Duke Energy Progress; Shearon Harris Units 2 and 3; Exemption From the Requirement To Submit an Annual Update to the Final Safety Analysis Report Included in a Combined License Application, 75388-75390 [2013-29584]
Download as PDF
<![CDATA[
75388
4.0
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
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 Part 50,
Appendix E, Section I.5 pertaining to
the River Bend Station Unit 3 COL
application to allow submittal of the
revised COL application that complies
with the new EP rules 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.
Dated at Rockville, Maryland, this 4th day
of December 2013.
For the Nuclear Regulatory Commission.
Ronaldo Jenkins,
Branch Chief, Licensing Branch 3, Division
of New Reactor Licensing, Office of New
Reactors.
[FR Doc. 2013–29559 Filed 12–10–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–022 and 52–023; NRC–
2013–0261]
Duke Energy Progress; Shearon Harris
Units 2 and 3; Exemption From the
Requirement To Submit an Annual
Update to the Final Safety Analysis
Report Included in a Combined
License Application
Nuclear Regulatory
Commission.
ACTION: Exemption.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to an August 7,
2013, request from Duke Energy
Progress (DEP). On May 2, 2013, DEP
requested that the NRC suspend review
of its combined license (COL)
application until further notice. On
August 7, 2013, DEP requested an
exemption from certain regulatory
requirements that require them to
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:00 Dec 10, 2013
Jkt 232001
submit updates to the Final Safety
Analysis Report (FSAR) included in
their COL application until six months
after requesting the NRC to resume its
review of their 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 requesting the NRC
resume its review of the COL
application, or by December 31, 2014,
whichever comes first.
ADDRESSES: Please refer to Docket ID
NRC–2013–0261 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–2013–0261. 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
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC, 20555–
0001; telephone: 301–415–6185; email:
anthony.minarik@nrc.gov.
SUPPLEMENTARY INFORMATION: The
following sections include the text of
the exemption in its entirety as issued
to DEP.
1.0
Background
On February 18, 2008 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
ML080580078) Duke Energy Progress,
Inc. (DEP), submitted to the U.S.
Nuclear Regulatory Commission (NRC) a
Combined License (COL) application for
two units of Westinghouse Electric
Company’s AP1000 advanced
pressurized water reactors to be
constructed and operated at the existing
Shearon Harris Nuclear Plant (Harris)
site. (Docket Numbers 052000–22 and
052000–23). The NRC docketed the
Shearon Harris Units 2 and 3 COL
APPLICATION on April 23, 2008. On
April 15, 2013, DEP submitted Revision
5 to the COL application (ADAMS
Accession No. ML13112A761),
including updates to the Final Safety
Analysis Report (FSAR), per subsection
50.71(e)(3)(iii) of Title 10 of the Code of
Federal Regulations (10 CFR). On May
2, 2013 (ADAMS Accession No.
ML13123A344), DEP requested that the
NRC suspend review of the Shearon
Harris Nuclear Plant Units 2 and 3 COL
application. On August 7, 2013
(ADAMS Accession No. ML13220B004),
DEP requested an exemption from the
10 CFR 50.71(e)(3)(iii) requirements to
submit COL application Final Safety
Analysis Report (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, submit updates to 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 Harris Units 2 and 3
COL application would be due in April
of 2014 as DEP had submitted Revision
5 to the COL application which
included an update to the FSAR, in a
letter dated April 15, 2013 (ADAMS
Accession No. ML13112A761). By letter
dated May 2, 2013, (ADAMS Accession
No. ML13123A344) DEP requested that
the NRC suspend review of the Harris
Units 2 and 3 COL application. The
NRC granted DEP’s request for
suspension and all review activities
related to the Harris Units 2 and 3 COL
application were suspended while the
application remained docketed. In a
letter dated August 7, 2013 (ADAMS
Accession No. ML13220B004), DEP
requested that the Harris Units 2 and 3
COL application be exempt from the 10
CFR 50.71(e)(3)(iii) requirements until
the time that DEP requests the NRC to
resume the review of the Harris Units 2
and 3 COL application.
DEP’s requested exemption is
interpreted as a one-time schedule
change from the requirements of 10 CFR
50.71(e)(3)(iii). In its request, DEP asked
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
the NRC to grant the exemption from 10
CFR 50.71(e)(3)(iii), until six months
after restarting the Harris Units 2 and 3
COL application review. Because such a
request is seen as open-ended, the NRC
included an imposed December 31,
2014, deadline as part of its review of
the exemption request. The exemption
would allow DEP 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
requirement to submit an FSAR update
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: ‘‘[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)) and if ‘‘[t]he 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 DEP requested the NRC
suspend its review of the Harris Units
2 and 3 COL application, compelling
DEP 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 DEP, and the purpose of
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 Harris Units 2
and 3 COL application would provide
only temporary relief from the
regulations of 10 CFR 50.71(e)(3)(iii). As
VerDate Mar<15>2010
17:00 Dec 10, 2013
Jkt 232001
evidenced by the proper submittal of
annual updates on June 23, 2009
(ADAMS Accession No. ML091810540),
April 12, 2010 (ADAMS Accession No.
ML101120592), April 14, 2011 (ADAMS
Accession No. ML11117A708), April 12,
2012 (ADAMS Accession No.
ML12122A656) and April 15, 2013
(ADAMS Accession No. ML13112A761),
DEP has made good faith efforts to
comply with 10 CFR 50.71(e)(3)(iii)
prior to requesting suspension of the
review. In its request DEP asked the
NRC to grant exemption from 10 CFR
50.71(e)(3)(iii) until 6 months after
reactivating the Harris Units 2 and 3
COL application review. With no
specific end date, the NRC could not
consider this exemption temporary, so
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 § 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 DEP to submit the next
Harris Units 2 and 3 COL application
FSAR update on or before December 31,
2014, in lieu of the required scheduled
submittal in April 2014. 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 DEP 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
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
75389
been granted. In addition, since the
review of the application has been
suspended, any update to the
application submitted by DEP will not
be reviewed by the NRC at this time.
Plant construction cannot proceed until
the NRC review of the application is
completed, a mandatory hearing is
completed, and a license is issued.
Additionally, 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 DEP to submit the next FSAR
update prior to requesting the NRC to
resume the review and, in any event, on
or before December 31, 2014. This
schedule change has no relation to
security issues. Therefore, the common
defense and security is not impacted.
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
Harris Units 2 and 3 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 DEP 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, DEP’s exemption request seeks
only temporary relief from the
requirement that it file an update to the
FSAR included in the Harris Units 2
and 3 COL application. Additionally
E:\FR\FM\11DEN1.SGM
11DEN1
75390
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
DEP submitted the required annual
updates to its FSAR throughout the
application process until asking for
suspension of its review.
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
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
consideration 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
VerDate Mar<15>2010
17:00 Dec 10, 2013
Jkt 232001
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 DEP
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), 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 DEP a one-time exemption
from the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the Shearon
Harris Nuclear Power Plant Units 2 and
3 COL application to allow submittal of
the next FSAR update prior to any
request to the NRC to resume the
review, and in any event no later than
December 31, 2014.
Pursuant to 10 CFR 51.22, the
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.
Dated at Rockville, Maryland, this 21st day
of November 2013.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2013–29584 Filed 12–10–13; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 482, OMB Control No. 3235–0565,
SEC File No. 270–508.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘Paperwork
Reduction Act’’), the Securities and
Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Like most issuers of securities, when
an investment company (‘‘fund’’) 1 offers
its shares to the public, its promotional
efforts become subject to the advertising
restrictions of the Securities Act of 1933
(15 U.S.C. 77) (the ‘‘Securities Act’’). In
recognition of the particular problems
faced by funds that continually offer
securities and wish to advertise their
securities, the Commission has
previously adopted advertising safe
harbor rules. The most important of
these is rule 482 (17 CFR 230.482) under
the Securities Act, which, under certain
circumstances, permits funds to
advertise investment performance data,
as well as other information. Rule 482
advertisements are deemed to be
‘‘prospectuses’’ under Section 10(b) of
the Securities Act.2
Rule 482 contains certain
requirements regarding the disclosure
that funds are required to provide in
qualifying advertisements. These
requirements are intended to encourage
the provision to investors of information
that is balanced and informative,
particularly in the area of investment
performance. For example, a fund is
required to include disclosure advising
investors to consider the fund’s
investment objectives, risks, charges and
expenses, and other information
described in the fund’s prospectus, and
highlighting the availability of the
fund’s prospectus and, if applicable, its
summary prospectus. In addition, rule
1 ‘‘Investment company’’ refers to both
investment companies registered under the
Investment Company Act of 1940 (‘‘Investment
Company Act’’) (15 U.S.C. 80a–1 et seq.) and
business development companies.
2 15 U.S.C. 77j(b).
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75388-75390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29584]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-022 and 52-023; NRC-2013-0261]
Duke Energy Progress; Shearon Harris Units 2 and 3; Exemption
From the Requirement To Submit an Annual Update to the Final Safety
Analysis Report Included in 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 an August 7, 2013, request from Duke Energy
Progress (DEP). On May 2, 2013, DEP requested that the NRC suspend
review of its combined license (COL) application until further notice.
On August 7, 2013, DEP requested an exemption from certain regulatory
requirements that require them to submit updates to the Final Safety
Analysis Report (FSAR) included in their COL application until six
months after requesting the NRC to resume its review of their 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 requesting the NRC resume its
review of the COL application, or by December 31, 2014, whichever comes
first.
ADDRESSES: Please refer to Docket ID NRC-2013-0261 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-2013-0261. 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 the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-
0001; telephone: 301-415-6185; email: anthony.minarik@nrc.gov.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to DEP.
1.0 Background
On February 18, 2008 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML080580078) Duke Energy Progress, Inc.
(DEP), submitted to the U.S. Nuclear Regulatory Commission (NRC) a
Combined License (COL) application for two units of Westinghouse
Electric Company's AP1000 advanced pressurized water reactors to be
constructed and operated at the existing Shearon Harris Nuclear Plant
(Harris) site. (Docket Numbers 052000-22 and 052000-23). The NRC
docketed the Shearon Harris Units 2 and 3 COL APPLICATION on April 23,
2008. On April 15, 2013, DEP submitted Revision 5 to the COL
application (ADAMS Accession No. ML13112A761), including updates to the
Final Safety Analysis Report (FSAR), per subsection 50.71(e)(3)(iii) of
Title 10 of the Code of Federal Regulations (10 CFR). On May 2, 2013
(ADAMS Accession No. ML13123A344), DEP requested that the NRC suspend
review of the Shearon Harris Nuclear Plant Units 2 and 3 COL
application. On August 7, 2013 (ADAMS Accession No. ML13220B004), DEP
requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to
submit COL application Final Safety Analysis Report (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, submit updates to 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 Harris Units 2 and 3 COL application would be due
in April of 2014 as DEP had submitted Revision 5 to the COL application
which included an update to the FSAR, in a letter dated April 15, 2013
(ADAMS Accession No. ML13112A761). By letter dated May 2, 2013, (ADAMS
Accession No. ML13123A344) DEP requested that the NRC suspend review of
the Harris Units 2 and 3 COL application. The NRC granted DEP's request
for suspension and all review activities related to the Harris Units 2
and 3 COL application were suspended while the application remained
docketed. In a letter dated August 7, 2013 (ADAMS Accession No.
ML13220B004), DEP requested that the Harris Units 2 and 3 COL
application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements
until the time that DEP requests the NRC to resume the review of the
Harris Units 2 and 3 COL application.
DEP's requested exemption is interpreted as a one-time schedule
change from the requirements of 10 CFR 50.71(e)(3)(iii). In its
request, DEP asked
[[Page 75389]]
the NRC to grant the exemption from 10 CFR 50.71(e)(3)(iii), until six
months after restarting the Harris Units 2 and 3 COL application
review. Because such a request is seen as open-ended, the NRC included
an imposed December 31, 2014, deadline as part of its review of the
exemption request. The exemption would allow DEP 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 requirement to submit an FSAR update 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:
``[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))
and if ``[t]he 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
DEP requested the NRC suspend its review of the Harris Units 2 and 3
COL application, compelling DEP 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 DEP, and the purpose of 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 Harris Units 2 and 3 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 June 23, 2009 (ADAMS Accession No. ML091810540), April 12,
2010 (ADAMS Accession No. ML101120592), April 14, 2011 (ADAMS Accession
No. ML11117A708), April 12, 2012 (ADAMS Accession No. ML12122A656) and
April 15, 2013 (ADAMS Accession No. ML13112A761), DEP has made good
faith efforts to comply with 10 CFR 50.71(e)(3)(iii) prior to
requesting suspension of the review. In its request DEP asked the NRC
to grant exemption from 10 CFR 50.71(e)(3)(iii) until 6 months after
reactivating the Harris Units 2 and 3 COL application review. With no
specific end date, the NRC could not consider this exemption temporary,
so 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 Sec.
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 DEP
to submit the next Harris Units 2 and 3 COL application FSAR update on
or before December 31, 2014, in lieu of the required scheduled
submittal in April 2014. 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 DEP 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 DEP will not be
reviewed by the NRC at this time. Plant construction cannot proceed
until the NRC review of the application is completed, a mandatory
hearing is completed, and a license is issued. Additionally, 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 DEP to submit the next FSAR
update prior to requesting the NRC to resume the review and, in any
event, on or before December 31, 2014. This schedule change has no
relation to security issues. Therefore, the common defense and security
is not impacted.
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 Harris Units 2 and 3 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 DEP 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, DEP's exemption request seeks only temporary
relief from the requirement that it file an update to the FSAR included
in the Harris Units 2 and 3 COL application. Additionally
[[Page 75390]]
DEP submitted the required annual updates to its FSAR throughout the
application process until asking for suspension of its review.
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
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 consideration 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 DEP
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), 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 DEP a one-time exemption from
the requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the Shearon
Harris Nuclear Power Plant Units 2 and 3 COL application to allow
submittal of the next FSAR update prior to any request to the NRC to
resume the review, and in any event no later than December 31, 2014.
Pursuant to 10 CFR 51.22, the 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.
Dated at Rockville, Maryland, this 21st day of November 2013.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-29584 Filed 12-10-13; 8:45 am]
BILLING CODE 7590-01-P
