[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75383-75385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29582]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-022 and 52-023; NRC-2013-0261]


Duke Energy Progress; Shearon Harris Units 2 and 3; Exemption 
From Requirements To Revise Combined License Applications To Address 
Enhancements to Emergency Preparedness Rules

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 July 29, 2013, request from Duke Energy 
Progress (DEP). On May 2, 2013, DEP requested that the NRC suspend 
review of its combined license (COL) application until further notice. 
On July 29, 2013, DEP requested an exemption from certain regulatory 
requirements which, if granted, would allow them to revise their COL 
application in order to address enhancements to the Emergency 
Preparedness (EP) rules within six months of requesting the NRC to 
resume the review of their COL application, rather than by December 31, 
2013, as the regulations currently require. 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 
requesting the NRC resume its review of the COL application or by 
December 31, 2014, whichever comes first.

ADDRESSES: Please refer to Docket ID NRC-2013-0261 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-2013-0261. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.

[[Page 75384]]

     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: Anthony Minarik, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6185; email: [email protected].

SUPPLEMENTARY INFORMATION: The following sections include the text of 
the exemption in its entirety as issued to DEP.

1.0 Background

    On February 18, 2008, Agencywide Documents Access and Management 
System (ADAMS) Accession No. ML080580078) Duke Energy Progress, 
Incorporated (DEP), submitted to the U.S. Nuclear Regulatory Commission 
(NRC/the Commission) a Combined License (COL) application for two units 
of Westinghouse Electric Company's AP1000 advanced pressurized water 
reactors to be constructed and operated at the existing Shearon Harris 
Nuclear Plant (Harris) site (Docket Numbers 052000-22 and 052000-23). 
The NRC docketed the Harris Units 2 and 3 COL application on April 23, 
2008. On May 2, 2013 (ADAMS Accession No. ML13123A344), DEP requested 
that the NRC suspend review of the Harris Units 2 and 3 COL 
application. The NRC granted DEP's request for suspension and all 
review activities related to the Harris Units 2 and 3 COL application 
were suspended while the application remained docketed. On July 29, 
2013 (ADAMS Accession No. ML13212A361), DEP requested an exemption from 
the requirements part 50 Appendix E Section I.5 of Title 10 of the Code 
of Federal Regulations (10 CFR), as referenced by 10 CFR 52.79(a)(21), 
to submit an update to the COL application, addressing the enhancements 
to the EP rules by December 31, 2013.

2.0 Request/Action

    10 CFR part 50 appendix E, Section 1.5 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 (76 FR 
72560) on November 23, 2011. 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 DEP 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 May 2, 2013 (ADAMS 
Accession No. ML13123A344), DEP requested that the NRC suspend review 
of the Harris Units 2 and 3 COL application. The NRC granted DEP's 
request for suspension of all review activities while the application 
remained docketed. In a letter dated July 29, 2013 (ADAMS Accession No. 
ML13212A361), DEP requested an exemption from the requirements of 10 
CFR part 50 appendix E, section I.5 until the time that DEP requests 
the NRC to resume the review of the Harris Units 2 and 3 COL 
application. DEP'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, DEP asked the NRC to grant the exemption 
from 10 CFR Part 50 Appendix E Section I.5 until 6 months after 
reactivating the Harris Units 2 and 3 COL application review. Because 
such a request is seen as open-ended, the NRC included an imposed 
December 31, 2014, deadline as part of its review of the exemption 
request. The exemption would allow DEP to comply with the new EP rule 
at a later date, but still in advance of the NRC resuming its review of 
the application and in any event, by December 31, 2014. The current 
requirement 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: ``[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 applications or 
Combined License to allow the NRC to review them efficiently and 
effectively, and to bring the applicants or licensees into compliance 
prior to receiving a license, or, for licensees, prior to operating the 
plant. The targets of section I.5 of the rule were those applications 
that were being actively reviewed by the NRC staff when the rule went 
into effect on November 23, 2011. Because DEP requested the NRC suspend 
its review of the Harris Units 2 and 3 COL application, compelling DEP 
to revise its COL application in order to meet the December 31, 2013 
compliance deadline would result in 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 they revise the COL application 
now, when they request the review be restarted, or December 31, 2014. 
For this reason the application of 10 CFR Part 50 Appendix E, Section 
I.5, for the suspended Harris 2 and 3 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 DEP 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 DEP the requested one-time exemption from the requirements of 
10 CFR part 50 appendix E, Section I.5 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.

[[Page 75385]]

No Undue Risk to Public Health and Safety

    The underlying purpose of the enhancements to Emergency 
Preparedness found in 10 CFR part 50, appendix E, is to amend certain 
EP requirements to enhance 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 DEP 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. Because the Harris Units 2 and 3 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 DEP 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;
    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 are 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 DEP and
    (G) Scheduling requirements;
    The proposed exemption relates to the schedule for submitting a 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 DEP a one-time exemption from 
the requirements of 10 CFR part 50, appendix E, section I.5 pertaining 
to the Harris Units 2 and 3 COL application to allow submittal of the 
revised COL application that complies with the enhancements to the 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 21st day of November 2013.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2013-29582 Filed 12-10-13; 8:45 am]
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