[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5611-5613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01035]


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NUCLEAR REGULATORY COMMISSION

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


Duke Energy Progress; Combined License Application for Shearon 
Harris Nuclear Power 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 October 13, 2016, letter from Duke Energy 
Progress (DEP), which requested an exemption from certain regulatory 
requirements that requires DEP to submit an update to the final safety 
analysis report (FSAR) included in their combined license (COL) 
application for Shearon Harris Nuclear Power Plant (Harris) Units 2 and 
3 by December 31, 2016. The NRC staff reviewed this request and 
determined that it is appropriate to grant the exemption, but 
stipulated that the update to the FSAR must be submitted prior to, or 
coincident with the resumption of the COL application review or by 
December 31, 2019, whichever comes first.

DATES: The exemption is effective on January 18, 2017.

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 action by 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 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 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: 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, 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 (ADAMS Accession 
No.

[[Page 5612]]

ML080580078). The NRC docketed the Shearon Harris Units 2 and 3 COL 
application (Docket Nos. 52-022 and 52-023) on April 23, 2008. On April 
15, 2013, (ADAMS Accession No. ML13112A761) DEP submitted Revision 5 to 
the COL application including updates to the FSAR, per Subsection 
50.71(e)(3)(iii) of title 10 of the Code of Federal Regulations (10 
CFR). On May 2, 2013 (ADAMS Accession No. ML13123A344), DEP requested 
that the NRC suspend review of the Shearon Harris Nuclear Plant Units 2 
and 3 COL application. On August 7, 2013 (ADAMS Accession No. 
ML13220B004), DEP requested an exemption from the 10 CFR 
50.71(e)(3)(iii) requirements to submit the COL application FSAR 
update, which NRC granted through December 31, 2014. On August 1, 2014 
(ADAMS Accession No. ML14216A431), DEP requested another exemption from 
the 10 CFR 50.71(e)(3)(iii) requirements to submit the COL application 
FSAR update which the NRC granted through December 31, 2015. On August 
12, 2015 (ADAMS Accession No. ML15226A353), DEP requested another 
exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the 
COL application FSAR update which NRC granted through by December 31, 
2016. On October 13, 2016 (ADAMS Accession No. ML16288A815), DEP 
requested another exemption from the 10 CFR 50.71(e)(3)(iii) 
requirements to submit annual updates to the FSAR during the years 
2016, 2017, and 2018. In this exemption request, DEP indicated that it 
would provide an update to the FSAR, or take other appropriate action, 
no later than December 31, 2019.

II. Request/Action

    Paragraph 50.71(e)(3)(iii) requires that an applicant for a COL 
under Subpart C of 10 CFR part 52, submit updates to their FSAR 
annually during the period from docketing the application to the 
Commission making its 10 CFR 52.103(g) finding.
    Pursuant to 10 CFR 50.71(e)(3)(iii) the next annual update of the 
FSAR included in the Harris Units 2 and 3 COL application would be due 
by December 31, 2016. In a letter dated October 13, 2016 (ADAMS 
Accession No. ML16288A815), DEP requested that the Harris Units 2 and 3 
COL application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements 
during the years of 2016, 2017, and 2018 until December 31, 2019, or 
prior to a request to reactivate the Harris Units 2 and 3 COL 
application review.
    The exemption would allow DEP to submit the next FSAR update at a 
later date, but still in advance of NRC's reinstating its review of the 
application and in any event, by December 31, 2019. The current 
requirement to submit an FSAR update 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 50.71(e)(3)(iii) 
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: 
[a]pplication 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)) and 
if: [t]he 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 purpose of 10 CFR 50.71(e)(3)(iii) is to ensure that the NRC 
has the most up to date information regarding the COL application, in 
order to perform an efficient and effective review. The rule targeted 
those applications that are being actively reviewed by the NRC. Because 
DEP requested the NRC suspend its review of the Harris Units 2 and 3 
COL application, compelling DEP to submit its FSAR on an annual basis 
is not necessary as the FSAR will not be changed or updated until the 
review is restarted. Requiring the updates would result in undue 
hardship on DEP, and the purpose of 10 CFR 50.71(e)(3)(iii) would still 
be achieved if the update is submitted prior to restarting the review 
and in any event by December 31, 2019.
    The requested exemption to defer submittal of the next update to 
the FSAR included in the Harris Units 2 and 3 COL application would 
provide only temporary relief from the regulations in 10 CFR 
50.71(e)(3)(iii). As evidenced by the proper submittal of annual 
updates on June 23, 2009 (ADAMS Accession No. ML091810540), April 12, 
2010 (ADAMS Accession No. ML101120592), April 14, 2011 (ADAMS Accession 
No. ML111170902), April 12, 2012 (ADAMS Accession No. ML12122A656), and 
April 15, 2013 (ADAMS Accession No. ML13112A761), DEP has made good 
faith efforts to comply with 10 CFR 50.71(e)(3)(iii) prior to 
requesting suspension of the review. In its subsequent requests dated 
August 1, 2014, August 12, 2015, and October 13, 2016, DEP asked the 
NRC to grant exemption from 10 CFR 50.71(e)(3)(iii) until December 31, 
2019, or prior to any request to reactivate Harris Units 2 and 3 COL 
application review. For the reasons stated above, the application of 10 
CFR 50.71(e)(3)(iii) in this particular circumstance can be deemed 
unnecessary and the granting of the exemption would allow only 
temporary relief from a rule that the applicant had made good faith 
efforts to comply with, therefore special circumstances are present.

Authorized by Law

    The exemption is a schedule exemption from the requirements of 10 
CFR 50.71(e)(3)(iii). The exemption would allow DEP to submit the next 
Harris Units 2 and 3 COL application FSAR update on or before December 
31, 2019, in lieu of the required scheduled submittals on December 31, 
2016, December 31, 2017, and December 31, 2018. 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 exemption from the requirements of 10 CFR 50.71(e)(3)(iii) 
will provide only temporary relief from this regulation 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 purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
The requested exemption is solely administrative in nature, in that it 
pertains to the schedule for submittal to the NRC of revisions to an 
application under 10 CFR part 52, for which a license has not been 
granted. In addition, since the review of the application has been 
suspended, any update to the application submitted by DEP will not be 
reviewed by the NRC at this time. Plant construction cannot proceed 
until the NRC's review of the application is completed, a mandatory 
hearing is completed, and a license is issued. Additionally, based on 
the nature of the requested exemption as described above, no new 
accident precursors are created by the exemption; thus neither

[[Page 5613]]

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 next FSAR 
update prior to requesting the NRC to resume the review and, in any 
event, on or before December 31, 2019. 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)(2)(ii)). The underlying purpose of 10 CFR 
50.71(e)(3)(iii) is to ensure that the NRC has the most up-to date 
information in order to perform its review of a COL application 
efficiently and effectively. Because the requirement to annually update 
the FSAR was intended for active reviews and the Harris Units 2 and 3 
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, and DEP was then required to update its FSAR by December 31, 
2019, or prior to any request to restart of their review, the purpose 
of the rule would still be achieved.
    Special circumstances in accordance with 10 CFR 50.12(a)(2)(v) are 
present whenever the exemption would provide only temporary relief from 
the regulation and the applicant has made good faith efforts to comply 
with this regulation. Because of the assumed and imposed new deadline 
of December 31, 2016, DEP's exemption request seeks only temporary 
relief from the requirement that it file an update to the FSAR included 
in the Harris Units 2 and 3 COL application. Additionally DEP submitted 
the required annual updates to its FSAR throughout the application 
process until asking for suspension of its review.
    Therefore, since the relief from the requirements of 10 CFR 
50.71(e)(3)(iii) would be temporary and the applicant has made good 
faith efforts to comply with the rule, and the underlying purpose of 
the rule is not served by application of the rule in this circumstance, 
the special circumstances required by 10 CFR 50.12(a)(2)(ii) and 
50.12(a)(2)(v) for the granting of an exemption from 10 CFR 
50.71(e)(3)(iii) 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) 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 is no significant hazards consideration 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;
    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 FSAR by DEP; 
and
    (G) Scheduling requirements;
    The proposed exemption relates to the schedule for submitting FSAR 
updates 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 50.71(e)(3)(iii) pertaining to the Harris 
Units 2 and 3 COL application to allow submittal of the next FSAR 
update prior to any request to the NRC to resume the review, and in any 
event no later than December 31, 2019.
    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 9th day of January 2017.

    For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2017-01035 Filed 1-17-17; 8:45 am]
 BILLING CODE 7590-01-P