Entergy Operations, Inc.; Combined License Application for Grand Gulf, Unit 3, 73641-73643 [2014-28999]

Download as PDF Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices hyperbaric intervention (Q 17); possible contributing factors (Q 17); the number of prior interventions completed by the injured or ill CAW (Q 17); the number of prior interventions completed by the injured or ill CAW at this working pressure (Q 17); contact information for the treating healthcare provider (Q 17); and date and time of last hyperbaric exposure for this CAW. In addition to completing the OSHA 301 Incident Report form and OSHA 300 Log of Work Related Injuries and Illnesses, Traylor JV would have to maintain records of: 1. The date, times (e.g., began compression, time spent compressing, time performing intervention, time spent decompressing), and pressure for each hyperbaric intervention. 2. The name of each individual worker exposed to hyperbaric pressure and the decompression protocols and results for each worker. 3. The total number of interventions and the amount of hyperbaric work time at each pressure. 4. The results of the post-intervention physical assessment of each CAW for signs and symptoms of decompression illness, barotrauma, nitrogen narcosis, oxygen toxicity or other health effects associated with work in compressed air for each hyperbaric intervention. mstockstill on DSK4VPTVN1PROD with NOTICES K. Notifications 1. To assist OSHA in administering the conditions specified herein, Traylor JV would have to: (a) Notify the OTPCA and the Baltimore/Washington DC Area Office of any recordable injury, illness, or fatality (by submitting the completed OSHA 301 Incident Report form 26) resulting from exposure of an employee to hyperbaric conditions including those that do not require recompression treatment (e.g., nitrogen narcosis, oxygen toxicity, barotrauma), but still meet the recordable injury or illness criteria of 29 CFR 1904. The notification would have to be made within 8 hours of the incident or 8 hours after becoming aware of a recordable injury, illness, or fatality, and submit a copy of the incident investigation (OSHA form 301) within 24 hours of the incident or 24 hours after becoming aware of a recordable injury, illness, or fatality. In addition to the information required by the OSHA form 301, the incidentinvestigation report would have to include a root-cause determination, and the preventive and corrective actions identified and implemented. (b) Provide certification within 15 working days of the incident that Traylor JV informed affected workers of 26 See footnote 10. VerDate Sep<11>2014 19:56 Dec 10, 2014 Jkt 235001 the incident and the results of the incident investigation (including the root-cause determination and preventive and corrective actions identified and implemented). (c) Notify the OTPCA and the Baltimore/Washington DC Area Office within 15 working days and in writing, of any change in the compressed-air operations that affects Traylor JV’s ability to comply with the proposed conditions specified herein. (d) Upon completion of the Blue Plains tunnel project, evaluate the effectiveness of the decompression tables used throughout the project, and provide a written report of this evaluation to the OTPCA and the Baltimore/Washington DC Area Office. Note: The evaluation report would have to contain summaries of: (1) The number, dates, durations, and pressures of the hyperbaric interventions completed; (2) decompression protocols implemented (including composition of gas mixtures (air and/or oxygen), and the results achieved; (3) the total number of interventions and the number of hyperbaric incidents (decompression illnesses and/or health effects associated with hyperbaric interventions as recorded on OSHA 301 and 300 forms, and relevant medical diagnoses and treating physicians’ opinions); and (4) root causes of any hyperbaric incidents, and preventive and corrective actions identified and implemented. (e) To assist OSHA in administering the proposed conditions specified herein, inform the OTPCA and the Baltimore/Washington DC Area Office as soon as possible after it has knowledge that it will: (i) Cease to do business; (ii) Change the location and address of the main office for managing the tunneling operations specified herein; or (iii) Transfer the operations specified herein to a successor company. (f) Notify all affected employees of this proposed permanent variance by the same means required to inform them of its application for a variance. 2. OSHA would have to approve the transfer of the proposed permanent variance to a successor company. VI. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to Section 29 U.S.C. 655(6)(d), Secretary of Labor’s Order No. 1–2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1905.11. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 73641 Signed at Washington, DC, on December 5, 2014. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2014–28994 Filed 12–10–14; 8:45 am] BILLING CODE 4510–26–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 exemption from addressing enhancements to the Emergency Preparedness (EP) rules 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 revised application must be submitted the earlier of either the NRC’s resumption of EOI’s application review or by December 31, 2015. DATES: December 11, 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 http://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 http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The SUMMARY: E:\FR\FM\11DEN1.SGM 11DEN1 73642 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 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. The following sections include the text of the exemption in its entirety as issued to EOI. SUPPLEMENTARY INFORMATION: 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 September 30, 2013 (ADAMS Accession No. ML13275A065), EOI requested an exemption from the requirements of 10 CFR part 50, Appendix E, Section I.5, as referenced by Title 10 of the Code of Federal Regulations (10 CFR) 52.79(a)(21), to submit an update by December 31, 2014. The exemption was granted by the NRC on December 4, 2013 (ADAMS Accession Nos. ML13295A461 and ML13295A464). On July 18, 2014 (ADAMS Accession No. ML14202A338), EOI requested another exemption from the requirements of 10 CFR part 50, Appendix E, Section I.5. mstockstill on DSK4VPTVN1PROD with NOTICES 2.0 Request/Action Part 50, Appendix E, Section I.5 requires that an applicant for a COL under Subpart C of 10 CFR part 52 whose application was docketed prior to December 23, 2011, must revise their COL application to comply with the EP rules published in the Federal Register (76 FR 72560) on November 23, 2011. Part 50, Appendix E, Section I.5 gives those COL applicants close to receiving their COL the option to defer addressing the changes to the EP rules; however, a VerDate Sep<11>2014 19:07 Dec 10, 2014 Jkt 235001 license amendment request must be submitted no later than December 31, 2013. An applicant that does not receive a COL before December 31, 2013, shall revise its COL application to comply with these EP rule changes no later than December 31, 2013. Because EOI will not hold a COL prior to December 31, 2013, it is therefore, required to revise its application to be compliant with the new EP rules by December 31, 2013. By letter dated January 9, 2009, EOI requested that the NRC suspend review of the GGNS3 COL application. The NRC granted EOI’s request for suspension of all review activities while the application remained docketed (ADAMS Accession No. ML090080523). On September 30, 2013, EOI requested an exemption from the requirements of 10 CFR part 50, Appendix E, Section I.5, to submit an update by December 31, 2014, to the COL application. The exemption was granted by the NRC on December 4, 2013 and is set to expire on December 31, 2014. In a letter dated, July 18, 2014, EOI requested an exemption from the requirements of 10 CFR part 50, Appendix E, Section I.5 the earlier of either the time that EOI requests reactivation of the GGNS3 COL application review or on December 31, 2015. With either the reactivation request or on December 31, 2015 EOI commits to submit an upgrade of the GGNS3 COL application addressing the enhancements to Emergency Preparedness Regulations. EOI requested an exemption from the requirements of 10 CFR part 50, Appendix E, Section I.5 to December 31, 2015 or coincident with resuming the review of the RBS3 COL application, whichever occurs first. The exemption would allow EOI to comply with the new EP rule at a later date, but still in advance of NRC’s reinstating its review of the application and in any event, by December 31, 2015. The current schedule to comply with the new EP rule by December 31, 2013, 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 part 50, Appendix E, Section I.5, 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 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule’’ (10 CFR 50.12(a)(2)(ii)). The purpose of 10 CFR part 50 Appendix E, Section I.5 was to ensure that applicants and new COL holders updated their COL application or Combined License to allow the NRC to review them efficiently and effectively, and to bring the applicants or licensees into compliance prior to COL approval and receipt of license, or operate the facility. The target of Section I.5 of the rule was those applications that were in the process of being actively reviewed by the NRC staff when the rule came into effect on November 23, 2011. Because EOI requested the NRC to suspend its review of the GGNS3 COL application, compelling EOI to revise its COL application in order to meet the December 31, 2013, compliance deadline would only bring on unnecessary burden and hardship for the applicant to meet the compliance date. As long as it is recognized that the COL application must be updated to comply with the enhancements to the EP rules, prior to the NRC approving EOI’s COL application, it makes no difference if EOI revises the COL application now, the earlier of EOI’s request to restart the review or December 31, 2015. For this reason the application of Appendix E, Section I.5 can be deemed unnecessary and, therefore, special circumstances are present. Authorized by Law The exemption is a schedule exemption from the requirements of 10 CFR part 50, Appendix E, Section I.5. The exemption would allow EOI to revise its COL application and comply with the new EP rules, at the earlier of a request for a restart of the application’s review or December 31, 2015, in lieu of December 31, 2013 the date required by 10 CFR part 50, Appendix E, Section I.5. 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 part 50, Appendix E, Section I.5 will be only temporary, and will not result in a violation of the Atomic Energy Act of 1954, as amended, or NRC’s regulations. Therefore, the exemption is authorized by law. E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices No Undue Risk to Public Health and Safety The underlying purpose of the enhancements to Emergency Preparedness found in 10 CFR part 50, Appendix E is to amend certain EP requirements which are aimed at enhancing protective measures in the event of a radiological emergency; address, in part, enhancements identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent Emergency Plan implementation among licensees; and modify certain requirements to be more effective and efficient. Since plant construction cannot proceed until the NRC review of the application is completed, a mandatory hearing is completed, and a license is issued, the exemption does not increase the probability of postulated accidents. Additionally, based on the nature of the requested exemption as described above, no new accident precursors are created by the exemption; thus, neither the probability, nor the consequences of postulated accidents are increased. Therefore, there is no undue risk to public health and safety. Consistent With Common Defense and Security The requested exemption would allow EOI to submit the revised COL application the earlier of a requested restart of the NRC COL application review or on December 31, 2015. This schedule change has no relation to security issues. Therefore, the common defense and security is not impacted. mstockstill on DSK4VPTVN1PROD with NOTICES Special Circumstances Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), are present whenever ‘‘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 part 50, Appendix E, Section I.5 is to ensure that applicants are in compliance with the new EP rules in a time that allows the NRC to effectively review their revised COL application prior to issuance of the license. Because the requirement to comply with the new EP rules was intended for active reviews and the GGNS3 COL application review is now suspended, the application of this regulation in this particular circumstance is unnecessary in order to achieve its underlying purpose. If the NRC were to grant this exemption EOI would then be required to comply by the earlier of a restart of the review or December 31, 2015 and the purpose of VerDate Sep<11>2014 19:07 Dec 10, 2014 Jkt 235001 the rule would still be achieved. Therefore, the special circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an exemption from 10 CFR part 50, Appendix E, Section I.5 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 discussed below. 10 CFR 51.22(c)(25)(i): The criteria for determining whether there is no significant hazards consideration are found in 10 CFR 50.92(c)(1)-(3). 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. There are no significant hazards considerations because granting the proposed exemption would not involve a significant increase in the probability or consequences of an accident previously evaluated, create the possibility of a new or different kind of accident from any accident previously evaluated, or involve a significant reduction in a margin of safety. 10 CFR 51.22(c)(25)(ii): 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. 10 CFR 51.22(c)(25)(iii): 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. 10 CFR 51.22(c)(25)(iv): The proposed action involves only a schedule change which is administrative in nature; the COL 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. 10 CFR 51.22(c)(25)(v): The proposed action involves only a schedule change which is administrative in nature, and does not impact the probability or consequences of radiological accidents. 10 CFR 51.22(c)(25)(vi)(B) and (G): The exemption request involves submitting an updated COL application by EOI and relates to the schedule for submitting a COL application update to the NRC. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 73643 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, Appendix E, Section I.5 pertaining to the Grand Gulf Unit 3 COL application to allow submittal of the revised COL application that complies with the new EP rules the earlier of any request to the NRC to resume the review or by 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, Branch Chief, Licensing Branch 3, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2014–28999 Filed 12–10–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–036; NRC–2008–0616] Entergy Operations, Inc. Combined License Application for River Bend Unit 3 Nuclear Regulatory Commission. ACTION: Exemption; issuance. 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 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 11, 2014. SUMMARY: E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73641-73643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28999]


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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 exemption from addressing 
enhancements to the Emergency Preparedness (EP) rules 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 revised application must be submitted the earlier of either 
the NRC's resumption of EOI's application review or by December 31, 
2015.

DATES: December 11, 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 http://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 http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The

[[Page 73642]]

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 September 30, 2013 (ADAMS 
Accession No. ML13275A065), EOI requested an exemption from the 
requirements of 10 CFR part 50, Appendix E, Section I.5, as referenced 
by Title 10 of the Code of Federal Regulations (10 CFR) 52.79(a)(21), 
to submit an update by December 31, 2014. The exemption was granted by 
the NRC on December 4, 2013 (ADAMS Accession Nos. ML13295A461 and 
ML13295A464). On July 18, 2014 (ADAMS Accession No. ML14202A338), EOI 
requested another exemption from the requirements of 10 CFR part 50, 
Appendix E, Section I.5.

2.0 Request/Action

    Part 50, Appendix E, Section I.5 requires that an applicant for a 
COL under Subpart C of 10 CFR part 52 whose application was docketed 
prior to December 23, 2011, must revise their COL application to comply 
with the EP rules published in the Federal Register (76 FR 72560) on 
November 23, 2011. Part 50, Appendix E, Section I.5 gives those COL 
applicants close to receiving their COL the option to defer addressing 
the changes to the EP rules; however, a license amendment request must 
be submitted no later than December 31, 2013. An applicant that does 
not receive a COL before December 31, 2013, shall revise its COL 
application to comply with these EP rule changes no later than December 
31, 2013. Because EOI will not hold a COL prior to December 31, 2013, 
it is therefore, required to revise its application to be compliant 
with the new EP rules by December 31, 2013. By letter dated January 9, 
2009, EOI requested that the NRC suspend review of the GGNS3 COL 
application. The NRC granted EOI's request for suspension of all review 
activities while the application remained docketed (ADAMS Accession No. 
ML090080523). On September 30, 2013, EOI requested an exemption from 
the requirements of 10 CFR part 50, Appendix E, Section I.5, to submit 
an update by December 31, 2014, to the COL application. The exemption 
was granted by the NRC on December 4, 2013 and is set to expire on 
December 31, 2014. In a letter dated, July 18, 2014, EOI requested an 
exemption from the requirements of 10 CFR part 50, Appendix E, Section 
I.5 the earlier of either the time that EOI requests reactivation of 
the GGNS3 COL application review or on December 31, 2015. With either 
the reactivation request or on December 31, 2015 EOI commits to submit 
an upgrade of the GGNS3 COL application addressing the enhancements to 
Emergency Preparedness Regulations.
    EOI requested an exemption from the requirements of 10 CFR part 50, 
Appendix E, Section I.5 to December 31, 2015 or coincident with 
resuming the review of the RBS3 COL application, whichever occurs 
first. The exemption would allow EOI to comply with the new EP rule at 
a later date, but still in advance of NRC's reinstating its review of 
the application and in any event, by December 31, 2015. The current 
schedule to comply with the new EP rule by December 31, 2013, 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 part 50, Appendix 
E, Section I.5, 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)).
    The purpose of 10 CFR part 50 Appendix E, Section I.5 was to ensure 
that applicants and new COL holders updated their COL application or 
Combined License to allow the NRC to review them efficiently and 
effectively, and to bring the applicants or licensees into compliance 
prior to COL approval and receipt of license, or operate the facility. 
The target of Section I.5 of the rule was those applications that were 
in the process of being actively reviewed by the NRC staff when the 
rule came into effect on November 23, 2011. Because EOI requested the 
NRC to suspend its review of the GGNS3 COL application, compelling EOI 
to revise its COL application in order to meet the December 31, 2013, 
compliance deadline would only bring on unnecessary burden and hardship 
for the applicant to meet the compliance date. As long as it is 
recognized that the COL application must be updated to comply with the 
enhancements to the EP rules, prior to the NRC approving EOI's COL 
application, it makes no difference if EOI revises the COL application 
now, the earlier of EOI's request to restart the review or December 31, 
2015. For this reason the application of Appendix E, Section I.5 can be 
deemed unnecessary and, therefore, special circumstances are present.

Authorized by Law

    The exemption is a schedule exemption from the requirements of 10 
CFR part 50, Appendix E, Section I.5. The exemption would allow EOI to 
revise its COL application and comply with the new EP rules, at the 
earlier of a request for a restart of the application's review or 
December 31, 2015, in lieu of December 31, 2013 the date required by 10 
CFR part 50, Appendix E, Section I.5. 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 part 50, Appendix E, Section 
I.5 will be only temporary, and will not result in a violation of the 
Atomic Energy Act of 1954, as amended, or NRC's regulations. Therefore, 
the exemption is authorized by law.

[[Page 73643]]

No Undue Risk to Public Health and Safety

    The underlying purpose of the enhancements to Emergency 
Preparedness found in 10 CFR part 50, Appendix E is to amend certain EP 
requirements which are aimed at enhancing protective measures in the 
event of a radiological emergency; address, in part, enhancements 
identified after the terrorist events of September 11, 2001; clarify 
regulations to effect consistent Emergency Plan implementation among 
licensees; and modify certain requirements to be more effective and 
efficient. Since plant construction cannot proceed until the NRC review 
of the application is completed, a mandatory hearing is completed, and 
a license is issued, the exemption does not increase the probability of 
postulated accidents. Additionally, based on the nature of the 
requested exemption as described above, no new accident precursors are 
created by the exemption; thus, neither the probability, nor the 
consequences of postulated accidents are increased. Therefore, there is 
no undue risk to public health and safety.

Consistent With Common Defense and Security

    The requested exemption would allow EOI to submit the revised COL 
application the earlier of a requested restart of the NRC COL 
application review or on 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 whenever ``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 part 50, Appendix E, 
Section I.5 is to ensure that applicants are in compliance with the new 
EP rules in a time that allows the NRC to effectively review their 
revised COL application prior to issuance of the license. Because the 
requirement to comply with the new EP rules was intended for active 
reviews and the GGNS3 COL application review is now suspended, the 
application of this regulation in this particular circumstance is 
unnecessary in order to achieve its underlying purpose. If the NRC were 
to grant this exemption EOI would then be required to comply by the 
earlier of a restart of the review or December 31, 2015 and the purpose 
of the rule would still be achieved. Therefore, the special 
circumstances required by 10 CFR 50.12(a)(2)(ii) for the granting of an 
exemption from 10 CFR part 50, Appendix E, Section I.5 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 discussed below.
    10 CFR 51.22(c)(25)(i): The criteria for determining whether there 
is no significant hazards consideration are found in 10 CFR 
50.92(c)(1)-(3). 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. There are no significant hazards 
considerations because granting the proposed exemption would not 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, create the possibility of a new or 
different kind of accident from any accident previously evaluated, or 
involve a significant reduction in a margin of safety.
    10 CFR 51.22(c)(25)(ii): 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.
    10 CFR 51.22(c)(25)(iii): 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.
    10 CFR 51.22(c)(25)(iv): The proposed action involves only a 
schedule change which is administrative in nature; the COL 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.
    10 CFR 51.22(c)(25)(v): The proposed action involves only a 
schedule change which is administrative in nature, and does not impact 
the probability or consequences of radiological accidents.
    10 CFR 51.22(c)(25)(vi)(B) and (G): The exemption request involves 
submitting an updated COL application by EOI and relates to the 
schedule for submitting a COL application update 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, Appendix E, Section 
I.5 pertaining to the Grand Gulf Unit 3 COL application to allow 
submittal of the revised COL application that complies with the new EP 
rules the earlier of any request to the NRC to resume the review or by 
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,
Branch Chief, Licensing Branch 3, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2014-28999 Filed 12-10-14; 8:45 am]
BILLING CODE 7590-01-P