Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plant Units 2 and 3, 5611-5613 [2017-01035]
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Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
provide for the prompt and orderly
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faxed to 202–692–5081. Please specify
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collection when making your request.
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(TDD/TDY) may call the Federal
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[FR Doc. 2017–00968 Filed 1–17–17; 8:45 am]
BILLING CODE 7550–01–P
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NEIGHBORHOOD REINVESTMENT
CORPORATION
Audit Committee Meeting: Sunshine
Act
2:30 p.m., Monday,
January 23, 2017.
PLACE: NeighborWorks America—
Gramlich Boardroom, 999 North Capitol
Street NE., Washington DC 20002.
STATUS: Open (with the exception of
Executive Session).
CONTACT PERSON: Jeffrey Bryson,
General Counsel/Secretary, (202) 760–
4101; jbryson@nw.org.
AGENDA:
I. CALL TO ORDER
II. Executive Session with Chief Audit
Executive
III. Internal Audit Reports with
Management’s Response
IV. FY 2017 Internal Audit Plan—
Proposed Change
V. Internal Audit Status Reports
VI. Audit of Retirement Plan Year
Ending 2015 and 2014
VII. Adjournment
The General Counsel of the
Corporation has certified that in his
opinion, one or more of the exemptions
set forth in 5 U.S.C. 552 (b)(4) permit
closure of the following portions of this
meeting:
• Executive Session with the External
Auditor
TIME AND DATE:
Jeffrey T. Bryson,
EVP & General Counsel/Corporate Secretary.
[FR Doc. 2017–01157 Filed 1–13–17; 11:15 am]
BILLING CODE 7570–02–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–022 and 52–023; NRC–
2013–0261]
Duke Energy Progress; Combined
License Application for Shearon Harris
Nuclear Power 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 October 13,
2016, letter from Duke Energy Progress
(DEP), which requested an exemption
from certain regulatory requirements
that requires DEP to submit an update
to the final safety analysis report (FSAR)
included in their combined license
(COL) application for Shearon Harris
Nuclear Power Plant (Harris) Units 2
and 3 by December 31, 2016. The NRC
SUMMARY:
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5611
staff reviewed this request and
determined that it is appropriate to
grant the exemption, but stipulated that
the update to the FSAR must be
submitted prior to, or coincident with
the resumption of the COL application
review or by December 31, 2019,
whichever comes first.
DATES: The exemption is effective on
January 18, 2017.
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 action by 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
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. The
ADAMS accession number for each
document referenced (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:
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, 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 (ADAMS Accession No.
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ML080580078). The NRC docketed the
Shearon Harris Units 2 and 3 COL
application (Docket Nos. 52–022 and
52–023) on April 23, 2008. On April 15,
2013, (ADAMS Accession No.
ML13112A761) DEP submitted Revision
5 to the COL application including
updates to the FSAR, per Subsection
50.71(e)(3)(iii) of title 10 of the Code of
Federal Regulations (10 CFR). On May
2, 2013 (ADAMS Accession No.
ML13123A344), DEP requested that the
NRC suspend review of the Shearon
Harris Nuclear Plant Units 2 and 3 COL
application. On August 7, 2013
(ADAMS Accession No. ML13220B004),
DEP requested an exemption from the
10 CFR 50.71(e)(3)(iii) requirements to
submit the COL application FSAR
update, which NRC granted through
December 31, 2014. On August 1, 2014
(ADAMS Accession No. ML14216A431),
DEP requested another exemption from
the 10 CFR 50.71(e)(3)(iii) requirements
to submit the COL application FSAR
update which the NRC granted through
December 31, 2015. On August 12, 2015
(ADAMS Accession No. ML15226A353),
DEP requested another exemption from
the 10 CFR 50.71(e)(3)(iii) requirements
to submit the COL application FSAR
update which NRC granted through by
December 31, 2016. On October 13,
2016 (ADAMS Accession No.
ML16288A815), DEP requested another
exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
annual updates to the FSAR during the
years 2016, 2017, and 2018. In this
exemption request, DEP indicated that it
would provide an update to the FSAR,
or take other appropriate action, no later
than December 31, 2019.
II. Request/Action
Paragraph 50.71(e)(3)(iii) requires that
an applicant for a COL under Subpart C
of 10 CFR part 52, submit updates to
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 annual update of the FSAR
included in the Harris Units 2 and 3
COL application would be due by
December 31, 2016. In a letter dated
October 13, 2016 (ADAMS Accession
No. ML16288A815), DEP requested that
the Harris Units 2 and 3 COL
application be exempt from the 10 CFR
50.71(e)(3)(iii) requirements during the
years of 2016, 2017, and 2018 until
December 31, 2019, or prior to a request
to reactivate the Harris Units 2 and 3
COL application review.
The exemption would allow DEP to
submit the next FSAR update at a later
date, but still in advance of NRC’s
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reinstating its review of the application
and in any event, by December 31, 2019.
The current requirement to submit an
FSAR update 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: [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)) and if: [t]he 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 DEP requested the NRC
suspend its review of the Harris Units
2 and 3 COL application, compelling
DEP 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 DEP, and the purpose of 10 CFR
50.71(e)(3)(iii) would still be achieved if
the update is submitted prior to
restarting the review and in any event
by December 31, 2019.
The requested exemption to defer
submittal of the next update to the
FSAR included in the Harris Units 2
and 3 COL application would provide
only temporary relief from the
regulations in 10 CFR 50.71(e)(3)(iii). As
evidenced by the proper submittal of
annual updates on June 23, 2009
(ADAMS Accession No. ML091810540),
April 12, 2010 (ADAMS Accession No.
ML101120592), April 14, 2011 (ADAMS
Accession No. ML111170902), April 12,
2012 (ADAMS Accession No.
ML12122A656), and April 15, 2013
(ADAMS Accession No. ML13112A761),
DEP has made good faith efforts to
comply with 10 CFR 50.71(e)(3)(iii)
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prior to requesting suspension of the
review. In its subsequent requests dated
August 1, 2014, August 12, 2015, and
October 13, 2016, DEP asked the NRC to
grant exemption from 10 CFR
50.71(e)(3)(iii) until December 31, 2019,
or prior to any request to reactivate
Harris Units 2 and 3 COL application
review. 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.
Authorized by Law
The exemption is a schedule
exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption
would allow DEP to submit the next
Harris Units 2 and 3 COL application
FSAR update on or before December 31,
2019, in lieu of the required scheduled
submittals on December 31, 2016,
December 31, 2017, and December 31,
2018. 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 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 purpose 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 DEP will not
be reviewed by the NRC at this time.
Plant construction cannot proceed until
the NRC’s review of the application is
completed, a mandatory hearing is
completed, and a license is issued.
Additionally, based on the nature of the
requested exemption as described
above, no new accident precursors are
created by the exemption; thus neither
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required by 10 CFR 50.12(a)(2)(ii) and
50.12(a)(2)(v) for the granting of an
exemption from 10 CFR 50.71(e)(3)(iii)
exist.
Consistent With Common Defense and
Security
The requested exemption would
allow DEP to submit the next FSAR
update prior to requesting the NRC to
resume the review and, in any event, on
or before December 31, 2019. This
schedule change has no relation to
security issues. Therefore, the common
defense and security is not impacted.
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the probability, nor the consequences of
postulated accidents are increased.
Therefore, there is no undue risk to
public health and safety.
Eligibility for Categorical Exclusion
From Environmental Review
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)(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
Harris Units 2 and 3 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 DEP was then required
to update its FSAR by December 31,
2019, or prior to any request to restart
of their review, 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 December 31,
2016, DEP’s exemption request seeks
only temporary relief from the
requirement that it file an update to the
FSAR included in the Harris Units 2
and 3 COL application. Additionally
DEP submitted the required annual
updates to its FSAR throughout the
application process until asking for
suspension of its review.
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
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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)
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
consideration 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;
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5613
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 FSAR by DEP;
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), 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
50.71(e)(3)(iii) pertaining to the Harris
Units 2 and 3 COL application to allow
submittal of the next FSAR update prior
to any request to the NRC to resume the
review, and in any event no later than
December 31, 2019.
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 9th day
of January 2017.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2017–01035 Filed 1–17–17; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Proposed Collection; Comment
Request
Summary: In accordance with the
requirement of Section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
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]]>Agencies
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5611-5613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01035]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-022 and 52-023; NRC-2013-0261]
Duke Energy Progress; Combined License Application for Shearon
Harris Nuclear Power 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 October 13, 2016, letter from Duke Energy
Progress (DEP), which requested an exemption from certain regulatory
requirements that requires DEP to submit an update to the final safety
analysis report (FSAR) included in their combined license (COL)
application for Shearon Harris Nuclear Power Plant (Harris) Units 2 and
3 by December 31, 2016. The NRC staff reviewed this request and
determined that it is appropriate to grant the exemption, but
stipulated that the update to the FSAR must be submitted prior to, or
coincident with the resumption of the COL application review or by
December 31, 2019, whichever comes first.
DATES: The exemption is effective on January 18, 2017.
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 action by 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 individual 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 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: 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, 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 (ADAMS Accession
No.
[[Page 5612]]
ML080580078). The NRC docketed the Shearon Harris Units 2 and 3 COL
application (Docket Nos. 52-022 and 52-023) on April 23, 2008. On April
15, 2013, (ADAMS Accession No. ML13112A761) DEP submitted Revision 5 to
the COL application including updates to the FSAR, per Subsection
50.71(e)(3)(iii) of title 10 of the Code of Federal Regulations (10
CFR). On May 2, 2013 (ADAMS Accession No. ML13123A344), DEP requested
that the NRC suspend review of the Shearon Harris Nuclear Plant Units 2
and 3 COL application. On August 7, 2013 (ADAMS Accession No.
ML13220B004), DEP requested an exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit the COL application FSAR
update, which NRC granted through December 31, 2014. On August 1, 2014
(ADAMS Accession No. ML14216A431), DEP requested another exemption from
the 10 CFR 50.71(e)(3)(iii) requirements to submit the COL application
FSAR update which the NRC granted through December 31, 2015. On August
12, 2015 (ADAMS Accession No. ML15226A353), DEP requested another
exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the
COL application FSAR update which NRC granted through by December 31,
2016. On October 13, 2016 (ADAMS Accession No. ML16288A815), DEP
requested another exemption from the 10 CFR 50.71(e)(3)(iii)
requirements to submit annual updates to the FSAR during the years
2016, 2017, and 2018. In this exemption request, DEP indicated that it
would provide an update to the FSAR, or take other appropriate action,
no later than December 31, 2019.
II. Request/Action
Paragraph 50.71(e)(3)(iii) requires that an applicant for a COL
under Subpart C of 10 CFR part 52, submit updates to 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 annual update of the
FSAR included in the Harris Units 2 and 3 COL application would be due
by December 31, 2016. In a letter dated October 13, 2016 (ADAMS
Accession No. ML16288A815), DEP requested that the Harris Units 2 and 3
COL application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements
during the years of 2016, 2017, and 2018 until December 31, 2019, or
prior to a request to reactivate the Harris Units 2 and 3 COL
application review.
The exemption would allow DEP to submit the next FSAR update at a
later date, but still in advance of NRC's reinstating its review of the
application and in any event, by December 31, 2019. The current
requirement to submit an FSAR update 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:
[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)) and
if: [t]he 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
DEP requested the NRC suspend its review of the Harris Units 2 and 3
COL application, compelling DEP 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 DEP, and the purpose of 10 CFR 50.71(e)(3)(iii) would still
be achieved if the update is submitted prior to restarting the review
and in any event by December 31, 2019.
The requested exemption to defer submittal of the next update to
the FSAR included in the Harris Units 2 and 3 COL application would
provide only temporary relief from the regulations in 10 CFR
50.71(e)(3)(iii). As evidenced by the proper submittal of annual
updates on June 23, 2009 (ADAMS Accession No. ML091810540), April 12,
2010 (ADAMS Accession No. ML101120592), April 14, 2011 (ADAMS Accession
No. ML111170902), April 12, 2012 (ADAMS Accession No. ML12122A656), and
April 15, 2013 (ADAMS Accession No. ML13112A761), DEP has made good
faith efforts to comply with 10 CFR 50.71(e)(3)(iii) prior to
requesting suspension of the review. In its subsequent requests dated
August 1, 2014, August 12, 2015, and October 13, 2016, DEP asked the
NRC to grant exemption from 10 CFR 50.71(e)(3)(iii) until December 31,
2019, or prior to any request to reactivate Harris Units 2 and 3 COL
application review. 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.
Authorized by Law
The exemption is a schedule exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption would allow DEP to submit the next
Harris Units 2 and 3 COL application FSAR update on or before December
31, 2019, in lieu of the required scheduled submittals on December 31,
2016, December 31, 2017, and December 31, 2018. 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 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 purpose 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 DEP will not be
reviewed by the NRC at this time. Plant construction cannot proceed
until the NRC's review of the application is completed, a mandatory
hearing is completed, and a license is issued. Additionally, based on
the nature of the requested exemption as described above, no new
accident precursors are created by the exemption; thus neither
[[Page 5613]]
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 next FSAR
update prior to requesting the NRC to resume the review and, in any
event, on or before December 31, 2019. 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)(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 Harris Units 2 and 3
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 DEP was then required to update its FSAR by December 31,
2019, or prior to any request to restart of their review, 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 December 31, 2016, DEP's exemption request seeks only temporary
relief from the requirement that it file an update to the FSAR included
in the Harris Units 2 and 3 COL application. Additionally DEP submitted
the required annual updates to its FSAR throughout the application
process until asking for suspension of its review.
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
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) 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 consideration 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;
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 FSAR by DEP;
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), 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 50.71(e)(3)(iii) pertaining to the Harris
Units 2 and 3 COL application to allow submittal of the next FSAR
update prior to any request to the NRC to resume the review, and in any
event no later than December 31, 2019.
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 9th day of January 2017.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2017-01035 Filed 1-17-17; 8:45 am]
BILLING CODE 7590-01-P
