[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71793-71795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28458]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-022 and 52-023; NRC-2013-0261]
Duke Energy Progress Inc; Combined License Applications for
Shearon Harris Nuclear Plant Units 1 and 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 response to an August 1, 2014, letter from Duke Energy
Progress (DEP). On May 2, 2013, DEP requested that the NRC suspend
review of its combined license (COL) application until further notice.
On August 1, 2014, DEP requested an exemption from certain regulatory
requirements which, if granted, would allow them to revise their COL
application in order to address enhancements to the Emergency
Preparedness (EP) rules by December 31, 2015, 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 to the EP update requirements until December 31, 2015, but
stipulated that the updates to the Final Safety Analysis Report (FSAR)
must be submitted prior to requesting the NRC resume its review of the
COL application, or by December 31, 2015, whichever comes first.
DATES: The exemption is effective on December 3, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0261 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0261. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual(s) 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]. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a 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: Brian Hughes, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-6582; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 18, 2008 (ADAMS Accession No. ML080580078), DEP
submitted to the NRC a COL application for two units of Westinghouse
Electric Company's AP1000 advanced pressurized water reactors to be
constructed and operated at the existing Shearon Harris Nuclear Plant
(Harris) site (Docket Numbers 52-22 and 52-23). The NRC docketed the
Harris Units 2 and 3 COL application on April 23, 2008. On May 2, 2013
(ADAMS Accession No. ML13123A344), DEP requested that the NRC suspend
review of the Harris Units 2 and 3 COL application. The NRC granted
DEP's request for suspension and all review activities related to the
Harris Units 2 and 3 COL application were suspended while the
application remained docketed. On July 29, 2013 (ADAMS Accession No.
ML13212A361), DEP requested an exemption from the requirements in Part
50 Appendix E Section I.5 of Title 10 of the Code of Federal
Regulations (10 CFR), as referenced by 10 CFR 52.79(a)(21), to
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submit an update to the COL application, addressing the enhancements to
the EP rules by December 31, 2013, which the NRC granted through
December 31, 2014. On August 1, 2014, DEP requested another exemption
to December 31, 2015, 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 to the COL application, addressing the enhancements to the EP
rules by December 31, 2013.
II. Request/Action
Appendix E of 10 CFR part 50 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 DEP 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 1,
2014 (ADAMS Accession No. ML14216A432), DEP 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. The requested exemption would allow DEP to revise its COL
application, and comply with the new EP rules on or before December 31,
2015, rather than the initial December 31, 2013, date required by 10
CFR part 50, Appendix E, Section I.5. The current requirement to comply
with the new EP rule by December 31, 2013, could not be changed, absent
the exemption.
III. Discussion
Pursuant to 10 CFR 50.12(a), 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: ``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)).
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 DEP to revise its COL application, and comply with the new
EP rules on or before December 31, 2015, in lieu of the initial
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 DEP 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 NRC
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 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 requested exemption would allow DEP 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: (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)(ii); or (2) The exemption would only provide temporary
relief from the applicable regulation or the applicant has made good
faith efforts to comply with the regulation (10 CFR 50.12(a)(2)(v)).
The purpose of 10 CFR part 50, Appendix E, Section I.5 is to ensure
that applicants and new COL holders updated their COL applications or
COLs 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 went into effect on
November 23, 2011. Since the Harris Units 2 and 3 COL application is
now suspended compelling DEP to revise its COL application in order to
meet the compliance deadline would result in unnecessary burden and
hardship for the applicant to meet the compliance date. If the NRC were
to grant this exemption, and DEP were then required to update its
application to comply with the EP rule enhancements by December 31,
2015, or prior to any request to restart their review, the purpose of
the rule would still be achieved. For this reason, the application of
10 CFR part 50, Appendix E, Section I.5, for the suspended Harris 2 and
3 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) and justified by the NRC staff as follows:
(c) The following categories of actions are categorical exclusions:
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
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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 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 DEP and
(G) Scheduling requirements;
The proposed exemption relates to the schedule for submitting a COL
application update to the NRC.
IV. 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 DEP a one-time exemption from
the requirements of 10 CFR part 50, Appendix E, Section I.5 pertaining
to the Harris Units 2 and 3 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, 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 25 day of November 2014.
For The Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2014-28458 Filed 12-2-14; 8:45 am]
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