[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83172-83174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26138]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 99902056; NRC-2023-0186]
Tennessee Valley Authority; Clinch River Nuclear Site
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 August 17, 2023, request from Tennessee
Valley Authority from certain requirements of NRC regulations
pertaining to the submission of a construction permit application.
DATES: The exemption was issued on November 21, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0186 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-2023-0186. Address
questions about Docket IDs 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 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, at 301-415-4737,
or by email to [email protected]. The NRC's response letter to TVA
on the request for exemption from certain requirements of paragraph
2.101(a)(5) of title 10 of the Code of Federal Regulations (10 CFR) and
NRC's supporting safety evaluation are available in ADAMS under
Accession Nos. ML23045A008 and ML23114A098, respectively.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Allen Fetter, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-8556; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: November 21, 2023.
Brian W. Smith,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 99902056
Tennessee Valley Authority Clinch River Nuclear Site, Construction
Permit Application Submittal Exemption
I. Background
Tennessee Valley Authority (TVA) is currently the holder of an
early site permit (ESP) for the Clinch River Nuclear (CRN) Site in Oak
Ridge, Tennessee. ESP-006 was issued to TVA on December 19, 2019
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML1919352D341). Prior to the issuance of ESP-006, the NRC prepared
a final environmental impact statement (FEIS) to support the agency's
licensing decision. Subsequently, TVA completed a programmatic
environmental impact statement (PEIS) for the CRN Site Advanced Nuclear
Reactor Technology Park (published in the Federal Register on July 29,
2022). TVA intends to submit a construction permit (CP) application for
a license to construct a small modular reactor (SMR) at the CRN Site
and intends to submit the CP application in two parts, in accordance
with the provisions of Title 10 of the Code of Federal Regulations
2.101(a)(5). Because of the extent and recency of environmental
information gathered for the ESP and the PEIS at the CRN site, TVA
anticipates the CP application environmental report (ER) could be
available for submittal in advance of the preliminary safety analysis
report (PSAR).
II. Request/Action
TVA submitted an exemption request to the NRC via a letter on
August 17, 2023, titled ``Request for Exemption from Certain
Requirements of 10 CFR 2.101(a)(5),'' (ML23229A569). Specifically, TVA
requested an exemption from the portion of 10 CFR 2.101(a)(5) which
states, ``[w]hichever part [of the application] is filed first shall
also include the fee required by Sec. Sec. 50.30(e) and 170.21 of this
chapter and the information required by Sec. Sec. 50.33, 50.34(a)(1),
or 52.79(a)(1), as applicable, and Sec. 50.37 of this chapter.'' TVA
specifically requests that the information required by 10 CFR
50.34(a)(1) (i.e., a portion of the PSAR) be deferred to the second
part of the submittal. TVA intends to submit the ER required by 10 CFR
50.30(f) as the first part of the CP application, preceding the portion
of the PSAR required by 10 CFR 50.34(a)(1), which would be submitted as
the second part of the CP application.
III. Discussion
The requirements of both parts of a two-part application are
delineated in 10 CFR 2.101(a)(5), which states that ``[o]ne part shall
be accompanied by the information required by 10 CFR 50.30(f) [ER],''
while ``[t]he other part shall include information required by 10 CFR
50.34(a) [PSAR] and, if applicable, 10 CFR 50.34a.''
In addition to these requirements, 10 CFR 2.101(a)(5) also requires
that whichever part is filed first shall contain the following as part
of the submittal:
the filing fee required by 10 CFR 50.30(e) and 10 CFR
170.21;
the general information required by 10 CFR 50.33;
[[Page 83173]]
the portion of the PSAR required by 10 CFR 50.34(a)(1);
and
the agreement limiting access to Classified Information
required by 10 CFR 50.37.
TVA requested an exemption from the requirement to submit the
portion of the PSAR required by 10 CFR 50.34(a)(1) with the first part
of the application. TVA intends to submit the ER required by 50.30(f)
as the first part of the CP application and the PSAR required by 10 CFR
50.34(a) as the second part of the CP application. TVA states there
will be no more than six months between submittals.
TVA proposes to submit the following information in the first part
of the CP application:
the filing fee required by 10 CFR 50.33(e) and 10 CFR
170.21;
the general information required by 10 CFR 50.33;
the agreement limiting access to Classified Information
required by 10 CFR 50.37; and
the ER required by 10 CFR 50.30(f).
TVA proposes to submit the following information in the second part
of the CP application:
the PSAR required by 10 CFR 50.34(a); and information
required by 10 CFR 50.34a(a) and (b).
Because the staff's review of an ER can be done independently from
the review of a PSAR, the staff finds that there are no issues
associated with the ER coming to NRC up to six months before the PSAR.
The ER, however, would need to contain all the necessary safety-related
information for the NRC staff to prepare an environmental impact
statement (EIS), as required by 10 CFR 51.41 and as described in
Regulatory Guide 4.2 and NUREG-1555. The information subsequently
provided in the PSAR would also need to be consistent with the
information provided in the ER as any discrepancies could potentially
impact the staff's environmental review.
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 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 defined in 10 CFR
50.12(a)(2).
A. The Exemption Is Authorized by Law
The proposed exemption would 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
The submittal of an application and the NRC review of said
application and preparation of a final EIS and a final safety
evaluation report (FSER) are administrative actions. Therefore,
exempting TVA from certain application submission requirements under 10
CFR 2.101(a)(5) does not present an undue risk to public health and
safety. A CP allowing for the construction of a nuclear power plant
cannot be issued by the Commission until the staff completes their
review of the entire CP application and issues the FEIS and final
safety evaluation report (FSER), irrespective of whether the CP
application is submitted in two parts and regardless of which part of
the application is filed first.
C. The Exemption Is Consistent With the Common Defense and Security
The order and timing of submittal of parts of a CP application has
no relation to security issues. Therefore, the common defense and
security is not affected by this exemption.
D. Special Circumstances
In accordance with 10 CFR 50.12(a)(2), the NRC will not consider
granting an exemption to its regulations unless special circumstances
are present. As stipulated in 10 CFR 50.12(a)(2)(ii), special
circumstances are present whenever application of the regulation in
particular circumstances would not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the rule.
The underlying purpose of 10 CFR 2.101(a)(5) is to facilitate the
application submittal process for CP applicants and reduce the time
required to bring online nuclear power plants which satisfy all safety
and environmental requirements (73 FR 20963, 20970; April 17, 2008).
TVA has indicated that, without the requested exemption, their CP
application development and submittal process could be potentially
delayed such that the application of the rule would not serve the
underlying purpose of facilitating the application process.
Therefore, because the application of the relevant portions of 10
CFR 2.101(a)(5) is not necessary to achieve the underlying purpose of
the rule, the special circumstances requirement in 10 CFR 50.12 for the
granting of an exemption from 10 CFR 2.101(a)(5) is met.
E. Environmental Considerations
The NRC has determined that the issuance of the requested exemption
meets the provisions of the categorical exclusion 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 Chapter 10 qualifies as a
categorical exclusion if: (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
involves one of several matters, including scheduling requirements
(Sec. 51.22(c)(25)(iv)(G)). 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 has
determined that the granting of the exemption request involves no
significant hazards consideration because the exemption involves
administrative filing requirements. The exemption would allow the
information required for the first part of the CP application under 10
CFR 2.101(a)(5) to be deferred to the second part of the submittal. As
such, the exemption 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 involves administrative filing requirements. The
exemption would allow the information required for the first part of
the CP application under 10 CFR 2.101(a)(5) to be deferred to the
second part of the submittal. As such, the exemption is
[[Page 83174]]
administrative in nature, does not involve any change in the types or
significant increase in the amounts of effluents that may be released
offsite, and does not contribute to any significant increase in
occupational or public radiation exposure. Accordingly, there is no
significant change in the types or significant increase in the amounts
of any effluents that may be released offsite, and no significant
increase in individual or cumulative public or occupational 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 site, alter the site,
or 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 involves administrative filing requirements. The
exemption would allow the information required for the first part of
the CP application under 10 CFR 2.101(a)(5) to be deferred to the
second part of the submittal. As such, the exemption does not impact
the probability or consequences of accidents. Thus, there is no
significant increase in the potential for, or consequences of, 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), the exemption must be from certain requirements only.
Subsection (c)(25)(vi)(G) allows scheduling requirements to be subject
to a categorial exclusion. The exemption involves scheduling
requirements because it involves administrative filing requirements.
The exemption would allow the information required for the first part
of the CP application under 10 CFR 2.101(a)(5) to be deferred to the
second part of the submittal. Therefore, the requirements of 10 CFR
51.22(c)(25)(vi) are met.
Based on the above, the NRC 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 granting of this exemption request.
IV. Conclusion
Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12,
this 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
applicant a one-time exemption from the specific requirement of 10 CFR
2.101(a)(5) to file a portion of the PSAR as part of the first
submittal in the two-part application submittal process. The decision
to issue TVA this exemption does not constitute approval of the CP
application TVA intends to submit. The NRC staff will determine if the
application is sufficient for docketing and the application would be
reviewed using established NRC license review processes and standards.
The complete application must meet all applicable regulatory
requirements before a CP is issued by NRC.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 21st day of November 2023.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Director, Division of New and Renewed Licenses, Office of Nuclear
Reactor Regulation.
[FR Doc. 2023-26138 Filed 11-27-23; 8:45 am]
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