[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57942-57944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20272]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323; NRC-2009-0552]


Pacific Gas and Electric Company; Diablo Canyon Power Plant, 
Units 1 and 2; Annual Updates to License Renewal Application

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, 2016, request from Pacific Gas 
and Electric Company (PG&E), which requested an exemption from the 
requirement to submit annual updates to its license renewal application 
(LRA) for Diablo Canyon Power Plant (DCPP), Units 1 and 2. The NRC 
staff reviewed this request and determined that it is appropriate to 
grant the exemption while the review of the LRA remains suspended.

DATE: The exemption is effective on August 24, 2016.

ADDRESSES: Please refer to Docket ID NRC-2009-0552 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-2009-0552. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463;

[[Page 57943]]

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 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 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: Michael J. Wentzel, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-6459; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By letter dated November 23, 2009 (ADAMS Package No. ML093340125), 
PG&E submitted an application pursuant to part 54 of title 10 of the 
Code of Federal Regulations (10 CFR) for the renewal of Facility 
Operating Licenses DPR-80 and DPR-82 for DCPP. A notice of acceptance 
for docketing of the application and opportunity for hearing regarding 
renewal of the facility operating licenses was published in the Federal 
Register on January 21, 2010 (75 FR 3493). On June 21, 2016, PG&E 
notified the NRC that it had reached an agreement in principle with 
various stakeholders to not proceed with the DCPP license renewal and 
requested that the NRC suspend activity on the LRA, pending approval of 
the agreement by the California Public Utilities Commission (ADAMS 
Accession No. ML16173A454). On July 28, 2016, the NRC staff notified 
PG&E that it had suspended its review of the DCPP LRA (ADAMS Accession 
No. ML16193A599). Although the NRC staff has suspended its review of 
the DCPP LRA, the NRC's regulations at 10 CFR 54.21(b) would still 
require PG&E to provide an annual update to its LRA identifying changes 
made to the current licensing basis (CLB) for DCPP that materially 
affect the LRA, absent this exemption request.

II. Request/Action

    Pursuant to 10 CFR 54.15, ``Specific exemptions,'' which references 
10 CFR 50.12, PG&E's letter dated August 1, 2016 (ADAMS Accession No. 
ML16214A369), requested an exemption from the requirements of 10 CFR 
54.21, ``Contents of application--technical information,'' paragraph 
(b), related to the schedule for submitting periodic updates to the 
DCPP LRA, while the NRC staff's review of the DCPP LRA is suspended. 
Given PG&E's request for approval from the California Public Utilities 
Commission to not proceed with license renewal for DCPP, PG&E is 
requesting exemption from the requirements in 10 CFR 54.21(b). Should 
the California Public Utilities Commission deny PG&E's request and 
direct PG&E to pursue license renewal, PG&E would provide an amendment 
to the DCPP LRA that identifies changes to the CLB of the facility that 
materially affect the contents of the LRA by a date agreed upon between 
PG&E and the NRC.

III. Discussion

    Pursuant to 10 CFR 54.15, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of the regulations of 10 CFR part 54, in accordance 
with 10 CFR 50.12, when (1) the exemptions are authorized by law, will 
not present an undue risk to the public health and safety, and are 
consistent with the common defense and security; and (2) special 
circumstances are present. As applicable to the requested exemption, 
special circumstances exist when 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 54.21(b) is to ensure that the effect of 
changes to a renewal applicant's existing licensing basis is evaluated 
during the review of a renewal application (56 FR 64954). As referenced 
above, the NRC staff has suspended its review of the DCPP LRA in 
response to PG&E's June 21, 2016, request. As such, the NRC staff would 
not review an update to the DCPP LRA, should it be provided; therefore, 
updating the LRA while the review is suspended is unnecessary to 
achieve the underlying purpose of the rule. Should PG&E resume the 
license renewal process for DCPP, the NRC will require it to provide an 
amendment to the DCPP LRA that identifies applicable changes to the CLB 
of the facility since the period of time covered in PG&E's December 21, 
2015, update (ADAMS Accession No. ML16004A149) by a date agreed upon 
between PG&E and the NRC.

Authorized by Law

    Pursuant to 10 CFR 54.15, and in accordance with 10 CFR 50.12, the 
NRC may grant an exemption from the requirements of 10 CFR part 54, if 
the exemption is authorized by law. The exemption is authorized by law 
in that no other prohibition of law exists to preclude the activities 
which would be authorized by the exemption. Granting this exemption 
will provide PG&E with relief from the requirements of 10 CFR 54.21(b) 
while review of the DCPP LRA is suspended and will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the NRC's 
regulations. Therefore, this exemption request is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 54.21(b) is to ensure that changes 
made to the CLB of a facility that materially affect an LRA are 
reflected in a timely manner over the course of the NRC staff's review. 
The requested exemption is administrative in nature, in that it 
pertains to the schedule for submitting periodic updates of an 
application for renewal under 10 CFR part 54. Based on the nature of 
the requested exemption as described above, no new accident precursors 
are created by the exemption. As a result, neither the probability, nor 
the consequences, of postulated accidents are increased. Therefore, the 
requested exemption does not result in any undue risk to public health 
and safety.

Consistent With Common Defense and Security

    The requested exemption would exempt PG&E from providing updates to 
the DCPP LRA while review of the LRA is suspended. This proposed change 
has no relation to security issues. Therefore, the common defense and 
security is not impacted by the exemption.

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)).

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    As discussed above, the requested exemption will exempt PG&E from 
submitting LRA updates while the NRC's review of the application is 
suspended. Because the NRC staff would not review an update to the DCPP 
LRA, should it be provided, application of 10 CFR 54.21(b) is not 
necessary to achieve the underlying purpose of the rule. Therefore, 
special circumstances exist under 10 CFR 50.12(a)(2)(ii).

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). Under 10 CFR 51.22(c)(25), granting of an exemption from 
the requirements of any regulation of 10 CFR chapter 1 (which includes 
10 CFR 54.21(b)) is an action that is a categorical exclusion, provided 
that it meets the requirements of 10 CFR 51.22(c)(25)(i) through (vi). 
The NRC staff's determination that each of the applicable criteria for 
this categorical exclusion is met as follows:
    I. 10 CFR 51.22(c)(25)(i): There is no significant hazards 
consideration.
    Staff Analysis: The criteria for determining if an exemption 
involves a significant hazards consideration are found in 10 CFR 50.92. 
The action involves only changes regarding the submission of updates to 
an application for which the licensing review is currently suspended. 
Therefore, there are no significant hazard considerations because 
granting the 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. 10 CFR 51.22(c)(25)(ii): There is no significant change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite.
    Staff Analysis: The proposed action involves only a change 
regarding the submission of updates, which is administrative in nature, 
and does not involve any changes in the types or significant increase 
in the amounts of effluents that may be released offsite.
    III. 10 CFR 51.22(c)(25)(iii): There is no significant increase in 
individual or cumulative public or occupational radiation exposure.
    Staff Analysis: Since the proposed action involves only a change 
regarding the submission of updates, which is administrative in nature, 
it does not contribute to any significant increase in occupational or 
public radiation exposure.
    IV. 10 CFR 51.22(c)(25)(iv): There is no significant construction 
impact.
    Staff Analysis: Since the proposed action involves only a change 
regarding the submission of updates, which is administrative in nature; 
it does not involve any construction impact.
    V. 10 CFR 51.22(c)(25)(v): There is no significant increase in the 
potential for or consequences from radiological accidents.
    Staff Analysis: The proposed action involves only a change 
regarding the submission of updates, which is administrative in nature 
and does not impact the probability or consequences of accidents.
    VI. 10 CFR 51.22(c)(25)(vi): The requirements from which this 
exemption is sought involve 10 CFR 51.22(c)(25)(vi)(B) (reporting 
requirements) and 10 CFR 51.22(c)(25)(vi)(G) (scheduling requirements).
    Staff Analysis: The exemption request involves requirements in both 
of these categories because it involves suspending the requirement 
contained in 10 CFR 54.21(b) to provide an update to the DCPP LRA each 
year following submittal of the LRA.

IV. Conclusions

    The NRC has determined that, pursuant to 10 CFR 54.15, and in 
accordance with 10 CFR 50.12, 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 exist under 10 CFR 50.12(a)(2)(ii). Therefore, the NRC 
hereby grants PG&E this exemption from the requirements of 10 CFR 
54.21(b) to allow PG&E to dispense with the submission of updates to 
the DCPP LRA while the NRC's review of the LRA is suspended. Should 
PG&E resume the license renewal process for DCPP, the NRC will require 
it to provide an amendment to the DCPP LRA that identifies applicable 
changes to the CLB of the facility since the period of time covered in 
PG&E's December 21, 2015, update by a date agreed upon between PG&E and 
the NRC.
    Additionally, 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.

    Dated at Rockville, Maryland, this 17th Day of August 2016.

    For the Nuclear Regulatory Commission.
Jane E. Marshall,
Acting Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2016-20272 Filed 8-23-16; 8:45 am]
 BILLING CODE 7590-01-P