CFR
50.12 allows the NRC to grant
exemptions from the requirements of 10
CFR Part 50 . The NRC staff has
determined that granting EOI 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 purposes 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
E:\FR\FM\11DEN1.SGM
11DEN1
75378
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
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 EOI 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. Plant construction cannot
proceed until the NRC review of the
application is completed, a mandatory
hearing is completed and a license
decision is made, the probability of
postulated accidents is not increased.
Additionally, based on the nature of the
requested exemption, as described
above, no new accident precursors are
created by the exemption; thus neither
probability, nor the consequences of
postulated accidents are not increased.
Therefore, there is no undue risk to
public health and safety.
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(v) are present
whenever the exemption would provide
only temporary relief from the
regulation and the applicant has made
good faith efforts to comply with this
regulation. Because of the assumed and
imposed new deadline of December 31,
2014, EOI’s exemption request seeks
only temporary relief from the
requirement that it file an update to the
FSAR included in the RBS3 COL
application. Therefore, since the relief
from the requirements of 10 CFR
50.71(e)(3)(iii) would be temporary and
the applicant has made good faith
efforts to comply with the rule, and the
underlying purpose of the rule is not
served by application of the rule in this
circumstance, the special circumstances
required by 10 CFR 50.12(a)(2)(ii) and
10 CFR 50.12(a)(2)(v) 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:
emcdonald on DSK67QTVN1PROD with NOTICES
Consistent With Common Defense and
Security
The requested exemption would
allow EOI to submit the next FSAR
update prior to, or coincident with
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.
(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;
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(ii) are present
‘‘[a]pplication 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)). The underlying purpose
of 10 CFR 50.71(e)(3)(iii) is to ensure
that the NRC has the most up-to date
information in order to perform its
review of a COL application efficiently
and effectively. Because the requirement
to annually update the FSAR was
intended for active reviews and the
RBS3 COL application review is now
suspended, the application of this
regulation in this particular
circumstance is unnecessary in order to
achieve its underlying purpose. If the
NRC were to grant this exemption, and
EOI were then required to update its
FSAR by December 31, 2014, or prior to
any request to restart of their review, the
purpose of the rule would still be
achieved.
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
17:00 Dec 10, 2013
Jkt 232001
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
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 EOI
and
(G) Scheduling requirements;
The proposed exemption relates to the
schedule for submitting FSAR updates
to the NRC.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a)(1) and (2), 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 Commission hereby
grants EOI a one-time exemption from
the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the River
Bend Station Unit 3 COL application to
allow submittal of the next FSAR
update prior to, or coincident with 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
Commission 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.
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
Dated at Rockville, Maryland, this 4th day
of December 2013.
For The Nuclear Regulatory Commission.
Ronaldo Jenkins,
Chief, Licensing Branch 3, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2013–29558 Filed 12–10–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–024; NRC–2008–0233]
Entergy Operations, Inc.; Combined
License Application for Grand Gulf
Unit 3; Exemption From the
Requirements To Update a Final Safety
Analysis Report Submitted as Part of
a Combined License Application
Nuclear Regulatory
Commission.
ACTION: Exemption.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a September
30, 2013, request from Entergy
Operations, Inc. (EOI) which requested
an exemption from Final Safety
Analysis Report (FSAR) updates
included in their Combined License
(COL) application. The NRC staff
reviewed this request and determined
that it is appropriate to grant the
exemption, but stipulated that the
updates to the FSAR must be submitted
prior to, or coincident with, the
resumption of the COL application
review or by December 31, 2014,
whichever comes first.
ADDRESSES: Please refer to Docket ID
NRC–2008–0233 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0233. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://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
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:00 Dec 10, 2013
Jkt 232001
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
the document is referenced.
• 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.
FOR FURTHER INFORMATION CONTACT: John
Klos, Office of New Reactors, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–5136; email: John.Klos@
nrc.gov.
The
following sections include the text of
the exemption in its entirety as issued
to EOI.
SUPPLEMENTARY INFORMATION:
1.0
Background
On February 27, 2008, EOI submitted
to the NRC a COL application for one
Economic Simplified Boiling-Water
Reactor to be constructed and operated
at the Grand Gulf Nuclear Station
(GGNS) site in Claiborne County,
Mississippi. The NRC accepted for
docketing the Grand Gulf Nuclear
Station Unit 3 (GGNS3) COL application
on April 17, 2008 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML081050460, Docket No. 52–024). On
January 9, 2009, EOI requested that the
NRC temporarily suspend review of the
application and the NRC granted EOI’s
request (ADAMS Accession No.
ML090080523) while the application
remained docketed. On December 3,
2012 (ADAMS Accession No.
ML12342A231), EOI submitted updates
to the Final Safety Analysis Report
(FSAR), per Title 10 of the Code of
Federal Regulations (10 CFR)
Subsection 50.71(e)(3)(iii). On
September 30, 2013 (ADAMS Accession
No. ML13275A065), EOI requested an
exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
COL FSAR updates.
2.0
Request/Action
10 CFR 50.71(e)(3)(iii) requires that an
applicant for a COL under Subpart C of
10 CFR Part 52, must update their FSAR
annually during the period from
docketing the application to the
Commission making its 52.103(g)
finding.
Pursuant to 10 CFR 50.71(e)(3)(iii) the
next annual update of the FSAR
included in the GGNS3 COL application
would be due in December 2013 as EOI
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
75379
included an update to the FSAR in a
letter dated December 3, 2012 (ADAMS
Accession No. ML12342A231). By letter
dated January 9, 2009, (ADAMS
Accession No. ML090080523) EOI
requested that the NRC suspend review
of the GGNS3 COL. The NRC granted
EOI’s request for suspension and all
review activities related to the GGNS3
COL application were suspended while
the application remained docketed. In a
letter dated, September 30, 2013
(ADAMS Accession No. ML13275A065),
EOI requested that the GGNS3 COL
application be exempt from the
50.71(e)(3)(iii) requirements until the
time that EOI requests the NRC to
resume the review of the GGNS3 COL
application. Prior to, or coincident with
this reactivation request, EOI commits
to submit an updated FSAR.
EOI’s requested exemption is
interpreted as a one-time schedule
change from the requirements of 10 CFR
50.71(e)(3)(iii). The exemption would
allow EOI 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.
3.0 Discussion
Pursuant to 10 CFR 50.12 the
Commission 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 exemption(s) 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: ‘‘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)) and if ‘‘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 purpose of 10 CFR 50.71(e)(3)(iii)
is to ensure that the NRC has the most
up to date information regarding the
COL application, in order to perform an
efficient and effective review. The rule
targeted those applications that are
being actively reviewed by the NRC.
Because EOI requested the NRC to
suspend its review of the GGNS3 COL
application, compelling EOI to submit
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75376-75379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29558]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-036; NRC-2008-0616]
Entergy Operations, Inc.; Combined License Application for River
Bend Unit 3, Exemption From the Requirements To Update a Final Safety
Analysis Report Submitted as Part of a Combined License Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a September 30, 2013, request from Entergy
Operations, Inc. (EOI) which requested an exemption from Final Safety
Analysis Report (FSAR) updates included in their Combined License (COL)
application. The NRC staff reviewed this request and determined that it
is appropriate to grant the exemption, but stipulated that the updates
to the FSAR must be submitted prior to, or coincident with, the
resumption of the COL application review or by December 31, 2014,
whichever comes first.
ADDRESSES: Please refer to Docket ID NRC-2008-0616 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0616. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at 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 staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that the document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at
[[Page 75377]]
the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John Klos, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001;
telephone: 301-415-5136; email: John.Klos@nrc.gov.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to EOI.
1.0 Background
On September 25, 2008, EOI submitted to the NRC a COL application
for one Economic Simplified Boiling-Water Reactor to be constructed and
operated near St. Francisville, Louisiana in West Feliciana Parish. The
NRC accepted for docketing the River Bend Station Unit 3 (RBS3) COL
application on December 4, 2008 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML083370275, Docket No. 52-
036). On January 9, 2009, EOI requested that the NRC temporarily
suspend review of the application and the NRC granted EOI's request
(ADAMS Accession No. ML090080277) while the application remained
docketed. On December 3, 2012 (ADAMS Accession No. ML12342A231), EOI
submitted updates to the Final Safety Analysis Report (FSAR), per
Section 50.71(e)(3)(iii) of Title 10 of the Code of Federal Regulations
(10 CFR). On September 30, 2013 (ADAMS Accession No. ML13275A066), EOI
requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to
submit COL FSAR updates.
2.0 Request/Action
Section 50.71(e)(3)(iii) requires that an applicant for a COL under
Subpart C of 10 CFR Part 52, must update their FSAR annually during the
period from docketing the application to the Commission making its 10
CFR 52.103(g) finding.
Pursuant to 10 CFR 50.71(e)(3)(iii) the next annual update of the
FSAR concerning the RBS3 COL application would be due in December 2013
as EOI included an update to the FSAR in a letter dated December 3,
2012 (ADAMS Accession No. ML12342A231). By letter dated January 9,
2009, EOI requested that the NRC suspend review of the RBS3 COL. The
NRC granted EOI's request for suspension (ADAMS Accession No.
ML090080277) and all review activities related to the RBS3 COL
application were suspended while the application remained docketed. In
a letter dated, September 30, 2013 (ADAMS Accession No. ML13275A066),
EOI requested that the RBS3 COL application be exempt from the 10 CFR
50.71(e)(3)(iii) requirements until the time that EOI requests the NRC
to resume the review of the RBS3 COL application review is made by EOI.
Prior to, or coincident with this reactivation request, EOI commits to
submit an updated FSAR.
EOI's requested exemption is interpreted as a one-time schedule
change from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption
would allow EOI 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 requirement
could not be changed, absent the exemption.
3.0 Discussion
Pursuant to 10 CFR 50.12 the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR Part 50, including 10 CFR 50.71(e)(3)(iii)
when: (1) The exemption(s) 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:
``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)(iii))
and if ``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 purpose of 10 CFR 50.71(e)(3)(iii) is to ensure that the NRC
has the most up to date information regarding the COL application, in
order to perform an efficient and effective review. The rule targeted
those applications that are being actively reviewed by the NRC. Because
EOI requested the NRC to suspend its review of the RBS3 COL
application, compelling EOI to submit its FSAR on an annual basis is
not necessary as the FSAR will not be changed or updated until the
review is restarted. Requiring the updates would result in undue
hardship on EOI, and the purpose of 10 CFR 50.71(e)(3)(iii) would still
be achieved if the update is submitted prior to restarting the review
and in any event by December 31, 2014.
The requested exemption to defer submittal of the next update to
the FSAR included in the RBS3 COL application would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). As
evidenced by the proper submittal of annual updates on December 6, 2010
(ADAMS Accession No. ML103440074), December 7, 2011 (ADAMS Accession
No. ML11343A568), and December 3, 2012 (ADAMS Accession No.
ML12342A231), EOI has made good faith efforts to comply with 10 CFR
50.71(e)(3)(iii) prior to requesting suspension of the review. EOI's
exemption request asks the NRC to grant exemption from 10 CFR
50.71(e)(3)(iii) until a reactivation request is made by EOI for the
RBS3 COL application. Because such a request is seen as open-ended and
therefore not temporary, the NRC included a December 31, 2014, deadline
as part of its review of the exemption request.
For the reasons stated above, the application of 10 CFR
50.71(e)(3)(iii) in this particular circumstance can be deemed
unnecessary and the granting of the exemption would allow only
temporary relief from a rule that the applicant had made good faith
efforts to comply with, therefore special circumstances are present.
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 EOI
to submit the next RBS3 FSAR update on or before December 31, 2014, in
lieu of the required scheduled submittal in December 2013. As stated
above, 10 CFR 50.12 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 50 . The NRC staff has determined that
granting EOI 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 purposes 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
[[Page 75378]]
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 EOI 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. Plant construction cannot proceed until the NRC review of the
application is completed, a mandatory hearing is completed and a
license decision is made, the probability of postulated accidents is
not increased. Additionally, based on the nature of the requested
exemption, as described above, no new accident precursors are created
by the exemption; thus neither probability, nor the consequences of
postulated accidents are not increased. Therefore, there is no undue
risk to public health and safety.
Consistent With Common Defense and Security
The requested exemption would allow EOI to submit the next FSAR
update prior to, or coincident with 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.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii)
are present ``[a]pplication 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)). The underlying purpose of 10 CFR 50.71(e)(3)(iii) is
to ensure that the NRC has the most up-to date information in order to
perform its review of a COL application efficiently and effectively.
Because the requirement to annually update the FSAR was intended for
active reviews and the RBS3 COL application review is now suspended,
the application of this regulation in this particular circumstance is
unnecessary in order to achieve its underlying purpose. If the NRC were
to grant this exemption, and EOI were then required to update its FSAR
by December 31, 2014, or prior to any request to restart of their
review, the purpose of the rule would still be achieved.
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v) are
present whenever the exemption would provide only temporary relief from
the regulation and the applicant has made good faith efforts to comply
with this regulation. Because of the assumed and imposed new deadline
of December 31, 2014, EOI's exemption request seeks only temporary
relief from the requirement that it file an update to the FSAR included
in the RBS3 COL application. Therefore, since the relief from the
requirements of 10 CFR 50.71(e)(3)(iii) would be temporary and the
applicant has made good faith efforts to comply with the rule, and the
underlying purpose of the rule is not served by application of the rule
in this circumstance, the special circumstances required by 10 CFR
50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) 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 EOI
and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting FSAR
updates to the NRC.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a)(1) and (2), 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 Commission hereby grants EOI
a one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the River Bend Station Unit 3 COL application to allow
submittal of the next FSAR update prior to, or coincident with 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 Commission 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.
[[Page 75379]]
Dated at Rockville, Maryland, this 4th day of December 2013.
For The Nuclear Regulatory Commission.
Ronaldo Jenkins,
Chief, Licensing Branch 3, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-29558 Filed 12-10-13; 8:45 am]
BILLING CODE 7590-01-P
