[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40086-40088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15823]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-389; NRC-2021-0138]
Florida Power and Light Company; St. Lucie Plant, Unit No. 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, or the
Commission) has issued an exemption in response to a March 17, 2021,
request from Florida Power and Light (FPL or the licensee). The
approval permits a one-time schedular exemption to allow submittal of a
license renewal application for the St. Lucie, Unit No. 2 facility
earlier than 20 years before the expiration of the operating license,
which expires on April 6, 2043.
DATES: The exemption was issued on July 20, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0138 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-2021-0138. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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 access publicly available documents online in the
ADAMS public document 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]. The ADAMS accession number for each
document referenced (if that document is available in ADAMS) is
provided the first time that a document is referenced.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michael Mahoney, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3867; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: July 20, 2021.
For the Nuclear Regulatory Commission.
Michael Mahoney,
Project Manager, Plant Licensing Branch 2-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
Attachment--Exemption.
Nuclear Regulatory Commission
Docket No. 50-389
Florida Power & Light Company, St. Lucie Plant, Unit No. 2, Exemption
I. Background
Florida Power & Light Company (FPL, the licensee) is the holder of
Renewed Facility Operating License No. NPF-16, which authorizes
operation of the St. Lucie Plant, Unit 2 (St. Lucie 2), a pressurized
water reactor. St. Lucie
[[Page 40087]]
Plant, Unit 1, is collocated with St. Lucie 2 in Jensen Beach, Florida;
however, this exemption is applicable only to St. Lucie 2. The license
provides, among other things, that the facility is subject to all
rules, regulations, and orders of the U.S. Nuclear Regulatory
Commission (NRC, or the Commission) now or hereafter in effect. The
current renewed facility operating license for St. Lucie 2 expires on
April 6, 2043.
II. Request/Action
Part 54 of title 10 of the Code of Federal Regulations (10 CFR)
``Requirements for Renewal of Operating Licenses for Nuclear Power
Plants,'' contains the requirements for the renewal of operating
licenses for nuclear power plants. Section 54.17(c) of 10 CFR states
that an application for a renewed license may not be submitted to the
Commission earlier than 20 years before the expiration of the operating
license currently in effect.
The licensee has informed the NRC that it plans to submit the St.
Lucie Plant, Unit Nos. 1 and 2 subsequent license renewal application
(SLRA) earlier than 20 years before expiration of the renewed facility
operating license for St. Lucie 2. Based on the requirement in 10 CFR
54.17(c), a subsequent license renewal (SLR) application for St. Lucie
2 cannot be filed prior to April 6, 2023 without an exemption. As a
result, by letter dated March 17, 2021 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML21076A315), pursuant to 10
CFR 54.15 and 10 CFR 50.12, FPL requested a one-time exemption from the
10 CFR 54.17(c) schedular requirement.
III. Discussion
Under 10 CFR 54.15, exemptions from the requirements of part 54 are
governed by regulations at 10 CFR 50.12. 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 the
regulations of this part, 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. However, an exemption will not be
granted unless special circumstances are present as defined in 10 CFR
50.12(a)(2). In its application, FPL states that special circumstances,
as described in 10 CFR 50.12(a)(2)(ii) apply to its request, which
states that special circumstances are present when ``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.''
A. The Exemption Is Authorized by Law
The Commission's basis for establishing the 20-year limit contained
in 10 CFR 54.17(c) is discussed in the 1991 Statements of Consideration
for 10 CFR part 54 (56 FR 64963). The limit was established to ensure
that substantial operating experience was accumulated by a licensee
before a renewal application is submitted such that any plant-specific
concerns regarding aging would be disclosed. In amending the rule in
1995, the Commission indicated that it would consider plant-specific
exemption requests by applicants who believe that sufficient
information is available to justify applying for license renewal
earlier than 20 years from expiration of the current license. The NRC
staff has determined 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. The Exemption Presents No Undue Risk to Public Health and Safety
FPL is seeking an exemption from the requirements of 10 CFR
54.17(c) for schedular relief, which would only relieve FPL of the
schedular requirement to wait until April 6, 2023 to submit an SLRA for
St. Lucie Unit 2. The action does not change the manner in which the
plant operates and would maintain public health and safety, because no
additional changes are made as a result of the action. FPL must still
conduct all environmental reviews required by 10 CFR part 51 and all
safety reviews and evaluations required by 10 CFR part 54 when
preparing the SLRA for St. Lucie Units 1 and 2.
Pending final action on the SLR application, the NRC will continue
to conduct all regulatory activities associated with licensing,
inspection, and oversight, and will take whatever action may be
necessary to ensure adequate protection of the public health and
safety. This exemption does not affect NRC's authority, applicable to
all licenses, to modify, suspend, or revoke a license for cause, such
as the identification of a serious safety concern. Therefore, the NRC
finds that the action does not cause undue risk to public health and
safety.
C. The Exemption is Consistent With the Common Defense and Security
As discussed previously, the proposed exemption would only allow a
schedular exemption. This exemption does not change any site security
features, procedures, staffing, or other security-related matters.
Therefore, the NRC finds that the action is consistent with common
defense and security.
D. Special Circumstances
The regulation at 10 CFR 50.12(a)(2) lists special circumstances
for which an exemption may be granted. Pursuant to the regulation, it
is necessary for one of these special circumstances to be present in
order for the NRC to consider granting an exemption request. As noted
above, FPL stated that the special circumstance that applies to this
exemption request is found in 10 CFR 50.12(a)(2)(ii), which states,
``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.''
In initially promulgating 10 CFR 54.17(c) in 1991, the Commission
stated that the purpose of the 20-year time limit was ``to ensure that
substantial operating experience is accumulated by a licensee before it
submits a renewal application,'' such that any plant-specific concerns
regarding aging would be disclosed (56 FR 64963). At that time, the
Commission found that 20 years of operating experience provided a
sufficient basis for license renewal applications. However, in issuing
the amended Part 54 in 1995, the Commission indicated it would consider
an exemption to this requirement if sufficient information was
available on a plant-specific basis to justify submission of an
application to renew a license before completion of 20 years of
operation (60 FR 22488). FPL's exemption request is consistent with the
Commission's intent to consider plant-specific requests and is
permitted by 10 CFR 54.15.
The licensee stated that St. Lucie 2 is the sister unit to St.
Lucie 1. The two units currently have a combined operating history of
over 80 reactor-years, with Unit 1 having over 45 years and Unit 2
having over 37 years of operating experience. St. Lucie 1 operating
experience is directly applicable to St. Lucie 2 since the two units
are similar in design, operation, maintenance, use of operating
experience, and environment.
According to the licensee, the materials of construction for St.
Lucie 2 structures, systems, and components are typically identical or
similar to those used for the corresponding St. Lucie 1 structures,
systems, and components. The licensee specified that, because of the
similarities between St. Lucie 1 and
[[Page 40088]]
2, personnel of the various plant organizations (e.g., Maintenance and
Engineering) are typically assigned work activities on both units.
Licensed operators at St. Lucie receive training on both units.
St. Lucie Unit 2 is physically located adjacent to Unit 1. As such,
the external environments would be similar for both units. Internal
environments for both units are also similar due to the similarity in
plant design and operation.
The licensee stated that an administrative procedure is used by its
entire nuclear fleet for the review and dissemination of operating
experience obtained from both external and internal sources. This
procedure requires screening of information for potential St. Lucie
applicability; the information is received from such sources as the NRC
(e.g., NRC Information Notices), industry resources, vendor reports/
notices, and in-house operating experience. If an item is potentially
applicable to St. Lucie, then the information item is addressed in the
plant's Corrective Action Program.
Given the similarities between units, the NRC staff finds that the
operating experience at Unit 1 is applicable to Unit 2 for purposes of
the license renewal review. At the time of the exemption request, Unit
1 had achieved over 45 years of operating experience, which is
applicable to Unit 2, and that Unit 2, itself, has over 37 years of
operating experience. The NRC staff has determined that sufficient
combined operating experience exists to satisfy the intent of 10 CFR
54.17(c), and the application of the regulation in this case is not
necessary to achieve the underlying purpose of the rule. Therefore, the
NRC staff finds that FPL's request meets the special circumstance
requirement in 10 CFR 50.12(a)(2)(ii).
E. Environmental Considerations
The NRC's approval of an exemption to scheduling requirements
belongs to a category of actions that the NRC, by rule or regulation,
has declared to be a categorical exclusion to environmental analysis,
after first finding that the category of actions does not individually
or cumulatively have a significant effect on the human environment.
Specifically, the exemption is categorically excluded from further
analysis under 10 CFR 51.22(c)(25)(vi)(G).
Under 10 CFR 51.22(c)(25), the granting of exemption from the
requirements of any regulation of chapter 10 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 if sought involve certain
categories of requirements, including scheduling requirements. The
basis for NRC's determination is provided in the following evaluation
of the requirements in 10 CFR 51.22(c)(25)(i)-(vi).
Requirements in 10 CFR 51.22(c)(25)(i)
To qualify for a categorical exclusion under 10 CFR
51.22(c)(25)(i), the exemption must involve a no significant hazards
consideration. The criteria for making a no significant hazards
consideration determination are found in 10 CFR 50.92(c). The NRC staff
has determined that granting the exemption request involves no
significant hazards consideration because allowing a one-time exemption
from the 10 CFR 54.17(c) schedular requirement does 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. Therefore,
the requirements of 10 CFR 51.22(c)(25)(i) are met.
Requirements in 10 CFR 51.22(c)(25)(ii) and (iii)
The exemption constitutes a change to a schedular requirement which
is administrative in nature, and does not involve any change in the
types or significant increase in the amounts of any effluents that may
be released offsite and does not contribute to any significant increase
in individual or cumulative occupational or public radiation exposure.
Therefore, the requirements of 10 CFR 51.22(c)(25)(ii) and (iii) are
met.
Requirements in 10 CFR 51.22(c)(25)(iv)
The exempted regulation is not associated with construction, and
the exemption does not propose any changes to the facility or the site,
does not alter the site, and does not change the operation of the site.
Therefore, the requirements of 10 CFR 51.22(c)(25)(iv) are met because
there is no significant construction impact.
Requirements in 10 CFR 51.22(c)(25)(v)
The exemption constitutes a change to a schedular requirement which
is administrative in nature and does not impact the probability or
consequences of accidents. Thus, there is no significant increase in
the potential for, or consequences from, a radiological accident.
Therefore, the requirements of 10 CFR 51.22(c)(25)(v) are met.
Requirements in 10 CFR 51.22(c)(25)(vi)
To qualify for a categorical exclusion under 10 CFR
51.22(c)(25)(vi)(G), the exemption must involve scheduling
requirements. The requested exemption involves an exemption from
scheduling requirements because it would allow FPL to submit an SLRA
for St. Lucie Unit 2 earlier than 20 years before the expiration of its
current license. Therefore, the requirements of 10 CFR 51.22(c)(25)(vi)
are met.
Based on the above, the NRC staff concludes that the proposed
exemption meets the eligibility criteria for a categorical exclusion
set forth in 10 CFR 51.22(c)(25). Therefore, pursuant to 10 CFR
51.22(b), no environmental impact statement or environmental assessment
need be prepared in connection with the approval of this exemption
request.
IV. Conclusions
The NRC has determined that, pursuant to 10 CFR 54.15 and 10 CFR
50.12, 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, as defined in 10 CFR
50.12(a)(2), are present. Therefore, the NRC hereby grants the licensee
a one-time exemption for St Lucie 2, from the requirements of 10 CFR
54.17(c), to allow the submittal of a subsequent license renewal
application earlier than 20 years before the expiration of the St.
Lucie 2 license that is currently in effect.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 20th day of July, 2021.
For the Nuclear Regulatory Commission.
/RA/
Bo M. Pham, Director,
Division of Operating Reactor Licensing, Office of Nuclear
Reactor Regulation.
[FR Doc. 2021-15823 Filed 7-23-21; 8:45 am]
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