[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75386-75388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29559]
[[Page 75386]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-036; NRC-2008-0616]
Entergy Operations, Inc.; Combined License Application for River
Bend Station Unit 3, Exemption From the Requirements To Revise a
Combined License Application To Comply With Enhancements to Emergency
Preparedness Rule
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a September 30, 2013, request from Entergy
Operations, Inc. (EOI) which requested an exemption from addressing
enhancements to the Emergency Preparedness (EP) rules in their Combined
License (COL) application. The NRC staff reviewed this request and
determined that it is appropriate to grant the exemption but stipulated
that the revised application must be submitted prior to, or coincident
with, requesting the NRC to resume its review of the COL application,
or by December 31, 2014, whichever comes first.
ADDRESSES: Please refer to Docket ID NRC-2008-0616 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0616. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that the document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John Klos, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-5136; email: [email protected].
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to EOI.
1.0 Background
The NRC accepted for docketing the River Bend Station Unit 3 (RBS3)
COL application on December 4, 2008, (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML083370275, Docket No. 52-
036). On January 9, 2009, EOI requested that the NRC temporarily
suspend review of the application and the NRC granted EOI's request
(ADAMS Accession No. ML090080277) while the application remained
docketed. On September 30, 2013 (ADAMS Accession No. ML13275A066), EOI
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 EP rules by December 31, 2013.
2.0 Request/Action
Part 50, Appendix E, Section I.5 of Title 10 of the Code of Federal
Regulations (10 CFR), 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 3, 2011 (76 FR
72560). Part 50, Appendix E, Section I.5 gives those COL applicants
close to receiving their COL the option to defer addressing the changes
to the EP rules, however a license amendment request must be submitted
no later than December 31, 2013. 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.
Because EOI 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 January 9, 2009, EOI
requested that the NRC suspend review of the RBS3 COL application. The
NRC granted EOI's request for suspension of all review activities while
the application remained docketed (ADAMS Accession No. ML090080277). In
a letter dated, September 30, 2013 (ADAMS Accession No. ML13275A066),
EOI requested an exemption from the requirements of 10 CFR Part 50,
Appendix E, Section I.5 until the time that EOI requests reactivation
of the RBS3 COL application review. Prior to, or coincident with this
reactivation request, EOI commits to submit an upgrade of the RBS3 COL
application, addressing the enhancements to Emergency Preparedness
Regulations.
EOI's requested exemption is seen as an open-ended, one-time
schedule change from the requirements of 10 CFR part 50, Appendix E,
Section I.5. Therefore the NRC included an imposed December 31, 2014,
deadline as part of its review of the exemption request. The exemption
would allow EOI to comply with the new EP rule 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 schedule to comply with
the new EP rule 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: ``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)).
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 COL approval and receipt of license, or operate the facility.
The target 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.
[[Page 75387]]
Because EOI requested the NRC to suspend its review of the RBS3 COL
application, compelling EOI 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. So 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 EOI's COL application, it makes no difference if
they revise the COL application now, when they request the review be
restarted, or December 31, 2014. For this reason the application of
Appendix E, Section I.5 can be 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 EOI 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 EOI the requested one-time exemption from the requirements of
10 CFR Part 50, Appendix E, Section I.5 will be only temporary, 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 purposes of the enhancements to Emergency
Preparedness found in 10 CFR Part 50, Appendix E are 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 EOI to submit the revised COL
application prior to, or coincident, with a request of 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), are
present whenever ``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)). 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 COL
application prior to issuance of the license. Because the requirement
to comply with the new EP rules was intended for active reviews and the
RBS3 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 EOI were then required to comply by December 31, 2014,
or prior to any request to restart 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: When contacting the NRC about the availability of
information regarding this document. You may access publicly-
available information related to this action by the following
methods:
(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 is 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.
(vi) The requirements from which an exemption is sought involve:
(B) Reporting requirements;
The exemption request involves submitting an updated COL
application by EOI and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting a COL
application update to the NRC.
[[Page 75388]]
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a)(1) and (2), 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 EOI
a one-time exemption from the requirements of 10 CFR Part 50, Appendix
E, Section I.5 pertaining to the River Bend Station Unit 3 COL
application to allow submittal of the revised COL application that
complies with the new EP rules prior to, or coincident with, 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 4th day of December 2013.
For the Nuclear Regulatory Commission.
Ronaldo Jenkins,
Branch Chief, Licensing Branch 3, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2013-29559 Filed 12-10-13; 8:45 am]
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