[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14211-14212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6492]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361 and 50-362; NRC-2010-0101]
Southern California Edison, San Onofre Nuclear Generating
Station, Unit 2 and Unit 3; Exemption
1.0 Background
Southern California Edison (SCE, the licensee) is the holder of the
Facility Operating License Nos. NPF-10 and NPF-15, which authorize
operation of the San Onofre Nuclear Generating Station (SONGS), Unit 2
and Unit 3, respectively. 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 or the Commission) now or
hereafter in effect.
The facility consists of two pressurized-water reactors located in
San Diego County, California.
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 in
the Federal Register on 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 (74 FR 13926),
establish and update generically applicable security requirements
similar to those previously imposed by Commission orders issued after
the terrorist attacks on September 11, 2001, and implemented by the
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 two of these additional requirements that
SCE 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 December 17, 2009, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.''
Portions of the December 17, 2009, submittal contain security-related
and safeguards information and, accordingly, a redacted version of the
December 17, 2009, letter was also submitted by the licensee on
December 17, 2009 (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML093570268). This redacted version is available
to the public. The licensee has requested an exemption from the March
31, 2010, implementation date stating that a number of issues will
present a significant challenge to the timely completion of the
projects related to certain specific requirements in 10 CFR 73.
Specifically, the request is to extend the implementation date from the
current March 31, 2010, deadline to October 31, 2010, for one specific
requirement, and to January 31, 2011, for a second specific
requirement. Granting this exemption for the two items would allow the
licensee to complete the modifications designed to update aging
equipment and incorporate state-of-the-art technology to meet the noted
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 of the implementation date from March 31, 2010, until October
31, 2010, and January 31, 2011, for two specific requirements of the
new rule. 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 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, the exemption is authorized by
law.
In the draft final power reactor security 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.
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 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 generic industry request 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 as documented in a letter from R. W. Borchardt, (NRC), to M. S.
Fertel, (Nuclear Energy Institute) dated June 4, 2009. 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.
SONGS Schedule Exemption Request
The licensee provided detailed information in Enclosure 1 to its
letter dated December 17, 2009, requesting an exemption. In that
letter, the licensee described a comprehensive plan to study, design,
construct, test, and turn over the new equipment for the enhancement of
the security capabilities at the SONGS site and provides a timeline for
achieving full compliance with the new regulation. Enclosure 1 of the
application dated December 17, 2009, contains security-related and
safeguards information regarding the site security plan, details of the
specific requirements of the regulation for which the site cannot
achieve compliance by the March 31, 2010, deadline, justification for
the extension request, a description of the required changes to the
site's security configuration, and a timeline with critical path
activities that would enable the licensee to achieve full compliance by
January 31, 2011.
[[Page 14212]]
The timeline provides dates indicating when (1) construction will begin
on various phases of the project, (2) outages are scheduled for each
unit, and (3) critical equipment will be ordered, installed, tested and
become operational.
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 January 31, 2011, SONGS would 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 submittal and concludes that
the licensee has provided adequate justification for its request for an
extension of the compliance dates to October 31, 2010, and to January
31, 2011, for two specified requirements.
Accordingly, the Commission has determined that pursuant to 10 CFR
73.5, ``Specific exemptions,'' an 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 SONGS security modifications are completed
justifies exceeding the full compliance date with regard to the
specified requirements of 10 CFR 73.55. The significant security
enhancements SONGS needs additional time to complete 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
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, deadline for the two items
specified in Enclosure 1 of SCE's letter dated December 17, 2009, the
licensee is required to be in full compliance by January 31, 2011. 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 12580; dated March 16, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th 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. 2010-6492 Filed 3-23-10; 8:45 am]
BILLING CODE 7590-01-P