[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 70965-70967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28495]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-037; NRC-2008-0556]


Ameren Missouri; Combined License Application for Callaway Plant, 
Unit 2, Exemption

1.0 Background

    Union Electric Company, doing business as Ameren UE, 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 in part 52, of Title 10 of the Code of Federal 
Regulations (10 CFR), subpart C, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants.'' This reactor is to be identified 
as Callaway Plant (Callaway), Unit 2, and located at the current 
Callaway County, Missouri, site of the Callaway Power Plant. The 
Callaway, Unit 2, COL application is based upon and linked to the U.S. 
EPR reference COL (RCOL) application for UniStar's Calvert Cliffs 
Nuclear Power Plant, Unit 3 (CCNPP3). The NRC docketed the Callaway, 
Unit 2, COL application on December 12, 2008. On February 25, 2009, 
Ameren submitted Revision 1 to the COL application, including updates 
to the Final Safety Analysis Report (FSAR). In its letter to the NRC 
dated April 28, 2009, Ameren informed the NRC that it was suspending 
its efforts to build a nuclear power plant in Missouri. Subsequently, 
by letter dated June 23, 2009, Ameren requested the NRC to suspend all 
review activities relating to the Callaway, Unit 2, COL application. 
The NRC informed Ameren by letter dated June 29, 2009, that it had 
suspended all review activities relating to the Callaway, Unit 2, COL 
application (Agencywide Documents Access and Management System (ADAMS) 
Accession No. ML091750665). By letter to the NRC dated October 26, 
2010, Ameren requested a one-time exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR 
update, and proposed for approval of a new submittal deadline of 
December 31, 2012, for the next FSAR update. The NRC granted the 
exemption as described in the Federal Register notice published on 
January 21, 2011 (76 FR 3927). Prior to expiration of the exemption, 
while the COL application remained suspended, Ameren, on October 15, 
2012, requested a second one-time exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR 
update, and proposed for approval of a new submittal deadline of 
December 31, 2014, for the next FSAR update. The NRC granted the 
exemption as described in the Federal Register notice published on 
December 28, 2012 (77 FR 76539). 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. On October 3, 
2013 (ADAMS Accession No. ML13282A311), Ameren requested an exemption 
from the requirements of 10 CFR part 50, appendix E, section I.5, as 
referenced by 10 CFR 52.79(a)(21), to submit an update by December 31, 
2013, to the COL application, addressing the enhancements to Emergency 
Preparedness (EP) rules.

2.0 Request/Action

    In part 50, appendix E, section I.5 requires that an applicant for 
a COL under subpart C of 10 CFR part 52 whose application was docketed 
prior to December 23, 2011, must revise their COL application to comply 
with the EP rules published in the Federal Register on November 23, 
2011 (76 FR 72560). An applicant that does not receive a COL before 
December 31, 2013, shall revise its COL application to comply with 
these changes no later than December 31, 2013.
    Since Ameren will not hold a COL prior to December 31, 2013, it is 
therefore, required to revise its application to be compliant with the 
new EP rules by December 31, 2013. By letter dated June 23, 2009, 
Ameren requested the NRC to suspend all review activities relating to 
the Callaway, Unit 2, COL application. The NRC informed Ameren by 
letter dated June 29, 2009, that it had suspended all review activities 
relating to the Callaway, Unit 2, COL application (ADAMS Accession No. 
ML091750665). In a letter dated, October 3, 2013 (ADAMS Accession No. 
ML13282A311), Ameren requested an exemption from the requirements of 10 
CFR part 50, appendix E, section I.5 until a request for reactivation 
of the Callaway, Unit 2, COL application review is made by Ameren. 
Prior to this

[[Page 70966]]

reactivation request, Ameren commits to submit a revision to the 
Callaway, Unit 2, Emergency Plan, to comply with the enhancements to EP 
Regulations.
    Ameren's requested exemption is interpreted as a one-time schedule 
change from the requirements of 10 CFR part 50, appendix E, section 
I.5. In its request, Ameren asked the NRC to grant the exemption from 
10 CFR part 50, appendix E, section I.5 until requesting the NRC to 
resume the Callaway, Unit 2, COL application review. Such a request is 
seen as open-ended, and therefore, not temporary, and also contradicts 
with Ameren's current FSAR update due date of December 31, 2014, which 
includes an update of the Emergency Plan as part of the FSAR. Based on 
the above reasoning, and to be consistent with the FSAR update due 
date, the NRC included an imposed December 31, 2014, deadline as part 
of its review of the exemption request. The exemption would allow 
Ameren to comply with the new EP rules at a later date, but still in 
advance of NRC's reinstating its review of the application and in any 
event, by December 31, 2014. The current requirement to comply with the 
new EP rules by December 31, 2013, could not be changed, absent the 
exemption.

3.0 Discussion

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50, including 10 CFR part 50, appendix 
E, section I.5, when: (1) The exemption(s) 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: ``[a]pplication 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)).
    The purpose of 10 CFR part 50, appendix E, section I.5 was to 
ensure that applicants and new COL holders updated their COL 
application or Combined License to allow the NRC to review them 
efficiently and effectively, and to bring the applicants or licensees 
into compliance prior to their potential approval and receipt of 
license, or operate the facility. The targets of section I.5 of the 
rule were those applications that were in the process of being actively 
reviewed by the NRC staff when the rule came into effect on November 
23, 2011. Since Ameren requested the NRC to suspend its review of the 
Callaway, Unit 2, COL application, compelling Ameren to revise its COL 
application in order to meet the December 31, 2013, compliance deadline 
would only bring on unnecessary burden and hardship for the applicant 
to meet the compliance date. As long as it is recognized that the COL 
application must be updated to comply with the enhancements to the EP 
rules prior to the NRC approving their COL application, it makes no 
difference if Ameren revises the COL application now, when Ameren 
requests the review be restarted, or by December 31, 2014. For this 
reason, the application of 10 CFR part 50, appendix E, section I.5, for 
the suspended Callaway, Unit 2, COL application is deemed unnecessary, 
and therefore, special circumstances are present.

Authorized by Law

    The exemption is a one-time schedule exemption from the 
requirements of 10 CFR part 50, appendix E, section I.5. The exemption 
would allow Ameren to revise its COL application, and comply with the 
new EP rules on or before December 31, 2014, in lieu of December 31, 
2013, the date required by 10 CFR part 50, appendix E, section I.5. As 
stated above, 10 CFR 50.12 allows the NRC to grant exemptions from the 
requirements of 10 CFR part 50. The NRC staff has determined that 
granting Ameren the requested one-time exemption from the requirements 
of 10 CFR part 50, appendix E, section I.5 will provide only temporary 
relief from this regulation under the above cited special 
circumstances, and will not result in a violation of the Atomic Energy 
Act of 1954, as amended, or NRC's regulations. Therefore, the exemption 
is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purposes of the enhancements to EP found in 10 CFR 
part 50, appendix E, is to amend certain EP requirements which are 
aimed at enhancing protective measures in the event of a radiological 
emergency; address, in part, enhancements identified after the 
terrorist events of September 11, 2001; clarify regulations to effect 
consistent Emergency Plan implementation among licensees; and modify 
certain requirements to be more effective and efficient. Since plant 
construction cannot proceed until the NRC review of the application is 
completed, a mandatory hearing is completed, and a license is issued, 
the exemption does not increase the probability of postulated 
accidents. Additionally, 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 Ameren to submit the revised 
COL application prior to requesting the NRC to resume the review, and 
in any event, on or before December 31, 2014. This schedule change has 
no relation to security issues. Therefore, the common defense and 
security is not impacted.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii) 
are present whenever ``[a]pplication 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)). The underlying purpose of 10 CFR part 
50, appendix E, section I.5 is to ensure that applicants are in 
compliance with the new EP rules in a time that allows the NRC to 
effectively review their revised COL application prior to issuance of 
the license. Since the Callaway, Unit 2, COL application review is now 
suspended, the application of this regulation in this particular 
circumstance is unnecessary in order to achieve its underlying purpose. 
If the NRC were to grant this exemption and Ameren were then required 
to comply by December 31, 2014, or prior to any request to restart of 
their review, the purpose of the rule would still be achieved. 
Therefore, the special circumstances required by 10 CFR 50.12(a)(2)(ii) 
for the granting of an exemption from 10 CFR part 50, appendix E, 
section I.5 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:
    (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;

[[Page 70967]]

    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 is no significant hazards consideration 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 therefore, 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.
    (vi) The requirements from which an exemption is sought involve:
    (B) Reporting requirements;
    The exemption request involves submitting an updated COL 
application by Ameren,
    and
    (G) Scheduling requirements;
    The proposed exemption relates to the schedule for submitting COL 
application update to the NRC.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), 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 Commission hereby grants Ameren a one-time exemption 
from the requirements of 10 CFR part 50, appendix E, section I.5 
pertaining to the Callaway, Unit 2, COL application to allow submittal 
of the revised COL application that complies with the new EP rules 
prior to any request to the NRC to resume the review, and in any event, 
no later than December 31, 2014.
    Pursuant to 10 CFR 51.22, the Commission 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 20th day of November 2013.

    For The Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2013-28495 Filed 11-26-13; 8:45 am]
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