Duke Energy Progress; Combined License Applications for Shearon Harris Nuclear Plant Units 2 and 3, 11601-11603 [2016-04850]
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11601
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
inimical to the common defense and
security or to the health and safety of
the public. Finally, the NRC finds that
the findings required by Subpart A of 10
CFR part 51 have been made.
Accordingly, the immediately
effective construction permit was issued
on February 29, 2016.
II. Further Information
The NRC prepared a Safety Evaluation
Report (SER) and Final Environmental
Impact Statement (FEIS) that document
the information reviewed and the NRC’s
conclusion. The Commission also
issued its Memorandum and Order
documenting its final decision on the
mandatory hearing held on December
15, 2015, which serves as the ROD in
this proceeding. The NRC also prepared
a document summarizing the ROD to
accompany its action on the
construction permit application that
incorporates by reference materials
contained in the FEIS. In accordance
with 10 CFR 2.390 of the NRC’s
‘‘Agency Rules of Practice and
Procedure,’’ details with respect to this
action, including the SER, FEIS,
summary of the ROD, and
accompanying documentation included
in the construction permit package, as
well as the Commission’s hearing
decision and ROD, are available online
in the ADAMS Public Documents
collection at https://www.nrc.gov/
reading-rm/adams.html. From this site,
persons can access the NRC’s ADAMS,
which provides text and image files of
NRC’s public documents.
III. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS
Accession No.
Document
Construction Permit No. CPMIF–001 ...............................................................................................................................................
Commission’s Memorandum and Order on the mandatory hearing (ROD) ....................................................................................
Summary of the Record of Decision ................................................................................................................................................
Safety Evaluation Report Related to the SHINE Medical Technologies, Inc. Construction Permit Application for a Medical Radioisotope Production Facility.
NUREG–2183, Final Environmental Impact Statement for the Construction Permit for the SHINE Medical Radioisotope Production Facility.
SHINE Construction Permit Application ...........................................................................................................................................
Dated at Rockville, Maryland, this 29 day
of February 2016.
For the Nuclear Regulatory Commission.
Lawrence E. Kokajko,
Director, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. 2016–04864 Filed 3–3–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–022 and 52–023; NRC–
2013–0261]
Duke Energy Progress; Combined
License Applications for Shearon
Harris Nuclear Plant Units 2 and 3
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to an August 12,
2015, letter from Duke Energy Progress
(DEP). On May 2, 2013, DEP requested
that the NRC suspend review of its
combined license (COL) application
until further notice. On August 12,
2015, DEP requested an exemption from
certain regulatory requirements which,
if granted, would allow them to revise
their COL application in order to
address enhancements to the Emergency
Preparedness (EP) rules by December
31, 2016, rather than by December 31,
jstallworth on DSK7TPTVN1PROD with NOTICES
SUMMARY:
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2013, as the regulations currently
require. The NRC staff reviewed this
request and determined that it is
appropriate to grant the exemption to
the EP update requirements until
December 31, 2016, but stipulated that
the updates to the Final Safety Analysis
Report (FSAR) must be submitted prior
to requesting the NRC resume its review
of the COL application, or by December
31, 2016, whichever comes first.
DATES: The exemption is effective on
March 4, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2013–0261 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0261. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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 obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
PO 00000
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ML16041A471
ML16056A094
ML16041A470
ML15342A396
ML15288A046
ML13088A192
ML15259A272
ML15258A431
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 (if it available in
ADAMS) is provided the first time that
a 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:
Brian Hughes, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6582; email: Brian.Hughes@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 18, 2008, (ADAMS
Accession No. ML080580078) DEP
submitted to the NRC a COL application
for two units of Westinghouse Electric
Company’s AP1000 advanced
pressurized water reactors to be
constructed and operated at the existing
Shearon Harris Nuclear Plant (Harris)
site (Docket Numbers 052000–22 and
052000–23). The NRC docketed the
Harris Units 2 and 3 COL application on
April 23, 2008. On May 2, 2013
(ADAMS Accession No. ML13123A344),
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Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
DEP requested that the NRC suspend
review of the Harris Units 2 and 3 COL
application. The NRC granted DEP’s
request for suspension and all review
activities related to the Harris Units 2
and 3 COL application were suspended
while the application remained
docketed. On July 29, 2013 (ADAMS
Accession No. ML13212A361), DEP
requested an exemption from the
requirements in part 50, appendix E,
section I.5 of title 10 of the Code of
Federal Regulations (10 CFR), as
referenced by 10 CFR 52.79(a)(21), to
submit an update to the COL
application, addressing the
enhancements to the EP rules by
December 31, 2013, which the NRC
granted through December 31, 2014. On
August 1, 2014 (ADAMS Accession No.
ML14216A432), DEP requested another
exemption from the requirements of 10
CFR part 50, appendix E, section I.5, as
referenced by 10 CFR 52.79(a)(21), to
submit an update to the COL
application, addressing the
enhancements to the EP rules by
December 31, 2014, which the NRC
granted through December 31, 2015. On
August 12, 2015 (ADAMS Accession
No. ML15226A352), DEP requested
another exemption from the
requirements of 10 CFR part 50,
appendix E, section I.5, as referenced by
10 CFR 52.79(a)(21), to submit an
update to the COL application,
addressing the enhancements to the EP
rules by December 31, 2016
II. Request/Action
Part 50, appendix E, section 1.5,
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.
An applicant that does not receive a
COL before December 31, 2013, shall
revise its COL application to comply
with these changes no later than
December 31, 2013.
Since DEP 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.
Similar to an earlier exemption request
it submitted, as described above, by
letter dated August 12, 2015, (ADAMS
Accession No. ML15226A352), DEP
requested another exemption from the
requirements of 10 CFR part 50,
appendix E, section I.5, to submit the
required COL application revision to
comply with the new EP rules. The
requested exemption would allow DEP
to revise its COL application, and
comply with the new EP rules on or
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15:22 Mar 03, 2016
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before December 31, 2016, rather than
the initial December 31, 2013, date
required by 10 CFR part 50, appendix E,
section I.5. The current requirement to
comply with the new EP rule could not
be changed, absent the exemption.
III. Discussion
Pursuant to 10 CFR 50.12(a), 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)).
Authorized by Law
The exemption is a one-time schedule
exemption from the requirements of 10
CFR part 50, appendix E, section I.5.
The exemption would allow DEP to
revise its COL application, and comply
with the new EP rules on or before
December 31, 2016, in lieu of the initial
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
DEP the requested one-time exemption
from the requirements of 10 CFR part
50, appendix E, section I.5 will not
result in a violation of the Atomic
Energy Act of 1954, as amended, or NRC
regulations. Therefore, the exemption is
authorized by law.
No Undue Risk to Public Health and
Safety
The underlying purpose of the
enhancements to EP found in 10 CFR
part 50, appendix E, is to amend certain
EP requirements to enhance 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
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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 DEP to submit the revised COL
application prior to requesting the NRC
to resume the review and, in any event,
on or before December 31, 2016. 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:
(1) 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)(ii); or (2) The exemption would
only provide temporary relief from the
applicable regulation or the applicant
has made good faith efforts to comply
with the regulation (10 CFR
50.12(a)(2)(v)).
The purpose of 10 CFR part 50,
appendix E, section I.5 is to ensure that
applicants and new COL holders
updated their COL applications or COLs
to allow the NRC to review them
efficiently and effectively, and to bring
the applicants or licensees into
compliance prior to receiving a license,
or, for licensees, prior to operating the
plant. The targets of Section I.5 of the
rule were those applications that were
being actively reviewed by the NRC staff
when the rule went into effect on
November 23, 2011. Since the Harris
Units 2 and 3 COL application is now
suspended compelling DEP to revise its
COL application in order to meet the
compliance deadline would result in
unnecessary burden and hardship for
the applicant to meet the compliance
date. If the NRC were to grant this
exemption, and DEP were then required
to update its application to comply with
the EP rule enhancements by December
31, 2016, or prior to any request to
restart their review, the purpose of the
rule would still be achieved. For this
reason, the application of 10 CFR part
50, appendix E, section I.5, for the
suspended Harris 2 and 3 COL
application is deemed unnecessary and,
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therefore, special circumstances are
present.
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 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 are 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
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administrative in nature, and does not
impact the probability or consequences
of accidents.
(vi) The requirements from which an
exemption is sought involve:
(B) Reporting requirements;
The exemption request involves
submitting an updated COL application
by DEP and
(G) Scheduling requirements;
The proposed exemption 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), 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 DEP a one-time exemption
from the requirements of 10 CFR part 50
Appendix E, Section I.5 pertaining to
the Harris Units 2 and 3 COL
application to allow submittal of the
revised COL application that complies
with the enhancements to the EP rules
prior to any request to the NRC to
resume the review, and in any event, no
later than December 31, 2016.
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 26th day
of February 2016.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2016–04850 Filed 3–3–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–010, 50–237, 50–249 and 72–
37; NRC–2016–0047]
Exelon Generation Company, LLC;
Dresden Nuclear Power Station, Units
1, 2 and 3; Independent Spent Fuel
Storage Installation
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
PO 00000
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11603
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption to Exelon
Generation Company, LLC (hereafter,
EGC or the applicant). EGC is the
general licensee operating the Dresden
Nuclear Power Station (DNPS)
Independent Spent Fuel Storage
Installation (ISFSI) located in Morris,
Illinois. Specifically, EGC seeks
authorization to load and store one
DNPS Unit 1 thoria rod canister
containing 18 DNPS Unit 1 thoria rods
in a Holtec International, Inc., multipurpose canister (MPC)–68M. Thoria
rods are not approved for storage in the
MPC–68M per Certificate of Compliance
(CoC) No. 1014, Amendment 8, Rev. 1 1
Appendix B, ‘‘Approved Contents and
Design Features.’’ EGC plans to load and
store Holtec HI–STORM 100 spent fuel
casks utilizing Amendment 8, Rev. 1 to
CoC No. 1014 in the 2016 DNPS spent
fuel loading campaign (SFLC).
ADDRESSES: Please refer to Docket ID
NRC–2016–0047 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0047. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of
Documents,’’ Section IV of this
document.
SUMMARY:
1 The licensee’s application referred to
Amendment 8; since that time, Amendment 8 has
been revised. (On February 16, 2016, Amendment
8, Rev. 1 to CoC 1014 became effective.) This
revision does not impact the exemption request that
is the subject of this environmental assessment
because none of the changes in the revision revised
the thoria contents or the physical characteristics of
the storage cask.
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]]>Agencies
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11601-11603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04850]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-022 and 52-023; NRC-2013-0261]
Duke Energy Progress; Combined License Applications for Shearon
Harris Nuclear Plant Units 2 and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to an August 12, 2015, letter from Duke Energy
Progress (DEP). On May 2, 2013, DEP requested that the NRC suspend
review of its combined license (COL) application until further notice.
On August 12, 2015, DEP requested an exemption from certain regulatory
requirements which, if granted, would allow them to revise their COL
application in order to address enhancements to the Emergency
Preparedness (EP) rules by December 31, 2016, rather than by December
31, 2013, as the regulations currently require. The NRC staff reviewed
this request and determined that it is appropriate to grant the
exemption to the EP update requirements until December 31, 2016, but
stipulated that the updates to the Final Safety Analysis Report (FSAR)
must be submitted prior to requesting the NRC resume its review of the
COL application, or by December 31, 2016, whichever comes first.
DATES: The exemption is effective on March 4, 2016.
ADDRESSES: Please refer to Docket ID NRC-2013-0261 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0261. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 obtain 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 (if it available in
ADAMS) is provided the first time that a 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: Brian Hughes, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-6582; email: Brian.Hughes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 18, 2008, (ADAMS Accession No. ML080580078) DEP
submitted to the NRC a COL application for two units of Westinghouse
Electric Company's AP1000 advanced pressurized water reactors to be
constructed and operated at the existing Shearon Harris Nuclear Plant
(Harris) site (Docket Numbers 052000-22 and 052000-23). The NRC
docketed the Harris Units 2 and 3 COL application on April 23, 2008. On
May 2, 2013 (ADAMS Accession No. ML13123A344),
[[Page 11602]]
DEP requested that the NRC suspend review of the Harris Units 2 and 3
COL application. The NRC granted DEP's request for suspension and all
review activities related to the Harris Units 2 and 3 COL application
were suspended while the application remained docketed. On July 29,
2013 (ADAMS Accession No. ML13212A361), DEP requested an exemption from
the requirements in part 50, appendix E, section I.5 of title 10 of the
Code of Federal Regulations (10 CFR), as referenced by 10 CFR
52.79(a)(21), to submit an update to the COL application, addressing
the enhancements to the EP rules by December 31, 2013, which the NRC
granted through December 31, 2014. On August 1, 2014 (ADAMS Accession
No. ML14216A432), DEP requested another exemption from the requirements
of 10 CFR part 50, appendix E, section I.5, as referenced by 10 CFR
52.79(a)(21), to submit an update to the COL application, addressing
the enhancements to the EP rules by December 31, 2014, which the NRC
granted through December 31, 2015. On August 12, 2015 (ADAMS Accession
No. ML15226A352), DEP requested another exemption from the requirements
of 10 CFR part 50, appendix E, section I.5, as referenced by 10 CFR
52.79(a)(21), to submit an update to the COL application, addressing
the enhancements to the EP rules by December 31, 2016
II. Request/Action
Part 50, appendix E, section 1.5, 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. An applicant that does not receive a COL before
December 31, 2013, shall revise its COL application to comply with
these changes no later than December 31, 2013.
Since DEP 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. Similar to an earlier exemption request it submitted, as
described above, by letter dated August 12, 2015, (ADAMS Accession No.
ML15226A352), DEP requested another exemption from the requirements of
10 CFR part 50, appendix E, section I.5, to submit the required COL
application revision to comply with the new EP rules. The requested
exemption would allow DEP to revise its COL application, and comply
with the new EP rules on or before December 31, 2016, rather than the
initial December 31, 2013, date required by 10 CFR part 50, appendix E,
section I.5. The current requirement to comply with the new EP rule
could not be changed, absent the exemption.
III. Discussion
Pursuant to 10 CFR 50.12(a), 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)).
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR part 50, appendix E, section I.5. The exemption
would allow DEP to revise its COL application, and comply with the new
EP rules on or before December 31, 2016, in lieu of the initial
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 DEP the requested one-time exemption from the
requirements of 10 CFR part 50, appendix E, section I.5 will not result
in a violation of the Atomic Energy Act of 1954, as amended, or NRC
regulations. Therefore, the exemption is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purpose of the enhancements to EP found in 10 CFR
part 50, appendix E, is to amend certain EP requirements to enhance
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 DEP to submit the revised COL
application prior to requesting the NRC to resume the review and, in
any event, on or before December 31, 2016. 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:
(1) 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)(ii); or
(2) The exemption would only provide temporary relief from the
applicable regulation or the applicant has made good faith efforts to
comply with the regulation (10 CFR 50.12(a)(2)(v)).
The purpose of 10 CFR part 50, appendix E, section I.5 is to ensure
that applicants and new COL holders updated their COL applications or
COLs to allow the NRC to review them efficiently and effectively, and
to bring the applicants or licensees into compliance prior to receiving
a license, or, for licensees, prior to operating the plant. The targets
of Section I.5 of the rule were those applications that were being
actively reviewed by the NRC staff when the rule went into effect on
November 23, 2011. Since the Harris Units 2 and 3 COL application is
now suspended compelling DEP to revise its COL application in order to
meet the compliance deadline would result in unnecessary burden and
hardship for the applicant to meet the compliance date. If the NRC were
to grant this exemption, and DEP were then required to update its
application to comply with the EP rule enhancements by December 31,
2016, or prior to any request to restart their review, the purpose of
the rule would still be achieved. For this reason, the application of
10 CFR part 50, appendix E, section I.5, for the suspended Harris 2 and
3 COL application is deemed unnecessary and,
[[Page 11603]]
therefore, special circumstances are present.
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
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 are 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.
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements;
The exemption request involves submitting an updated COL
application by DEP and
(G) Scheduling requirements;
The proposed exemption 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), 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 DEP a one-time exemption from
the requirements of 10 CFR part 50 Appendix E, Section I.5 pertaining
to the Harris Units 2 and 3 COL application to allow submittal of the
revised COL application that complies with the enhancements to the EP
rules prior to any request to the NRC to resume the review, and in any
event, no later than December 31, 2016.
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 26th day of February 2016.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2016-04850 Filed 3-3-16; 8:45 am]
BILLING CODE 7590-01-P
