Entergy Operations, Inc.; Combined License Application for Grand Gulf, Unit 3, 73641-73643 [2014-28999]
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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.
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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.
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19:56 Dec 10, 2014
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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.
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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
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
SUMMARY:
E:\FR\FM\11DEN1.SGM
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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
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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
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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.
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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.
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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
[[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
