[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64172-64175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22231]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 and 50-316; NRC-2020-0178]
Indiana Michigan Power Company; Donald C. Cook Nuclear Plant,
Unit Nos. 1 and 2
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 April 7, 2020 request from Indiana Michigan
Power Company (I&M, the licensee). The issuance of the exemption would
permit I&M to align the regulatory requirements for reporting frequency
with the current Final Safety Analysis Report update frequency for the
Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2.
DATES: The exemption was issued on October 1, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0178 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-2020-0178. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
[[Page 64173]]
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]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-2855; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: October 2, 2020.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket Nos. 50-315 and 50-316
Indiana Michigan Power Company
Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2 Exemption
I. Background
The Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2 (CNP), is a
two-unit nuclear power plant located in Berrien County, Michigan.
Indiana Michigan Power Company (I&M, the licensee) holds Renewed
Facility Operating License Nos. DPR-58 and DPR-74 for CNP. These
licenses are subject to the rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC, the Commission).
II. Request/Action
By letter dated April 7, 2020 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML20126G456), I&M requested an
exemption from requirements of Title 10 of the Code of Federal
Regulations (10 CFR) Section 54.37, ``Additional records and
recordkeeping requirements,'' and 10 CFR 50.54, ``Conditions of
licenses,'' specifically with respect to their references to 10 CFR
50.71, ``Maintenance of records, making of reports,'' paragraph (e).
10 CFR 50.71(e)(4) states, in part, that ``Subsequent revisions [to
the final safety analysis report (FSAR)] must be filed annually or 6
months after each refueling outage provided the interval between
successive updates does not exceed 24 months.'' The two CNP units share
a common FSAR; therefore, this rule requires the licensee to update
that same document within 6 months after a refueling outage for either
unit. By letter dated March 3, 1998 (ADAMS Accession No. ML021090203),
the NRC granted I&M an exemption from 10 CFR 50.71(e)(4) for CNP, which
allowed the licensee to submit FSAR updates after each Unit No. 1
refueling outage, not to exceed 24 months between successive updates.
This exemption was granted before renewed licenses were issued for CNP.
10 CFR 54.37(b) states, in part:
After the renewed license is issued, the FSAR update required by
10 CFR 50.71(e) must include any systems, structures, and components
newly identified that would have been subject to an aging management
review or evaluation of time-limited aging analyses in accordance
with [10 CFR] 54.21.
10 CFR 50.54(a)(3) states, in part:
Changes to the quality assurance program description that do not
reduce the commitments must be submitted to the NRC in accordance
with the requirements of [10 CFR] 50.71(e).
The references in 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) to 10 CFR
50.71(e) can be interpreted to include the reporting frequency
prescribed in 10 CFR 50.71(e)(4). If interpreted in this way, 10 CFR
54.37(b) would require information related to newly identified systems,
structures, and components at CNP that are subject to an aging
management review or evaluation of time-limited aging analyses, and 10
CFR 50.54(a)(3) would require changes to the quality assurance program
description that do not reduce the commitments, to be submitted to the
NRC ``annually or 6 months after each refueling outage provided the
interval between successive updates does not exceed 24 months,''
despite the NRC's March 3, 1998 approval of an exemption from 10 CFR
50.71(e)(4) for CNP. The exemption that I&M now requests from 10 CFR
54.37(b) and 10 CFR 50.54(a)(3) would permit I&M to align the reporting
frequency of these requirements with the CNP FSAR update frequency
permitted by the March 3, 1998 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, which 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 when any of the
special circumstances listed in 10 CFR 50.12(a)(2) are present. These
special circumstances include, among other things:
(a) 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 and
(b) 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 54.15 states that exemptions from the requirements of 10 CFR
part 54 may be granted by the Commission in accordance with 10 CFR
50.12.
A. Authorized by Law
The requested exemption from 10 CFR 54.37(b) and 10 CFR 50.54(a)(3)
would permit I&M to align the reporting frequency of these requirements
with the CNP FSAR update frequency permitted by the March 3, 1998
exemption. As stated above, 10 CFR 50.12 and 10 CFR 54.15 allow the NRC
to grant exemptions from the requirements of 10 CFR parts 50 and 54
when the exemptions are authorized by law. The NRC staff has
determined, as explained below, that granting the licensee's proposed
exemption will not result in a violation of the Atomic Energy Act of
1954, as amended, or the Commission's regulations. Therefore, the
exemption is authorized by law.
B. No Undue Risk to the Public Health and Safety
The underlying purpose of 10 CFR 50.71(e)(4) is to ensure that
licensees periodically update their FSARs so that they accurately
reflect the plant design and operation, which includes changes required
pursuant to 10 CFR 54.37(b) and 10 CFR 50.54(a)(3). The NRC has
determined by rule that a frequency not exceeding 24 months between
successive updates is acceptable for maintaining FSAR content up-to-
date. The requested exemption would provide an equivalent level of
protection to the existing requirements
[[Page 64174]]
because it ensures that updates to the CNP FSAR are submitted with no
greater than 24 months between successive updates. The requested
exemption would also meet the intent of the rule with respect to
regulatory burden reduction. Additionally, based on the nature of the
requested exemption and the fact that updates will not exceed 24 months
from the last submittal as described above, no new accident precursors
would be created by the exemption; therefore, neither the probability
nor the consequences of postulated accidents would be increased. In
conclusion, the requested exemption will not present an undue risk to
the public health and safety.
C. Consistent With the Common Defense and Security
The requested exemption from 10 CFR 54.37(b) and 10 CFR 50.54(a)(3)
with respect to their references to 10 CFR 50.71(e) would allow I&M to
continue to submit its periodic updates to the CNP FSAR within 6 months
after each CNP, Unit No. 1 refueling outage, not to exceed 24 months
from the last submittal. Neither these regulations nor the proposed
exemption thereto has any relation to security issues. Therefore, the
common defense and security is not impacted by the requested exemption.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(ii),
are present whenever application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule.
The underlying purpose of 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) is
to ensure that licensees periodically update their FSARs with changes
required by these regulations so that the FSARs remain up-to-date and
accurately reflect the plant design and operation. As previously
decribed, the references in 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) to
10 CFR 50.71(e) can be interpreted to include the reporting frequency
prescribed in 10 CFR 50.71(e)(4). If interpreted in this way, strict
compliance with the 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) reporting
requirements at CNP, where the FSAR is updated at a frequency permitted
by the March 3, 1998 exemption, would create a disconnect between these
report updates and the FSAR update. Specifically, since CNP is a dual-
unit facility with a single shared FSAR and staggered refueling
outages, application of the phrase ``after each refueling outage'' in
10 CFR 50.71(e)(4), as it relates to 10 CFR 54.37(b) and 10 CFR
50.54(a)(3), would result in more frequent report updates than are
necessary to achieve the underlying purpose of the rule. Therefore,
special circumstances are present per 10 CFR 50.12(a)(2)(ii).
E. Environmental Considerations
With respect to its impact on the quality of the human environment,
the NRC has determined that the issuance of the exemption discussed
herein meets the eligibility criteria for categorical exclusion set
forth in 10 CFR 51.22(c)(25). Under 10 CFR 51.22(c)(25), the granting
of an exemption from the requirements of any regulation of 10 CFR
Chapter I (which includes 10 CFR 54.37 and 10 CFR 50.54) is an action
that is a categorical exclusion, provided that:
(i) There is no significant hazards consideration;
(ii) There is no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite;
(iii) There is no significant increase in individual or cumulative
public or occupational radiation exposure;
(iv) There is no significant construction impact;
(v) There is no significant increase in the potential for or
consequences from radiological accidents; and
(vi) The requirements from which an exemption is sought involve:
(A) Recordkeeping requirements;
(B) Reporting requirements;
(C) Inspection or surveillance requirements;
(D) Equipment servicing or maintenance scheduling requirements;
(E) Education, training, experience, qualification, requalification
or other employment suitability requirements;
(F) Safeguard plans, and materials control and accounting inventory
scheduling requirements;
(G) Scheduling requirements;
(H) Surety, insurance or indemnity requirements; or
(I) Other requirements of an administrative, managerial, or
organizational nature.
The NRC staff's determination that all of the criteria for this
categorical exclusion are met is as follows:
I. 10 CFR 51.22(c)(25)(i): There is no significant hazards
consideration.
Staff Analysis: The criteria for determining whether an action
involves a 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. Therefore, there are no
significant hazards 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 schedule
change, which is administrative in nature, and does not involve any
changes in the types or significant increase in the amounts of any
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 schedule
change, which is administrative in nature, it does not contribute to
any significant increase in individual or cumulative public or
occupational 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 schedule
change, 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 schedule
change, which is administrative in nature and does not impact the
potential for or consequences from radiological accidents.
VI. 10 CFR 51.22(c)(25)(vi): The requirements from which the
exemption is sought involve scheduling requirements and other
requirements of an administrative, managerial, or organizational
nature.
Staff Analysis: The proposed action involves scheduling
requirements and other requirements of an administrative, managerial,
or organizational nature because it is associated with the requirement
in 10 CFR 50.71(e)(4), which stipulates that revisions to the FSAR must
be filed annually or 6 months after each refueling outage provided the
interval between successive updates does not exceed 24 months.
Based on the above, the NRC staff concludes that the proposed
exemption meets the eligibility criteria for the categorical exclusion
set forth in 10 CFR
[[Page 64175]]
51.22(c)(25). Therefore, in accordance with 10 CFR 51.22(b), no
environmental impact statement or environmental assessment need be
prepared in connection with the NRC's issuance of this exemption.
IV. Conclusions
The NRC has determined that, pursuant to 10 CFR 50.12 and 10 CFR
54.15, 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 NRC hereby grants I&M an exemption from the requirements
of 10 CFR 54.37(b) and 10 CFR 50.54(a)(3) with respect to their
references to 10 CFR 50.71(e) to allow I&M to continue to submit its
periodic updates to the CNP FSAR within 6 months after each CNP, Unit
No. 1 refueling outage, not to exceed 24 months from the last
submittal.
This exemption is effective upon issuance.
Dated: October 1, 2020.
For the Nuclear Regulatory Commission.
David J. Wrona,
Acting Deputy Director, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2020-22231 Filed 10-8-20; 8:45 am]
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