[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 81994-81996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33464]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-016; NRC-2008-0250]


UniStar Nuclear Energy; Combined License Application for Calvert 
Cliffs Nuclear Power Plant, Unit 3; Exemption

1.0 Background:

    UniStar Nuclear Energy (UNE) submitted to the U.S. Nuclear 
Regulatory Commission (NRC or the Commission ) 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 Calvert 
Cliffs Nuclear Power Plant Unit 3 (CCNPP3) and located at a site in 
Calvert County, Maryland. The CCNPP3 COL application incorporates by 
reference AREVA NP's application for a Standard Design Certification 
for the U.S. EPR. The NRC docketed the CCNPP3 COL application on June 
3, 2008. The NRC is currently performing concurrent reviews of the 
CCNPP3 COL application, as well as the 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 December 20, 2010, UNE submitted Revision 7 to the COL 
application, including updates to the FSAR. Pursuant to 10 CFR 
50.71(e)(3)(iii), the next annual update is due by December 2011. UNE 
has requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii) 
requirements to submit the scheduled 2011 update, and proposed, for 
approval, a new submittal deadline of March 30, 2012, for the next FSAR 
update.
    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. The current 
FSAR update schedule could not be changed, absent the exemption. UNE 
requested the exemption by letter dated November 8, 2011 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML11318A013).

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

[[Page 81995]]

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)).
    UNE commits to submit the next FSAR update by March 30, 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 CCNPP3 COL application FSAR would provide only 
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). .

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 CCNPP3 COL application FSAR update on or before 
March 30, 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. 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 on or before March 30, 2012. The requested 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 CCNPP3 COL 
application. This one-time exemption will support the NRC staff's 
effective and efficient review of the COL application 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 7 to the 
COL application on December 20, 2010. Revision 7 of the COL application 
incorporated information provided in prior supplements and standardized 
language with the U.S. EPR Design Certification 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). Under 10 CFR 51.22(c)(25), granting of an exemption from 
the requirements of any regulation of 10 CFR Chapter 1 is an action 
that is a categorical exclusion, provided that:
    (i) There is no significant hazards consideration;
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    (iv) There is no significant construction impact;
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents; and
    (vi) The requirements from which an exemption is sought involve:
    (B) Reporting requirements; or (G) Scheduling requirements.

The NRC staff's determination that each of the applicable criteria for 
this categorical exclusion is met is justified as follows:
    (i) There is no significant hazards consideration;
    Staff analysis: 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 is currently underway. Therefore, there are no significant 
hazard 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;
    Staff analysis: 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.

[[Page 81996]]

    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    Staff analysis: 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;
    Staff analysis: The proposed action involves only a schedule change 
which is administrative in nature; the application review is underway 
and no license will be issued prior to receipt of the afore-mentioned 
March 30, 2012 submittal of the revised FSAR, 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
    Staff analysis: 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; or (G)Scheduling requirements;
    Staff analysis: The proposed exemption involves requirements in 
both of these categories because it involves submitting an updated FSAR 
by UNE and also 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 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 CCNPP3 COL application to allow 
submittal of the next FSAR update, no later than March 30, 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.

    For the Nuclear Regulatory Commission.
    Dated at Rockville, Maryland, this 21st day of December, 2011.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2011-33464 Filed 12-28-11; 8:45 am]
BILLING CODE 7590-01-P