[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77724-77726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30752]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-039; NRC-2008-0603]
PPL Bell Bend, LLC; Bell Bend Nuclear Power Plant; 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 October 18, 2013 request from PPL Bell
Bend, LLC (PPL). PPL 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. 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 by December 31, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0603 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0603. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual(s) 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 a 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: Michael Takacs, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-
0001; telephone: 301-415-7871; email: [email protected].
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to PPL.
1.0 Background
On October 10, 2008, PPL Bell Bend, LLC (PPL) 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 to be constructed
and operated as Bell Bend Nuclear Power Plant (BBNPP), in Luzerne
County, Pennsylvania (Agencywide Documents Access and Management System
(ADAMS) Accession No. ML082890663). The NRC docketed the BBNPP COL
application on December 19, 2008 (Docket Number 52-039). Additionally,
the BBNPP COL application is based upon the U.S. EPR reference COL
(RCOL) application for UniStar's Calvert Cliffs Nuclear Power Plant,
Unit 3 (CCNPP3). The NRC is currently performing the detailed reviews
of the CCNPP3 RCOL application, and AREVA NP's application for design
certification of the U.S. EPR. On April 12, 2013, PPL submitted
Revision 4 to the COL application (ADAMS Accession No. ML13120A374),
including updates to the Final Safety Analysis Report (FSAR), per Title
10 of the Code of Federal Regulations (10 CFR) Subsection
50.71(e)(3)(iii), consistent with the NRC approved exemption for late
filing of the calendar year 2012 FSAR update. On October 18, 2013, PPL
requested an exemption from the 10 CFR 50.71(e)(3)(iii) requirements to
submit the BBNPP COL application FSAR update in calendar year 2013
(ADAMS Accession No. ML13304A574).
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, must update 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 BBNPP COL application would be due by December 31,
2013. On November 2, 2012, PPL previously requested an exemption,
pursuant to 10 CFR 50.71(e)(3)(iii) to allow for late filing of their
required application revision for calendar year 2012 (ADAMS Accession
No. ML12321A037). The NRC
[[Page 77725]]
granted the exemption as described in 78 FR 4465 (January 22, 2013). On
April 12, 2013, PPL submitted Revision 4 to the COL application,
including updates to the FSAR. Since this submittal was provided to
satisfy their approved exemption for late filing of calendar year 2012,
the next annual update is due by the end of calendar year 2013. PPL has
again requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii)
requirements to submit its scheduled 2013 update while work is being
completed on the generic aspects of the safety review for the U.S. EPR
Design Certification and the CCNPP3 RCOL application. In addition,
since Revision 5 of the U.S. EPR FSAR was submitted to the NRC on July
19, 2013 (ADAMS Accession No. ML13220B020), the corresponding 2013
update of the CCNPP3 RCOL application, which will have incorporated
applicable changes from the U.S. EPR FSAR Revision 5, has not yet been
submitted to the NRC. Therefore, the exemption would allow PPL to
submit the FSAR update in an orderly and efficient manner, without
undue burden on their resources, after the CCNPP3 RCOL application has
been updated to reflect the current version to the U.S. EPR FSAR.
PPL'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, PPL asked the NRC to grant the exemption from 10 CFR
50.71(e)(3)(iii) for calendar year 2013 for reasons cited above. The
exemption would allow PPL to submit the next FSAR update at a later
date but no later than 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. Since
the CCNPP3 RCOL application has not yet been updated to the most recent
revision of the U.S. EPR FSAR, nor has CCNPP3 incorporated all FSAR
changes resulting from its responses to NRC Requests for Additional
Information, updating the BBNPP FSAR cannot be accomplished prior to
the end of 2013. Requiring the update would only cause undue hardship
on PPL, and the purpose of 50.71(e)(3)(iii) would still be achieved so
long as the next update is submitted by December 31, 2014.
The requested exemption to defer submittal of the next update to
the FSAR included in the BBNPP COL application would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). As
evidenced by the April 12, 2013, submittal of Revision 4 to the COL
application (ADAMS Accession No. ML13120A374), PPL has made good faith
efforts to comply with 10 CFR 50.71(e)(3)(iii).
For the reasons stated above, the application of 10 CFR
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 PPL
to submit the next BBNPP COL application FSAR update on or before
December 31, 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 PPL 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 purposes 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, the revisions to an
application under 10 CFR Part 52, for which a license has not been
granted. 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 probability of postulated accidents is not
increased. 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 PPL to submit the next FSAR
update 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 in that the ``[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 CCNPP3 RCOL application has
not yet been updated to the most recent revision of the U.S. EPR FSAR,
nor has it incorporated all RCOL application responses to NRC Requests
for Additional Information, 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 PPL
were then required to update its FSAR by December 31, 2014, 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
[[Page 77726]]
good faith efforts to comply with this regulation. Because of the
assumed and imposed new deadline of December 31, 2014, PPL's exemption
request seeks only temporary relief from the requirement that it file
an update to the FSAR included in the BBNPP COL application.
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 10
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. 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. 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 PPL
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)(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 PPL
a one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the Bell Bend Nuclear Power Plant COL application to
allow submittal of the next FSAR update on or before 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 18th day of December 2013.
For The Nuclear Regulatory Commission.
John Segala,
Chief, Licensing Branch 1, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2013-30752 Filed 12-23-13; 8:45 am]
BILLING CODE 7590-01-P