[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75388-75390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29584]
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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 the Requirement To Submit an Annual Update to the Final Safety
Analysis Report Included in a Combined License Application
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 an August 7, 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 August 7, 2013, DEP requested an exemption from certain regulatory
requirements that require them to submit updates to the Final Safety
Analysis Report (FSAR) included in their COL application until six
months after requesting the NRC to resume its review of their COL
application. The NRC staff reviewed this request and determined that it
is appropriate to grant the exemption, but stipulated that the updates
to the FSAR 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.
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, Inc.
(DEP), submitted to the U.S. Nuclear Regulatory Commission (NRC) 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 Shearon Harris Units 2 and 3 COL APPLICATION on April 23,
2008. On April 15, 2013, DEP submitted Revision 5 to the COL
application (ADAMS Accession No. ML13112A761), including updates to the
Final Safety Analysis Report (FSAR), per subsection 50.71(e)(3)(iii) of
Title 10 of the Code of Federal Regulations (10 CFR). On May 2, 2013
(ADAMS Accession No. ML13123A344), DEP requested that the NRC suspend
review of the Shearon Harris Nuclear Plant Units 2 and 3 COL
application. On August 7, 2013 (ADAMS Accession No. ML13220B004), DEP
requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to
submit COL application Final Safety Analysis Report (FSAR) updates.
2.0 Request/Action
10 CFR 50.71(e)(3)(iii) requires that an applicant for a COL under
Subpart C of 10 CFR part 52, submit updates to their FSAR annually
during the period from docketing the application to the Commission
making its 52.103(g) finding.
Pursuant to 10 CFR 50.71(e)(3)(iii) the next annual update of the
FSAR included in the Harris Units 2 and 3 COL application would be due
in April of 2014 as DEP had submitted Revision 5 to the COL application
which included an update to the FSAR, in a letter dated April 15, 2013
(ADAMS Accession No. ML13112A761). 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 and all review activities related to the Harris Units 2
and 3 COL application were suspended while the application remained
docketed. In a letter dated August 7, 2013 (ADAMS Accession No.
ML13220B004), DEP requested that the Harris Units 2 and 3 COL
application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements
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 50.71(e)(3)(iii). In its
request, DEP asked
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the NRC to grant the exemption from 10 CFR 50.71(e)(3)(iii), until six
months after restarting 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 submit the next
FSAR update 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 submit an FSAR update 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 Section 50.71(e)(3)(iii)
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))
and if ``[t]he 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 purpose of 10 CFR 50.71(e)(3)(iii) is to ensure that the NRC
has the most up to date information regarding the COL application, in
order to perform an efficient and effective review. The rule targeted
those applications that are being actively reviewed by the NRC. Because
DEP requested the NRC suspend its review of the Harris Units 2 and 3
COL application, compelling DEP to submit its FSAR on an annual basis
is not necessary as the FSAR will not be changed or updated until the
review is restarted. Requiring the updates would result in undue
hardship on DEP, and the purpose of 50.71(e)(3)(iii) would still be
achieved if the update is submitted prior to restarting the review and
in any event by December 31, 2014.
The requested exemption to defer submittal of the next update to
the FSAR included in the Harris Units 2 and 3 COL application would
provide only temporary relief from the regulations of 10 CFR
50.71(e)(3)(iii). As evidenced by the proper submittal of annual
updates on June 23, 2009 (ADAMS Accession No. ML091810540), April 12,
2010 (ADAMS Accession No. ML101120592), April 14, 2011 (ADAMS Accession
No. ML11117A708), April 12, 2012 (ADAMS Accession No. ML12122A656) and
April 15, 2013 (ADAMS Accession No. ML13112A761), DEP has made good
faith efforts to comply with 10 CFR 50.71(e)(3)(iii) prior to
requesting suspension of the review. In its request DEP asked the NRC
to grant exemption from 10 CFR 50.71(e)(3)(iii) until 6 months after
reactivating the Harris Units 2 and 3 COL application review. With no
specific end date, the NRC could not consider this exemption temporary,
so the NRC included a December 31, 2014 deadline as part of its review
of the exemption request.
For the reasons stated above, the application of Sec.
50.71(e)(3)(iii) in this particular circumstance can be deemed
unnecessary and the granting of the exemption would allow only
temporary relief from a rule that the applicant had made good faith
efforts to comply with, therefore special circumstances are present.
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 DEP
to submit the next Harris Units 2 and 3 COL application FSAR update on
or before December 31, 2014, in lieu of the required scheduled
submittal in April 2014. 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 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. In addition, since the review of the application has been
suspended, any update to the application submitted by DEP will not be
reviewed by the NRC at this time. Plant construction cannot proceed
until the NRC review of the application is completed, a mandatory
hearing is completed, and a license is issued. 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 next FSAR
update 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 ``[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 50.71(e)(3)(iii) is
to ensure that the NRC has the most up-to date information in order to
perform its review of a COL application efficiently and effectively.
Because the requirement to annually update the FSAR was intended for
active reviews and 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
update its FSAR by December 31, 2014, or prior to any request to
restart of their review, the purpose of the rule would still be
achieved.
Special circumstances in accordance with 10 CFR 50.12(a)(2)(v) are
present whenever the exemption would provide only temporary relief from
the regulation and the applicant has made good faith efforts to comply
with this regulation. Because of the assumed and imposed new deadline
of December 31, 2014, DEP's exemption request seeks only temporary
relief from the requirement that it file an update to the FSAR included
in the Harris Units 2 and 3 COL application. Additionally
[[Page 75390]]
DEP submitted the required annual updates to its FSAR throughout the
application process until asking for suspension of its review.
Therefore, since the relief from the requirements of 10 CFR
50.71(e)(3)(iii) would be temporary and the applicant has made good
faith efforts to comply with the rule, and the underlying purpose of
the rule is not served by application of the rule in this circumstance,
the special circumstances required by 10 CFR 50.12(a)(2)(ii) and
50.12(a)(2)(v) 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) 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 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 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 FSAR by DEP
and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting FSAR
updates 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 50.71(e)(3)(iii) pertaining to the Shearon
Harris Nuclear Power Plant Units 2 and 3 COL application to allow
submittal of the next FSAR update 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. 2013-29584 Filed 12-10-13; 8:45 am]
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