PPL Bell Bend, LLC; Bell Bend Nuclear Power Plant; Exemption From the Requirement To Submit an Annual Update to the Final Safety Analysis Report Included in a Combined License Application, 77724-77726 [2013-30752]
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
leach into the soil. The continued
monitoring required at the site would
result in environmental impacts due to
the emissions from vehicular traffic
associated with workers traversing to
and from the site and entities providing
services and supplies to the Hematite
facility. Additional vehicular traffic
could also impact public and
occupational health with the potential
for vehicle accidents.
Another alternative to the proposed
action is to dispose of the LLRW in a
facility licensed by an NRC Agreement
State for the storage and/or disposal of
LLRW. For this EA, the NRC evaluated
the EnergySolutions, LLC
(EnergySolutions) Clive Utah facility as
the alternative disposal site for the
radioactive and chemically hazardous
waste.
The EnergySolutions LLRW disposal
facility at Clive, Utah is located 128
kilometers (80 miles) west of Salt Lake
City, Utah and 70 kilometers (45 miles)
east of Wendover, Nevada. The site is
arid with an annual precipitation of
approximately 20 centimeters (8
inches). The facility is licensed by the
State of Utah to dispose of Class A
radioactive waste only (Utah License
2300249) and 11e.(2) byproduct material
(UT2300478) and holds a Part B
Resource Conservation and Recovery
Act (RCRA) solid waste permit
(Environmental Protection Agency ID
No. UTD982598898).
The selection of this alternative
would allow WEC to meet the
requirements of 10 CFR 20.1402 for
unrestricted release. In addition, this
site is environmentally similar to USEI.
However, this alternative was not
selected by the licensee.
emcdonald on DSK67QTVN1PROD with NOTICES
lIl. Finding of No Significant Impact
On the basis of the EA (ADAMS
Accession No. ML13269A308), the NRC
has concluded that there are no
significant environmental impacts from
the proposed actions and the issuance of
a license amendment and the associated
exemptions does not warrant the
preparation of an Environmental Impact
Statement. Accordingly, it has been
determined that a Finding of No
Significant Impact is appropriate.
Dated at Rockville, Maryland, this 29th day
of November, 2013.
For The Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Decommissioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. 2013–30532 Filed 12–23–13; 8:45 am]
BILLING CODE 7590–01–P
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FOR FURTHER INFORMATION CONTACT:
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–039; NRC–2008–0603]
PPL Bell Bend, LLC; Bell Bend Nuclear
Power Plant; 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 October 18,
2013 request from PPL Bell Bend, LLC
(PPL). PPL 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. 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 by December 31, 2014.
ADDRESSES: Please refer to Docket ID
NRC–2008–0603 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0603. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) 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
a 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.
SUMMARY:
PO 00000
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Michael Takacs, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC, 20555–0001;
telephone: 301–415–7871; email:
Michael.Takacs@nrc.gov.
SUPPLEMENTARY INFORMATION: The
following sections include the text of
the exemption in its entirety as issued
to PPL.
1.0 Background
On October 10, 2008, PPL Bell Bend,
LLC (PPL) submitted to the U.S. Nuclear
Regulatory Commission (NRC) a
Combined License (COL) application for
a single unit of AREVA NP’s U.S. EPR
to be constructed and operated as Bell
Bend Nuclear Power Plant (BBNPP), in
Luzerne County, Pennsylvania
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML082890663). The NRC
docketed the BBNPP COL application
on December 19, 2008 (Docket Number
52–039). Additionally, the BBNPP 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 is
currently performing the detailed
reviews of the CCNPP3 RCOL
application, and AREVA NP’s
application for design certification of
the U.S. EPR. On April 12, 2013, PPL
submitted Revision 4 to the COL
application (ADAMS Accession No.
ML13120A374), including 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), consistent
with the NRC approved exemption for
late filing of the calendar year 2012
FSAR update. On October 18, 2013, PPL
requested an exemption from the 10
CFR 50.71(e)(3)(iii) requirements to
submit the BBNPP COL application
FSAR update in calendar year 2013
(ADAMS Accession No. ML13304A574).
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 BBNPP COL application
would be due by December 31, 2013. On
November 2, 2012, PPL previously
requested an exemption, pursuant to 10
CFR 50.71(e)(3)(iii) to allow for late
filing of their required application
revision for calendar year 2012 (ADAMS
Accession No. ML12321A037). The NRC
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emcdonald on DSK67QTVN1PROD with NOTICES
granted the exemption as described in
78 FR 4465 (January 22, 2013). On April
12, 2013, PPL submitted Revision 4 to
the COL application, including updates
to the FSAR. Since this submittal was
provided to satisfy their approved
exemption for late filing of calendar
year 2012, the next annual update is due
by the end of calendar year 2013. PPL
has again requested a one-time
exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
its scheduled 2013 update while work is
being completed on the generic aspects
of the safety review for the U.S. EPR
Design Certification and the CCNPP3
RCOL application. In addition, since
Revision 5 of the U.S. EPR FSAR was
submitted to the NRC on July 19, 2013
(ADAMS Accession No. ML13220B020),
the corresponding 2013 update of the
CCNPP3 RCOL application, which will
have incorporated applicable changes
from the U.S. EPR FSAR Revision 5, has
not yet been submitted to the NRC.
Therefore, the exemption would allow
PPL to submit the FSAR update in an
orderly and efficient manner, without
undue burden on their resources, after
the CCNPP3 RCOL application has been
updated to reflect the current version to
the U.S. EPR FSAR.
PPL’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, PPL asked
the NRC to grant the exemption from 10
CFR 50.71(e)(3)(iii) for calendar year
2013 for reasons cited above. The
exemption would allow PPL to submit
the next FSAR update at a later date but
no later than 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
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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.
Since the CCNPP3 RCOL application
has not yet been updated to the most
recent revision of the U.S. EPR FSAR,
nor has CCNPP3 incorporated all FSAR
changes resulting from its responses to
NRC Requests for Additional
Information, updating the BBNPP FSAR
cannot be accomplished prior to the end
of 2013. Requiring the update would
only cause undue hardship on PPL, and
the purpose of 50.71(e)(3)(iii) would
still be achieved so long as the next
update is submitted by December 31,
2014.
The requested exemption to defer
submittal of the next update to the
FSAR included in the BBNPP COL
application would provide only
temporary relief from the regulations of
10 CFR 50.71(e)(3)(iii). As evidenced by
the April 12, 2013, submittal of Revision
4 to the COL application (ADAMS
Accession No. ML13120A374), PPL has
made good faith efforts to comply with
10 CFR 50.71(e)(3)(iii).
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 PPL to submit the next
BBNPP COL application FSAR update
on or before December 31, 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
PPL 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
PO 00000
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77725
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, the revisions
to an application under 10 CFR Part 52,
for which a license has not been
granted. Since plant construction cannot
proceed until the NRC review of the
application is completed, a mandatory
hearing is completed, and a license is
issued, 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 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 PPL to submit the next FSAR
update 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
in that the ‘‘[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 CCNPP3
RCOL application has not yet been
updated to the most recent revision of
the U.S. EPR FSAR, nor has it
incorporated all RCOL application
responses to NRC Requests for
Additional Information, 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
PPL were then required to update its
FSAR by December 31, 2014, 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
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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
good faith efforts to comply with this
regulation. Because of the assumed and
imposed new deadline of December 31,
2014, PPL’s exemption request seeks
only temporary relief from the
requirement that it file an update to the
FSAR included in the BBNPP 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 50.12(a)(2)(v) for the granting of an
exemption from 10 CFR 50.71(e)(3)(iii)
exist.
The proposed action involves only a
schedule change which is administrative in
nature. 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 PPL and
(G) Scheduling requirements;
The proposed exemption relates to the
schedule for submitting FSAR updates to the
NRC.
Eligibility for Categorical Exclusion
From Environmental Review
4.0
emcdonald on DSK67QTVN1PROD with NOTICES
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. 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;
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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 PPL a one-time exemption from
the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the Bell
Bend Nuclear Power Plant COL
application to allow submittal of the
next FSAR update on or before
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 18th day
of December 2013.
For The Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2013–30752 Filed 12–23–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–289; NRC–2013–0274]
Exelon Generation Company, LLC
Three Mile Island Nuclear Station, Unit
1
Nuclear Regulatory
Commission.
AGENCY:
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
ACTION:
Exemption.
Exelon Generation Company,
LLC (Exelon, the licensee) is the holder
of Renewed Facility Operating License
No. DPR–50, which authorizes
operation of the Three Mile Island
Nuclear Station, Unit 1 (TMI–1). The
license provides, among other things,
that the facility is subject to all rules,
regulations, and orders of the Nuclear
Regulatory Commission (NRC) now or
hereafter in effect.
ADDRESSES: Please refer to Docket ID
NRC–2013–0274 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–2013–0274. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at 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
a 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1.0 Background
Exelon Generation Company, LLC
(Exelon, the licensee) is the holder of
Renewed Facility Operating License No.
DPR–50, which authorizes operation of
the Three Mile Island Nuclear Station,
Unit 1 (TMI–1). The license provides,
among other things, that the facility is
subject to all rules, regulations, and
orders of the NRC now or hereafter in
effect.
The facility consists of a single
pressurized-water reactor located in
Dauphin County, Pennsylvania.
2.0 Request/Action
Part 50, Appendix G of Title 10 of the
Code of Federal Regulations (10 CFR),
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]]>Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77724-77726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30752]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-039; NRC-2008-0603]
PPL Bell Bend, LLC; Bell Bend Nuclear Power Plant; 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 October 18, 2013 request from PPL Bell
Bend, LLC (PPL). PPL 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. 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 by December 31, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0603 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0603. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) 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 a 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: Michael Takacs, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-
0001; telephone: 301-415-7871; email: Michael.Takacs@nrc.gov.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to PPL.
1.0 Background
On October 10, 2008, PPL Bell Bend, LLC (PPL) submitted to the U.S.
Nuclear Regulatory Commission (NRC) a Combined License (COL)
application for a single unit of AREVA NP's U.S. EPR to be constructed
and operated as Bell Bend Nuclear Power Plant (BBNPP), in Luzerne
County, Pennsylvania (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML082890663). The NRC docketed the BBNPP COL
application on December 19, 2008 (Docket Number 52-039). Additionally,
the BBNPP 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 is currently performing the detailed reviews
of the CCNPP3 RCOL application, and AREVA NP's application for design
certification of the U.S. EPR. On April 12, 2013, PPL submitted
Revision 4 to the COL application (ADAMS Accession No. ML13120A374),
including 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), consistent with the NRC approved exemption for late
filing of the calendar year 2012 FSAR update. On October 18, 2013, PPL
requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to
submit the BBNPP COL application FSAR update in calendar year 2013
(ADAMS Accession No. ML13304A574).
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 BBNPP COL application would be due by December 31,
2013. On November 2, 2012, PPL previously requested an exemption,
pursuant to 10 CFR 50.71(e)(3)(iii) to allow for late filing of their
required application revision for calendar year 2012 (ADAMS Accession
No. ML12321A037). The NRC
[[Page 77725]]
granted the exemption as described in 78 FR 4465 (January 22, 2013). On
April 12, 2013, PPL submitted Revision 4 to the COL application,
including updates to the FSAR. Since this submittal was provided to
satisfy their approved exemption for late filing of calendar year 2012,
the next annual update is due by the end of calendar year 2013. PPL has
again requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii)
requirements to submit its scheduled 2013 update while work is being
completed on the generic aspects of the safety review for the U.S. EPR
Design Certification and the CCNPP3 RCOL application. In addition,
since Revision 5 of the U.S. EPR FSAR was submitted to the NRC on July
19, 2013 (ADAMS Accession No. ML13220B020), the corresponding 2013
update of the CCNPP3 RCOL application, which will have incorporated
applicable changes from the U.S. EPR FSAR Revision 5, has not yet been
submitted to the NRC. Therefore, the exemption would allow PPL to
submit the FSAR update in an orderly and efficient manner, without
undue burden on their resources, after the CCNPP3 RCOL application has
been updated to reflect the current version to the U.S. EPR FSAR.
PPL'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, PPL asked the NRC to grant the exemption from 10 CFR
50.71(e)(3)(iii) for calendar year 2013 for reasons cited above. The
exemption would allow PPL to submit the next FSAR update at a later
date but no later than 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. Since
the CCNPP3 RCOL application has not yet been updated to the most recent
revision of the U.S. EPR FSAR, nor has CCNPP3 incorporated all FSAR
changes resulting from its responses to NRC Requests for Additional
Information, updating the BBNPP FSAR cannot be accomplished prior to
the end of 2013. Requiring the update would only cause undue hardship
on PPL, and the purpose of 50.71(e)(3)(iii) would still be achieved so
long as the next update is submitted by December 31, 2014.
The requested exemption to defer submittal of the next update to
the FSAR included in the BBNPP COL application would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). As
evidenced by the April 12, 2013, submittal of Revision 4 to the COL
application (ADAMS Accession No. ML13120A374), PPL has made good faith
efforts to comply with 10 CFR 50.71(e)(3)(iii).
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 PPL
to submit the next BBNPP COL application FSAR update on or before
December 31, 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 PPL 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 schedule for submittal, to the NRC, the revisions to an
application under 10 CFR Part 52, for which a license has not been
granted. Since plant construction cannot proceed until the NRC review
of the application is completed, a mandatory hearing is completed, and
a license is issued, 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 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 PPL to submit the next FSAR
update 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 in that the ``[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 CCNPP3 RCOL application has
not yet been updated to the most recent revision of the U.S. EPR FSAR,
nor has it incorporated all RCOL application responses to NRC Requests
for Additional Information, 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 PPL
were then required to update its FSAR by December 31, 2014, 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
[[Page 77726]]
good faith efforts to comply with this regulation. Because of the
assumed and imposed new deadline of December 31, 2014, PPL's exemption
request seeks only temporary relief from the requirement that it file
an update to the FSAR included in the BBNPP 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
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. 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. 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 PPL
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 PPL
a one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the Bell Bend Nuclear Power Plant COL application to
allow submittal of the next FSAR update on or before 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 18th day of December 2013.
For The Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-30752 Filed 12-23-13; 8:45 am]
BILLING CODE 7590-01-P
