[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11601-11603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04850]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-022 and 52-023; NRC-2013-0261]


Duke Energy Progress; Combined License Applications for Shearon 
Harris Nuclear Plant Units 2 and 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 an August 12, 2015, 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 12, 2015, 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, 2016, 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, 2016, 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, 2016, whichever comes first.

DATES: The exemption is effective on March 4, 2016.

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: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals 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 (if it 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 052000-22 and 052000-23). The NRC 
docketed the Harris Units 2 and 3 COL application on April 23, 2008. On 
May 2, 2013 (ADAMS Accession No. ML13123A344),

[[Page 11602]]

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 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 (ADAMS Accession 
No. ML14216A432), DEP requested another 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 to the COL application, addressing 
the enhancements to the EP rules by December 31, 2014, which the NRC 
granted through December 31, 2015. On August 12, 2015 (ADAMS Accession 
No. ML15226A352), DEP requested another 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 to the COL application, addressing 
the enhancements to the EP rules by December 31, 2016

II. Request/Action

    Part 50, appendix E, section 1.5, 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 (76 FR 72560) on 
November 23, 2011. 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. Similar to an earlier exemption request it submitted, as 
described above, by letter dated August 12, 2015, (ADAMS Accession No. 
ML15226A352), 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, 2016, 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 
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, 2016, 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 part 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 EP 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, 2016. 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, 
2016, 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,

[[Page 11603]]

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 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, 2016.
    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 26th day of February 2016.

    For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2016-04850 Filed 3-3-16; 8:45 am]
 BILLING CODE 7590-01-P