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]

Download as PDF 77724 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 VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 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 http://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 http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. 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 Frm 00082 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices 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 VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 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 Frm 00083 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24DEN1.SGM 24DEN1 77726 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; VerDate Mar<15>2010 16:36 Dec 23, 2013 Jkt 232001 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 http://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 http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. 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), E:\FR\FM\24DEN1.SGM 24DEN1

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]


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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 http://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 http://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