Entergy Operations, Inc. Combined License Application for River Bend Unit 3, 73643-73646 [2014-29126]

Download as PDF 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 73644 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices Please refer to Docket ID NRC–2008–0616 when contacting the NRC about the availability of information regarding this document. You may access 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–2008–0616. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individuals 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 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@gmail.com. ADDRESSES: The following sections include the text of the exemption in its entirety as issued to EOI. mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: I. Background On September 25, 2008, EOI submitted to the NRC a COL application for one Economic Simplified BoilingWater Reactor to be constructed and operated near St. Francisville, Louisiana in West Feliciana Parish. On December 4, 2008, the NRC accepted for docketing the River Bend Station Unit 3 (RBS3) COL application (ADAMS Accession No. ML083370275, Docket No. 52–036). 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. ML090080277) while the application remained docketed. On December 3, VerDate Sep<11>2014 19:07 Dec 10, 2014 Jkt 235001 2012 (ADAMS Accession No. ML12342A231), EOI submitted updates to the Final Safety Analysis Report (FSAR), per Section 50.71(e)(3)(iii) of Title 10 of the Code of Federal Regulations (10 CFR). On September 30, 2013 (ADAMS Accession No. ML13275A066), EOI requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit COL FSAR updates. The exemption was granted by the NRC on December 4, 2013 (ADAMS Accession Nos. ML13297A247 and ML13297A248). On July 18, 2014 (ADAMS Accession No. ML14202A337), EOI requested another exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit COL FSAR updates. II. 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 annual update of the FSAR concerning the RBS3 COL application would be due in December 2014 based on the granted exemption on December 4, 2013 (ADAMS Accession Nos. ML13297A247 and ML13297A248). By letter dated January 9, 2009, EOI requested that the NRC suspend review of the RBS3 COL. The NRC granted EOI’s request for suspension (ADAMS Accession No. ML090080277) and all review activities related to the RBS3 COL application were suspended while the application remained docketed. In a letter dated, July 14, 2014 (ADAMS Accession No. ML14202A337), EOI requested that the RBS3 COL application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements the earlier of the resumption of the RBS3 COL application review or December 31, 2015. EOI’s requested exemption is interpreted as a 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 resumption of the EOI application review or December 31, 2015. The current FSAR update requirement could not be changed, absent the exemption. III. 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: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 (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)(iii)) 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 RBS3 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 restart 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 RBS3 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 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 resuming the review of the RBS3 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. E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 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 RBS3 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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; thus neither probability, nor the consequences of postulated accidents are not increased. Therefore, there is no undue risk to public health and safety. VerDate Sep<11>2014 19:07 Dec 10, 2014 Jkt 235001 Consistent With Common Defense and Security The exemption would allow EOI to submit the next RBS3 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 ‘‘[a]pplication 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 requirement to annually update the FSAR was intended for active reviews and the RBS3 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, and EOI were then required to update its FSAR the earlier of the resumption of EOI’s application review or December 31, 2015, 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 of (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 RBS3 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 73645 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 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. E:\FR\FM\11DEN1.SGM 11DEN1 73646 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices (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. IV. 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 River Bend Station Unit 3 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. 2014–29126 Filed 12–10–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0256] Aquatic Environmental Studies for Nuclear Power Stations SUPPLEMENTARY INFORMATION: Nuclear Regulatory Commission. ACTION: Draft regulatory guide; request for comment. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG–4023, ‘‘Aquatic Environmental Studies for Nuclear Power Stations.’’ This DG provides technical guidance for aquatic environmental studies and SUMMARY: VerDate Sep<11>2014 19:07 Dec 10, 2014 Jkt 235001 analyses supporting decisions related to nuclear power stations by NRC regarding major Federal actions and compliance with the National Environmental Policy Act of 1969. DATES: Submit comments by February 9, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specified subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0256. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: 3WFN 06A–A44M, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on accessing information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Ryan Whited, Office of New Reactors, telephone: 301–415–1154, email: Ryan.Whited@nrc.gov and Edward O’Donnell, Office of Nuclear Regulatory Research, telephone: 301–251–7455, email: Edward.ODonnell@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 000 I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2014– 0256 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document, by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 for Docket ID NRC–2014–0256. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) 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 DG is electronically available in ADAMS under Accession No. ML13186A085. • 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. B. Submitting Comments Please include Docket ID NRC–2014– 0256 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Additional Information The NRC is issuing for public comment a DG in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73643-73646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29126]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-036; NRC-2008-0616]


Entergy Operations, Inc. Combined License Application for River 
Bend Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

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 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.

[[Page 73644]]


ADDRESSES: Please refer to Docket ID NRC-2008-0616 when contacting the 
NRC about the availability of information regarding this document. You 
may access 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-2008-0616. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individuals 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 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@gmail.com.

SUPPLEMENTARY INFORMATION: The following sections include the text of 
the exemption in its entirety as issued to EOI.

I. Background

    On September 25, 2008, EOI submitted to the NRC a COL application 
for one Economic Simplified Boiling-Water Reactor to be constructed and 
operated near St. Francisville, Louisiana in West Feliciana Parish. On 
December 4, 2008, the NRC accepted for docketing the River Bend Station 
Unit 3 (RBS3) COL application (ADAMS Accession No. ML083370275, Docket 
No. 52-036). 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. ML090080277) while the application remained 
docketed. On December 3, 2012 (ADAMS Accession No. ML12342A231), EOI 
submitted updates to the Final Safety Analysis Report (FSAR), per 
Section 50.71(e)(3)(iii) of Title 10 of the Code of Federal Regulations 
(10 CFR). On September 30, 2013 (ADAMS Accession No. ML13275A066), EOI 
requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to 
submit COL FSAR updates. The exemption was granted by the NRC on 
December 4, 2013 (ADAMS Accession Nos. ML13297A247 and ML13297A248). On 
July 18, 2014 (ADAMS Accession No. ML14202A337), EOI requested another 
exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit COL 
FSAR updates.

II. 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 annual 
update of the FSAR concerning the RBS3 COL application would be due in 
December 2014 based on the granted exemption on December 4, 2013 (ADAMS 
Accession Nos. ML13297A247 and ML13297A248). By letter dated January 9, 
2009, EOI requested that the NRC suspend review of the RBS3 COL. The 
NRC granted EOI's request for suspension (ADAMS Accession No. 
ML090080277) and all review activities related to the RBS3 COL 
application were suspended while the application remained docketed. In 
a letter dated, July 14, 2014 (ADAMS Accession No. ML14202A337), EOI 
requested that the RBS3 COL application be exempt from the 10 CFR 
50.71(e)(3)(iii) requirements the earlier of the resumption of the RBS3 
COL application review or December 31, 2015.
    EOI's requested exemption is interpreted as a 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 resumption of the EOI 
application review or December 31, 2015. The current FSAR update 
requirement could not be changed, absent the exemption.

III. 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)(iii)) 
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 RBS3 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 restart 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 RBS3 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 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 resuming the 
review of the RBS3 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.

[[Page 73645]]

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 
RBS3 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; thus neither probability, nor the 
consequences of postulated accidents are not increased. Therefore, 
there is no undue risk to public health and safety.

Consistent With Common Defense and Security

    The exemption would allow EOI to submit the next RBS3 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 ``[a]pplication 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 requirement to annually update the FSAR was intended for 
active reviews and the RBS3 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, and EOI were then required to update its FSAR 
the earlier of the resumption of EOI's application review or December 
31, 2015, 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 
of (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 
RBS3 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 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.

[[Page 73646]]

    (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.

IV. 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 River Bend Station Unit 3 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. 2014-29126 Filed 12-10-14; 8:45 am]
BILLING CODE 7590-01-P