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

Download as PDF Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices ICR. In order to help ensure appropriate consideration, comments should mention OMB No. 1240–0040. Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. The DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/information in any comments. The DOL is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility. • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL-Office of Workers’ Compensation Programs. Type of Review: Revision. Title of Collection: Certification of Funeral Expenses. Form: LS–265. OMB Control Number: 1240–0040. Affected Public: Private Sector. Estimated Number of Respondents: 75. Frequency: On occasion. Total Estimated Annual Responses: 75. Estimated Average Time per Response: 15 minutes. Estimated Total Annual Burden Hours: 19 hours. Total Estimated Annual Other Cost Burden: $22.00. (Authority: 44 U.S.C. 3506(c)(2)(A)) Anjanette Suggs, Agency Clearance Officer. khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2020–07470 Filed 4–8–20; 8:45 am] BILLING CODE P NATIONAL SCIENCE FOUNDATION Agency Information Collection Activities: Comment Request AGENCY: National Science Foundation. VerDate Sep<11>2014 16:28 Apr 08, 2020 Jkt 250001 ACTION: Notice. The National Science Foundation (NSF) is announcing plans to establish this collection. In accordance with the requirements of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting Office of Management and Budget (OMB) clearance of this collection for no longer than 3 years. DATES: Written comments on this notice must be received by June 8, 2020 to be assured consideration. Comments received after that date will be considered to the extent practicable. Send comments to address below. FOR FURTHER INFORMATION CONTACT: Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 2415 Eisenhower Avenue, Suite W18200, Alexandria, Virginia 22314; telephone (703) 292–7556; or send email to splimpto@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including Federal holidays). SUPPLEMENTARY INFORMATION: Title of Collection: Additional Reporting Requirements for Mathematical Sciences Research Institutes. OMB Number: 3145–NEW. Expiration Date of Approval: Not applicable. Type of Request: Intent to seek approval to establish an information collection. Proposed Project: Use of the Information: Mathematical Sciences Research Institutes are national resources that aim to advance research in the mathematical sciences through programs supporting discovery and dissemination of knowledge in mathematics and statistics and enhancing connections to related fields in which the mathematical sciences can play important roles. Institute activities help focus the attention of some of the best mathematical minds on problems of particular importance and timeliness. Institutes are also community resources that involve a broad segment of U.S.based mathematical sciences researchers in their activities. The goals of the Mathematical Sciences Research Institutes program include advancing research in the mathematical sciences, increasing the impact of the mathematical sciences in other disciplines, and expanding the talent SUMMARY: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 19963 base engaged in mathematical research in the United States. The data collection on participants information at each of the currently supported institutes for this request includes: participant identifications, contact information, affiliations, demographic information, institute programs participated, durations, and NSF support received. Respondents: Respondents are PIs of current Mathematical Sciences Research Institutes program awards. Estimated Number of Annual Respondents: 6-7 individuals. Burden on the Public: 175 hours. Comments: Comments are invited on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Dated: April 3, 2020. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2020–07456 Filed 4–8–20; 8:45 am] BILLING CODE 7555–01–P 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 Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: 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 SUMMARY: E:\FR\FM\09APN1.SGM 09APN1 19964 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices 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: Jennifer.Borges@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 ‘‘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 FURTHER INFORMATION CONTACT: Demetrius Murray, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 7646; email: Demetrius.Murray@nrc.gov. 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:28 Apr 08, 2020 Jkt 250001 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. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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. E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:28 Apr 08, 2020 Jkt 250001 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 NUCLEAR REGULATORY COMMISSION [NRC–2019–0234] Information Collection: NRC Form 536, ‘‘Operator Licensing Examination Data’’ Nuclear Regulatory Commission. ACTION: Renewal of existing information collection; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 19965 Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, ‘‘NRC Form 536, ‘‘Operator Licensing Examination Data.’’ DATES: Submit comments by June 8, 2020. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC–2019–0234. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: David Cullison, Office of the Chief Information Officer, Mail Stop: T–6 A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 2084; email: Infocollects.Resource@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2019– 0234 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC–2019–0234. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC–2019–0234 on this website. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public E:\FR\FM\09APN1.SGM 09APN1

Agencies

[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