[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78500-78502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30585]
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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 Exemption
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 October 16, 2014, letter from Entergy
Operations, Inc. (EOI) which requested an exemption to suspend
maintaining the Departures Report and the design control document (DCD)
Update Report until December 31, 2015, or coincident with resuming the
review of the for River Bend Station Unit 3 (RBS3) Combined License
(COL) application, whichever comes first. The NRC staff reviewed this
request and determined that it is appropriate to grant the exemption.
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
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 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.
[[Page 78501]]
FOR FURTHER INFORMATION CONTACT: Lynnea Wilkins, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-5136; 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 October 16, 2014, (ADAMS Accession No.
ML14289A521), EOI requested an exemption from the requirements of 10
CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b until
December 31, 2015, or coincident with resuming the review of the for
RBS3 COL application, whichever comes first.
II. Request/Action
10 CFR part 52, Appendix E, Paragraph X.A.1 requires that the
applicant for this appendix shall maintain a copy of the generic DCD
[design control document] that includes all generic changes it makes to
Tier 1 and Tier 2, and the generic TS and other operational
requirements. The applicant shall maintain sensitive unclassified non-
safeguards information (including proprietary information and security-
related information) and safeguards information referenced in the
generic DCD for the period that this appendix may be referenced, as
specified in Section VII of this appendix.
10 CFR part 52, Appendix E, Paragraph X.A.2 requires that an
applicant or licensee who references this appendix shall maintain the
plant-specific DCD to accurately reflect both generic changes to the
generic DCD and plant-specific departures made under Section VIII of
this appendix throughout the period of application and for the term of
the license (including any period of renewal).
10 CFR part 52, Appendix E, Paragraph X.B.3.b requires that during
the interval from the date of application for a license to the date the
Commissions makes its findings required by 10 CFR 52.103(g), the
[Departures] report must be submitted semiannually. Updates to the
plant-specific DCD must be submitted annually and may be submitted
along with amendments to the application.
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. In a letter dated, October 16, 2014, EOI requested an
exemption from the requirements of 10 CFR part 52, Appendix E,
Paragraphs X.A.1, X.A.2, and X.B.3.b until December 31, 2015 or
coincident with resuming the review of the for RBS3 COL application,
whichever comes first.
EOI's requested exemption is seen as a schedule change from the
requirements of 10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b. The exemption would allow EOI to suspend maintaining the
Departures Report and the DCD Update Report and forego submitting these
reports until December 31, 2015, or coincident with resuming the review
of the RBS3 COL application, whichever comes first.
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 52, Appendix
E, Paragraphs X.A.1, X.A.2, and X.B.3.b, 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)); ``compliance
would result in undue hardship or other costs that are significantly in
excess of those contemplated when the regulation was adopted, or that
are significantly in excess of those incurred by others similarly
situated'' (10 CFR 50.12(a)(2)(iii)) or; ``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 purposes of 10 CFR part 52, Appendix E, Paragraphs X.A.1,
X.A.2, and X.B.3.b are to maintain reports pertaining to the ESBWR and
plant-specific DCDs associated with a COL application current and to
provide timely, current, comprehensive reports and updates in order to
support an effective and efficient review by NRC staff and issuance of
the staff's safety evaluation report.
Because EOI requested the NRC to suspend its review of the RBS3 COL
application, the Departures Report and DCD Update, if provided, would
not be reviewed by the NRC. Therefore, compelling EOI to provide
Departures Report and DCD Update would result in an unnecessary burden
and hardship for the applicant. For this reason the application of 10
CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b can be
deemed unnecessary and therefore, special circumstances are present.
Authorized by Law
The exemption is a temporary exemption from the requirements of 10
CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b. The
exemption would allow EOI to suspend maintaining the Departures Report
and the DCD Update Report and forego submitting these reports until
December 31, 2015, or coincident with resuming the review of the RBS3
COL application, whichever comes first. As stated above, 10 CFR 50.12
allows the NRC to grant exemptions from the requirements of 10 CFR part
52. The NRC staff has determined that granting EOI the requested
exemption from the requirements of 10 CFR part 50, Appendix E,
Paragraphs X.A.1, X.A.2, and X.B.3.b 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 10 CFR part 52, Appendix E, Paragraphs
X.A.1, X.A.2, and X.B.3.b are to maintain reports pertaining to the
ESBWR and plant-specific DCDs associated with a COL application current
and to provide timely, current, comprehensive reports and updates in
order to support an effective and efficient review by NRC staff and
issuance of the staff's safety evaluation report. The requested
exemption is administrative in nature in that it pertains to activities
for which a license has not been granted; hence, there are no safety
implications. Specifically, there are no new health or safety issues
created and no increase in the probability of postulated accidents or
their consequences associated with this exemption request. Therefore,
there is no undue risk to public health and safety.
[[Page 78502]]
Consistent With Common Defense and Security
The exemption would allow EOI to suspend maintaining the Departures
Report and the DCD Update Report and forego submitting these reports
until December 31, 2015, or coincident with resuming the review of the
RBS3 COL application, whichever comes first. 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)); compliance would result in undue hardship or other
costs that are significantly in excess of those contemplated when the
regulation was adopted, or that are significantly in excess of those
incurred by others similarly situated (10 CFR 50.12(a)(2)(iii)) or;
``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
purposes of 10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2, and
X.B.3.b are to maintain reports pertaining to the ESBWR and plant-
specific DCDs associated with a COL application current and to provide
timely, current, comprehensive reports and updates in order to support
an effective and efficient review by NRC staff and issuance of the
staff's safety evaluation report.
Because the requirement to maintain reports pertaining to the ESBWR
and plant-specific DCDs associated with a COL application 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. Additionally,
because EOI requested the NRC to suspend its review of the GGNS COL
application, the Departures Report and DCD Update, if provided, would
not be reviewed by the NRC. Therefore, compelling EOI to provide
Departures Report and DCD Update would result in an unnecessary burden
and hardship for the applicant.
In addition, the exemption is a temporary exemption from the
requirements of 10 CFR part 52, Appendix E, Paragraphs X.A.1, X.A.2,
and X.B.3.b. EOI has made good faith efforts to comply with the
regulation. The exemption would allow EOI to suspend maintaining the
Departures Report and the DCD Update Report and forego submitting these
reports until December 31, 2015, or coincident with resuming the review
of the GGNS COL application, whichever comes first.
Therefore, the special circumstances required by 10 CFR
50.12(a)(2)(ii), (iii), and (v) for the granting of an exemption from
10 CFR part 50, Appendix E, Paragraphs X.A.1, X.A.2, and X.B.3.b 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 as described in 10 CFR 50.12(a)(2)(ii), (iii), and (v)
are present. Therefore, the Commission hereby grants EOI the exemption
from the requirements of 10 CFR part 50, Appendix E, Paragraphs X.A.1,
X.A.2, and X.B.3.b pertaining to the River Bend Station Unit 3 COL
application to allow submittal of the Departures Report and the DCD
Update Report the earlier of any request to the NRC to resume the
review or by 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 22nd day of December 2014.
For the Nuclear Regulatory Commission.
Perry Buckberg,
Acting Branch Chief, Licensing Branch 3, Division of New Reactor
Licensing, Office of New Reactors.
[FR Doc. 2014-30585 Filed 12-29-14; 8:45 am]
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