[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Pages 16517-16518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7386]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-245, 50-336, and 50-423; NRC-2010-0128]
Dominion Nuclear Connecticut, Inc.; Millstone Power Station, Unit
Nos 1, 2, and 3; Exemption
1.0 Background
Dominion Nuclear Connecticut, Inc. (DNC or the licensee) is the
holder of Facility Operating License Nos. DPR-21, DPR-65, and NPF-49,
which authorize operation of the Millstone Power Station, Unit Nos. 1,
2, and 3 (Millstone). 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 one boiling water reactor and two
pressurized water reactors located in New London County, Connecticut.
The boiling water reactor is permanently shut down.
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 (74 FR 13926), requires licensees to protect, with high
assurance, against radiological sabotage by designing and implementing
comprehensive site security plans. The final rule became effective on
May 26, 2009, and compliance with the final rule is required by March
31, 2010.
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 two of these new requirements that DNC 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. Specifically, by letter dated January 12, 2010
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML100131116), as supplemented by letter dated January 12, 2010
(ADAMS Accession No. ML100131115), DNC requested an exemption in
accordance with 10 CFR 73.5, ``Specific exemptions.'' Due to
procurement needs and installation activities associated with the
required security system upgrades, the licensee has requested exemption
from the March 31, 2010, implementation date specified in the new rule
for two specific requirements. The two items subject to the request for
exemption are proposed to be implemented by August 31, 2010, and
September 30, 2010, respectively. The January 12, 2010, letter,
contains four attachments that were designated by the licensee as
containing safeguards information and, accordingly, the attachments are
not available to the public. The supplemental January 12, 2010, letter
contains, as an attachment, an environmental assessment.
Being granted this exemption for the two items would allow the
licensee sufficient time to complete the upgrades to the Millstone
security system as required by the recent revisions to 10 CFR 73.55.
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 request would, as noted above, allow
an extension from March 31, 2010, until August 31, 2010, for certain
uninterruptible power requirements and September 30, 2010, for certain
alarm station requirements. 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 licensees exemption request is authorized by law.
In the draft final rule sent to the Commission on July 9, 2008
(ADAMS Accession No. ML081780209), 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.
[[Page 16518]]
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 to generically 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, ADAMS Accession No. ML091410309).
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.
Millstone Schedule Exemption Request
The licensee provided detailed information regarding the proposed
exemption in the attachments to its letter dated January 12, 2010. The
attachments describe a comprehensive plan to upgrade the Millstone
security system to meet the new requirements in 10 CFR Part 73. Due to
the procurement needs and installation activities associated with the
required security system upgrades, the licensee has requested an
exemption from the March 31, 2010, implementation date specified in the
new rule for two specific requirements. DNC proposes to implement
certain alarm station requirements by September 30, 2010, and certain
uninterruptible power supply requirements by August 31, 2010.
The attachments to the licensee's letter dated January 12, 2010,
details the specific portions of the regulations for which the site
cannot be in compliance by the March 31, 2010, implementation date,
along with justifications for each of the proposals. The attachments
also provide a milestone schedule with the activities necessary to
bring the licensee into full compliance by September 30, 2010.
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 September 30, 2010, Millstone 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 justified its request for an extension of the
compliance date to August 31, 2010, and September 30, 2010, with regard
to the two specified requirements of 10 CFR 73.55.
Accordingly, the Commission has determined that pursuant to 10 CFR
73.5, ``Specific exemptions,'' 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 has determined that the long-term benefits that will be
realized when the security upgrades are completed justifies extending
the March 31, 2010, full compliance date for the two items in the
licensee's exemption request. The security measures that DNC needs
additional time to implement at Millstone 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 to the March 31, 2010, deadline for the two items
specified in the attachments to DNC's letter dated January 12, 2010,
the licensee is required to be in full compliance with 10 CFR 73.55 by
September 30, 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 14634; dated March 26, 2010).
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. 2010-7386 Filed 3-31-10; 8:45 am]
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