[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Pages 32994-32996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13816]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-038; NRC-2008-0581]
Nine Mile Point 3 Nuclear Project, LLC and Unistar Nuclear
Operating Services, LLC; Combined License Application for Nine Mile
Point 3 Nuclear Power Plant; Exemption
1.0 Background
Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear
Operating Services, LLC (UniStar) submitted to the U.S. Nuclear
Regulatory Commission (NRC) a Combined License (COL) Application for a
single unit of AREVA NP's U.S. EPR in accordance with the requirements
of Title 10 of the Code of Federal Regulations (10 CFR), subpart C of
part 52, ``Licenses, Certifications, and Approvals for Nuclear Power
Plants.'' This reactor is to be identified as Nine Mile Point 3 Nuclear
Power Plant (NMP3NPP), and located adjacent to the current Nine Mile
Point Nuclear Station, Unit 1 and Unit 2, in Oswego County, New York.
The NMP3NPP COL application incorporates by reference AREVA NP's
application for a Standard Design Certification for the U.S. EPR.
Additionally, the NMP3NPP COL application is based upon the U.S. EPR
reference COL (RCOL) application for UniStar's Calvert Cliffs Nuclear
Power Plant, Unit 3 (CCNPP3). The NRC docketed the NMP3NPP COL
application on December 12, 2008. On December 1, 2009, UniStar Nuclear
Energy (UNE), which is acting on behalf of the COL applicants Nine Mile
Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services,
LLC, requested that the NRC temporarily suspend the NMP3NPP COL
application review, including any supporting reviews by external
agencies, until further notice. Based on this request, the NRC
discontinued all review activities associated with the NMP3NPP COL
application. The NRC is currently performing a detailed review of the
CCNPP3 RCOL application, as well as AREVA NP's application for design
certification of the U.S. EPR.
2.0 Request/Action
The regulations specified in 10 CFR 50.71(e)(3)(iii), require that
an applicant for a combined license under 10 CFR part 52 shall, during
the period from docketing of a COL application until the Commission
makes a finding under 10 CFR 52.103(g) pertaining to facility
operation, submit an annual update to the application's Final Safety
Analysis Report (FSAR), which is a part of the application.
On March 31, 2009, UNE submitted Revision 1 to the COL application,
including updates to the FSAR. Pursuant to 10 CFR 50.71(e)(3)(iii), the
next annual update was due by December 2010. UNE has requested a one-
time exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit
the scheduled 2010 and 2011 FSAR updates, and proposed for approval a
new submittal deadline of December 31, 2012, for the next FSAR update.
In addition, UNE has committed to submit an updated FSAR prior to
resumption of NRC review for the NMP3NPP COL application.
In summary, the requested exemption is a one-time schedule change
from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would
allow UNE to submit the next FSAR update at a later date, but still in
advance of the NRC reinstating its review of the application, and in
any event, by December 31, 2012. The current FSAR update schedule could
not be changed, absent the exemption. UNE requested the exemption by
letter dated December 9, 2010 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML103480076). UNE has affirmed
that this request letter replaced UNE's previous correspondence of
November 18, 2010 (ML103260479), in its entirety, on the same request
for exemption from 10 CFR 50.71(e)(3)(iii). The NRC notes that the
granting of the exemption applies prospectively, rather than
retroactively, so this exemption applies to required actions from the
date of exemption issuance and does not retroactively authorize a
previous failure to take required action.
3.0 Discussion
Pursuant to 10 CFR 50.12, the NRC may, upon application by any
interested person or upon its own initiative, grant exemptions from the
requirements of 10 CFR Part 50, including Section 50.71(e)(3)(iii)
when: (1) The exemptions are authorized by law, will not present an
undue risk to public health or safety, and are consistent with the
common defense and security; and (2) special circumstances are present.
As relevant to the requested exemption, special circumstances exist if:
(1) ``Application of the regulation in the particular circumstances
would not serve the underlying purpose of the rule or is not necessary
to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); or (2) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation'' (10 CFR
50.12(a)(2)(v)).
The review of the NMP3NPP COL application FSAR has been suspended
since December 1, 2009. Since the COL application incorporates by
reference the application for a Standard Design Certification for the
U.S. EPR, many changes in the U.S. EPR FSAR require an associated
change to the COL application FSAR, and because the NRC review of the
COL application is suspended, the updates to the COL application FSAR
will not be reviewed by the NRC staff until the NMP3NPP COL application
review is resumed. Thus, the optimum time to prepare a revision to the
COL application FSAR is sometime prior to UNE requesting the NRC to
resume its review. To prepare and submit a COL application FSAR update
when the review remains suspended and in the absence of any decision by
UNE to request the NRC to resume the review, would require UNE to spend
significant time and effort and would be of no value, particularly due
to the fact that the U.S. EPR FSAR is still undergoing periodic
revisions and updates. UNE commits to submit the next FSAR update prior
to any request to the NRC to resume review of the COL application and,
in any event, by December 31, 2012, and would need to identify all
changes to the U.S. EPR FSAR in order to prepare a COL application FSAR
revision that accurately and completely reflects the changes to the
U.S. EPR FSAR.
The requested one-time schedule exemption to defer submittal of the
next update to the NMP3NPP COL application FSAR would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). UNE
has made good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by
submitting Revision 1 to the COL application on March 31, 2009, prior
to requesting the review
[[Page 32995]]
suspension. Revision 1 incorporated information provided in prior
supplements and standardized language with the RCOL application.
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow UNE
to submit the next NMP3NPP COL application FSAR update on or before
December 31, 2012. As stated above, 10 CFR 50.12 allows the NRC to
grant exemptions. The NRC staff has determined that granting UNE the
requested one-time exemption from the requirements of 10 CFR
50.71(e)(3)(iii) will provide only temporary relief from this
regulation and will not result in a violation of the Atomic Energy Act
of 1954, as amended, or the NRC's regulations. Therefore, the exemption
is authorized by law.
No Undue Risk to Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
a timely and comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
the NRC staff and issuance of the NRC staff's safety evaluation report.
The requested exemption is solely administrative in nature, in that it
pertains to the schedule for submittal to the NRC of revisions to an
application under 10 CFR part 52, for which a license has not been
granted. In addition, since the review of the application has been
suspended, any update to the application submitted by UNE will not be
reviewed by the NRC at this time. Based on the nature of the requested
exemption as described above, no new accident precursors are created by
the exemption; thus, neither the probability, nor the consequences of
postulated accidents are increased. Therefore, there is no undue risk
to public health and safety.
Consistent With Common Defense and Security
The requested exemption would allow UNE to submit the next FSAR
update prior to requesting the NRC to resume the review and, in any
event, on or before December 31, 2012. This schedule change has no
relation to security issues. Therefore, the common defense and security
is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present whenever: (1) ``Application of the regulation in the particular
circumstances would not serve the underlying purpose of the rule or is
not necessary to achieve the underlying purpose of the rule'' (10 CFR
50.12(a)(2)(ii)); or (2) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant has
made good faith efforts to comply with the regulation'' (10 CFR
50.12(a)(2)(v)).
The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for
a timely and comprehensive update of the FSAR associated with a COL
application in order to support an effective and efficient review by
the NRC staff and issuance of the NRC staff's safety evaluation report.
As discussed above, the requested one-time exemption is solely
administrative in nature, in that it pertains to a one-time schedule
change for submittal of revisions to an application under 10 CFR Part
52, for which a license has not been granted. The requested one-time
exemption will permit UNE time to carefully review the most recent
revisions of the U.S. EPR FSAR, and fully incorporate these revisions
into a comprehensive update of the FSAR associated with the NMP3NPP COL
application. This one-time exemption will support the NRC staff's
effective and efficient review of the COL application when resumed, as
well as issuance of the safety evaluation report. For this reason,
application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances
is not necessary to achieve the underlying purpose of that rule.
Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). In
addition, special circumstances are also present under 10 CFR
50.12(a)(2)(v) because granting a one-time exemption from 10 CFR
50.71(e)(3)(iii) would provide only temporary relief, and UNE has made
good faith efforts to comply with the regulation by submitting Revision
1 to the COL application on March 31, 2009, prior to requesting the
review suspension. Revision 1 incorporated information provided in
prior supplements and standardized language with the RCOL application.
For the above reasons, the special circumstances required by 10 CFR
50.12(a)(2) for the granting of an exemption from 10 CFR
50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion From Environmental Review
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25), and justified by the NRC staff as follows:
10 CFR 51.22:
(c) The following categories of actions are categorical
exclusions:
(25) Granting of an exemption from the requirements of any
regulation of this chapter, provided that--
(i) There is no significant hazards consideration;
The criteria for determining whether there is no significant
hazards consideration are found in 10 CFR 50.92. The proposed action
involves only a schedule change regarding the submission of an
update to the application for which the licensing review has been
suspended. Therefore, there are no significant hazards
considerations because granting the proposed exemption would not:
(1) Involve a significant increase in the probability or
consequences of an accident previously evaluated; or
(2) Create the possibility of a new or different kind of
accident from any accident previously evaluated; or
(3) Involve a significant reduction in a margin of safety.
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released
offsite;
The proposed action involves only a schedule change which is
administrative in nature, and does not involve any changes to be
made in the types or significant increase in the amounts of
effluents that may be released offsite.
(iii) There is no significant increase in individual or
cumulative public or occupational radiation exposure;
Since the proposed action involves only a schedule change which
is administrative in nature, it does not contribute to any
significant increase in occupational or public radiation exposure.
(iv) There is no significant construction impact;
The proposed action involves only a schedule change which is
administrative in nature; the application review is suspended until
further notice, and there is no consideration of any construction at
this time, and hence the proposed action does not involve any
construction impact.
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
The proposed action involves only a schedule change which is
administrative in nature, and does not impact the probability or
consequences of accidents,and
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements;
The exemption request involves submitting an updated FSAR by UNE
and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting
FSAR updates to the NRC
4.0 Conclusion
Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12,
the exemption is authorized by law, will not present an undue risk to
the public
[[Page 32996]]
health and safety, and is consistent with the common defense and
security. Also, special circumstances are present. Therefore, the NRC
hereby grants UNE a one-time exemption from the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the NMP3NPP COL application to allow
submittal of the next FSAR update prior to any request to the NRC to
resume the review, and in any event, no later than December 31, 2012.
Pursuant to 10 CFR 51.22, the NRC has determined that the exemption
request meets the applicable categorical exclusion criteria set forth
in 10 CFR 51.22(c)(25), and the granting of this exemption will not
have a significant effect on the quality of the human environment. This
exemption is effective upon issuance.
Dated at Rockville, Maryland, this 26th day of May 2011.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, EPR Projects Branch, Division of New Reactor Licensing, Office
of New Reactors.
[FR Doc. 2011-13816 Filed 6-6-11; 8:45 am]
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