Entergy Operations, Inc.; Combined License Application for Grand Gulf, Unit 3, 73340-73343 [2014-29000]
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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Notices
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Division of Coal Mine Workers’
Compensation; Proposed Collection;
Comment Request
ACTION:
Notice.
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Office
of Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Request to be
Selected as Payee (CM–910). A copy of
the proposed information collection
request can be obtained by contacting
the office listed below in the addresses
section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
February 9, 2015.
ADDRESSES: Ms. Yoon Ferguson, U.S.
Department of Labor, 200 Constitution
Ave. NW., Room S–3201, Washington,
DC 20210, telephone (202) 693–0701,
fax (202) 693–1447, Email
ferguson.yoon@dol.gov. Please use only
one method of transmission for
comments (mail, fax, or Email).
SUPPLEMENTARY INFORMATION:
I. Background: The Federal Mine
Safety and Health Act of 1977, as
amended, 30 U.S.C. 901, provides for
the payment of benefits by the
Department of Labor (DOL) to miners
who are totally disabled due to
pneumoconiosis and to certain
survivors of the miner. If a beneficiary
is incapable of handling his or her
affairs, the person or institution
responsible for their care is required to
apply to receive the benefit payments on
the beneficiary’s behalf. The CM–910 is
the form completed by the
representative payee applicants. The
payee applicant completes the form and
mails it for evaluation to the district
office that has jurisdiction over the
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SUMMARY:
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beneficiary’s claim file. Regulations 20
CFR 725.505–513 require the collection
of this information. This information
collection is currently approved for use
through May 31, 2015.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• enhance the quality, utility and
clarity of the information to be
collected; and
• minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks the approval for the
extension of this currently-approved
information collection in order to carry
out its responsibility to evaluate an
applicant ability to be a representative
payee. If the Program were not able to
screen representative payee applicants
the beneficiary’s best interest would not
be served.
Agency: Office of Workers’
Compensation Programs.
Type of Review: Extension.
Title: Request to be Selected as Payee.
OMB Number: 1240–0010.
Agency Number: CM–910.
Affected Public: Individuals or
households; Business or other for profit;
Not-for-profit institutions.
Total Respondents: 2,300.
Total Annual Responses: 2,300.
Average Time per Response: 15
minutes.
Estimated Total Burden Hours: 575.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $1,196.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
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Dated: December 4, 2014.
Yoon Ferguson,
Agency Clearance Officer, Office of Workers’
Compensation Programs, U.S. Department of
Labor.
[FR Doc. 2014–28835 Filed 12–9–14; 8:45 am]
BILLING CODE 4510–CK–P
NATIONAL SCIENCE FOUNDATION
National Science Board; Sunshine Act
Meeting
The National Science Board’s Audit &
Oversight Committee, pursuant to NSF
regulations (45 CFR part 614), the
National Science Foundation Act, as
amended (42 U.S.C. 1862n–5), and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in
regard to the scheduling of a meeting for
the transaction of National Science
Board business, as follows:
DATE AND TIME: Friday, December 12,
2014.
SUBJECT MATTER: Discussion of
commissioning a review by an external
organization of management and audit
considerations pertaining to cooperative
agreements.
STATUS: Closed.
This meeting will be held by
teleconference originating at the
National Science Board Office, National
Science Foundation, 4201Wilson Blvd.,
Arlington, VA 22230.
Please refer to the National Science
Board Web site (www.nsf.gov/nsb) for
information or schedule updates, or
contact: Ann Bushmiller, National
Science Foundation, 4201Wilson Blvd.,
Arlington, VA 22230. Telephone: (703)
292–7000.
Ann Bushmiller,
NSB Senior Legal Counsel.
[FR Doc. 2014–28980 Filed 12–8–14; 4:15 pm]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–024; NRC–2008–0233]
Entergy Operations, Inc.; Combined
License Application for Grand Gulf,
Unit 3
Nuclear Regulatory
Commission.
ACTION: Exemption.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a July 18,
2014, request from Entergy Operations,
Inc. (EOI) which requested an
SUMMARY:
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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Notices
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, with the
stipulation that the updates to the FSAR
must be submitted the earlier of the
resumption of the COL application
review or December 31, 2015.
DATES: December 10, 2014.
ADDRESSES: Please refer to Docket ID
NRC–2008–0233 when contacting the
NRC about the availability of
information regarding this document.
You may obtain 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–2008–0233. 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 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:
Lynnea Wilkins, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1377; email: Lynnea.Wilkins@
nrc.gov.
SUPPLEMENTARY INFORMATION: The
following sections include the text of
the exemption in its entirety as issued
to EOI.
1.0 Background
On February 27, 2008, EOI submitted
to the NRC a COL application for one
Economic Simplified Boiling-Water
Reactor to be constructed and operated
at the Grand Gulf Nuclear Station
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(GGNS) site in Claiborne County,
Mississippi. On April 17, 2008, the NRC
accepted for docketing the Grand Gulf
Nuclear Station, Unit 3 (GGNS3) COL
application (ADAMS Accession No.
ML081050460, Docket No. 52–024). On
January 9, 2009, EOI requested that the
NRC temporarily suspend review of the
application and the NRC granted EOI’s
request (ADAMS Accession No.
ML090080523) while the application
remained docketed. On December 3,
2012 (ADAMS Accession No.
ML12342A231), EOI submitted updates
to the Final Safety Analysis Report
(FSAR), per Title 10 of the Code of
Federal Regulations (10 CFR)
Subsection 50.71(e)(3)(iii). On
September 30, 2013 (ADAMS Accession
No. ML13275A065), EOI requested an
exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
COL FSAR updates which was granted
on December 4, 2013 (ADAMS
Accession No. ML13298A075). On July
18, 2014 (ADAMS Accession No.
ML14202A338), EOI requested an
exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
COL FSAR updates.
2.0 Request/Action
Section 50.71(e)(3)(iii) requires that
an applicant for a COL under Subpart C
of 10 CFR part 52, must update their
FSAR annually during the period from
docketing the application to the
Commission making its 10 CFR
52.103(g) finding.
Pursuant to 10 CFR 50.71(e)(3)(iii) the
next scheduled update of the FSAR
included in the GGNS3 COL application
would be due in December 2014, based
on the granted exemption on December
4, 2013 (ADAMS Accession No.
ML13298A075). By letter dated January
9, 2009, (ADAMS Accession No.
ML090080523) EOI requested that the
NRC suspend review of the GGNS3
COL. The NRC granted EOI’s request for
suspension and all review activities
related to the GGNS3 COL application
were suspended while the application
remained docketed. In a letter dated July
18, 2014 (ADAMS Accession No.
ML14202A338), EOI requested that the
GGNS3 COL application be exempt from
the 10 CFR 50.71(e)(3)(iii) requirements
the earlier of the resumption of the
GGNS3 COL application review or
December 31, 2015.
EOI’s requested exemption is
interpreted as a one-time schedule
change from the requirements of 10 CFR
50.71(e)(3)(iii). The exemption would
allow EOI to submit the next FSAR
update the earlier of the resumption of
the EOI application review or December
31, 2015. The current FSAR update
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73341
schedule 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: ‘‘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)) and if ‘‘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.
Because EOI requested the NRC to
suspend its review of the GGNS3 COL
application, compelling EOI 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 EOI, and
the purpose of 10 CFR 50.71(e)(3)(iii)
would still be achieved if the update is
submitted the earlier of the resumption
of EOI’s application review or December
31, 2015.
The requested exemption to defer
submittal of the next update to the
FSAR included in the GGNS3 COL
application would provide only
temporary relief from the regulations of
10 CFR 50.71(e)(3)(iii). As evidenced by
the proper submittal of annual updates
on January 9, 2009 (ADAMS Accession
No. ML090130174), December 6, 2010
(ADAMS Accession No. ML103440074),
December 7, 2011 (ADAMS Accession
No. ML11343A568), and December 3,
2012 (ADAMS Accession No.
ML12342A231), EOI has made good
faith efforts to comply with 10 CFR
50.71(e)(3)(iii) prior to requesting
suspension of the review. EOI’s
exemption request asks the NRC to grant
exemption from 10 CFR 50.71(e)(3)(iii)
to December 31, 2015 or coincident with
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resuming the review of the GGNS3 COL
application, whichever occurs first.
For the reasons stated above, the
application of 10 CFR 50.71(e)(3)(iii) in
this particular circumstance can be
deemed unnecessary and the granting of
the exemption would allow only
temporary relief from a rule that the
applicant had made good faith efforts to
comply with, therefore special
circumstances are present.
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Authorized by Law
The exemption is a schedule
exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption
would allow EOI to submit the next
GGNS3 FSAR update the earlier of the
resumption of EOI’s application or
December 31, 2015, in lieu of the
required scheduled submittal in
December 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 EOI the
requested exemption from the
requirements of 10 CFR 50.71(e)(3)(iii)
will provide only temporary relief from
this regulation and will not result in a
violation of the Atomic Energy Act of
1954, as amended, or the NRC’s
regulations. Therefore, the exemption is
authorized by law.
No Undue Risk to Public Health and
Safety
The underlying purposes of 10 CFR
50.71(e)(3)(iii), is to provide for a timely
and comprehensive update of the FSAR
associated with a COL application in
order to support an effective and
efficient review by the NRC staff and
issuance of the NRC staff’s safety
evaluation report. The requested
exemption is solely administrative in
nature, in that it pertains to the
schedule for submittal to the NRC 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 EOI 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
decision is made, the probability of
postulated accidents is not increased.
Additionally, based on the nature of the
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requested exemption as described
above, no new accident precursors are
created by the 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 EOI to submit the next GGNS3
FSAR update the earlier of the
resumption of EOI’s application review
or December 31, 2015. 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
‘‘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)). 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
requirements to annually update the
FSAR was intended for active reviews
and the GGNS3 COL application is now
suspended, the application of this
regulation in this particular
circumstances is unnecessary in order to
achieve its underlying purpose. If the
NRC were to grant this exemption, and
EOI were then required to update the
FSAR the earlier of the resumption of
EOI’s application review or December
31, 2015 or coincident with any request
to restart their review, the purpose of
the rule would still be achieved.
Special circumstances, in accordance
with 10 CFR 50.12(a)(2)(v) are present
whenever the exemption would provide
only temporary relief from the
regulation and the applicant has made
good faith efforts to comply with this
regulation. Because of the assumed and
imposed new deadline (the earlier of the
resumption of EOI’s application review
or December 31, 2015), EOI’s exemption
request seeks only temporary relief from
the requirement that it file an update to
the FSAR included in the GGNS3 COL
application. Therefore, since the relief
from the requirements of 10 CFR
50.71(e)(3)(iii) would be temporary and
the applicant has made good faith
efforts to comply with the rule, and the
underlying purpose of the rule is not
served by application of the rule in this
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circumstance, the special circumstances
required by 10 CFR 50.12(a)(2)(ii) and
10 CFR 50.12(a)(2)(v) for the granting of
an exemption from 10 CFR
50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion
From Environmental Review:
With respect to the exemption’s
impact on the quality of the human
environment, the NRC has determined
that this specific exemption request is
eligible for categorical exclusion as
identified in 10 CFR 51.22(c)(25) and
justified by the NRC staff as follows:
(c) The following categories of actions
are categorical exclusions:
(25) Granting of an exemption from
the requirements of any regulation of
this chapter, provided that—
(i) There is no significant hazards
consideration;
The criteria for determining whether
there is no significant hazards
consideration are found in 10 CFR
50.92. The proposed action involves
only a schedule change regarding the
submission of an update to the
application for which the licensing
review has been suspended. Therefore,
there is no significant hazards
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) 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
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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 EOI
and
(G) Scheduling requirements;
The proposed exemption relates to the
schedule for submitting FSAR updates
to the NRC.
4.0
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a)(1) and (2), the exemption is
authorized by law, will not present an
undue risk to the public health and
safety, and is consistent with the
common defense and security. Also
special circumstances are present.
Therefore, the Commission hereby
grants EOI the exemption from the
requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the GGNS3 COL
application to allow submittal of the
next FSAR update the earlier of the
resumption of the COL application
review or 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 3rd day
of December 2014.
For the Nuclear Regulatory Commission.
Ronaldo Jenkins,
Chief, Licensing Branch 3, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. 2014–29000 Filed 12–9–14; 8:45 am]
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BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–416; NRC–2011–0262]
License Renewal Application for Grand
Gulf Nuclear Station, Unit 1
Nuclear Regulatory
Commission.
AGENCY:
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Supplemental environmental
impact statement.
ACTION:
The U.S. Nuclear Regulatory
Commission (NRC) is making available
a final plant-specific supplement,
Supplement 50, to NUREG–1437,
‘‘Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants’’ (GEIS), regarding the
renewal of Entergy Operations, Inc.
(Entergy) operating license NPF–29 for
an additional 20 years of operation for
Grand Gulf Nuclear Station, Unit 1
(GGNS).
DATES: The final Supplement 50 to the
GEIS is available as of December 10,
2014.
ADDRESSES: Please refer to Docket ID
NRC–2011–0262 when contacting the
NRC about the availability of
information regarding this document.
You may obtain 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–2011–0262. 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 final
Supplement 50 to the GEIS is in
ADAMS under Accession No.
ML14328A171.
• 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.
• Harriette Person Memorial Library:
The final Supplement 50 to the GEIS is
available for public inspection at 606
Main Street, Port Gibson, MS, 39150.
FOR FURTHER INFORMATION CONTACT:
David Drucker, Office of Nuclear
Reactor Regulation, telephone: 1–800–
368–5692, ext. 6223, email:
David.Drucker@nrc.gov, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUMMARY:
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73343
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with § 51.118 of Title
10 of the Code of Federal Regulations,
the NRC is making available final
Supplement 50 to the GEIS regarding
the renewal of Entergy operating license
NPF–29 for an additional 20 years of
operation for GGNS. Draft Supplement
50 to the GEIS was noticed by the NRC
in the Federal Register on December 12,
2013 (78 FR 75579), and noticed by the
Environmental Protection Agency on
December 20, 2013 (78 FR 77121). The
public comment period on draft
Supplement 50 to the GEIS ended on
February 11, 2014, and the comments
received are addressed in final
Supplement 50 to the GEIS.
II. Discussion
As discussed in Section 9.4 of the
final Supplement 50 to the GEIS, the
NRC staff determined that the adverse
environmental impacts of license
renewal for GGNS are not so great that
preserving the option of license renewal
for energy-planning decisionmakers
would be unreasonable. This
recommendation is based on: (1) The
analysis and findings in the GEIS; (2)
information provided in the
environmental report and other
documents submitted by Entergy; (3)
consultation with Federal, State, local,
and Tribal agencies; (4) the NRC staff’s
independent environmental review; and
(5) consideration of public comments
received during the scoping process and
on the Draft Supplemental
Environmental Impact Statement.
Dated at Rockville, Maryland, this 3rd day
of December, 2014.
For the Nuclear Regulatory Commission.
Brian D. Wittick,
Chief, Projects Branch 2, Division of License
Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–28998 Filed 12–9–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. No. 50–134; NRC–2010–0053]
Worcester Polytechnic Institute’s
Leslie C. Wilbur Nuclear Reactor
Facility
Nuclear Regulatory
Commission.
ACTION: License termination; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is noticing the
termination of Facility Operating
License No. R–61 for the Leslie C.
SUMMARY:
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73340-73343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29000]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-024; NRC-2008-0233]
Entergy Operations, Inc.; Combined License Application for Grand
Gulf, Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a July 18, 2014, request from Entergy
Operations, Inc. (EOI) which requested an
[[Page 73341]]
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,
with the stipulation that the updates to the FSAR must be submitted the
earlier of the resumption of the COL application review or December 31,
2015.
DATES: December 10, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0233 when contacting the
NRC about the availability of information regarding this document. You
may obtain 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-2008-0233. 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 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: Lynnea Wilkins, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1377; email: Lynnea.Wilkins@nrc.gov.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to EOI.
1.0 Background
On February 27, 2008, EOI submitted to the NRC a COL application
for one Economic Simplified Boiling-Water Reactor to be constructed and
operated at the Grand Gulf Nuclear Station (GGNS) site in Claiborne
County, Mississippi. On April 17, 2008, the NRC accepted for docketing
the Grand Gulf Nuclear Station, Unit 3 (GGNS3) COL application (ADAMS
Accession No. ML081050460, Docket No. 52-024). On January 9, 2009, EOI
requested that the NRC temporarily suspend review of the application
and the NRC granted EOI's request (ADAMS Accession No. ML090080523)
while the application remained docketed. On December 3, 2012 (ADAMS
Accession No. ML12342A231), EOI submitted updates to the Final Safety
Analysis Report (FSAR), per Title 10 of the Code of Federal Regulations
(10 CFR) Subsection 50.71(e)(3)(iii). On September 30, 2013 (ADAMS
Accession No. ML13275A065), EOI requested an exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit COL FSAR updates which was
granted on December 4, 2013 (ADAMS Accession No. ML13298A075). On July
18, 2014 (ADAMS Accession No. ML14202A338), EOI requested an exemption
from the 10 CFR 50.71(e)(3)(iii) requirements to submit COL FSAR
updates.
2.0 Request/Action
Section 50.71(e)(3)(iii) requires that an applicant for a COL under
Subpart C of 10 CFR part 52, must update their FSAR annually during the
period from docketing the application to the Commission making its 10
CFR 52.103(g) finding.
Pursuant to 10 CFR 50.71(e)(3)(iii) the next scheduled update of
the FSAR included in the GGNS3 COL application would be due in December
2014, based on the granted exemption on December 4, 2013 (ADAMS
Accession No. ML13298A075). By letter dated January 9, 2009, (ADAMS
Accession No. ML090080523) EOI requested that the NRC suspend review of
the GGNS3 COL. The NRC granted EOI's request for suspension and all
review activities related to the GGNS3 COL application were suspended
while the application remained docketed. In a letter dated July 18,
2014 (ADAMS Accession No. ML14202A338), EOI requested that the GGNS3
COL application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements
the earlier of the resumption of the GGNS3 COL application review or
December 31, 2015.
EOI's requested exemption is interpreted as a one-time schedule
change from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption
would allow EOI to submit the next FSAR update the earlier of the
resumption of the EOI application review or December 31, 2015. The
current FSAR update schedule 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:
``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))
and if ``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. Because
EOI requested the NRC to suspend its review of the GGNS3 COL
application, compelling EOI 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 EOI, and the purpose of 10 CFR 50.71(e)(3)(iii) would still
be achieved if the update is submitted the earlier of the resumption of
EOI's application review or December 31, 2015.
The requested exemption to defer submittal of the next update to
the FSAR included in the GGNS3 COL application would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). As
evidenced by the proper submittal of annual updates on January 9, 2009
(ADAMS Accession No. ML090130174), December 6, 2010 (ADAMS Accession
No. ML103440074), December 7, 2011 (ADAMS Accession No. ML11343A568),
and December 3, 2012 (ADAMS Accession No. ML12342A231), EOI has made
good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) prior to
requesting suspension of the review. EOI's exemption request asks the
NRC to grant exemption from 10 CFR 50.71(e)(3)(iii) to December 31,
2015 or coincident with
[[Page 73342]]
resuming the review of the GGNS3 COL application, whichever occurs
first.
For the reasons stated above, the application of 10 CFR
50.71(e)(3)(iii) in this particular circumstance can be deemed
unnecessary and the granting of the exemption would allow only
temporary relief from a rule that the applicant had made good faith
efforts to comply with, therefore special circumstances are present.
Authorized by Law
The exemption is a schedule exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption would allow EOI to submit the next
GGNS3 FSAR update the earlier of the resumption of EOI's application or
December 31, 2015, in lieu of the required scheduled submittal in
December 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 EOI the requested exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) will provide only temporary
relief from this regulation and will not result in a violation of the
Atomic Energy Act of 1954, as amended, or the NRC's regulations.
Therefore, the exemption is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purposes of 10 CFR 50.71(e)(3)(iii), is to provide
for a timely and comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
the NRC staff and issuance of the NRC staff's safety evaluation report.
The requested exemption is solely administrative in nature, in that it
pertains to the schedule for submittal to the NRC 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 EOI 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 decision is made, the probability of postulated
accidents is not increased. Additionally, based on the nature of the
requested exemption as described above, no new accident precursors are
created by the exemption 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 EOI to submit the next GGNS3
FSAR update the earlier of the resumption of EOI's application review
or December 31, 2015. 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 ``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)). 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 requirements to annually update the FSAR was intended for
active reviews and the GGNS3 COL application is now suspended, the
application of this regulation in this particular circumstances is
unnecessary in order to achieve its underlying purpose. If the NRC were
to grant this exemption, and EOI were then required to update the FSAR
the earlier of the resumption of EOI's application review or December
31, 2015 or coincident with any request to restart their review, the
purpose of the rule would still be achieved.
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v) are
present whenever the exemption would provide only temporary relief from
the regulation and the applicant has made good faith efforts to comply
with this regulation. Because of the assumed and imposed new deadline
(the earlier of the resumption of EOI's application review or December
31, 2015), EOI's exemption request seeks only temporary relief from the
requirement that it file an update to the FSAR included in the GGNS3
COL application. Therefore, since the relief from the requirements of
10 CFR 50.71(e)(3)(iii) would be temporary and the applicant has made
good faith efforts to comply with the rule, and the underlying purpose
of the rule is not served by application of the rule in this
circumstance, the special circumstances required by 10 CFR
50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) for the granting of an
exemption from 10 CFR 50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion From Environmental Review:
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25) and justified by the NRC staff as follows:
(c) The following categories of actions are categorical exclusions:
(25) Granting of an exemption from the requirements of any
regulation of this chapter, provided that--
(i) There is no significant hazards consideration;
The criteria for determining whether there is no significant
hazards consideration are found in 10 CFR 50.92. The proposed action
involves only a schedule change regarding the submission of an update
to the application for which the licensing review has been suspended.
Therefore, there is no significant hazards 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) 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
[[Page 73343]]
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 EOI
and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting FSAR
updates to the NRC.
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a)(1) and (2), the exemption is authorized by law, will not
present an undue risk to the public health and safety, and is
consistent with the common defense and security. Also special
circumstances are present. Therefore, the Commission hereby grants EOI
the exemption from the requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the GGNS3 COL application to allow submittal of the next
FSAR update the earlier of the resumption of the COL application review
or 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 3rd day of December 2014.
For the Nuclear Regulatory Commission.
Ronaldo Jenkins,
Chief, Licensing Branch 3, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2014-29000 Filed 12-9-14; 8:45 am]
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