[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4467-4469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01145]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-016; NRC-2008-0250]
UniStar Nuclear Energy, Combined License Application for Calvert
Cliffs Power Plant, Unit 3, Exemption
1.0 Background
UniStar Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear
Project, LLC and UniStar Nuclear Operating Services, LLC, 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 Calvert
Cliffs Nuclear Power Plant, Unit 3 (CCNPP Unit 3), and is to be located
in Calvert County, MD. The NRC docketed Part 2 of the CCNPP Unit 3 COL
application on June 3, 2008. The CCNPP Unit 3 COL application
incorporates by reference AREVA NP's application for a standard design
certification for the U.S. EPR. The NRC is currently performing
concurrent reviews of the CCNPP Unit 3 COL application, as well as
AREVA NP's application for design certification of the U.S. EPR. UNE
previously requested an exemption on November 8, 2011, pursuant to 10
CFR 50.71(e)(iii) to submit the scheduled 2011 update, and proposed,
for approval, a new submittal deadline of March 30, 2012. The NRC
granted the exemption as described in Federal Register notice (FR) 76
FR 81994 (December 29, 2011).
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 COL application.
On March 27, 2012, UNE submitted Revision 8 to the COL application,
including updates to the FSAR. Since this submittal was provided to
satisfy their requested exemption of November 8, 2011, pursuant to 10
CFR 50.71(e)(3)(iii), the next annual update is due by the end of
December 2012. UNE has again requested a one-time exemption from the 10
CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2012 update,
and proposed for approval, a new submittal deadline of March 29, 2013,
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 2, 2012 (Agencywide
Documents Access and Management System (ADAMS) Accession No.
ML12311A270). Documents related to this action, including the
application for amendment and supporting documentation, are available
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's ADAMS, which provides text and image files of NRC's public
documents. The ADAMS accession numbers for the documents related to
this notice are ML12341A189 and ML12341A262.
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)).
UNE commits to submit the next COL FSAR update by March 29, 2013,
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 CCNPP Unit 3 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 CCNPP Unit 3 COL application FSAR update on or
before March 29, 2013. Per 10 CFR 50.12. 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 29, 2013. 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
[[Page 4468]]
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 CCNPP Unit
3 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
8 to the COL application on March 27, 2012. This COLA revision
incorporated changes resulting from Revision 3 of the U.S. EPR FSAR and
COLA changes resulting from UNE's responses to the NRC requests for
additional information submitted through February 12, 2012. 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 [which includes
10 CFR 50.71(e)(3)(iii)] 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:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance requirements;
(D) Equipment servicing or maintenance scheduling requirements;
(E) Education, training, experience, qualification, requalification
or other employment suitability requirements;
(F) Safeguard plans, and materials control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity requirements; or
(I) Other requirements of an administrative, managerial, or
organizational nature.
The requirements from which this exemption is sought involve only
(B) Reporting requirements; or (G) Scheduling requirements of those
required by 10 CFR 51.22(c)(25)(vi).
The NRC staff's determination that each of the applicable criteria
for this categorical exclusion is met is justified as follows:
I. 10 CFR 51.22(c)(25)(i) There is no significant hazards
consideration;
Staff Analysis: The criteria for determining if an exemption
involves a 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. 10 CFR 51.22(c)(25)(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. 10 CFR 51.22(c)(25)(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. 10 CFR 51.22(c)(25)(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 aforementioned
application's March 29, 2013, submittal of the revised FSAR, therefore,
the proposed action does not involve any construction impact.
V. 10 CFR 51.22(c)(25)(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. 10 CFR 51.22(c)(25)(vi) The requirements from which this
exemption is sought involve only (B) Reporting requirements; or (G)
Scheduling requirements of those required this regulation.
Staff Analysis: The exemption request involves requirements in both
of these categories because it involves submitting an updated COL FSAR
by JUNE and also relates to the schedule for submitting COL 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.
[[Page 4469]]
Therefore, the NRC hereby grants UNE a one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the CCNPP Unit 3
COL application to allow submittal of the next FSAR update, no later
than March 29, 2013.
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 impact on the human environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 8th day of January 2013.
For the Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-01145 Filed 1-18-13; 8:45 am]
BILLING CODE 7590-01-P