[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16523-16524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7378]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346; NRC-2010-0125]
FirstEnergy Nuclear Operating Company; Davis-Besse Nuclear Power
Station; Exemption
1.0 Background
FirstEnergy Nuclear Operating Company (FENOC, the licensee) is the
holder of Facility Operating License No. NFP-3, which authorizes
operation of the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS). The
license provides, 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 one pressurized-water reactor located in
Ottawa County, Ohio.
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 one of these new
requirements that DBNPS 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 30, 2009, as supplemented by letter dated
December 23, 2009, the licensee requested an exemption in accordance
with 10 CFR 73.5, ``Specific exemptions.'' The licensee's November 30,
2009, letter contains proprietary and safeguards information and,
accordingly, is not available to the public. The licensee has requested
an exemption from the March 31, 2010, compliance date stating that it
must complete a significant modification to the current site security
configuration before all requirements can be met. Specifically, the
request is for one specific requirement from the current March 31,
2010, deadline, to February 3, 2011. Being granted this exemption for
the one item would allow the licensee to complete the modification 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.
The approval of this exemption, as noted above, would allow an
extension from March 31, 2010, until February 03, 2011, for one
specified area 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 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 rule Power Reactor Security 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.
Davis-Besse Nuclear Power Station Schedule Exemption Request
The licensee provided detailed information in the enclosure of its
November 30, 2009, letter requesting an exemption. Enclosure 1 contains
proprietary information (not publically available, contains security-
related information) regarding the site security plan, details of
specific portions of the regulation for which 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 would ensure the licensee to achieve full
compliance by February 3, 2011. The timeline provides dates indicating
when (1) Construction will begin on various phases of the project, (2)
outages are scheduled for the unit, and (3) critical equipment will be
ordered, installed, tested and become operational.
Notwithstanding the schedule exemption for this specific
requirement, 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 February 3, 2011 DBNPS will 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
[[Page 16524]]
licensee has provided adequate justification for its request for an
extension of the compliance date with regard to the one specified
requirement of 10 CFR 73.55 to February 3, 2011.
Accordingly, the Commission has determined that pursuant to10 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.
The NRC staff has determined that the long-term benefits that will
be realized when the DBNPS equipment installation is complete,
justifies extending the full compliance date with regard to the
specified requirement of 10 CFR 73.55. The security measures DBNPS
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 one item
specified in the enclosure of FENOC letter dated November 30, 2009, the
licensee is required to be in full compliance by February 3, 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 14635).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th 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. 2010-7378 Filed 3-31-10; 8:45 am]
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