Luminant Generation Company, LLC; Combined License Application for Comanche Peak Nuclear Power Plant, Units 3 and 4, Exemption, 16062-16064 [2014-06354]
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16062
Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
December 27, 2013 (78 FR 79016).
1. Type of submission, new, revision,
or extension: Extension.
2. The title of the information
collection: Comprehensive
Decommissioning Program, Including
Annual Data Collection.
3. Current OMB approval number:
3150–0206.
4. How often the collection is
required: Annually.
5. Who will be required or asked to
report: All Agreement States who have
signed Section 274(b) Agreements with
the NRC.
6. An estimate of the number of
annual responses: 37 (14 Agreement
States respondents with sites of interest
+ 23 Agreement States respondents with
no sites of interest).
7. The estimated number of annual
respondents: 37 (14 Agreement States
respondents with sites of interest + 23
Agreement States respondents with no
sites of interest).
8. An estimate of the total number of
hours needed annually to complete the
requirement or request: 469 (400 hours
from Agreement States with sites of
interest + 69 hours from Agreement
States with no sites of interest).
9. Abstract: The Agreement States
will be asked to provide information
about uranium recovery and complex
sites undergoing decommissioning
regulated by the Agreement States on an
annual basis. The information request
will allow the NRC to compile, in a
centralized location, more complete
information on the status of
decommissioning and decontamination
in the United States in order to provide
a national perspective on
decommissioning. The information will
be made available to the public by the
NRC in order to ensure openness and
promote communication to enhance
public knowledge of the national
decommissioning program. This does
not apply to information, such as trade
secrets and commercial or financial
information provided by the Agreement
States, that is considered privileged or
confidential. Information such as
financial assurance and the status of
decommissioning funding would need
to be identified by the Agreement State
as privileged or confidential,
whereupon the NRC would withhold
such information from public access
and treat it as sensitive or non-sensitive,
per the considerations in 10 CFR 2.390
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and 9.17. This does not apply to
financial assurance or decommissioning
funding information that is already
available to the public. Although
specific details of the funding
mechanisms are treated as confidential,
beneficial lessons learned regarding the
improvement of decommissioningrelated funding will be shared with the
Agreement States.
The public may examine, and have
copied for a fee, publicly-available
documents, including the final
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 and questions should be
directed to the OMB reviewer listed
below by April 23, 2014. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Danielle Y. Jones, Desk Officer, Office
of Information and Regulatory Affairs
(3150–0206), NEOB–10202, Office of
Management and Budget, Washington,
DC 20503.
Comments can also be emailed to
Danielle_Y_Jones@omb.eop.gov or
submitted by telephone at 202–395–
1741.
The Acting NRC Clearance Officer is
Kristen Benney, telephone: 301–415–
6355.
Dated at Rockville, Maryland, this 18th day
of March, 2014.
For the Nuclear Regulatory Commission.
Kristen Benney,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. 2014–06259 Filed 3–21–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos.: 52–034 and 52–035; NRC–
2008–0594]
Luminant Generation Company, LLC;
Combined License Application for
Comanche Peak Nuclear Power Plant,
Units 3 and 4, Exemption
1.0 Background
Luminant Generation Company, LLC.
(Luminant) submitted to the U.S.
Nuclear Regulatory Commission (NRC),
Combined License (COL) applications
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for two United States—Advanced
Pressurized Water Reactors (US–APWR)
in accordance with the requirements of
Part 52 of Title 10 of the Code of Federal
Regulations (10 CFR), Subpart C,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ These
reactors will be identified as Comanche
Peak Nuclear Power Plant (CPNPP),
Units 3 and 4, and are located at the
existing Comanche Peak site in
Somervell County, Texas. The NRC
docketed the application on December
2, 2008, and is currently performing a
review of the application. In addition,
the NRC is currently performing a
detailed review of the Mitsubishi Heavy
Industries, Ltd. (MHI) application for
the design certification of the US–
APWR.
2.0 Request/Action
The regulations specified in 10 CFR
50.71(e)(3)(iii) require that an applicant
for a COL under Subpart C of 10 CFR
Part 52 shall, during the period from
docketing of a COL application (COLA),
until the Commission makes a finding
under 10 CFR 52.103(g) pertaining to
facility operation, submit an annual
update to the application’s Final Safety
Analysis Report (FSAR), which is a part
of the COLA.
On November 7, 2013, (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML13316A369) Luminant submitted a
request to the NRC that all reviews
associated with the COLA for CPNPP,
Units 3 and 4, be suspended for an
indeterminate period beginning March
31, 2014. Luminant then submitted
COLA, FSAR, Revision 4, on November
26, 2013 (ADAMS Accession No.
ML13344B515). Pursuant to 10 CFR
50.71(e)(3)(iii), the next annual update
(COLA, FSAR, Revision 5) would be due
in November 2014. On January 14, 2014,
Luminant requested an exemption from
the requirements of 10 CFR
50.71(e)(3)(iii) for an indeterminate
period until a change in COLA status is
formally requested (ADAMS Accession
No. ML14016A298).
In summary, the requested exemption
from the requirements of 10 CFR
50.71(e)(3)(iii) is for an indeterminate
period. The exemption would allow
Luminant to submit the subsequent
FSAR update (Revision 5) one year after
the COLA review suspension period is
formally ended. The FSAR update
schedule could not be changed, absent
the exemption.
Luminant’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, Luminant
asked the NRC to grant the exemption
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from 10 CFR 50.71(e)(3)(iii), until one
year after the end of the suspension
period. Because such a request is seen
as open-ended, the NRC included an
imposed November 30, 2015 deadline as
part of its review of the exemption
request. The exemption would allow
Luminant to submit the next FSAR
update at a later date, but still within a
reasonable timeframe of NRC’s
reinstating its review of the application
and in any event, by November 30,
2015. The current requirement to submit
an FSAR update could not be changed,
absent the exemption.
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3.0
Discussion
Pursuant to 10 CFR 50.12, the NRC
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
exemptions 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: (1)
‘‘Application of the regulation in the
particular circumstances would not
serve the underlying purpose of the rule
or is not necessary to achieve the
underlying purpose of the rule’’ (10 CFR
50.12(a)(2)(ii)); (2) ‘‘Compliance would
result in undue hardship or other costs
that are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated’’ (10 CFR
50.12(a)(2)(iii)); or (3) ‘‘The exemption
would provide only temporary relief
from the applicable regulation and the
licensee has made good faith efforts to
comply with the regulation’’ (10 CFR
50.12(a)(2)(v)).
The purpose of 10 CFR 50.71(e)(3)(iii)
is to ensure that the NRC has the most
up to date information regarding the
COL application, in order to perform an
efficient and effective review. The rule
targeted those applications that are
being actively reviewed by the NRC.
Because Luminant requested the NRC
suspend its review of the CPNPP, Units
3 and 4 COL application, compelling
Luminant to submit its FSAR on an
annual basis is not necessary as the
FSAR will not be changed or updated
until the review is restarted. Requiring
the updates would result in undue
hardship on Luminant, and the purpose
of 50.71(e)(3)(iii) would still be
achieved if the update is submitted after
restarting the review and in any event
by November 30, 2015.
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The requested exemption for filing
CPNPP COLA FSAR updates would
provide relief from the regulations of 10
CFR 50.71(e)(3)(iii) until 1 year after the
review suspension has formally been
ended. Luminant has made good faith
efforts to comply with 10 CFR
50.71(e)(3)(iii) by maintaining a ‘‘living’’
COLA, in which Luminant continuously
incorporates changes resulting from its
responses to requests for additional
information (RAIs), commitments, or
other identified changes. Luminant has
also submitted proposed changes to the
COLA FSAR pages along with responses
to NRC RAIs. Additionally, Luminant
has periodically submitted Updated
Tracking Reports, which provide
changes to the COLA FSAR that reflect
changes to the COLA FSAR.
Authorized by Law
The exemption is a one-time
exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption
would allow the applicant to submit the
CPNPP, Units 3 and 4, COLA FSAR
annual update currently scheduled for
November 2014, on or before November
30, 2015 and to submit the subsequent
FSAR annual update in November 2016.
As stated above, 10 CFR 50.12 allows
the NRC to grant exemptions. The NRC
staff has determined that granting
Luminant a one-time exemption from
the requirements of 10 CFR
50.71(e)(3)(iii) will provide only
temporary relief from this regulation
and will not result in a violation of the
Atomic Energy Act of 1954, as amended,
or the NRC’s regulations. Therefore, the
exemption is authorized by law.
No Undue Risk to Public Health and
Safety
The underlying purpose of 10 CFR
50.71(e)(3)(iii) is to provide for a timely
and comprehensive update of the FSAR
associated with a COLA in order to
support an effective and efficient review
by the NRC staff and issuance of the
NRC staff’s safety evaluation report
(SER). 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.
Based on the above, no new accident
precursors are created by the exemption;
thus, the probability of postulated
accidents is not increased. Also, based
on the above, the consequences of
postulated accidents are not increased.
Therefore, there is no undue risk to
public health and safety.
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16063
Consistent With Common Defense and
Security
The authorized exemption would
allow Luminant to submit the FSAR
annual update (Revision 5) currently
scheduled for November 2014, on or
before November 30, 2015 and to submit
the subsequent FSAR annual update in
November 2016. This schedule change
has no relation to security issues.
Therefore, the common defense and
security is not impacted by this
exemption.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2), are present
whenever: (1) ‘‘Application of the
regulation in the particular
circumstances would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule’’ (10 CFR
50.12(a)(2)(ii)); (2) ‘‘Compliance would
result in undue hardship or other costs
that are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated’’ (10 CFR
50.12(a)(2)(iii)); or (3) ‘‘The exemption
would provide only temporary relief
from the applicable regulation and the
licensee has made good faith efforts to
comply with the regulation’’ (10 CFR
50.12(a)(2)(v)).
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 COLA in order to
support an effective and efficient review
by the NRC staff and issuance of the
NRC staff’s SER. As discussed above,
the requested exemption is solely
administrative in nature, in that it
pertains to submittal of revisions to an
application under 10 CFR Part 52, for
which a license has not been granted.
Because the requirement to annually
update the FSAR was intended for
active reviews and the CPNPP Units 3
and 4 COL application review will soon
be suspended, the application of this
regulation in this particular
circumstance is unnecessary in order to
achieve its underlying purpose. The
requested exemption would permit
Luminant to fully suspend work on the
CCNPP COLA FSAR for more than 1
year. Due to the suspension of review
work, this exemption will not affect the
NRC staff’s review, and therefore does
not affect the underlying purpose of 10
CFR 50.71(e)(3)(iii). Because the
application of 10 CFR 50.71(e)(3)(iii) in
the particular circumstances is not
necessary to achieve the underlying
purpose of that rule; granting a one-time
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
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exemption from 10 CFR 50.71(e)(3)(iii)
would provide relief during the
suspension of review work. Since
Luminant has made good faith efforts to
comply with the regulation, the special
circumstances required by 10 CFR 50.12
(a)(2) for the granting of an exemption
from 10 CFR 50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion
From Environmental Review
With respect to the exemption’s
impact on the quality of the human
environment, the NRC has determined
that this specific exemption request is
eligible for categorical exclusion as
identified in 10 CFR 51.22(c)(25) and
justified by the NRC staff as follows:
(c) The following categories of actions
are categorical exclusions:
(25) Granting of an exemption from
the requirements of any regulation of
this chapter, provided that—
(i) There is no significant hazards
consideration;
The criteria for determining whether
there is no significant hazards
consideration are found in 10 CFR
50.92. The proposed action involves
only a schedule change regarding the
submission of an update to the
application for which the licensing
review has been suspended. Therefore,
there is no significant hazards
consideration because granting the
proposed exemption would not:
(1) Involve a significant increase in
the probability or consequences of an
accident previously evaluated; or
(2) Create the possibility of a new or
different kind of accident from any
accident previously evaluated; or
(3) Involve a significant reduction in
a margin of safety.
(ii) There is no significant change in
the types or significant increase in the
amounts of any effluents that may be
released offsite;
The proposed action involves only a
schedule change which is
administrative in nature, and does not
involve any changes to be made in the
types or significant increase in the
amounts of effluents that may be
released offsite.
(iii) There is no significant increase in
individual or cumulative public or
occupational radiation exposure;
Since the proposed action involves
only a schedule change which is
administrative in nature, it does not
contribute to any significant increase in
occupational or public radiation
exposure.
(iv) There is no significant
construction impact;
The proposed action involves only a
schedule change which is
administrative in nature; the application
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14:29 Mar 21, 2014
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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
Luminant and
(G) Scheduling requirements;
The proposed exemption relates to the
schedule for submitting FSAR updates
to the NRC.
ACTION:
4.0 Conclusion
Accordingly, the NRC has determined
that, pursuant to 10 CFR 50.12(a), a onetime exemption is authorized by law
and 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 NRC hereby grants Luminant a onetime exemption from the requirements
of 10 CFR 50.71(e)(3)(iii) pertaining to
the CPNPP, Units 3 and 4, COLA to
allow the submittal of the FSAR update
scheduled for November 2014, on or
before November 30, 2015 and to submit
the subsequent FSAR annual update in
November 2016.
Pursuant to 10 CFR 51.22, the
Commission NRC 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.
FOR FURTHER INFORMATION CONTACT:
Dated at Rockville, Maryland, this 13th day
of March 2014.
For the Nuclear Regulatory Commission.
Samuel Lee,
Chief, Licensing Branch 2, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2014–06354 Filed 3–21–14; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2012–59 and CP2014–36;
Order No. 2025]
International Mail Contract
AGENCY:
PO 00000
Postal Regulatory Commission.
Frm 00132
Fmt 4703
Sfmt 4703
Notice.
The Commission is noticing a
recent Postal Service filing concerning
an International Business Reply Service
Competitive Contract 3 (IBRS
Competitive Contract 3) negotiated
service agreement. This notice informs
the public of the filing, invites public
comment, and takes other
administrative steps.
DATES: Comments are due: March 25,
2014.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
Brian Corcoran, Acting General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Filings
III. Ordering Paragraphs
I. Introduction
On March 14, 2014, the Postal Service
filed notice that it has established
contingency prices pursuant to an
existing, albeit expired, International
Business Reply Service Competitive
Contract 3 (IBRS Competitive Contract
3) negotiated service agreement.1
The Notice includes four attachments:
A redacted copy of the notice to the
customer of the contingency prices, a
redacted copy of Governors’ Decision
No. 08–24, a certification of compliance
with 39 U.S.C. 3633(a), and an
application for non-public treatment of
certain materials. It also includes
supporting financial workpapers.
II. Notice of Filings
The Postal Service filed its Notice in
Docket No. CP2014–36. However, the
contingency prices described in the
Notice were established pursuant to a
term of an agreement approved by the
Commission in Docket No. CP2012–59
that continued in effect after the
agreement expired.2 As such, the
contingency prices are more properly
1 Notice of United States Postal Service of Prices
Under Functionally Equivalent International
Business Reply Service Competitive Contract 3
Negotiated Service Agreement, March 14, 2014
(Notice).
2 Notice at 2. See also Docket No. CP2012–59,
Order No. 1480, Order Approving New
International Business Reply Service Competitive
Contract 3 Agreement, September 27, 2012.
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]]>Agencies
[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16062-16064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06354]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 52-034 and 52-035; NRC-2008-0594]
Luminant Generation Company, LLC; Combined License Application
for Comanche Peak Nuclear Power Plant, Units 3 and 4, Exemption
1.0 Background
Luminant Generation Company, LLC. (Luminant) submitted to the U.S.
Nuclear Regulatory Commission (NRC), Combined License (COL)
applications for two United States--Advanced Pressurized Water Reactors
(US-APWR) in accordance with the requirements of Part 52 of Title 10 of
the Code of Federal Regulations (10 CFR), Subpart C, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants.'' These
reactors will be identified as Comanche Peak Nuclear Power Plant
(CPNPP), Units 3 and 4, and are located at the existing Comanche Peak
site in Somervell County, Texas. The NRC docketed the application on
December 2, 2008, and is currently performing a review of the
application. In addition, the NRC is currently performing a detailed
review of the Mitsubishi Heavy Industries, Ltd. (MHI) application for
the design certification of the US-APWR.
2.0 Request/Action
The regulations specified in 10 CFR 50.71(e)(3)(iii) require that
an applicant for a COL under Subpart C of 10 CFR Part 52 shall, during
the period from docketing of a COL application (COLA), until the
Commission makes a finding under 10 CFR 52.103(g) pertaining to
facility operation, submit an annual update to the application's Final
Safety Analysis Report (FSAR), which is a part of the COLA.
On November 7, 2013, (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML13316A369) Luminant submitted a request
to the NRC that all reviews associated with the COLA for CPNPP, Units 3
and 4, be suspended for an indeterminate period beginning March 31,
2014. Luminant then submitted COLA, FSAR, Revision 4, on November 26,
2013 (ADAMS Accession No. ML13344B515). Pursuant to 10 CFR
50.71(e)(3)(iii), the next annual update (COLA, FSAR, Revision 5) would
be due in November 2014. On January 14, 2014, Luminant requested an
exemption from the requirements of 10 CFR 50.71(e)(3)(iii) for an
indeterminate period until a change in COLA status is formally
requested (ADAMS Accession No. ML14016A298).
In summary, the requested exemption from the requirements of 10 CFR
50.71(e)(3)(iii) is for an indeterminate period. The exemption would
allow Luminant to submit the subsequent FSAR update (Revision 5) one
year after the COLA review suspension period is formally ended. The
FSAR update schedule could not be changed, absent the exemption.
Luminant'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, Luminant asked the NRC to grant the exemption
[[Page 16063]]
from 10 CFR 50.71(e)(3)(iii), until one year after the end of the
suspension period. Because such a request is seen as open-ended, the
NRC included an imposed November 30, 2015 deadline as part of its
review of the exemption request. The exemption would allow Luminant to
submit the next FSAR update at a later date, but still within a
reasonable timeframe of NRC's reinstating its review of the application
and in any event, by November 30, 2015. 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 NRC 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 exemptions 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:
(1) ``Application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule or is not necessary
to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); (2) ``Compliance would result in undue hardship or
other costs that are significantly in excess of those contemplated when
the regulation was adopted, or that are significantly in excess of
those incurred by others similarly situated'' (10 CFR
50.12(a)(2)(iii)); or (3) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee has made good
faith efforts to comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
The purpose of 10 CFR 50.71(e)(3)(iii) is to ensure that the NRC
has the most up to date information regarding the COL application, in
order to perform an efficient and effective review. The rule targeted
those applications that are being actively reviewed by the NRC. Because
Luminant requested the NRC suspend its review of the CPNPP, Units 3 and
4 COL application, compelling Luminant to submit its FSAR on an annual
basis is not necessary as the FSAR will not be changed or updated until
the review is restarted. Requiring the updates would result in undue
hardship on Luminant, and the purpose of 50.71(e)(3)(iii) would still
be achieved if the update is submitted after restarting the review and
in any event by November 30, 2015.
The requested exemption for filing CPNPP COLA FSAR updates would
provide relief from the regulations of 10 CFR 50.71(e)(3)(iii) until 1
year after the review suspension has formally been ended. Luminant has
made good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by
maintaining a ``living'' COLA, in which Luminant continuously
incorporates changes resulting from its responses to requests for
additional information (RAIs), commitments, or other identified
changes. Luminant has also submitted proposed changes to the COLA FSAR
pages along with responses to NRC RAIs. Additionally, Luminant has
periodically submitted Updated Tracking Reports, which provide changes
to the COLA FSAR that reflect changes to the COLA FSAR.
Authorized by Law
The exemption is a one-time exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption would allow the applicant to submit
the CPNPP, Units 3 and 4, COLA FSAR annual update currently scheduled
for November 2014, on or before November 30, 2015 and to submit the
subsequent FSAR annual update in November 2016. As stated above, 10 CFR
50.12 allows the NRC to grant exemptions. The NRC staff has determined
that granting Luminant a one-time exemption from the requirements of 10
CFR 50.71(e)(3)(iii) will provide only temporary relief from this
regulation and will not result in a violation of the Atomic Energy Act
of 1954, as amended, or the NRC's regulations. Therefore, the exemption
is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
a timely and comprehensive update of the FSAR associated with a COLA in
order to support an effective and efficient review by the NRC staff and
issuance of the NRC staff's safety evaluation report (SER). 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.
Based on the above, no new accident precursors are created by the
exemption; thus, the probability of postulated accidents is not
increased. Also, based on the above, the consequences of postulated
accidents are not increased. Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and Security
The authorized exemption would allow Luminant to submit the FSAR
annual update (Revision 5) currently scheduled for November 2014, on or
before November 30, 2015 and to submit the subsequent FSAR annual
update in November 2016. This schedule change has no relation to
security issues. Therefore, the common defense and security is not
impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present whenever: (1) ``Application of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); (2) ``Compliance would result in undue hardship or
other costs that are significantly in excess of those contemplated when
the regulation was adopted, or that are significantly in excess of
those incurred by others similarly situated'' (10 CFR
50.12(a)(2)(iii)); or (3) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee has made good
faith efforts to comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
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 COLA in
order to support an effective and efficient review by the NRC staff and
issuance of the NRC staff's SER. As discussed above, the requested
exemption is solely administrative in nature, in that it pertains to
submittal of revisions to an application under 10 CFR Part 52, for
which a license has not been granted. Because the requirement to
annually update the FSAR was intended for active reviews and the CPNPP
Units 3 and 4 COL application review will soon be suspended, the
application of this regulation in this particular circumstance is
unnecessary in order to achieve its underlying purpose. The requested
exemption would permit Luminant to fully suspend work on the CCNPP COLA
FSAR for more than 1 year. Due to the suspension of review work, this
exemption will not affect the NRC staff's review, and therefore does
not affect the underlying purpose of 10 CFR 50.71(e)(3)(iii). Because
the application of 10 CFR 50.71(e)(3)(iii) in the particular
circumstances is not necessary to achieve the underlying purpose of
that rule; granting a one-time
[[Page 16064]]
exemption from 10 CFR 50.71(e)(3)(iii) would provide relief during the
suspension of review work. Since Luminant has made good faith efforts
to comply with the regulation, the special circumstances required by 10
CFR 50.12 (a)(2) for the granting of an exemption from 10 CFR
50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion From Environmental Review
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25) and justified by the NRC staff as follows:
(c) The following categories of actions are categorical exclusions:
(25) Granting of an exemption from the requirements of any
regulation of this chapter, provided that--
(i) There is no significant hazards consideration;
The criteria for determining whether there is no significant
hazards consideration are found in 10 CFR 50.92. The proposed action
involves only a schedule change regarding the submission of an update
to the application for which the licensing review has been suspended.
Therefore, there is no significant hazards consideration because
granting the proposed exemption would not:
(1) Involve a significant increase in the probability or
consequences of an accident previously evaluated; or
(2) Create the possibility of a new or different kind of accident
from any accident previously evaluated; or
(3) Involve a significant reduction in a margin of safety.
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
The proposed action involves only a schedule change which is
administrative in nature, and does not involve any changes to be made
in the types or significant increase in the amounts of effluents that
may be released offsite.
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
Since the proposed action involves only a schedule change which is
administrative in nature, it does not contribute to any significant
increase in occupational or public radiation exposure.
(iv) There is no significant construction impact;
The proposed action involves only a schedule change which is
administrative in nature; the application review is suspended until
further notice, and there is no consideration of any construction at
this time, and hence the proposed action does not involve any
construction impact.
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
The proposed action involves only a schedule change which is
administrative in nature, and does not impact the probability or
consequences of accidents.
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements;
The exemption request involves submitting an updated FSAR by
Luminant and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting FSAR
updates to the NRC.
4.0 Conclusion
Accordingly, the NRC has determined that, pursuant to 10 CFR
50.12(a), a one-time exemption is authorized by law and 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 NRC hereby grants Luminant a
one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the CPNPP, Units 3 and 4, COLA to allow the submittal of
the FSAR update scheduled for November 2014, on or before November 30,
2015 and to submit the subsequent FSAR annual update in November 2016.
Pursuant to 10 CFR 51.22, the Commission NRC 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 13th day of March 2014.
For the Nuclear Regulatory Commission.
Samuel Lee,
Chief, Licensing Branch 2, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2014-06354 Filed 3-21-14; 8:45 am]
BILLING CODE 7590-01-P
