[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45885-45886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21456]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348 and 50-364; NRC-2009-0375]
Southern Nuclear Operating Company; Alabama Power Company; Joseph
M. Farley Nuclear Plant, Units 1 and 2; Exemption
1.0 Background
Southern Nuclear Operating Company (SNC, the licensee) is the
holder of Facility Operating License Numbers NPF-2 and NPF-8, which
authorize operation of the Joseph M. Farley Nuclear Plant, Units 1 and
2 (FNP). The licenses provide, among other things, that the facility is
subject to all rules, regulations, and orders of the U.S. Nuclear
Regulatory Commission (NRC, the Commission) now or hereafter in effect.
The facility consists of two pressurized water reactors located in
Houston County, Alabama.
2.0 Request/Action
Title 10 of the Code of Federal Regulations (10 CFR) Part 73,
``Physical protection of plants and materials,'' Section 73.55,
``Requirements for physical protection of licensed activities in
nuclear power reactors against radiological sabotage,'' published March
27, 2009, effective May 26, 2009, with a full implementation date of
March 31, 2010, requires licensees to protect, with high assurance,
against radiological sabotage by designing and implementing
comprehensive site security plans.
By letter dated June 9, 2009, as supplemented by letter dated July
31, 2009 the licensee requested an exemption in accordance with 10 CFR
73.5, ``Specific exemptions.'' The licensee's June 9, 2009, letter and
certain portions of its July 31, 2009 letter contain proprietary and
safeguards information and, accordingly, are not available to the
public. The licensee has requested an exemption from the March 31,
2010, compliance date stating that it must complete a number of
significant modifications to the current site security configuration
before all requirements can be met. Specifically, the request is for
three requirements that would be in place by December 15, 2010, versus
the March 31, 2010 deadline. Being granted this exemption for the three
items will allow the licensee to complete the modifications designed to
update aging equipment and incorporate state-of-the-art technology to
meet or exceed regulatory requirements.
[[Page 45886]]
3.0 Discussion of Part 73 Schedule Exemptions From the March 31, 2010,
Full Implementation Date
Pursuant to 10 CFR 73.55(a)(1), ``By March 31, 2010, each nuclear
power reactor licensee shall implement the requirements of this section
through its Commission-approved Physical Security Plan, Training and
Qualification Plan, Safeguards Contingency Plan, and Cyber Security
Plan referred to collectively hereafter as `security plans.' ''
Pursuant to 10 CFR 73.5, the Commission may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR Part 73 when the exemptions are authorized by
law, and will not endanger life or property or the common defense and
security, and are otherwise in the public interest. This exemption
would, as noted above, allow an extension from March 31, 2010, until
December 15, 2010, to allow for temporary noncompliance with the new
rule in three specified areas. The NRC staff has determined that
granting of 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.
In the draft final rule sent to the Commission, the NRC staff
proposed that the requirements of the new regulation be met within 180
days. The Commission directed a change from 180 days to approximately 1
year for licensees to fully implement the new requirements. This change
was incorporated into the final rule. From this, it is clear that the
Commission wanted to provide a reasonable timeframe for licensees to
reach full compliance.
As noted in the final rule, the Commission also anticipated that
licensees would have to conduct site specific analyses to determine
what changes were necessary to implement the rule's requirements, and
that changes could be accomplished through a variety of licensing
mechanisms, including exemptions. Since issuance of the final rule, the
Commission has rejected a request to generically extend the rule's
compliance date for all operating nuclear power plants, but noted that
the Commission's regulations provide mechanisms for individual
licensees, with good cause, to apply for relief from the compliance
date (Reference: June 4, 2009 letter from R. W. Borchardt, NRC, to M.
S. Fertel, Nuclear Energy Institute). The licensee's request for an
exemption is therefore consistent with the approach set forth by the
Commission and discussed in the June 4, 2009, letter.
Farley Schedule Exemption Request
The licensee provided detailed information in Enclosure 1 of its
supplemental submittal to the SNC June 9, 2009, letter requesting an
exemption. It describes a comprehensive plan to expand the protected
area (PA) by approximately 100 percent with upgrades to the security
capabilities of its Farley site and provides a timeline for achieving
full compliance with the new regulation. Enclosure 1 contains
proprietary information regarding the site security plan, details of
specific portions of the regulation where the site cannot be in
compliance by the March 31, 2010, deadline and why the required changes
to the site's security configuration, and a timeline with critical path
activities that will bring the licensee into full compliance by
December 15, 2010. The timeline provides dates indicating when (1)
construction will begin on various phases of the project (i.e., new
roads, buildings, and fences), (2) outages are scheduled for each unit,
and (3) critical equipment will be ordered, installed, tested and
become operational.
As described in its submittals, the licensee will maintain the
current PA until the site modifications are completely implemented by
December 15, 2010. Enclosure 2 to the July 31, 2009, submittal includes
safeguards (SGI) information that describes compensatory measures the
licensee will incorporate into the Joseph M. Farley Nuclear Plant Site
Security Plan by the compliance date of March 31, 2010, which will
supplement the protective measures already in place to maintain high
assurance against radiological sabotage. The licensee indicated that
with the incorporation of the extended protected area (PA) by December
15, 2010, the Farley Nuclear Plant will be in full compliance with the
regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule Exemption Request
The staff has reviewed the licensee's submittals and concludes that
the licensee has justified its request for an extension of the
compliance date with regard to three specified requirements of 10 CFR
73.55 until December 15, 2010.
The Commission has determined that pursuant to 10 CFR 73.5,
``Specific exemptions,'' exemption from the March 31, 2010, compliance
date is authorized by law and will not endanger life or property or the
common defense and security, and is otherwise in the public interest.
The licensee has compensatory measures as described in Enclosure 2 to
its supplemental letter of July 31, 2009, that the staff finds
acceptable. The basis for this determination is that the current site
protective strategy has been approved by the NRC staff as providing
high assurance for the protection of the facility and public from the
effects of radiological sabotage. As a condition of the Commission's
approval, these compensatory measures must be in place by March 31,
2010, and incorporated into the site security plan in accordance with
10 CFR 50.54(p)(2) or 10 CFR 50.90, as determined by the licensee to be
appropriate.
The long-term benefits that will be realized when the PA expansion
is complete justifies exceeding the full compliance date in the case of
this particular licensee. Therefore, it is concluded that the
licensee's actions are in the best interest of protecting the public
health and safety through the security changes that will result from
granting this exemption.
As per the licensee's request and the NRC's regulatory authority to
grant an exemption to the March 31, 2010 deadline for the three items
specified in Enclosure 1 of SNC letter dated July 31, 2009, the
licensee is required to be in full compliance with 10 CFR 73.55 by
December 15, 2010. In achieving compliance, the licensee is reminded
that it is responsible for determining the appropriate licensing
mechanism (i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of
all necessary changes to its security plans.
Pursuant to 10 CFR 51.32, ``Find of no significant impact,'' the
Commission has previously determined that the granting of this
exemption will not have a significant effect on the quality of the
human environment dated August 26, 2009 (74 FR 43169).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day of August 2009.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. E9-21456 Filed 9-3-09; 8:45 am]
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