[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62337-62339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21811]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-020; NRC-2020-0182]


Framatome Inc.; Application for Standard Design Certification of 
the U.S. EPR

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 June 30, 2020, letter from Framatome Inc. 
(Framatome), which requested an exemption from regulatory requirements 
regarding the annual reports required by regulations (hereafter 
``required report'') for the U.S. EPR standard design certification 
application for the years 2020-2024. The regulation for which exemption 
is sought covers emergency core cooling systems (ECCS) for light-water 
nuclear power reactors. Framatome committed to submit the required 
report before any request to reactivate the U.S. EPR review. Framatome 
further committed to providing an update to the required report, or 
taking other appropriate action, as necessary, no later than December 
31, 2024. Staff review of the U.S. EPR standard design certification 
application was suspended in April 2015 at the request of the 
applicant. The NRC staff reviewed this request and determined that it 
is appropriate to grant the exemption in accordance with the 
regulations as the request does not present an undue risk to public 
health or safety and is consistent with the common defense and 
security; furthermore, special circumstances exist.

DATES: The exemption is effective on September 29, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0182 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-2020-0182. Address 
questions about 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 reference staff at 1-800-397-4209, 301-415-4737, or by 
email to [email protected].

FOR FURTHER INFORMATION CONTACT: George Wunder, Senior Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-1494; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: September 29, 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 No. 52-020

Framatome Inc.

Application for Standard Design Certification of the U.S. EPR

I. Background

    By letter dated December 11, 2007, Areva NP Inc. (Areva) (now 
Framatome Inc.(Framatome)) submitted to the NRC an application for 
standard design certification of the U.S. EPR (ADAMS Accession No. 
ML073520305). Following an acceptance review, the NRC docketed the 
application (Docket No. 52-020) in a letter dated February 25, 2008 
(ADAMS Accession No. ML080380357). By letter dated July 17, 2014 (ADAMS 
Accession No. ML14209A053), Areva submitted Revision 7 to the standard 
design certification application. By letter dated February 25, 2015 
(ADAMS Accession No. ML15061A130), Areva requested that the NRC suspend 
review of the U.S. EPR standard design certification application. By 
letter dated June 30, 2020 (ADAMS Accession No. ML20188A219), Framatome 
requested an exemption from the annual reporting requirements of 10 CFR 
50.46(a)(3)(iii) stating in part that ``. . . given that the NRC's 
review of the U.S. EPR DCA [design certification application] has been 
suspended and remains suspended, Framatome requests an exemption from 
the requirement to submit annual reports required by 10 CFR 
50.46(a)(3)(iii) for the next five years (2020-2024).''

II. Request/Action

    Section 50.46(a)(1)(i) in part provides requirements for models 
used in calculations regarding ECCS performance following postulated 
loss of coolant accidents. Section 50.46(a)(3)(iii) requires that an 
applicant for a standard design certification report any change or 
error found in such ECCS performance models, including the nature of 
the change or error and its estimated effect on the limiting ECCS 
analysis, at least annually.
    In a letter dated June 30, 2020 (ADAMS Accession No. ML20188A219), 
Framatome requested an exemption from the reporting requirements of 10 
CFR 50.46(a)(3)(iii) for the years 2020-2024. Framatome has committed 
to submit the required report before requesting to reactivate the U.S. 
EPR review. They have committed to updating the required report, or 
taking other appropriate action, no later than December 31, 2024.

[[Page 62338]]

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 50.46(a)(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 
(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)), or 
(2) compliance would result in undue hardship or other costs that are 
significantly in excess of those contemplated when the regulation was 
adopted, or that are significantly in excess of those incurred by 
others similarly situated (10 CFR 50.12(a)(2)(iii)).
    The purpose of 10 CFR 50.46(a)(3)(iii) is to provide timely 
reporting to the NRC regarding the nature and estimated effect of any 
change or error in the limiting ECCS analysis. Because the NRC 
suspended its review of the U.S. EPR standard design certification 
application at the applicant's request, any submittal by Framatome 
under the requirements of 10 CFR 50.46 would not be reviewed by the 
staff until such time as the design certification review is 
reactivated. The preparation of a 10 CFR 50.46 report requires 
expenditure of resources by, and cost to, the applicant. Framatome has 
committed to providing a 10 CFR 50.46 report before any request to 
reactivate the review of the design certification application. 
Framatome is seeking the exemption for the years 2020-2024. Framatome 
has committed to updating the 10 CFR 50.46 report or taking other 
appropriate action, as necessary, no later than December 31, 2024.

No Undue Risk to Public Health and Safety

    The purpose of 10 CFR 50.46(a)(3)(iii) is to provide for timely 
notification of the nature and estimated effect of any errors or 
changes in the limiting ECCS analysis. Because the review of the U.S. 
EPR standard design certification application has been suspended at the 
applicant's request, any report submitted under 10 CFR 50.46 would not 
be reviewed by the staff until such time as the review of the design 
certification is reactivated. The requested exemption is administrative 
and deals only with the schedule for reports which would not be 
reviewed. Because the exemption applies only to an application, not to 
a licensed entity, this exemption has no safety implications and 
introduces nothing that could adversely impact public health. Under the 
proposed exemption, any further review of the U.S. EPR standard design 
certification application will not resume until Framatome submits the 
required report. The request for an exemption has no bearing on public 
health and safety and, therefore, poses no undue risk to public health 
and safety. Design certification cannot occur until the NRC's review of 
the application is completed and a final safety evaluation report is 
issued. Additionally, based on the nature of the requested exemption as 
described above, no new accident precursors are created by the 
exemption; therefore, neither the probability nor the consequences of 
postulated accidents are increased and there is no undue risk to public 
health and safety.

Consistent With Common Defense and Security

    The requested exemption would relieve Framatome of the requirement 
to submit annual reports required by 10 CFR 50.46(a)(3)(iii) for the 
years 2020-2024. The applicant has committed to submit a 10 CFR 50.46 
report before submitting any request for the NRC to resume reviewing 
the U.S. EPR design certification application and to update the 
required report, or take other appropriate action, no later than 
December 31, 2024. 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), 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)) or if 
compliance would result in undue hardship or other costs that are 
significantly in excess of those contemplated when the regulation was 
adopted, or that are significantly in excess of those incurred by 
others similarly situated (10 CFR 50.12(a)(2(iii)).
    The underlying purpose of 10 CFR 50.46(a)(3)(iii) is to ensure that 
the NRC receives timely notification of the nature and estimated effect 
of errors or changes in the limiting ECCS analysis. A thorough 
understanding of ECCS performance is critical to the staff's review; 
however, since review of the U.S. EPR standard design certification 
application has been suspended at the applicant's request, any report 
filed under 10 CFR 50.46 would not be reviewed until such time as the 
design certification review is reactivated. Framatome has committed to 
submit the required report before requesting that the NRC reactivate 
its review of the design certification. Submitting a report under 
50.46(a)(3)(iii) before the resumption of any review of the design 
certification is sufficient to meet the underlying intent of the 
regulation. Submitting annual reports for the years 2020-2024 while the 
review is suspended is not necessary to meet the underlying intent of 
the regulation.
    The preparation of reports required by 10 CFR 50.46(a)(3)(iii) is 
time consuming and requires resources to review and document the 
condition reports for any change to or error in an acceptable 
evaluation model or in the application of such a model. It is likely 
that suspension of a standard design certification review was not 
anticipated when the requirements for reporting were made. As such, 
requiring Framatome to submit annual 10 CFR 50.46 reports that would 
not be reviewed would be to subject them to an undue hardship that is 
significantly in excess of those contemplated when the regulation was 
adopted.
    For the above stated reasons, special circumstances are present 
under 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(2)(iii).

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 a report on 
errors or changes in the ECCS analysis for a standard design 
certification application review which is currently suspended. 
Therefore, there is no significant hazards consideration because 
granting the proposed exemption would not:

[[Page 62339]]

    (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 is for a standard design 
certification the review of which is suspended until further notice. No 
application for construction or operation has been filed. 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 a report required by 10 
CFR 50.46(a)(3)(iii); and
    (2) Scheduling requirements;
    The proposed exemption relieves that applicant from submitting the 
required reports for the years 2020-2024.

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 Framatome a one-time exemption 
from the reporting requirements of 10 CFR 50.46(a)(3)(iii) until 
December 31, 2024. This exemption provides that Framatome shall submit 
a report under 10 CFR 50.46(a)(3)(iii) before making any request that 
the NRC resume its review of the U.S. EPR standard design certification 
application and that Framatome shall update that report or take other 
appropriate action no later than December 31, 2024.
    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 29th day of September 2020.

For The Nuclear Regulatory Commission,
Anna H. Bradford,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.

[FR Doc. 2020-21811 Filed 10-1-20; 8:45 am]
BILLING CODE 7590-01-P