Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2, 64172-64175 [2020-22231]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64172-64175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22231]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-315 and 50-316; NRC-2020-0178]


Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, 
Unit Nos. 1 and 2

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 an April 7, 2020 request from Indiana Michigan 
Power Company (I&M, the licensee). The issuance of the exemption would 
permit I&M to align the regulatory requirements for reporting frequency 
with the current Final Safety Analysis Report update frequency for the 
Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2.

DATES: The exemption was issued on October 1, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0178 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-2020-0178. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;

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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]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.

FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2855; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: October 2, 2020.

    For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Attachment--Exemption

NUCLEAR REGULATORY COMMISSION

Docket Nos. 50-315 and 50-316

Indiana Michigan Power Company

Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2 Exemption

I. Background

    The Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2 (CNP), is a 
two-unit nuclear power plant located in Berrien County, Michigan. 
Indiana Michigan Power Company (I&M, the licensee) holds Renewed 
Facility Operating License Nos. DPR-58 and DPR-74 for CNP. These 
licenses are subject to the rules, regulations, and orders of the U.S. 
Nuclear Regulatory Commission (NRC, the Commission).

II. Request/Action

    By letter dated April 7, 2020 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML20126G456), I&M requested an 
exemption from requirements of Title 10 of the Code of Federal 
Regulations (10 CFR) Section 54.37, ``Additional records and 
recordkeeping requirements,'' and 10 CFR 50.54, ``Conditions of 
licenses,'' specifically with respect to their references to 10 CFR 
50.71, ``Maintenance of records, making of reports,'' paragraph (e).
    10 CFR 50.71(e)(4) states, in part, that ``Subsequent revisions [to 
the final safety analysis report (FSAR)] must be filed annually or 6 
months after each refueling outage provided the interval between 
successive updates does not exceed 24 months.'' The two CNP units share 
a common FSAR; therefore, this rule requires the licensee to update 
that same document within 6 months after a refueling outage for either 
unit. By letter dated March 3, 1998 (ADAMS Accession No. ML021090203), 
the NRC granted I&M an exemption from 10 CFR 50.71(e)(4) for CNP, which 
allowed the licensee to submit FSAR updates after each Unit No. 1 
refueling outage, not to exceed 24 months between successive updates. 
This exemption was granted before renewed licenses were issued for CNP.

10 CFR 54.37(b) states, in part:

    After the renewed license is issued, the FSAR update required by 
10 CFR 50.71(e) must include any systems, structures, and components 
newly identified that would have been subject to an aging management 
review or evaluation of time-limited aging analyses in accordance 
with [10 CFR] 54.21.

10 CFR 50.54(a)(3) states, in part:

    Changes to the quality assurance program description that do not 
reduce the commitments must be submitted to the NRC in accordance 
with the requirements of [10 CFR] 50.71(e).

    The references in 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) to 10 CFR 
50.71(e) can be interpreted to include the reporting frequency 
prescribed in 10 CFR 50.71(e)(4). If interpreted in this way, 10 CFR 
54.37(b) would require information related to newly identified systems, 
structures, and components at CNP that are subject to an aging 
management review or evaluation of time-limited aging analyses, and 10 
CFR 50.54(a)(3) would require changes to the quality assurance program 
description that do not reduce the commitments, to be submitted to the 
NRC ``annually or 6 months after each refueling outage provided the 
interval between successive updates does not exceed 24 months,'' 
despite the NRC's March 3, 1998 approval of an exemption from 10 CFR 
50.71(e)(4) for CNP. The exemption that I&M now requests from 10 CFR 
54.37(b) and 10 CFR 50.54(a)(3) would permit I&M to align the reporting 
frequency of these requirements with the CNP FSAR update frequency 
permitted by the March 3, 1998 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, which 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 and when any of the 
special circumstances listed in 10 CFR 50.12(a)(2) are present. These 
special circumstances include, among other things:

    (a) 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 and
    (b) 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 54.15 states that exemptions from the requirements of 10 CFR 
part 54 may be granted by the Commission in accordance with 10 CFR 
50.12.

A. Authorized by Law

    The requested exemption from 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) 
would permit I&M to align the reporting frequency of these requirements 
with the CNP FSAR update frequency permitted by the March 3, 1998 
exemption. As stated above, 10 CFR 50.12 and 10 CFR 54.15 allow the NRC 
to grant exemptions from the requirements of 10 CFR parts 50 and 54 
when the exemptions are authorized by law. The NRC staff has 
determined, as explained below, that granting the licensee's proposed 
exemption will not result in a violation of the Atomic Energy Act of 
1954, as amended, or the Commission's regulations. Therefore, the 
exemption is authorized by law.

B. No Undue Risk to the Public Health and Safety

    The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that 
licensees periodically update their FSARs so that they accurately 
reflect the plant design and operation, which includes changes required 
pursuant to 10 CFR 54.37(b) and 10 CFR 50.54(a)(3). The NRC has 
determined by rule that a frequency not exceeding 24 months between 
successive updates is acceptable for maintaining FSAR content up-to-
date. The requested exemption would provide an equivalent level of 
protection to the existing requirements

[[Page 64174]]

because it ensures that updates to the CNP FSAR are submitted with no 
greater than 24 months between successive updates. The requested 
exemption would also meet the intent of the rule with respect to 
regulatory burden reduction. Additionally, based on the nature of the 
requested exemption and the fact that updates will not exceed 24 months 
from the last submittal as described above, no new accident precursors 
would be created by the exemption; therefore, neither the probability 
nor the consequences of postulated accidents would be increased. In 
conclusion, the requested exemption will not present an undue risk to 
the public health and safety.

C. Consistent With the Common Defense and Security

    The requested exemption from 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) 
with respect to their references to 10 CFR 50.71(e) would allow I&M to 
continue to submit its periodic updates to the CNP FSAR within 6 months 
after each CNP, Unit No. 1 refueling outage, not to exceed 24 months 
from the last submittal. Neither these regulations nor the proposed 
exemption thereto has any relation to security issues. Therefore, the 
common defense and security is not impacted by the requested exemption.

D. Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii), 
are present whenever application of the regulation in the particular 
circumstances is not necessary to achieve the underlying purpose of the 
rule.
    The underlying purpose of 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) is 
to ensure that licensees periodically update their FSARs with changes 
required by these regulations so that the FSARs remain up-to-date and 
accurately reflect the plant design and operation. As previously 
decribed, the references in 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) to 
10 CFR 50.71(e) can be interpreted to include the reporting frequency 
prescribed in 10 CFR 50.71(e)(4). If interpreted in this way, strict 
compliance with the 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) reporting 
requirements at CNP, where the FSAR is updated at a frequency permitted 
by the March 3, 1998 exemption, would create a disconnect between these 
report updates and the FSAR update. Specifically, since CNP is a dual-
unit facility with a single shared FSAR and staggered refueling 
outages, application of the phrase ``after each refueling outage'' in 
10 CFR 50.71(e)(4), as it relates to 10 CFR 54.37(b) and 10 CFR 
50.54(a)(3), would result in more frequent report updates than are 
necessary to achieve the underlying purpose of the rule. Therefore, 
special circumstances are present per 10 CFR 50.12(a)(2)(ii).

E. Environmental Considerations

    With respect to its impact on the quality of the human environment, 
the NRC has determined that the issuance of the exemption discussed 
herein meets the eligibility criteria for categorical exclusion set 
forth in 10 CFR 51.22(c)(25). Under 10 CFR 51.22(c)(25), the granting 
of an exemption from the requirements of any regulation of 10 CFR 
Chapter I (which includes 10 CFR 54.37 and 10 CFR 50.54) is an action 
that is a categorical exclusion, provided that:
    (i) There is no significant hazards consideration;
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    (iv) There is no significant construction impact;
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents; and
    (vi) The requirements from which an exemption is sought involve:
    (A) Recordkeeping requirements;
    (B) Reporting requirements;
    (C) Inspection or surveillance requirements;
    (D) Equipment servicing or maintenance scheduling requirements;
    (E) Education, training, experience, qualification, requalification 
or other employment suitability requirements;
    (F) Safeguard plans, and materials control and accounting inventory 
scheduling requirements;
    (G) Scheduling requirements;
    (H) Surety, insurance or indemnity requirements; or
    (I) Other requirements of an administrative, managerial, or 
organizational nature.
    The NRC staff's determination that all of the criteria for this 
categorical exclusion are met is as follows:
    I. 10 CFR 51.22(c)(25)(i): There is no significant hazards 
consideration.
    Staff Analysis: The criteria for determining whether an action 
involves a 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. Therefore, there are no 
significant hazards considerations because granting the 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. 10 CFR 51.22(c)(25)(ii): There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    Staff Analysis: The proposed action involves only a schedule 
change, which is administrative in nature, and does not involve any 
changes in the types or significant increase in the amounts of any 
effluents that may be released offsite.
    III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    Staff Analysis: Since the proposed action involves only a schedule 
change, which is administrative in nature, it does not contribute to 
any significant increase in individual or cumulative public or 
occupational radiation exposure.
    IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction 
impact.
    Staff Analysis: Since the proposed action involves only a schedule 
change, which is administrative in nature, it does not involve any 
construction impact.
    V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the 
potential for or consequences from radiological accidents.
    Staff Analysis: The proposed action involves only a schedule 
change, which is administrative in nature and does not impact the 
potential for or consequences from radiological accidents.
    VI. 10 CFR 51.22(c)(25)(vi): The requirements from which the 
exemption is sought involve scheduling requirements and other 
requirements of an administrative, managerial, or organizational 
nature.
    Staff Analysis: The proposed action involves scheduling 
requirements and other requirements of an administrative, managerial, 
or organizational nature because it is associated with the requirement 
in 10 CFR 50.71(e)(4), which stipulates that revisions to the FSAR must 
be filed annually or 6 months after each refueling outage provided the 
interval between successive updates does not exceed 24 months.
    Based on the above, the NRC staff concludes that the proposed 
exemption meets the eligibility criteria for the categorical exclusion 
set forth in 10 CFR

[[Page 64175]]

51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no 
environmental impact statement or environmental assessment need be 
prepared in connection with the NRC's issuance of this exemption.

IV. Conclusions

    The NRC has determined that, pursuant to 10 CFR 50.12 and 10 CFR 
54.15, 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 NRC hereby grants I&M an exemption from the requirements 
of 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) with respect to their 
references to 10 CFR 50.71(e) to allow I&M to continue to submit its 
periodic updates to the CNP FSAR within 6 months after each CNP, Unit 
No. 1 refueling outage, not to exceed 24 months from the last 
submittal.
    This exemption is effective upon issuance.

    Dated: October 1, 2020.

    For the Nuclear Regulatory Commission.

David J. Wrona,

Acting Deputy Director, Division of Operating Reactor Licensing, 
Office of Nuclear Reactor Regulation.

[FR Doc. 2020-22231 Filed 10-8-20; 8:45 am]
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