[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Pages 54303-54305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21700]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-016; NRC-2008-0250]
UniStar Nuclear Energy; Combined License Application for Calvert
Cliffs Power Plant, Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in a response to a November 19, 2013, request from UniStar
Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear Project, LLC
and UniStar Nuclear Operating Services, LLC which requested an
exemption from Final Safety Analysis Report (FSAR) updates included in
their Combined License (COL) application. The NRC staff reviewed this
request and determined that it is appropriate to grant the exemption,
but stipulated that the updates to the FSAR must be submitted prior to,
or coincident with, the resumption of the COL application review or by
December 31, 2014, whichever comes first.
ADDRESSES: Please refer to NRC-2008-0250 when contacting the NRC about
the availability of information regarding this document. You may access
publicly-available information related to this action by the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0250. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then 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].
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Surinder Arora, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1421 or email: [email protected].
1.0 Background
UniStar Nuclear Energy (UNE), on behalf of Calvert Cliffs Nuclear
Project, LLC and UniStar Nuclear Operating Services, LLC, submitted to
the NRC a COL application for a single unit of AREVA NP's U.S. EPR in
accordance with the requirements of Subpart C of Part 52 of Title 10 of
the Code of Federal Regulations (10 CFR), ``Licenses, Certifications,
and Approvals for Nuclear Power Plants.'' This reactor is to be
identified as Calvert Cliffs Nuclear Power Plant, Unit 3 (CCNPP Unit
3), and is to be located in Calvert County, Maryland. The NRC docketed
Part 2, ``Final Safety Analysis Report (FSAR)'' of the CCNPP Unit 3 COL
application on June 3, 2008. The CCNPP Unit 3 COL application
incorporates by reference AREVA NP's application for a standard design
certification for the U.S. EPR. The NRC is currently performing
concurrent reviews of the CCNPP Unit 3 COL application, as well as
AREVA NP's application for design certification of the U.S. EPR. UNE
previously requested an exemption on November 2, 2012, pursuant to 10
CFR 50.71(e)(iii) to submit the scheduled 2012 FSAR update, and
proposed, for approval, a new submittal deadline of March 29, 2013. The
NRC granted the exemption as described in Federal Register notice
published on January 8, 2013 (79 FR 4467).
2.0 Request/Action
The regulations specified in 10 CFR 50.71(e)(3)(iii) require that
an applicant for a COL under 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 FSAR, which is a Part 2 of the
COL application.
[[Page 54304]]
On April 9, 2013, UNE submitted Revision 9 to the COL application,
including updates to the FSAR. Revision 9 was provided to satisfy the
applicant's requested exemption of November 2, 2012, pursuant to 10 CFR
50.71(e)(3)(iii), and the next annual update was due by the end of
December 2013.
On November 19, 2013, UNE requested a one-time exemption from the
10 CFR 50.71(e)(3)(iii) requirements to submit the scheduled 2013
update, and proposed for approval a new submittal deadline in calendar
year 2014 (within 90 days of the submittal date of the U.S. EPR FSAR,
Revision 6, but not later than December 31, 2014) for the next FSAR
update. The U.S. EPR FSAR Revision 6 has been submitted. However, the
request is being reviewed for acceptance of the later date (i.e., the
end of 2014).
The requested exemption is a one-time schedule change from the
requirements of 10CFR 50.71(e)(3)(iii). The exemption would allow UNE
to submit the next FSAR update at a later date. The current FSAR update
schedule could not be changed, absent the exemption. UNE requested the
exemption by letter dated November 19, 2013 (ADAMS Accession No.
ML13324B041). UNE submitted a supplement to its November 19, 2013,
letter that revised the schedule for submission of the next updated
CCNPP Unit 3 FSAR by letter dated March 21, 2014 (ADAMS Accession No.
ML14086A326). Documents related to this action, including the
application for amendment and supporting documentation, are available
online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access ADAMS, which
provides text and image files of NRC's public documents. The ADAMS
accession numbers for the documents related to this notice are
ML14141A472 and ML14142A349.
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));
or (2) The exemption would provide only temporary relief from the
applicable regulation and the licensee or applicant has made good faith
efforts to comply with the regulation'' (10 CFR 50.12(a)(2)(v)).
The requested one-time schedule exemption to defer submittal of the
next update to the CCNPP Unit 3 COL application FSAR would provide only
temporary relief from the regulations of 10 CFR 50.71(e)(3)(iii).
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 UNE
to submit the next CCNPP Unit 3 COL application FSAR update in calendar
year 2014 (within 90 days of the submittal date of the U.S. EPR FSAR,
Revision 6, but in no case later than December 31, 2014). Per 10 CFR
50.12, the NRC staff has determined that granting UNE 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 nature of the requested exemption as described
above, no new accident precursors are created by the exemption; thus,
neither the probability, nor the consequences, of postulated accidents
are increased. Therefore, there is no undue risk to public health and
safety.
Consistent With Common Defense and Security
The requested exemption would allow UNE to submit the next FSAR
update in calendar year 2014 (within 90 days of the submittal date of
the U.S. EPR FSAR, Revision 6, but, in no case later than December 31,
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)); or (2) ``The exemption would provide only temporary
relief from the applicable regulation and the licensee or applicant 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 UNE time to carefully review the most recent
revisions of the U.S. EPR FSAR, and fully incorporate these revisions
into a comprehensive update of the FSAR associated with the CCNPP Unit
3 COL application. This one-time exemption will support the NRC staff's
effective and efficient review of the COL application when resumed, as
well as issuance of the safety evaluation report. For this reason,
application of 10 CFR 50.71(e)(3)(iii) in the particular circumstances
is not necessary to achieve the underlying purpose of that rule.
Therefore, special circumstances exist under 10 CFR 50.12(a)(2)(ii). In
addition, special circumstances are also present under 10 CFR
50.12(a)(2)(v) because granting a one-time exemption from 10 CFR
50.71(e)(3)(iii) would provide only temporary relief, and UNE has made
good faith efforts to comply with the regulation by submitting Revision
9 to the COL application on April 9, 2013. This COL application
revision incorporated changes resulting from Revision 4 of the U.S. EPR
FSAR and COLA changes resulting from UNE's responses to the NRC
requests for additional information submitted through December 2012.
For the above reasons, the special circumstances required by 10 CFR
50.12(a)(2) for the
[[Page 54305]]
granting of an exemption from 10 CFR 50.71(e)(3)(iii) exist.
Eligibility for Categorical Exclusion From Environmental Review
With respect to the exemption's impact on the quality of the human
environment, the NRC has determined that this specific exemption
request is eligible for categorical exclusion as identified in 10 CFR
51.22(c)(25). Under 10 CFR 51.22(c)(25), granting of an exemption from
the requirements of any regulation of 10 CFR Chapter 1 [which includes
10 CFR 50.71(e)(3)(iii)] 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 requirements from which this exemption is sought involve only
(B) Reporting requirements; or (G) Scheduling requirements of those
required by 10 CFR 51.22(c)(25)(vi).
The NRC staff's determination that each of the applicable criteria
for this categorical exclusion is met as follows:
I. 10 CFR 51.22(c)(25)(i) There is no significant hazards
consideration.
Staff Analysis: The criteria for determining if an exemption
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 for which the licensing
review is currently underway. Therefore, there are no significant
hazard considerations because granting the proposed 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
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 occupational or public radiation exposure.
IV. 10 CFR 51.22(c)(25)(iv) There is no significant construction
impact.
Staff Analysis: The proposed action involves only a schedule change
which is administrative in nature. The application review is underway
and no license will be issued prior to receipt of the aforementioned
application's December 31, 2014, submittal of the revised FSAR;
therefore, the proposed action 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 probability
or consequences of accidents.
VI. 10 CFR 51.22(c)(25)(vi) The requirements from which this
exemption is sought involve only (B) Reporting requirements, or (G)
Scheduling requirements.
Staff Analysis: The exemption request involves requirements in both
of these categories because it involves submitting an updated COL FSAR
by December 31, 2014 and also relates to the schedule for submitting
COL FSAR updates to the NRC.
4.0 Conclusion
The NRC has determined that, pursuant to 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 exist under 10 CFR
50.12(a)(2)(ii). The requested one-time exemption will permit UNE time
to carefully review the most recent revisions of the U.S. EPR FSAR, and
fully incorporate these revisions into a comprehensive update of the
FSAR associated with the CCNPP Unit 3 COL application. This one-time
exemption will support the NRC staff's effective and efficient review
of the COL application when resumed, as well as issuance of the safety
evaluation report. Therefore, the NRC hereby grants UNE a one-time
exemption from the requirements of 10 CFR 50.71(e)(3)(iii) pertaining
to the CCNPP Unit 3 COL application to allow submittal of the next FSAR
update in calendar year 2014 (within 90 days of the submittal date of
the U.S. EPR FSAR, Revision 6, but in no case later than December 31,
2014).
Pursuant to 10 CFR 51.22, the NRC has determined that the exemption
request meets the applicable categorical exclusion criteria set forth
in 10 CFR 51.22(c)(25), and the granting of this exemption will not
have a significant impact on the human environment.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day of August, 2014.
For the Nuclear Regulatory Commission.
Anna Bradford,
Acting Chief, Licensing Branch1, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2014-21700 Filed 9-10-14; 8:45 am]
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