[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 7590-01-P