[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66745-66747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26645]


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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 the implementation of 
enhancements to Emergency Preparedness (EP) rules 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 COL application addressing the 
implementation of enhancements to EP rules 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-vailable 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: Prosanta Chowdhury, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1647 or 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, Subpart 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 (ADAMS 
Accession No. ML091750665). By letter to the NRC dated October 26, 
2010, Ameren requested a one-time exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR 
update, and proposed for approval of a new submittal deadline of 
December 31, 2012, for the next FSAR update. The NRC granted the 
exemption as described in the Federal Register notice published on 
January 21, 2011 (76 FR 3927). Prior to expiration of the exemption, 
while the COL application remained suspended, Ameren, on October 15, 
2012, requested a second one-time exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR 
update, 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 the Federal Register notice published on 
December 28, 2012 (77 FR 76539). 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. On October 3, 
2013 (ADAMS Accession No. ML13282A311), Ameren requested an exemption 
from the requirements of 10 CFR Part 50, Appendix E, Section I.5, as 
referenced by 10 CFR 52.79(a)(21), to submit an update by December 31, 
2013, to the COL application, addressing the enhancements to Emergency 
Preparedness (EP) rules. The NRC granted the exemption as described in 
the Federal Register notice published on November 27, 2013 (78 FR 
70967). On August 7, 2014 (ADAMS Accession

[[Page 66746]]

No. ML14234A253), Ameren requested a second exemption from the 
requirements of 10 CFR Part 50, Appendix E, Section I.5, as referenced 
by 10 CFR 52.79(a)(21), to submit an update by December 31, 2016, to 
the COL application, addressing the enhancements to EP rules.

II. Request/Action

    In 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 on November 23, 
2011 (76 FR 72560). 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.
    Since Ameren 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. Similar to an earlier exemption 
request it submitted, as described above, by letter dated August 7, 
2014, Ameren requested another exemption from the requirements of 10 
CFR Part 50, Appendix E, Section I.5, to submit the required COL 
application revision to comply with the new EP rules (ADAMS Accession 
No. ML14234A253). The requested exemption would allow Ameren to revise 
its COL application, and comply with the new EP rules on or before 
December 31, 2016, rather than the December, 31, 2013, date required by 
10 CFR Part 50, Appendix E, Section I.5. The current requirement to 
comply with the new EP rules could not be changed, absent the 
exemption.

II. 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 Part 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 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)).

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, 
as requested, would allow Ameren to revise its COL application, and 
comply with the new EP rules on or before December 31, 2016, in lieu of 
December 31, 2014, the date granted by the NRC in response to Ameren's 
request of October 3, 2013, for an exemption from the initial December 
31, 2013, requirement per 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 Ameren the requested one-time exemption from the requirements 
of 10 CFR Part 50, Appendix E, Section I.5 will provide only temporary 
relief from this regulation under the above cited special 
circumstances, and will not result in a violation of the Atomic Energy 
Act of 1954, as amended, or NRC's regulations. Therefore, the exemption 
is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purposes of the enhancements to EP found in 10 CFR 
Part 50, Appendix E, Section I.5, is to amend certain EP requirements, 
which are aimed at enhancing 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 Emergency Plan 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 exemption would allow Ameren to submit the revised COL 
application 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.

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 purpose of 10 CFR Part 50, 
Appendix E, Section I.5 was to ensure that applicants and new COL 
holders updated their COL application or Combined License to allow the 
NRC to review them efficiently and effectively, and to bring the 
applicants or licensees into compliance prior to their potential 
approval and receipt of license, or for licensees, prior to operating 
the facility. The targets of Section I.5 of the rule were those 
applications that were in the process of being actively reviewed by the 
NRC staff when the rule came into effect on November 23, 2011. Since 
Ameren requested the NRC to suspend its review of the Callaway, Unit 2, 
COL application, compelling Ameren to revise its COL application in 
order to meet the December 31, 2014, compliance deadline per the 
exemption granted on November 27, 2013 (78 FR 70965), would only bring 
on unnecessary burden and hardship for the applicant to meet the 
compliance date. Because Ameren must update its application to comply 
with the enhancements to the EP rules prior to the NRC approving its 
COL application, the underlying purpose of the rule is still achieved 
if the applicant is required to comply by updating the relevant EP 
information in its application on or before the earlier date of either 
a request to restart review or December 31, 2015. For this reason, the 
application of 10 CFR Part 50, Appendix E, Section I.5, for the 
suspended Callaway, Unit 2, COL application is deemed unnecessary, and 
therefore, special circumstances are present.

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 Part 50, Appendix E, Section I.5) is an action that is a 
categorical exclusion, provided that:

[[Page 66747]]

    (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 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 
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 COL 
application, and also relates to the schedule for submitting COL 
application updates to the NRC.

III. 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 as described in 10 
CFR 50.12(a)(2)(ii) are present. Therefore, the Commission hereby 
grants Ameren a one-time exemption from the requirements of 10 CFR Part 
50, Appendix E, Section I.5 pertaining to the Callaway, Unit 2, COL 
application to allow submittal of the revised COL application that 
complies with the new EP rules 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 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 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. 2014-26645 Filed 11-7-14; 8:45 am]
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