Tennessee Valley Authority, Exemption From the Requirement To Submit an Annual Update to the Final Safety Analysis Report Included in a Combined License Application, 79501-79503 [2013-31232]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
The public may examine and have
copied for a fee publicly available
documents, including the draft
supporting statement, at the NRC’s
Public Document Room, Room O–1F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. The
OMB clearance requests are available at
the NRC’s Web site: https://www.nrc.gov/
public-involve/doc-comment/omb/. The
document will be available on the
NRC’s home page site for 60 days after
the signature date of this notice.
Comments submitted in writing or in
electronic form will be made available
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed. Comments submitted should
reference Docket No. NRC–2013–0279.
You may submit your comments by any
of the following methods: Electronic
comments go to https://
www.regulations.gov and search for
Docket No. NRC–2013–0279. Mail
comments to the NRC Clearance Officer,
Tremaine Donnell (T–5 F53), U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Questions about the information
collection requirements may be directed
to the NRC Clearance Officer, Tremaine
Donnell (T–5 F53), U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone at 301–415–
6258, or by email to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 24th day
of December, 2013.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2013–31154 Filed 12–27–13; 8:45 am]
BILLING CODE 7590–01–P
maindgalligan on DSK5TPTVN1PROD with NOTICES
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–014 AND 52–015; NRC–
2008–0043]
Tennessee Valley Authority,
Exemption From the Requirement To
Submit an Annual Update to the Final
Safety Analysis Report Included in a
Combined License Application
Nuclear Regulatory
Commission.
AGENCY:
VerDate Mar<15>2010
17:15 Dec 27, 2013
Jkt 232001
ACTION:
Exemption.
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to an October 28,
2013, request from Tennessee Valley
Authority (TVA). On September 29,
2010, TVA requested that the NRC
suspend review of its combined license
(COL) application until further notice.
On October 28, 2013, TVA 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 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.
SUMMARY:
Please refer to Docket ID
NRC–2008–0043 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0043. 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
ADDRESSES:
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
79501
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 TVA.
1.0 Background
On October 30, 2007 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML073110527) Tennessee Valley
Authority (TVA), 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
Bellefonte site, located near the cities of
Hollywood and Scottsboro in Jackson
County in northeast Alabama. (Docket
numbers 052000–14 and 052000–15).
The NRC docketed the Bellefonte
Nuclear Plant, Units 3 and 4 (BLN 3&4)
COL application on January 28, 2008.
On September 29, 2010 (ADAMS
Accession No. ML10274076) TVA
requested that the NRC defer the review
of the BLN 3&4 COL application. In a
letter dated November 24, 2010
(ADAMS Accession No. ML102930207),
the NRC granted TVA’s request to defer
the review and stated it was in a
suspended status, meaning all review
activities related to the BLN 3&4 COL
application were eventually suspended
after a closeout period while the
application remained docketed. On
October 28, 2013 (ADAMS Accession
No. ML13325B058) TVA requested an
exemption from the Title 10 of the Code
of Federal Regulations (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 BLN 3&4 COL
application would be due in January of
2014 as TVA’s application was docketed
on January 28, 2008 and TVA had
submitted Revision 3 to its FSAR on
December 22, 2010 (ADAMS Accession
No. ML110040748). In a letter dated,
September 29, 2010 (ADAMS Accession
No. ML10274076) TVA requested that
the NRC suspend review of the BLN 3&4
E:\FR\FM\30DEN1.SGM
30DEN1
79502
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
maindgalligan on DSK5TPTVN1PROD with NOTICES
COL application. The NRC granted
TVA’s request for suspension (ADAMS
Accession No. ML102930207) and all
review activities related to the BLN 3&4
COL application were eventually
suspended after a closeout period while
the application remained docketed. In a
letter dated December 19, 2011 (ADAMS
Accession No. ML11356A068) TVA
stated that they were still deferred and
had no updates to their FSAR. In a letter
dated, October 28, 2013 (ADAMS
Accession No. ML13325B058), TVA
requested that the BLN 3&4 COL
application be exempt from the
50.71(e)(3)(iii) requirements until
requesting the NRC to resume the
review of the BLN 3&4 COL application.
TVA’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, TVA asked
the NRC to grant the exemption from 10
CFR 50.71(e)(3)(iii), until they had
asked the NRC to resume the review of
the BLN 3&4 COL application. 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 TVA 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 10 CFR 50.71(e)(3)(iii) when:
(1) the exemption(s) are authorized by
law, will not present an undue risk to
public health or safety, and are
consistent with the common defense
and security; and (2) special
circumstances are present. As relevant
to the requested exemption, special
circumstances exist if: ‘‘[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 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 TVA requested the NRC
suspend its review of the BLN 3&4 COL
VerDate Mar<15>2010
17:15 Dec 27, 2013
Jkt 232001
application, compelling TVA 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. 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.
For the reasons stated above, the
application of 50.71(e)(3)(iii) in this
particular circumstance can be deemed
unnecessary in order to achieve the
underlying purpose of the rule,
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 TVA to submit the next
BLN 3&4 COL application FSAR update
on or before December 31, 2014 in lieu
of the required scheduled submittal in
January 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 TVA the
requested one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii)
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 TVA will not
be reviewed by the NRC at this time.
Based on the nature of the requested
exemption as described above, no new
accident precursors are created by the
exemption thus, neither the probability,
nor the consequences of postulated
accidents are increased. Therefore, there
is no undue risk to public health and
safety. Plant construction cannot
proceed until the NRC review of the
application is completed, a mandatory
hearing is completed, and a license is
issued. Additionally, based on the
nature of the requested exemption as
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
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 TVA 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 BLN
3&4 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
TVA 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.
Therefore, since 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—
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
(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
maindgalligan on DSK5TPTVN1PROD with NOTICES
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 TVA
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
VerDate Mar<15>2010
17:15 Dec 27, 2013
Jkt 232001
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 TVA a one-time
exemption from the requirements of 10
CFR 50.71(e)(3)(iii) pertaining to the
BLN 3&4 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 19th day
of December 2013.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2013–31232 Filed 12–27–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–014 and 52–015; NRC–
2008–0043]
Tennessee Valley Authority, Combined
License Application for Bellefonte
Units 3 and 4 Exemption from the
Requirements to Submit an Update to
the Departures Report Submitted With
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 28,
2013, request from Tennessee Valley
Authority (TVA). On September 29,
2010, TVA requested that the NRC
suspend review of its combined license
(COL) application until further notice.
On October 28, 2013, TVA requested an
exemption from certain regulatory
requirements that require them to
submit a departures report that
describes the generic changes and plantspecific departures from the generic
Design Certification Document (DCD)
(departures report) until requesting the
NRC to resume its review of their COL
application. The NRC staff reviewed this
SUMMARY:
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
79503
request and determined that it is
appropriate to grant the exemption, but
stipulated that the departures report
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–2008–0043 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0043. 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 TVA.
1.0
Background
On October 30, 2007 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML073110527), Tennessee Valley
Authority (TVA), submitted to the U.S.
Nuclear Regulatory Commission (NRC) a
Combined License (COL) Application
for two units of Westinghouse Electric
Company’s AP1000 advanced
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79501-79503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31232]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-014 AND 52-015; NRC-2008-0043]
Tennessee Valley Authority, 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 28, 2013, request from Tennessee
Valley Authority (TVA). On September 29, 2010, TVA requested that the
NRC suspend review of its combined license (COL) application until
further notice. On October 28, 2013, TVA 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 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-2008-0043 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0043. 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 TVA.
1.0 Background
On October 30, 2007 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML073110527) Tennessee Valley Authority
(TVA), 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 Bellefonte site, located near the
cities of Hollywood and Scottsboro in Jackson County in northeast
Alabama. (Docket numbers 052000-14 and 052000-15). The NRC docketed the
Bellefonte Nuclear Plant, Units 3 and 4 (BLN 3&4) COL application on
January 28, 2008. On September 29, 2010 (ADAMS Accession No.
ML10274076) TVA requested that the NRC defer the review of the BLN 3&4
COL application. In a letter dated November 24, 2010 (ADAMS Accession
No. ML102930207), the NRC granted TVA's request to defer the review and
stated it was in a suspended status, meaning all review activities
related to the BLN 3&4 COL application were eventually suspended after
a closeout period while the application remained docketed. On October
28, 2013 (ADAMS Accession No. ML13325B058) TVA requested an exemption
from the Title 10 of the Code of Federal Regulations (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 BLN 3&4 COL application would be due in January of
2014 as TVA's application was docketed on January 28, 2008 and TVA had
submitted Revision 3 to its FSAR on December 22, 2010 (ADAMS Accession
No. ML110040748). In a letter dated, September 29, 2010 (ADAMS
Accession No. ML10274076) TVA requested that the NRC suspend review of
the BLN 3&4
[[Page 79502]]
COL application. The NRC granted TVA's request for suspension (ADAMS
Accession No. ML102930207) and all review activities related to the BLN
3&4 COL application were eventually suspended after a closeout period
while the application remained docketed. In a letter dated December 19,
2011 (ADAMS Accession No. ML11356A068) TVA stated that they were still
deferred and had no updates to their FSAR. In a letter dated, October
28, 2013 (ADAMS Accession No. ML13325B058), TVA requested that the BLN
3&4 COL application be exempt from the 50.71(e)(3)(iii) requirements
until requesting the NRC to resume the review of the BLN 3&4 COL
application.
TVA'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, TVA asked the NRC to grant the exemption from 10 CFR
50.71(e)(3)(iii), until they had asked the NRC to resume the review of
the BLN 3&4 COL application. 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 TVA
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 10 CFR 50.71(e)(3)(iii)
when: (1) the exemption(s) are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present.
As relevant to the requested exemption, special circumstances exist if:
``[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 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
TVA requested the NRC suspend its review of the BLN 3&4 COL
application, compelling TVA 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. 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.
For the reasons stated above, the application of 50.71(e)(3)(iii)
in this particular circumstance can be deemed unnecessary in order to
achieve the underlying purpose of the rule, 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 TVA
to submit the next BLN 3&4 COL application FSAR update on or before
December 31, 2014 in lieu of the required scheduled submittal in
January 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 TVA the requested one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) 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 TVA will not be
reviewed by the NRC at this time. Based on the nature of the requested
exemption as described above, no new accident precursors are created by
the exemption thus, neither the probability, nor the consequences of
postulated accidents are increased. Therefore, there is no undue risk
to public health and safety. Plant construction cannot proceed until
the NRC review of the application is completed, a mandatory hearing is
completed, and a license 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 TVA 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 BLN 3&4 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 TVA 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.
Therefore, since 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--
[[Page 79503]]
(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 TVA
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 TVA a one-time exemption from
the requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the BLN 3&4
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 19th day of December 2013.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-31232 Filed 12-27-13; 8:45 am]
BILLING CODE 7590-01-P
