[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Notices]
[Pages 13327-13329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6064]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259, 50-260 and 50-296; NRC-2010-0030]
Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1,
2, and 3; Exemption
1.0 Background
Tennessee Valley Authority (TVA, the licensee) is the holder of
Facility Operating License Numbers DPR-33, DPR-52 and DPR-68, which
authorize operation of the Browns Ferry Nuclear Plant, Units 1, 2, and
3 (BFN). 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 three boiling-water reactors located in
Limestone 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 programs. The amendments to 10 CFR 73.55
published on March 27, 2009, establish and update generically
applicable security requirements similar to those previously imposed by
Commission orders issued after the terrorist attacks of September 11,
2001, and implemented by licensees. In addition, the amendments to 10
CFR 73.55 include additional requirements to further enhance site
security based upon insights gained from implementation of the post-
September 11, 2001, security orders. It is from three of these new
requirements that BFN now seeks an exemption from the March 31, 2010,
implementation date. All other physical security requirements
established by this recent rulemaking have already been or will be
implemented by the licensee by March 31, 2010.
By letter dated November 6, 2009, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.''
Portions of the licensee's November 6, 2009, letter contain safeguards
and security sensitive
[[Page 13328]]
information and, accordingly, are not available to the public. On
January 11, 2010, the licensee submitted a redacted version of its
November 6, 2009, letter, which is publicly available (Agencywide
Documents Access and Management System Accession No. ML100130168). 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
specific 10 CFR 73.55 requirements that would be in place by December
20, 2012, versus the March 31, 2010, deadline. Being granted this
exemption for the three items would allow the licensee additional time
to complete the modifications designed to update aging equipment and
incorporate state-of-the-art technology to meet or exceed regulatory
requirements.
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, licensed under 10 CFR Part 50, 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.
NRC approval of this exemption, as noted above, would allow an
extension from March 31, 2010, until December 20, 2012. As stated
above, 10 CFR 73.5 allows the NRC to grant exemptions from the
requirements of 10 CFR Part 73. The NRC staff has determined that
granting of the licensee's proposed exemption would not result in a
violation of the Atomic Energy Act of 1954, as amended, or the
Commission's regulations. Therefore, NRC approval of the licensee's
exemption request is authorized by law.
In the draft final rule provided 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 (74 FR 13926, March 27, 2009).
From this, it is clear that the Commission wanted to provide a
reasonable timeframe for licensees to achieve full compliance.
As noted in the final power reactor security 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 these changes could be accomplished
through a variety of licensing mechanisms, including exemptions. Since
issuance of the final rule, the Commission has rejected generic
industry requests to 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.
Browns Ferry Schedule Exemption Request
The licensee provided detailed information in its November 6, 2009,
letter, as supplemented by letter dated January 11, 2010, requesting an
exemption. The NRC staff finds that the licensee has provided an
adequate basis for the exemption request as well as appropriate
detailed justification that describes the reasons additional time is
needed. Specifically, the BFN will be undertaking multiple large scope
modifications to the physical protection program through four
interrelated projects that require supporting multiple subtasks. These
subtasks must be completed in sequence due to the complex
interconnectivity of each project to other program components. The
licensee has provided sufficiently detailed technical information that
supports the described solution for meeting the identified
requirements. Because of the large scope of the proposed modifications
and upgrades, significant engineering analysis, design, and planning
are required to ensure system effectiveness upon completion of the four
projects. In addition to project-specific tasks and procurement
details, the TVA has also identified a variety of site-specific
considerations that will impact the final completion date, such as
refueling outages, manpower resources, engineering/design changes
during construction, and weather conditions that may impact completion
of milestones. As with all construction activities, the licensee must
also account for site-specific safety and construction methods in the
areas in which work is to be performed, the location of existing
infrastructure such as buried power lines, and unanticipated delays
that could significantly impact the project schedules. These site-
specific safety and construction methods must be accounted for in the
proposed schedule that, in turn, impacts the final compliance date
requested. The TVA has contracted a common provider to perform design
work at two other TVA sites concurrent with the work required at the
BFN. The licensee has provided a coordinated/combined schedule for
projects at BFN that outlines the sequence in which work must be
conducted to ensure effective system connectivity. In addition, the
required tasks/changes must be completed in sequence at each of the
three sites to support all program upgrades being performed and to
ensure effective connectivity of each project.
The upgrades that the licensee identified within its exemption
request for BFN support its solution for meeting the three specified
requirements, and the proposed schedule is justified by the complexity
and scope of the projects described to include tasks and sub-tasks,
timing issues, and potential delays.
The proposed implementation schedule depicts the critical activity
milestones of the security system upgrades; is consistent with the
licensee's solution for meeting the requirements; is consistent with
the scope of the modifications and the issues and challenges
identified; and is consistent with the licensee's requested compliance
date.
Notwithstanding the schedule exemptions for these limited
requirements, the licensee would continue to be in compliance with all
other applicable physical security requirements as described in 10 CFR
73.55 and reflected in its current NRC-approved physical security
program. By December 20, 2012, BFN would be in full compliance with all
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 provided adequate justification for its request for an
extension of the compliance date to December 20, 2012, with regard to
three specified requirements of 10 CFR 73.55.
[[Page 13329]]
Accordingly, the Commission has determined that pursuant to 10 CFR
73.5, the 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.
Therefore, the Commission hereby grants the requested exemption.
The NRC staff has determined that the long-term benefits that will
be realized when the security system upgrades are complete justify
exceeding the full compliance date and the proposed implementation
schedule is consistent with the scope of the modifications in the case
of this particular licensee. The security measures that TVA needs
additional time to implement at BFN are new requirements imposed by
March 27, 2009, amendments to 10 CFR 73.55, and are in addition to
those required by the security orders issued in response to the events
of September 11, 2001. Therefore, the NRC staff concludes 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 from the March 31, 2010, implementation deadline for
the three items specified in Enclosure 1 of the TVA letter dated
November 6, 2009 (publicly available version dated January 11, 2010),
the licensee is required to be in full compliance by December 20, 2012.
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, ``Finding 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 (75 FR 5354, dated February 2, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 11th day of March 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-6064 Filed 3-18-10; 8:45 am]
BILLING CODE 7590-01-P