[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70953-70955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29212]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2010-0105]
Florida Power Corporation, et al.; Crystal River Unit 3 Nuclear
Generating Plant; Exemption
1.0 Background
Florida Power Corporation (FPC, the licensee) is the holder of
Facility Operating License No. DPR-72, which authorizes operation of
the Crystal River Unit 3 Nuclear Generating Plant (CR-3). 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
Citrus County, Florida.
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 as a
final rule 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 (74
FR 13926), 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.
[[Page 70954]]
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.
By letter dated March 25, 2010 (ADAMS Accession No. ML100630530),
the NRC granted an exemption to the licensee for four specific items
subject to the revised rule in 10 CFR 73.55, allowing the
implementation of two items to be extended until November 15, 2010, and
the implementation of two other items until December 15, 2010. All
other physical security requirements established by this rulemaking
have been implemented by the licensee.
By letter dated September 8, 2010, the licensee requested an
exemption in accordance with 10 CFR 73.5, ``Specific exemptions.''
Portions of the licensee's September 8, 2010, letter contain security-
related information and, accordingly, a redacted version of this letter
is available for public review in the Agencywide Documents Access and
Management System Accession (ADAMS) No. ML102530129. The licensee
requested this exemption to allow an additional extension from the
current implementation dates granted in the prior exemption for the
four specific remaining requirements that involve significant physical
upgrades to the CR-3 security systems. The licensee requested the
previous exemption based on the conceptual design information available
at that time. The licensee has further developed its design changes and
has completed its discovery phase. Due to the unforeseen need for
design changes and the associated analysis necessary to achieve full
compliance with the Final Rule, additional time is needed to complete
the complex revised design and construction. Specifically, the
licensee's request is to extend the implementation dates from November
15 and December 15, 2010, to December 15, 2011, and March 15, 2012,
respectively. Granting this exemption extending the implementation
dates for the four remaining items would allow the licensee to perform
necessary design changes and to complete significant physical
modifications to the CR-3 security system including constructing a new
two-story building to meet the Final Rule requirements.
3.0 Discussion of Part 73 Schedule Exemption From the March 31, 2010,
Full Implementation Date
Pursuant 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.' '' In accordance with 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 would allow an additional extension
from the implementation dates approved under a previous exemption from
November 15 and December 15, 2010, to December 15, 2011, and March 15,
2012, respectively, for four specific remaining requirements of the
final 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 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
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 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.
Crystal River Schedule Exemption Request
The licensee provided detailed information in its letter dated
September 8, 2010, describing the reason and justification for an
exemption to extend the implementation dates for the four remaining
requirements. Additionally, the licensee has provided information
regarding the expanded scope for projects at CR-3 and the impacts on
the licensee's ability to meet the current implementation dates of
November 15, and December 15, 2010. The licensee changed the scope
significantly to ensure that its new plans will meet regulatory
requirements. Because of the change, the licensee could not meet the
implementation dates granted by the previous exemption. The licensee is
now constructing a new two-story building to meet these requirements
and this excavation and construction expands the project to well beyond
the implementation dates in the previously granted exemption, thus
prompting this exemption request. Portions of the September 8, 2010,
letter contain security-related information regarding the site security
plan, details of specific portions of the regulation from which the
licensee seeks exemption, justification for the additional extension
request, a description of the required changes to the site's security
configuration, and a revised timeline with critical path activities
that would enable the licensee to achieve full compliance by March 15,
2012. The timeline provides dates indicating when (1) Design activities
will be completed and approved, (2) construction of a new two-story
building will be completed, and (3) the new and relocated equipment
will be installed and tested.
The site-specific information provided within the CR-3 exemption
request is relative to the requirements from which the licensee
requested exemption and demonstrates the need for modification to meet
the four specific remaining requirements of 10 CFR 73.55. The proposed
implementation schedule depicts the critical activity milestones of the
security system upgrades; is consistent with the licensee's solution
for meeting the requirements; is consistent with the scope of the
modifications and the issues and challenges identified; and is
consistent with the licensee's requested compliance date.
Notwithstanding the proposed schedule exemption for these four
remaining requirements, the licensee will continue to be in compliance
with all other applicable physical security
[[Page 70955]]
requirements as described in 10 CFR 73.55 and reflected in its current
NRC-approved physical security program. By March 15, 2012, CR-3
physical security system will be in full compliance with all of the
regulatory requirements of 10 CFR 73.55, as published 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 provided adequate justification for its request
for an extension of the previously authorized implementation dates from
November 15 and December 15, 2010, with regard to four specified
requirements of 10 CFR 73.55, to December 15, 2011, and March 15, 2012,
respectively. This conclusion is based on the NRC staff's determination
that the licensee has made a good faith effort to meet the requirements
in a timely manner, has sufficiently described the reason for the
unanticipated delays, and has provided an updated detailed schedule
with adequate justification to the additional time requested for the
extension.
The long-term benefits that will be realized when the security
systems upgrade is complete justify extending the full compliance date
with regard to the specific requirements of 10 CFR 73.55 for this
particular licensee. The security measures that CR-3 needs additional
time to implement are new requirements imposed by amendments to 10 CFR
73.55, as published on March 27, 2009, and are in addition to those
required by the security orders issued in response to the events of
September 11, 2001. Accordingly, an exemption from the March 31, 2010,
implementation date is authorized by law and will not endanger life or
property or the common defense and security, and the Commission hereby
grants the requested exemption.
As per the licensee's request and the NRC's regulatory authority to
grant an exemption to the March 31, 2010, implementation date for the
four items specified in Attachment 1 of the FPC letter dated September
8, 2010, the licensee is required to implement two items by December
15, 2011, and to implement the remaining two items by March 15, 2012.
The licensee is required to be in full compliance with 10 CFR 73.55 by
March 15, 2012. 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.
In accordance with 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 69710 dated November 15, 2010).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 15th day of November 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-29212 Filed 11-18-10; 8:45 am]
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