[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16201-16202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7189]



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NUCLEAR REGULATORY COMMISSION

 [Docket Nos. 50-266 and 50-301; NRC-2010-0123]


FPL Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 
and 2; Exemption

1.0 Background

    FPL Energy Point Beach, LLC (FPLE, the licensee) is the holder of 
Renewed Facility Operating License Nos. DPR-24 and DPR-27, which 
authorize operation of the Point Beach Nuclear Plant, Units 1 and 2 
(PBNP). 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 
Manitowoc County, Wisconsin.

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 plans. 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 one of these new requirements that PBNP 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    By letter dated February 26, 2010, which was superseded by letter 
dated March 11, 2010, the licensee requested an exemption in accordance 
with 10 CFR 73.5, ``Specific exemptions.'' Enclosures 1 to the February 
26, and March 11, 2010, letters contain security-related information 
and, accordingly, are not available to the public. Redacted versions of 
the licensee's exemption requests dated February 26, and March 11, 
2010, are publicly available in the Agencywide Documents Access and 
Management System (ADAMS) Accession Nos. ML100600565 and ML100710739, 
respectively. The licensee has requested an exemption from the March 
31, 2010, compliance date stating that it must accommodate unforeseen 
delays such as adverse weather, material delivery delays, and testing 
constraints that could result in non-compliance with the March 31, 
2010, compliance deadline. Specifically, the request is for one 
requirement that would be met by May 28, 2010, versus the March 31, 
2010, deadline. Granting this exemption for the one item would afford 
the licensee additional time to perform necessary upgrades to meet or 
exceed the 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 May 28, 2010, for the 
implementation date for one specific requirement of the new rule. As 
stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the 
requirements of 10 CFR 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, the exemption is authorized by law.
    In the draft final Power Reactor Security 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 generically 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 the 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.

PBNP Schedule Exemption Request

    The licensee provided detailed information in Enclosure 1 of its 
letter dated March 11, 2010, requesting an exemption. The licensee is 
requesting additional time to perform necessary upgrades to the PBNP 
security system due to unforeseen delays such as adverse weather, 
material delivery delays, and testing constraints, and provides a 
timeline for achieving full compliance with the new regulation. 
Enclosure 1 to the licensee's letter contains security-related 
information regarding the site security plan, details of the specific 
requirement of the regulation for which the site cannot be in 
compliance by the March 31, 2010, deadline, justification for the 
exemption request, 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 May 28, 2010. The timeline 
provides dates indicating when the critical equipment will be 
installed, tested, and become operational.
    Notwithstanding the schedular 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 May 28, 2010, PBNP will be in full compliance with all the 
regulatory

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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 one specified requirement of 10 CFR 
73.55 until May 28, 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 long-term benefits that will be realized when the PBNP security 
modifications are complete justifies exceeding the full compliance date 
in the case of this particular licensee. The security measure for which 
PBNP needs additional time to implement is a new requirement imposed by 
March 27, 2009, amendments to 10 CFR 73.55, and is 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 one item 
specified in Enclosure 1 of PBNP letter dated March 11, 2010, the 
licensee is required to be in full compliance with 10 CFR 73.55 by May 
28, 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 14206; March 24, 2010].
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 24th 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. 2010-7189 Filed 3-30-10; 8:45 am]
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