[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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