[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66747-66750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26644]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-037; NRC-2008-0556]
Ameren Missouri; Combined License Application for Callaway Plant,
Unit 2
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 an August 7, 2014, letter from Ameren
Missouri, 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, 2015,
whichever comes first.
DATES: The exemption is effective on November 10, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0556 when contacting the
NRC about the availability of information regarding this document. You
may obtain 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-2008-0556. 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
[[Page 66748]]
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 PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Prosanta Chowdhury, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1647; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 24, 2008, Union Electric Company, doing business as Ameren
UE, submitted to the NRC a COL Application for a single unit of AREVA
NP's U.S. Evolutionary Power Reactor (U.S. EPR) (ADAMS Accession No.
ML082140630) in accordance with the requirements in part 52, Section C
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 Callaway Plant (Callaway), Unit 2, and located
at the current Callaway County, Missouri site of the Callaway Power
Plant. The Callaway, Unit 2, COL application is based upon and linked
to the U.S. EPR reference COL (RCOL) application for UniStar's Calvert
Cliffs Nuclear Power Plant, Unit 3 (CCNPP3). The NRC docketed the
Callaway, Unit 2, COL application on December 12, 2008. On February 25,
2009, Ameren submitted Revision 1 to the COL application, including
updates to the Final Safety Analysis Report (FSAR) (ADAMS Accession No.
ML090710444). In its letter to the NRC dated April 28, 2009, Ameren
informed the NRC that it was suspending its efforts to build a nuclear
power plant in Missouri (ADAMS Accession No. ML091210159).
Subsequently, by letter dated June 23, 2009, Ameren requested the NRC
to suspend all review activities relating to the Callaway, Unit 2, COL
application (ADAMS Accession No. ML091750988). The NRC informed Ameren
by letter dated June 29, 2009, that it had suspended all review
activities relating to the Callaway, Unit 2, COL application. By letter
to the NRC dated October 15, 2012, Ameren requested a one-time
exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the
scheduled 2012 and 2013 COL application FSAR updates, and proposed for
approval of a new submittal deadline of December 31, 2014, for the next
FSAR update. The NRC granted the exemption as described in Federal
Register Notice (FRN) 77 FR 76539 (December 28, 2012). The NRC is
currently performing a detailed review of the CCNPP3 RCOL application,
as well as AREVA NP's application for design certification of the U.S.
EPR.
II. 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 of the
application.
Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update of the
Callaway, Unit 2, COL application FSAR would be due on or before
December 31, 2014. By letter to the NRC dated August 7, 2014, Ameren
requested a one-time exemption from the 10 CFR 50.71(e)(3)(iii)
requirements to submit the scheduled 2014 COL application FSAR update,
and proposed for approval of a new submittal deadline of December 31,
2016, for the next FSAR update (ADAMS Accession Number ML14234A253).
Ameren's requested exemption is a one-time schedule change from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as requested,
would allow Ameren to submit the next FSAR update at a later date, but
still in advance of NRC's reinstating its review of the application and
in any event, by December 31, 2016. The current FSAR update schedule
could not be changed, absent the exemption. Ameren requested the
exemption by letter dated August 7, 2014.
III. 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 review of the Callaway, Unit 2, COL application FSAR has been
suspended since June 29, 2009. Since the COL application FSAR is
directly linked to the CCNPP3 RCOL application, many changes in the
RCOL application require an associated change to the COL application
FSAR and, because the NRC review of the COL application is suspended,
the updates to the FSAR will not be reviewed by the NRC staff until the
Callaway, Unit 2, COL application review is resumed. Thus, the optimum
time to prepare a revision to the COL application FSAR is sometime
prior to Ameren requesting the NRC to resume its review. To prepare and
submit a COL application FSAR update when the review remains suspended
and in the absence of any decision by Ameren to request the NRC to
resume the review would require Ameren to spend significant time and
effort and would be of no value, particularly due to the fact that the
RCOL application and the U.S. EPR FSAR are still undergoing periodic
revisions and updates. Furthermore, the adjudicatory proceedings
related to the Callaway, Unit 2, COL application were terminated by the
Atomic Safety and Licensing Board (ASLB) after agreements were made
between Ameren, the NRC, and the petitioners for intervention, as
documented in ``Amerenue (Callaway Plant, Unit 2), LBP-09-23 (2009)''
(ADAMS Accession No. ML092400189). Ameren commits to submit the next
FSAR update prior to any request to the NRC to resume review of the COL
application and, in any event, by December 31, 2016. Ameren would need
to identify all committed changes to the RCOL application since the
last revisions to the RCOL application and the U.S. EPR FSAR in order
to prepare a COL application FSAR revision that accurately and
completely reflects the committed changes to the RCOL application as
well as the U.S. EPR FSAR.
The requested one-time exemption to defer submittal of the next
update to the Callaway, Unit 2, COL application FSAR would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii).
Ameren has made good faith efforts to comply with 10 CFR
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50.71(e)(3)(iii) by submitting Revision 1 to the COL application dated
February 25, 2009, prior to requesting the review suspension. Revision
1 incorporated information provided in prior supplements and
standardized language with the RCOL application.
Authorized by Law
The exemption is a one-time schedule exemption from the
requirements of 10 CFR 50.71(e)(3)(iii). The exemption, as requested,
would allow Ameren to submit the next Callaway Unit 2 COL application
FSAR update on or before December 31, 2016, in lieu of the required
scheduled submittal on or before December 31, 2014. As stated above, 10
CFR 50.12 allows the NRC to grant exemptions. The NRC staff has
determined that granting Ameren a one-time exemption from the
requirements of 10 CFR 50.71(e)(3)(iii) with updates to the FSAR to be
submitted on or before December 31, 2015, 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 NRC 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. In addition, since the review of the application has been
suspended, any update to the application submitted by Ameren will not
be reviewed by the NRC at this time. 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 exemption would allow Ameren to submit the next FSAR update
prior to requesting the NRC to resume the review and, in any event, on
or before December 31, 2015. 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 Ameren time to carefully review the most recent
revisions of the RCOL application and the U.S. EPR FSAR, and fully
incorporate these revisions into a comprehensive update of the FSAR
associated with the Callaway, Unit 2, 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, and therefore does not affect the underlying purpose
of 10 CFR 50.71(e)(3)(iii). Under the circumstances that Ameren has
suspended its pursuit of the COL, the NRC has suspended its review of
the application, and the adjudicatory proceedings have been terminated
by ASLB, application of 10 CFR 50.71(e)(3)(iii) would result in Ameren
spending significant time and effort in incorporating changes made to
the RCOL application as well as the U.S. EPR FSAR into the Callaway,
Unit 2, COL application, but would not achieve the underlying purpose
of that rule. Granting a one-time exemption from 10 CFR
50.71(e)(3)(iii) would provide only temporary relief. Ameren has made
good faith efforts to comply with the regulation. Therefore, 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). 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 has been suspended. Therefore, there is no significant hazard
consideration because granting the proposed exemption would not:
[[Page 66750]]
(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
suspended until further notice, and there is no consideration of any
construction at this time; 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 FSAR by
Ameren, and also relates to the schedule for submitting FSAR updates to
the NRC.
IV. 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 as described in 10 CFR
50.12(a)(2)(ii) and (v) are present. Therefore, the NRC hereby grants
Ameren a one-time exemption from the requirements of 10 CFR
50.71(e)(3)(iii) pertaining to the Callaway, Unit 2, COL application to
allow submittal of the next FSAR update prior to any request to the NRC
to resume the review, and in any event, no later than December 31,
2015.
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 effect on the quality of the human environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 31st day of October 2014.
For the Nuclear Regulatory Commission.
Mark Delligatti,
Deputy Director, Division of New Reactor Licensing, Office of New
Reactors.
[FR Doc. 2014-26644 Filed 11-7-14; 8:45 am]
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