PPL Bell Bend, LLC; Combined License Application for Bell Bend Nuclear Power Plant, 65712-65714 [2014-26313]
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65712
Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices
FOR FURTHER INFORMATION CONTACT:
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Requests for additional information, a
copy of the information collection
request, or a copy of submitted
comments should be directed to
Amanda Wallace at the National Credit
Union Administration, 1775 Duke
Street, Alexandria, VA 22314–3428, or
at OCIOPRA@ncua.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract and Request for Comments
NCUA is extending a previously
approved collection of information for
12 CFR Part 750, Golden Parachute and
Indemnification Payments. Part 750 is
NCUA’s regulation that prohibits, in
certain circumstances, a FICU from
making golden parachute and
indemnification payments to an IAP.
The collection of information
requirement applies to troubled FICUs
seeking approval to make a severance or
golden parachute payment to an IAP.
Specifically, § 750.6 requires requests
for an FICU to make nondiscriminatory
severance plan payments under
§ 750.1(e)(2)(v) and golden parachute
payments permitted by § 750.4 to be
submitted in writing to NCUA.
In NCUA’s experience, FICU requests
to make severance and golden parachute
payments within the scope of the rule
do not occur often. NCUA estimates
that, as of June 30, 2014, there are 6,429
FICUs. Of those, there were 278 problem
FICUs with CAMEL 4 or 5 ratings. Of
those, 229 FICUs had less than $50
million in total assets and an additional
22 FICUs had less than $100 million in
total assets. These smaller FICUs are
unlikely to seek NCUA approval to
make severance or golden parachute
payments because these payments are
more typically seen in the executive
compensation of larger, more complex
FICUs. Of the remaining 27 larger
problem FICUs, NCUA anticipates no
more than 20 percent would seek NCUA
approval to make a severance or golden
parachute payment. Accordingly, NCUA
estimates that on an annual basis and
across all FICUs, only approximately
five FICUs will need to solicit NCUA
approval in advance of making a
severance or golden parachute payment
within the scope of the rule and that
preparing the request for approval may
take four hours. Five FICUs times four
hours per respondent equals 20 annual
burden hours.
NCUA requests that you send your
comments on the information collection
requirements under part 750 to the
locations listed in the addresses section.
Your comments should address: (a) The
necessity of the information collection
for the proper performance of NCUA,
including whether the information will
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have practical utility; (b) the accuracy of
our estimate of the burden (hours and
cost) of the collection of information,
including the validity of the
methodology and assumptions used; (c)
ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) ways we could
minimize the burden of the collection of
the information on the respondents such
as through the use of automated
collection techniques or other forms of
information technology. It is NCUA’s
policy to make all comments available
to the public for review.
II. Data
Title: Golden Parachute and
Indemnification Payments, 12 CFR Part
750.
OMB Number: 3133–0183.
Form Number: None.
Type of Review: Extension of a
previously approved collection.
Description: Part 750 is NCUA’s
regulation prohibit, in certain
circumstances, a FICU from making
golden parachute and indemnification
payments to an IAP. The collection of
information requirement only affects
troubled FICUs seeking approval to
make a severance or golden parachute
payment to an IAP. Specifically, § 750.6
requires requests for an FICU to make
nondiscriminatory severance plan
payments under § 750.1(e)(2)(v) and
golden parachute payments permitted
by § 750.4 to be submitted in writing to
NCUA.
Respondents: Federally insured credit
unions.
Estimated No. of Respondents: 5.
Frequency of Response: Upon request.
Estimated Burden Hours per
Response: 4 hours.
Estimated Total Annual Burden
Hours: 20.
Estimated Total Annual Cost: $800.
By the National Credit Union
Administration Board on October 30, 2014.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2014–26219 Filed 11–4–14; 8:45 am]
BILLING CODE 7535–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–039; NRC–2008–0603]
PPL Bell Bend, LLC; Combined
License Application for Bell Bend
Nuclear Power Plant
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
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The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in a response to a September
24, 2014, letter from PPL Bell Bend, LLC
(PPL), which requested an exemption
from Final Safety Analysis Report
(FSAR) updates included in their
Combined License (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, or coincident with,
the resumption of the COL application
safety review or by December 31, 2015,
whichever comes first.
SUMMARY:
The exemption is effective on
November 5, 2014.
DATE:
Please refer to Docket ID
NRC–2008–0603 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0603. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
ADDRESSES:
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:
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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices
I. Background
On October 10, 2008, PPL submitted
to the NRC a COL application for a
single unit of AREVA NP’s U.S.
Evolutionary Power Reactor (EPR)
(ADAMS Accession No. ML082890663)
in accordance with the requirements of
Subpart C of Part 52 of Title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ This reactor
is to be constructed and operated as Bell
Bend Nuclear Power Plant (BBNPP), in
Luzerne County, Pennsylvania. The
NRC docketed the BBNPP COL
application on December 19, 2008
(Docket Number 52–039). Additionally,
the BBNPP COL application
incorporates by reference AREVA NP’s
application for a standard design
certification for the U.S. EPR. The NRC
is currently performing a review of the
AREVA NP application for design
certification of the U.S. EPR.
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II. Request/Action
The regulations at 10 CFR
50.71(e)(3)(iii) require that an applicant
for a COL under 10 CFR Part 52 shall,
during the period from docketing of a
COL application until the Commission
makes a finding under 10 CFR 52.103(g)
pertaining to facility operation, submit
an annual update to the application’s
FSAR, which is Part 2 of the COL
application. 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, 2014.
On January 9, 2014, PPL submitted a
request to place the safety review of the
BBNPP COL application on hold until
further notice (ADAMS Accession No.
ML14030A074). As a result of the safety
review being placed on hold, no
informational updates to the FSAR have
occurred during this time. On
September 24, 2014, 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 2014 (ADAMS
Accession No. ML14280A540).
The PPL’s requested exemption is a
one-time schedule change from the
requirements of 10 CFR 50.71(e)(3)(iii).
The exemption would allow PPL to
submit the next FSAR update at a later
date but no later than December 31,
2015. The current requirement to submit
an FSAR update could not be changed,
absent the exemption.
III. Discussion
Pursuant to 10 CFR 50.12, the NRC
may, upon application by any interested
person or upon its own initiative, grant
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exemptions from the requirements of 10
CFR Part 50, including 10 CFR
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)); or (2) the 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. As
requested by PPL in the above
referenced letter dated January 9, 2014,
the NRC placed the safety review
portion of the BBNPP COL application
on hold until further notice. Therefore,
updating the BBNPP FSAR would only
cause undue hardship on PPL, and the
purpose of 10 CFR 50.71(e)(3)(iii) would
still be achieved so long as the next
update is submitted by December 31,
2015.
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).
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, 2015. Per 10
CFR 50.12, 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 purpose of 10 CFR
50.71(e)(3)(iii) is to provide for a timely
and comprehensive update of the FSAR
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65713
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. Based on the nature of the
requested exemption as described
above, no new accident precursors are
created by the exemption; therefore,
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, 2015.
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)); or (2) The 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)).
As discussed above, the requested
one-time exemption is solely
administrative in nature, in that it
pertains to a one-time schedule change
for submittal of revisions to an
application under 10 CFR Part 52, for
which a license has not been granted.
This one-time exemption will support
the NRC staff’s effective and efficient
review of the BBNPP COL application,
when resumed, as well as issuance of
the NRC staff’s safety evaluation report.
For this reason, application of 10 CFR
50.71(e)(3)(iii) in the particular
circumstances is not necessary to
achieve the underlying purpose of that
rule. Therefore, special circumstances
exist under 10 CFR 50.12(a)(2)(ii). In
addition, special circumstances are also
present under 10 CFR 50.12(a)(2)(v)
because granting a one-time exemption
from 10 CFR 50.71(e)(3)(iii) would
provide only temporary relief. For the
above reasons, the special
circumstances required by 10 CFR
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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices
50.12(a)(2) for the granting of an
exemption from 10 CFR 50.71(e)(3)(iii)
exist.
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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). Under
10 CFR 51.22(c)(25), granting of an
exemption from the requirements of any
regulation of 10 CFR Chapter 1 (which
includes 10 CFR 50.71(e)(3)(iii)) is an
action that is a categorical exclusion,
provided that:
(i) There is no significant hazards
consideration;
(ii) There is no significant change in
the types or significant increase in the
amounts of any effluents that may be
released offsite;
(iii) There is no significant increase in
individual or cumulative public or
occupational radiation exposure;
(iv) There is no significant
construction impact;
(v) There is no significant increase in
the potential for or consequences from
radiological accidents; and
(vi) The requirements from which an
exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance
requirements;
(D) Equipment servicing or
maintenance scheduling requirements;
(E) Education, training, experience,
qualification, requalification or other
employment suitability requirements;
(F) Safeguard plans, and materials
control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity
requirements; or
(I) Other requirements of an
administrative, managerial, or
organizational nature.
The requirements from which this
exemption is sought involve only ‘‘(B)
Reporting requirements’’ or ‘‘(G)
Scheduling requirements’’ of those
required by 10 CFR 51.22(c)(25)(vi).
The NRC staff’s determination that
each of the applicable criteria for this
categorical exclusion is met as follows:
I. 10 CFR 51.22(c)(25)(i): There is no
significant hazards consideration.
Staff Analysis: The criteria for
determining if an exemption involves a
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 only the
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17:42 Nov 04, 2014
Jkt 235001
environmental portion of the licensing
review is currently underway.
Therefore, there are no significant
hazard considerations 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. 10 CFR 51.22(c)(25)(ii): There is no
significant change in the types or
significant increase in the amounts of
any effluents that may be released
offsite.
Staff Analysis: The proposed action
involves only a schedule change, which
is administrative in nature, and does not
involve any changes in the types or
significant increase in the amounts of
effluents that may be released offsite.
III. 10 CFR 51.22(c)(25)(iii): There is
no significant increase in individual or
cumulative public or occupational
radiation exposure.
Staff Analysis: 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. 10 CFR 51.22(c)(25)(iv): There is
no significant construction impact.
Staff Analysis: The proposed action
involves only a schedule change which
is administrative in nature. While the
environmental portion of the
application review is underway, the
safety portion of the COL application
review is on hold and no license will be
issued prior to receipt of the
aforementioned application’s December
31, 2015, submittal of the revised FSAR;
therefore, the proposed action does not
involve any construction impact.
V. 10 CFR 51.22(c)(25)(v): There is no
significant increase in the potential for
or consequences from radiological
accidents.
Staff Analysis: The proposed action
involves only a schedule change which
is administrative in nature and does not
impact the probability or consequences
of accidents.
VI. 10 CFR 51.22(c)(25)(vi): The
requirements from which this
exemption is sought involve only ‘‘(B)
Reporting requirements’’ or ‘‘(G)
Scheduling requirements.’’
Staff Analysis: The exemption request
involves requirements in both of these
categories because it involves
submitting an updated COL FSAR by
December 31, 2015, and also relates to
the schedule for submitting COL FSAR
updates to the NRC.
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Fmt 4703
Sfmt 4703
IV. Conclusion
The NRC has determined that,
pursuant to 10 CFR 50.12, 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 exist under 10
CFR 50.12(a)(2)(ii). This one-time
exemption will support the NRC staff’s
effective and efficient review of the COL
application, when resumed, as well as
issuance of the NRC staff’s safety
evaluation report. Therefore, the NRC
hereby grants PPL a one-time exemption
from the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the BBNPP
COL application to allow submittal of
the next FSAR update on or before
December 31, 2015.
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 30th day
of October 2014.
For The Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2014–26313 Filed 11–4–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–043; NRC–2014–0149]
Early Site Permit for the PSEG Site
Nuclear Regulatory
Commission.
ACTION: Draft environmental impact
statement; extension of comment
period.
AGENCY:
On August 22, 2014, the U.S.
Nuclear Regulatory Commission (NRC)
and the U.S. Army Corps of Engineers
(USACE) published for public comment
a draft environmental impact statement
(EIS), NUREG–2168, ‘‘Draft
Environmental Impact Statement for the
Early Site Permit (ESP) for the PSEG
Site.’’ The PSEG Site is located in Salem
County, New Jersey. The public
comment period was to have ended on
November 6, 2014. The NRC has
decided to extend the public comment
period for 30 days to allow more time
for members of the public to develop
and submit their comments.
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65712-65714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26313]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-039; NRC-2008-0603]
PPL Bell Bend, LLC; Combined License Application for Bell Bend
Nuclear Power Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in a response to a September 24, 2014, letter from PPL Bell
Bend, LLC (PPL), which requested an exemption from Final Safety
Analysis Report (FSAR) updates included in their Combined License (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, or coincident with, the
resumption of the COL application safety review or by December 31,
2015, whichever comes first.
DATE: The exemption is effective on November 5, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0603 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0603. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Michael Takacs, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-7871; email: Michael.Takacs@nrc.gov.
SUPPLEMENTARY INFORMATION:
[[Page 65713]]
I. Background
On October 10, 2008, PPL submitted to the NRC a COL application for
a single unit of AREVA NP's U.S. Evolutionary Power Reactor (EPR)
(ADAMS Accession No. ML082890663) in accordance with the requirements
of Subpart C of Part 52 of Title 10 of the Code of Federal Regulations
(10 CFR), ``Licenses, Certifications, and Approvals for Nuclear Power
Plants.'' This reactor is to be constructed and operated as Bell Bend
Nuclear Power Plant (BBNPP), in Luzerne County, Pennsylvania. The NRC
docketed the BBNPP COL application on December 19, 2008 (Docket Number
52-039). Additionally, the BBNPP COL application incorporates by
reference AREVA NP's application for a standard design certification
for the U.S. EPR. The NRC is currently performing a review of the AREVA
NP application for design certification of the U.S. EPR.
II. Request/Action
The regulations at 10 CFR 50.71(e)(3)(iii) require that an
applicant for a COL under 10 CFR Part 52 shall, during the period from
docketing of a COL application until the Commission makes a finding
under 10 CFR 52.103(g) pertaining to facility operation, submit an
annual update to the application's FSAR, which is Part 2 of the COL
application. 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, 2014.
On January 9, 2014, PPL submitted a request to place the safety
review of the BBNPP COL application on hold until further notice (ADAMS
Accession No. ML14030A074). As a result of the safety review being
placed on hold, no informational updates to the FSAR have occurred
during this time. On September 24, 2014, 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 2014 (ADAMS Accession No.
ML14280A540).
The PPL's requested exemption is a one-time schedule change from
the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow
PPL to submit the next FSAR update at a later date but no later than
December 31, 2015. The current requirement to submit an FSAR update
could not be changed, absent the exemption.
III. 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 10 CFR 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)); or
(2) the 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. As
requested by PPL in the above referenced letter dated January 9, 2014,
the NRC placed the safety review portion of the BBNPP COL application
on hold until further notice. Therefore, updating the BBNPP FSAR would
only cause undue hardship on PPL, and the purpose of 10 CFR
50.71(e)(3)(iii) would still be achieved so long as the next update is
submitted by December 31, 2015.
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).
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, 2015. Per 10 CFR 50.12, 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 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. Based on the nature of the requested exemption as described
above, no new accident precursors are created by the exemption;
therefore, 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, 2015. 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)); or (2) The 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)).
As discussed above, the requested one-time exemption is solely
administrative in nature, in that it pertains to a one-time schedule
change for submittal of revisions to an application under 10 CFR Part
52, for which a license has not been granted. This one-time exemption
will support the NRC staff's effective and efficient review of the
BBNPP COL application, when resumed, as well as issuance of the NRC
staff's safety evaluation report. For this reason, application of 10
CFR 50.71(e)(3)(iii) in the particular circumstances is not necessary
to achieve the underlying purpose of that rule. Therefore, special
circumstances exist under 10 CFR 50.12(a)(2)(ii). In addition, special
circumstances are also present under 10 CFR 50.12(a)(2)(v) because
granting a one-time exemption from 10 CFR 50.71(e)(3)(iii) would
provide only temporary relief. For the above reasons, the special
circumstances required by 10 CFR
[[Page 65714]]
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). Under 10 CFR 51.22(c)(25), granting of an exemption from
the requirements of any regulation of 10 CFR Chapter 1 (which includes
10 CFR 50.71(e)(3)(iii)) is an action that is a categorical exclusion,
provided that:
(i) There is no significant hazards consideration;
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
(iv) There is no significant construction impact;
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
(vi) The requirements from which an exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance requirements;
(D) Equipment servicing or maintenance scheduling requirements;
(E) Education, training, experience, qualification, requalification
or other employment suitability requirements;
(F) Safeguard plans, and materials control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity requirements; or
(I) Other requirements of an administrative, managerial, or
organizational nature.
The requirements from which this exemption is sought involve only
``(B) Reporting requirements'' or ``(G) Scheduling requirements'' of
those required by 10 CFR 51.22(c)(25)(vi).
The NRC staff's determination that each of the applicable criteria
for this categorical exclusion is met as follows:
I. 10 CFR 51.22(c)(25)(i): There is no significant hazards
consideration.
Staff Analysis: The criteria for determining if an exemption
involves a 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 only the
environmental portion of the licensing review is currently underway.
Therefore, there are no significant hazard considerations 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. 10 CFR 51.22(c)(25)(ii): There is no significant change in the
types or significant increase in the amounts of any effluents that may
be released offsite.
Staff Analysis: The proposed action involves only a schedule
change, which is administrative in nature, and does not involve any
changes in the types or significant increase in the amounts of
effluents that may be released offsite.
III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in
individual or cumulative public or occupational radiation exposure.
Staff Analysis: 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. 10 CFR 51.22(c)(25)(iv): There is no significant construction
impact.
Staff Analysis: The proposed action involves only a schedule change
which is administrative in nature. While the environmental portion of
the application review is underway, the safety portion of the COL
application review is on hold and no license will be issued prior to
receipt of the aforementioned application's December 31, 2015,
submittal of the revised FSAR; therefore, the proposed action does not
involve any construction impact.
V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the
potential for or consequences from radiological accidents.
Staff Analysis: The proposed action involves only a schedule change
which is administrative in nature and does not impact the probability
or consequences of accidents.
VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this
exemption is sought involve only ``(B) Reporting requirements'' or
``(G) Scheduling requirements.''
Staff Analysis: The exemption request involves requirements in both
of these categories because it involves submitting an updated COL FSAR
by December 31, 2015, and also relates to the schedule for submitting
COL FSAR updates to the NRC.
IV. Conclusion
The NRC has determined that, pursuant to 10 CFR 50.12, 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 exist under 10 CFR
50.12(a)(2)(ii). This one-time exemption will support the NRC staff's
effective and efficient review of the COL application, when resumed, as
well as issuance of the NRC staff's safety evaluation report.
Therefore, the NRC hereby grants PPL a one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the BBNPP COL
application to allow submittal of the next FSAR update on or before
December 31, 2015.
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 30th day of October 2014.
For The Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2014-26313 Filed 11-4-14; 8:45 am]
BILLING CODE 7590-01-P
