[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19963-19965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07485]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-022 and 52-023; NRC-2013-0261]
Duke Energy Progress Inc.; 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 a December 02, 2019, letter from Duke Energy
Progress, Inc. (DEP), which requested an exemption from certain
regulatory requirements for DEP to submit an update to the final safety
analysis report (FSAR) included in its application for combined
licenses (COLs) for Shearon
[[Page 19964]]
Harris Nuclear Power Plant (Harris) Units 2 and 3 by December 31, 2019.
The NRC staff reviewed this request and determined that it is
appropriate to grant the exemption, but stipulated that the next update
to the FSAR must be submitted prior to, or coincident with, the
resumption of the COL application review or by December 31, 2024,
whichever comes first.
DATES: The exemption is effective on April 6, 2020.
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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0261. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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].
FOR FURTHER INFORMATION CONTACT: Demetrius Murray, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-7646; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: April 6, 2020.
For the Nuclear Regulatory Commission.
Anna H. Bradford,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
Attachment--Exemption
Nuclear Regulatory Commission
Docket Nos. 52-022 and 52-023
Duke Energy Progress Inc. Combined License Application for Shearon
Harris Nuclear Power Plant Units 2 and 3 Exemption
I. Background
On February 18, 2008, DEP submitted to the NRC an application
for COLs for two Westinghouse Electric Company AP1000 advanced
pressurized water reactors to be constructed and operated at the
existing Shearon Harris Nuclear Plant (Harris) site (ADAMS Accession
No. 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, in
accordance with Section 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 the COL application FSAR update which NRC granted through
December 31, 2019. On December 02, 2019 (ADAMS Accession No.
ML19337A620), DEP requested another exemption from the 10 CFR
50.71(e)(3)(iii) requirements to submit annual updates to the FSAR
for the next five years (2019-2023). In this exemption request, DEP
indicated that it would submit the next FSAR update prior to any
request to the NRC to reactivate the COL application review, and, in
any event, provide an update to the FSAR, or take other appropriate
action, no later than December 31, 2024.
II. Request/Action
Section 50.71(e)(3)(iii) requires that an applicant for a COL
under Subpart C of 10 CFR part 52 submit updates to the 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 annual update of the
FSAR included in the Harris Units 2 and 3 COL application would have
been due by December 31, 2019. In a letter dated December 02, 2019
(ADAMS Accession No. ML19337A620), DEP requested an exemption from
the 10 CFR 50.71(e)(3)(iii) requirements in regard to the Harris
Units 2 and 3 COL application during the next five years (2019-2023)
until December 31, 2024, or until prior to a request to reactivate
the Harris Units 2 and 3 COL application review. The requested
exemption would allow DEP to submit the next FSAR update at a later
date, but still before the NRC resumes its review of the application
and, in any event, by December 31, 2024.
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 exemptions 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)) 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)).
One 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. Because the
NRC suspended 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, 2024.
No Undue Risk to Public Health and Safety
With respect to a COL application, the underlying purpose of 10
CFR 50.71(e)(3)(iii) is to provide for a timely and comprehensive
update of the FSAR 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. The exemption has no effect on the
public health and safety. 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 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, 2024. This schedule change has no
relation to security issues. Therefore, the common defense and
security is not impacted.
[[Page 19965]]
Special Circumstances
Special circumstances, in accordance with 10 CFR
50.12(a)(2)(ii), are present under the circumstances relevant to the
requested exemption. Specifically, special circumstances are present
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)). 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 the 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, 2024, or prior to any request to restart the review, the purpose
of the rule would still be achieved.
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 facility construction is not currently
authorized, as the COL application remains under review.
Accordingly, 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:
(1) Reporting requirements;
The exemption request involves submitting an updated FSAR by
DEP;
and
(2) 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) to update
the Final Safety Analysis Report for the Harris Units 2 and 3 COL
application until DEP requests the NRC to resume the review, or
until December 31, 2024, whichever comes first.
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 6th day of April 2020.
For The Nuclear Regulatory Commission.
Anna H. Bradford,
Director, Division of New and renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2020-07485 Filed 4-8-20; 8:45 am]
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