[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14209-14211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6511]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2010-0100]
Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power
Station; Exemption
1.0 Background
Entergy Nuclear Operations, Inc. (Entergy or the licensee) is the
holder of Facility Operating License No. DPR-28, which authorizes
operation of the Vermont Yankee Nuclear Power Station (VY). The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the Nuclear Regulatory Commission
(NRC or the Commission) now or hereafter in effect.
The facility consists of a boiling-water reactor located in Windham
County, Vermont.
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 five of these new
requirements that VY 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 January 21, 2010, as supplemented by letter dated
February 17, 2010, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's letter dated
January 21, 2010, contains security sensitive information and,
accordingly, is not available to the
[[Page 14210]]
public. The licensee has requested an exemption from the March 31,
2010, compliance date stating that, due to the scope of the design,
procurement, and installation activities and in consideration of
impediments to construction such as winter weather conditions and
equipment delivery schedules, completion of some of the activities to
meet the new requirements contained in 10 CFR 73.55 will require
additional time beyond March 31, 2010. Specifically, the request to
extend the compliance date is for five specific requirements from the
current March 31, 2010, deadline to September 20, 2010. Being granted
this exemption for the five items would allow the licensee to be in
full compliance with the 10 CFR Part 73 Final Rule.
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.
The NRC approval of this exemption, as noted above, would allow an
extension from March 31, 2010, until September 20, 2010, with the new
rule in five specified areas. 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 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 (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.
Vermont Yankee Schedule Exemption Request
The licensee provided detailed information in a letter dated
January 21, 2010, requesting an exemption, as supplemented by letter
dated February 17, 2010. The exemption request describes a
comprehensive plan to implement certain new security measures including
design, procurement, and installation activities consideration of
impediments to construction such as winter weather conditions and
equipment delivery schedules and provides a timeline for achieving full
compliance with the new regulation. Attachment 1 of the letter dated
January 21, 2010, contains (1) proprietary information regarding the
site security plan, (2) details of specific portions of the regulation
for which the site cannot be in compliance by the March 31, 2010,
deadline and the reasons for the same, (3) the required changes to the
site's security configuration, and (4) a timeline with critical path
activities that would enable the licensee to achieve full compliance by
September 20, 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.
Notwithstanding the scheduler exemptions for these limited
requirements, the licensee will 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 September 20, 2010, VY 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 NRC 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 five specified requirements of 10 CFR
73.55 to September 20, 2010.
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 design, procurement, and installation activities
are complete, justifies extending the full compliance date in the case
of this particular licensee. The security measures VY needs additional
time to implement 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 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 from the March 31, 2010, deadline for the five items
specified in the licensee's letter dated January 21, 2010, as
supplemented by letter dated February 17, 2010, the licensee is
required to be in full compliance by September 20, 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, ``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 12311; dated March 15, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th day of March 2010.
[[Page 14211]]
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-6511 Filed 3-23-10; 8:45 am]
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