[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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