[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29391-29392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11934]



[[Page 29391]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 52-034 and 52-035; NRC-2008-0594]


Luminant Generation Company, LLC; Combined License Application 
for Comanche Peak Nuclear Power Plant, Units 3 and 4; Exemption

1.0 Background

    Luminant Generation Company, LLC. (Luminant) submitted to the U.S. 
Nuclear Regulatory Commission (NRC) Combined License (COL) Applications 
for two United States--Advanced Pressurized Water Reactors (US-APWR) in 
accordance with the requirements of Part 52 of Title 10 of the Code of 
Federal Regulations (10 CFR), Subpart C, ``Licenses, Certifications, 
and Approvals for Nuclear Power Plants.'' These reactors will be 
identified as Comanche Peak Nuclear Power Plant (CPNPP), Units 3 and 4, 
and are located at the existing Comanche Peak site in Somervell County, 
Texas. The NRC docketed the application on December 2, 2008, and is 
currently performing a review of the application. In addition, the NRC 
is currently performing a detailed review of the Mitsubishi Heavy 
Industries, Ltd. application for the design certification of the US-
APWR.

2.0 Request/Action

    The regulations specified in 10 CFR 50.71(e)(3)(iii) require that 
an applicant for a COL under Subpart C of 10 CFR part 52 shall, during 
the period from docketing of a COL application, until the Commission 
makes a finding under 10 CFR 52.103(g) pertaining to facility 
operation, submit an annual update to the application's Final Safety 
Analysis Report (FSAR), which is a part of the application.
    Luminant submitted COL application, FSAR, Revision 3, on June 28, 
2012. Pursuant to 10 CFR 50.71(e)(3)(iii), the next annual update (COL 
application, FSAR, Revision 4) would be due in June 2013. Luminant has 
requested a one-time exemption from the requirements of 10 CFR 
50.71(e)(3)(iii) to allow for the submittal of COL application, FSAR, 
Revision 4, on or before November 30, 2013.
    In summary, the requested exemption is a one-time schedule change 
from the requirements of 10 CFR 50.71(e)(3)(iii). The exemption would 
allow Luminant to submit the FSAR update (Revision 4) on or before 
November 30, 2013, and to submit the subsequent FSAR update (Revision 
5) by November 2014. The FSAR update schedule could not be changed, 
absent the exemption. Luminant requested the exemption by letter dated 
January 28, 2013, (Agencywide Documents Access and Management System 
(ADAMS) accession number ML13031A041).

3.0 Discussion

    Pursuant to 10 CFR 50.12, the NRC may upon application by any 
interested person or upon its own initiative, grant exemptions from the 
requirements of 10 CFR Part 50, including Section 50.71(e)(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)); (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)); or (3) ``The exemption would provide only temporary 
relief from the applicable regulation and the licensee has made good 
faith efforts to comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
    The US-APWR Design Control Document (DCD) and the CPNPP, Units 3 
and 4, COL application FSAR are currently undergoing NRC staff review. 
Because the COL application FSAR is directly linked to the US-APWR DCD, 
many DCD changes require an associated change to the COL application 
FSAR. The committed changes for both the US-APWR DCD and the COL 
application FSAR are consolidated into a revision for the COL 
application, which is periodically submitted to the NRC. Thus, the 
optimum time to prepare a revision to the COL application FSAR is 
shortly after a DCD revision has been submitted. To prepare and submit 
a COL application FSAR update midway between DCD revisions would 
require significantly more time and effort. Luminant would need to 
identify all committed changes to the DCD since the last US-APWR 
revision in order to create a COL application FSAR revision that 
accurately and completely reflects the committed changes to the US-APWR 
DCD, made since the last DCD revision.
    The requested one-time exemption to incorporate US-APWR DCD, 
Revision 4, into the CPNPP COL application FSAR update would provide 
only temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii). 
Luminant has made good faith efforts to comply with 10 CFR 
50.71(e)(3)(iii) by maintaining a ``living'' COL application, in which 
Luminant continuously incorporates changes resulting from its responses 
to requests for additional information (RAIs), commitments, or other 
identified changes. Luminant has also submitted proposed changes to the 
COL application FSAR pages along with responses to NRC RAIs. 
Additionally, Luminant has periodically submitted Updated Tracking 
Reports, which provide changes to the COL application FSAR that reflect 
changes to the COL application FSAR.

Authorized by Law

    The exemption is a one-time schedule exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii). The exemption would allow the 
applicant to submit the CPNPP, Units 3 and 4, COL Application FSAR 
annual update scheduled for June 2013, on or before November 30, 2013, 
and to submit the subsequent FSAR annual update in November 2014. As 
stated above, 10 CFR 50.12 allows the NRC to grant exemptions. The NRC 
staff has determined that granting Luminant the requested one-time 
exemption from the requirements of 10 CFR 50.71(e)(3)(iii) will provide 
only temporary relief from this regulation and will not result in a 
violation of the Atomic Energy Act of 1954, as amended, or the NRC's 
regulations. Therefore, the exemption is authorized by law.

No Undue Risk to Public Health and Safety

    The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
The requested exemption is solely administrative in nature, in that it 
pertains to the schedule for submittal to the NRC of revisions to an 
application under 10 CFR Part 52, for which a license has not been 
granted.
    Based on the above, no new accident precursors are created by the 
exemption; 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.

[[Page 29392]]

Consistent With Common Defense and Security

    The requested exemption would allow Luminant to submit the FSAR 
annual update (Revision 4) scheduled for June 2013, on or before 
November 30, 2013, and to submit the subsequent FSAR annual update in 
November 2014. This schedule 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), are 
present whenever: (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)); (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)); or (3) ``The exemption would provide only temporary 
relief from the applicable regulation and the licensee has made good 
faith efforts to comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
    The underlying purpose of 10 CFR 50.71(e)(3)(iii) is to provide for 
a timely and comprehensive update of the FSAR associated with a COL 
application in order to support an effective and efficient review by 
the NRC staff and issuance of the NRC staff's safety evaluation report. 
As discussed above, the requested one-time exemption is solely 
administrative in nature, in that it pertains to a one-time schedule 
change for submittal of revisions to an application under 10 CFR Part 
52, for which a license has not been granted. The requested one-time 
exemption will permit Luminant time to carefully review Revision 4 of 
the US-APWR DCD and fully incorporate DCD revisions into a 
comprehensive update of the CPNPP, Units 3 and 4, FSAR associated with 
the COL application. This one-time exemption will support the NRC 
staff's effective and efficient review of the COL application and 
issuance of the safety evaluation report, and therefore does not affect 
the underlying purpose of 10 CFR 50.71(e)(3)(iii). Because the 
application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances 
is not necessary to achieve the underlying purpose of that rule; 
granting a one-time exemption from 10 CFR 50.71(e)(3)(iii) would 
provide only temporary relief; and Luminant has made good faith efforts 
to comply with the regulation, the special circumstances required by 10 
CFR 50.12 (a)(2) for the granting of an exemption from 10 CFR 
50.71(e)(3)(iii) exist.

4.0 Conclusion

    Accordingly, the NRC has determined that, pursuant to 10 CFR 50.12, 
the exemption is authorized by law and 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 Luminant a one-time exemption from the 
requirements of 10 CFR 50.71(e)(3)(iii) pertaining to the CPNPP, Units 
3 and 4, COL application to allow the submittal of the FSAR update 
scheduled for June 2013, on or before November 30, 2013, and to submit 
the subsequent FSAR annual update in November 2014.
    Pursuant to 10 CFR 51.32, the NRC has determined that the granting 
of this exemption will not have a significant effect on the quality of 
the human environment (78 FR 25486).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 8th day of May 2013.

    For the Nuclear Regulatory Commission.
Samuel Lee,
Chief, Licensing Branch 2, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2013-11934 Filed 5-17-13; 8:45 am]
BILLING CODE 7590-01-P