[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 81992-81994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33466]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-039; NRC-2008-0603]
PPL Bell Bend, LLC; Combined License Application for Bell Bend
Nuclear Power Plant; Exemption
1.0 Background
PPL Bell Bend, LLC 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 Bell Bend
Nuclear Power Plant (BBNPP), in Salem County, Pennsylvania. The BBNPP
COL application incorporates by reference AREVA NP's application for a
Standard Design Certification for the U.S. EPR. Additionally, the BBNPP
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 BBNPP COL application on October 10,
2008. 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 February 12, 2010, PPL Bell Bend, LLC submitted Revision 2 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. PPL
Bell Bend, LLC has requested a one-time exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit
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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 PPL Bell Bend, LLC to submit the next FSAR update at a later
date. The current FSAR update schedule could not be changed, absent the
exemption. PPL Bell Bend LLC requested the exemption by letter dated
October 26, 2011 (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML11307A414).
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)).
PPL Bell Bend LLC 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 NMP3NPP 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 PPL
Bell Bend LLC to submit the next BBNPP 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 PPL
Bell Bend LLC 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 PPL Bell Bend LLC to submit the
next FSAR update on or before March 20, 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 PPL Bell Bend LLC 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
BBNPP 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 PPL
Bell Bend LLC has made good faith efforts to comply with the regulation
by submitting Revision 2 to the COL application on February 12, 2010.
Revision 2 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). 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:
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(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.
(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
application's 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;
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.
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements; or (G) Scheduling requirements.
Staff analysis: The exemption request involves requirements in both
of these categories because it involves submitting an updated FSAR by
PPL Bell Bend, LLC 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 PPL Bell Bend LLC a one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the BBNPP 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.
Dated at Rockville, Maryland, this 21st day of December, 2011.
For the Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch1, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2011-33466 Filed 12-28-11; 8:45 am]
BILLING CODE 7590-01-P