[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79506-79508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31210]
[[Page 79506]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-014 and 52-015; NRC-2008-0043]
Tennessee Valley Authority: Exemption From Requirements To Revise
Combined License Application 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 an October 28, 2013, request from Tennessee
Valley Authority (TVA). On September 29, 2010, TVA requested that the
NRC suspend review of its combined license application until further
notice. On October 28, 2013 TVA requested an exemption from certain
regulatory requirements which, if granted, would allow them to revise
their combined license (COL) application in order to address
enhancements to the Emergency Preparedness (EP) rules at the same time
as 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-2008-0043 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-2008-0043. 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 TVA
1.0 Background
On October 30, 2007 (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML073110527) Tennessee Valley Authority
(TVA), 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 Bellefonte site, located near the
cities of Hollywood and Scottsboro in Jackson County in northeast
Alabama. (Docket numbers 052000-14 and 052000-15). The NRC docketed the
Bellefonte Nuclear Plant, Units 3 and 4 (BLN 3&4) COL application on
January 28, 2008. On September 29, 2010 (ADAMS Accession No.
ML102740476) TVA requested that the NRC defer the review of the BLN 3&4
COL application. In a letter dated November 24, 2010 (ADAMS Accession
No. ML102930207), the NRC granted TVA's request to defer the review and
stated it was in a suspended status, meaning all review activities
related to the BLN 3&4 COL application were eventually suspended after
a closeout period while the application remained docketed. On October
28, 2013 (ADAMS Accession No. ML13325B058) TVA requested an exemption
from the requirements of Title 10 of the Code of Federal Regulations
(10 CFR) Part 50 Appendix E, Section I.5 as referenced by 10 CFR
52.79(a)(21), to submit an update to the COL application, addressing
the enhancements to the Emergency Preparedness (EP) rules by December
31, 2013.
2.0 Request/Action
10 CFR 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 (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 TVA 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 September 29, 2010
(ADAMS Accession No. ML10274076), TVA requested that the NRC suspend
review of the BLN 3&4 COL application. The NRC granted TVA's request
for suspension and TVA reaffirmed its suspended status in a letter
dated December 19, 2011 (ADAMS Accession Number ML11356A068). In a
letter dated, October 28, 2013 (ADAMS Accession No. ML13325B058), TVA
requested an exemption from the requirements of 10 CFR Part 50 Appendix
E, Section I.5 until the time that TVA requests the NRC to resume the
review of the BLN 3&4 COL application. TVA's requested exemption is
interpreted as a one-time schedule change from the requirements of 10
CFR 50 Appendix E, Section I.5. In its request, TVA asked the NRC to
grant the exemption from 10 CFR Part 50 Appendix E, Section I.5 until
it asked the NRC to resume the review of the BLN 3&4 COL application.
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 TVA 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 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
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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 came
into effect on November 23, 2011. Because TVA requested the NRC suspend
its review of the BLN 3&4 COL application, compelling TVA 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. 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 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 BLN 3&4 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 TVA 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 TVA the requested one-time exemption from the requirements of
10 CFR 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.
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 EP 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 TVA 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 BLN 3&4 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 TVA 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
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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 TVA
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 TVA a one-time exemption from
the requirements of 10 CFR 10 CFR Part 50, Appendix E, Section I.5
pertaining to the BLN 3&4 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 19th day of December 2013.
For The Nuclear Regulatory Commission
Lawrence Burkhart,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of
New Reactors,
[FR Doc. 2013-31210 Filed 12-27-13; 8:45 am]
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