[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16062-16064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06354]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 52-034 and 52-035; NRC-2008-0594]
Luminant Generation Company, LLC; Combined License Application
for Comanche Peak Nuclear Power Plant, Units 3 and 4, Exemption
1.0 Background
Luminant Generation Company, LLC. (Luminant) submitted to the U.S.
Nuclear Regulatory Commission (NRC), Combined License (COL)
applications for two United States--Advanced Pressurized Water Reactors
(US-APWR) in accordance with the requirements of Part 52 of Title 10 of
the Code of Federal Regulations (10 CFR), Subpart C, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants.'' These
reactors will be identified as Comanche Peak Nuclear Power Plant
(CPNPP), Units 3 and 4, and are located at the existing Comanche Peak
site in Somervell County, Texas. The NRC docketed the application on
December 2, 2008, and is currently performing a review of the
application. In addition, the NRC is currently performing a detailed
review of the Mitsubishi Heavy Industries, Ltd. (MHI) application for
the design certification of the US-APWR.
2.0 Request/Action
The regulations specified in 10 CFR 50.71(e)(3)(iii) require that
an applicant for a COL under Subpart C of 10 CFR Part 52 shall, during
the period from docketing of a COL application (COLA), until the
Commission makes a finding under 10 CFR 52.103(g) pertaining to
facility operation, submit an annual update to the application's Final
Safety Analysis Report (FSAR), which is a part of the COLA.
On November 7, 2013, (Agencywide Documents Access and Management
System (ADAMS) Accession No. ML13316A369) Luminant submitted a request
to the NRC that all reviews associated with the COLA for CPNPP, Units 3
and 4, be suspended for an indeterminate period beginning March 31,
2014. Luminant then submitted COLA, FSAR, Revision 4, on November 26,
2013 (ADAMS Accession No. ML13344B515). Pursuant to 10 CFR
50.71(e)(3)(iii), the next annual update (COLA, FSAR, Revision 5) would
be due in November 2014. On January 14, 2014, Luminant requested an
exemption from the requirements of 10 CFR 50.71(e)(3)(iii) for an
indeterminate period until a change in COLA status is formally
requested (ADAMS Accession No. ML14016A298).
In summary, the requested exemption from the requirements of 10 CFR
50.71(e)(3)(iii) is for an indeterminate period. The exemption would
allow Luminant to submit the subsequent FSAR update (Revision 5) one
year after the COLA review suspension period is formally ended. The
FSAR update schedule could not be changed, absent the exemption.
Luminant'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, Luminant asked the NRC to grant the exemption
[[Page 16063]]
from 10 CFR 50.71(e)(3)(iii), until one year after the end of the
suspension period. Because such a request is seen as open-ended, the
NRC included an imposed November 30, 2015 deadline as part of its
review of the exemption request. The exemption would allow Luminant to
submit the next FSAR update at a later date, but still within a
reasonable timeframe of NRC's reinstating its review of the application
and in any event, by November 30, 2015. 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 NRC 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 exemptions 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:
(1) ``Application 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)); (2) ``Compliance would result in undue hardship or
other costs that are significantly in excess of those contemplated when
the regulation was adopted, or that are significantly in excess of
those incurred by others similarly situated'' (10 CFR
50.12(a)(2)(iii)); or (3) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee 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
Luminant requested the NRC suspend its review of the CPNPP, Units 3 and
4 COL application, compelling Luminant 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 Luminant, and the purpose of 50.71(e)(3)(iii) would still
be achieved if the update is submitted after restarting the review and
in any event by November 30, 2015.
The requested exemption for filing CPNPP COLA FSAR updates would
provide relief from the regulations of 10 CFR 50.71(e)(3)(iii) until 1
year after the review suspension has formally been ended. Luminant has
made good faith efforts to comply with 10 CFR 50.71(e)(3)(iii) by
maintaining a ``living'' COLA, in which Luminant continuously
incorporates changes resulting from its responses to requests for
additional information (RAIs), commitments, or other identified
changes. Luminant has also submitted proposed changes to the COLA FSAR
pages along with responses to NRC RAIs. Additionally, Luminant has
periodically submitted Updated Tracking Reports, which provide changes
to the COLA FSAR that reflect changes to the COLA FSAR.
Authorized by Law
The exemption is a one-time exemption from the requirements of 10
CFR 50.71(e)(3)(iii). The exemption would allow the applicant to submit
the CPNPP, Units 3 and 4, COLA FSAR annual update currently scheduled
for November 2014, on or before November 30, 2015 and to submit the
subsequent FSAR annual update in November 2016. As stated above, 10 CFR
50.12 allows the NRC to grant exemptions. The NRC staff has determined
that granting Luminant a 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 COLA in
order to support an effective and efficient review by the NRC staff and
issuance of the NRC staff's safety evaluation report (SER). 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.
Based on the above, no new accident precursors are created by the
exemption; thus, the probability of postulated accidents is not
increased. Also, based on the above, the consequences of postulated
accidents are not increased. Therefore, there is no undue risk to
public health and safety.
Consistent With Common Defense and Security
The authorized exemption would allow Luminant to submit the FSAR
annual update (Revision 5) currently scheduled for November 2014, on or
before November 30, 2015 and to submit the subsequent FSAR annual
update in November 2016. This schedule change has no relation to
security issues. Therefore, the common defense and security is not
impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), are
present whenever: (1) ``Application 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)); (2) ``Compliance would result in undue hardship or
other costs that are significantly in excess of those contemplated when
the regulation was adopted, or that are significantly in excess of
those incurred by others similarly situated'' (10 CFR
50.12(a)(2)(iii)); or (3) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee has made good
faith efforts to comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
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 COLA in
order to support an effective and efficient review by the NRC staff and
issuance of the NRC staff's SER. As discussed above, the requested
exemption is solely administrative in nature, in that it pertains to
submittal of revisions to an application under 10 CFR Part 52, for
which a license has not been granted. Because the requirement to
annually update the FSAR was intended for active reviews and the CPNPP
Units 3 and 4 COL application review will soon be suspended, the
application of this regulation in this particular circumstance is
unnecessary in order to achieve its underlying purpose. The requested
exemption would permit Luminant to fully suspend work on the CCNPP COLA
FSAR for more than 1 year. Due to the suspension of review work, this
exemption will not affect the NRC staff's review, and therefore does
not affect the underlying purpose of 10 CFR 50.71(e)(3)(iii). Because
the application of 10 CFR 50.71(e)(3)(iii) in the particular
circumstances is not necessary to achieve the underlying purpose of
that rule; granting a one-time
[[Page 16064]]
exemption from 10 CFR 50.71(e)(3)(iii) would provide relief during the
suspension of review work. Since Luminant has made good faith efforts
to comply with the regulation, the special circumstances required by 10
CFR 50.12 (a)(2) 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
Luminant and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting FSAR
updates to the NRC.
4.0 Conclusion
Accordingly, the NRC has determined that, pursuant to 10 CFR
50.12(a), a one-time exemption is authorized by law and 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 NRC hereby grants Luminant a
one-time exemption from the requirements of 10 CFR 50.71(e)(3)(iii)
pertaining to the CPNPP, Units 3 and 4, COLA to allow the submittal of
the FSAR update scheduled for November 2014, on or before November 30,
2015 and to submit the subsequent FSAR annual update in November 2016.
Pursuant to 10 CFR 51.22, the Commission NRC 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 13th day of March 2014.
For the Nuclear Regulatory Commission.
Samuel Lee,
Chief, Licensing Branch 2, Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. 2014-06354 Filed 3-21-14; 8:45 am]
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