[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Pages 54303-54305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21700]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-016; NRC-2008-0250]


UniStar Nuclear Energy; Combined License Application for Calvert 
Cliffs Power Plant, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption in a response to a November 19, 2013, request from UniStar 
Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear Project, LLC 
and UniStar Nuclear Operating Services, LLC which requested an 
exemption from Final Safety Analysis Report (FSAR) updates included in 
their Combined License (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, 
or coincident with, the resumption of the COL application review or by 
December 31, 2014, whichever comes first.

ADDRESSES: Please refer to NRC-2008-0250 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-2008-0250. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection 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].
     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: Surinder Arora, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1421 or email: [email protected].

1.0 Background

    UniStar Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear 
Project, LLC and UniStar Nuclear Operating Services, LLC, submitted to 
the NRC a COL application for a single unit of AREVA NP's U.S. EPR in 
accordance with the requirements of Subpart C of Part 52 of Title 10 of 
the Code of Federal Regulations (10 CFR), ``Licenses, Certifications, 
and Approvals for Nuclear Power Plants.'' This reactor is to be 
identified as Calvert Cliffs Nuclear Power Plant, Unit 3 (CCNPP Unit 
3), and is to be located in Calvert County, Maryland. The NRC docketed 
Part 2, ``Final Safety Analysis Report (FSAR)'' of the CCNPP Unit 3 COL 
application on June 3, 2008. The CCNPP Unit 3 COL application 
incorporates by reference AREVA NP's application for a standard design 
certification for the U.S. EPR. The NRC is currently performing 
concurrent reviews of the CCNPP Unit 3 COL application, as well as 
AREVA NP's application for design certification of the U.S. EPR. UNE 
previously requested an exemption on November 2, 2012, pursuant to 10 
CFR 50.71(e)(iii) to submit the scheduled 2012 FSAR update, and 
proposed, for approval, a new submittal deadline of March 29, 2013. The 
NRC granted the exemption as described in Federal Register notice 
published on January 8, 2013 (79 FR 4467).

2.0 Request/Action

    The regulations specified in 10 CFR 50.71(e)(3)(iii) require that 
an applicant for a COL under 10 CFR Part 52 shall, during the period 
from docketing of a COL application until the Commission makes a 
finding under 10 CFR 52.103(g) pertaining to facility operation, submit 
an annual update to the application's FSAR, which is a Part 2 of the 
COL application.

[[Page 54304]]

    On April 9, 2013, UNE submitted Revision 9 to the COL application, 
including updates to the FSAR. Revision 9 was provided to satisfy the 
applicant's requested exemption of November 2, 2012, pursuant to 10 CFR 
50.71(e)(3)(iii), and the next annual update was due by the end of 
December 2013.
    On November 19, 2013, UNE requested a one-time exemption from the 
10 CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2013 
update, and proposed for approval a new submittal deadline in calendar 
year 2014 (within 90 days of the submittal date of the U.S. EPR FSAR, 
Revision 6, but not later than December 31, 2014) for the next FSAR 
update. The U.S. EPR FSAR Revision 6 has been submitted. However, the 
request is being reviewed for acceptance of the later date (i.e., the 
end of 2014).
    The requested exemption is a one-time schedule change from the 
requirements of 10CFR 50.71(e)(3)(iii). The exemption would allow UNE 
to submit the next FSAR update at a later date. The current FSAR update 
schedule could not be changed, absent the exemption. UNE requested the 
exemption by letter dated November 19, 2013 (ADAMS Accession No. 
ML13324B041). UNE submitted a supplement to its November 19, 2013, 
letter that revised the schedule for submission of the next updated 
CCNPP Unit 3 FSAR by letter dated March 21, 2014 (ADAMS Accession No. 
ML14086A326). Documents related to this action, including the 
application for amendment and supporting documentation, are available 
online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access ADAMS, which 
provides text and image files of NRC's public documents. The ADAMS 
accession numbers for the documents related to this notice are 
ML14141A472 and ML14142A349.

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)); 
or (2) The 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 requested one-time schedule exemption to defer submittal of the 
next update to the CCNPP Unit 3 COL application FSAR would provide only 
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii).

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 UNE 
to submit the next CCNPP Unit 3 COL application FSAR update in calendar 
year 2014 (within 90 days of the submittal date of the U.S. EPR FSAR, 
Revision 6, but in no case later than December 31, 2014). Per 10 CFR 
50.12, the NRC staff has determined that granting UNE 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. 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 UNE to submit the next FSAR 
update in calendar year 2014 (within 90 days of the submittal date of 
the U.S. EPR FSAR, Revision 6, but, in no case later than December 31, 
2014). 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)); or (2) ``The 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 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. 
As discussed above, the requested one-time exemption is solely 
administrative in nature, in that it pertains to a one-time schedule 
change for submittal of revisions to an application under 10 CFR Part 
52, for which a license has not been granted. The requested one-time 
exemption will permit UNE time to carefully review the most recent 
revisions of the U.S. EPR FSAR, and fully incorporate these revisions 
into a comprehensive update of the FSAR associated with the CCNPP Unit 
3 COL application. This one-time exemption will support the NRC staff's 
effective and efficient review of the COL application when resumed, as 
well as issuance of the safety evaluation report. For this reason, 
application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances 
is not necessary to achieve the underlying purpose of that rule. 
Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). In 
addition, special circumstances are also present under 10 CFR 
50.12(a)(2)(v) because granting a one-time exemption from 10 CFR 
50.71(e)(3)(iii) would provide only temporary relief, and UNE has made 
good faith efforts to comply with the regulation by submitting Revision 
9 to the COL application on April 9, 2013. This COL application 
revision incorporated changes resulting from Revision 4 of the U.S. EPR 
FSAR and COLA changes resulting from UNE's responses to the NRC 
requests for additional information submitted through December 2012. 
For the above reasons, the special circumstances required by 10 CFR 
50.12(a)(2) for the

[[Page 54305]]

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). Under 10 CFR 51.22(c)(25), granting of an exemption from 
the requirements of any regulation of 10 CFR Chapter 1 [which includes 
10 CFR 50.71(e)(3)(iii)] is an action that is a categorical exclusion, 
provided that:
    (i) There is no significant hazards consideration;
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    (iv) There is no significant construction impact;
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents; and
    (vi) The requirements from which an exemption is sought involve:
    (A) Recordkeeping requirements;
    (B) Reporting requirements;
    (C) Inspection or surveillance requirements;
    (D) Equipment servicing or maintenance scheduling requirements;
    (E) Education, training, experience, qualification, requalification 
or other employment suitability requirements;
    (F) Safeguard plans, and materials control and accounting inventory 
scheduling requirements;
    (G) Scheduling requirements;
    (H) Surety, insurance or indemnity requirements; or
    (I) Other requirements of an administrative, managerial, or 
organizational nature.
    The requirements from which this exemption is sought involve only 
(B) Reporting requirements; or (G) Scheduling requirements of those 
required by 10 CFR 51.22(c)(25)(vi).
    The NRC staff's determination that each of the applicable criteria 
for this categorical exclusion is met as follows:
    I. 10 CFR 51.22(c)(25)(i) There is no significant hazards 
consideration.
    Staff Analysis: The criteria for determining if an exemption 
involves a 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 is currently underway. Therefore, there are no significant 
hazard 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. 10 CFR 51.22(c)(25)(ii) There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    Staff Analysis: The proposed action involves only a schedule 
change, which is administrative in nature, and does not involve any 
changes in the types or significant increase in the amounts of 
effluents that may be released offsite.
    III. 10 CFR 51.22(c)(25)(iii) There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    Staff Analysis: 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. 10 CFR 51.22(c)(25)(iv) There is no significant construction 
impact.
    Staff Analysis: The proposed action involves only a schedule change 
which is administrative in nature. The application review is underway 
and no license will be issued prior to receipt of the aforementioned 
application's December 31, 2014, submittal of the revised FSAR; 
therefore, the proposed action does not involve any construction 
impact.
    V. 10 CFR 51.22(c)(25)(v) There is no significant increase in the 
potential for or consequences from radiological accidents.
    Staff Analysis: The proposed action involves only a schedule change 
which is administrative in nature and does not impact the probability 
or consequences of accidents.
    VI. 10 CFR 51.22(c)(25)(vi) The requirements from which this 
exemption is sought involve only (B) Reporting requirements, or (G) 
Scheduling requirements.
    Staff Analysis: The exemption request involves requirements in both 
of these categories because it involves submitting an updated COL FSAR 
by December 31, 2014 and also relates to the schedule for submitting 
COL FSAR updates to the NRC.

4.0 Conclusion

    The NRC has determined that, pursuant to 10 CFR 50.12, 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 exist under 10 CFR 
50.12(a)(2)(ii). The requested one-time exemption will permit UNE time 
to carefully review the most recent revisions of the U.S. EPR FSAR, and 
fully incorporate these revisions into a comprehensive update of the 
FSAR associated with the CCNPP Unit 3 COL application. This one-time 
exemption will support the NRC staff's effective and efficient review 
of the COL application when resumed, as well as issuance of the safety 
evaluation report. Therefore, the NRC hereby grants UNE a one-time 
exemption from the requirements of 10 CFR 50.71(e)(3)(iii) pertaining 
to the CCNPP Unit 3 COL application to allow submittal of the next FSAR 
update in calendar year 2014 (within 90 days of the submittal date of 
the U.S. EPR FSAR, Revision 6, but in no case later than December 31, 
2014).
    Pursuant to 10 CFR 51.22, the 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 impact on the human environment.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 27th day of August, 2014.

    For the Nuclear Regulatory Commission.
Anna Bradford,
Acting Chief, Licensing Branch1, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2014-21700 Filed 9-10-14; 8:45 am]
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