Entergy Operations, Inc.; Combined License Application for Grand Gulf Station Unit 3 Exemption, 78498-78500 [2014-30581]
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78498
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
criterion warrant careful consideration
of the benefits that may be obtained by
NSF when providing management fee.
Although not an exhaustive list, the
following are examples of expenses that
do not benefit NSF:
• Alcoholic beverages
• Tickets to concerts, sporting and
other events
• Vacation or other travel for nonbusiness purposes
• Charitable contributions
• Social or sporting club
memberships
• Meals for non-business purposes or
so extravagant as to constitute
entertainment
• Luxury or personal items
• Lobbying as set forth in the Uniform
Guidance at 2 CFR 200.450
Costs that are otherwise reimbursable
as described in the Uniform Guidance at
Subpart E should not be included as
part of the management fee negotiation.
The fee proposal must provide
sufficient visibility into each criterion to
identify its intended purpose. The
proposal must also include a schedule
of all federal, non-federal, and other
sources of income to justify that
alternate sources of income are not
available to address potential needs
covered in the proposal. Agreement on
management fee amounts shall be
completed and a sum certain
established prior to the initiation of
work under an award or any subsequent
period not authorized as part of the
initial award. Recipients may draw
down management fee in proportion to
costs incurred during the performance
period. Fee established for a period
longer than one year shall be subject to
adjustment in the event of a significant
change to the budget or work scope.
Even though management fee
represents an amount in excess of cost
and therefore not subject to application
of the cost principles set forth at 2 CFR
part 200, subpart E, NSF maintains a
strong interest in how those monies are
used. Information on actual uses of
management fee previously awarded by
NSF in the preceding five-year period
under any award shall be included in
the proposing organization’s fee
proposal. For incumbent awardees, fee
proposals submitted in response to a
NSF program solicitation shall include
information regarding their management
fee usage under the preceding award(s).
NSF will examine the extent to which
awardee fee proposals have proven
reliable when compared with actual
uses of management fee. NSF will also
perform periodic reviews of
management fee usage under an award.
Repeated, unexplained failure to
reasonably adhere to planned uses of fee
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will result in reduction of future
management fee amounts under the
award.
Dated: December 19, 2014.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2014–30244 Filed 12–29–14; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–024; NRC–2008–0233]
Entergy Operations, Inc.; Combined
License Application for Grand Gulf
Station Unit 3 Exemption
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
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The
following sections include the text of
the exemption in its entirety as issued
to EOI.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to an October 16,
2014, letter from Entergy Operations,
Inc. (EOI) which requested an
exemption to suspend maintaining the
Departures Report and the design
control document (DCD) Update Report
until December 31, 2015, or coincident
with resuming the review of the for
Grand Gulf Nuclear Station (GGNS)
Combined License (COL) application,
whichever comes first. The NRC staff
reviewed this request and determined
that it is appropriate to grant the
exemption.
ADDRESSES: Please refer to Docket ID
NRC–2008-0233 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
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
SUMMARY:
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
the document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Lynnea Wilkins, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1377; email: Lynnea.Wilkins@
nrc.gov.
The NRC accepted for docketing the
Grand Gulf Nuclear Station Unit 3
(GGNS3) COL application on April 17,
2008 (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 October 16,
2014, (ADAMS Accession No.
ML14289A520), EOI requested an
exemption from the requirements of 10
CFR part 52, Appendix E, Paragraphs
X.A.1, X.A.2, and X.B.3.b until
December 31, 2015 or coincident with
resuming the review of the for RBS3
COL application, whichever comes first.
II. Request/Action
10 CFR part 52, Appendix E,
Paragraph X.A.1 requires that the
applicant for this appendix shall
maintain a copy of the generic DCD
[design control document] that includes
all generic changes it makes to Tier 1
and Tier 2, and the generic TS and other
operational requirements. The applicant
shall maintain sensitive unclassified
non-safeguards information (including
proprietary information and securityrelated information) and safeguards
information referenced in the generic
DCD for the period that this appendix
may be referenced, as specified in
Section VII of this appendix.
10 CFR part 52, Appendix E,
Paragraph X.A.2 requires that an
applicant or licensee who references
this appendix shall maintain the plantspecific DCD to accurately reflect both
generic changes to the generic DCD and
plant-specific departures made under
Section VIII of this appendix throughout
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the period of application and for the
term of the license (including any
period of renewal).
10 CFR part 52, Appendix E,
Paragraph X.B.3.b requires that during
the interval from the date of application
for a license to the date the
Commissions makes its findings
required by 10 CFR 52.103(g), the
[Departures] report must be submitted
semiannually. Updates to the plantspecific DCD must be submitted
annually and may be submitted along
with amendments to the application.
By letter dated January 9, 2009, EOI
requested that the NRC suspend review
of the GGNS COL application. The NRC
granted EOI’s request for suspension of
all review activities while the
application remained docketed. In a
letter dated, October 16, 2014, EOI
requested an exemption from the
requirements of 10 CFR part 52,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b until December 31, 2015 or
coincident with resuming the review of
the for GGNS COL application,
whichever comes first.
EOI’s requested exemption is seen as
a schedule change from the
requirements of 10 CFR part 52,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b. The exemption would
allow EOI to suspend maintaining the
Departures Report and the DCD Update
Report and forego submitting these
reports until December 31, 2015, or
coincident with resuming the review of
the GGNS COL application, whichever
comes first.
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 part 52, Appendix E,
Paragraphs X.A.1, X.A.2, and X.B.3.b
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)); ‘‘compliance would
result in undue hardship or other costs
that are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated (10 CFR
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50.12(a)(2)(iii)) or; ‘‘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 purposes of 10 CFR part 52,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b are to maintain reports
pertaining to the ESBWR and plantspecific DCDs associated with a COL
application current and to provide
timely, current, comprehensive reports
and updates in order to support an
effective and efficient review by NRC
staff and issuance of the staff’s safety
evaluation report.
Because EOI requested the NRC to
suspend its review of the GGNS COL
application, the Departures Report and
DCD Update, if provided, would not be
reviewed by the NRC. Therefore,
compelling EOI to provide Departures
Report and DCD Update would result in
an unnecessary burden and hardship for
the applicant. For this reason the
application of 10 CFR part 52, Appendix
E, Paragraphs X.A.1, X.A.2, and X.B.3.b
can be deemed unnecessary and
therefore, special circumstances are
present.
Authorized by Law
The exemption is a temporary
exemption from the requirements of 10
CFR part 52, Appendix E, Paragraphs
X.A.1, X.A.2, and X.B.3.b. The
exemption would allow EOI to suspend
maintaining the Departures Report and
the DCD Update Report and forego
submitting these reports until December
31, 2015, or coincident with resuming
the review of the GGNS COL
application, whichever comes first. As
stated above, 10 CFR 50.12 allows the
NRC to grant exemptions from the
requirements of 10 CFR part 52. The
NRC staff has determined that granting
EOI the requested exemption from the
requirements of 10 CFR part 50,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b will be only temporary, 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
part 52, Appendix E, Paragraphs X.A.1,
X.A.2, and X.B.3.b are to maintain
reports pertaining to the ESBWR and
plant-specific DCDs associated with a
COL application current and to provide
timely, current, comprehensive reports
and updates in order to support an
effective and efficient review by NRC
staff and issuance of the staff’s safety
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78499
evaluation report. The requested
exemption is administrative in nature in
that it pertains to activities for which a
license has not been granted; hence,
there are no safety implications.
Specifically, there are no new health or
safety issues created and no increase in
the probability of postulated accidents
or their consequences associated with
this exemption request. Therefore, there
is no undue risk to public health and
safety.
Consistent With Common Defense and
Security
The exemption would allow EOI to
suspend maintaining the Departures
Report and the DCD Update Report and
forego submitting these reports until
December 31, 2015 or coincident with
resuming the review of the GGNS COL
application, whichever comes first. 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), 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)); compliance would result
in undue hardship or other costs that
are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated (10 CFR
50.12(a)(2)(iii)) or; ‘‘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
underlying purposes of 10 CFR part 52,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b are to maintain reports
pertaining to the ESBWR and plantspecific DCDs associated with a COL
application current and to provide
timely, current, comprehensive reports
and updates in order to support an
effective and efficient review by NRC
staff and issuance of the staff’s safety
evaluation report.
Because the requirement to maintain
reports pertaining to the ESBWR and
plant-specific DCDs associated with a
COL application 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 EOI would then be required
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
to comply by the earlier of a restart or
the review or December 31, 2015, and
the purpose of the rule would still be
achieved. Additionally, because EOI
requested the NRC to suspend its review
of the GGNS COL application, the
Departures Report and DCD Update, if
provided, would not be reviewed by the
NRC. Therefore, compelling EOI to
provide Departures Report and DCD
Update would result in an unnecessary
burden and hardship for the applicant.
In addition, the exemption is a
temporary exemption from the
requirements of 10 CFR part 52,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b. EOI has made good faith
efforts to comply with the regulation.
The exemption would allow EOI to
suspend maintaining the Departures
Report and the DCD Update Report and
forego submitting these reports until
December 31, 2015, or coincident with
resuming the review of the GGNS COL
application, whichever comes first.
Therefore, the special circumstances
required by 10 CFR 50.12(a)(2)(ii), (iii),
and (v) for the granting of an exemption
from 10 CFR part 50, Appendix E,
Paragraphs X.A.1, X.A.2, and X.B.3.b
exist.
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Eligibility for Categorical Exclusion
From Environmental Review
With respect to the exemption’s
impact on the quality of the human
environment, the NRC has determined
that this specific exemption request is
eligible for categorical exclusion as
identified in 10 CFR 51.22(c)(25) 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.
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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.
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 as described in 10
CFR 50.12(a)(2)(ii), (iii), and (v) are
present. Therefore, the Commission
hereby grants EOI the exemption from
the requirements of 10 CFR part 50,
Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b pertaining to the Grand Gulf
Nuclear Station COL application to
allow submittal of the Departures Report
and the DCD Update Report 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 22nd
day of December 2014.
For the Nuclear Regulatory Commission.
Perry Buckberg,
Acting Branch Chief, Licensing Branch 3,
Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2014–30581 Filed 12–29–14; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–036; NRC–2008–0616]
Entergy Operations, Inc.; Combined
License Application for River Bend
Station Unit 3 Exemption
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to an October 16,
2014, letter from Entergy Operations,
Inc. (EOI) which requested an
exemption to suspend maintaining the
Departures Report and the design
control document (DCD) Update Report
until December 31, 2015, or coincident
with resuming the review of the for
River Bend Station Unit 3 (RBS3)
Combined License (COL) application,
whichever comes first. The NRC staff
reviewed this request and determined
that it is appropriate to grant the
exemption.
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
https://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
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
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
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.
SUMMARY:
E:\FR\FM\30DEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78498-78500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30581]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-024; NRC-2008-0233]
Entergy Operations, Inc.; Combined License Application for Grand
Gulf Station Unit 3 Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to an October 16, 2014, letter from Entergy
Operations, Inc. (EOI) which requested an exemption to suspend
maintaining the Departures Report and the design control document (DCD)
Update Report until December 31, 2015, or coincident with resuming the
review of the for Grand Gulf Nuclear Station (GGNS) Combined License
(COL) application, whichever comes first. The NRC staff reviewed this
request and determined that it is appropriate to grant the exemption.
ADDRESSES: Please refer to Docket ID NRC-2008-0233 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 https://www.regulations.gov and search for Docket ID NRC-2008-0233. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that the document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Lynnea Wilkins, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1377; email: Lynnea.Wilkins@nrc.gov.
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to EOI.
I. Background
The NRC accepted for docketing the Grand Gulf Nuclear Station Unit
3 (GGNS3) COL application on April 17, 2008 (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 October 16, 2014, (ADAMS Accession
No. ML14289A520), EOI requested an exemption from the requirements of
10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b until
December 31, 2015 or coincident with resuming the review of the for
RBS3 COL application, whichever comes first.
II. Request/Action
10 CFR part 52, Appendix E, Paragraph X.A.1 requires that the
applicant for this appendix shall maintain a copy of the generic DCD
[design control document] that includes all generic changes it makes to
Tier 1 and Tier 2, and the generic TS and other operational
requirements. The applicant shall maintain sensitive unclassified non-
safeguards information (including proprietary information and security-
related information) and safeguards information referenced in the
generic DCD for the period that this appendix may be referenced, as
specified in Section VII of this appendix.
10 CFR part 52, Appendix E, Paragraph X.A.2 requires that an
applicant or licensee who references this appendix shall maintain the
plant-specific DCD to accurately reflect both generic changes to the
generic DCD and plant-specific departures made under Section VIII of
this appendix throughout
[[Page 78499]]
the period of application and for the term of the license (including
any period of renewal).
10 CFR part 52, Appendix E, Paragraph X.B.3.b requires that during
the interval from the date of application for a license to the date the
Commissions makes its findings required by 10 CFR 52.103(g), the
[Departures] report must be submitted semiannually. Updates to the
plant-specific DCD must be submitted annually and may be submitted
along with amendments to the application.
By letter dated January 9, 2009, EOI requested that the NRC suspend
review of the GGNS COL application. The NRC granted EOI's request for
suspension of all review activities while the application remained
docketed. In a letter dated, October 16, 2014, EOI requested an
exemption from the requirements of 10 CFR part 52, Appendix E,
Paragraphs X.A.1, X.A.2, and X.B.3.b until December 31, 2015 or
coincident with resuming the review of the for GGNS COL application,
whichever comes first.
EOI's requested exemption is seen as a schedule change from the
requirements of 10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b. The exemption would allow EOI to suspend maintaining the
Departures Report and the DCD Update Report and forego submitting these
reports until December 31, 2015, or coincident with resuming the review
of the GGNS COL application, whichever comes first.
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 part 52, Appendix
E, Paragraphs X.A.1, X.A.2, and X.B.3.b 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)); ``compliance
would result in undue hardship or other costs that are significantly in
excess of those contemplated when the regulation was adopted, or that
are significantly in excess of those incurred by others similarly
situated (10 CFR 50.12(a)(2)(iii)) or; ``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 purposes of 10 CFR part 52, Appendix E, Paragraphs X.A.1,
X.A.2, and X.B.3.b are to maintain reports pertaining to the ESBWR and
plant-specific DCDs associated with a COL application current and to
provide timely, current, comprehensive reports and updates in order to
support an effective and efficient review by NRC staff and issuance of
the staff's safety evaluation report.
Because EOI requested the NRC to suspend its review of the GGNS COL
application, the Departures Report and DCD Update, if provided, would
not be reviewed by the NRC. Therefore, compelling EOI to provide
Departures Report and DCD Update would result in an unnecessary burden
and hardship for the applicant. For this reason the application of 10
CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b can be
deemed unnecessary and therefore, special circumstances are present.
Authorized by Law
The exemption is a temporary exemption from the requirements of 10
CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b. The
exemption would allow EOI to suspend maintaining the Departures Report
and the DCD Update Report and forego submitting these reports until
December 31, 2015, or coincident with resuming the review of the GGNS
COL application, whichever comes first. As stated above, 10 CFR 50.12
allows the NRC to grant exemptions from the requirements of 10 CFR part
52. The NRC staff has determined that granting EOI the requested
exemption from the requirements of 10 CFR part 50, Appendix E,
Paragraphs X.A.1, X.A.2, and X.B.3.b will be only temporary, 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 part 52, Appendix E, Paragraphs
X.A.1, X.A.2, and X.B.3.b are to maintain reports pertaining to the
ESBWR and plant-specific DCDs associated with a COL application current
and to provide timely, current, comprehensive reports and updates in
order to support an effective and efficient review by NRC staff and
issuance of the staff's safety evaluation report. The requested
exemption is administrative in nature in that it pertains to activities
for which a license has not been granted; hence, there are no safety
implications. Specifically, there are no new health or safety issues
created and no increase in the probability of postulated accidents or
their consequences associated with this exemption request. Therefore,
there is no undue risk to public health and safety.
Consistent With Common Defense and Security
The exemption would allow EOI to suspend maintaining the Departures
Report and the DCD Update Report and forego submitting these reports
until December 31, 2015 or coincident with resuming the review of the
GGNS COL application, whichever comes first. 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), 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)); compliance would result in undue hardship or other
costs that are significantly in excess of those contemplated when the
regulation was adopted, or that are significantly in excess of those
incurred by others similarly situated (10 CFR 50.12(a)(2)(iii)) or;
``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 underlying
purposes of 10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and
X.B.3.b are to maintain reports pertaining to the ESBWR and plant-
specific DCDs associated with a COL application current and to provide
timely, current, comprehensive reports and updates in order to support
an effective and efficient review by NRC staff and issuance of the
staff's safety evaluation report.
Because the requirement to maintain reports pertaining to the ESBWR
and plant-specific DCDs associated with a COL application 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 EOI would then be required
[[Page 78500]]
to comply by the earlier of a restart or the review or December 31,
2015, and the purpose of the rule would still be achieved.
Additionally, because EOI requested the NRC to suspend its review of
the GGNS COL application, the Departures Report and DCD Update, if
provided, would not be reviewed by the NRC. Therefore, compelling EOI
to provide Departures Report and DCD Update would result in an
unnecessary burden and hardship for the applicant.
In addition, the exemption is a temporary exemption from the
requirements of 10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b. EOI has made good faith efforts to comply with the
regulation. The exemption would allow EOI to suspend maintaining the
Departures Report and the DCD Update Report and forego submitting these
reports until December 31, 2015, or coincident with resuming the review
of the GGNS COL application, whichever comes first.
Therefore, the special circumstances required by 10 CFR
50.12(a)(2)(ii), (iii), and (v) for the granting of an exemption from
10 CFR part 50, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b 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.
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 as described in 10 CFR 50.12(a)(2)(ii), (iii), and (v)
are present. Therefore, the Commission hereby grants EOI the exemption
from the requirements of 10 CFR part 50, Appendix E, Paragraphs X.A.1,
X.A.2, and X.B.3.b pertaining to the Grand Gulf Nuclear Station COL
application to allow submittal of the Departures Report and the DCD
Update Report 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 22nd day of December 2014.
For the Nuclear Regulatory Commission.
Perry Buckberg,
Acting Branch Chief, Licensing Branch 3, Division of New Reactor
Licensing, Office of New Reactors.
[FR Doc. 2014-30581 Filed 12-29-14; 8:45 am]
BILLING CODE 7590-01-P
