[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74775-74777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29124]
[[Page 74775]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-036; NRC-2008-0616]
Entergy Operations, Inc.; Combined License Application for River
Bend Station 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 response to a July 18, 2014, request from Entergy
Operations, Inc. (EOI) which requested an exemption from addressing
enhancements to the 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 revised application must be submitted the earlier of either
the NRC's resumption of EOI's application review or by December 31,
2015.
DATES: December 16, 2014.
ADDRESSES: Please refer to Docket ID NRC-2008-0616 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-2008-0616. 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 access publicly available documents online in the NRC
Library 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 the 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: Lynnea Wilkins, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1377; email: [email protected].
SUPPLEMENTARY INFORMATION: The following sections include the text of
the exemption in its entirety as issued to EOI.
I. Background
The NRC accepted for docketing the River Bend Station Unit 3 (RBS3)
COL application on December 4, 2008 (ADAMS Accession No. ML083370275,
Docket No. 52-036). On January 9, 2009, EOI requested that the NRC
temporarily suspend review of the application and the NRC granted EOI's
request (ADAMS Accession No. ML090080277) while the application
remained docketed. On September 30, 2013, EOI requested an exemption
from the requirements of 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 submit an update by December 31, 2014. The exemption
was granted by the NRC on December 4, 2013 (ADAMS Accession Nos.
ML13297A247 and ML13297A248). On July 18, 2014 (ADAMS Accession No.
ML14202A337), EOI requested another exemption from the requirements of
10 CFR part 50, Appendix E, Section I.5.
II. Request/Action
Section I.5 of 10 CFR part 50, Appendix E, 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). Section I.5 of 10 CFR part
50, Appendix E, gives those COL applicants close to receiving their COL
the option to defer addressing the changes to the EP rules; however, a
license amendment request must be submitted no later than December 31,
2013. 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.
Because EOI 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. By letter dated January 9, 2009, EOI
requested that the NRC suspend review of the RBS3 COL application. The
NRC granted EOI's request for suspension of all review activities while
the application remained docketed (ADAMS Accession No. ML090080277). On
September 30, 2013, EOI requested an exemption from the requirements of
Section I.5 of 10 CFR part 50, Appendix E, to submit an update by
December 31, 2014. The exemption was granted by the NRC on December 4,
2013 (ADAMS Accession Nos. ML13297A247 and ML13297A248). The exemption
is set to expire December 31, 2014. In a letter dated, July 18, 2014
(ADAMS Accession No. ML14202A337), EOI requested an exemption from the
requirements of 10 CFR part 50, Appendix E, Section I.5 the earlier of
either the time that EOI requests reactivation of the RBS3 COL
application review or on December 31, 2015. With either the
reactivation or on December 31, 2015, EOI commits to submit an upgrade
of the RBS3 COL application addressing the enhancements to Emergency
Preparedness Regulations.
EOI requested an exemption from the requirements of 10 CFR part 50,
Appendix E, Section I.5 to December 31, 2015 or coincident with
resuming the review of the RBS3 COL application, whichever occurs
first. The exemption would allow EOI to comply with the new EP rule at
a later date, but still in advance of NRC's reinstating its review of
the application and in any event, by December 31, 2015. The current
schedule 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, 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)).
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 COL approval and receipt of license, or operate the
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facility. The target of Section I.5 of the EP 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. Because
EOI requested the NRC to suspend its review of the RBS3 COL
application, compelling EOI to revise its COL application in order to
meet the December 31, 2013 compliance deadline would only bring on
unnecessary burden and hardship for the applicant to meet the
compliance date. So long as it is recognized that the COL application
must be updated to comply with the enhancements to the EP rules, prior
to the NRC approving EOI's COL application, it makes no difference if
they revise the COL application now, the earlier of EOI's request to
restart the review or December 31, 2015. For this reason the
application of Appendix E, Section I.5 can be deemed unnecessary, and
therefore special circumstances are present.
Authorized by Law
The exemption is a schedule exemption from the requirements of 10
CFR part 50, Appendix E, Section I.5. The exemption would allow EOI to
revise its COL application and comply with the new EP rules on December
31, 2015, in lieu of 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 EOI the requested exemption
from the requirements of 10 CFR part 50, Appendix E, Section I.5 will
be only temporary, 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 purposes of the enhancements to Emergency
Preparedness found in 10 CFR part 50, Appendix E are to amend certain
EP requirements that 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 requested exemption would allow EOI to submit the revised COL
application the earlier of a requested restart of the NRC COL
application review or on 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), are
present whenever ``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)). The underlying purpose of 10 CFR part 50, Appendix E,
Section I.5 is to ensure that applicants are in compliance with the new
EP rules in a time that allows the NRC to effectively review their COL
application prior to issuance of the license. Because the requirement
to comply with the new EP rules was intended for active reviews and the
RBS3 COL application review is now suspended, the application of this
regulation in this particular circumstance is unnecessary in order to
achieve its underlying purpose. If the NRC were to grant this exemption
EOI would then be required to comply by the earlier of a restart or the
review or December 31, 2015 and the purpose of the rule would still be
achieved. Therefore, the special circumstances required by 10 CFR
50.12(a)(2)(ii) for the granting of an exemption from 10 CFR part 50,
Appendix E, Section I.5 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 discussed below.
10 CFR 51.22(c)(25)(i): The criteria for determining whether there
is no significant hazards consideration are found in 10 CFR
50.92(c)(1)-(3). 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. There are no significant hazards
considerations because granting the proposed exemption would not
involve a significant increase in the probability or consequences of an
accident previously evaluated, create the possibility of a new or
different kind of accident from any accident previously evaluated, or
involve a significant reduction in a margin of safety.
10 CFR 51.22(c)(25)(ii): 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.
10 CFR 51.22(c)(25)(iii): 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.
10 CFR 51.22(c)(25)(iv): The proposed action involves only a
schedule change which is administrative in nature; the COL 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.
10 CFR 51.22(c)(25)(v): The proposed action involves only a
schedule change which is administrative in nature, and does not impact
the probability or consequences of radiological accidents.
10 CFR 51.22(c)(25)(vi)(B) and (G): The exemption request involves
submitting an updated COL application by EOI and 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)(1) and (2), 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 EOI
the exemption from the requirements of 10 CFR part 50, Appendix E,
Section I.5 pertaining to the River Bend Station Unit 3 COL application
to allow submittal of the revised COL application that complies with
the new EP rules the earlier of any request to the NRC to resume the
review or by December 31, 2015.
[[Page 74777]]
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 3rd day of December 2014.
For The Nuclear Regulatory Commission.
Ronaldo Jenkins,
Branch Chief, Licensing Branch 3, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2014-29124 Filed 12-15-14; 8:45 am]
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