[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61226-61227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24806]
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NUCLEAR REGULATORY COMMISSION
[NRC-2010-0314; Docket Nos. 50-313 and 50-368]
Exemption; Entergy Operations, Inc.; Arkansas Nuclear One, Units
1 and 2
1.0 Background
Entergy Operations, Inc. (Entergy, the licensee) is the holder of
Facility Operating License Nos. DPR-51 and NPF-6, which authorize
operation of the Arkansas Nuclear One, Units 1 and 2 (ANO-1 and ANO-2),
respectively. The licenses provide, among other things, that the
facility is subject to all rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in
effect.
The facility consists of two pressurized-water reactors located in
Pope County, Arkansas.
2.0 Request/Action
Title 10 of the Code of Federal Regulations, Part 50, Section
50.36a, paragraph (a)(2) (10 CFR 50.36a(a)(2)) requires each licensee
to ``submit a report to the Commission annually that specifies the
quantity of each of the principal radionuclides released to
unrestricted areas in liquid and in gaseous effluents during the
previous 12 months, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. The report must be
submitted as specified in Sec. 50.4, and the time between submission
of the reports must be no longer than 12 months. If quantities of
radioactive materials released during the reporting period are
significantly above design objectives, the report must cover this
specifically.'' The licensee submitted its Radioactive Effluent Release
Report for the Calendar Year 2009 on February 25, 2010.
The ANO-1 Technical Specification (TS) 5.5.1 and ANO-2 TS 6.5.1
require the Radioactive Effluent Release Report, covering the operation
of each unit in the previous year, to be submitted prior to May 1 of
each year in accordance with 10 CFR 50.36a. Originally, both ANO-1 and
ANO-2 TSs required this report be submitted either prior to March 1 or
within 60 days of January 1 of each year. Later, during the ANO-1 TS
conversion, the submittal date for ANO-1 became May 1. The licensee
continued to send one submittal for the site as allowed by the TSs. The
licensee also continued to submit the report in accordance with the
March 1 deadline. Entergy proposed to reorganize Section 6 of the ANO-2
TS in 2003. The proposed changes were to make the ANO-2 requirements
consistent with the ANO-1 TS requirements. These changes were
subsequently approved by the NRC and the submittal date became ``prior
to May 1'' of each year for both units. However, while the submittal
dates were consistent again between the ANO-1 and ANO-2 TSs, the 12-
month interval between submittals was not addressed. The actual
submittal date remained at the end of February of each year because,
the TS changes notwithstanding, the time between report submittals
cannot be more than 12 months. As a result, a period of only 2 months
is available to prepare and submit the report. With ANO continuing to
send one submittal for the site, this presents an undue administrative
burden on ANO personnel due to the compressed schedule for data
collection, report preparation, and internal review following the
closure of the reporting period.
Therefore, the licensee has requested a one-time exemption from the
12-month reporting criteria specified in 10 CFR 50.36a(a)(2) for its
submittal of the calendar year 2010 Radioactive Effluent Release
Report. The proposed exemption allows an additional 2 months for these
activities to match the current submittal date stated in the TSs. In
summary, the exemption does not affect the information required to be
submitted or the time period the report covers, only the date the
report is submitted. Subsequent submittals, pursuant to 10 CFR
50.36a(a)(2), will follow the 12-month reporting criteria.
The application for exemption, dated March 18, 2010, is publicly
available in the Agencywide Documents Access and Management System
(ADAMS) under ADAMS Accession No. ML100780094).
3.0 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, 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) when special circumstances are present. These circumstances include
the special circumstances that would provide only temporary relief from
the applicable regulation and the licensee or applicant has made good
faith efforts to comply with the regulation.
Authorized by Law
This exemption would allow the licensee to submit the 2010
Radioactive Effluent Release Report prior to May 1, 2011, which would
exceed the report submittal requirement of no longer than 12 months
specified in 10 CFR 50.36a(a)(2). As stated above, 10 CFR 50.12 allows
the NRC to grant exemptions from the requirements of 10 CFR Part 50.
The NRC staff has determined that granting of 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.
[[Page 61227]]
No Undue Risk to Public Health and Safety
The underlying purpose of the reporting requirements specified in
10 CFR 50.36a(a)(2) is to report to the Commission annually the
quantity of each of the principal radionuclides released to
unrestricted areas in liquid and in gaseous effluents during the
previous 12 months, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. This exemption does not
affect the information required to be submitted or the time period the
report covers, only the date the report is submitted. Based on the
above, no new accident precursors are created by extending the
submittal date for the 2010 Radioactive Effluent Release Report from
prior to March 1 to prior to May 1, 2011. Thus, the probability of
postulated accidents is not increased. Also, based on the above, the
consequences of postulated accidents are not increased. Therefore,
there is no undue risk to public health and safety.
Consistent With Common Defense and Security
The proposed exemption would allow the licensee to submit the 2010
Radioactive Effluent Release Report prior to May 1, 2011, which would
exceed the report submittal requirement of no longer than 12 months
specified in 10 CFR 50.36a(a)(2) by 2 months. This change has no
relation to security issues. Therefore, the common defense and security
is not impacted by this exemption.
Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2)(v),
are present whenever application of the regulation would provide only
temporary relief from the applicable regulation and the licensee or
applicant has made good faith efforts to comply with the regulation.
The underlying purpose of the reporting requirement specified in 10 CFR
50.36a(a)(2) is to require each licensee to submit a report to the
Commission annually that specifies the quantity of each of the
principal radionuclides released to unrestricted areas in liquid and in
gaseous effluents, including any other information as may be required
by the Commission to estimate maximum potential annual radiation doses
to the public resulting from effluent releases. The proposed exemption
does not affect the information required to be submitted or the time
period the report covers, only the date the report is to be submitted.
The requested exemption provides temporary relief from the regulation
in that it affords a one-time extension for submitting the annual
report. The proposed exemption is an appropriate means to ensure that
future reports are submitted on an annual basis as required by 10 CFR
50.36a(a)(2). Therefore, since the underlying purpose of 10 CFR
50.36a(a)(2) is achieved, the special circumstances of 10 CFR
50.12(a)(2)(v) for the granting of an exemption from 10 CFR
50.36a(a)(2) exists.
4.0 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 Entergy Operations, Inc., a
one-time exemption from the requirements of 10 CFR 50.36a(a)(2), for
ANO-1 and ANO-2.
The Commission has determined that granting this one-time exemption
from the requirements of a regulation of 10 CFR 50.36(a)(2) involves
(i) no significant hazards consideration, (ii) no significant change in
the types or significant increase in the amounts of any effluents that
may be released offsite, (iii) no significant increase in individual or
cumulative public or occupational radiation exposure, (iv) no
significant construction impact, and (v) no significant increase in the
potential for or consequences from radiological accidents. In addition,
the requirements from which this exemption is sought involve reporting
requirements in 10 CFR 50.36a(a)(2). Accordingly, the exemption meets
the eligibility criteria for categorical exclusion set forth in 10 CFR
51.22(c)(25)(i)-(vi). 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 consideration of this exemption.
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 28th day of September 2010.
For the Nuclear Regulatory Commission.
Robert A. Nelson,
Acting Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2010-24806 Filed 10-1-10; 8:45 am]
BILLING CODE 7590-01-P