Framatome Inc.; Application for Standard Design Certification of the U.S. EPR, 62337-62339 [2020-21811]
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, the partial exemptions are
authorized by law, will not present an
undue risk to the public health and
safety, and are consistent with the
common defense and security. Also,
special circumstances are present.
Therefore, the Commission hereby
grants Entergy a partial exemption from
the recordkeeping requirements of 10
CFR 50.71(c); 10 CFR part 50, Appendix
B, Criterion XVII; and 10 CFR
50.59(d)(3) for Indian Point, only to the
extent necessary to allow the licensee to
advance the schedule to remove records
associated with SSCs that have been or
will be removed from NRC licensing
basis documents by appropriate change
mechanisms (e.g., 10 CFR 50.59 or by an
NRC-approved license amendment
request, as applicable).
This partial exemption is effective for
Indian Point 2 as of the date of its
issuance; however, the actions
permitted by the exemption for Indian
Point 3 may not be implemented until
the docketing of the licensee’s
certification of permanent cessation of
operations and permanent removal of
fuel from the Indian Point 3 reactor
vessel pursuant to 10 CFR 50.82(a)(1).
Dated: September 28, 2020.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Operating Reactor
Licensing.
[FR Doc. 2020–21858 Filed 10–1–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–020; NRC–2020–0182]
Framatome Inc.; Application for
Standard Design Certification of the
U.S. EPR
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption in response to a June 30,
2020, letter from Framatome Inc.
(Framatome), which requested an
exemption from regulatory requirements
regarding the annual reports required by
regulations (hereafter ‘‘required report’’)
for the U.S. EPR standard design
certification application for the years
2020–2024. The regulation for which
exemption is sought covers emergency
core cooling systems (ECCS) for lightwater nuclear power reactors.
Framatome committed to submit the
required report before any request to
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SUMMARY:
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reactivate the U.S. EPR review.
Framatome further committed to
providing an update to the required
report, or taking other appropriate
action, as necessary, no later than
December 31, 2024. Staff review of the
U.S. EPR standard design certification
application was suspended in April
2015 at the request of the applicant. The
NRC staff reviewed this request and
determined that it is appropriate to
grant the exemption in accordance with
the regulations as the request does not
present an undue risk to public health
or safety and is consistent with the
common defense and security;
furthermore, special circumstances
exist.
The exemption is effective on
September 29, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0182 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–2020–0182. Address
questions about 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
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov.
FOR FURTHER INFORMATION CONTACT:
George Wunder, Senior Project Manager,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1494; email: George.Wunder@
nrc.gov.
DATES:
SUPPLEMENTARY INFORMATION:
The text of
the exemption is attached.
Dated: September 29, 2020.
For the Nuclear Regulatory Commission.
Anna H. Bradford,
Director, Division of New and Renewed
Licenses, Office of Nuclear Reactor
Regulation.
PO 00000
Attachment—Exemption.
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62337
NUCLEAR REGULATORY
COMMISSION
Docket No. 52–020
Framatome Inc.
Application for Standard Design
Certification of the U.S. EPR
I. Background
By letter dated December 11, 2007,
Areva NP Inc. (Areva) (now Framatome
Inc.(Framatome)) submitted to the NRC
an application for standard design
certification of the U.S. EPR (ADAMS
Accession No. ML073520305).
Following an acceptance review, the
NRC docketed the application (Docket
No. 52–020) in a letter dated February
25, 2008 (ADAMS Accession No.
ML080380357). By letter dated July 17,
2014 (ADAMS Accession No.
ML14209A053), Areva submitted
Revision 7 to the standard design
certification application. By letter dated
February 25, 2015 (ADAMS Accession
No. ML15061A130), Areva requested
that the NRC suspend review of the U.S.
EPR standard design certification
application. By letter dated June 30,
2020 (ADAMS Accession No.
ML20188A219), Framatome requested
an exemption from the annual reporting
requirements of 10 CFR 50.46(a)(3)(iii)
stating in part that ‘‘. . . given that the
NRC’s review of the U.S. EPR DCA
[design certification application] has
been suspended and remains
suspended, Framatome requests an
exemption from the requirement to
submit annual reports required by 10
CFR 50.46(a)(3)(iii) for the next five
years (2020–2024).’’
II. Request/Action
Section 50.46(a)(1)(i) in part provides
requirements for models used in
calculations regarding ECCS
performance following postulated loss
of coolant accidents. Section
50.46(a)(3)(iii) requires that an applicant
for a standard design certification report
any change or error found in such ECCS
performance models, including the
nature of the change or error and its
estimated effect on the limiting ECCS
analysis, at least annually.
In a letter dated June 30, 2020
(ADAMS Accession No. ML20188A219),
Framatome requested an exemption
from the reporting requirements of 10
CFR 50.46(a)(3)(iii) for the years 2020–
2024. Framatome has committed to
submit the required report before
requesting to reactivate the U.S. EPR
review. They have committed to
updating the required report, or taking
other appropriate action, no later than
December 31, 2024.
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02OCN1
62338
Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
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 50.46(a)(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 (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)), or (2) compliance would
result in undue hardship or other costs
that are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated (10 CFR
50.12(a)(2)(iii)).
The purpose of 10 CFR 50.46(a)(3)(iii)
is to provide timely reporting to the
NRC regarding the nature and estimated
effect of any change or error in the
limiting ECCS analysis. Because the
NRC suspended its review of the U.S.
EPR standard design certification
application at the applicant’s request,
any submittal by Framatome under the
requirements of 10 CFR 50.46 would not
be reviewed by the staff until such time
as the design certification review is
reactivated. The preparation of a 10 CFR
50.46 report requires expenditure of
resources by, and cost to, the applicant.
Framatome has committed to providing
a 10 CFR 50.46 report before any request
to reactivate the review of the design
certification application. Framatome is
seeking the exemption for the years
2020–2024. Framatome has committed
to updating the 10 CFR 50.46 report or
taking other appropriate action, as
necessary, no later than December 31,
2024.
jbell on DSKJLSW7X2PROD with NOTICES
No Undue Risk to Public Health and
Safety
The purpose of 10 CFR 50.46(a)(3)(iii)
is to provide for timely notification of
the nature and estimated effect of any
errors or changes in the limiting ECCS
analysis. Because the review of the U.S.
EPR standard design certification
application has been suspended at the
applicant’s request, any report
submitted under 10 CFR 50.46 would
not be reviewed by the staff until such
time as the review of the design
certification is reactivated. The
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19:38 Oct 01, 2020
Jkt 253001
requested exemption is administrative
and deals only with the schedule for
reports which would not be reviewed.
Because the exemption applies only to
an application, not to a licensed entity,
this exemption has no safety
implications and introduces nothing
that could adversely impact public
health. Under the proposed exemption,
any further review of the U.S. EPR
standard design certification application
will not resume until Framatome
submits the required report. The request
for an exemption has no bearing on
public health and safety and, therefore,
poses no undue risk to public health
and safety. Design certification cannot
occur until the NRC’s review of the
application is completed and a final
safety evaluation report is issued.
Additionally, based on the nature of the
requested exemption as described
above, no new accident precursors are
created by the exemption; therefore,
neither the probability nor the
consequences of postulated accidents
are increased and there is no undue risk
to public health and safety.
Consistent With Common Defense and
Security
The requested exemption would
relieve Framatome of the requirement to
submit annual reports required by 10
CFR 50.46(a)(3)(iii) for the years 2020–
2024. The applicant has committed to
submit a 10 CFR 50.46 report before
submitting any request for the NRC to
resume reviewing the U.S. EPR design
certification application and to update
the required report, or take other
appropriate action, no later than
December 31, 2024. This schedule
change has no relation to security
issues; therefore, the common defense
and security is not impacted.
Special Circumstances
Special circumstances, in accordance
with 10 CFR 50.12(a)(2), are present
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)) or if compliance would
result in undue hardship or other costs
that are significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated (10 CFR
50.12(a)(2(iii)).
The underlying purpose of 10 CFR
50.46(a)(3)(iii) is to ensure that the NRC
receives timely notification of the nature
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
and estimated effect of errors or changes
in the limiting ECCS analysis. A
thorough understanding of ECCS
performance is critical to the staff’s
review; however, since review of the
U.S. EPR standard design certification
application has been suspended at the
applicant’s request, any report filed
under 10 CFR 50.46 would not be
reviewed until such time as the design
certification review is reactivated.
Framatome has committed to submit the
required report before requesting that
the NRC reactivate its review of the
design certification. Submitting a report
under 50.46(a)(3)(iii) before the
resumption of any review of the design
certification is sufficient to meet the
underlying intent of the regulation.
Submitting annual reports for the years
2020–2024 while the review is
suspended is not necessary to meet the
underlying intent of the regulation.
The preparation of reports required by
10 CFR 50.46(a)(3)(iii) is time
consuming and requires resources to
review and document the condition
reports for any change to or error in an
acceptable evaluation model or in the
application of such a model. It is likely
that suspension of a standard design
certification review was not anticipated
when the requirements for reporting
were made. As such, requiring
Framatome to submit annual 10 CFR
50.46 reports that would not be
reviewed would be to subject them to an
undue hardship that is significantly in
excess of those contemplated when the
regulation was adopted.
For the above stated reasons, special
circumstances are present under 10 CFR
50.12(a)(2)(ii) and 10 CFR 50.12(2)(iii).
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 a report on errors or
changes in the ECCS analysis for a
standard design certification application
review which is currently suspended.
Therefore, there is no significant
hazards consideration because granting
the proposed exemption would not:
E:\FR\FM\02OCN1.SGM
02OCN1
Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Notices
(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
is for a standard design certification the
review of which is suspended until
further notice. No application for
construction or operation has been filed.
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 a report required by 10 CFR
50.46(a)(3)(iii); and
(2) Scheduling requirements;
The proposed exemption relieves that
applicant from submitting the required
reports for the years 2020–2024.
jbell on DSKJLSW7X2PROD with NOTICES
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
Framatome a one-time exemption from
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19:38 Oct 01, 2020
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the reporting requirements of 10 CFR
50.46(a)(3)(iii) until December 31, 2024.
This exemption provides that
Framatome shall submit a report under
10 CFR 50.46(a)(3)(iii) before making
any request that the NRC resume its
review of the U.S. EPR standard design
certification application and that
Framatome shall update that report or
take other appropriate action no later
than December 31, 2024.
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 29th day
of September 2020.
For The Nuclear Regulatory Commission,
Anna H. Bradford,
Director, Division of New and Renewed
Licenses, Office of Nuclear Reactor
Regulation.
[FR Doc. 2020–21811 Filed 10–1–20; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2020–257 and CP2020–287;
MC2020–258 and CP2020–288]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
negotiated service agreements. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: October 6,
2020.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
62339
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2020–257 and
CP2020–287; Filing Title: USPS Request
to Add Priority Mail Contract 665 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: September 28, 2020;
Filing Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative:
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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]]>Agencies
[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62337-62339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21811]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-020; NRC-2020-0182]
Framatome Inc.; Application for Standard Design Certification of
the U.S. EPR
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a June 30, 2020, letter from Framatome Inc.
(Framatome), which requested an exemption from regulatory requirements
regarding the annual reports required by regulations (hereafter
``required report'') for the U.S. EPR standard design certification
application for the years 2020-2024. The regulation for which exemption
is sought covers emergency core cooling systems (ECCS) for light-water
nuclear power reactors. Framatome committed to submit the required
report before any request to reactivate the U.S. EPR review. Framatome
further committed to providing an update to the required report, or
taking other appropriate action, as necessary, no later than December
31, 2024. Staff review of the U.S. EPR standard design certification
application was suspended in April 2015 at the request of the
applicant. The NRC staff reviewed this request and determined that it
is appropriate to grant the exemption in accordance with the
regulations as the request does not present an undue risk to public
health or safety and is consistent with the common defense and
security; furthermore, special circumstances exist.
DATES: The exemption is effective on September 29, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0182 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-2020-0182. Address
questions about 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 reference staff at 1-800-397-4209, 301-415-4737, or by
email to [email protected].
FOR FURTHER INFORMATION CONTACT: George Wunder, Senior Project Manager,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-1494; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: September 29, 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 No. 52-020
Framatome Inc.
Application for Standard Design Certification of the U.S. EPR
I. Background
By letter dated December 11, 2007, Areva NP Inc. (Areva) (now
Framatome Inc.(Framatome)) submitted to the NRC an application for
standard design certification of the U.S. EPR (ADAMS Accession No.
ML073520305). Following an acceptance review, the NRC docketed the
application (Docket No. 52-020) in a letter dated February 25, 2008
(ADAMS Accession No. ML080380357). By letter dated July 17, 2014 (ADAMS
Accession No. ML14209A053), Areva submitted Revision 7 to the standard
design certification application. By letter dated February 25, 2015
(ADAMS Accession No. ML15061A130), Areva requested that the NRC suspend
review of the U.S. EPR standard design certification application. By
letter dated June 30, 2020 (ADAMS Accession No. ML20188A219), Framatome
requested an exemption from the annual reporting requirements of 10 CFR
50.46(a)(3)(iii) stating in part that ``. . . given that the NRC's
review of the U.S. EPR DCA [design certification application] has been
suspended and remains suspended, Framatome requests an exemption from
the requirement to submit annual reports required by 10 CFR
50.46(a)(3)(iii) for the next five years (2020-2024).''
II. Request/Action
Section 50.46(a)(1)(i) in part provides requirements for models
used in calculations regarding ECCS performance following postulated
loss of coolant accidents. Section 50.46(a)(3)(iii) requires that an
applicant for a standard design certification report any change or
error found in such ECCS performance models, including the nature of
the change or error and its estimated effect on the limiting ECCS
analysis, at least annually.
In a letter dated June 30, 2020 (ADAMS Accession No. ML20188A219),
Framatome requested an exemption from the reporting requirements of 10
CFR 50.46(a)(3)(iii) for the years 2020-2024. Framatome has committed
to submit the required report before requesting to reactivate the U.S.
EPR review. They have committed to updating the required report, or
taking other appropriate action, no later than December 31, 2024.
[[Page 62338]]
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 50.46(a)(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
(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)), or
(2) compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by
others similarly situated (10 CFR 50.12(a)(2)(iii)).
The purpose of 10 CFR 50.46(a)(3)(iii) is to provide timely
reporting to the NRC regarding the nature and estimated effect of any
change or error in the limiting ECCS analysis. Because the NRC
suspended its review of the U.S. EPR standard design certification
application at the applicant's request, any submittal by Framatome
under the requirements of 10 CFR 50.46 would not be reviewed by the
staff until such time as the design certification review is
reactivated. The preparation of a 10 CFR 50.46 report requires
expenditure of resources by, and cost to, the applicant. Framatome has
committed to providing a 10 CFR 50.46 report before any request to
reactivate the review of the design certification application.
Framatome is seeking the exemption for the years 2020-2024. Framatome
has committed to updating the 10 CFR 50.46 report or taking other
appropriate action, as necessary, no later than December 31, 2024.
No Undue Risk to Public Health and Safety
The purpose of 10 CFR 50.46(a)(3)(iii) is to provide for timely
notification of the nature and estimated effect of any errors or
changes in the limiting ECCS analysis. Because the review of the U.S.
EPR standard design certification application has been suspended at the
applicant's request, any report submitted under 10 CFR 50.46 would not
be reviewed by the staff until such time as the review of the design
certification is reactivated. The requested exemption is administrative
and deals only with the schedule for reports which would not be
reviewed. Because the exemption applies only to an application, not to
a licensed entity, this exemption has no safety implications and
introduces nothing that could adversely impact public health. Under the
proposed exemption, any further review of the U.S. EPR standard design
certification application will not resume until Framatome submits the
required report. The request for an exemption has no bearing on public
health and safety and, therefore, poses no undue risk to public health
and safety. Design certification cannot occur until the NRC's review of
the application is completed and a final safety evaluation report is
issued. Additionally, based on the nature of the requested exemption as
described above, no new accident precursors are created by the
exemption; therefore, neither the probability nor the consequences of
postulated accidents are increased and there is no undue risk to public
health and safety.
Consistent With Common Defense and Security
The requested exemption would relieve Framatome of the requirement
to submit annual reports required by 10 CFR 50.46(a)(3)(iii) for the
years 2020-2024. The applicant has committed to submit a 10 CFR 50.46
report before submitting any request for the NRC to resume reviewing
the U.S. EPR design certification application and to update the
required report, or take other appropriate action, no later than
December 31, 2024. This schedule change has no relation to security
issues; therefore, the common defense and security is not impacted.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present 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)) or if
compliance would result in undue hardship or other costs that are
significantly in excess of those contemplated when the regulation was
adopted, or that are significantly in excess of those incurred by
others similarly situated (10 CFR 50.12(a)(2(iii)).
The underlying purpose of 10 CFR 50.46(a)(3)(iii) is to ensure that
the NRC receives timely notification of the nature and estimated effect
of errors or changes in the limiting ECCS analysis. A thorough
understanding of ECCS performance is critical to the staff's review;
however, since review of the U.S. EPR standard design certification
application has been suspended at the applicant's request, any report
filed under 10 CFR 50.46 would not be reviewed until such time as the
design certification review is reactivated. Framatome has committed to
submit the required report before requesting that the NRC reactivate
its review of the design certification. Submitting a report under
50.46(a)(3)(iii) before the resumption of any review of the design
certification is sufficient to meet the underlying intent of the
regulation. Submitting annual reports for the years 2020-2024 while the
review is suspended is not necessary to meet the underlying intent of
the regulation.
The preparation of reports required by 10 CFR 50.46(a)(3)(iii) is
time consuming and requires resources to review and document the
condition reports for any change to or error in an acceptable
evaluation model or in the application of such a model. It is likely
that suspension of a standard design certification review was not
anticipated when the requirements for reporting were made. As such,
requiring Framatome to submit annual 10 CFR 50.46 reports that would
not be reviewed would be to subject them to an undue hardship that is
significantly in excess of those contemplated when the regulation was
adopted.
For the above stated reasons, special circumstances are present
under 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(2)(iii).
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 a report on
errors or changes in the ECCS analysis for a standard design
certification application review which is currently suspended.
Therefore, there is no significant hazards consideration because
granting the proposed exemption would not:
[[Page 62339]]
(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 is for a standard design
certification the review of which is suspended until further notice. No
application for construction or operation has been filed. 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 a report required by 10
CFR 50.46(a)(3)(iii); and
(2) Scheduling requirements;
The proposed exemption relieves that applicant from submitting the
required reports for the years 2020-2024.
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 Framatome a one-time exemption
from the reporting requirements of 10 CFR 50.46(a)(3)(iii) until
December 31, 2024. This exemption provides that Framatome shall submit
a report under 10 CFR 50.46(a)(3)(iii) before making any request that
the NRC resume its review of the U.S. EPR standard design certification
application and that Framatome shall update that report or take other
appropriate action no later than December 31, 2024.
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 29th day of September 2020.
For The Nuclear Regulatory Commission,
Anna H. Bradford,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-21811 Filed 10-1-20; 8:45 am]
BILLING CODE 7590-01-P
