[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]
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