Duke Energy Progress Inc.; Combined License Application for Shearon Harris; Nuclear Power Plant Units 2 and 3, 19963-19965 [2020-07485]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19963-19965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07485]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-022 and 52-023; NRC-2013-0261]


Duke Energy Progress Inc.; Combined License Application for 
Shearon Harris; Nuclear Power Plant Units 2 and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in response to a December 02, 2019, letter from Duke Energy 
Progress, Inc. (DEP), which requested an exemption from certain 
regulatory requirements for DEP to submit an update to the final safety 
analysis report (FSAR) included in its application for combined 
licenses (COLs) for Shearon

[[Page 19964]]

Harris Nuclear Power Plant (Harris) Units 2 and 3 by December 31, 2019. 
The NRC staff reviewed this request and determined that it is 
appropriate to grant the exemption, but stipulated that the next update 
to the FSAR must be submitted prior to, or coincident with, the 
resumption of the COL application review or by December 31, 2024, 
whichever comes first.

DATES: The exemption is effective on April 6, 2020.

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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0261. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. 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 ``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 [email protected].

FOR FURTHER INFORMATION CONTACT: Demetrius Murray, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-7646; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: April 6, 2020.

    For the Nuclear Regulatory Commission.
Anna H. Bradford,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.

Attachment--Exemption

Nuclear Regulatory Commission

Docket Nos. 52-022 and 52-023

Duke Energy Progress Inc. Combined License Application for Shearon 
Harris Nuclear Power Plant Units 2 and 3 Exemption

I. Background

    On February 18, 2008, DEP submitted to the NRC an application 
for COLs for two Westinghouse Electric Company AP1000 advanced 
pressurized water reactors to be constructed and operated at the 
existing Shearon Harris Nuclear Plant (Harris) site (ADAMS Accession 
No. 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, in 
accordance with Section 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 the COL application FSAR update which NRC granted through 
December 31, 2019. On December 02, 2019 (ADAMS Accession No. 
ML19337A620), DEP requested another exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit annual updates to the FSAR 
for the next five years (2019-2023). In this exemption request, DEP 
indicated that it would submit the next FSAR update prior to any 
request to the NRC to reactivate the COL application review, and, in 
any event, provide an update to the FSAR, or take other appropriate 
action, no later than December 31, 2024.

II. Request/Action

    Section 50.71(e)(3)(iii) requires that an applicant for a COL 
under Subpart C of 10 CFR part 52 submit updates to the 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 annual update of the 
FSAR included in the Harris Units 2 and 3 COL application would have 
been due by December 31, 2019. In a letter dated December 02, 2019 
(ADAMS Accession No. ML19337A620), DEP requested an exemption from 
the 10 CFR 50.71(e)(3)(iii) requirements in regard to the Harris 
Units 2 and 3 COL application during the next five years (2019-2023) 
until December 31, 2024, or until prior to a request to reactivate 
the Harris Units 2 and 3 COL application review. The requested 
exemption would allow DEP to submit the next FSAR update at a later 
date, but still before the NRC resumes its review of the application 
and, in any event, by December 31, 2024.

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 exemptions 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)) 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)).
    One 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. Because the 
NRC suspended 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, 2024.

No Undue Risk to Public Health and Safety

    With respect to a COL application, the underlying purpose of 10 
CFR 50.71(e)(3)(iii) is to provide for a timely and comprehensive 
update of the FSAR 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. The exemption has no effect on the 
public health and safety. 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 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, 2024. This schedule change has no 
relation to security issues. Therefore, the common defense and 
security is not impacted.

[[Page 19965]]

Special Circumstances

    Special circumstances, in accordance with 10 CFR 
50.12(a)(2)(ii), are present under the circumstances relevant to the 
requested exemption. Specifically, special circumstances are present 
if application of the regulation in the particular circumstances 
would not serve the underlying purpose of the rule or is not 
necessary to achieve the underlying purpose of the rule (10 CFR 
50.12(a)(2)(ii)). The 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 the 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, 2024, or prior to any request to restart the review, the purpose 
of the rule would still be achieved.

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 facility construction is not currently 
authorized, as the COL application remains under review. 
Accordingly, 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:
    (1) Reporting requirements;
    The exemption request involves submitting an updated FSAR by 
DEP;
    and
    (2) 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) to update 
the Final Safety Analysis Report for the Harris Units 2 and 3 COL 
application until DEP requests the NRC to resume the review, or 
until December 31, 2024, whichever comes first.
    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 6th day of April 2020.

    For The Nuclear Regulatory Commission.

Anna H. Bradford,

Director, Division of New and renewed Licenses, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2020-07485 Filed 4-8-20; 8:45 am]
 BILLING CODE 7590-01-P